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1350855

registered interest
date	18/08/2021
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Probate
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, what steps his Department is taking to (a) tackle delays with probate applications and (b) improve communication between probate offices and applicants.
tabling member constituency	York Outer
tabling member printed	Julian Sturdy
uin	40870
answer	answer is ministerial correction date of answer 10/09/2021 answer text <p>The most recently published information regarding combined waiting times for a grant of probate, on paper and digital cases, covers January 2021 to March 2021 and is published on gov.uk via Family Court Statistics Quarterly (Table 25):</p><p><a href="https://www.gov.uk/government/statistics/family-court-statistics-quarterly-january-to-march-2021" target="_blank">https://www.gov.uk/government/statistics/family-court-statistics-quarterly-january-to-march-2021</a></p><p>Despite the unprecedented challenges faced by the probate service during the Covid 19 pandemic, and as a result of HMCTS increasing resources to meet demand, the average length of time taken for a grant of probate following receipt of the documents required has been maintained at between four to six weeks.</p><p>HMCTS continues to listen to user feedback and to invest in the improvement of the online Probate system to make it more accessible and easier for applicants to understand.</p><p>Improvements have also been made to communication routes. As of March 2020, all calls are now answered by the Courts &amp; Tribunals Service Centres, which are equipped with modern technology to monitor performance levels and make improvements to the service being offered.</p><p>Contact channels and operating hours have also been extended to meet user needs meaning the service can now be contacted via:</p><ul><li>webchat available at <a href="https://www.gov.uk/applying-for-probate/apply-for-probate" target="_blank">https://www.gov.uk/applying-for-probate/apply-for-probate</a> (Monday to Friday 8am to 8pm and Saturday 8am to 2pm).</li><li>telephone on 0300 303 0648 (Monday to Friday 8am to 6pm and Saturday 8am to 2pm).</li><li>email at contactprobate@justice.gov.uk</li></ul><p>For professional users, real time information about the progress of digital cases can now be obtained via the online Probate service without the need to contact HMCTS.</p> answering member constituency Croydon South answering member printed Chris Philp question first answered 10/09/2021 11:17:47 answering member 4503 label Biography information for Chris Philp
tabling member	4079 label Biography information for Julian Sturdy

1350861

registered interest
date	18/08/2021
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Probate: Standards
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, what steps his Department has taken to tackle delays in the probate system.
tabling member constituency	Battersea
tabling member printed	Marsha De Cordova
uin	41219
answer	answer is ministerial correction date of answer 10/09/2021 answer text <p>The most recently published information regarding combined waiting times for a grant of probate, on paper and digital cases, covers January 2021 to March 2021 and is published on gov.uk via Family Court Statistics Quarterly (Table 25):</p><p><a href="https://www.gov.uk/government/statistics/family-court-statistics-quarterly-january-to-march-2021" target="_blank">https://www.gov.uk/government/statistics/family-court-statistics-quarterly-january-to-march-2021</a></p><p>Despite the unprecedented challenges faced by the probate service during the Covid 19 pandemic, and as a result of HMCTS increasing resources to meet demand, the average length of time taken for a grant of probate following receipt of the documents required has been maintained at between four to six weeks.</p><p>HMCTS continues to invest in the improvement of the online Probate system which was developed as part of the wider HMCTS Reform Programme to further streamline ways of working resulting in a system that is simpler and easy to understand for applicants; is accessible; and more efficient and robust to run.</p><p>The introduction of digital systems and bulk scanning has proved vital during the Covid 19 pandemic, allowing HMCTS staff to continue to process incoming applications and allowing Court users to access Probate services remotely.</p><p>The Exela contract is managed in line with MOJ Policy for strategic contracts and is therefore subject to the highest levels of governance to ensure service delivery. More than half a million documents were scanned without error in 2020 and on the rare occasions where errors occur, the majority of documents are re-scanned within 24 hours of a request being made.</p> answering member constituency Croydon South answering member printed Chris Philp grouped question UIN 41220 question first answered 10/09/2021 11:32:37 answering member 4503 label Biography information for Chris Philp
tabling member	4676 label Biography information for Marsha De Cordova

