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23 Apr 2008 : Column 1436
7.40 pm

The Parliamentary Under-Secretary of State for Justice (Bridget Prentice): I congratulate the hon. Member for Birmingham, Yardley (John Hemming) on securing a debate on an issue that is important to everyone in the House and outside—an issue that we should examine with care and consideration. Instead of ranting, we should take a comprehensive, considered and objective view of what we can do to make life better for those who are among the most vulnerable in our society. I am pleased, therefore, to have the opportunity to speak about the proceedings for children and to reiterate and emphasise the Government’s commitment to helping and supporting vulnerable children.

Fortunately, the number of children in need in this country is relatively low compared to the total number of children in the country, but that does not mean that we should be or are any less committed to addressing those children’s problems. We take our responsibilities in that regard extremely seriously. I shall summarise the recent background to the way we deal with matters relating to children and young people. In 2003, we published the “Every Child Matters” Green Paper, which set out five outcomes that we want to see achieved for all children. It is worth remembering that one of those outcomes was that children should be protected from harm and neglect so that they stay safe.

Things have not stood still since 2003. The Children Act 2004 put in place new structures to help us deliver those five outcomes. Also in 2004 we published “Every Child Matters: Change for Children”, which set out a continuing national programme of change, outlining how the reforms were to be implemented. At the heart of that programme was the goal of ensuring that all children, especially the most vulnerable, are able to stay safe. I agree with the hon. Gentleman in one respect. Our starting point is that state intervention is and must always be a last resort. We firmly believe that children should live with their parents, provided it is safe, and that, where necessary, families should be given extra support to help them stay together.

On 1 April this year, I made a written statement to the House detailing two key reforms to the wider care proceedings system, which came into force on that day. The first of those was the revised Children Act statutory guidance to local authorities, issued by my colleagues in the Department for Children, Schools and Families and the Welsh Executive. It underlined to local authorities the need for them to work more closely with families and others to find alternative solutions to entering legal proceedings at all, always, of course, on the basis that it is safe to do so.

The guidance stressed that local authorities must explore all safe and suitable alternatives. Those should include targeted support for parents to enable children to remain at home and, another option that is hugely important in our diverse society, the possibility of the child being cared for within the wider family, whether by grandparents, aunts, uncles or even older siblings.

Of course, that was already a requirement in the Children Act 1989, but it was re-emphasised, and I hope will be continually re-emphasised, under the guidance published a few weeks ago. That said, where the local authority has immediate concerns about safety, they are able to apply for an emergency protection order or to
23 Apr 2008 : Column 1437
make an immediate application in care proceedings. We know—something to which the hon. Gentleman referred—that the longer-term prospects for children who remain with their extended birth family where it is established that it is safe, can be much better than for children who are in care.

At the same time in April, a second reform, the public law outline, also came into effect. This is a new judicial case management tool that dovetails precisely with the statutory guidance. It provides a more streamlined procedure for the way in which courts handle care applications, so that cases can be resolved more rapidly when a local authority decides that the only safe solution is to seek an order through the court.

The outline makes it clear to local authorities what the courts expect of them. Local authorities will have to demonstrate to the court that they have thoroughly explored all suitable and safe alternatives. They will also have to show the court what steps they have taken to work with families to try to enable the child to remain within his family home or within the wider family. In that way, the outline will, to all intents and purposes, provide an additional check on the actions of local authorities that issue proceedings.

I want to share with the House some of the things that were said at the formal launch of those reforms on 1 April. I sat and listened to the three representatives of the Children and Family Court Advisory and Support Service young people’s board who talked more eloquently than any politician or professional about their hopes and aspirations for the way in which the reforms will impact on their lives.

One of them said:

So I take issue with the hon. Gentleman when he says that we are not listening to what young people have to say. He will know that I have a particular interest in ensuring that young people’s voices are heard in this place in terms of extending our democracy, and in terms of those who are vulnerable and who need the state’s systems to protect them.

