Children's Wellbeing and Schools Bill (Third sitting)

Lizzi Collinge Excerpts

Committee stage
Thursday 23rd January 2025 Public Bill Committees

[Neil O’Brien (Harborough, Oadby and Wigston) (Con)]

It is a pleasure to serve under your chairmanship, Sir Christopher. As this is the first amendment on the first day of our line-by-line consideration, I will briefly say that although the Opposition have lots of serious questions about the second part of the Bill, there is much in part 1 of the Bill that we completely support.

In fact, a lot of the Bill builds on work that the last Government were doing. To quote the great 1980s philosopher Belinda Carlisle, we may find that

“We dream the same thing

We want the same thing”.

It may not always seem like that, because we are going to ask some questions, but they are all about improving the Bill. A lot of them are not our questions, but ones put to us by passionate experts and those who work with people in these difficult situations.

The relevant policy document sets out why it is so important to get this clause right. It highlights the number of serious case incidents, which was 405 last year, and the number of child deaths, which was 205—every single one a terrible tragedy. Around half of those deaths were of very young children, often under 2; they are physically the most vulnerable children, because they cannot get away.

Our amendment 18 seeks to make clause 1 work in practice. It reflects some, but not all, of the concerns that we heard in oral evidence on Tuesday from Jacky Tiotto, the chief executive of the Children and Family Court Advisory and Support Service. The clause states:

“Before a local authority in England makes an application for an order…the authority must offer a family group decision-making meeting”.

In general, those meetings are a good thing, and we all support them—the last Government supported them; the new Government support them. They are already in statutory guidance.

However, we have two or three nagging worries about what will happen when, as it were, we mandate a good thing. The first is about pace. As I said in the oral evidence session, I worry that once family group decision making becomes a legal process and right, people will use the courts to slow down decision making, and that local authorities will sometimes worry about fulfilling this new requirement—although the meetings are generally a good thing—when their absolute priority should be getting a child away from a dangerous family quickly.

A long time ago, when I used to work with people who were street homeless, I met a woman who was a very heavy heroin user and a prostitute. She was about to have—[Interruption.]

[Lizzi Collinge (Morecambe and Lunesdale) (Lab)]

Will the hon. Gentleman give way?

[Neil O’Brien]

I will give way; I have finally managed to get my train of thought in order again.

[Lizzi Collinge]

How common does the hon. Gentleman think the situation that he describes is across our constituencies? Does he accept our understanding of that situation? We see it ourselves in our constituencies and in our inboxes.

[Neil O’Brien]

I thank the hon. Member for the intervention. A lot of us will have seen such situations where there is not a minute to lose. To complete my sentence, the woman was about to have—I think—her third or fourth child. This is not to criticise her, but a child would not have been safe with her for a single minute. The priority has to be getting children away from people who are dangerous to them.

I worry about pace, and our amendment 18 makes the importance of pace clear. It would insert:

“Nothing in this section permits an extension to the 26-week limit for care proceedings in section 14(2)(ii) of the Children and Families Act 2014.”

I was struck by what the head of CAFCASS told us on Tuesday. She said that the Bill “probably could move” the requirement for the family group decision-making meeting

“down to the point at which there are formal child protection procedures starting so that the family can get to know what the concerns are, work with the child protection plan for longer, understand what the concerns are and demonstrate whether the protection can happen.”––[Official Report, Children's Wellbeing and Schools Public Bill Committee, 21 January 2025; c. 31, Q68.]

This is the bit of her evidence—she knows a lot more about this than I do—that struck me:

“if the Bill were to stay as drafted at the edge of care, I think there are risks for very young children, and babies in particular. The meetings will be difficult to set up. People will not turn up. They will be rescheduled”.––[Official Report, Children's Wellbeing and Schools Public Bill Committee, 21 January 2025; c. 31, Q68.]

She went on:

“For very young children when you are concerned, if they are still with the parents, which is sometimes the case, or even with a foster carer, you want permanent decisions quickly. That does not negate the need for the family to be involved. You can have it much earlier because you have been worried for a while at that point.”––[Official Report, Children's Wellbeing and Schools Bill Public Bill Committee, 21 January 2025; c. 31, Q70.]

