Children and Adoption Bill [HL]

My Lords, we are very grateful to the noble Baroness for raising this issue. I should say straight away that we feel that the amendment raises what may be a point of substance; it is one that we wish to reflect on further, with a view either to introducing an amendment in the other place or issuing a practice note as she suggested. The intention of Section 37 of the 1989 Act is to enable courts, in particular in the process of private law family proceedings, to ask the relevant local authority to undertake within eight weeks an assessment of the welfare of a child who is the subject of proceedings with a view to ascertaining his or her needs and determining whether the authority considers that it should initiate care proceedings. The issue is whether the powers under Section 37 could be used in other types of proceedings. The amendment moved by the noble Baroness would extend the process set out in the 1989 Act, in respect of family proceedings, to other types of court proceedings. The question raised by the noble Baroness is whether that would assist the cause of child protection. In considering the noble Baroness’s amendment, we have asked ourselves precisely that question. The answer is that it may do so, and we are therefore prepared to consider very seriously an amendment to extend the scope of proceedings covered by Section 37. The implications need careful consideration. In the light of what I have said, I hope that the noble Baroness will feel able to withdraw her amendment.