Clause 6 - Provision as to family assistance orders
Children and Adoption Bill [Lords]
10:30 am
Maria Eagle (Parliamentary Under-Secretary (Children and Families), Department for Education and Skills; Liverpool, Garston, Labour)
In removing the requirement for exceptionality, which is already being undermined by common law practice, we expect the courts to exercise their judgment and to see whether a family assistance order might prove useful in the circumstances before them. Obviously, we have to keep an eye on what happens in practice, but following our discussions with interested parties—particularly the judiciary—we do not expect there to be a huge leap in the number of cases. However, we will have to see. If there is a huge leap, that will have implications for resources, and we shall have to deal with that at the time. At present, we do not expect there to be a sudden surge in cases. We are just tidying up practice and putting the statute in line with what is developing in the common law.
The clause allows the courts to use family assistance orders more generally and flexibly to help families overcome difficulties and to improve and maintain contact. Given my answers, I hope that the Committee will feel able to allow the clause to stand part of the Bill.