Oral Answers to Questions

Caroline Nokes Excerpts

Monday 10th February 2014 Commons Chamber

[Jessica Lee (Erewash) (Con)]

It is a pleasure to be called to speak in this important debate on this important Bill. I will start by declaring an interest as a family law barrister. Over many years, I have represented parents, guardians, grandparents, children, social workers and many other people. I have no doubt that the Bill will improve the prospects of some of the most vulnerable children in our society, in particular those who are in foster care and those who are placed for adoption.

We in this House often focus on the issues that divide us, but matters such as the prospects for looked after children always unite the House, and efforts have been made across the parties and in the other place to progress the Bill in a positive way, and to work on the detail and reach our agreed position this evening. I remember fondly—as will many other hon. Members, I am sure—the many hours spent on the Bill Committee considering these important measures.

I wish briefly to highlight two points this evening. The first is the extremely positive development in part 5 of the Bill that makes provision for young people to remain, or, as the phrase goes, to “stay put”, in foster care until the age of 21. It is almost impossible for any of us to imagine how, in addition to all the challenges that young people face when considering their careers and their journey into adult life, some will have the added uncertainty of their whole home support network being in possible jeopardy.

Too often I have seen court cases involving older teenage children where, despite the best efforts of all those involved—the judiciary, solicitors, social work team and so on—and a care plan that is always carefully worded and constructed along with the legislation, there is always a concern that there is only so much the court can do. Previously, up to the age of 16 or 17 there was that uncertainty, and a gap in the provision of services. I pay tribute to my hon. Friend the Minister in leading on these measures. The whole House has worked extremely hard to identify those gaps and to ensure that continued provision, which is much needed for young people as they move into the adult world. The Bill will need time to be implemented, and we will also need time to evaluate and assess the success of what is being proposed. Nevertheless, I think that all involved will see tonight as a significant step forward for looked after children.

My second point is about clause 11. The House has had the benefit of the expertise of Baroness Butler-Sloss who assisted in that section of the Bill. As the former president of the family division, she may perhaps offer more expertise than most of us when it comes to understanding how the drafting of the clause may be interpreted in the family courts. I have no doubt that the starting point for all courts when considering contact and residence applications has been, and will continue to be, that children will always benefit from a relationship with both of their parents, unless there is a good reason to move away from that.

As a family practitioner I have no doubt that contact and residence cases can be the most emotive and difficult litigation for individuals to commence. Put simply, it is to do with the relationship that people have with their own flesh and blood. In advance of such cases, those around the clients involved, such as the solicitors, not only give legal advice but often take on the role of friend and confidant as they guide the parents—or increasingly the grandparents—through such litigation. That highly emotive aspect to these cases is why the drafting of the Bill is so crucial—drafting is crucial for all legislation, but it is a particular issue with this clause.

Clause 11 is entitled, “Welfare of the child: parental involvement”. That maintains the important balance of children having a meaningful relationship with both parents, but it does in some ways move away from suggesting that there is any division in terms of time, which is different from what some of the other proposed phrases may have done. That was, of course, never the intention of using a phrase such as “shared parenting”, but I understand why a parent involved in litigation might interpret the words in such a way.

I thank all those involved, including the voluntary organisations, those in the family courts and, as I said earlier, Members from across the House and the other place who have worked extremely hard on this Bill. I commend the Minister who has done extremely well in leading on this important Bill. I for one look forward to this positive and progressive Bill being granted Royal Assent.

[Caroline Nokes (Romsey and Southampton North) (Con)]

As a member of the Bill Committee, I would like to comment on two amendments made by their lordships. The first could improve the Bill, but I have some reservations about the second. I thank my hon. Friend the Member for South Swindon (Mr Buckland) for reminding the House of the lengthy consultation period ahead of the Bill, which gave all interest groups the opportunity to contribute to both the Bill Committee and the Select Committee on Justice.

--- Later in debate ---

[Andrew Bridgen (North West Leicestershire) (Con)]

My hon. Friend is exceptionally well known for her commitment to improving the lives of children, especially those with special educational needs and those caught up in what can be the misery of separated parents. However, does she agree that the major part of the problem is the failure of the Children and Family Court Advisory and Support Service and the courts to intervene and take a genuine stand against obstructive parents who engage in parental alienation and prevent court order access, which damages both the relationship between, and the mental health of, the child and the non-resident parent?

[Caroline Nokes]

I thank my hon. Friend for that intervention. CAFCASS has an incredibly difficult job to do, but too often it fails to deal with issues such as parental alienation, and it is important that we consider the problem of poor enforcement of contact orders when non-resident parents are granted access but resident parents ignore them.

The current situation does not work, and both coalition partners gave commitments on several areas relating to family law reform. Some of those issues—mediation and dispute resolution, better enforcement of contact orders and, I hope, reform of court practices—will be genuinely improved by the Bill, but both coalition partners also gave clear commitments on the subject of shared parenting or shared contact. Indeed, my hon. Friend the Minister said that courts are seen as creating winners and losers, and it is vital that both parents feel confident that the court will consider fully the benefits of their involvement.

