Clause 2 - Membership of the Commission
Children Bill [Lords]
8:55 am
Mr Tim Loughton (Shadow Minister for Children, Family; East Worthing and Shoreham, Conservative)
May I correct the Minister on one thing? I tabled the amendment, and she has hijacked it. It has never happened to me before. Government amendment No. 1, and several others that my hon. Friends and I tabled within minutes of Second Reading now magically have her name at the top. I am delighted to do all the hard work, and for her to take the credit. However, we may have different reasons for supporting the amendment.
Subsection (7) came about as the result of a comprehensive, cross-party revision to clause 2 in the other place. I do not think that it was singled out as a particular addition, but it was agreed on all sides. However, it was added in the interests of putting together an all-encompassing alternative to the clause, to beef up the role of the commissioner—a matter on which we will continue to talk.
I have some problems with subsection (7), but for different reasons than the Minister. I originally tabled the amendment as a probing amendment. I do not seek to take away the right of children to be able to turn to the Children's Commissioner for legal redress as a last resort if their interests are not properly being taken into account—for instance, if a social worker has not been appointed to a looked-after child, or a child's educational entitlements are not being provided for.
The intention behind the subsection is that children whose rights and entitlements are being neglected can ask the commissioner to start legal action to institute those entitlements. That is absolutely right, and I have no problem with it. It will be of some reassurance if the Minister is saying that that can be provided by other means, although the mention of CAFCASS does not fill me with great confidence, as she knows.
I am concerned that the subsection could be used in a vexatious way by a young person seeking to cause annoyance to a parent or, more likely, a teacher. The child could seek legal redress through the commissioner to pursue an unjust legal case because of some vendetta. I am sure that it would happen only in extreme circumstances, but the wording of the subsection could give succour to a person wanting to bring such a vexatious complaint; it would entitle the child to the support and resources of the Children's Commissioner to undertake such action.
That is the only reason why I challenge the inclusion of subsection (7). I do it for different reasons than the Minister, but if she can give me some reassurance that that could not happen, I would be happy to withdraw my amendment—although I cannot, as it is now her amendment, and she will press on with it, which confuses the whole picture.
That is why I and my hon. Friends tabled the amendment, and I would be interested in the Minister's response.