1350862

registered interest
date	18/08/2021
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Exela Technologies: Probate
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, what assessment his Department has made of the role of Exela Technologies in the efficiency of the probate process.
tabling member constituency	Battersea
tabling member printed	Marsha De Cordova
uin	41220
answer	answer is ministerial correction date of answer 10/09/2021 answer text <p>The most recently published information regarding combined waiting times for a grant of probate, on paper and digital cases, covers January 2021 to March 2021 and is published on gov.uk via Family Court Statistics Quarterly (Table 25):</p><p><a href="https://www.gov.uk/government/statistics/family-court-statistics-quarterly-january-to-march-2021" target="_blank">https://www.gov.uk/government/statistics/family-court-statistics-quarterly-january-to-march-2021</a></p><p>Despite the unprecedented challenges faced by the probate service during the Covid 19 pandemic, and as a result of HMCTS increasing resources to meet demand, the average length of time taken for a grant of probate following receipt of the documents required has been maintained at between four to six weeks.</p><p>HMCTS continues to invest in the improvement of the online Probate system which was developed as part of the wider HMCTS Reform Programme to further streamline ways of working resulting in a system that is simpler and easy to understand for applicants; is accessible; and more efficient and robust to run.</p><p>The introduction of digital systems and bulk scanning has proved vital during the Covid 19 pandemic, allowing HMCTS staff to continue to process incoming applications and allowing Court users to access Probate services remotely.</p><p>The Exela contract is managed in line with MOJ Policy for strategic contracts and is therefore subject to the highest levels of governance to ensure service delivery. More than half a million documents were scanned without error in 2020 and on the rare occasions where errors occur, the majority of documents are re-scanned within 24 hours of a request being made.</p> answering member constituency Croydon South answering member printed Chris Philp grouped question UIN 41219 question first answered 10/09/2021 11:32:37 answering member 4503 label Biography information for Chris Philp
tabling member	4676 label Biography information for Marsha De Cordova

1350918

registered interest
date	18/08/2021
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Prosecutions: Coronavirus
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, what recent assessment he has made of compatibility of the Single Justice Procedure in respect of prosecutions under covid-19 related legislation and the right to fair trial principles.
tabling member constituency	Brighton, Pavilion
tabling member printed	Caroline Lucas
uin	40826
answer	answer is ministerial correction date of answer 10/09/2021 answer text <p>A case dealt with under the Single Justice Procedure is dealt with in the same way as any other case, except that a single magistrate can deal with it (rather than two) and the hearing need not be in public. The magistrate must comply with the same legislative safeguards as all other proceedings, and the Sentencing Council Sentencing Guidelines apply in the same way.</p><p> </p><p>The Single Justice Procedure is a quicker and more straightforward procedure, and there are a number of further safeguards built into the process to ensure a defendant’s right to a fair trial is protected. A defendant must agree to this procedure being used and they have the option to opt out of the Single Justice Procedure and have their case heard in open court, at any time before sentencing. A magistrate can also refer a case to open court if they deem it would not be appropriately dealt with using the procedure. Furthermore, if a defendant was unaware of the proceedings, they are entitled to make a statutory declaration which revokes the conviction and recommences the proceedings.</p> answering member constituency Croydon South answering member printed Chris Philp question first answered 10/09/2021 11:56:10 answering member 4503 label Biography information for Chris Philp
tabling member	3930 label Biography information for Caroline Lucas

1351167

registered interest
date	18/08/2021
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Immigration: Appeals
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, how many cases were waiting to be listed by the Immigration Appeal Tribunal on 31 August 2021.
tabling member constituency	Edmonton
tabling member printed	Kate Osamor
uin	41082
answer	answer is ministerial correction date of answer 10/09/2021 answer text <p>As at 31 March 2021 the number of cases without a hearing date:</p><p>a) In the First-tier Tribunal (Immigration and Asylum Chamber) was 17,334.</p><p>b) In the Upper Tribunal (Immigration and Asylum Chamber) was 1,086.</p><p> </p><p>These figures include appeals that have been adjourned following an initial hearing.</p><p> </p><p>The average waiting time from receipt to the first substantive hearing in the period April 2020 to March 2021</p><p>a) in the First-tier Tribunal (Immigration and Asylum Chamber) was 40 weeks</p><p>b) in the Upper Tribunal (Immigration and Asylum Chamber) was 17 weeks.</p><p> </p><p>Figures are provided for the most recent time period covered by official statistics.</p><p> </p><p>Since the outset of the coronavirus (COVID-19) pandemic steps have been taken to increase listing with the introduction of remote hearings and the return of face-to-face hearings in covid-secure tribunal buildings.</p> answering member constituency Croydon South answering member printed Chris Philp grouped question UIN 41083 question first answered 10/09/2021 11:40:39 answering member 4503 label Biography information for Chris Philp
tabling member	4515 label Biography information for Kate Osamor

