Children and Families Bill

Baroness Benjamin Excerpts

Monday 21st October 2013 Grand Committee

[Lord Ramsbotham (CB)]

My Lords, both my heart and my head are with my noble friend Lord Northbourne on this. One of the attractions of his proposal that we should get this into law relates to the very people to whom my noble friend Lady Howarth referred. The proposed amendment would have a lateral benefit for people in custody. Some of them benefit from instruction in parenting, but many do not. If parents’ duties were more codified, it might enable better structure to be given to parenting instruction, which seems to be a crucial part not just of education in custody, but of education in school as well.

[Baroness Benjamin (LD)]

My Lords, I, too, support this amendment, and I want to make a case for qualified play therapists to be involved in this issue. Play therapists can play an important role with children and their parents, both in schools and in children’s centres, in breaking the cycle of continual problems within families, helping them fully to understand the importance of parenting and family bonding, and about relationships and responsibilities. Where play therapists have been allowed to carry out this type of work, there has been much success in keeping families living happily together. I know this because I am the patron of the British Association of Play Therapists, for which I declare an interest.

For many years I have spoken up about the need for parenting and relationships to be taught in schools. I have seen what this can do. I have even been into prisons, talking to men, in particular, about parenting and the importance of learning to live with their children, to love them and to bond with them. Many of them do not know how to do that and have never received the investment of time and effort in their lives that would make them understand the importance of this parenting and bonding. I hope that the Government will give this serious consideration and look favourably on the amendment.

[The Minister of State, Ministry of Justice (Lord McNally) (LD)]

My Lords, as I have come to expect with this Bill, the amendments are thoroughly debated and raise some fundamental problems, which I promise to take on board as the Bill progresses.

My response gives me the opportunity to explain a number of measures aimed at promoting the positive involvement of both parents in their children’s lives. In many ways, I am sympathetic to the noble Lord’s intentions in tabling this amendment. When we come to make decisions on this Bill, we will all have to consider deeply whether some of the responsibilities that have been raised in this debate are most sensibly written into this legislation, or elsewhere, or addressed by other means. However, I certainly do not doubt that there is an issue—which the noble Lord, Lord Northbourne, has rightly raised—about how we get the required level of parental responsibility. The noble Earl, Lord Listowel, referred to the knock-on effects of the problems of single parents, particularly in families without fathers. The noble Baroness, Lady Massey, emphasised the importance of early intervention, while the noble and learned Baroness, Lady Butler-Sloss, lent her support to the idea that it is sensible to set out those responsibilities in the Bill.

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[Baroness Hughes of Stretford]

My Lords, I, too, support the amendment moved by the noble Lord, Lord Northbourne, and I congratulate him on such a novel and neat proposal. I will not delay the Committee because I suspect that we will have a very full debate on PSHE and the role that schools can play in developing these aspects of children’s well-being. Indeed, the noble Lord has himself already pointed that out. However, Amendment 57 fits closely with the concerns we have on this side about better preparing children and young people for the challenges of life, and about maximising their potential academic success through extracurricular activities to develop their confidence, self-esteem, leadership skills and so on. Those are actually two sides of the same coin.

So-called “soft skills”, which in my view is a rather derogatory term because we are talking about non-cognitive development here, are very important and have been shown to be extremely valuable not only to meet challenges better, but also to maximise their potential academically. Why else would some of our best fee-paying schools have extensive programmes of such activities? They have them because they are aiming to produce rounded individuals by developing these important aspects of character and resilience. It is a great pity that the Government have taken away much of the funding that schools had been provided with for extended activities, as well as reducing the emphasis being placed by the department and the current Secretary of State on these and other extracurricular work. As the noble Lord, Lord Northbourne, said, Ofsted has highlighted the huge variation in provision, with much of it being of very poor quality.

The reason that this amendment is so novel and neat is that it is not prescriptive. It simply asks schools to discuss and debate these issues, and to review them every year. That will involve a conversation with parents and with the pupils themselves. They should then publish what they intend to provide. It will not cost schools any money to do that, but it will put this issue on the agenda and make it more transparent for parents and pupils alike. I am therefore very happy to support the amendment.

[Baroness Benjamin]

My Lords, I support this amendment. There is something close to my heart that the noble Lord also supports. Twenty years ago my production company tried to get a schools programme on parenting commissioned. I was told that could not happen because it was not part of the national curriculum. Thankfully it now is. Some schools are attempting to address this important issue. Parenting is not about sex education, but about teaching young people about life skills, relationships, respect for one another, responsibilities, basic money matters, social policies and solving domestic problems. That applies to everybody’s family life, no matter what their background is. All schools should promote parental responsibility and make it an essential part of delivering holistic education to all our children. That is why I support this amendment.