The Government have worked hard to strike the right balance, called for by groups such as Families Need Fathers, UK Family Law Reform and the Association for Shared Parenting. Clearly, the legislative intent of clause 11 was to bridge the gap between delivering tangible progress on shared parenting while ensuring the paramount need of the child’s welfare was preserved through a presumption in favour of shared contact, providing there was no good reason to oppose it.

I was elected on a promise to seek a legal presumption in favour of automatic shared contact, something that the Bill achieved before the amendment was added, but clause 11, as amended, will not deliver what we promised. I hope that the Minister will be able to reassure me on that point and confirm that I am incorrect in that. There is a whole library of research showing the benefits to a child of a proper, meaningful and ongoing relationship with the non-resident parent. If, as a society, we are genuinely interested in tackling the impact of family breakdown, we must start by encouraging and enabling non-resident parents to remain active in their children’s lives.

The amendment plays into the hands of obstructive resident parents who wish to prevent a child from having a meaningful, ongoing relationship with an absent parent, and puts us back into a situation of winners and losers. Some 10% to 20% of separations—often those that are the most rancorous and upsetting, and in which winners and losers are created—come before the courts. It is right that the court should be bound by the paramountcy principle, but the culture of shared parenting should be driven home, forcing hitherto hostile and oppositional parents to work together in the interests of their child.

I hope that the Minister can provide me with the reassurance I seek. Apart from that, I believe this to be an excellent Bill on which we have all worked long and hard. I support the rest of the clauses and the amendments, and thank him for his attention on these matters.

[Charlie Elphicke]

I, too, have a long history with the Bill, having served in Committee, and being here for its final Commons stage today. It has been a real privilege to watch a master class from my hon. Friend the Minister in how to pilot a Bill with great dignity, courtesy and endless quantities of patience.

I also wish to pay tribute to the shadow Minister, who is no longer in her place but performed her role in Committee with great aplomb. She has handed over to the hon. Member for Birmingham, Selly Oak (Steve McCabe), whom I pressed earlier on the subject of childminders. It has been a pleasure to serve on this landmark Bill, and it will also be a pleasure to see it brought into force.

I shall concentrate on one basic statistic. In 1986, the employment rate for mothers whose youngest child is under three was 25%. Today, it is 56% and rising. That matters because it says everything about how the world has changed. If so many more women are in work—more than half of all mothers with children under three—child care is instantly an issue. That is why I raised the issue of childminders. In my constituency, if a family is above the benefits threshold but cannot afford £10,000 or so a year for a nursery, it has a real problem. That is why childminders are so important for that intermediate child care and why I make the case for the need to consider people in that salary band. There is a lot of deprivation in my constituency, and many people in low-skilled, low-paid work are in that position.

It also means that, because both partners are in work, parental love, affection and child care have to be juggled. Involvement in the child’s life has been transformed in the past 25 years: fathers are more involved with their children. Both parents are more involved with their children than ever before because of social change. That is why I welcome the changes in the Bill that relate to parental leave. Shared parental leave is a recognition of how the world has changed so very much.

I have raised the issue of contact many times in this place: the rights of children to have access to their parents. I thank the shadow Minister for using that formulation, because it is very important. It is a damning statistic that, of the 3 million children who live apart from a parent, 1 million have no contact with a parent three years after separation. That is really tragic, particularly given the way the world has changed. One parent, who was heavily involved in a child’s upbringing, is suddenly no longer there at all. That is destabilising to the child. That is why, in times past, I brought in a Bill to this House to enforce contact properly and place a duty on all. The right is not the right of the parent, but the right of the child to know and have a relationship with both their parents: the right of the child to have access to their parents.

This massive social change over the past 25 years matters so much because not all our judiciary are young people living the lives of modern parents seeking to get by. Not all academics or our social work establishment are young and as aware as they could be in their daily lives of this particular situation. It is for that reason that I want to congratulate my hon. Friend the Member for Romsey and Southampton North (Caroline Nokes) on her passionate, heartfelt and deeply thoughtful speech. She is absolutely right in all she says. I congratulate my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) on taking up this case originally and putting it forward.

The statistic on the involvement of both parents in the life of their child is particularly relevant to clause 11, which states

“unless the contrary is shown, that involvement of that parent in the life of the child concerned will further the child’s welfare.”

I, too, share the concerns raised today that the amendment originally tabled by Baroness Butler-Sloss in the Lords Grand Committee risks watering that down. I recognise my hon. Friend the Minister’s assurances when he says that he is confident that the amendment does not alter the meaning of the clause or its intended effect. I hope that that will be reflected in the guidance issued to the family division, and that the family division will take note of that. It is really important that this principle is not ceded, particularly given that Baroness Butler-Sloss included not just the irrelevant issue of the division of a child’s time that resulted from the Norgrove report getting distracted by the Australian experience and the issue of the direct and indirect access.

It would not be right to have a situation in which the only contact for a parent who has been heavily involved in a child’s life is a phone call at Christmas, a book of photographs or the odd letter exchange. That does not constitute a right to know and a relationship with both parents. The right of children to have access to both their parents is essential. It matters because they may wish to turn one parent or to the other parent for mentorship, guidance, love and affection. We should enable that to happen. We should recognise that the world has changed.