Clause 6 - Provision as to family assistance orders

Part of Children and Adoption Bill [Lords] – in a Public Bill Committee at 10:30 am on 21 March 2006.

Alert me about debates like this

Photo of Jeremy Wright Jeremy Wright Conservative, Rugby and Kenilworth 10:30, 21 March 2006

I want to make several brief comments about Clause 6, which deals with family assistance orders, and to raise again a concern that I raised on a preceding clause about the extra burden that it may put on the Children and Family Court Advisory and Support Service officers and their Welsh equivalents.

It is fair to point out that paragraph 72 of the explanatory notes states:

“We anticipate that there may be some resource implications associated with the reformed orders”— meaning, family assistance orders—

“though this may be offset by a reduction in work associated with ongoing court proceedings where family assistance orders are used to facilitate and support contact arrangements.”

In other words, it appears that the Government anticipate that, where they go well, the extra family assistance orders will often pay for themselves, by enabling expensive court proceedings to be avoided. None the less, it seems to Conservative Members that some account ought to be taken of the fact that they may not always pay for themselves—indeed, in many cases they will not. It is clear from clause 6 that the intention in the Bill is that family assistance orders, rather than being an exception, should become the norm. One can see perfectly sensible reasons why that should be so, and no doubt there will be many situations in which the Intervention of a family assistance order will be extremely productive. However, it is of concern that if they are to be used much more often and much more regularly, there will be substantial cost implications, given the extra work that CAFCASS and its Welsh equivalent will have to do.

It is also clear from the clause that the duration of the order will no longer be a minimum of six months but will become a minimum of 12. Again, that work load will be extended over a longer period, which is also a matter of concern.

I should be grateful for some reassurance from the Minister that consideration has been given not just to costs to CAFCASS, which may be offset by savings in court proceedings, but to what may happen if those costs are not offset and where the money is to be found   given the comments that have been made about the burdens on CAFCASS officers arising from other provisions in the Bill and their existing responsibilities.

The other concern that I want to raise, and on which I invite the Minister to comment relates to the original provision dealing with family assistance orders—section 16 of the Children Act 1989, subsection (3) of which clearly indicates that family assistance orders cannot be made unless the court

“has obtained the consent of every person to be named in the order other than the child.”

I should be grateful if the Minister could confirm whether, with extensions to family assistance orders, that provision will remain. I should be grateful for reassurance.

Clause

A parliamentary bill is divided into sections called clauses.

Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.

During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.

When a bill becomes an Act of Parliament, clauses become known as sections.

clause

A parliamentary bill is divided into sections called clauses.

Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.

During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.

When a bill becomes an Act of Parliament, clauses become known as sections.

intervention

An intervention is when the MP making a speech is interrupted by another MP and asked to 'give way' to allow the other MP to intervene on the speech to ask a question or comment on what has just been said.

Minister

Ministers make up the Government and almost all are members of the House of Lords or the House of Commons. There are three main types of Minister. Departmental Ministers are in charge of Government Departments. The Government is divided into different Departments which have responsibilities for different areas. For example the Treasury is in charge of Government spending. Departmental Ministers in the Cabinet are generally called 'Secretary of State' but some have special titles such as Chancellor of the Exchequer. Ministers of State and Junior Ministers assist the ministers in charge of the department. They normally have responsibility for a particular area within the department and are sometimes given a title that reflects this - for example Minister of Transport.