My Lords, I regret to say to the noble Baroness, Lady Jones, that I do not agree with her amendment. I have discussed this with the President of the Family Division and with Lord Justice Ryder, who has been leading the modernisation of the family courts over a number of years—even when I was there, which is now eight years ago. This is one of the major planks of the Norgrove report. The president and Lord Justice Ryder, together with other judges, are extremely concerned about the idea that the 26-week limit should be breached. They see it as an opening for some judges simply to take longer. Certainly until very recently, we know that decisions have been taking 48 to 50 weeks. For a child to have to wait for a year for a decision on whether it can stay with the family or should go into care is half a year too long. This is what Norgrove wanted: dramatically to reduce the time.
The NSPCC has been lobbying me as well and I have heard the touching story, but I am afraid that I sent an e-mail saying that in this particular instance I do not agree. If one looks at Clause 14, which is the subject of this amendment, one can see that under new subsection (5) onwards, there is an opportunity for extensions of eight weeks. However, if there is an open book, there will be judges who allow it to remain open, whereas if you have to be ready to go back after each period of eight weeks, that has a marvellous effect on getting on with what needs to be done.
I also notice that under new subsection (9) the Lord Chancellor can change the 26-week period, while new subsection (10) states that the rules of court may provide for changes. I have absolutely no doubt that the rules committee and the senior judiciary, particularly the Family Division liaison judges on each of the circuits, will check on the designated family judges in the care centres. If there are cases where the decision has been too speedy, I have no doubt at all that the system will be able to see that, which provides an opportunity to decide at that stage whether there needs to be an extension. But, for the moment, I ask the Minister to stand firm on this one.
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