Access Rights to Grandparents

Debate between Nigel Huddleston and John Lamont

Wednesday 2nd May 2018 Westminster Hall

[Nigel Huddleston]

My hon. Friend makes a valid point. I have received volumes of precisely those sorts of comment in the emails sent to me over the past few weeks. It is a compelling point.

Large numbers of children in family breakdowns are left very sad and confused about the sudden loss of contact with their grandparents, which in many cases goes completely and utterly unexplained. The children are then left feeling that they have been unloved by their grandparents or believe that their grandparents simply did not want to see them anymore.

One grandson who was denied contact with his grandparents from the age of 10 said to me,

“as a child, you are powerless to insist that you see your grandparents, however much you may want to. I feel a sense of deep loss, guilt and regret. I truly hope that my grandparents still knew of our love for them, and that we were powerless to do anything.”

Another grandchild referred to their parents’ decision to sever ties with his grandparents after a family disagreement as “an abuse of power”. While grandparents may have friends, partners and support groups to turn to and lean on, young children, as my hon. Friend has said, are often left to deal with the emotional toll of the separation from their grandparents by themselves. The situation undoubtedly also has an impact on the family dynamic and the relationship between the children and their parents.

[John Lamont (Berwickshire, Roxburgh and Selkirk) (Con)]

My hon. Friend is speaking passionately. My constituent, Issy Shillinglaw from Tweedbank, has been campaigning outside the Scottish Parliament for many years, every single week, for the law in Scotland to be changed. Does my hon. Friend recognise that the same issue exists in Scotland and that there is also a jurisdictional issue? Sometimes parents move south or north of the border and there is that extra challenge in ensuring access is achieved in different parts of the United Kingdom.

[Nigel Huddleston]

I am pleased that my hon. Friend has raised that point. I focus today on English and Welsh law, but the laws are very similar in Scotland and Northern Ireland. I know that campaigning groups have been set up to argue the same case as we are making in England and Wales. The jurisdiction element causes great confusion, which I hope the Minister will also address.

I have heard horrendous stories about children being put up for adoption despite the grandparents wanting to care for them. They cannot, however, afford the legal costs to pursue the issue through the courts, which I will come on to in a minute. There are cases where grandparents are denied access to their grandchildren for perfectly legitimate reasons and in the best interests of the child, and I am not seeking to block that. Safeguarding children should be paramount. As the Prime Minister said when I raised this issue in Prime Minister’s questions,

“when making a decision about a child’s future, the first consideration must be their welfare”.

She also stated that

“grandparents...play an important role in the lives of their grandchildren.”—[Official Report, 22 November 2017; Vol. 631, c. 1035.]

With this debate, I am trying to draw attention to the growing number of cases where grandparents are denied access to their grandchildren for apparently little or no legitimate reason.

I have focused on the impact of family breakdown on the grandchildren. I turn now to how the breakdown of relationships can impact on the grandparents. As I said earlier, some of the grandparents who have contacted me have said that being cut off from their grandchildren is like a living bereavement. One grandparent poignantly said that the grief does not have

“the closure or finality of death”.