Another of the young people said, “Sise does matter.” Sise is: see us, inform us, support us, empower us. It is true that in the past it has been all to easy
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sometimes to forget that what we do, we do to protect children, and that children’s voices can often be swamped in the adult noise. Of course the Children Act underlined that when it said that the welfare of the child must be paramount in the decisions of the court. I believe that the Children Act strikes the right balance; a balance between the complex set of rights and responsibilities, the rights of a child to be safe from harm, and the responsibilities of parents. It also makes it clear that the state has a duty to intervene, when a child’s welfare demands it.

We have introduced the Children and Young Persons Bill, which is a key part of our agenda to improve outcomes for children in care. Our aspirations for children in care must be as high as those for our own children. We must ensure stability in every aspect of care, and there must be good parenting from all those working with children in care, in the same way as we work on improving parenting for those children who remain with their families. There must also be a stronger individual and collective voice for every child in care. The Bill will provide the legislative base to deliver many of the changes set out in the White Paper, “Care Matters: Transforming the Lives of Children and Young People in Care”, to make that vision a reality.

The hon. Gentleman has raised a number of individual cases, although he could not refer to some of them in detail. I do not believe that there is systematic corruption and unprofessionalism throughout the social services, local authorities, the courts or elsewhere. He is being unfair to those who work closely with children who need our help and support, and who ensure that those children receive that help and support. The president of the Association of Directors of Children’s Services “flatly rejects” the odious claims surrounding so-called forced adoptions. There is no coherent evidence to support those claims, and the notion that honest, skilled and hard-working professionals would seek to cause children to be adopted unnecessarily is unacceptable. I believe that she holds that view honestly and professionally, and the Government and I support it. Our underlying theme will always be that the welfare of the child is paramount, which is what we seek to achieve.

Question put and agreed to.

Adjourned accordingly at eight minutes to Eight o’clock.


Deferred Division


immigration


The House divided: Ayes 265, Noes 65.
Division No. 147]




AYES


Ainger, Nick
Alexander, rh Mr. Douglas
Anderson, Mr. David
Anderson, Janet
Armstrong, rh Hilary
Austin, Mr. Ian
Austin, John
Bailey, Mr. Adrian
Baird, Vera
Banks, Gordon
Barron, rh Mr. Kevin
Battle, rh John
Bayley, Hugh
Begg, Miss Anne
Bell, Sir Stuart
Benn, rh Hilary
Benton, Mr. Joe
Berry, Roger
Blears, rh Hazel
Blizzard, Mr. Bob
Borrow, Mr. David S.
Brennan, Kevin
Brown, Lyn
Brown, rh Mr. Nicholas
Brown, Mr. Russell
Browne, rh Des
Bryant, Chris
Burden, Richard
Burgon, Colin
Burnham, rh Andy
Butler, Ms Dawn
Byers, rh Mr. Stephen
Byrne, Mr. Liam
Cairns, David
Campbell, Mr. Alan
Campbell, Mr. Ronnie
Caton, Mr. Martin
Cawsey, Mr. Ian
Challen, Colin
Chapman, Ben
Chaytor, Mr. David
Clark, Ms Katy
Clarke, rh Mr. Charles
Clarke, rh Mr. Tom
Clelland, Mr. David
Clwyd, rh Ann
Coaker, Mr. Vernon
Coffey, Ann
Cohen, Harry
Cooper, Rosie
Cooper, rh Yvette
Cousins, Jim
Crausby, Mr. David
Cryer, Mrs. Ann
Cummings, John
Cunningham, Mr. Jim
Cunningham, Tony
Curtis-Thomas, Mrs. Claire
Darling, rh Mr. Alistair
David, Mr. Wayne
Davidson, Mr. Ian
Davies, Mr. Quentin
Dean, Mrs. Janet
Devine, Mr. Jim
Dhanda, Mr. Parmjit
Dismore, Mr. Andrew
Dobbin, Jim
Dobson, rh Frank
Donohoe, Mr. Brian H.
Doran, Mr. Frank
Dowd, Jim
Eagle, Angela
Eagle, Maria
Ellman, Mrs. Louise
Ennis, Jeff
Etherington, Bill
Farrelly, Paul
Fisher, Mark
Fitzpatrick, Jim
Flello, Mr. Robert
Flint, rh Caroline
Flynn, Paul
Follett, Barbara
Foster, Mr. Michael (Worcester)
Foster, Michael Jabez (Hastings and Rye)
Gapes, Mike
Gardiner, Barry
Gibson, Dr. Ian
Gilroy, Linda
Goggins, Paul
Goodman, Helen
Griffith, Nia
Griffiths, Nigel
Grogan, Mr. John
Gwynne, Andrew
Hain, rh Mr. Peter
Hall, Mr. Mike
Hall, Patrick
Hamilton, Mr. David
Harman, rh Ms Harriet
Havard, Mr. Dai
Healey, John
Henderson, Mr. Doug
Hepburn, Mr. Stephen
Heppell, Mr. John
Hesford, Stephen
Hewitt, rh Ms Patricia
Hill, rh Keith
Hillier, Meg
Hodgson, Mrs. Sharon
Hood, Mr. Jim
Hopkins, Kelvin
Howarth, rh Mr. George
Hoyle, Mr. Lindsay
Hughes, rh Beverley
Humble, Mrs. Joan

