Children’s Wellbeing and Schools Bill

Baroness Evans of Bowes Park Excerpts

Tuesday 20th May 2025 Lords Chamber

[The Deputy Chairman of Committees (Baroness Pitkeathley) (Lab)]

I should advise your Lordships that, if Amendment 2 is agreed to, I will be unable to call Amendment 3 for reasons of pre-emption.

[Baroness Evans of Bowes Park (Con)]

My Lords, I rise to support Amendment 2 in the name of my noble friend Lady Barran. As we have just heard, it has a simple purpose: to allow families access to a family group decision-making meeting at the earliest possible opportunity in the child protection process. As I am sure noble Lords have seen, the Family Rights Group briefing, for instance, noted that, when a local authority issues parents with a pre-proceedings letter, concerns around a child’s welfare will already be serious and could mean that an intervention at this stage through a family group decision-making meeting is, unfortunately, already too late. The British Association of Social Workers and Coram have expressed similar worries that waiting could mean that opportunities to bring families together are lost, with difficulties having escalated too far to be addressed.

I believe that research on the ground shows that family group conferences can be effective whenever the time is right for the family—in most cases, that may well be the sooner the better. Indeed, some local authorities are already successfully offering family group conferences earlier on in the child protection process. As my noble friend outlined in her opening remarks, having a family group decision meeting earlier on would allow the wider family to more fully understand the local authority’s initial concerns, and it could— I am not saying it would—allow them to demonstrate that they were able to protect the child concerned.

I hope the Minister will look favourably on this proposal, which aims simply to ensure that families have the best possible chance of staying together if— I stress “if”—issues around a child’s welfare can be properly addressed at the earliest opportunity, or at the very least to ensure that the measures put into the Bill do not force this option to be totally closed off.

[Baroness Butler-Sloss (CB)]

My Lords, I was a family judge for about 35 years, and I tried mostly care cases. I very much support this amendment and will make three points. First, I entirely agree with the previous speakers: hold the meeting as soon as possible, because it is unlikely that the decision to make a make an application for a care order or an interim care order comes at a very early stage. One hopes that the social workers would have been working with the family before this becomes inevitable. Consequently, the sooner the discussions can be had—and the other members of the family identified where possible—the better it will be, and it may not be necessary to have the care application before the magistrates’ court in any case.

Secondly, not only is it important to have the meeting early but there must be a degree of ability for the local authority to deal with members of the family—because, not in every case but in some cases, as the noble Baroness, Lady Barran, has said, there will be very unhappy divorce proceedings pending, whereby the parties will use the children as the arena for their attacks on each other. That is the typical sort of unhappy divorce case—fortunately not frequent, but one that occurs in care proceedings. Consequently, you may find that one or both of the parents should not at some stage be at the meeting. It is crucial that local authorities are warned, if they do not know already, and given at least, under statutory guidance, some help on how to deal with that issue—not in this Bill, of course, but in statutory guidance.

The third absolutely crucial point that the noble Baroness, Lady Barran, made is not to let a particular parent or someone with parental responsibility have the opportunity to use the meeting to delay the proceedings that are necessary. Again, it is absolutely crucial that, if a member of the family is trying to delay the proceedings, the local authority can go ahead without having the meeting. That is the one point that worries me about saying that they must have the meeting, although I think that probably, under the later part of Clause 1, it is possible not to have it. Again, in the statutory guidance it is crucial that local authorities are warned that the family meeting must not take place if, in fact, the delays are there for that particular reason.