Tuesday 18th October 2016
(8 years, 2 months ago)
Lords ChamberChildren and Social Work Act 2017 Read Hansard Text Amendment Paper: HL Bill 57-I(a) Amendments for Report, supplementary to the marshalled list (PDF, 70KB) - (18 Oct 2016)
18:26 - Division on Amendment 13 - Ayes: 179 / Noes: 188 - Amendment 13 disagreed.
This text is a record of ministerial contributions to a debate held as part of the Children and Social Work Act 2017 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Parliamentary Under-Secretary of State, Department for Education (Lord Nash) (Con)
My Lords, in Committee, quite rightly, we had a substantive debate about the importance of the mental health of looked-after children and care leavers. The Government share the views of noble Lords about the need to ensure that the mental health and emotional well-being of this vulnerable group of children and young people are given as much consideration as their physical health. As my honourable friend the Minister for Vulnerable Children and Families explained when he met Peers last week, we have reflected on the points raised in Committee. As a result, we have tabled an amendment to Clause 1 to put beyond doubt that promoting the health and well-being of looked-after children and care leavers will mean promoting their mental and physical health.
Lord Ramsbotham (CB)
My Lords, I shall speak to Amendment 4. I am very glad that the Government have tabled Amendment 1, which is the burden of much of the intention behind my Amendment 4, although my amendments spell out some of the mental health descriptions, which, under the heading of mental health needs, are not always apparent.
Perhaps I may start with a plea to the Minister that in future, Bills be handled differently from the way in which this one has been. We got extremely short notice of Second Reading immediately after the Queen’s Speech and then, immediately before Grand Committee, we were bombarded with documents, papers and briefings. Those of us who have no research or clerical support, for example, have to spend a considerable amount of time perusing those in order to understand what is being said so that we can play our part in the purpose of this House, which is to revise and scrutinise legislation.
We complained about that in Grand Committee but, lo and behold, during the short return between the two recesses we again received a number of briefings and letters, and this past week has been absolutely mad. Ministers gave three government briefings last Wednesday. I am not complaining about that, but I ask Ministers to remember that others have diaries and that it is not always possible to change with the rapidity that is expected. Also, there has again been a deluge of government amendments, government briefings and government papers, which suggests to me two things: first, that the Bill was not properly thought through before it was introduced; and, secondly, bearing in mind what was said in Grand Committee, that no impact assessment of any of the measures was carried out—a complaint we have made several times before. An impact assessment does not just say that you either do it or not. It should consist of an analysis of the outcomes of doing it or not, so that those of us not coming at it from a party-political angle can make judgments based on the facts as they are given.
What has also disturbed me during the passage of the Bill is the number of practitioners, including organisations such as the Association of Directors of Social Services, and others working in children’s services, who have tabled amendments and made appeals because they do not feel that they have been consulted, or, if they have, that any of their advice or experience has been listened to. That is really not a healthy basis for important legislation about vulnerable children.
The other thing that has come through strongly—I am very glad that the Government have tabled Amendment 1, because it reinforces the point—is that unfortunately, since the demise of the Social Services Inspectorate, responsibility for children’s social care has passed to the Department for Education. Yet when you talk to the people working in the delivery of children’s services, you find that most of the problems they face are more to do with health, emotion, behaviour and well-being than education. Indeed, preparing children so that they are in a fit state to be educated—mentally as well as in every other way—occupies a great deal of their attention. I am worried that more emphasis is placed on the educational direction of social work and that there is not a more apparent cross-government approach, working with the health industry in particular.
Amendment 4 is designed to spell out in more detail the conditions that children in care and other vulnerable children present. It is based on a paper published by the British Psychological Society in 1915 called, Children and Young People with Neuro-Disabilities in the Criminal Justice System. Unfortunately, we have become used to using the phrase “learning disability”, which carries an understanding of a more serious lack of ability to comprehend than some of the conditions in the amendment. The reasons for this go back to the marvellous paper prepared by Baroness Warnock way back in the 1970s in which she spelled out conditions warranting special educational needs status and therefore special treatment. That list was by no means exhaustive but since her paper there has been a great deal more research, and there is now a great deal more understanding of the various conditions grouped together under the phrase “neurodisability”, such as ADHD, dyslexia, and autism. I am strongly of the belief that all of these conditions—which have now been listed by the British Psychological Society—should be better understood. You need only go and talk to the director of a children’s home to find that it is those conditions that give them greatest trouble.
I am very glad that since Grand Committee, there has been a meeting between officials in the Department for Education and the Royal College of Speech and Language Therapists. In Grand Committee, I spelled out the need for the assessment of speech, language and communication difficulties on the grounds that inability to communicate is the scourge of the 21st century and means that too many of our children are unable to communicate with their teachers and therefore engage with education. There is now an assessment programme, carried out, I hope, for all children in this country before the age of two by health visitors who have been trained by speech and language therapists. The aim is to ensure that a plan can be made to introduce treatment that will enable that child to engage with education in five years’ time, when they start primary school.
Officials from the department have also spoken with the National Association of Virtual School Heads, which I must admit I had not heard of—I was slightly worried when I saw the word “virtual”, because I thought that either you are a school head or you are not. Apparently, however, the virtual school heads have a very valuable role in this area, as does the expert working group on mental health.
I am glad that the Royal College of Speech and Language Therapists has been brought in. They are the best people to advise on looking after children and to advise the Government on how to ensure that children, and those working with them, have access to the communication services they so badly need, particularly children suffering from neurodisability orders. Therefore, I am seeking in this amendment the Minister’s undertaking that, in addition to the bald statement in Amendment 1 about improving access to mental and physical health treatment, he will agree to spell out the conditions that so dominate the lives of those responsible for delivering children’s services and ensure that local good practice—which I know his officials are aware of, because it has been listed to them by the Royal College of Speech and Language Therapists—is turned into national good practice, so that all children can take advantage of what has been done in some parts of the country.
Lord Mackay of Clashfern (Con)
My Lords, I wonder how the Government’s amendment can be carried out without giving effect to the other amendments in this group. Amendment 1 has the effect of requiring that in carrying out its functions, a local authority must,
“have regard to the need … to act in the best interests, and promote the physical and mental health and well-being, of those children and young people”.
