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The Minister of State, Department for Education (Baroness Smith of Malvern) (Lab)

Speaking in the House of Lords on 20 May 2025

Debate

Children’s Wellbeing and Schools Bill

Contribution

I recognise that the intention of the noble Baroness, Lady Barran, is to test the extent to which family group decision-making can be used in other circumstances. I think it is a tribute to the significance and efficacy of family group decision-making that people are so keen to test where else it can be used in the process. I will respond to the two examples that the noble Baroness, Lady Barran, has identified and then address Amendment 17. As we have heard, Amendment 4 would extend family group decision-making and, I have to say, was ably opposed by the noble and learned Baroness, Lady Butler-Sloss, and the noble Lord, Lord Meston. I appreciate the intention of the noble Baroness, Lady Barran, in seeking to ensure that as many families as possible are offered the opportunity of family group decision-making, including those outside of public law proceedings. The Government recognise the importance of supporting families in private law proceedings. We want to help families resolve their issues quickly and without coming to court. That is why there are already requirements and processes—one of which the noble and learned Baroness talked about—that support families at this point. There is already a requirement, for example, that anyone wishing to make a private family law application must attend a mediation information and assessment meeting to discuss options to resolve their issue outside court, through mediation or other means. The Government also fund the family mediation voucher scheme, providing families £500 towards the cost of mediation. This scheme has helped nearly 40,000 separating parents. The noble and learned Baroness talked about other alternatives as well. On the Section 7 welfare report, the explanation was ably given by the noble Lord, Lord Meston, but my understanding is that, as a welfare report, it can be requested by the court in any family proceedings where there are concerns about the welfare of a child. It is mostly done in private court proceedings, by the local authority if it is involved or by Cafcass if not. I am not convinced, for many of the reasons we have talked about, that this would be an appropriate point to mandate a family group decision-making meeting. I hope the noble Baroness is reassured about the other routes for supporting families in these cases.

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