Children: Care

Lord Elystan-Morgan Excerpts

Wednesday 24th November 2010 Lords Chamber

[Lord Hill of Oareford]

All those points are very well made. I will follow them up with my honourable friend Mr Loughton to make sure that the force of those points is properly reflected in the department.

[Lord Elystan-Morgan]

Does the Minister accept that the Children Act 1989, to which he has already made reference, is perfectly adequate and fair in dealing with these situations? Even where the natural parent or parents of a child have let that child down badly by placing the child in jeopardy, nevertheless, no family court—whether it be the High Court, the county court or the magistrates’ court exercising that jurisdiction—should take away that child from another member of the family who is prepared and willing to take on that responsibility.

[Lord Hill of Oareford]

My Lords, I think that the Act makes clear that the priority in making those decisions is that a child should stay with the family or with a suitable family member. No one wants to get into the situation whereby there is a presumption that a child should be taken from the family into care. Everyone would want the child to remain with the family or a member of the family as long as the child is not at risk.