How one could promote their health without knowing what they may need in the way of health I cannot understand. Therefore I assume that these amendments are all covered by the generality of the words in Clause 1(1)(a) as amended.
Lord Nash
My Lords, I start by responding to the point made by the noble Lord, Lord Ramsbotham, about the preparation for the Bill and consultation. The Bill has been very widely consulted on, and impact assessments have been conducted, including a full assessment in respect of children’s rights. Ministers and officials meet regularly with representatives of local authorities and the voluntary sector to discuss all aspects of the Bill, and their views are always listened to very carefully. In relation to the provisions on looked-after children and care leavers, we have spoken to the ADCS, the LGA and approximately 20 local authorities on the corporate parenting principles and local offer. Our thinking was also informed by eight meetings of care leavers organised by voluntary sector organisations as we developed Keep on Caring. However, I take the noble Lord’s point about, at certain times, the rush of correspondence and the flurry of activity, for which I apologise. It has not been easy for any of us, and I will take his points back, again, and ensure that they are taken very seriously.
I now turn to the amendment in the name of the noble Baroness, Lady Tyler, which would place a duty on local authorities to promote the mental health of looked-after children and care leavers. I am grateful to the noble Earl, Lord Listowel, to my noble friend Lord O’Shaughnessy, to the noble Lords, Lord Warner, Lord Watson and Lord Judd, to the noble and learned Lord, Lord Mackay of Clashfern, and to the noble Baronesses, Lady Murphy and Lady Benjamin, for their contributions to today’s debate.
All mental health-related amendments have been discussed with the co-chairs of the expert group for mental health for looked-after children. One of the co-chairs, Alison O’Sullivan, attended a meeting with some noble Lords in September to present the work plan and ambition for its care pathway project. Assessment, and how children access the right support, will be at the very heart of its work. The next stage of the group’s work will see the development of options for a care pathway along with models of care and quality indicators for the mental health of looked-after children. A care pathway is an evidence-based journey that outlines possible treatment options, timescales and the professionals involved in a person’s care. It will consider, explicitly, the pros and cons of carrying out a full mental health assessment on entry to care.
The expert group plans to share the evidence base behind the chosen models and the pathway with interested parties, including noble Lords, in the spring. We are committed to acting on the findings of the expert group, and will fully consider all the recommendations it makes, including any recommendations to legislate. Every local authority is already under a duty to safeguard and promote the welfare of the children it looks after. That means not just keeping them safe but considering their emotional well-being. Looked-after children already must regularly receive a comprehensive health assessment by a registered medical professional on entry into care.
Where there is concern about possible mental health or special educational needs issues which require further investigation, local authorities must ensure the appropriate professionals undertake necessary next steps. Access to NHS services is based on the clinical needs of each individual. The current approach of undertaking further specialist assessment where there is an established need allows resources to be targeted appropriately.
Transition between children’s and adult mental health services needs to be managed effectively. However, prescribing the age at which a young person leaves CAMHS fails to recognise looked-after children as individuals with varying needs. NHS guidance is clear that the transition must be carefully planned with the young person and should take place at the time which is right for them. Services should, wherever possible, accommodate this flexibility.
Co-operation between local authorities and clinical commissioning groups is vital. That is why CCGs are relevant partners under Section 10 of the Children Act 2004 and must co-operate with local authority arrangements to promote the welfare of children. That includes those looked after and care leavers in their area. Innovation projects such as No Wrong Door in North Yorkshire show what can be achieved through multiagency team approaches.
There are numerous examples of joint working across local authority and mental health teams: North Tyneside, Kensington and Chelsea, Croydon, Hartlepool, Sheffield and Trafford to name but a few. So what we want to see is already happening, but just not everywhere. Through initiatives like the Innovation Programme, the Government are supporting this work and will be helping the wider sector to learn about what really works in this area. Services are improved through better planning and commissioning. The needs of this vulnerable group should be addressed through local health and well-being boards and the local transformation plans that all CCGs have produced with local authorities, together with other local partners.
I completely agree with the importance to be placed on identifying and responding to the mental health needs of children in care. That is why, as I have said, every looked-after child is subject to regular physical and mental health screenings. Where any potential issues are identified, a more intensive specialist mental health assessment should be pursued. But we must remember that around 50% of looked-after children have a mental health problem; 50% do not require intensive specialist assessment—these assessments should be used where there is cause for further investigation, not indiscriminately. As I say, if the expert group on mental health recommends that we reconsider this position, we will do so, properly considering all its recommendations, including legislation.
The noble Baroness, Lady Tyler, clarified some of her concerns and who she proposes would carry out these assessments, which I personally found extremely helpful. I will commit not only to meet her to discuss this matter, but also to try to ensure that the co-chairs of the expert group are also at that meeting to listen to and discuss her points.
I turn to the amendment from the noble Lord, Lord Ramsbotham, which focuses on the needs of looked-after children and care leavers with neurodevelopmental disorders or neurodisability needs. The ability to communicate in order to access learning and improve life chances is something to which the noble Lord is deeply committed. The Government share that commitment, both to looked-after children and care leavers and those with special educational needs. However, we need to take a proportionate and targeted approach to assessing and meeting needs.
The amendment includes a long list of issues that a proposed mental health assessment should cover, all of which may require a specialist assessment. We do not think that screening all children for every condition on that list is appropriate, with children only being sent for specialist assessment where the earlier general assessment has indicated this is necessary. An assessment framework for looked-after children and young people is already in place to ensure their needs are addressed.
Lord Hunt of Kings Heath
I am grateful to the noble Lord for giving way. I am trying to work out whether he has agreed that the issue about mental health assessment can be brought back on Third Reading.
Lord Nash
Well, I have committed to having a meeting with the noble Baroness, Lady Tyler, and the co-chairs of the expert group, to discuss this further. We believe it would be inappropriate to bring this forward now in advance of the expert group making its findings, but it would be helpful if the noble Baroness spoke to the group about her concerns and its direction of travel, and then we can discuss this issue in more detail.
I was dealing with the issues raised by the noble Lord, Lord Ramsbotham. For looked-after children and young people there is already an assessment framework in place to ensure their needs are addressed. This focuses on the whole child’s needs: physical, mental, emotional and behavioural development as well as identity, relationships and social presentation and self-care skills. It draws on expertise from health and education partners and is sufficiently comprehensive to identify children with unmet needs who require further specialist assessment. Where children have or are suspected to have special educational needs or disabilities, social workers should be working with professionals who are experts in addressing those needs and identifying the support needed.
