Police and Justice Bill

If we were to agree with the noble Baroness’s amendment, it would drive a significant hole through our policy of allowing more agencies to enter into parenting contracts and apply for parenting orders, as set out in the Respect Action Plan. Clauses 21 and 22 enable not only a local authority but also, as the noble Baroness outlined, a registered social landlord to enter into a parenting contract or seek a parenting order in respect of a parent of a child or young person if they have reason to believe that the child or young person has engaged or, in the case of contracts, is likely to engage in anti-social behaviour. I understand that the noble Baroness may say, ““Well, such landlords do not have very much to do with children””. But a housing officer, who may have difficulties with a family reported to him, quite often has a lot to do with maintaining the well-being of the community in the housing association or estate for which he is responsible. Currently, 52 per cent of social housing is owned by registered social landlords. They therefore play an important and growing role in managing housing and wider neighbourhoods, including tracking and tackling anti-social behaviour. The noble Baroness will know that, increasingly, neighbourhood teams are working in collaboration with the other agencies to take a more holistic approach towards management and intervention. Quite often, it is a collective decision on which agency in a particular case will be the lead agency for that family. Therefore, it is important to have within that framework an opportunity where it is appropriate for the social landlord to take a lead, particularly if it has been indicated that they are likely to be the most appropriate person, since they have better access, relationships and opportunity. As set out in the Respect Action Plan, the Government are determined to increase the levels of parenting support available to all parents and ensure that those who are unlikely to seek help voluntarily take help through formal contracts and court orders. I would remind the Committee that parenting contracts and parenting orders are early interventions which are supposed to nip problems in the bud. Preventing registered social landlords entering into parenting contracts or seeking parenting orders, as these amendments would do, makes no sense when they already have much more coercive powers at their disposal. Registered social landlords can seek eviction of a family because of anti-social behaviour. They can enter into an acceptable behaviour contract with a family. They can also seek anti-social behaviour orders and injunctions against their tenants and others in the community. It is surely illogical to prevent them entering into arrangements which may help prevent the worst sanctions against families. If action is not taken there is a significant risk of families losing their homes or being taken to court. We want them to have the full panoply so that they do not have to reach immediately for eviction, because that can have really detrimental consequences for the family and children in terms of their long-term stability and friendship groups. While their behaviour at school may be fine, anti-social behaviour in the home may cause them to be evicted, which is much more detrimental. So we want landlords to have a full toolkit and I hope that the noble Baroness will agree that this is less severe than eviction and less harsh than using some of the other powers they already have. We think that they should see this as a menu in order to intervene both creatively and supportively, but becoming increasingly firm if that appears to be the only way of getting compliance. They may take many steps before taking the final step of evicting the family from their home. We will encourage registered social landlords to work in partnership with other specialist agencies that are expert in this area. We will provide all the relevant agencies with clear guidance on the use of this power and the new provisions will require them to comply with it. It is important to make it clear that parenting contracts and orders are not designed to criminalise parents, but instead are concerned with providing support so that parents are able to guide and protect their children more effectively. As I said earlier, it appears from the data we have that parents do better afterwards and that this can have a beneficial effect on the behaviour of the children as well. Turning to the question of whether Clause 23 should stand part of the Bill, local authorities must have the flexibility to make appropriate local decisions to ensure that their functions are carried out as effectively as possible, not least by tackling anti-social behaviour in young people and providing effective support. This clause inserts a new Section 28A in Part 3 of the Anti-social Behaviour Act 2003 so as to make it possible for the Secretary of State or the National Assembly for Wales to make an order enabling a local authority to contract out to a specified person the functions of entering into parenting contracts and applying for parenting orders. Subsection (2) makes it clear that the order providing the power to local authorities to contract out is subject to conditions specified in the order. I hope that from all that has been said, the noble Baroness will feel more comfortable with the new section and will agree that the clause should stand part of the Bill.