Part of Children and Adoption Bill [Lords] – in a Public Bill Committee am 9:30 am ar 16 Mawrth 2006.
I thank the Minister for her comprehensive reply, especially her response in respect of domestic violence. However, I am rather disappointed that she does not think that there is a need for further clarification in clauses 4 and 5 that the risk to the child should be of great importance to the court. Although the inclusion of clause 7 in the other place and the reference to the court’s need to take into account the risk to the child was important, we want to strengthen the intention so that that risk should be taken into account at all stages of the proceedings.
The hon. Member for Mid-Dorset and North Poole said that it is possible that, although a risk assessment has been carried out at the outset, at that stage for a variety of reasons issues of domestic violence have not been brought into the proceedings or domestic violence has not occurred. Domestic violence may well occur during the long period between the initial risk assessment and the point at which contact is enforced. As has been described, the problems in the separation process may come to a head during the contact proceedings. Domestic violence may occur at that point and pose a risk to the child.
It seems strange and somewhat perverse that we are not reinforcing the message that at the point of most danger to the parent and child, according to all the research, the courts should seek to carry out a further risk assessment. As has been said, the processes that we are discussing can take a long time. After the initial point at which the court hears the risk assessment, it can be a very long time before contact is enforced. It is therefore possible that the risk to the child will become greater during that period. It would be helpful for the courts to carry out a further review of the risk to the child at the point of enforcement.
However, I accept the assurances given by the Minister. We hope that, in the course of the research that we have been told will be carried out in the Department, this issue particularly is reviewed, so that we can, if necessary, assure ourselves that the procedures in the Bill will ensure the safety of the child throughout the contact proceedings. I beg to ask leave to withdraw the amendment.