Clause 16 - Parenting contracts: local authorities and registered social landlords
Police and Justice Bill
2:30 pm
Martin Horwood (Shadow Minister (Environment), Environment, Food & Rural Affairs; Cheltenham, Liberal Democrat)
The introduction of parenting contracts is yet another possible tool in the increasingly large armoury that includes acceptable behaviour contracts and antisocial behaviour orders, which if used appropriately are broadly welcome steps that can add flexibility—[Interruption.] No, I think that this is established Liberal Democrat policy, I am afraid. I refer the hon. Member for Mitcham and Morden (Siobhain McDonagh) to our recent manifestos and policy statements.
We welcome a range of flexible approaches to police and criminal justice, and if used appropriately such tools can do a lot of good. However, it is important to understand that they are not the whole solution. The solution to antisocial behaviour has deeper roots and involves a range of agencies and approaches that do not all involve the criminal justice system. As I have said, extensive use has been made of ASBOs in my own constituency. I have examples of ASBOs being promoted without the young person’s school or the youth service team appropriately being consulted. Since a large number of ASBOs are placed on younger people, that is an important issue when we look at other models such as acceptable behaviour contracts or parenting contracts.
The British Institute for Brain Injured Children has drawn attention to the example of a 14-year-old boy who was given an ASBO that included a curfew. He had to stay in at a particular time, but he had a mental age of less than seven and could not tell the time. There are risks to the new approaches, and we have to guard against their inappropriate use.
The clause provides for counselling and guidance programmes, which are very welcome. The amendments seek further safeguards, including a formal assessment of need and the removal of the targeting of a child or young person who
“has engaged, or is likely to engage, in anti-social behaviour”
as set out in proposed new subsection 25A(1)(a). I know that the Children’s Society has drawn attention to that point and is worried about it. It says:
“it is of great concern that a contract could be sought even though a young person has not actually displayed any anti-social behaviour, especially since refusal to sign one can be cited as grounds for application for a parenting order, breach of which can lead to a level 3 (£1,000) fine.”
It is quite a serious issue. The Secretary of State may have many talents, but the ability to foretell the future and predict antisocial behaviour is not one of them. The intention behind these probing amendments is to discover whether the Government are prepared to put a few more safeguards in the clause.