Children and Adoption Bill [HL]

The real problem is in the complexity of the work. That is why I am very concerned about any change that overrides the paramountcy of the needs of the child. I hope that Members of the Committee would indulge me in giving one example, which shows the difficulties that people experience. I shall not read it all out because it is too long; it relates to an officer who had to deal with a conflict, and had to find the evidence from the mother when there was violence in the family. The children wanted to see the father and the issue was whether they were safe. The court wanted a report, which expressed the conflict—but a presumption was made in favour of contact, which at the end of the day clearly did not appear to be in the best interests of the child. I have paraphrased a rather complex situation. The issue is that we can legislate however we want. However, if the child’s needs are not paramount in these extraordinary situations—which demand the wisdom of Solomon because you are dividing the child between the parents, who may care and love the child in their own way—we shall not be able to do some of the work that allows CAFCASS officers to make good assessments and enables the courts to focus on those assessments and make proper judgments. Like the noble Earl, Lord Listowel, I am grateful that this debate has taken place, because it has confirmed my view when I thought that it might have changed.