Children’s Wellbeing and Schools Bill

Lord Hampton Excerpts

Tuesday 20th May 2025 Lords Chamber

[Baroness Lister of Burtersett (Lab)]

My Lords, I will be very brief indeed. I just remind noble Lords that in considering the first amendment, which went on rather a long time, the noble Baroness, Lady Finlay, who is not in her place, talked about children’s rights being the “golden spine running through” the Bill, but that is not explicit in the Bill. Amendment 14, so ably introduced by the noble Baroness, Lady Walmsley, is a very good example of how we could be promoting children’s rights much more explicitly in the Bill.

I very much support the amendments. I will be introducing amendments myself at the very end—if anyone is still standing at that point. I had hoped to do it at the beginning. The more we can come back to this thread of children’s rights throughout the Bill, the better. I hope noble Lords will realise the importance of the amendments on children’s rights, which will be introduced at the end of the Bill.

[Lord Hampton (CB)]

My Lords, I will speak very briefly to Amendment 8, to which I have added my name. In this, I declare that I am one of the school of qualified teachers in this Chamber. I am also a kinship carer of twin 13-year-olds.

This is a very small but important amendment. As we have heard, the Bill attaches great importance to family decision-making. I recently had a cup of tea with my noble friend Lord Laming to ask his advice about the Bill. Sadly, he is unable to take part, but if there is one person in the House who is an absolute expert in this field, it is he. His concern—which I share, having been in decision meetings that have gone wrong—is that a badly handled meeting can do more harm than good. The wrong timing of a meeting, the participants not realising the aims or bad chairing can lead to a breakdown of trust and irreparable harm being done to a child’s future. This amendment goes a long way to making sure that the importance of an FGDM meeting is acknowledged, with the fact that it can be facilitated only by an independent, suitably trained person, and I urge the Government to accept it.

[The Earl of Effingham (Con)]

My Lords, I will speak to Amendment 3 in the name of the noble Baroness, Lady Stedman-Scott, which I have co-signed.

Family group conferencing was born out of the Children, Young Persons, and Their Families Act 1989 in New Zealand, whereby families became key participants in a process of decision-making. Family group conferences are now used in approximately 30 countries worldwide and in at least 22 countries in Europe. Indeed, research has shown that children whose families were referred to a family group conferencing at the pre-proceedings stage were significantly less likely to be in care 12 months later than those whose families were not so referred. This should not be a surprise to your Lordships, as such preparation and discussions offer a compelling opportunity for families to come together and unite around important decisions for their child, which has the benefit of making that child feel loved and wanted, as well as the ability to address with professionals any glaring gaps in the child’s well-being.

Amendment 3 is a simple amendment that seeks to extend the right to family group decision-making meetings to children aged 16 and 17. It is surely important that we allow children who are on the brink of adulthood to take part in decisions that could materially affect their lives. That would appear to be eminently sensible. At the age of 16, a child can agree to their own care plan, so by that very same logic it is fair and reasonable that they are involved in the family group decision-making process. This is a family-led process and is absolutely essential in keeping children with their families where possible. We should be avoiding at all costs children going into care; that should be the absolute last resort. So, allowing 16 and 17 year-olds to share their voice and their opinions would ensure that this process is as child-focused and effective as it can be. It is essential that family group decision-making is done right, and ensuring that older children are able to contribute would be an extremely positive step in that direction.

I am very pleased to see that I believe this sentiment is shared by the noble Baronesses, Lady Armstrong, Lady Longfield and Lady Drake, with the amendment tabled in their names. Proposed new subsection (7A)(c) in their Amendment 12 seeks to achieve what the noble Baroness, Lady Stedman-Scott, and I are aiming for, and we very much hope there will be cross-party support from other noble Lords on this important foundation stone.

Amendments 7, 8, 9, 10 and 11, in the name of the noble Baroness, Lady Armstrong, seek to set out key principles when implementing the family group decision-making process. Amendment 7 seeks to ensure that there is a process that accompanies these meetings. It is important that they are not isolated events but that instead the process is child-led and includes the family throughout.

Amendment 8 is similar in spirit to Amendment 5, in the name of the noble Baroness, Lady Barran, which will be debated later, so I shall only briefly touch on the issues, but we absolutely agree with the noble Baroness, Lady Armstrong, that a trained co-ordinator would prove an excellent addition to the family group decision-making team.

Amendment 9 rightly notes that an essential part of a proposal regarding concerns about a child’s welfare is the implementation of the proposal so that the best outcomes for that child can be put in place.

Amendments 10 and 11 seek to ensure that the parents or those with parental responsibility for the child, rather than the local authority, agree as to who may attend the family group decision-making meeting. It is important that those who know the child ensure that the relevant voices are heard.

Amendment 19 in the name of the noble Baroness, Lady Barran, with its proposed new clause after Clause 1, aims to ensure that there is proper oversight of the child protection plan if a child under the age of five is subject to care proceedings. It is of critical importance that the matter of the child having been significantly harmed or being at risk of the same is kept in view given the general length of proceedings and the risk of harm during them. Many local authorities discharge the child protection plan and associated formal processes when the proceedings are issued; the child’s care also often moves to the court social work team. Many of these children are living with the parents where the harm, or risk of it, is happening, and this is why they must be protected during proceedings, which run on average for 52 weeks. Their protection and arrangements for formal monitoring must be maintained at all costs. Indeed, the risk to the child might actually be raised during proceedings given the pressure on their parent or parents.

We acknowledge that this amendment has a potentially arbitrary cut-off, but it does cover preschool-age children, who all too often have been the subject of serious case incidents, when the tragedy of a child losing their life or being seriously harmed has occurred. This amendment aims to be the grit in the system that ensures that a senior, fresh pair of eyes looks at such cases to ensure that a child protection plan is not ceased without their approval.

Regarding specific amendments concerning child attendance at these meetings, set out in Amendments 13 and 14, we regret that we do not support proposals that would permit children to attend these meetings. Of course, as we have heard from the noble and learned Baroness, Lady Butler-Sloss, and the noble Baroness, Lady Longfield, the voice of the child is crucially important, but we are concerned that the attendance by the child could potentially be traumatising, create a sense of rejection and constrain necessary conversation. This must be child-centric and the child must be heard, but possibly not in these meetings.

Amendment 18 in the name of my noble friend Lord Farmer seeks to ensure that the changing needs of the child are considered throughout childhood. It is important to recognise the changing family landscape and, as such, this amendment is a sensible one as the “family network” may be able to support the child. If that is possible, the local authority should take action so that the child can benefit from such support as and when it becomes possible.

In conclusion, family group decision-making has tremendous potential to transform outcomes for vulnerable children, but only if we achieve the scope and implementation correctly. We urge careful consideration of these amendments to ensure that this promising approach will deliver on its full potential.