Public Accounts Committee Report (CAFCASS)

Lord Beith Excerpts

Thursday 11th November 2010 Commons Chamber

[Margaret Hodge]

I am extremely puzzled by the allegation that has been made by the hon. Lady’s constituent about the veracity or otherwise of reports that are considered by the courts. I think that it would be inappropriate for me to comment on that, but I urge her to take it up through the appropriate mechanisms, because it is clearly an area of concern.

The Committee had grave concerns as to whether CAFCASS was fit for purpose. We all accept that it was hugely difficult for CAFCASS when it was faced with a 34% increase in the number of care cases, but in our view it was ill-prepared to respond appropriately and the reasons for that failure go beyond the crisis created by the sudden influx of new cases. The facts established by the NAO, and accepted by the permanent secretary in signing off the NAO report, cause us grave concern. At the height of the crisis, it was taking 40 days on average to allocate fully a care case to a family court adviser. I understand that it currently takes 27 days—nearly a month in a child’s life—just to start the work that will lead to a decision for that child’s future. The goal that CAFCASS has set for itself is to allocate cases within two days, but two years after the end of the baby Peter case in the courts, CAFCASS is still not meeting its own standard.

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

The report and what the right hon. Lady is now saying are depressingly similar to what we in the then Select Committee on Constitutional Affairs said in 2003, which led to the removal of the entire board of CAFCASS. Does she think that what she is now describing can be resolved by changes at the top, either at board level or in senior management, or do we also have to look at whether the remit and work of CAFCASS can be refocused as part of the family law review?

[Margaret Hodge]

As the right hon. Gentleman will know, I was the Children’s Minister when his Committee considered that report. We had hoped that putting in a new chief executive and a new board would enable the organisation to manage the transition to the new arrangements and provide an effective service for children. It is particularly depressing in coming back to this issue a few years later to find that that has not taken place. I agree with the implication of his assertion—the time has probably therefore come to review the arrangements that were put in place and to see whether they are appropriate to ensure the proper care of children. I take that point seriously.

CAFCASS’s ability to respond to private law cases, where demand is still increasing, was also woefully inadequate. One third of the section 7 reports required by the courts are more than 10 days late and CAFCASS also faces the ongoing challenge of an ever-increasing number of open care cases remaining on its books. At the end of September, CAFCASS had nearly 12,000 open care cases—over 2,500 more than a year before.

During 2009-10, CAFCASS reached an agreement with the judiciary which enabled it to prioritise new and delayed cases, to introduce a duty system to support the courts in care cases and to write fewer reports in private law cases. All sides agree that, although those temporary changes were necessary, they were not desirable and the duty system for public law cases did not serve the needs of children well. The guidance underpinning those practices has now been amended to minimise the use of duty guardians, but that simply adds to my Committee’s concerns about the capacity of CAFCASS as an organisation to respond to the demands placed on it.

--- Later in debate ---

[Margaret Hodge]

I urge the Government, as they are considering financial cuts to services across the board, not to place at risk the response we should collectively make to the needs of the most vulnerable young people in our society.

Question put and agreed to.

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

On a point of order, Mr Deputy Speaker. We are all grateful to the Backbench Business Committee for enabling the Select Committee report to be presented, but I hope you will encourage the various parties involved, including the Backbench Business Committee, to review the procedure. Perhaps a little longer is required—such as a half-hour slot—in order that the Chairman may present the whole case and then take questions, including from the Minister. I saw that he tried to intervene. On behalf of Committee Chairs in general, I would like to encourage further consideration of the exact procedure to be followed for this excellent innovation.

[Mr Deputy Speaker (Mr Nigel Evans)]

I thank the right hon. Gentleman for that point of order. I have been an MP for 18 years and we seem constantly to be modernising the House. This procedure is embryonic—this is the first time we have followed it—and I am sure that the Backbench Business Committee will reconsider it and consider what changes need to be made to make it more effective. I agree with his comments about the first running of the procedure; it was very useful.