The central approach that underpins the Special Educational Needs and Disability Code of Practice is to use the term “children with learning difficulties”. It is a very broad term, to be applied to any child who has difficulty with learning for whatever reason, including neurodisabilities. It is also intended to identify social, emotional and behavioural issues that are hard to screen for because they are context-based and develop over time.
Under Section 20 of the Children and Families Act 2014, a child or young person has special educational needs if he or she has a learning difficulty or disability that calls for special educational provision to be made for him or her. That definition includes any condition that amounts to a neurodisability, such as autism or dyslexia. The statutory guidance for virtual school heads emphasises this and stresses the importance of the social care and SEND professions working together so that referrals can be made in a timely way and the right support put in place. To that end the department has, for example, been working with the Communication Trust, a consortium of over 40 voluntary and community sector organisations active in the field of speech, language and communication, to build on existing resources and programmes to ensure that practitioners are supported, and to suggest new opportunities to meet the needs of children and young people with speech and language difficulties.
Lord Warner
I am sorry to interrupt the Minister’s flow, but I am puzzling over what he has just said about the amendments from the noble Lord, Lord Ramsbotham, and whether the thrust of those is going to be included in statutory guidance, particularly covering all the conditions set out in Amendment 5. He seemed to be quite encouraging about this, but perhaps he could clarify whether that will be covered in statutory guidance.
Lord Ramsbotham
I thank the Minister for what he has said, but it is not assumed that everyone should be assessed for all these conditions. Rather, they were not recognised in Warnock and have therefore not been recognised as specific conditions in the criteria for special educational needs. It is merely listing them as those that should be included in the SEN description in future.
Lord Nash
I think we can do that. I am happy to discuss this further with the noble Lord but, as I understand it, we are proposing to list them as conditions and draw practitioners’ attention to them. As I was saying, I am reluctant to do anything further on this in relation to mental health until the expert group has met, but I invite the noble Baroness, Lady Tyler, to meet that group.
Baroness Walmsley
I am sorry to interrupt the Minister again, but I would like him to clarify what he was saying to my noble friend Lady Tyler. He mentioned that if the expert group says that the gist of what she is recommending should be in place, the Government will be prepared to legislate. Legislative opportunities being so few and far between, can he assure the House that a suitable vehicle, in the form of a Bill, will be available in this Parliament to achieve that, should the expert group make that recommendation?
Lord Nash
I am not authorised to make that assurance or to predict future legislation standing here. However, we have appointed these experts, we know what their direction of travel is and we will listen very carefully to all their recommendations, including on future legislation. Obviously, when I say “future”, I mean that if they make recommendations, we would like to get on and legislate, where appropriate, as soon as possible. However, it would be helpful if the noble Baroness, Lady Tyler, had further conversation with the co-chairs.
Lastly, I thank the noble Earl, Lord Listowel, for his comments about Clause 29. Of course, we are not due to consider amendments to that clause today. The Government have tabled several amendments to address points made in Committee, and I encourage noble Lords to give them proper consideration before we have a full discussion of that clause in some weeks’ time. I am happy to have further discussions on this with noble Lords in the interim; it would be very helpful to discuss this clause in more detail. I also thank my noble friend Lord Faulks for clarifying the point raised earlier by the noble Lord, Lord Lester. I hope and trust that what I have said—particularly on the amendment on the corporate parenting principle—will reassure the noble Lord, Lord Ramsbotham, and the noble Baroness, Lady Tyler, and persuade them not to move their amendments.
Baroness Bakewell of Hardington Mandeville (LD)
My Lords, I support Amendment 9. Subsection (1) of the new clause proposed in it refers to subsection (2). Clause 1(2)(c) of the Bill refers to,
“persons aged under 25 who are former relevant children within the meaning of”,
the Children Act, and it is that part of the Bill that I wish briefly to address.
I agree completely with the noble and learned Lord, Lord Mackay of Clashfern, about the importance of relationships to children and young people. On Thursday last week, I attended a briefing organised by the noble Earl, Lord Listowel, and the Children’s Society at which I heard from two care leavers, both of whom spoke very passionately about their experiences. One young lady, who was 18, has now left care. However, she was removed from her foster placement one day after her 18th birthday, which seems unnecessarily hasty and somewhat insensitive. To date, no personal adviser has been appointed for her and she has no one to officially advise her. She made the very valid point that she and others in care really need advice, particularly on their likely financial responsibilities, before they reach 18 and not afterwards, as all money stops at 18. I will return to this aspect of financial advice in later amendments.
It is important that children in local authority care have someone they can turn to at all times. Children not in care have parents and relatives whom they can turn to and confide in. Looked-after children deserve parity with their peers, and I fully support the amendment tabled by the noble and learned Lord, Lord Mackay, and the noble Lord, Lord Warner.
Lord Nash
I am grateful to my noble and learned friend Lord Mackay, the noble Earl, Lord Listowel, and the noble Lord, Lord Warner, for their amendments on promoting stable relationships between looked-after children and care leavers and their families and those who care for them.
I am pleased to reassure the House that local authorities already have robust duties to promote and maintain contact between looked-after children, their families and people significant to the child. There are also staff in local authorities and children’s homes with a clear responsibility to promote individual children’s well-being and to build strong relationships with them.
Helping young people maintain positive relationships is a vital part of corporate parenting. Doing so will enable local authorities to comply with several principles; for example, those relating to acting in the child’s best interests and promoting their health, encouraging children to express their wishes and feelings, and to be safe and have stability in their relationships. Maintaining positive relationships is part of promoting children’s best interests and arrangements need to be based on children’s needs and wishes. Existing legislation and statutory guidance strongly support this.
The presumption that contact between children and their family should be maintained while a child is being looked after is already set down in paragraph 15 of Schedule 2 to the Children Act 1989. The Act requires local authorities to promote contact with parents, relatives and those connected with the child, provided it is consistent with the child’s welfare.
