Bereavement Leave: Loss of a Child

Jim Shannon Excerpts

Tuesday 12th September 2017 Westminster Hall

[Jim Shannon (Strangford) (DUP)]

I congratulate the hon. Member for East Renfrewshire (Paul Masterton) on securing the debate and on passionately setting the scene for us all.

It is a pleasure to follow the hon. Member for Colchester (Will Quince). I was present for his Adjournment debate on this subject in the last Parliament. I remember the debate well and the contributions made by other hon. Members. I remember the understandable personal pain that each of them felt and how we were much moved by their speeches.

I cannot begin to speak about this sensitive issue without first offering my most sincere and heartfelt sympathies to all families who have lost a child. It is sad to lose a parent—I was devastated when I lost my father—but it is the natural cycle of life. To lose a child goes against the natural order of things, as all four of the speakers in the debate have said. I cannot even begin to imagine the depth of pain that it would cause; it is unspeakable and unimaginable.

Even though none of us truly want to think about this, as it comes too close to home, we must do what we can to ensure that the response from employers is adequate. That is our role here. I was quite shocked, and indeed angered, when the hon. Member for East Renfrewshire mentioned a large employer of 20,000 people that dictatorially instructed its worker to get back to work. I cannot begin to believe such lack of feeling. I thank the hon. Gentleman for raising that case.

Every week, 10 children and young people die from cancer in the UK. That figure simply shocks and saddens. We all know many charities that we work for and help. CLIC Sargent has care teams that provide bereavement support through more than 300 home visits, and it gave palliative care to around 250 children and young people just last year. That charity is just one example; there are many others.

I have been asked to raise a number of points, which I hope to do now. It is always a pleasure to see the Minister in her place. We know that she understands very clearly how we all feel, which will be reflected in her compassionate response to the debate.

Children’s hospices and palliative care charities provide lifeline support for children with life-limiting and life-threatening conditions, and of course for their families as well. However, children’s palliative care is woefully underfunded and under-resourced. For example, on average, adult hospices in England receive 33% of their funding from statutory sources, whereas the figure for children’s hospices is 22%. I know that there are many claims upon the Government, but here is a really crucial issue that we need to address. Unless that funding gap is addressed, we as a country are seen to be placing greater value on the life of an adult than that of a child. That can never be the case, and I know it would not be.

In England, local authorities’ contribution to the cost of providing children’s palliative care in the voluntary sector fell significantly, by 61% between 2014-15 and 2015-16, when the cost of providing complex care increased. There was a drop in the funding and a rise in the need. It is simply unsustainable for local authorities to contribute just 1% to the costs incurred by children’s palliative care charities.

[Emma Little Pengelly (Belfast South) (DUP)]

I am sure my hon. Friend agrees that very often it is the parents of these children, who have suffered the most loss, who do incredible work in raising funds for the likes of children’s hospices right across the United Kingdom. I take this opportunity to pay tribute to them. The death of a child is always tragic and sometimes unexpected. I know that we all, through our constituency offices, see many parents who have children with life-limiting conditions. The parents are their strongest advocates and fight so hard for them. When that child goes, there is a huge gap in their lives, and they do sterling work for the likes of the hospices.

[Jim Shannon]

I thank my hon. Friend for her words. Those who fight hardest are those who have walked the road, taken the journey and personally experienced the heartache and pain.

Together for Short Lives, another wonderful charity, is calling on the Government to follow the example of the Scottish Government. I pay tribute to the Scottish Government and to my colleagues here from the Scottish National party, who are part of that, perhaps not directly in Scotland but through the party, for their contribution. That Government have allocated £30 million over five years for children’s hospices so that there is parity with funding for adult hospices. They recognised the need and did that. I see good done in many places across the United Kingdom of Great Britain and Northern Ireland. There is good done by different regions, and that is an example of good done by the Scottish Parliament. Children and young people with life-limiting and life-threatening conditions in England, Northern Ireland and Wales deserve the same recognition, opportunity and support as those in Scotland.

May I highlight quickly the importance of faith and the need for the Church? Many of us in this Chamber have personal experience of that. It is important that there is recognition of the importance of the Church and the role that it can play when tragedy hits.

I will conclude because I am conscious of the time. It is hard to know what to legislate for, because there cannot be enough paid leave to heal the wound that is left by the loss of a child, but there should be enough paid time to ensure that someone is back to being able to function like a human being. There cannot be enough of a grant to provide a decent send-off, but a grant should be available to those who have cared for their child and are financially strained because of the requirements of that care. Often the burden of the care is not just financial, but emotional and physical. There cannot be enough free hours in hospital car parks to ease the burden, but help in that respect can ease the load. Unfortunately, there is nothing that we can do to help these families emotionally, I believe, unless we have expertise in this regard, which is why I am looking to Churches and to those of the cloth to provide support.

What we can do is support families practically through end-of-life care and then bereavement support. That is why I am standing with the hon. Member for East Renfrewshire, who made the proposal today, and with all the other hon. Members who have made and will make contributions, including the shadow Minister, the hon. Member for Wirral West (Margaret Greenwood), and the Minister, and asking that every person here and every group represented here does the right thing and supports that proposal.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Margot James)]

It is a pleasure to serve under your chairmanship, Mr Brady. I welcome the opportunity to discuss this tragic issue, and I thank the hon. Member for East Renfrewshire (Paul Masterton) for securing this important debate and for his thoughtful remarks. I also thank the all-party parliamentary groups mentioned in this debate for their positive work.

I reassure all hon. Members that the Government remain committed to supporting the private Member’s Bill of my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake) on parental bereavement leave and pay, which comes on the heels of a similar Bill brought last year by my hon. Friend the Member for Colchester (Will Quince), to whom I shall return in my remarks. I met the two of them today to flesh out some of the details of the issue.