1351168

registered interest
date	18/08/2021
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Immigration Appeal Tribunal
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, what the average time was between the submission of an appeal and a case being listed for a hearing in the Immigration Appeal Tribunal on 31 August 2021.
tabling member constituency	Edmonton
tabling member printed	Kate Osamor
uin	41083
answer	answer is ministerial correction date of answer 10/09/2021 answer text <p>As at 31 March 2021 the number of cases without a hearing date:</p><p>a) In the First-tier Tribunal (Immigration and Asylum Chamber) was 17,334.</p><p>b) In the Upper Tribunal (Immigration and Asylum Chamber) was 1,086.</p><p> </p><p>These figures include appeals that have been adjourned following an initial hearing.</p><p> </p><p>The average waiting time from receipt to the first substantive hearing in the period April 2020 to March 2021</p><p>a) in the First-tier Tribunal (Immigration and Asylum Chamber) was 40 weeks</p><p>b) in the Upper Tribunal (Immigration and Asylum Chamber) was 17 weeks.</p><p> </p><p>Figures are provided for the most recent time period covered by official statistics.</p><p> </p><p>Since the outset of the coronavirus (COVID-19) pandemic steps have been taken to increase listing with the introduction of remote hearings and the return of face-to-face hearings in covid-secure tribunal buildings.</p> answering member constituency Croydon South answering member printed Chris Philp grouped question UIN 41082 question first answered 10/09/2021 11:40:39 answering member 4503 label Biography information for Chris Philp
tabling member	4515 label Biography information for Kate Osamor

1351191

registered interest
date	18/08/2021
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Ministry of Justice: Food
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, what steps he has taken to encourage procurement of British produce within meals available for (a) staff of his Department and (b) people in his Department's care since 1 January 2021.
tabling member constituency	Ludlow
tabling member printed	Philip Dunne
uin	40780
answer	answer is ministerial correction date of answer 10/09/2021 answer text <p><strong>a)</strong> Meals for staff across the Department are primarily provided by each individual member of staff though some meals are available across the following environments, namely</p><p>- Prisons – the procurement of produce for such meals is similar to the provision of meals for people in his Department’s care;</p><p>- Other (Courts, Approved Premises, Training Centres, Offices, etc) – several of our locations have a limited catering facility where food is available from the third party operator.</p><p>Our third party provided service contracts include a requirement that all procured produce needs to comply with the Government Buying Standards, for example</p><p>- All food served must be produced in a way that meets UK legislative standards for food production, or equivalent standards.</p><p>- Catering contractors must ensure that food is verifiable as meeting these standards by either checking that farm inspection systems meet UK standards of inspection or their equivalent, or if not, that they are subject to an independent assurance system.</p><p>- At least 10% of the total monetary value of primary commodity (that is, raw ingredient) food and drink procured shall be inspected and certified to:</p><p>i) publicly available Integrated Production (IP) or Integrated Farm Management (IFM) standards that require the systematic and integrated management, at farm level, of: natural habitats and biodiversity, prevention and control of pollution, energy, water and waste, management of soils, landscape and watercourses and contain within their scope requirements that are consistent with the definition of Integrated Pest Management (IPM) contained in European Council Directive 2009/128/EC</p><p>or</p><p>ii) publicly available organic standards compliant with European Council Regulation 834/2007 on organic production and labelling of organic products.</p><p>Please note the 10% is of the total monetary value and can be made up of any combination of commodities allowing the procurer flexibility to find the best solutions for their circumstances.</p><p> </p><p><strong>b)</strong> Since 1 January 2021 we have embedded the Prison Bread contract that was openly competed in late 2020 culminating in award and go live in November 2020. This national contract ensures that all public sector prisons in England &amp; Wales, as well as privately managed prisons that opt to make use of this contract, have access to fresh bread that is 100% British.</p><p>Product provenance remains a key criterion when our contracted supplier of Prison Food adjusts their supply chain. Within this contract we continue to monitor spend on UK products every month and this has seen our spend increase on UK produce since the contract was awarded in 2017. At the time of contract award we were the first central government department to fully integrate the tools made available in support of the report by Dr Peter Bonfield titled - A Plan for Public Procurement. Elements of these tools have been deployed in 2021 on our Prison Retail Contract procurement exercise so that UK legislative standards for animal welfare, the environment and supply chain assurance all form part of the tender evaluation.</p><p>We continue to engage closely with other central government colleagues in order to refine policies and procedures that are aimed at supporting UK food producers. Earlier this week we engaged with the Future Food Framework/Buying Better Food*, led by Crown Commercial Service and supported by the South West Food Hub, on their delivery of a new dynamic approach to public sector food procurement which has locality at its heart.</p> answering member constituency Croydon South answering member printed Chris Philp question first answered 10/09/2021 13:00:06 answering member 4503 label Biography information for Chris Philp
tabling member	1542 label Biography information for Philip Dunne

