Access Rights to Grandparents
Debate between Lucy Frazer and Edward Argar(5 years, 11 months ago)
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Lucy Frazer
The hon. Gentleman is right. It is critical that we solve these issues early on, before they get to court. We are reviewing legal aid generally, but legal aid can be available for mediation for early legal help. In that context, there is a fees remission scheme in relation to the application to court where the threshold is higher for people over 60. However, would it not be better if people did not go to court at all?
A number of issues have been raised and ideas put forward about how we can improve the system. One, which was raised by my hon. Friend the Member for Mid Worcestershire and by the hon. Member for Ashfield (Gloria De Piero), was about the fact that grandparents have to apply for leave. Some people see that as an additional hurdle, but experience shows that grandparents do not usually experience any difficulty in obtaining permission when their application is motivated by a genuine concern for the interests of the child. That is because a person can seek the court’s permission at the same time as they make their substantive application simply by ticking the box on the relevant form, and there is no need to pay a separate fee. That can be part and parcel of the hearing.
The leave requirement is not designed to be an obstacle to grandparents or other family members; it is meant to be a filter to sift out applications that are clearly not in a child’s best interests, such as vexatious applications aimed at undermining one of the parents involved in a dispute over the child or continuing parental conflict. Leave was examined as part of the independent family justice review led by David Norgrove, which in its final report, published in November 2011, recommended that the requirement for grandparents to apply for leave should remain as it is because it
“prevents hopeless or vexatious applications that are not in the interests of the child.”
My hon. Friend the Member for Mid Worcestershire also identified the fact that it was unfortunate that sometimes children were placed for adoption, despite the fact that a grandparent might be willing to care for them. Grandparents can apply for special guardianship orders, and the local authority should give preference to placing a child with a family member. He also identified, as picked up by my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton), that there should be a change in the law in relation to presumption. We can look at that. He identified, and it is important to recognise, that some people think that elevates the grandparent’s involvement into a right, whereas, as I have identified, the family justice system puts the child, not the grandparent, at the heart of its consideration. As he accepts, there may be some unintended consequences that we will have to look into.
Edward Argar
The Minister is rightly highlighting the importance of the child being at the centre. She also said that she is willing to look at some issues again to avoid the involvement of expensive lawyers—I pay all due respect to lawyers; she is a distinguished lawyer herself. However, will she indicate when we might see some of those proposals and ideas come forward from the Ministry?
Lucy Frazer
As a new Minister, I am looking afresh at a number of issues. This point, which has been raised by many people, is one of a number of family justice measures the Department is looking at—this morning I had a meeting on another family justice issue of concern. We are looking at these matters very closely. The challenge is that one size does not necessarily fit all. These are important issues but, as I mentioned, we must also look at the out-of-court settlement procedure. I will look at this issue carefully, working with the Department for Education.
My hon. Friend the Member for Mid Worcestershire said at the end of his speech that he wanted to raise awareness. He has done that in the past, and he has certainly done so by calling the debate today. I commend him for his campaigning efforts, and I am grateful to him for giving me the opportunity to respond to this important debate on behalf of the Ministry of Justice. Finally, I send Marc and Jane Jackson every best wish on reuniting with their first granddaughter.