[Baroness Howarth of Breckland]

I rise very briefly to support this amendment, and to ask for it to be looked at in a broader context of social policy. The noble Lord, Lord Ramsbotham, talked of young men in prison. I want to give one example—something I heard last week—which relates to how young people can learn. I was told of a hostel for young women with their babies that was closed, probably for financial reasons. The young women and their babies were dispersed. Six of them were at university, and no consideration was given to this fact, to the support they received at the hostel or to what would happen to them in future. If we are thinking about how we can ensure that each generation gets the support they need, that story is a good example of how broader policy could make a difference.

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[Baroness Benjamin]

My Lords, I have put my name down to this amendment because the NSPCC has raised huge concerns with me. It feels that the implementation of a 26-week time limit could make the operation of evidence-based interventions that take longer than the specified time limit more difficult; for example, in situations where parents are seeking treatment for substance misuse or domestic violence or when family members come forward late in care proceedings when the real risk of a child being taken into care becomes apparent. The NSPCC believes that we must ensure there is sufficient time for the appropriate assessments to take place.

The noble Baroness has already mentioned programmes such as the NSPCC’s infant and family team. That programme is significant as it informs professionals and helps courts decide whether maltreated children can be reunited with their birth family or should be placed for adoption with their foster family. It also assists parents in addressing the problems that they might have had as children. However, this important and emotional work requires between 12 and 15 months before a final recommendation is made. Although the Bill provides for eight-week extensions, continually adding these on to the six months causes a large amount of uncertainty for parents whose own early traumatic experiences are being explored to help them reflect on the origins of their present difficulties, and ultimately may have an adverse effect, not to mention increased administration pressure.

When I was told the following story of a young mother, it showed me just how important the NSPCC’s infant and family team can be to the well-being and happy outcome of a family in difficulty. Two years ago, Kesha’s eight children, aged between one and 13, were removed from her on the grounds of neglect. The children were split among different foster carers and she saw them for only an hour every other week. Kesha says:

“When I first began working with the Infant Team I had a bad attitude, but soon, I loved it. We had parenting sessions that really helped me, and I watched videos of parents and kids which helped me understand my kids’ needs more and how to meet them and build a sense of security so they know they can come to me. The Infant Team also asked me about when I was young. It felt like my mum leaving at a young age meant I couldn’t trust people. They helped me to be myself more and start trusting people, and I began to open up to my kids more, and my relationships with them got better. The Infant Team want you to get your kids back. I didn't want my children to have to grow up without their mum like I did. I love them too much. I fought hard to get them back”.

It took Kesha a year and a half to get her children back, but by working hard and with the right support, they have been successfully reunited.

The NSPCC and others agree that there are lots of cases that need to be speeded up, but that should not be done at the expense of limiting interventions that could be effective in dealing with family problems, so that children can stay at home when it has been proved to be safe for their well-being. These cases cannot be forced into a prescribed timeframe, as the NSPCC believes that this could be damaging. It is seeking commitments as to how the Government will address this potentially negative impact and ensure that cases are not shoehorned into a structure that will not be beneficial. There needs be more flexibility and I believe that this, in turn, will not undermine the policy intention. The amendment will provide greater clarity about the length of care proceedings when longer timescales are needed to meet the needs of the child. I know that that is what all noble Lords here ultimately want.

[Baroness Butler-Sloss]

My Lords, I regret to say to the noble Baroness, Lady Jones, that I do not agree with her amendment. I have discussed this with the President of the Family Division and with Lord Justice Ryder, who has been leading the modernisation of the family courts over a number of years—even when I was there, which is now eight years ago. This is one of the major planks of the Norgrove report. The president and Lord Justice Ryder, together with other judges, are extremely concerned about the idea that the 26-week limit should be breached. They see it as an opening for some judges simply to take longer. Certainly until very recently, we know that decisions have been taking 48 to 50 weeks. For a child to have to wait for a year for a decision on whether it can stay with the family or should go into care is half a year too long. This is what Norgrove wanted: dramatically to reduce the time.

The NSPCC has been lobbying me as well and I have heard the touching story, but I am afraid that I sent an e-mail saying that in this particular instance I do not agree. If one looks at Clause 14, which is the subject of this amendment, one can see that under new subsection (5) onwards, there is an opportunity for extensions of eight weeks. However, if there is an open book, there will be judges who allow it to remain open, whereas if you have to be ready to go back after each period of eight weeks, that has a marvellous effect on getting on with what needs to be done.

I also notice that under new subsection (9) the Lord Chancellor can change the 26-week period, while new subsection (10) states that the rules of court may provide for changes. I have absolutely no doubt that the rules committee and the senior judiciary, particularly the Family Division liaison judges on each of the circuits, will check on the designated family judges in the care centres. If there are cases where the decision has been too speedy, I have no doubt at all that the system will be able to see that, which provides an opportunity to decide at that stage whether there needs to be an extension. But, for the moment, I ask the Minister to stand firm on this one.