Family Justice (Transparency, Accountability and Cost of Living) Bill

Philip Davies Excerpts

Friday 26th October 2012 Commons Chamber

[John Hemming]

The hon. Lady is exactly right, and we almost endorse that by our laxness in protecting people with valid grievances.

[Philip Davies (Shipley) (Con)]

The hon. Gentleman, who raises some important issues, said that his Bill contained many clauses but that he was not particularly bothered which ones went forward. Why is energy efficiency part of the Bill? I do not know whether he was after the world record for a Bill with the widest scope, but what on earth does energy efficiency have to do with all these important issues?

[John Hemming]

It is about improving the quality of life for families, and it fits within the short and long title of the Bill. We are here to improve the quality of life for families. I think of the Longitude Act 1714, when Parliament took action to encourage innovation that produced all the work of the Royal Observatory. That is a good example of how Parliament can improve things. I do not think that anyone will disagree that reducing families’ energy bills will improve life for families, and that is what the Bill is about. I will come to that in more detail later, however.

[Philip Davies]

To help the hon. Gentleman, I was wondering whether it would be in his best interests to focus on what he felt was most important in the Bill, which presumably is the stuff he is talking about now, rather than spraying far more widely and possibly running into trouble in Committee and on Report.

[John Hemming]

I accept the hon. Gentleman’s point that on Report it might be quite challenging, because people might wish to stop the whole Bill in order to stop certain aspects of it, but that is a decision for later. As it stands, the Bill contains many useful clauses, all of which would achieve positive things for families and people in this country. I would like them all to progress on to the statute book, but I am realistic and will have to work with the Government. I will also need the House’s support on Report, because without that the Bill will not get on to the statute book. I have to be realistic about that. The clauses are in the Bill, however, because they are good clauses for families in this country.

I was talking about Hillsborough. The siren voices of Whitehall should not be listened to. Action is needed now. The Bill cannot progress after Second Reading without the Government’s support, so they should not fear its progressing beyond today. I am happy to work with them and to compromise in order to improve the lives of children and families, but we must start now.

The Bill has three parts, which at first sight might appear different but which all have an underlying philosophy centred on the word “justice”. The general theme and overall purpose of the Bill is to help ensure justice in three areas: in the family justice system, which includes the Court of Protection; in related areas where there are injustices that need to be dealt with; and for families who suffer the injustice of cold homes and fuel poverty.

Part 1 concerns the family justice system and the work of children’s services authorities and related matters. The interim report of the family justice panel found in 2011 that the system was not working and that it had identified much the same problems as the previous seven reviews of family justice carried out since 1989. The House of Commons Justice Committee reported on 14 July last year and spoke of its doubt about the current system’s ability to cope with future challenges. Both the Munro review of child protection published last May and the final report of the family justice review published last November highlighted the need for urgent reform. The latter said:

“We found general agreement with our diagnosis: a system that is not a system”.

A clause-by-clause explanation of the Bill will illustrate some of the improvements to the system that it seeks to make.

Clause 1 deals with the point at which most families will commence contact with the family justice system or their local children’s services authority. This will currently be at a case conference or, more accurately, a child protection conference—a meeting of professionals who decide what steps the local authority should take in respect of a child who might be deemed at risk. However, children, if old enough, and their families might be excluded from the meeting or might not see the reports being discussed, so decisions may be taken without their input. This means that the meeting will not have as much information as possible when making difficult decisions, such as to take children into care.

Another practice, called family group conferencing, is now developing. This approach involves the children, where old enough, the families and, where appropriate, the wider families, and it has widespread support in the social work and child care fields.

In evidence to the family justice review, the British Association of Social Workers said:

“Some aspects of the Public Law Outline have also helped to promote more positive engagement with families (i.e. there has been increased use of Family Group Conferences which can be very effective in empowering of families if used appropriately and practitioners have received the necessary training to equip them to undertake this work). These reach out to engage in a way that says to families, ‘you have the knowledge and expertise, we want to work with you to make things better for you and your family’. There should be increased roll-out of this approach. It requires very little adjustment in terms of skills, but it does require a different attitude/values set.”

