New clause 9 - Registration of private foster parents

Part of Adoption and Children Bill – in a Public Bill Committee am 10:15 am ar 17 Ionawr 2002.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Jacqui Smith Jacqui Smith Minister of State, Department of Health, Minister of State (Department of Health) 10:15, 17 Ionawr 2002

I shall certainly look at that now that the hon. Gentleman has raised it. That probably emphasises the need for us to take action not only across Government but with our international partners, in order to ensure that it is tackled.

Last year, the Government set up Project Reflex, a multi-agency taskforce to co-ordinate anti-trafficking operations, and to develop the intelligence and strategic planning necessary to underpin them. Led by the National Crime Squad, it brings together all the agencies involved in combating organised immigration crime. It has had a number of successful operations involving overseas partners.

I have made it clear that the Government start with the premise that the state should intervene in family life only when it has to. We want to enable parents and the wider community to take their responsibilities seriously, and not to intervene without need. I have given examples of when we need to balance the real issues of child protection with the legitimate concerns of family and community. However, it should not be, nor is it, an area where the state has no responsibility and no remit. Although I recognise what my hon. Friends have said about whether the current

provisions are effective, it is worth reminding ourselves of the current legal position.

The Children Act was framed in recognition of the risks associated with private fostering. It requires the local authority to satisfy itself that the welfare of the child is satisfactorily safeguarded and promoted by others. It does so by supervising, regulating and advising in respect of private placements. The local authority is required to visit at specified intervals and to report on those visits. The regulations set out detailed requirements.

In fulfilling its duty, the local authority must apprise itself of the following: the duration and purpose of the fostering arrangements; the child's physical, intellectual, emotional, social and behavioural development; cultural issues; financial arrangements; medical and dental care; education arrangements; standards of care; the suitability of the foster parents to look after the child; the suitability of the household and the environment; contact arrangements between the foster parents and the child's parents; and the wishes and feelings of the child. Section 7 guidance—the statutory guidance for local authorities that supports the regulations—sets out the way in which the issues must be dealt with, which includes making a police check. Local authorities have the power to impose requirements or, if serious concerns arise, to prohibit the fostering arrangement.

It is an offence to accommodate a privately fostered child in any premises in contravention of a prohibition imposed by a local authority. The maximum penalty is six months' imprisonment, a £5,000 fine or both. Similarly, a person who is disqualified from privately fostering a child and who fails to notify the local authority and obtain its written consent before entering into a private fostering arrangement is guilty of an offence punishable by up to six months in prison, a maximum fine of £5,000 or both.