Immigration Bill

Debate between Lord McColl of Dulwich and Baroness Howarth of Breckland

Monday 12th May 2014 Lords Chamber

[Baroness Howarth of Breckland (CB)]

My Lords, I have one brief question. No one can doubt my commitment to this group of children and to the work of my noble and learned friend Lady Butler-Sloss and the noble Lord, Lord McColl. It is crucial that we move forward and I am particularly grateful that the Government have decided to do this with a pilot. The questions that have been asked during this short debate reflect the complexity of the issue. Having been the deputy chair and chair of CAFCASS for some eight years, I know how crucial it is to ask the question about the difference between advocacy and guardianship. I presume these issues can be worked through during the pilot.

I am concerned that the funding for the pilot, and for any future programme, should not come out of local government funding for child work generally or out of funding that would otherwise support children in the community. As a vice-president of the Local Government Association, I am quite clear that there are children who are, in many ways, equally vulnerable in their own homes—and some more so—who need equal support from social workers, who are extraordinarily pressed at the moment, as are the workers in CAFCASS. As the noble Baroness the Leader of the Opposition mentioned, there are financial questions, so I simply want the assurance that this money will not come out of mainstream childcare funding.

[Lord McColl of Dulwich (Con)]

My Lords, I thank the Minister very much for all his help and co-operation. He spotted three of us plotting in a corner of your Lordships’ House and, instead of avoiding us, he made a bee-line for us and was open and friendly. We are very grateful to him, especially on the about-to-be statutory basis of the role. In our amendment, the noble and learned Baroness, Lady Butler-Sloss, the noble Lord, Lord Carlile, the noble Baroness, Lady Royall, and I were concerned to ensure that the role of advocate met with international best practice, as well as taking advice from charities that have practical experience in supporting trafficked children.

Finally, I thank the Government for listening to us, obstinate and difficult though we were on some occasions. We are grateful that it has turned out well. Thank you.

Children and Families Bill

Debate between Lord McColl of Dulwich and Baroness Howarth of Breckland

Wednesday 16th October 2013 Grand Committee

[Baroness Howarth of Breckland]

My Lords, my name is attached to a number of these amendments. I would like to raise some issues that I came across in eight years’ involvement in CAFCASS and many years before that as a social worker. I hope that the Government will look at these issues between now and Report. I would like mediation to be replaced by meetings where information is given. At these meetings, people can find out what they should be doing next; they are often highly successful in helping the parties talk to each other in a different way. If you use mediation, it has a special nature.

Mediators often say that they will not intervene to give direct information and advice, certainly not as regards helping parties to think directly about the implications of their behaviour. Mediation is often about sitting back and thinking things through. When you are using the court arena simply to fight your battles, as the noble and learned Baroness, Lady Butler-Sloss, so eloquently described, that type of mediation is totally unhelpful. I have been allowed to sit in and watch CAFCASS officers intervene on parties in an extremely direct way. That has had much more impact than the kind of therapeutic situation which is often delivered through the mediation association—I chaired a government working party on this many years ago—in which people, particularly those in conflict, find it very difficult to sit and reflect on their behaviour.

It is certainly important that we have recognised mediators but I hope that mediation will be looked at in a much broader sense than simply reflective mediation. That was one of the issues which came forward in the pre-legislative scrutiny to the 2006 Act. I think it was that Act although it could have been another—I have been here too long. A number of people from mediation groups came to talk about how they could not direct, or be directed themselves, in their work with families. These families often need a much more behavioural approach, rather than a reflective one. We need to think through some of these issues before we come to a conclusion. However, I stand by my name being attached to those amendments which seek to leave out “mediation”.

[Lord McColl of Dulwich]

My Lords, I support this amendment. We need to take notice of what the noble and learned Baroness, Lady Butler-Sloss, has said, given her enormous experience. Let us leave out “mediation”.