Moved by
Lord Ponsonby of Shulbrede
130: Clause 33, page 32, line 36, leave out subsection (6) and insert—
“(6) Where the advocate provides support to victims under the age of 18, the advocate must conduct or refer to a needs assessment of such persons to determine whether they have capacity to consent to provision of direct support from the advocate, or whether it would be more appropriate to provide indirect support via other persons assessed to represent their best interests.
(6A) Before providing indirect support detailed in subsection (3), an advocate must —
(a) ascertain the views of the victim under 18 on who is best placed to represent their interests, and
(b) have regard to any views so ascertained.”
Member’s explanatory statement
This amendment would ensure that a child’s capacity to make decisions for themselves is taken into account when determining whether the Independent Public Advocate engages directly with them or not. Where it is more appropriate to engage with a representative on a child’s behalf, a child’s views and preferences on who is best place must be taken into account.