1351364

registered interest
date	18/08/2021
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Probate
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, how long it takes on average to process a probate application.
tabling member constituency	Vale of Glamorgan
tabling member printed	Alun Cairns
uin	40900
answer	answer is ministerial correction date of answer 06/09/2021 answer text <p>The most recently published information regarding combined waiting times for a grant of probate, on paper and digital cases, covers January 2021 to March 2021 and is published on gov.uk via Family Court Statistics Quarterly (Table 25):</p><p><a href="https://www.gov.uk/government/statistics/family-court-statistics-quarterly-january-to-march-2021" target="_blank">https://www.gov.uk/government/statistics/family-court-statistics-quarterly-january-to-march-2021</a></p><p>Average time to grant issue for grants of Probate, England and Wales, quarterly Q3 2019 – Q1 2021<sup>1,2,3,6</sup></p><p> </p><table><tbody><tr><td colspan="8"><p><strong>Probate - All</strong></p></td></tr><tr><td colspan="2"><p>Application submission to grant issue</p></td><td colspan="2"><p>Document receipt to grant issue<sup>4</sup></p></td></tr><tr><td><p>Year</p></td><td><p>Quarter</p></td><td><p>Grants issued</p></td><td><p>Mean weeks</p></td><td><p>Median weeks</p></td><td><p> </p></td><td><p>Mean weeks</p></td><td><p>Median weeks</p></td></tr><tr><td><p>2019</p></td><td><p>Q3</p></td><td><p>53,403</p></td><td><p>9.5</p></td><td><p>8.0</p></td><td><p>9.5</p></td><td><p>8.0</p></td></tr><tr><td><p>2019</p></td><td><p>Q4</p></td><td><p>54,388</p></td><td><p>7.8</p></td><td><p>5.6</p></td><td><p>7.6</p></td><td><p>5.4</p></td></tr><tr><td><p>2020</p></td><td><p>Q1</p></td><td><p>49,706</p></td><td><p>6.7</p></td><td><p>4.3</p></td><td><p>6.5</p></td><td><p>4.1</p></td></tr><tr><td><p>2020</p></td><td><p>Q2</p></td><td><p>45,493</p></td><td><p>6.6</p></td><td><p>4.6</p></td><td><p>6.3</p></td><td><p>4.4</p></td></tr><tr><td><p>2020</p></td><td><p>Q3</p></td><td><p>60,221</p></td><td><p>6.7</p></td><td><p>4.9</p></td><td><p>6.0</p></td><td><p>4.4</p></td></tr><tr><td><p>2020</p></td><td><p>Q4</p></td><td><p>54,469</p></td><td><p>7.2</p></td><td><p>5.3</p></td><td><p>6.2</p></td><td><p>4.9</p></td></tr><tr><td><p>2021</p></td><td><p>Q1</p></td><td><p>57,620</p></td><td><p>7.7</p></td><td><p>4.4</p></td><td><p> </p></td><td><p>5.3</p></td><td><p>0.9</p></td></tr></tbody></table><p> </p><table><tbody><tr><td colspan="8"><p><strong>Probate - Digital</strong></p></td></tr><tr><td colspan="2"><p>Application submission to grant issue</p></td><td colspan="2"><p>Document receipt to grant issue<sup>4</sup></p></td></tr><tr><td><p>Year</p></td><td><p>Quarter</p></td><td><p>Grants issued</p></td><td><p>Mean weeks</p></td><td><p>Median weeks</p></td><td><p> </p></td><td><p>Mean weeks</p></td><td><p>Median weeks</p></td></tr><tr><td><p>2019</p></td><td><p>Q3</p></td><td><p>7,166</p></td><td><p>9.4</p></td><td><p>7.6</p></td><td><p> </p></td><td><p>9.0</p></td><td><p>7.1</p></td></tr><tr><td><p>2019</p></td><td><p>Q4</p></td><td><p>11,060</p></td><td><p>10.2</p></td><td><p>9.0</p></td><td><p> </p></td><td><p>9.2</p></td><td><p>8.3</p></td></tr><tr><td><p>2020</p></td><td><p>Q1</p></td><td><p>10,784</p></td><td><p>7.1</p></td><td><p>4.9</p></td><td><p> </p></td><td><p>6.0</p></td><td><p>3.7</p></td></tr><tr><td><p>2020</p></td><td><p>Q2</p></td><td><p>10,955</p></td><td><p>6.1</p></td><td><p>3.7</p></td><td><p> </p></td><td><p>4.7</p></td><td><p>2.1</p></td></tr><tr><td><p>2020</p></td><td><p>Q3</p></td><td><p>21,592</p></td><td><p>6.4</p></td><td><p>4.4</p></td><td><p> </p></td><td><p>4.3</p></td><td><p>2.6</p></td></tr><tr><td><p>2020</p></td><td><p>Q4</p></td><td><p>21,879</p></td><td><p>6.6</p></td><td><p>3.1</p></td><td><p> </p></td><td><p>4.2</p></td><td><p>0.3</p></td></tr><tr><td><p>2021</p></td><td><p>Q1</p></td><td><p>35,996</p></td><td><p>6.6</p></td><td><p>4.1</p></td><td><p> </p></td><td><p>2.9</p></td><td><p>0.0</p></td></tr></tbody></table><p> </p><table><tbody><tr><td colspan="8"><p><strong>Probate - Paper</strong></p></td></tr><tr><td colspan="2"><p>Application submission to grant issue</p></td><td colspan="2"><p>Document receipt to grant issue<sup>4</sup></p></td></tr><tr><td><p>Year</p></td><td><p>Quarter</p></td><td><p>Grants issued</p></td><td><p>Mean