Statutory guidance on care planning, placement and case review is also clear. Children’s welfare is the paramount consideration in determining contact and the care plan for a looked-after child must set out the arrangements made for contact with parents, anyone with parental responsibility or any other connected person. The guidance also makes clear that children’s wishes and feelings regarding contact should be taken into consideration. As part of children’s case reviews, independent reviewing officers must speak to children before the review meeting to ascertain their views, wishes and feelings. This gives children a chance to express any concerns, including with their contact arrangements, so the review can take these into account.
I agree with noble Lords that looked-after children, including those in residential care, should be supported by professionals who promote their well-being and have clear accountability for this. At local authority level, all looked-after children have an allocated social worker and an IRO who are responsible for their well-being and development.
The noble and learned Lord, Lord Mackay, rightly highlights the need for children in residential care to have a strong relationship with at least one member of the home’s staff. I entirely agree with him that an ongoing, trusted and stable relationship is really important for these young people. Although it is not mandatory, it is common practice for homes to appoint a key worker for each child. This is a member of staff who has special responsibility for an individual child. The key worker role complements requirements on all staff to protect and build positive relationships with children. While there is no doubt that staff in this role can be a huge source of support for children, we do not believe that making it compulsory would be the right thing to do. Children’s homes have evolved greatly in recent years, both in their size and the approach they take to supporting children, and we strongly believe that they should have flexibility to shape the role and the support they provide to meet children’s individual needs and circumstances.
There are many examples of excellent practice, such as North Yorkshire’s No Wrong Door project. Here children’s wishes and feelings are taken into account by letting them choose their key worker after they get to know their staff. The key worker builds a strong relationship with them and, like a parent, advocates for them where necessary. At No Wrong Door, key workers support young people up to the age of 25, remaining a consistent point of contact as they move to independence.
We recognise that maintaining relationships can be a particular challenge for care leavers. That is why our care leaver strategy, published in July, set out our desire to test new models of support for those leaving care. The Family Finding model, for example, identifies a range of adults, including family members, ex-carers and professionals who have known the young person during their childhood and are prepared to make a lifelong commitment to the young person.
In addition, as the noble Earl, Lord Listowel, mentioned, in response to a recommendation in Sir Martin Narey’s review of residential care, we will introduce “staying close”, which will provide the benefits of “staying put” for those leaving residential care. “Staying close” will support continuation of the trusted relationship that the young person has developed with staff at their former residential home through to age 21. We are planning to invite local authorities to pilot “staying close” in the first instance, to enable us to better understand the costs and practicalities of providing this support.
While I support the very positive intentions behind the amendments, I believe that the way to address them is by continuing to develop effective practice rather than imposing new requirements on practitioners who need the space and flexibility to work out what is best for the children in their care. Though I have much sympathy for the emphasis noble Lords have given to the importance of stable relationships, I believe that this is something local authorities should be promoting through the local offer.
Baroness Lister of Burtersett
My Lords, I rise to speak in support of this amendment, especially in relation to unaccompanied migrant children. I will not repeat what I said in Committee, especially around the regularisation of immigration and citizenship status, but will simply emphasise—here echoing the noble Lord—its importance from the perspective of meeting our obligations under the UN Convention on the Rights of the Child.
In an earlier report, the Joint Committee on Human Rights, of which I was then a member, underlined the importance of access to qualified legal advice and representation to compliance with Article 12 of the convention, which stresses that children must be,
“provided with the opportunity to be heard in any judicial and administrative proceedings”,
affecting them. The Equality and Human Rights Commission highlighted this as a priority issue for implementing the concluding observations of the UN Convention on the Rights of the Child, to which the noble Lord referred. It calls on the Government to expedite the promised review of the LASPO Act to assess its impact on children. Here it is echoing the committee itself.
In yesterday’s Written Statement on the UNCRC the Minister for Vulnerable Children and Families encouraged colleagues to reflect,
“the voice of the child fully in the design and implementation of policy”.—[Official Report, Commons, 17/10/16; col 23WS.]
In the light of that, I hope the Minister will be able to respond positively to the amendment moved by the noble Lord, Lord Ramsbotham.
Lord Nash
My Lords, I am grateful to the noble Lord, Lord Ramsbotham, for this amendment and for his contribution and that of the noble Baroness, Lady Lister.
In local authorities where the ethos of corporate parenting is strongest—for example, in North Somerset and Trafford—the views of looked-after children and care leavers are at the heart of how local services are created and delivered. Along with the Minister for Vulnerable Children and Families, I applaud the way in which many local authorities, through their children in care councils and care leaver forums, listen and respond to the views and needs of this vulnerable group.
The corporate parenting principles are designed to ensure that the local authority as a whole has regard to the need to act in the best interests of the child whenever it carries out functions in relation to looked-after children or care leavers. Considering this together with the existing functions to ensure that the rights of children and young people are promoted, I do not believe that amending the principles in the way suggested is necessary. However, I am aware of the report on advocacy services for looked-after children by the Children’s Commissioner, which highlighted that 55% of looked-after children were unaware of their right to independent advocacy support. Local authorities have a duty to provide assistance for advocacy services for all looked-after children, children in need and children in care, and this includes making them aware of this provision. I do not believe that further legislation would help here.
We need to work directly with local authorities to improve good practice and raise awareness. I will commit to the noble Lord, Lord Ramsbotham, that we will do so. Some local authorities are already very good, but others are not; as the Children’s Commissioner made clear in her report. It is about raising the game of the poorer authorities to meet their existing responsibilities. Indeed, while I sympathise with the underlying intention behind the noble Lord’s amendment, I believe that it may risk introducing an unhelpful adversarial dimension to the relationship between children and young people and their local authority as corporate parent, which I am sure the noble Lord would not wish to see.
The framework for care planning and the transition from care to adulthood that exists already gives children and young people routes for voicing their views. These include court-appointed guardians, their social worker and a named IRO who follows their case, meets the child privately before the formal meeting to review his or her care plan, and also advises the court.
A key role of IROs is to resolve problems arising out of the care planning process. Every local authority should have a formal process for IROs to raise concerns and to ensure that those concerns are respected by managers. This is referred to in our guidance as the local dispute resolution process. An IRO has the statutory power to refer the case to Cafcass at any stage if he or she considers it appropriate to do so. He or she may consider it necessary to make a concurrent referral to Cafcass at the same time that he or she instigates the dispute resolution process. There is clear guidance on this point in the Children Act 1989 statutory guidance on care planning and in the IRO handbook. That handbook, which is statutory guidance that local authorities must comply with, also makes it clear that each local authority should have a system in place that provides IROs with access to independent legal advice. Skilled independent advocates who speak on behalf of looked-after children also work with the legal service. They provide the independent advice and assistance sought by this amendment.
