UK Parliament / Open data

Children and Adoption Bill

: There might be a causal link, given that the Labour party is in Government and the Conservative party is in Opposition. Three years is surely plenty of time to come up with practical and pragmatic approaches to this point, particularly as it has been said that the issue is very important in the context of the proposed legislation. There is much evidence including that, for example, from the Family Law Journal, under the auspices of the National Youth Advocacy Service. Far from exacerbating the bitterness that is endemic in legal wrangles around contact order disputes, allowing the child’s opinion to be heard acts as a catalyst in helping to resolve even the most long-standing and protracted difficult disputes. On a broader issue, the paramountcy principle is only implicit in the Bill—particularly in clauses 1, 4 and 5—and is not as explicit as it was in the Children Act 1989. The Minister may want to comment on that when she replies. I return to the sensitive subject of co-parenting and child safety. Thankfully, the awful phenomenon of child murder in contact situations is extremely rare. Although that issue is distressing, it must not obscure the case for co-parenting. More particularly, we should resist recourse to stereotypes. There is no definitive evidence that non-resident fathers per se, as a group, are a greater risk to child safety than substitute non-biological partners or non-biological mothers. In this respect, I deprecate the comments of the NSPCC. It has undermined its kudos as a respected children’s charity in putting forward arguments that have no basis in fact and no evidential back-up. Let us remember that many of the dreadful crimes that take place involve not natural or biological fathers, but men brought into the family unit in the wake of divorce or separation. They may have very poor or non-existing parenting skills. At present, unlike the natural or biological father, they are unlikely to have been risk assessed. May I turn to the issue of compensation via community-based enforcement orders for unpaid work and financial compensation based on affordability? I remain unconvinced that the Government have thought through the practical consequences of the relevant provisions and their impact on CAFCASS, especially the availability of appropriate financial resources and, just as important, the uniformity of resources and facilities across the country. Under clause 7, CAFCASS officers will have a considerably enlarged portfolio of duties, and it is imperative that that does not impact on existing work flows, which are very demanding. I wish to take issue with the Minister, because there have been significant staffing shortfalls, long delays in assigning officers to children and a £4 million cut in funding. As I said in an earlier intervention, the chief executive of CAFCASS, Mr. Anthony Douglas, wrote to me in response to a written question that I had tabled, confirming that one in six private law cases that dealt with parental responsibility, contact orders and residence were unallocated to a staff member. I pay tribute to the work done in sometimes very trying circumstances by the professional staff of CAFCASS, but there is dissatisfaction with the organisation, including complaints about inadequate time spent with children and institutional bias against non-resident parents. We should be mindful lest inadvertently we make matters worse. I am glad that the hon. and learned Member for Redcar has flagged up her concerns and cited the thematic review. The hon. Member for Mid-Dorset and North Poole (Annette Brooke), too, was concerned about the matter. Like other hon. Members, I await further details from Ministers. No doubt, the issue will be debated at length in Committee. Perhaps the Minister will clarify her rather opaque description of a new and robust statutory framework, and the way in which it will affect funding and resources. Above all, we need proper planning, proper training and a realistic business plan for future CAFCASS workflows. In conclusion, may I make a plea on behalf of non-resident parents—usually fathers—and praise the invaluable role of the extended family in child care, especially grandparents who, as the hon. Member for Stafford (Mr. Kidney) will agree, are the unsung heroes of our sometimes difficult and dysfunctional families? Grandparents contribute 60 per cent., or £1.1 billion-worth, of child care, yet they have few if any legal rights. I truly hope that the presumption of co-parenting in the Bill and other provisions will redress the balance in favour of fathers, reduce the bitterness inherent in many family courts cases, and have a commensurate positive impact on children. At the moment, non-resident fathers believe that they are on the receiving end of a slow legal system that tends to accept the status quo as a fait accompli, appears hostile to them as a result of their absence and, we should remember, imposes significant costs on them for having the temerity to seek equity and fairness. The most recent figures show that 7,000 court orders are breached every year. At the very least, notwithstanding the recognition in the Bill that non-compliance with court orders will not be tolerated, there must be an assumption by the state that it is responsible for upholding court decisions. That burden should not fall on the impecunious shoulders of individual non-resident parents. Finally, on grandparents, I declare an interest. I am not a grandparent—I am far too young.
Type
Proceeding contribution
Reference
443 c464-6 
Session
2005-06
Chamber / Committee
House of Commons chamber
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