Access Rights to Grandparents

Jim Shannon Excerpts

Wednesday 2nd May 2018 Westminster Hall

[Jim Shannon (Strangford) (DUP)]

I congratulate the hon. Member for Mid Worcestershire (Nigel Huddleston) on securing the debate. We talked about it last Thursday, when we were away with the armed forces parliamentary scheme. When I heard what he was planning to say, I mentioned that I was keen to come along and support him. I have constituents who think the same as he does, which is why I am here: first, to support him and, secondly, to look to the Minister for her thoughts on how we can make things happen.

The issue is close to my heart. I am thankful for a wonderful daughter-in-law who allows me to bring my grandchildren to church and Sunday school, to tag along at family dinners when time permits and, with my wife, to enjoy family holidays with them. Such occasions with children and grandchildren are always precious, whenever they may be.

Looking to the past, I find that my sons always had a great advocate not only in their mother, who is truly a warrior mum, but in their grandparents, who simply adored them. No breakage in my grandmother or my mother’s house, even of special china or collectibles, was so bad. If it was my children who broke them, their grandparents would said, “Don’t worry about that”—it was not the same when I was young, but that is by the way. Even when it came to writing on the wall, it was never vandalism but artwork, and not a word was said, other than, “That’s all right.”

I was often amazed that the parents who believed firmly in the “spare the rod and spoil the child” doctrine when it came to raising me and my brothers and sister were suddenly converted to saying, “It’s better they are spirited,” or, “There’s no harm in them,” or, my personal favourite, “You’re far too hard on them.” That was grandparents; they see things that wee bit differently. Words that were never applied to me found a home when it came to the boys, and now to the great-grandchildren.

Why is that? It is because the job of a grandparent is to love, to love some more and to love some more again. Hon. Members have referred to that in their contributions. I heartily support what they have said, and what others will say after me—I am conscious that others wish to speak, so I shall not go on for too much longer.

Discipline is for the parents; joy is for grandparents. As a grandparent now, I probably see that better than ever. For that reason, my heart aches when I think of the more than 20 decisions a day being made under the children order behind closed doors in courts in Northern Ireland. It grieves me greatly to see what is happening. Rather than mediation, under legislation in Northern Ireland families battle their way through the courts for access to children and grandchildren. An analysis of data from the family proceedings courts, the family care centres and the High Court found that 10,206 contact and residence orders had been made over the past three judicial years. Those orders can relate to more than one child. That is what is happening in Northern Ireland.

We have that system, which I wanted to speak about if I could in a short time. By comparison, Family Mediation NI, the largest provider of pre-court family mediation in Northern Ireland, received Government funding over the same period to assist only 750 families. That is just scraping at the edge of things. I understand that the Minister has no responsibility for the issue in Northern Ireland, but I wanted to give a Northern Ireland perspective in the debate, because it ties in with what the hon. Member for Mid Worcestershire and others have said, and includes Scotland and Wales—throughout the United Kingdom. It is important to put that on the record.

There is no automatic right to apply for visitation for a grandparent, and that must change. We need to legislate to ensure that grandparents have their right to see and sow in the life of their grandchild, which is why I wholeheartedly support the hon. Member for Mid Worcestershire and the themes and thoughts raised by other Members in speeches and interventions. I spoke on this issue the last time it came to the Floor—perhaps he secured the previous debate too—and I was later contacted by a lady who was not my constituent but had heard the debate. She thanked me for speaking out on her behalf as a grandparent. She was being denied access solely because of an argument between her son and his former spouse; it had nothing whatsoever to do with her or her family.

In conclusion, as a grandparent and someone who could not imagine life without my grandchildren, I ask the Minister to take the issue into consideration and to take the steps to make the changes necessary to allow grandparents basic rights to family life and love. That is all such people ask for: the chance to love their own flesh and blood, and not to be caught in the middle of a conflict that has absolutely nothing to do with them yet so deeply and irrevocably affects them.

--- Later in debate ---

[Lucy Frazer]

As always, my hon. Friend makes an important point that he expects me deal with, and I was just about to come to that. He made a very important point about out-of-court procedures. We need to look at the expensive and difficult court procedure, which sometimes increases conflict. That is not just the case when grandparents apply to court; in family law as a whole, courts can provide resolution for people who really need it but also increase conflict, particularly in family situations.

[Jim Shannon]

In my contribution I referred to Family Mediation NI, which has the specific task of trying to sort things out before they get to court. It was clear to me from a Northern Ireland perspective that had more money been available to it, many of those cases would have been sorted out beforehand and would never have got to court—I think that is what the hon. Member for Mid Worcestershire was saying. If we can get to the point where we can try to mediate and solve problems rather than get into litigation, with all the nastiness that brings, that is where we want to be.

[Lucy Frazer]

The hon. Gentleman is right. It is critical that we solve these issues early on, before they get to court. We are reviewing legal aid generally, but legal aid can be available for mediation for early legal help. In that context, there is a fees remission scheme in relation to the application to court where the threshold is higher for people over 60. However, would it not be better if people did not go to court at all?

A number of issues have been raised and ideas put forward about how we can improve the system. One, which was raised by my hon. Friend the Member for Mid Worcestershire and by the hon. Member for Ashfield (Gloria De Piero), was about the fact that grandparents have to apply for leave. Some people see that as an additional hurdle, but experience shows that grandparents do not usually experience any difficulty in obtaining permission when their application is motivated by a genuine concern for the interests of the child. That is because a person can seek the court’s permission at the same time as they make their substantive application simply by ticking the box on the relevant form, and there is no need to pay a separate fee. That can be part and parcel of the hearing.

The leave requirement is not designed to be an obstacle to grandparents or other family members; it is meant to be a filter to sift out applications that are clearly not in a child’s best interests, such as vexatious applications aimed at undermining one of the parents involved in a dispute over the child or continuing parental conflict. Leave was examined as part of the independent family justice review led by David Norgrove, which in its final report, published in November 2011, recommended that the requirement for grandparents to apply for leave should remain as it is because it

“prevents hopeless or vexatious applications that are not in the interests of the child.”

My hon. Friend the Member for Mid Worcestershire also identified the fact that it was unfortunate that sometimes children were placed for adoption, despite the fact that a grandparent might be willing to care for them. Grandparents can apply for special guardianship orders, and the local authority should give preference to placing a child with a family member. He also identified, as picked up by my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton), that there should be a change in the law in relation to presumption. We can look at that. He identified, and it is important to recognise, that some people think that elevates the grandparent’s involvement into a right, whereas, as I have identified, the family justice system puts the child, not the grandparent, at the heart of its consideration. As he accepts, there may be some unintended consequences that we will have to look into.