Local authorities are required under Section 26A of the Children Act 1989, which deals with advocacy services, to make arrangements for the provision of assistance to looked-after children and care leavers for advocacy and representation support, and local authorities must make these arrangements known publicly, as they see fit. I am not therefore convinced that adding a further principle on a specific area as regards services or support, which is already the subject of a statutory duty, is necessary.
The corporate parenting principles and the needs articulated in Clause 1 are about improving the culture and ethos of local authorities so that, as far as possible, children are treated with care and as a good parent would, so that the children do not feel that they are being looked after by an impersonal corporate body. The way to do that is not to create expectations of legal representation for all looked-after children and care leavers when disputes can be resolved without escalating it to lawyers. That means using IROs and advocates effectively and making better use of children in care councils, which all local authorities will have. I hope that the noble Lord will feel sufficiently reassured to withdraw his amendment.
Lord Ramsbotham
My Lords, I am grateful to the Minister for that reply and to the noble Baroness, Lady Lister, for her comments and remarks. I am concerned by the content of the UNCRC’s fifth report because it repeats so many criticisms that were contained in the fourth report that do not appear to have been actioned. I am also particularly concerned about the change in status of immigrant children in care, which was included in the Immigration Act 2016. The comment that they lacked legal advice before they were deported is not something of which we should be very proud.
I hope, therefore, that in considering all the things that he has said to me, the Minister will go back and assess the local area legal provision, particularly relating to immigration, because I give notice that I shall raise this question again at Third Reading. In the meantime, I beg leave to withdraw the amendment.
Baroness Pinnock (LD)
My Lords, I draw the House’s attention to my interests as a councillor in the Borough of Kirklees and therefore a corporate parent, with whom the buck finally lands. We had a considerable debate in Committee, as the noble Lord, Lord Watson, said, because there was a lot of concern about having clarity of definition about corporate parenting principles. The noble Lord, Lord Ramsbotham, talked about the report of the noble Lord, Lord Laming, In Care, Out of Trouble, drawing attention to, “Less clarity leading to more inconsistencies”. That is precisely why, at this stage, there is an endeavour to find greater clarity in the corporate parenting principles laid out in the Bill as it stands.
I also suggest that we ought to support greater clarity because of the changing role of local authorities, given the financial pressures on them. It is also the right thing to do because it makes corporate parenting more effective. There has to be work across other public sector partners; those referred to in the amendment laid before us are the police and the health service. The reason for doing that is to ensure that those two bodies in particular have it as a priority in their planning and actions that they take note of the importance of corporate parenting when they meet young people who are in need of care, and who are sometimes—more often than we would like—brought to the attention of the law.
The third reason why we support the amendment proposed is because, in the principles as laid out, and as described by the Minister in Committee, everyone who is employed by a local authority is responsible as a corporate parent. My fear is that, if everybody is responsible, no one is. That is why I have argued consistently that we need to be clear about where the final responsibility lies.
We need to expand the definition of corporate parenting responsibilities to include other key public sector organisations, but also to have clarity within local authorities on where the final responsibility lies. In the words of the noble Lord, Lord Warner, it is always helpful to refresh requirements in earlier legislation because it brings it to the attention of professionals that this is a matter on which legislators place great importance. With those words, I support wholeheartedly Amendments 6 and 7.
Lord Nash
My Lords, I am grateful to the noble Lords, Lord Watson and Lord Warner, for the opportunity to discuss the most effective way of ensuring that partner agencies support local authorities in fulfilling their role as corporate parents, and grateful to them and the noble Baroness, Lady Pinnock, for their contributions to today’s debate.
Legal responsibility and accountability for looked-after children and care leavers rests with local authorities. We believe that maintaining this clear accountability is right to protect vulnerable young people. As such, it is important that the law is clear that local authorities are the corporate parents for looked-after children and care leavers. Section 10 of the Children Act 2004 already places a robust and clear statutory duty on local authorities to,
“make arrangements to promote co-operation”,
to improve the well-being of local children and care leavers in relation to,
“physical and mental health and emotional well-being … protection from harm and neglect … education, training and recreation”,
the contribution made by children to society, and “social and economic well-being”. The partners listed in Section 10 include the agencies necessary to support vulnerable children properly. This includes those listed in this amendment, such as health bodies and the police, but also organisations such as schools and further education institutions that local authorities consider appropriate.
I absolutely agree that partner agencies must be aware of their duties to co-operate with authorities to improve and have regard to children’s welfare under Sections 10 and 11 of the Children Act 2004. However, in practice, to fulfil these duties effectively local authorities would have to make relevant partner agencies aware of their obligations under Sections 10 and 11, so these amendments simply duplicate what is already legally required or necessary in practice to meet existing requirements regarding looked-after children and care leavers. I should add that, crucially, Section 10 goes wider than the amendment of the noble Lord, Lord Watson, as it also places a reciprocal and direct duty on partner agencies to co-operate with local authorities in this regard. Moreover, Section 11 of the Children Act 2004 places a direct duty on the bodies it lists to make arrangements to ensure that they have regard to the need to safeguard and promote the welfare of children when discharging their functions. Therefore, all the bodies within the scope of this provision will be required as of necessity to know about it.
When defining well-being, Section 10 actively addresses key areas where noble Lords rightly want assurance that all vulnerable children will receive high-quality support, such as mental health and emotional, social and economic well-being. This clear and holistic definition provides local authorities with a robust mandate for interagency co-operation to improve the wider well-being of children. Section 10 gives local authorities a strong lever to get the local co-operation needed properly to support vulnerable children and young adults in key aspects of life. The corporate parenting principles provide a further lever for local authorities to engage with key partners and utilise Section 10 arrangements to co-operate to improve the well-being of looked-after children and care leavers.
The fourth principle, in particular, provides for local authorities to have regard to the need to help looked-after children and care leavers access and make the best use of services provided by the local authority and relevant partners. Strong interagency working, underpinned by Section 10, will be crucial to achieving this. The statutory guidance on the corporate parenting principles will emphasise it. It is also important to recognise that there are numerous examples of local authorities and other agencies already working effectively together in the interests of looked-after children and care leavers.
