Clause 45 - Ascertaining children's wishes
Children Bill [Lords]
4:45 pm
Mr Tim Loughton (Shadow Minister for Children, Family; East Worthing and Shoreham, Conservative)
We are getting there. Clause 45 deals with ascertaining children's wishes, to which we wish to add feelings. Our arguments are not new; they were well rehearsed in another place and have great support from the Children's Society, in particular.
I think that we all welcomed the amendments that the Government introduced on Report in the House of Lords to place a statutory duty on local authorities to ascertain the children's wishes when providing services to ''children in need'' under section 17 of the Children Act 1989. Amendments Nos. 48 and 49 form a partnership with amendment No. 115, in the name of the hon. Member for Lancaster and Wyre. They would amend the clause to require local authorities, as far as is reasonably practicable, to give due consideration to children's feelings, as well as their wishes, in proceedings under section 17.
That is particularly important for younger children and those living in adverse circumstances. Children might not know what they do or do not want to happen, but they will always know how they feel. Ascertaining whether a child is scared, anxious or confused is critical to providing them with appropriate services and protections.
In the House of Lords, Baroness Ashton was concerned about consistency with the current legislation and, in particular, the discrepancy that might be created between sections 17 and 20 of the 1989 Act. Only one aspect of that child care legislation refers to wishes without feelings. That is section 20(6), relating to the provision of accommodation, which does not require local authorities to ascertain the children's feelings. However, those children are covered under section 22(4) as looked-after children, the definition of whom includes a child who is being provided with accommodation under section 20, and
therefore their feelings must be given due consideration. Unless the Bill is amended, children being provided with services under section 17 will be the only children whose feelings do not have to be given due consideration under the statutory provisions.
The amendment would especially improve the situation of disabled children and young children, the two groups who are least likely to be included in decision making. Nearly all high-profile child death inquiries have concerned children under the age of 10. One of the most consistent themes in inquiry reports is the complete invisibility of the child's wishes and feelings.
It is clear that, with regard to the arguments that were taken on board in the House of Lords, the Children's Society has worked to provide the assurances as to why the process can now be completed, and feelings be added to wishes in clause 45. Surely now it is time for the law to put children's wishes and feelings where they belong—at the heart of all our efforts to protect them and help them to lead happy, fulfilled lives.
This is a pretty innocuous amendment for the Government to accept. No doubt I will be told that it is not framed in parliamentary language. However, the intent is clear and I would hope that, at the very least, the Minister will offer to take it away and come back with it redrafted by her phalanx of parliamentary draftsmen so that it can be included for consideration in later proceedings on the Bill.