Access Rights to Grandparents

Michael Tomlinson Excerpts

Wednesday 2nd May 2018 Westminster Hall

[Nigel Huddleston]

I thank my hon. Friend for making that point. That is a good precedent. Changing the law also changes the culture so that deliberately restricting the access of one family member to another becomes socially unacceptable. The legal change that France has already pursued is very important, as is the social tone that comes with it. That is a very important point.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

I, too, am very grateful to my hon. Friend for securing this debate. It is clear from the number of hon. Members here to support him that this issue affects not just his constituents but the constituents of every single Member of Parliament. He mentioned the law. Going through a court process is painful, time-consuming and costly. Will his proposal ensure that families will not have to go through that painful and costly procedure?

[Nigel Huddleston]

I thank my hon. Friend for making that important point. One of the important considerations is the need to ensure that children’s welfare is paramount. Some kind of court action is probably required, but we can make it a hell of a lot easier. I am calling for an amendment to section 1(2A) of the Children Act to provide for the court to presume that the involvement of a grandparent in the life of the child concerned will further the child’s welfare, unless the contrary is shown. It is important to note the phraseology. That kind of amendment would not grant grandparents the right to involvement in the child’s life if a case be made that it would bring harm to the child in question.

--- Later in debate ---

[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.