In his report Residential Care in England, Sir Martin Narey refers to the protocol between 10 local authorities and four police services. The protocol aims to reduce the prosecution of children wherever possible by encouraging the use of restorative justice approaches. Trafford provides another good example of strong interagency working. Here, collocation of social workers with health staff and child and adolescent mental health services supports good access to services.
What Peers are seeking to achieve across the country—indeed, what we want—is already happening. It just needs replicating and this is about disseminating good practice and influencing hearts and minds. The corporate parenting principles aid that process because they apply to the whole authority and are intended to create a culture change. We recognise, of course, that, despite the existing legislation to promote interagency co-operation, practice is not always as consistent as it should be. We therefore plan to engage further with directors of children’s services on this issue with the aim of identifying other positive practice and disseminating it more widely.
Given the strength of the existing duties to co-operate under Section 10, our intention to reinforce this in the statutory guidance on the corporate parenting principles and to continue the drive to improve and embed effective practice, I hope the noble Lords, Lord Watson and Lord Warner, will feel reassured enough to withdraw their amendments.
Lord Warner
My Lords, I think it is a missed opportunity, but I am glad that the Minister is going to put some of this into statutory guidance. In the meantime, I beg leave to withdraw my amendment.
Baroness Tyler of Enfield
Will the Minister clarify that he will meet me before Third Reading to consider the issues I have raised?
Lord Mackay of Clashfern
My Lords, I do not propose to elaborate because we have already discussed this, but I want to take the opportunity to answer the point made by the Minister. It is in relation to the Barnardo’s release from the National Independent Visitor Development Project, dated 8 August 2016, that the figure of 97% is mentioned. I am a member of Barnardo’s but had nothing whatever to do with the preparation or publication of this report. It came as a rather sad message to me.
I am sorry that, due to the same sort of considerations that the noble Lord, Lord Ramsbotham, mentioned, I have not been able to attend the briefings that have been held because I have not been here, but I would be very happy to meet the Minister. I sincerely hope that, at least, the Government will be able to incorporate this amendment by way of guidance in the standard that they have set out. I beg to move.
Baroness Bakewell of Hardington Mandeville
My Lords, I speak briefly to Amendment 10 and to agree with the comments of the noble Lords, Lord Watson and Lord Warner. In the market town in my own area, the number of beds available for young people in the excellent Foyer has been reduced over recent years, and it is now in danger of actually closing. As well as providing excellent accommodation to allow young people, especially care leavers, to move on and gain independence, it has provided training, other support and a coffee bar. It is a great shame, to put it mildly, that such a facility should be closed because of the lack of funding for the number of beds there.
As the noble Lord, Lord Warner, who is much more experienced in this area than me, has said, young people, especially care leavers, are very vulnerable and they require adequate quality accommodation to meet their needs.
Lord Nash
My Lords, I am grateful to noble Lords for these amendments, which relate to the local offer for care leavers. Together, they seek to introduce a national minimum standard for the local offer and to place a duty on local authorities to provide suitable accommodation for all care leavers until the age of 21.
It is worth reminding ourselves what the local offer is intended to achieve. It is an opportunity for local authorities to set out in one place the services they provide to assist care leavers as they move into adulthood and independent living. In particular, it should include services relating to health and well-being, education and training, employment, accommodation and participation in society. The local offer must include both care leavers’ statutory entitlements, as well as the additional services and support that local authorities provide to meet the needs of care leavers in preparing for adulthood and independent living. The national minimum offer that the noble Lord seeks is, in effect, the statutory rights that all care leavers are entitled to, but we expect local areas to go beyond the statutory minimum and set this out in their local offer.
Under Clause 2, before publishing their local offer or any revised version of it, local authorities must consult care leavers, as well as any other persons or bodies who are representative of care leavers. I do not believe that prescribing a national minimum standard setting out the services that must be included under the local offer is the right way forward. It would mean central government deciding what is best for care leavers in their local area, rather than the local authorities and care leavers themselves. A set of minimum standards could serve to limit innovation and creativity, rather than to drive the improvements that we all want to see. We have already seen innovation and creativity in the best local authorities with a strong corporate parenting ethos and a care leaver local offer in place, such as North Somerset, Southwark and Trafford.
Turning to the specific duty proposed in Amendment 10, I reassure noble Lords that local authorities are already responsible for providing suitable accommodation to all care leavers aged 16 to 17. “Suitable” is defined in statutory guidance, which makes it clear that bed-and-breakfast accommodation is not a suitable option and must be used only in exceptional circumstances and for no more than two working days.
When care leavers reach the age of 18, local authority care teams are responsible for helping them to access suitable accommodation. The latest data for the year ending March 2016 show that only 7% of care leavers aged between 19 and 21 were in accommodation deemed unsuitable.
There are a range of accommodation options for care leavers aged 18 or above. As we have already discussed, we introduced “staying put”. As I am sure the noble Earl, Lord Listowel, who is not in his place, would be pleased to hear, the latest data show that 54% of 18 year-olds who were eligible to stay put chose to do so. Data also show that 30% of 19 year-olds and 16% of 20 year-olds were still living with their former foster carers.
The Earl of Listowel
My Lords, perhaps I may speak briefly in support of the amendment. Earlier we debated my Amendment 2, and I indicated this morning to the Minister that I would not be seeking to move it. I must say that, listening to the debate in the Chamber, I was almost tempted to change my mind. The amendment was brought to my attention fairly late, which is why I was reluctant to push it as hard as I might. This is an excellent amendment, if I may say so. I understand that the Minister is going to give a very sympathetic response. I hope he can go as far as possible towards enshrining this in statute. I look forward to his response.
Lord Nash
My Lords, I am grateful to my noble friend Lord Farmer and the noble Baroness, Lady Tyler, for the amendment. It seeks to add services relating to relationships to the services that local authorities may offer as part of their local offer. I understand the intention behind the amendment, and I agree that high-quality and consistently supportive relationships are critical to supporting care leavers into successful independent lives. I believe that the key to getting these relationships right is down to how the services are delivered, with individual professionals, volunteers and personal advisers building a strong and positive rapport with young people. I was very interested to hear what my noble friend Lord Farmer had to say about Orange County. It is an area I know well because in a past life I used to travel there regularly on business. I know that it is a very forward-thinking part of the world.
