Children and Families Bill

Debate between Tim Loughton and Stephen Twigg

Monday 25th February 2013 Commons Chamber

[Stephen Twigg]

I thank my hon. Friend for her intervention. She anticipates my next point, as I was about to say exactly what she just said. Research by the BBC estimates that there are up to 700,000 young carers in this country, and we believe the Government should use the opportunity of this Bill to improve the identification, assessment and support given to young carers. As she reminded the House, the draft Care and Support Bill will give greater rights to adult carers, but support for young carers surely could and should be clarified and strengthened at the same time.

Ministers plan to write a presumption of “parental involvement” into the Children Act 1989. Labour strongly supports the principle that both parents should be involved in a child’s life, unless that compromises the child’s safety or welfare. However, we believe it is wrong to dilute the principle that the child’s best interests should always come first. Both the Select Committee on Education and David Norgrove have expressed significant concerns about the proposal.

The Select Committee on Justice, whose Chairman is in his place, has expressed a number of concerns, and I shall set them out. The first is that the Bill would not achieve its objectives in regard to shared parenting and that there is no evidence of a bias in the courts currently. The second is that the Bill could have a negative impact on the paramountcy principle, which states that when a court determines any question with respect to the upbringing of a child, the child’s welfare shall be paramount. The third is that the Bill will lead to misunderstandings about the right to particular amounts of time for parental contact because of the use of the word “involvement” without any definition and because of the use of presumption. A similar measure in Australia created an expectation that shared parenting meant equal time and led to courts becoming more clogged up as parents challenged decisions made on the basis of a child’s best interests, thus turning relatively straightforward decisions into lengthy conflicts.

[Tim Loughton (East Worthing and Shoreham) (Con)]

Does the shadow Secretary of State not acknowledge that what was proposed and became law in Australia was very different from what is being proposed here? Anything that can, in any way, be interpreted as meaning equality of time would not work. That is why the wording in the Bill, which has taken a lot of work and effort, is absolutely not a presumption about equality of time, but a presumption that all of us must surely agree that a child does best when both parents have as much involvement in the childhood of that child as possible, subject to the welfare provisions, which absolutely still stay paramount in the Bill. Why, yet again, do Labour Members not recognise that there is a problem and that at last we have legislation trying to address it?

[Stephen Twigg]

I certainly do not doubt the sincerity of the attempt to address this issue and to learn from the Australian experience. Labour’s judgment, as I have set it out today, has taken into account not only what the hon. Gentleman and other Government Members have said, but what has been said by organisations working in the sector, including in the field of children’s law. They tell us that there is a gap between the Government’s intention and what might happen in practice. We have to anticipate those unintended consequences, so although I absolutely agree with his final comments about the importance of both parents being involved, provided there is no threat to the safety or welfare of children, the paramount principle has to be the best welfare of the child—that has to come first. The concern is that what the Bill proposes could take us down the road that the Australians went down. We should explore this issue further in Committee, because there is a real difference of opinion on it. I urge Ministers to listen to those who are expressing a different view, so that we make sure that we do not have, as an unintended consequence of this Bill, something that makes the situation worse.

The Bill proposes a 26-week limit for care proceedings. At present, children wait for an average of 55 weeks for a decision about their future. The Government are seeking to address that, and we support them in their aim to speed up proceedings. However, speed should never be at the expense of getting it right for children. We want safeguards to be built into the system to ensure that complex issues are not overlooked and siblings are not separated needlessly. Because much of the delay comes from local authorities, the Government must also address the dangerously heavy case loads of social workers.

Again, we support the recommendations of the Justice Committee. It proposes first that the 26-week time limit should be specified in secondary legislation, while primary legislation should specify the power to set such a limit so that it can be amended easily if it proves unworkable in practice, and secondly that the clause should be amended to give judges the power to take cases outside the 26-week timetable.