I thank my hon. and learned Friend for her usual clarity.
Opposition Members and those in the other place have been extremely exercised by the enforcement of contact orders. I would hate for anyone to misunderstand me on this. I agree that in the best of all possible worlds, it is always best for children to have contact with both parents, but we are dealing not with the best of all possible worlds but with cases where the evidence suggests that there are severe risks to the child. We must therefore build into the legislation every precaution to ensure that contact is safe for those children. We are not dealing with the generality of contact orders. Equally, I agree that vexatious parents who deny contact for their own reasons should have the proverbial book thrown at them. Again, however, we must be absolutely certain that those children are safe before contact is enforced. As things stand, the Bill has no such requirement. That is urgently needed.
We need pre-court checks at the beginning of all proceedings to assess whether there may be safety concerns and a more comprehensive definition of risk assessment in legislation or in regulations. Courts must have regard to any risk assessment and order contact only if it is safe to do so. I fully support perpetrator programmes, provided that they are legitimate programmes run by organisations such as Respect and MALE, which have a long history of understanding perpetrator practice, not short courses that purport to resolve domestic violence and treat perpetrators in one day. We have to be careful about what is meant by proper perpetrator programmes, and we must ensure that the voice of the child is heard.
We do not want to experience further groundhog days as parliamentarians, but this is not only an issue for us but one that has serious implications for the lives of our children. Twenty-nine children have been killed as a result of contact arrangements in England and Wales. Serious case reviews indicate that with regard to five of 13 families involved, contact was ordered by the court, but no court professionals have been held to account for those homicides. Children have paid with their lives for the presumption that exists, and will continue to exist unless we amend the Bill, that contact is almost always in the best interests of the child—the presumption that the family justice system abides by and holds so dear. It is time that that is balanced by a legal requirement that the court must have due regard to risk assessments and be satisfied that that contact will be safe for our children. Nothing less will do.
Children and Adoption Bill
Proceeding contribution from
Margaret Moran
(Labour)
in the House of Commons on Thursday, 2 March 2006.
It occurred during Debate on bills on Children and Adoption Bill (HL).
Type
Proceeding contribution
Reference
443 c449 
Session
2005-06
Chamber / Committee
House of Commons chamber
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2024-04-21 21:44:50 +0100
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