This is an important issue and I am certainly very sympathetic to the points that have been made. I am therefore very happy to take them away and consider further in detail whether an amendment to the Bill along these lines is the best way of securing further progress in this area. I hope that, in view of this, the noble Lord and the noble Baroness will feel reassured enough to withdraw the amendment.
Lord Farmer
I thank the Minister for that encouraging response. I also thank the noble Baroness, Lady Tyler, my noble and learned friend Lord Mackay and the noble Earl, Lord Listowel, for their support. I beg leave to withdraw the amendment.
Lord Nash
My Lords, I am grateful to all noble Lords for this amendment and their contributions to this debate. The amendment would introduce a new clause setting out a national offer for care leavers. The national offer would first comprise an exemption from council tax until care leavers reach the age of 25. Secondly, it would extend care leavers’ exemption from the shared accommodation rate in housing benefit to the age of 25. Thirdly, it would amend the eligibility rules so that care leavers aged under 25 are able to claim working tax credits. Fourthly, it would limit the application of benefit sanctions to care leavers under universal credit. I understand the intention behind this amendment and I agree that it is important that care leavers have the financial support they need to lead independent, successful lives. However, I am not convinced that this amendment is the best way to provide that financial support. I will deal with these issues in turn.
We believe that local authorities are best placed to make decisions about council tax support schemes. Instead of mandating exemptions from the centre, we have provided local authorities with the flexibility to design their own support schemes to meet local need. This is about giving local freedom so that resources can be spent in the best way. We do not want to give blanket exemptions or discounts because of the impact this will have on local authority revenues and other council tax payers who may equally struggle to pay the tax. The latest briefing from the Children’s Society shows that more local authorities are deciding to exempt care leavers from paying council tax. North Somerset, Birmingham, Wolverhampton, Cheshire East and Milton Keynes have all introduced council tax exemptions in the last few months. We expect that the local offer will drive more local authorities to follow suit.
Equally, however, local authorities may decide that it is more appropriate to provide care leavers with other forms of financial support. Some local authorities, for example, provide care leavers with free travel passes or with help to buy clothes for interviews. These are all clear examples of local authorities taking their role as corporate parents seriously.
I recognise the intention behind extending care leavers’ exemption from the shared accommodation rate until the age of 25. As the noble Earl will be aware, discretionary housing payments continue to be available by local authorities which provide support for those individuals who need additional financial help with housing costs. The Government have already committed £870 million in discretionary housing payment funding over the next five years. Your Lordships will appreciate that that is a significant amount of money to help those who are vulnerable and who require additional help with housing costs. However, we have made a commitment in the care leaver strategy to work with the Department for Work and Pensions to explore the costs and benefits of an extension to age 25, as proposed in the amendment. We do not currently have data that tell us how many care leavers would be affected by this change and therefore I do not believe that it would be appropriate to make a change to the law until this issue has been reviewed further. As part of that, we have asked the Children’s Society to provide some real-life case studies to illustrate the impact of moving to the shared accommodation rate.
With regard to amending eligibility rules so that care leavers aged under 25 are able to claim working tax credit, noble Lords may be aware that universal credit will replace the current system of means-tested working-age benefits with a new, simple, streamlined payment. Under the new arrangements, the requirement for workers to be aged 25 or over to be entitled to claim the working tax credit element of universal credit will not apply.
The noble Earl said that care leavers under 25 will still be disadvantaged when universal credit is introduced. That is not consistent with the information provided by the DWP, which has been clear that age-related conditions will not be applied to universal credit. I would be happy to meet the noble Earl to discuss this point further.
Additionally, as part of the national rollout for universal credit, the Department for Work and Pensions will ensure that care leavers are able to make a claim to universal credit in advance of leaving care. They will also have access to universal credit advances where they need help to manage until they receive their first payment.
We recognise the impact that benefit sanctions can have on care leavers’ lives and we share noble Lords’ wish for sanctions on care leavers to be reduced. Jobcentre Plus has introduced a marker that allows care leavers to be identified on the system and receive additional help. We want to ensure that as many care leavers as possible benefit from the support that is available. We do not think it is in care leavers’ interests to remove them entirely from the requirements expected of other jobseekers. However, we already have the flexibility to tailor requirements based on the circumstances of each individual.
The purpose of sanctions is to encourage claimants to comply with reasonable requirements, developed in agreement with their job coach, so as to help them move into and prepare for work. Reducing sanctions on care leavers is therefore best achieved through closer working between local authority leaving care teams and work coaches at Jobcentre Plus. There are many examples of effective local protocols that can help care leavers to understand the conditions around the receipt of benefits. These include the Barnet hub model, which we promoted in our care leaver strategy published in July. I believe, however, that such protocols are best designed locally.
I understand what noble Lords are trying to achieve through Amendment 13. I agree that it is vital that care leavers have the financial resources and support that they need. However, I think that we need to balance this with making sure that we do not unintentionally lower our aspirations for care leavers. Although noble Lords are right to say that care leavers are vulnerable groups, I believe that we would do them a disservice if we did not encourage them into work, as we do with other young people. The real key to helping care leavers is to promote their life chances by supporting them in accessing and staying in education, employment or training in the way that Jobcentre Plus already does, or through the 2nd Chance learning scheme or priority access to the Work Programme. More help and support will be available to care leavers through the new youth obligation scheme and expanded universal support.
I met the noble Earl, Lord Listowel, earlier today, which helped greatly in clarifying and understanding his issues of concern regarding benefit sanctions. I would like to meet him again to discuss his concerns about this further but, before doing so, I will speak to Ministers to see whether there is scope to apply a less stringent sanctions regime for care leavers.
I would also like to draw attention to the care leaver covenant, which will provide a way for government at the national level to make a commitment to support care leavers. Central government departments will be able to set out and update their distinct offer to care leavers. I believe that this will be the most appropriate way to clarify the role of central government departments in supporting care leavers, rather than setting out a “national offer” in legislation. We will announce more details about how departments can sign up to the covenant in the new year.