Barnardo’s told the House of Commons Justice Committee inquiry into the operation of family courts that a

“better option”

is

“a requirement to have family group conferencing…our experience of one”

such service

“was that for 27 families for whom care proceedings were considered none of those children went into care.”

Page 93 of the Justice Committee’s report concluded:

“We were very impressed by the account of Family Group Conferences in Liverpool. It is a matter of regret that a service with an apparent 100% success rate is being cut back.”

Subsections (1) to (3) of clause 1, while not abolishing child protection conferences, as they may be deemed necessary at times, establishes as the norm the wholly different approach of a family group conference by requiring that families are offered such a facility. A family group conference is defined as

“a family-led decision-making meeting, convened by an independent co-ordinator…in which a plan for the child is made by the family, involving the child (if old enough), the parents, and potentially extended family members and friends which addresses any concerns about the child’s future safety and welfare”.

Subsection (2) then gives the family six weeks to come up with a family plan for the child, and this is submitted to the children’s services authority, which has to approve or disapprove it. In the latter situation, under subsection (3), the children’s services authority is required to “try to reach agreement” with the family on a revised plan. If this is not possible, the view of the children’s services authority will prevail, but pursuant to subsection (4) the child or the family can appeal that decision to the scrutiny committee of the local authority. This is in line with the view of the former children’s Minister, the hon. Member for East Worthing and Shoreham (Tim Loughton), who told the Education Select Committee on 12 June this year:

“This is particularly important when it comes to adoption proceedings and other forms of permanence, where…the consequences are far reaching. I am…conscious…as to what further safeguards we might…institute…a sort of appeals mechanism.”

Subsection (6) provides for emergencies by stating that the children’s services authority is not under an obligation to offer a family group conference

“in the event of emergency action being required to protect a child”.

Subsection (5) deals with the provision of information to children and families. Since 1999, Government practice guidelines for children’s authorities, entitled “Working Together”, state that

“the local authority has a responsibility to make sure children and adults have all the information they require to help them understand the processes that are followed when there are concerns about a child’s welfare.”

In practice, this may not be happening. According to page 5 of the Norgrove family justice review of November 2011:

“Children and adults are often confused about what is happening to them. The need to address this will rise.”

Page 4 of the Adoption UK response to the family justice review states:

“From the perspective of adopted families Adoption UK often hears of limited information and explanation being provided to families about what will be happening and why.”

Paragraph 2.26 of the Munro review of child protection states that families

“are confused…and they don’t understand the processes”.

Gingerbread’s evidence to the Justice Committee, reported under question 78, on 25 January 2011 was:

“We surveyed about 453 single parents…over half found the system dreadful and poor; about 73% find it difficult to navigate.”

The House of Commons Justice Committee investigated in some detail the need for guidance to be given, especially because of the increasing number of litigants in person. It reported the unanimous view of judges that this slowed things down, thus causing severe wastage of court time, and so concluded:

“This will require guidance to be developed to accommodate the challenges posed by a larger number of litigants in person.”

Subsection (5) of clause 1 deals with this matter by requiring:

“Any child or parents or other relatives of the child attending a Family Group Conference must be given in advance a publication explaining the childcare system and how it may affect them in the future and referred to an independent advice and advocacy organisation.”

We recognise that in these difficult times the cost implications are important, and in this regard, I draw attention to the words of the BASW quoted earlier:

“It requires very little adjustment in terms of skills, but it does require a different attitude/values set.’

As regards the staffing impact, the results of the family group conference approach, quoted by Barnardo’s, are also relevant: no children were taken into care, so less spending of money resulted.

The Munro inquiry highlighted a report from Oxfordshire county council children’s services authority:

“These types of evidence-based programmes are expensive to set up but there is increasing evidence that, by avoiding the need for looked after children to move to more intensive and expensive placements, they not only provide better outcomes for children and young people, but are cost effective…Collectively in Oxfordshire, these intensive programmes have contributed to lower than average numbers of Looked After Children and resulted in identifiable savings within the existing Children and Young People’s budget. They have helped to address general recruitment issues for foster carers, resulting in an 11 per cent rise in fostering. All types of carers (including foster carers and adopters), have reported improved levels of support, resulting in improved long term stability (67-75% in 2009/10), reduced adoption breakdowns and quantifiable savings in excess of £400,000.”