Access Rights to Grandparents

Lucy Frazer Excerpts

Wednesday 2nd May 2018 Westminster Hall

[The Parliamentary Under-Secretary of State for Justice (Lucy Frazer)]

It is a pleasure to serve under your chairmanship, Sir Christopher. I congratulate my hon. Friend the Member for Mid Worcestershire (Nigel Huddleston) on securing the debate and continuing to highlight this really important issue.

Grandparents play a significant role in family life. There is something special about the bond between a grandparent and a grandchild. The loving relationship that is formed often enriches family life. Grandparents provide stability when it is needed. They can give a sense of history and show how important it is to belong to a family. They can give familial support when it is needed, such as when it is difficult for more immediate family members to be called upon. My grandparents—in particular my grandmother—taught me many things. She passed on her values.

I, too, recognise the work of Marc and Jane Jackson from the Bristol Grandparents Support Group and of Dame Esther Rantzen. As my hon. Friend mentioned, I had the opportunity to listen to their points on this issue at a meeting he arranged with my predecessor when I was Parliamentary Private Secretary to the former Justice Secretary.

Hon. Members have made important and powerful points during the debate, and many have written to me about this subject. My hon. Friend the Member for Charnwood (Edward Argar) pointed out that grandparents often support grandchildren when there is family breakdown. The hon. Member for Stroud (Dr Drew) said that time is not a healer. In his impassioned speech, the hon. Member for Bristol North West (Darren Jones) described the grief of his constituent, whom I met, and the work that that family has done to support so many other people. The hon. Member for Strangford (Jim Shannon) reminded us of the precious moments that he has had as a grandparent and that grandparents can have with their grandchildren.

My hon. Friends the Members for Milton Keynes South (Iain Stewart) and for Northampton South (Andrew Lewer) mentioned the great work that has been done by a support group in their constituencies. My hon. Friends the Members for Berwickshire, Roxburgh and Selkirk (John Lamont) and for Aberdeen South (Ross Thomson) and the hon. Member for Glasgow East (David Linden) reminded us that other jurisdictions are grappling with this important issue. My hon. Friend the Member for Hendon (Dr Offord) reminded us that the law in France has already moved on.

My hon. Friend the Member for Mid Worcestershire told us some terrible stories about the effect on grandparents of an inability to see their grandchildren. He quoted grandparents and grandchildren directly, not only underlining how important the issue is but giving them a powerful voice in this debate. I commend him for doing so. He made an important point that children are the innocent victims in family breakdown, and that the best interests of the child must always come first, which my hon. Friend the Member for Hendon reinforced. My hon. Friends were right to emphasise that point. Children are at the heart of our family laws and our family justice system.

My hon. Friend the Member for Mid Worcestershire recognised and made clear the fact that there is a legal route for a grandparent to gain contact with their grandchildren. Under the current legislation, a family court can make a child arrangements order to determine who a child can live with, spend time with or otherwise have contact with. Some 2,000 grandparents go down that route every year. Let me describe how it works. A child arrangements order can provide for face-to-face contact—long visits and short visits, including overnight stays if appropriate. If necessary, it can also provide for contact to be made by other means, such as email, telephone or letter. The court has flexibility when considering whether to make a child arrangements order and, if so, on what terms.

Whether the court orders that a grandparent or other family member should have involvement in a child’s life depends on a number of factors. One or both parents may oppose such involvement. The Children and Family Court Advisory and Support Service may be asked to provide a welfare report on the beneficial impact of the involvement of a grandparent or other family member, and any risk of harm from ongoing parental opposition to such involvement and exposure of the child to ongoing conflict. That report can also include the wishes and feelings of the child. As I said, the welfare of the child is the paramount consideration at all times.

Given the dreadful stories we have heard about the impact of this issue on people’s lives, it is clear that the system could work better, and I am keen to look into how we can improve it.

[Michael Tomlinson]

We are fortunate indeed that the Minister has a good deal more time than Ministers normally have to respond, so I would welcome a lengthy response. The system she has outlined—the legal system of going to court—is complex and heart-wrenching. People should not have to go through that. Will she directly address the point my hon. Friend the Member for Mid Worcestershire (Nigel Huddleston) made about a presumption, which we hope would avoid the need for people to go to court in the first place?

[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.

[Edward Argar]

The Minister is rightly highlighting the importance of the child being at the centre. She also said that she is willing to look at some issues again to avoid the involvement of expensive lawyers—I pay all due respect to lawyers; she is a distinguished lawyer herself. However, will she indicate when we might see some of those proposals and ideas come forward from the Ministry?

[Lucy Frazer]

As a new Minister, I am looking afresh at a number of issues. This point, which has been raised by many people, is one of a number of family justice measures the Department is looking at—this morning I had a meeting on another family justice issue of concern. We are looking at these matters very closely. The challenge is that one size does not necessarily fit all. These are important issues but, as I mentioned, we must also look at the out-of-court settlement procedure. I will look at this issue carefully, working with the Department for Education.

My hon. Friend the Member for Mid Worcestershire said at the end of his speech that he wanted to raise awareness. He has done that in the past, and he has certainly done so by calling the debate today. I commend him for his campaigning efforts, and I am grateful to him for giving me the opportunity to respond to this important debate on behalf of the Ministry of Justice. Finally, I send Marc and Jane Jackson every best wish on reuniting with their first granddaughter.