Grandparents' Rights: Access to Grandchildren

David Mackintosh Excerpts

Tuesday 25th April 2017 Westminster Hall

[David Mackintosh (Northampton South) (Con)]

I beg to move,

That this House has considered grandparents’ rights of access to children.

It is a pleasure to serve under your chairmanship, Mr Streeter. I am pleased to be able to bring this important debate to the House today, because the issue of grandparents being unable to access their grandchildren affects families right across the UK. I have received a significant amount of correspondence from my own constituents. They write to me after family breakdowns and changes in circumstances, seeking guidance on how to go about reaching out to their grandchildren or having legal access.

I adored all my grandparents from both my mum’s and my dad’s family and have fond memories of them from when I was growing up. It is a sad reflection on us that we have not managed properly to reflect in legislation the hugely important role that grandparents play in society. My own dad adores his grandchildren, Finley and Neve, and they adore him back, so whenever I am contacted by constituents, I naturally refer to my own family and simply cannot imagine how hard not having contact must be for everyone involved.

As many hon. Members will know, this is never a straightforward issue to resolve. Distance between grandparents and their grandchildren can come about in a number of ways: marital breakdown, bereavement and family disagreements, to name but a few. For the grandparents and the children from whom they are separated, it can be an incredibly distressing time. The issue has been discussed previously in the House in debates on private Members’ Bills, in Adjournment debates and, indeed, in conversations with colleagues on both sides of the House.

[Julian Knight (Solihull) (Con)]

I heartily congratulate my hon. Friend on raising this important issue in the House today. Like me, he has received many communications showing the real emotional turmoil that many grandparents feel when they are estranged from their grandchildren. Does he agree that it is always an error when, as is sometimes the case, grandchildren are used as weapons in messy divorces?

[David Mackintosh]

I am grateful to my hon. Friend for his intervention. I agree that this situation can be very distressing, and it is obviously wrong for children to be used as weapons by anyone, in any situation. It is very distressing for everyone involved. Often, with the constituents who come to see me, I see only their side, their version of events, and not that of the children involved, but I can tell from my own family that it would be very distressing for the grandchildren not to see their grandparents. This is an issue that does not go away and that does not have a simple solution, no matter how much I wish that there were one. In debates such as this, it is important to remember that the rights of the grandchildren matter as much as those of the grandparents. Children should be given the opportunity to visit their grandparents if they wish to do so.

I would like to use the opportunity provided by the debate to praise the charities and organisations that aim to help grandparents who have become estranged from their grandchildren, often through no fault of their own. One such charity is GranPart, which operates in my constituency of Northampton South and aims to help grandparents in the county with advice and services that allow them to try to reconnect with their grandchildren, or at least to share their experiences with others and share best practice in order that people can try to reconnect with their own families. I have attended the monthly meeting and listened to some of the distressing stories of how grandparents have ended up losing contact with their grandchildren. Sometimes that is because arguments have gone too far; sometimes it can be due to families separating; and sometimes people never really understand the reasons why.

Some people have written to me to suggest that the situation could be changed with a few minor amendments to the wording of the Children Act 1989. That primarily means adding in a reference to a child’s extended family as well as to their parents. That minor change could ensure that grandparents were given rights to see their grandchildren that were similar to the rights of any parent in order to help to secure the child’s welfare, and ensure that grandparents were not negatively impacted by any change to a child’s family situation. However, I can envisage situations in which that could lead to conflict. In most families, the primary responsibility for bringing up children lies with the parents, and I would not wish to see parental responsibility confused in any way by giving additional rights to grandparents that superseded the role of a parent or, as my hon. Friend the Member for Solihull (Julian Knight) said, that could be used as a weapon in any disagreement.

[Dr Matthew Offord (Hendon) (Con)]

My hon. Friend will recall that on 31 January my constituent, Lorraine Bushell, and the Hendon grandparents support group had a lobby day here in Parliament. One issue that they raised was not that grandparents should have a specific right to access to their grandchildren, but that the child should have a right, as in France, to have contact with their extended family.

[David Mackintosh]

I am grateful to my hon. Friend for his intervention. I do recall the event that was held here. I think that it was held in a room not far from this Chamber, and the room was packed to overflowing. Many hon. Members were present to lend their support to the campaign and to receive the advice and information on best practice that was offered on the day.

[Caroline Ansell (Eastbourne) (Con)]

My hon. Friend will be dismayed but not surprised to learn that at my last advice surgery I, too, saw grandparents who were suffering in this way. Their plea was for a change in thinking, a change in culture, because they had been advised that their only recourse was through the courts, and they did not want to put their grandchildren through that or to create further tensions within the family.

[David Mackintosh]

I am grateful to my hon. Friend for her intervention. I have had similar constituency surgeries, at which similar stories have been relayed to me. I am also grateful for the previous intervention, in which my hon. Friend the Member for Hendon (Dr Offord) talked about the law in France. That point should be considered, and I am sure that my right hon. and learned Friend the Minister will come to it when he responds to the debate. I understand that the law in England and Wales gives the family court the power to make various orders about children, including about with whom they can spend time. Grandparents would be required to seek the permission of the court before applying, but that would probably be allowed if deemed to be in the child’s best interests. Perhaps—this is an issue for the Minister to address—that could be reconsidered to give grandparents an automatic presumption for the family court.

When grandparents lose access, it can be even more difficult if they do not have any access to information about the children or know their whereabouts. In the same way as my hon. Friend the Member for Eastbourne (Caroline Ansell) described, a lady came to my surgery and told me that she did not know where her grandchildren were living or what they looked like any more and she had no access to information about them. She would have loved to have had contact with her grandchildren, but it also kept her very worried that she did not have any information about them and did not even know whether they were safe and being looked after. In that situation, I was able to write to Northamptonshire County Council and say that if any information was able to be passed on, I would be able to do that. It replied simply that the children were safe.

There are sometimes obvious safeguarding reasons why information cannot be shared, but I think that the matter could be looked at again to see how the law can ensure safeguarding while also allowing grandparents to have basic information about their grandchildren just to reassure them that they are safe and well. I hope that, after the election, the issue of grandparents’ access to children can be taken forward by working together to ensure that the voice of grandparents, too, is taken into account when working with families. I will now draw my comments to an end. I look forward to hearing from other hon. Members and from the Minister.

--- Later in debate ---

[David Mackintosh]

Thank you, Mr Streeter. I will be brief. I thank the Minister for his response and all hon. Members who have taken part. I know that my constituents who have experience of this type of separation from their grandchildren and are watching the debate will be grateful that the matter has been talked about here in Parliament and will look forward to the Green Paper process hopefully continuing in the autumn.

Question put and agreed to.

Resolved,

That this House has considered grandparents’ rights of access to children.