Children’s Access to Parents

Andrew Percy Excerpts

Tuesday 13th December 2011 Westminster Hall

[Charlie Elphicke (Dover) (Con)]

I am delighted to have secured this important debate. Week in, week out, our constituency surgeries are all too often full of parents who are struggling to see, have contact with or have access to their children. Evidence suggests that around 3 million children in the United Kingdom live apart from a parent, and 1 million of them have no contact with the non-resident parent three years after separation.

In recent years, the number of court applications, and the number of backlogged cases in the system, have increased. In 2005, there were 110,330 court applications, compared with 122,330 in 2010. The CAFCASS—Children and Family Court Advisory and Support Service—case load has also been growing: in 2007-08 there were 39,432 cases, but in 2010-11 there were 43,759. A massive delay in family court cases is not in the best interests of children or parents.

Although the numbers of court applications and cases in the CAFCASS backlog look slightly better than last year, they are still far too high and I suggest that mediation would be a faster and better way forward. Mediation is cheaper at £752 per case compared with £1,682 for full court proceedings, and on average it takes 110 days, while court cases take 435 days. Some 95% of mediations are complete within nine months, while only 70% of court cases are over within 18 months.

In such circumstances, time is of the essence to provide stability for the child and their parents, and to ensure the protection of the child’s welfare and that there is closure and a settlement regarding how they will be looked after, with arrangements for parental contact and access. It is important that such situations are dealt with quickly, and from paragraph 115 onwards the Norgrove report promotes mediation, which is to be welcomed. My only caveat, however, is that the report goes on to state that if people do not like the results of mediation, they should still be able to apply to the courts. I do not agree; one needs closure as soon as possible, and parents who are busy arguing with one another should not be allowed further bites of the cherry.

A key issue is the right of children to see their parents following a separation. It is not an issue of dads’ rights, or fathers’ rights, or about those of the mother; it is about the fundamental and basic rights of the child. I believe that child welfare is best served by ensuring that children know and have a relationship with both parents after separation. Too often, parents sink their children’s rights in a sea of acrimony when they split up, which must be fundamentally wrong.

[Andrew Percy (Brigg and Goole) (Con)]

I congratulate my hon. Friend on securing this debate. He is right to say that such cases should be about the rights of the child, but does he agree that those rights also extend to a child’s right to see their grandparents?

[Charlie Elphicke]

The right of grandparents to see their grandchildren is important, although not, I hasten to add, in the teeth of the unity of both parents if the grandparents are, shall we say, of the more interfering busybody variety who destabilise families. In general terms, however, a relationship between a child and their grandparents is positive and should be encouraged. It is not good if one parent who has custody of the child tries to frustrates that relationship, just as they should not try to frustrate the non-resident parent. My hon. Friend is a passionate advocate of grandparents’ rights, and once again he makes a powerful and forceful point. If there is acrimony between families, it is flatly wrong for parents to inflict their mutual loathing, which too often exists in a relationship breakdown, on the child.

In its conclusions in paragraph 109, the Norgrove report states:

“The child’s welfare should be the court’s paramount consideration, as required by the Children Act 1989. No change should be made that might compromise this principle. Accordingly, no legislation should be introduced that creates or risks creating the perception that there is a parental right to substantially shared or equal time for both parents. For that reason and taking account of further evidence we also do not recommend a change canvassed in our interim report that legislation might state the importance to the child of a meaningful relationship with both parents after their separation where this is safe. While true, and indeed a principle that guides court decisions, we have concluded that this would do more harm than good.”

The most important words are,

“no legislation should be introduced that creates or risks creating the perception that there is a parental right to substantially shared or equal time for both parents.”

The difficulty with the report is that it confuses the issue of time with that of an emotional bond. An emotional bond—love and affection—is not about the amount of time spent with someone. A person could have a best friend from university they have not seen for years. When they next meet, however, the friendship will pick up as if it had been only five minutes and that is because a relationship exists. The person may not have spent much time with their friend over the intervening years, but they know and have a relationship with them. That, in essence, is what we must ensure for our children, because they have the right to know both their parents and to have a relationship, reasonable access and contact with them following a separation.

The Norgrove report has confused those two issues. A relationship is not about time but about that bond, that sharing between parent and child, and the love and affection that goes with it. A clear social message needs to be sent out, which is why I have tabled the Children (Access to Parents) Bill, and why I secured this debate. A relationship is not about the amount of time spent together but about the bond created, and that lies at the heart of my case.

We need action because 1 million children do not see both their parents. Society has changed and is still changing, and social change means that over the past few decades, both parents have become more actively engaged than was previously the case. One study showed that parental involvement by fathers rose 200% between 1974 and 2000, and the change in work patterns seen over recent decades suggests that there is more joint parenting. According to research that I requested from the House of Commons Library, the number of men in part-time work has risen from about 500,000 in 1985 to 2 million today, while the number of partnered mothers in work rose from 52% in 1986 to 71% in 2010. That suggests that parents are sharing work and bringing up their children, and all of us, particularly the younger Members of the House, know that the work-life balance includes more juggling and sharing of parenting and parental responsibility.

