A Failure of Implementation (Children and Families Act 2014 Committee Report)

Lord Bishop of Durham Excerpts

Wednesday 6th September 2023 Grand Committee

[The Lord Bishop of Durham]

My Lords, I thank the noble Baroness, Lady Tyler, for securing this debate, and the whole Children and Families Act Committee for its work on this excellent report and for highlighting all the issues.

Our experiences of childhood and family life shape who we are and who we become. When children and families flourish, society flourishes. This is not a new understanding: in the little we hear of Jesus as a child, the gospel writer Luke highlights how he grew physically, socially, intellectually and spiritually. His childhood shaped his adult ministry.

The Children and Families Act was a remarkable piece of legislation, taking huge steps to improve the lives of children and their families. However, I regret that I have to agree with this report that the promising policy changes that the Act was intended to make have not been implemented as all of us had hoped. This failure of implementation illustrates the vital need for post-legislative scrutiny. Eight years is too long to wait for post-legislative scrutiny of any Act, but the failure to produce scrutiny of the implementation of an Act directly impacting the lives of children has particularly striking consequences.

Eight years is a significant proportion of one’s childhood, and the experience of a child in those formative years has a lifelong impact. Indeed, all the research shows that the first 1,000 days are utterly critical for a child’s lifelong chances. Eight years is almost exactly three such generations of children. We must ensure that the policies we debate in this House are not simply words and fantastical ideals but become reality. I therefore support the recommendation from the committee that the Government produce a detailed plan for post-legislative scrutiny when an Act reaches Royal Assent. I ask the Minister why the government response disagreed.

As a co-chair of the Archbishops’ Commission on Families and Households, I cannot speak in this debate without mentioning the report of the commission’s findings, published earlier this year, entitled Love Matters. The members of the commission spent two years meeting and listening to children, young people and adults and came to the main conclusion that loving relationships are crucial to human flourishing and must be supported. However, when loving relationships break down and a couple decide to separate, the priority must become minimising harm, particularly to any children involved. Parental conflict and the process of separation can have a long-term detrimental impact on a child. It impacts their schoolwork, their friendships, their mental health and their overall well-being. Children must be prioritised throughout the separation and any court proceedings.

The report welcomes the more recent introduction of the no-fault divorce policy under the Divorce, Dissolution and Separation Act allowing parents to separate from one other without one party being blamed. This policy better serves the interests of children through reducing hostility and minimising the conflict between parents. Nevertheless, more changes in this area are required. The current delays within the family justice system are far too long. Few private law cases adhere to the 26-week limit for completing proceedings, and are instead—the noble Baroness, Lady Tyler, mentioned this—averaging 46 weeks to reach closure. I understand that in public cases, it is even longer. Children need stability and consistency, and delayed court proceedings are detrimental to this. There is no simple solution, of course, but I again echo the recommendations that the committee present in its report. There is a need for greater resourcing of the family courts and a detailed plan from the Government with the steps that they are going to take to address these delays.

For children to be at the heart of the family courts, they must of course be involved in the proceedings. Children need to be given the opportunity to speak, or express themselves in other ways when words are difficult. They need to be listened to and to be made aware of any decisions impacting them. There are, of course, plenty of examples of good practice already, but it is just not consistent enough. Children have a greater understanding of their situations than we tend to think, and they are often the ones best placed to propose and make decisions which put their interests truly first. Listening to children within the courts can actually also speed up proceedings, further minimising delays.

I urge the Government to ensure that more advice and signposting for support are available for those going through family court proceedings. An easily accessible website that provides information and advice should be made available to parents, alongside the Separated Parents Information Programme being made freely available at the beginning of the 20-week waiting period before the start of divorce proceedings. This would enable parents to better understand how to better prioritise the needs of their children while navigating the family justice system.

I note here that yesterday I had the privilege, with the co-chair of the Archbishops’ commission, of meeting some of those involved with family justice system policy in the MoJ. I thank the noble and learned Lord, Lord Bellamy, who is here, for enabling that to happen. I was encouraged by their willingness to discuss these issues and co-operate in finding solutions. Here I will offer a word of comfort to the noble Lord, Lord Bach: from those conversations yesterday I got no hint that any firm decision on mediation had been made, and I believe the officials were being very open and honest with us.

I also concur with the noble Lord, Lord Farmer, that early support for families is utterly essential. If widely available, I believe the demands on the courts would actually be reduced and more families helped to move through their challenges healthily.

I want to take a moment to highlight the work of the Parents Promise, an initiative encouraging parents to make a positive commitment to putting the needs of their child first in the event of a separation or divorce. It has a particular HR initiative, which some of the UK’s major companies have already begun to sign up to. It calls for businesses to better support their employees through recognising separation as a “life event”, thereby allowing them access to more flexible working and pointing them towards counselling and support services. This initiative encourages parents going through separation to do so in a more compassionate and child-focused way. Can the Minister say whether the Government intend to support such an initiative as the Parents Promise?

As children and families are at the foundation of our society, it is vital that they are at the foundation of our policies. The introduction of the family test in 2014 was a step in that direction, but it is time for it to be seriously reviewed. For the test to be most effective, there must be transparency. I therefore ask the Minister: when will the Government introduce a requirement for each department to complete and publish their assessments under the family test?

However, the family test alone does not go far enough to ensure that children and families truly are at the heart of all policies. As highlighted in the report, the Children’s Commissioner does a very valuable job; indeed, that is true of the Children’s Commissioners in each nation. However, they are not enough on their own. I strongly believe that a Cabinet-level position is needed, responsible for examining all departmental policies to ensure that they do not hinder the flourishing of children and families. I highlight that the Treasury is most in need of this. Regular change of responsibility at a junior Minister level shows little commitment and lack of serious consideration for the impact that legislation and policy have on the lives of children. The same is true for Cabinet-level positions. For effective and lasting positive change to be made, consistent leadership, as well as adequate funding, is required. It is time that the revolving door of Ministers comes to a stop, that implementing policies is taken seriously, and that children and families are put at the heart and foundation of the decisions we make.

To conclude, Jesus was very sharp with his listeners when it came to the treatment of children. They are to be treated as those to whom God’s kingdom belongs. They are to be kept from harm. Healthy families are critical to the well-being of children. So, when we have good legislation that helps to enact this, it is vital that we uphold and use it rather than fail to do so.