Children and Young Persons Bill [HL]

moved Amendment No. 102: 102: After Clause 33, insert the following new Clause— ““Responsibilities of parenthood (1) In section 10 of the 1989 Act (power of court to make section 8 orders), after subsection (9)(b) insert— ““(ba) in relation to residence orders, whether or not the person with whom it is proposed that the child should live is likely to be able and willing to accept the responsibilities of parenthood in relation to the child;””. (2) In section 8 of that Act (residence, contact and other orders with respect to children), after subsection (4) insert— ““(4A) In this Part ““the responsibilities of parenthood”” means, in so far as is practicable and in the best interests of the child, the safeguarding and promotion of the child’s health, development and welfare, and the provision of direction and guidance to the child in a manner appropriate to his age and development.”””” The noble Lord said: Amendment No. 102 is about the responsibilities of parenthood. The noble Lord, Lord Judd, apologised profusely to me and to the Committee for the fact that he has had to leave to get to Cumberland for an appointment. He has shown his enthusiasm for my amendment by promising to put his name to it if I bring it back on Report, which I hope I shall not need to do. The amendment would clarify and embed in law the responsibilities that a person assumes when they accept the responsibility of caring for a child who will live with them as the result of a residence order. In my view, the responsibilities are the same as those of any parent who has their child living with them. Curiously, the responsibilities are not clearly set out in law in England, although they are in Scotland. When a child is taken into local authority care and is placed with a foster carer or put into a children’s home, or where a child after the separation of his parents is sent to live with one of them, surely the same responsibilities must be relevant. It is critical for the child and for the parents of that child with whom he is not living that the child receives the parenting that he needs. We all know that parenting is fundamental to all aspects of a child’s well-being, including his education. The present position leaves uncertainty, which is potentially bad for the child and for the concerned adults. In the amendment, I propose that we should insert into the 1989 Act the relevant wording from Section 1 of the Children (Scotland) Act 1995. In many ways, I would have preferred it if it had been possible to insert this text into Section 1 of the 1989 Act, but unfortunately I am prevented from doing so by the Long Title of the Bill, which refers only to amending Parts 2 and 3. This will be only a preliminary step in my campaign. The wording of the amendment is taken more or less directly from the wording of the Children (Scotland) Act 1995, which states that, "““a parent has in relation to his child the responsibility … to safeguard and promote the child’s health, development and welfare … to provide, in a manner appropriate to the stage of development of the child … direction … guidance””." It is simple, it is non-prescriptive and it is reasonable. It is not over-detailed, and it is a good definition of the responsibilities of parenthood. It is no more than every child deserves and it is no more than the adults who care about that child’s welfare are entitled to expect. I beg to move.