Hutton, rh Mr. John
Iddon, Dr. Brian
Illsley, Mr. Eric
Ingram, rh Mr. Adam
Irranca-Davies, Huw
James, Mrs. Siân C.
Jenkins, Mr. Brian
Johnson, rh Alan
Johnson, Ms Diana R.
Jones, Helen
Jones, Mr. Kevan
Jones, Lynne
Joyce, Mr. Eric
Kaufman, rh Sir Gerald
Keeble, Ms Sally
Keeley, Barbara
Keen, Alan
Keen, Ann
Kelly, rh Ruth
Kemp, Mr. Fraser
Khan, Mr. Sadiq
Kidney, Mr. David
Knight, Jim
Kumar, Dr. Ashok
Ladyman, Dr. Stephen
Lammy, Mr. David
Laxton, Mr. Bob
Lazarowicz, Mark
Lepper, David
Levitt, Tom
Lewis, Mr. Ivan
Linton, Martin
Lloyd, Tony
Lucas, Ian
MacShane, rh Mr. Denis
Mactaggart, Fiona
Mahmood, Mr. Khalid
Malik, Mr. Shahid
Mallaber, Judy
Mann, John
Marris, Rob
Marsden, Mr. Gordon
McAvoy, rh Mr. Thomas
McCabe, Steve
McCafferty, Chris
McCarthy, Kerry
McCarthy-Fry, Sarah
McDonagh, Siobhain
McDonnell, Dr. Alasdair
McFadden, Mr. Pat
McFall, rh John
McGovern, Mr. Jim
McGuire, Mrs. Anne
McKenna, Rosemary
McNulty, rh Mr. Tony
Meale, Mr. Alan
Merron, Gillian
Michael, rh Alun
Miliband, rh Edward
Miller, Andrew
Moffat, Anne
Moffatt, Laura
Mole, Chris
Moon, Mrs. Madeleine
Morgan, Julie
Morley, rh Mr. Elliot
Mountford, Kali
Mudie, Mr. George
Mullin, Mr. Chris
Munn, Meg
Murphy, Mr. Denis
Murphy, rh Mr. Paul
Naysmith, Dr. Doug
Norris, Dan
O'Hara, Mr. Edward
Olner, Mr. Bill
Osborne, Sandra
Palmer, Dr. Nick
Pearson, Ian
Plaskitt, Mr. James
Pope, Mr. Greg
Pound, Stephen
Prentice, Bridget
Prentice, Mr. Gordon
Primarolo, rh Dawn
Prosser, Gwyn
Purchase, Mr. Ken
Rammell, Bill
Raynsford, rh Mr. Nick
Reed, Mr. Andy
Riordan, Mrs. Linda
Robertson, John
Robinson, Mr. Geoffrey
Rooney, Mr. Terry
Roy, Mr. Frank
Ruane, Chris
Ruddock, Joan
Russell, Christine
Ryan, rh Joan
Sarwar, Mr. Mohammad
Seabeck, Alison
Sharma, Mr. Virendra
Shaw, Jonathan
Sheridan, Jim
Simon, Mr. Siôn
Simpson, Alan
Skinner, Mr. Dennis
Slaughter, Mr. Andy
Smith, rh Mr. Andrew
Smith, Ms Angela C. (Sheffield, Hillsborough)
Smith, Angela E. (Basildon)
Smith, Geraldine
Smith, rh Jacqui
Snelgrove, Anne
Soulsby, Sir Peter
Southworth, Helen
Spellar, rh Mr. John
Starkey, Dr. Phyllis
Stewart, Ian
Stoate, Dr. Howard
Strang, rh Dr. Gavin
Straw, rh Mr. Jack
Stringer, Graham
Stuart, Ms Gisela
Sutcliffe, Mr. Gerry
Taylor, Ms Dari
Taylor, David
Timms, rh Mr. Stephen
Tipping, Paddy
Todd, Mr. Mark
Touhig, rh Mr. Don
Truswell, Mr. Paul
Turner, Dr. Desmond
Turner, Mr. Neil
Walley, Joan
Waltho, Lynda
Watts, Mr. Dave
Whitehead, Dr. Alan
Williams, rh Mr. Alan
Williams, Mrs. Betty
Wilson, Phil
Winnick, Mr. David
Winterton, rh Ms Rosie