Unquestionably, the death of a child is traumatic and deeply upsetting for any parent. I agree wholeheartedly with the hon. Member for Strangford (Jim Shannon) that the loss of a child or baby is the worst form of bereavement that a human can suffer, a point reinforced by other Members in their contributions. It consigns most sufferers to a lifetime of grief, which, at best, if they are fortunate, they learn to live with over time. That was powerfully put by the hon. Member for North Ayrshire and Arran (Patricia Gibson) in a speech of great impact. I extend my heartfelt condolences to her and to all Members, and all observers of this debate, who have been personally affected by this terrible, life-changing event.

The Government expect employers to be sympathetic and flexible when employees request leave in such circumstances, but acknowledge that that is not always the case. I have been upset to hear from several hon. Members about the survey, and about individual instances of inhumane behaviour that I do not think that any amount of human resources training could begin to address. We recognise that without a statutory entitlement to time off following the death of a child, the situation will not rectify itself.

Our manifesto committed to ensuring that bereaved parents can take time away from work to grieve for a lost child. As I have mentioned, the Government remain fully committed to that. I pay tribute to my hon. Friend the Member for Colchester for the huge amount of work that he did during the last Parliament, which led directly to the making of that commitment in the Conservative party manifesto. I know that a similar commitment was made in the Labour party manifesto.

The particulars of the Bill are being carefully considered, so it would be premature to go into too much detail about the proposals, but I will of course bear in mind the detailed questions and suggestions from the shadow Minister and discuss them with my hon. Friend the Member for Thirsk and Malton and with Treasury officials. Officials in my Department met interested stakeholders over the summer and had some fruitful discussions, which have helped to shape our thinking. I was heartened to hear that there is wide support for the Bill among employer and employee groups, charitable organisations and parents alike.

Many hon. Members have mentioned the importance of bereavement services. The quality of care that bereaved families receive can have long-lasting effects. The Government have invested £35 million to improve birthing environments from that perspective. The improvements include better bereavement rooms and quiet area spaces at 40 hospitals. There is, of course, more to do, as the hon. Member for Paisley and Renfrewshire North (Gavin Newlands) amply demonstrated in his contribution.

[Jim Shannon]

Will the Minister give way?

[Margot James]

I am mindful of time. If the hon. Gentleman will forgive me, I only have five minutes left and a number of questions to answer.

The Government are supporting Sands, the stillbirth and neonatal death charity, to work with other baby loss charities and royal colleges to produce a national bereavement care pathway to reduce variation in the quality of bereavement care provided by the NHS. I noted the intervention by the right hon. Member for Enfield North (Joan Ryan) about the evolving needs of bereaved parents, some of whom will need to access bereavement services long-term. That point was reinforced by the hon. Member for North Ayrshire and Arran. Sands is also working on a project for NHS England on the role of bereavement midwives.

The Department of Health has published “Health Building Note 09-02: Maternity care facilities”, a guideline on the design and planning of maternity care facilities in new healthcare buildings and the adaptation and extension of existing facilities. In line with the guidance, we expect new build or redesigned maternity units to include facilities for parents and families who suffer bereavement at any stage of pregnancy or in the immediate aftermath. The standard of neonatal care across Scotland, as my hon. Friend the Member for East Renfrewshire has rightly pointed out, is a matter for the Scottish Government, but I share his concerns and encourage him to take it up with Scottish Ministers.

I listened with interest to the hon. Member for Glasgow East (David Linden) on the work of children’s hospices and palliative care services in Scotland, which should be brought to the attention of Health Ministers in the UK and, if possible, of those working on the national bereavement guidelines.

The self-employed were mentioned. Those who are self-employed and bereaved face different challenges from people who are employed, but no less demanding ones. As Matthew Taylor argued in his review of employment and protections, the tax that people pay and the entitlements that they receive are linked, so it is right that we consider the wider arrangements for the self-employed in a holistic way that includes tax benefits and rights. The Government will come back to the Taylor review, including those matters, with a full response before the end of the year.

Since 2010, we have taken steps to equalise the state benefits provided to the employed and self-employed, including giving the self-employed access to the full rate of the new state pension for the first time, so there is a precedent. We agree with the principle of equalising benefits for the self-employed, but that should happen alongside reforms to taxation, which will need to be considered carefully over the longer term. The self-employed will need to be consulted as part of those deliberations.

I draw hon. Members’ attention to the ACAS guidance document for employers, “Managing bereavement in the workplace—a good practice guide”, which was developed with the charity Cruse Bereavement Care for people who have lost a loved one. I hope that the valuable work done by so many hon. Members to raise awareness of this terrible issue will have an impact on employers, as well as on the health services and wider society.

Hon. Members raised the important point that some employers struggle to know the best way to support staff in these circumstances. We support the Bill introduced by my hon. Friend the Member for Thirsk and Malton, which will put matters on a statutory footing, but there is a lot more that employers can do. It was disturbing to hear of the survey showing that only a third of people who suffered this terrible experience felt adequately supported by their employers.

The ACAS guidance highlights the important role that employers can play and their duty of care to employees, and includes specific advice about parents who lose a child. Most importantly, it helps employers understand how grief might affect their employees. It provides practical steps that employers can take when they are notified by their member of staff, in the immediate aftermath, and when the employee returns to work. The guidance has been well received by employers, and we will consider how we can continue to work with ACAS to promote it further and embed a cultural change in companies up and down the country, given the importance of the issue.

I thank all hon. Members for their contributions to the debate. It has come at a valuable time in our thinking.