Children’s Wellbeing and Schools Bill

Lord Elliott of Ballinamallard Excerpts

Monday 9th June 2025 Lords Chamber

[Lord Meston (CB)]

My Lords, I strongly support Amendment 172. I do so in preference to Amendment 169, although I see that both are directed to the same wretched problem of successive removals of children and babies from mothers. Quite simply, much more needs to be done to support parents, particularly mothers, after a child has been removed into care, to reduce the risk of a further child being removed from the same mother.

The sad statistics have already been mentioned by the noble Baroness, Lady Bennett, but the fact is that at least one in four women who has already had a child removed will return to court. Too often they have reacted to the removal of their child with an ill-considered or unconsidered decision to have another baby, with all too often the same consequences. These are truly wretched cases for the courts to deal with, particularly if it is impossible for the court to find any real improvement since the previous removal, and particularly if the mother has become mistrustful and finds it difficult to seek and accept help.

As things stand, once the previous proceedings finish, the mother may receive no further attention or support from the local authority until the next pregnancy is made known, by which time it may be too late. The evidence collated and presented by the Nuffield Family Justice Observatory on the frequency and impact of recurrent care proceedings and removals is compelling, if depressing. The Nuffield Observatory points out that services are available in some areas but describes them as “few in number” and “mostly small in scale”. The work done by the specialist charity Pause—already mentioned by the noble Baroness, Lady Bennett—shows that, with the right work and support, the cycle of recurrent removals can be broken.

The human cost of successive removals, in terms of misery and grief, is all too obvious. The financial cost to local authorities of successive care proceedings leading to fostering and adoption is enormous and, I would suggest, avoidable. When Sir James Munby was president of the Family Division, he encouraged judges to persuade local authorities in their area to adopt the work done by Pause. Many of us tried to do so, but it was not easy, because local authorities were nervous of the cost, thinking only in terms of the current year’s expenditure rather than the potential budgetary benefits in years to come. Accordingly, post-removal support remains unavailable in more than half of local authority areas. That is why primary legislation is needed.

I note that previous attempts in November 2016, similarly presented by the noble Baroness, Lady Armstrong of Hill Top, were not accepted for reasons that were, I have to say, frankly inadequate. I hope that this Government will do better and accept Amendment 172.

[Lord Elliott of Ballinamallard (UUP)]

My Lords, I will make a brief intervention in and around Amendments 68 and 167, which are both about early intervention. I know that situations are often different in Northern Ireland, where the local health trusts look after young people and young people’s services, whereas in England it is the local authorities. However, the principle of the issues is the same, and dealing with the young people and early intervention is hugely important. My issue is that it should not be just about early intervention; it should be an ongoing process.

The one aspect that is not looked at in the Bill—I wonder whether it could be included at some stage—is around the rights of parents. I have worked with looked-after children for many years and am an adoptive parent. Really significant issues with young people can sometimes manifest into wider family difficulties, particularly when a young person is a refuser. Maybe they refuse to take on counselling or refuse to go to school. Then, because that child or young person will not attend either counselling or school, the pressure of maybe facing a court hearing or legal proceedings returns to the parents. Quite often there is then huge pressure on the family, because the law is on the side of taking the family and the parents to court; that is not often a good prospect for family proceedings and family support.

All I am trying to say in this brief moment—I know there are other amendments on the same issue coming up at a much later stage that I will also hopefully speak to—is that, while early intervention is very important, there needs to be ongoing intervention as well.

[Baroness Butler-Sloss (CB)]

My Lords, I very much support not only early intervention but intervention at various levels when the family absolutely needs it. As the noble Lord, Lord Meston, said, there is a financial advantage to local authorities—not, of course, short term, but long term, because the more a local authority intervenes in a troubled family, the less the chance, with any luck, that the children will go into care.

As has already been said, when one child has gone into care, it is particularly important to make sure that the next child—there nearly always is a next child—will not also have to go into care. As the noble Lord, Lord Meston, has said, it is a very sad situation for judges when you really cannot help the mother and her second, third or fourth child—sometimes more—because she has never had any help each time she has lost a child. So there is a genuine financial advantage to stopping children going into care, which is obviously far more expensive in the long term.

I will add a short word following on from the sad story of the right reverend Prelate. My son, aged 50, died of cancer, five years ago, with teenage children. Their mother, my daughter-in-law, was brilliant, but the children’s loss of their father at early teenage was absolutely devastating. I am glad to say that they have succeeded extremely well and have coped, but it is a moment when I have no doubt at all that my daughter-in-law—she lives in Los Angeles, so the wider family were unable to help—would have gained enormously, as indeed would the children, if there had been somebody there in a similar situation in this country. This bereavement amendment is particularly important.