Our amendment does not encompass all those concerns, but it does seek to ensure that this very sensible provision in clause 1 does not slow down measures to keep children safe.

Given that there we were told a few other things by CAFCASS, I should also be clear about what our amendment does not do. It does not address my concerns about people and families—indeed, extended families—using the move to primary legislation to bring about legal action, such as a judicial review, against the decisions of local authorities, or using lawfare or the threat of legal action against local authorities, perhaps to force their way into a room when most of the social workers and other people involved would much rather they were not there because they are inappropriate people. Protecting against that risk is legally much more complicated, which is why the Government have not tabled an amendment on that point.

Ministers may say that the legal worries are less than I am supposing, but will they agree to look at this issue? The last thing we want, once this goes from being guidance to being statute, is people saying, “I’ve got a right to this meeting. You didn’t have me in the meeting. I am going to challenge this decision,” and all that sort of stuff. Hopefully, there is no risk, but I would love to see Ministers consider that point.

Nor does our amendment address moving meetings earlier in the process. As drafted, the clause encourages LAs to put pretty much all their cases to a meeting at the pre-proceeding stage—it has to be done before it goes to court—but lots of the people we heard evidence from think it would be desirable to have the meetings earlier, before the case enters the much less consensual pre-court process. By the time the case gets to the pre-proceedings stage, it is normally pretty clear that it will be hard to reach an amicable solution.

As I said, these questions do not come from us, but from people who know more about the issues than I do. I would like Ministers to respond to the points made by various experts and official groups. The head of CAFCASS said on Tuesday that we should move the point at which the Bill applies to when a section 7 report is ordered. I was really struck by her saying that, because it would be quite a big change to the Bill. She was very specific, however, and she knows a lot about the issue. She said:

“One suggestion I would like to make on CAFCASS’s behalf is that family group decision making should be offered to families where the court has ordered a section 7 report—a welfare report that, if ordered to do so, the local authority has to produce for the court in respect of what it advises about where children should live and who they should spend time with. I think the opportunity for a family group decision-making meeting for those families is important.”––[Official Report, Children’s Wellbeing and Schools Public Bill Committee, 21 January 2025; c. 32, Q72.]

That is a big proposal, but it comes from someone with huge experience, who clearly has some real concerns. Will Ministers agree to take that away and consider it further as we make progress in Committee and in the Lords?

The head of CAFCASS made a second big proposal on Tuesday:

“The Bill tends to focus on those who are in public law proceedings. Two thirds of the children we work with are in private law proceedings, where there are family disputes about who children spend their time with and where they live. Very often, those children are in families where conflict is very intense. There are risks to them; there is domestic abuse. The Bill is silent on children in private law proceedings, and I think there is an opportunity for that to be different.”––[Official Report, Children's Wellbeing and Schools Public Bill Committee, 21 January 2025; c. 32, Q72.]

My second question to the Ministers is: have the Government reflected on that suggestion, and do they have any plans to respond? They might not be able to give us a full and final answer today, but what is their basic reaction to that?

Another expert made some significant and specific suggestions about the clause. Will the Government respond to concerns put forward in the written evidence from the Family Rights Group, a charity that helped to introduce family conferences, which were used in New Zealand, to the UK in the 1990s? It said:

“we are concerned that the family group decision making offer in the Bill is too ambiguous and state-led in the way it is framed, with the state determining how, who attends and even if it happens. Without strengthening the provisions, we fear in practice it will not deliver the Bill’s ambition, to ensure fair and effective opportunity across England for children and families to get the support they need to stay safely together.”

Essentially, it is worried that the form will be followed but the spirit will be lost. It goes on:

“We are already seeing evidence of local authorities claiming to use such approaches, including reference to ‘family-led decision making’ to describe meetings which are led by professionals and where family involvement is minimal. Without clear definition of terms, and a set of principles and standards for practice, it is likely that in many authorities, such meetings will be professionally-led, with the child and family engagement peripheral…If the legislation does not specify what is expected, we are also concerned approaches unsupported by evidence will proliferate.”