---

Children and Young Persons Bill [HL]

moved Amendment No. 41: 41: After Clause 16, insert the following new Clause— ““Duty to allow contact with siblings (1) The 1989 Act is amended as follows. (2) In section 34 (parental contact etc. with children in care), after subsection (1)(a) insert— ““(aa) his siblings;””. (3) In paragraph 15 of Schedule 2 (promotion and maintenance of contact between child and family), after sub-paragraph (1)(a) insert— ““(aa) his siblings;””.”” The noble Baroness said: I am bringing this amendment back because the debate we had in Committee indicated concern about this issue on all sides of the House. It is not that we doubt the Minister’s response; we accept that time and again guidance and directions make it clear that, except where it is not in the best interests of the child, high priority should be given to ensuring contact between a looked-after child and his siblings. Equally, it is clear from the evidence we have received that this is not happening. What is more, we also know that, when asked, the children themselves say that it is not happening but that it is one thing they would really like to happen. We are forced, therefore, to ask whether guidance is enough. Have we got to a point where there is so much prescription, so many codes of practice, regulations and guidance, that the professional fails to distinguish one from another and pays scant attention to the law—especially when, as there usually are, there are 101 other urgent jobs to be done that have far higher priority than sitting down and reading through reams of instructions on how best to do the job you have been doing for the past 10 or 20 years? We know that attention is paid to the actual letter of the law, which is why we would like to see Amendment No. 41, with the principle of sibling contact, in the Bill. It is the least intrusive amendment we could find that nevertheless makes that point. As the Minister said in his response to the series of amendments put forward in Committee, Section 34 and paragraph 15 of Schedule 2 to the Children Act 1989 already provide for contact orders and the promotion of contact between the child and his family. The amendments make it explicit that the family includes siblings. The new amendments which the Minister brought forward to replace Sections 7 through 10 in the legislation give high priority to placement with family and friends, and particularly stipulate that, where practicable, brothers and sisters who are looked-after children should be kept together and looked after together. However, as we know, that is often not practicable and sometimes not judged to be in the best interests of the child. We have already discussed the degree to which the weasel words ““reasonably practicable”” can let local authorities off the hook. I do not want to re-enter that debate, but it is important to note that placement is one thing and contact is another. When siblings are not placed together, or indeed when some children are left in the parental home while others are looked after, contact becomes important. That is where the proposed amendment would kick in, putting contact with siblings on a similar footing to contact with parents. I end by quoting the words in Grand Committee of the noble Lord, Lord Judd—I am sorry that he is not in his place to hear me quote him. He said—and it is so true: "““It is important that, wherever it can be done and the children so want it, every muscle should be stretched to ensure that the siblings can stay together. If that is impossible, not to have generous and practical arrangements for contact is a pretty sad state of affairs. It can also have very costly consequences””.—[Official Report, 14/1/08; col. GC 402.]" That is why we are pressing this little, but very important, amendment once again. I beg to move.