Woolas, Mr. Phil
Wright, Mr. Anthony
Wright, David
Wright, Mr. Iain
Wright, Dr. Tony
Wyatt, Derek
NOES


Alexander, Danny
Baker, Norman
Barrett, John
Beith, rh Mr. Alan
Brake, Tom
Brooke, Annette
Browne, Mr. Jeremy
Bruce, rh Malcolm
Burstow, Mr. Paul
Burt, Lorely
Campbell, Mr. Gregory
Carmichael, Mr. Alistair
Cash, Mr. William
Clegg, rh Mr. Nick
Corbyn, Jeremy
Davey, Mr. Edward
Davies, Mr. Dai
Dodds, Mr. Nigel
Farron, Tim
Foster, Mr. Don
George, Andrew
Gidley, Sandra
Goldsworthy, Julia
Hancock, Mr. Mike
Harvey, Nick
Heath, Mr. David
Hemming, John
Holmes, Paul
Howarth, David
Huhne, Chris

Keetch, Mr. Paul
Kennedy, rh Mr. Charles
Laws, Mr. David
Leech, Mr. John
Llwyd, Mr. Elfyn
MacNeil, Mr. Angus
McCrea, Dr. William
Moore, Mr. Michael
Mulholland, Greg
Öpik, Lembit
Price, Adam
Pugh, Dr. John
Reid, Mr. Alan
Rennie, Willie
Robertson, Angus
Robinson, Mrs. Iris
Rogerson, Dan
Russell, Bob
Sanders, Mr. Adrian
Shepherd, Mr. Richard
Simpson, David
Smith, Sir Robert
Stunell, Andrew
Swinson, Jo
Taylor, Matthew
Teather, Sarah
Thurso, John
Tredinnick, David
Webb, Steve
Weir, Mr. Mike
Williams, Mr. Roger
Williams, Stephen
Willis, Mr. Phil
Willott, Jenny
Wilson, Sammy
Question accordingly agreed to.
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