--- Later in debate ---

[Robert Halfon (Harlow) (Con)]

It is a pleasure to speak under your chairmanship, Ms Osborne. I congratulate my hon. Friend the Member for Dover (Charlie Elphicke), who has expressed the feelings of millions of people throughout the country in what he has said. As ever, his speech contained an enormous amount of research and interesting facts.

I will speak for only a minute or so, because other hon. Members want to speak. I want to talk about just two things. First, there is a father in my constituency of Harlow, Mr Colin Riches, whose children have been denied access to him. It is a tragic case, which shows why the law must change. Secondly—this relates to what my hon. Friend the Member for Brigg and Goole (Andrew Percy) has said—I am campaigning on behalf of the Grandparents’ Association, whose headquarters is in my constituency. We are asking for children to have the legal right to letterbox access to their grandparents. Put simply, that is the right to send and receive cards at birthdays and Christmas.

I have worked with Mr Colin Riches to table an e-petition—No. 23102—and I have raised his case many times in Parliament with my right hon. Friend the Leader of the House and others. The crux of his e-petition is this:

“Shared parenting should become the natural position in the UK. It’s in the best interest of the child. The law should be there to protect children’s relationships with both parents. It needs to show children that both their parents are treated with equality. So that children who have been cared for by both parents and grandparents do not suffer the pain of a living bereavement.”

I welcome the fact that the Government are looking into this matter, most recently through the family justice review, as mentioned by my hon. Friend the Member for Dover. That review was a ratchet in the right direction, because it accepted this point:

“More should be done to allow children to have a voice in proceedings.”

However, although I welcome some of the review’s contents, it does not go nearly far enough to help families such as that of Colin Riches.

I have had a very positive letter from the Minister—by chance, it arrived today—regarding my constituent, Mr Riches. In that letter, the Minister mentions that the review stops short of recommending a change in the law, because of the risk that a change could both encourage litigation and compromise the key principle of the Children Act 1989. As has been said, however, the law is clearly balanced too far in one direction—it is weighted against fathers and grandparents—and we need a change in the law to redress the balance.

I am nevertheless grateful to the Minister for his sympathetic response to my letter. He says that the Government will

“explore possible options for strengthening the expectation that both of a child’s parents should continue to be involved with the child’s care, post-separation”.

Will the Minister meet me and Mr Riches to discuss these issues more fully?

Secondly, I want briefly to ask the Minister about the work of the Grandparents’ Association. Last Thursday, I joined my hon. Friend the Member for Brigg and Goole at No. 10 Downing street to hand in a petition with more than 7,000 names calling for children to have the right to letterbox access to their grandparents—the right to send and receive cards on special occasions. That is a very small but symbolic thing, especially in the run-up to Christmas. Sadly, throughout Britain today, thousands of children are denied any access to their grandparents, even on birthdays and during the holiday season, which is often caused by family conflict.

Again, to be fair, the Government are considering the issue. I had a very positive response from the Leader of the House last week, when I raised the matter at business questions, but if the Minister could give a clear commitment to examine the issue, it would be hugely welcomed by grandparents in my constituency, the Grandparents’ Association and millions of grandparents up and down the land. It would be a tiny gesture, but it could transform the lives of many families. Ultimately, this is about the right of children to know who their family are and to have a chance to communicate with them. In the context of what the Government are doing to support the family, surely that is the right thing to do. Both the issues that I have raised fit with what we said in opposition, so I very much hope that we will be able to do something in the months and years ahead.

[Andrew Percy]

rose—

[Sandra Osborne (in the Chair)]

Order. Not all hon. Members have given notice that they want to speak. I am sure that they will want the Minister to have adequate time to respond.

[Andrew Percy (Brigg and Goole) (Con)]

I apologise for that, Ms Osborne. I will make this an extended intervention. I just want to agree with the words of my hon. Friend the Member for Harlow (Robert Halfon), who delivered the petition to No. 10 Downing street, and to give two quick examples from my constituency. I have two ongoing cases of constituents who have lost access to their grandchildren. In the first case, that was, very sadly, through the death of the daughter. In the second case, it was through a daughter’s new relationship with someone who exercised considerable influence over her. Consequently, the children left the country before legal processes could be put in place by the grandparent. I have met my hon. Friend the Minister to discuss this matter before, and I would welcome an opportunity to discuss it with him again. Those of us who are campaigning for grandparents’ rights fully accept the rights of parents, but at the end of the day this is about the rights of children, and those rights should extend to including grandparents. I hope that the Minister will meet us—I will end there, having taken less than a minute.