(2 days, 3 hours ago)
Lords Chamber
Baroness Cass (CB)
My Lords, I was not intending to speak to the amendment, but I also met Ceri this week, and it was a privilege to talk to him. I had not heard that part of his story until my noble friend Lady Grey-Thompson told us about it.
I recently stepped down as a trustee of the children’s hospice Noah’s Ark, in Barnet. When I think about the support that families get there—not just during the course of their child’s illness and while they pass away but support for siblings, and the ability, through the Butterfly Suite, to be with the child they have recently lost for a number of days thereafter, through to follow-up and bereavement support that hospice staff provide, as well as advice on benefits and access, which might be crucial to the well-being of those parents —I am struck by the stark difference. That support is provided by charitable funds. It should not be that way. This is a postcode lottery. We have responsibilities to this group of families, who fight so bravely by themselves but who need our support and that holistic wraparound care.
My Lords, I strongly support Amendments 99 and 101, in the name of the noble Baroness, Lady Barran. These are designed to tackle the sad and difficult problem of successive removals of children and babies from their parents, in particular from their mothers.
When a child is removed permanently under a court order, typically, a number of things can happen, and, indeed, not happen. The court which made the care order and consequent order for placement for adoption will have no further involvement. The local authority which brought the case may well have little or no further engagement with the birth family, who will receive no more attention and support, at least until there is another pregnancy, by which time it can be too late to address the underlying problems.
The mother, probably traumatised, may react to the first removal of a child with a bad decision to have another child, in the hope, rather than the expectation, that things will turn out better next time round, which is unlikely to occur. The mother and the father, if identified, will have become mistrustful of the local authority social workers and feel stigmatised and unwilling to seek or accept help. The mother may become hard to reach and may not reveal the next pregnancy until the last minute. Her underlying problems, by then, will not have been addressed; indeed, they may have become compounded.
Unless there has been some significant and unexpected change, the local authority will have no alternative but to start new care proceedings for the new child, usually with the same bad outcome as before. Speaking as someone who has had to deal with these cases, I know that those representing the mother and the court will struggle to find any real improvement or anything else to distinguish the case from that of the previous child. These are truly the most wretched cases for any court to deal with.
The charitable organisation Pause has considerable expertise in this area and has evolved a model of preventive support to break the cycle of repeated pregnancies and recurrent removals. The Nuffield Family Justice Observatory and others have had valuable input into this problem and highlighted the statistics. One in five care proceedings are repeat proceedings. The repeat proceedings are more likely to involve babies, and almost half of all newborn babies subject to care proceedings are born to mothers who have had a previous child removed. Indeed, it is quite likely that the mother herself will have been in the care system not so long before. The additional financial cost to local authorities for care proceedings and consequential adoption proceedings, and the support required to pay for foster care and adopters, is enormous. The human cost, obviously, is unresolved misery and grief.
Amendment 99 would require local authorities to provide post-removal support where there is a risk of further removal, based on the Pause model of specialist focused and intensive support. Some local authorities do this work, but it should be universal. It has been suggested that, for every £1 spent, £4.50 would be saved in the next four years. However, some local authorities—understandably, given their constraints—are reluctant to look beyond this year’s budget. The Pause model does make a difference, and primary legislation can now make a real difference. That is the basis for Amendment 99.
Amendment 101 would provide for data collection, which would be a valuable aid to local and central government. Ironically, if Amendment 101 was agreed and Amendment 99 did not succeed, it would simply serve to highlight in the data which would be collected the support that should have been provided through Amendment 99. That opportunity should not be missed.
In Committee, the Minister was sympathetic and suggested that one way forward might be by way of family group conferencing, which is part of the structure of the Bill. Quite frankly, that would not be of particular value in these circumstances. The first set of proceedings probably would not have got to where they were if there had been a supportive family in the background, and it would, by then, be too late to prevent what had already become a further pregnancy. Therefore, I do not think that is the answer.
I have tried to avoid repeating points that were made in Committee. I simply quote the late Nicholas Crichton, a pioneering district judge:
“A family justice system that removes the fourth, fifth or sixth child from families without doing anything about the reasons for removal is a failing system”.
I commend Amendments 99 and 101 to the House.