Children and Young Persons Bill [HL]

I have some amendments in this group: Amendments Nos. 32, 33, 34 and 46. Despite physical appearances today, there is not a yawning chasm between me and the noble Baroness, Lady Morris of Bolton, but that is a matter that I shall redress in the correct forum. My Amendment No. 32 is a different way of approaching the issue covered by Amendment No. 29 in the name of the noble Baroness, Lady Morris, and my Amendment No. 33 is a different way of approaching the issue covered by Amendment No. 31, also in her name. On Amendment No. 33, we would simply like a recognition that there may be cases involving specific safety concerns, as have just been outlined, which make a placement within a local authority not in the child’s best interests. That is why we propose the addition of safety as a criterion in Clause 8. Amendments Nos. 34 and 46 define what we mean by welfare. Kevin Brennan MP, Parliamentary Under-Secretary of State for Children, Young People and Families, speaking on 9 October 2007, made it clear that the Bill would not prevent access to specialist services for children with complex and acute needs. He said that, "““the needs of each individual child must come first. We will ensure that out of authority restriction is not absolute, as we recognise that some young people will have needs that require them to be placed at a distance””." Although we recognise that and welcome the Bill’s focus on ensuring that local authorities provide appropriate placements that are consistent with the child’s welfare, we would like more clarity on what we mean by ““welfare””. In some cases, out-of-authority placements may be the most appropriate. As drafted, the Bill states that the Secretary of State will define the requirements with which local authorities must comply before placing a child out of their area. We believe that further clarification is required in the Bill, which is why we have provided our own definition of welfare. Noble Lords will note that it includes physical and mental health as well as appropriate educational outcomes; support for the child’s social, emotional and behavioural needs; safeguarding requirements; and the stability of the care placement. We would place a similar definition of welfare in Clause 9, because we are concerned that a lack of flexibility and understanding of the circumstances of children with complex needs could result in a decision to place a child in an inappropriate placement, simply because it is near to the school, which is the subject covered by Clause 9. That might be the school where they are currently registered. It is of course easier to leave them there—whether or not they are actually attending, which might also be an issue—regardless of whether the school is able to provide the specialist support that the child needs. That is why we propose the same definition of ““welfare”” in Amendment No. 46 as in Amendment No. 34.