weeks</p></td><td><p>Median weeks</p></td><td><p> </p></td><td><p>Mean weeks</p></td><td><p>Median weeks</p></td></tr><tr><td><p>2019</p></td><td><p>Q3</p></td><td><p>46,237</p></td><td><p>9.6</p></td><td><p>8.1</p></td><td><p> </p></td><td><p>9.6</p></td><td><p>8.1</p></td></tr><tr><td><p>2019</p></td><td><p>Q4</p></td><td><p>43,328</p></td><td><p>7.2</p></td><td><p>4.7</p></td><td><p> </p></td><td><p>7.2</p></td><td><p>4.7</p></td></tr><tr><td><p>2020</p></td><td><p>Q1</p></td><td><p>38,922</p></td><td><p>6.6</p></td><td><p>4.1</p></td><td><p> </p></td><td><p>6.6</p></td><td><p>4.1</p></td></tr><tr><td><p>2020</p></td><td><p>Q2</p></td><td><p>34,538</p></td><td><p>6.8</p></td><td><p>4.7</p></td><td><p> </p></td><td><p>6.8</p></td><td><p>4.7</p></td></tr><tr><td><p>2020</p></td><td><p>Q3</p></td><td><p>38,629</p></td><td><p>6.9</p></td><td><p>5.1</p></td><td><p> </p></td><td><p>6.9</p></td><td><p>5.1</p></td></tr><tr><td><p>2020</p></td><td><p>Q4</p></td><td><p>32,590</p></td><td><p>7.6</p></td><td><p>6.3</p></td><td><p> </p></td><td><p>7.6</p></td><td><p>6.3</p></td></tr><tr><td><p>2021</p></td><td><p>Q1</p></td><td><p>21,624</p></td><td><p>9.4</p></td><td><p>7.7</p></td><td><p> </p></td><td><p>9.4</p></td><td><p>7.7</p></td></tr></tbody></table><p><strong>Source: HMCTS Core Case Data</strong></p><p><strong>Notes:</strong></p><p> </p><p>1) HMCTS Core Case Data came into effect at the end of March 2019, following a transition between data systems recording information regarding The Probate Service</p><p>2) The average timeliness figures are produced by calculating the time from application/document receipt (which may be from an earlier period) to the grant issued made in that period. Currently grants being issued on the same day as the application submission/document receipt are being calculated as 0 days. This is being reviewed as to whether it is an accurate reflection of workload and may be adjusted in future</p><p>3) Some averages presented here may be based on a small number of grants. Where this occurs, any conclusion drawn from these will be limited</p><p>4) Document receipt occurs after payment has been made and all accompanying paperwork has been received by HMCTS. As such, it does not reflect the entire case journey from when an application is submitted by the user to when a grant is received. Instead these figures reflect the timeliness from when HMCTS staff are able to start working on the case. The aspects not included in these timeliness measures include (but are not limited to); time taken to scan and upload documents to the management system (for paper items), and check that these items are of good enough quality to proceed. For the timeliness figures for stopped cases, the figures will further exclude time taken to resolve those issues mentioned in footnote 6 below</p><p>6) A probate application can be stopped for several reasons: a caveat can be entered when there’s a dispute about either who can apply for probate or issues with a will or proposed will, or if an error is identified and a request for further information is made</p><p>Despite the unprecedented challenges faced by the probate service during the Covid 19 pandemic the average waiting for a grant of probate following receipt of the documents required has been maintained at between four to six weeks.</p><p>More recent management information published by HMCTS (which does not go through the same level of quality assurance and analysis as the Family Court Statistics Quarterly) provides waiting time information up to June 2021 for grants of probate as well as letters of administration with/without a Will annexed and reseals. This shows that the waiting time on digital grant of probate applications, which are not stopped due to errors or missing documentation, is between two and three weeks for June 2021 where paper cases, not stopped, took around five weeks in June 2021.</p><p><a href="https://www.gov.uk/government/statistical-data-sets/hmcts-management-information-june-2021" target="_blank">https://www.gov.uk/government/statistical-data-sets/hmcts-management-information-june-2021</a></p> answering member constituency Croydon South answering member printed Chris Philp question first answered 06/09/2021 16:26:38 answering member 4503 label Biography information for Chris Philp
tabling member	4086 label Biography information for Alun Cairns

