Children and Adoption Bill [HL]

I absolutely agree with the sentiment behind what the noble Baroness says; what I disagree with is whether the basis for her assumption is correct. We know statistically that 90 per cent of disputes are settled before reaching court—that families come to some arrangement about their child before they ever come to court. Of the 10 per cent that go to court, judicial statistics show that less than 1 per cent of applications are refused, which is a very small percentage. In addition, a survey recently carried out by the National Association of Probation Officers in conjunction with some staff in CAFCASS showed that most cases were successful and that in a year 34 cases had no contact, with a further 11 cases of mothers who had no contact. The principal reason in that small number of cases that were not successful was the presence of domestic violence in 41 per cent and child protection from emotional or physical abuse in 29 per cent of the total. The remaining cases were linked to child abuse and drug or alcohol use, or, in a very small percentage, the child simply did not wish to see the other parent. I am not taking a view of gender on the matter, but simply saying that disputes are very small. When there are disputes, they are extremely contentious and difficult. Probably more than most, I see the cases on the ground and should declare an interest as the deputy chair of CAFCASS. Clearly there are difficulties after the order has been made, and we have to be clear about where we are in process during debate on the Bill. There are situations in which people are prevented having the order carried out, and that is what the Bill hopes to remedy to a large extent. We must be clear about the proportions at the beginning and the facts of the statistics and numbers about which we are talking, and the resolution of disputes in court.