Clause 4 - Enforcement orders

Part of Children and Adoption Bill [Lords] – in a Public Bill Committee am 9:15 am ar 16 Mawrth 2006.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of David Kidney David Kidney PPS (Mr Elliot Morley, Minister of State), Department for Environment, Food and Rural Affairs 9:15, 16 Mawrth 2006

I recognise my hon. Friend’s concern; it is one about which I feel very strongly. The courts are reluctant to impose either of the existing enforcement powers—fines or going to prison for contempt of court—because they foresee a harm to the child. If they take away the caring parents’ money, the child’s care suffers. If the parents are taken away to prison, the child suffers. We politicians have been casting around for another punishment that the courts can apply to ensure compliance.

I very much support the idea of unpaid work. It is a really neat way of bringing home to people that they must obey court orders. I am all for standing up for the authority of court orders, and children should be brought up to believe that we should all obey court orders. It is not in a child’s best interests for a parent to say, “I am breaking court orders because I’m putting my interests before yours.”

I am all for unpaid work, but enforcement should not be about making contact take place—after all, we are talking about enforcement of the court order, however the punishment or the means of making the parent take account of it is phrased—so that the court order is effected. I am concerned about forcing contact between a child and a parent when issues regarding that child’s safety may have arisen during the proceedings which were missed by risk assessment on day one of the court case, and a parent, or the child themselves, has made them known to people in connection with the case.