1351379

registered interest
date	18/08/2021
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Family Courts
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, what guidance is in place for family courts to ensure meaningful contact for children and parents.
tabling member constituency	Shipley
tabling member printed	Philip Davies
uin	40789
answer	answer is ministerial correction date of answer 10/09/2021 answer text <p>Section 1 of the Children Act 1989 sets out that the welfare of the child is the court’s paramount consideration. This fundamental principle applies when the court is making a decision with respect to contact arrangements for children.</p><p> </p><p>Section 1 also provides that in such cases, the court is to presume that involvement of each parent in the life of the child will further the child’s welfare, unless there is evidence to suggest that involvement of a parent would put the child at risk of suffering harm. Involvement can be direct or indirect. The Government is currently undertaking a review of the courts’ application of this presumption and its exception, and its impact on children.</p><p> </p><p>Judges are also guided in their decision-making by the ‘Welfare Checklist’ set out in the Children Act 1989. This guidance is not exhaustive but requires the court to consider factors such as the ascertainable wishes and feelings of the child (considered in light of the age and understanding of the child), the range of powers available to the court, risk of harm, and the likely effect on the child of any change in their circumstances.</p><p> </p><p>‘Contact’ can mean direct or indirect contact between a child and a parent. The court will determine appropriate contact arrangements in the light of all of these provisions and in all the circumstances of the individual case.</p><p> </p><p>Family Procedure Rules (FPR) and Practice Directions (PDs) also provide supplementary rules and direction to courts in their determination of contact questions between children and parents.</p> answering member constituency Croydon South answering member printed Chris Philp question first answered 10/09/2021 12:06:33 answering member 4503 label Biography information for Chris Philp
tabling member	1565 label Biography information for Sir Philip Davies

1349444

registered interest
date	22/07/2021
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Judiciary
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, what recent steps he has taken to uphold and protect the independence of the judiciary.
tabling member constituency	Putney
tabling member printed	Fleur Anderson
uin	38427
answer	answer is ministerial correction date of answer 10/09/2021 answer text <p>The Lord Chancellor is committed to his statutory duty under the Constitutional Reform Act 2005 to defend judicial independence. An independent judiciary is one of the cornerstones of the United Kingdom’s constitution and vital to the proper functioning of our democracy based on the rule of law. Judges must be free to make their judicial decisions without being subject to interference by Parliament or the executive.</p><p>The Lord Chancellor is consistently clear on the importance of an independent judiciary both privately and publicly including when answering questions about the importance of parliamentarians respecting judicial independence to the House of Commons Justice Committee in December 2020; and in his recent speeches at Queen Mary University in March 2021 and at the Lord Mayor’s Dinner for HM Judges in July 2021.</p> answering member constituency Croydon South answering member printed Chris Philp question first answered 10/09/2021 12:08:37 answering member 4503 label Biography information for Chris Philp
tabling member	4788 label Biography information for Fleur Anderson