My Lords, I thank noble Lords for their interventions on Amendments 22, 23, 25 and 26, which concern Clauses 4 to 6 about promoting the educational achievement of previously looked-after children. I am grateful to the noble Baronesses, Lady King and Lady Walmsley, and the noble Lord, Lord Alton of Liverpool, for these amendments, which would require local authorities and schools to also promote the educational achievement of children adopted from care outside England.
Government policy has been clearly focused on continuing to support very vulnerable children who were looked after by our care system before starting new lives through, for example, adoption. Making a commitment to continue to help them, and the wonderful parents and guardians who give them a secure and loving home, remains a top priority. Support to succeed in education is an important element of this because we know that there is an attainment gap to address.
I understand that some children adopted from outside England will have been in an equivalent form of care prior to adoption and that they, too, are vulnerable. This is in addition to moving to a new country and a new culture. The Government have acknowledged this by extending access to the adoption support fund to these children and their families so that they, too, can get access to much-needed therapeutic services. The Government would like to do more for these children and agree with noble Lords that extending the remit of Clauses 4 to 6 to require local authorities and schools to also promote their educational achievement would be a positive step.
There are, however, a number of important practicalities to consider: for example, how we define eligibility and how a parent proves eligibility. This is
because there is much variation between the care systems of other countries. I hope that noble Lords will agree that it is important that we ensure that the eligibility criteria closely match the criteria for children in this country in order to come within the scope of Clauses 4 to 6. As I said, the Government will table a government amendment to this Bill in the other place to bring children adopted from care outside England within the scope of Clauses 4 to 6.
I am also grateful to noble Lords for their Amendment 28, which proposes a new clause to extend existing educational entitlements given to previously looked-after children in England to children adopted from care outside England. These entitlements include priority school admission in the early years and the pupil premium plus. None of these entitlements is provided for in primary legislation so it would not be appropriate to consider this amendment for inclusion in the Bill. The Government will, however, give full consideration to the position of these children when reviewing these policies.
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Amendment 29, tabled by the noble Lord, Lord Ramsbotham, concerns the important issue of parental responsibility for children who would otherwise be at risk of harm. I appreciate the sentiment behind this amendment, which intends to require local authorities to seek care orders under Section 31 of the Children Act 1989 for all children who are suffering or are likely to suffer significant harm and for whom nobody holds parental responsibility. The noble Lord rightly wishes to ensure that such children are cared for and protected under Section 31 of the Children Act 1989. I believe that such support can be provided under current arrangements.
An example of one such group would be children being accommodated by a local authority under Section 20 of the Children Act. The local authority will have legal responsibility for the child and will be able to do anything necessary to safeguard and promote the welfare of that child. This also grants the child entitlement to the same statutory safeguarding and care support services as any other looked-after child, including those being supported under a Section 31 care order. This means that local authorities have the same duties towards them to draw up and review their care plan, for which they must appoint an IRO. Whether or not a child is on a care order under Section 31 or accommodated under Section 20, the local authority must safeguard and promote the welfare of those children and in particular promote their educational achievement. They must also, for example, make them aware of their right, if they want it, to independent advocacy or an independent visitor.
We must bear in mind that courts do not make care orders lightly: before they do so a local authority has to show that a child is suffering or likely to suffer significant harm. It is always at the discretion of the local authority as to whether it feels it necessary to apply for a Section 31 care order for a child. On the point made by the noble Lord, Lord Ramsbotham, and referred to by the noble Lord, Lord Hunt, about clarifying the position with the MoJ, I would be delighted to meet the noble Lord, Lord Ramsbotham, to discuss
that further. In conclusion, I hope on the basis of what I have said that noble Lords will not press their amendments.