The noble Lord, Lord Warner, asked about the new Government’s intentions. Noble Lords will be aware that, as part of the Keep on Caring strategy, we are considering our care leavers strategy and how to ensure that care leavers have the financial support they need. I remind noble Lords that this is a programme for the whole Parliament and we will continue to consider these issues. In addition, as the noble Lord will be aware, our new Secretary of State is prioritising social mobility, and she has recognised that improving the outcomes of care leavers is an important part of that agenda.
Finally, many noble Lords have talked about Jack’s experiences while in care. My officials have also heard from Jack and have organised some work experience for him in the department. We continue to talk to him and to listen to his experiences.
In the light of the points I have made, I hope that the noble Earl will feel reassured enough to withdraw his amendment.
The Earl of Listowel
My Lords, I thank the Minister for his reply and I thank all noble Lords who have taken part in the debate: the noble Lord, Lord Watson, the noble Baroness, Lady Bakewell, the right reverend Prelate the Bishop of Chester and other noble Lords. I appreciate their contributions.
I am grateful to the Minister for his interest, his sympathy and his offer of a meeting, particularly to discuss sanctions. However, I am most concerned that this amendment may be lost if not agreed today.
Listening to the debate, I particularly thought of the recent report from CoramBAAF which looked at the rates of teenage pregnancy among young women in care and leaving care. It pointed out that they are three times more likely to become pregnant and that, when they do, they are more likely to keep the child because they are looking for someone to love them. They want to give birth to and hold on to the child and have the love of the child. In this case we may often be talking about young families coming out of care as well.
We have to do more to break the cycle of young people leaving care and so often falling into debt and financial hardship, not being able to make the most of the opportunities that the worlds of training and work have to offer. This is fundamentally about fairness and pulling out all the stops to help care leavers achieve their full potential.
Before I conclude, I want to say how glad I am to hear that the Minister has found a work placement for Jack. I look forward to hearing how that develops. However, I am afraid that I must beg leave to ask the opinion of the House.
Lord Nash
My Lords, I will speak first to Amendments 14, 15, 16 and 18.
In Committee, I was pleased at the support Clause 3 received and to see that the importance of making available the support of a personal adviser to all care leavers was widely recognised. In most family situations support tapers away as children and young people get older and gain more independence. The support we provide for 16 and 17 year-old care leavers clearly needs to be greater than it would be for the majority of 21 to 25 year-olds, and the legislation should follow that approach.
At the same time, we know there are some care leavers whose lives remain chaotic during their early 20s and who need quite intense support to bring stability to their lives, and others who will need support on specific things at specific times—for example, on release from prison, if they have a child, or if they lose a tenancy. In Committee, we spent some time considering whether making a personal adviser available on request was adequate to meet the needs of these young people, and whether if support were once declined there would be subsequent access to it. We recognise that no care leaver should feel that they cannot receive support between the ages of 21 and 25 because they had perhaps indicated at an earlier stage that it was not needed. In light of that, I am proposing amendments to Clause 3(7) to expressly clarify that local authorities must proactively offer support to every care leaver at least every 12 months. I trust noble Lords will welcome these amendments.
The Deputy Speaker (Lord Brougham and Vaux) (Con)
I should advise the House that if Amendment 18, is agreed to I cannot call Amendment 19 due to pre-emption.
Lord Ramsbotham
My Lords, I rise to move Amendments 17 and 19. The purpose of Amendment 17 is both to ask to ask the Minister to clarify the intention behind subsection 3(b) of new Section 23CZB and to highlight a potential loophole which could risk local authorities opting out of their duties to former relevant children. It would appear that the intention behind that subsection is to enable a local authority to cancel the appointment of a personal adviser if at any time a former relevant child says that they no longer want one. However, the wording of the subsection is ambiguous. The phrase “if earlier” leaves open the possibility that a local authority might interpret it in a way that would enable it to refuse advice and support to a former relevant child who had previously said that they did not want a personal adviser but at a later stage requested advice and support. This opens another possible loophole of local authorities requesting that former relevant children sign a form on leaving care at 18 to say that they no longer need support. Would the Minister therefore be kind enough to clarify the Government’s intention and resolve any possible ambiguity in the wording of the legislation?
My Amendment 19 is made completely unnecessary by government Amendment 18, and so I propose not to press it.
Lord Nash
As I understand it, the noble Lord is asking us to clarify that when we say that care leavers will have the right to this every year, they will have the right to it every year and there is no way that local authorities can get out of it. That is our intention, and if it is not clear in the legislation then we will change it. I think I can give the noble Lord the assurance he needs: we do not think there should be any way that local authorities should invite an 18 year-old to contract out of this right.
Lord Ramsbotham
I do not wish to prolong this, but it is practitioners who have raised this question with me because they are unclear. Although young people have the right every year, it is an opportunity basis that they are considering.
The Lord Bishop of Chester
I thought the Minister was just making a clarification.
Lord Nash
I am sure that we can clarify this. I myself felt that the idea someone would have a one-off chance was not a good one. Therefore, as I said, the intention is that they will get a regular chance—at least every year—to change their mind if they have previously said no. I do not think we should allow any way for anybody to get out of that. I am happy to talk to the noble Lord, Lord Ramsbotham, outside the Chamber to clarify that. I am sure that we can resolve this.
“(7) Where a former relevant child to whom this section applies is not receiving advice and support under this section, the local authority must offer such advice and support—(a) as soon as possible after he or she reaches the age of 21, and(b) at least once in every 12 months.”
“(a) any person who has parental responsibility for the child,”
Lord Nash
My Lords, in Committee we promised the noble Lord, Lord Watson, that we would consider his amendment in Grand Committee to ensure that the current drafting of Clause 4 fully captures those with parental responsibility where the child has left care under special guardianship or child arrangements orders. Following further consideration, the Government have decided an amendment is necessary to Clause 4, and I am grateful to the noble Lord, Lord Watson, for bringing this to our attention—I am rather disappointed that he is not here to hear me say that, but I hope the noble Lord, Lord Hunt, will pass on my thanks.
The amendment will make it clear to local authorities in England that they must make advice and information available to any person who has parental responsibility for a previously looked-after child for the purpose of discharging their duty to promote their educational achievement. Unlike adoption, where only the adoptive parents have parental responsibility, parental responsibility in respect of children named in special guardianship and child arrangements orders may be shared with the child’s birth parent or parents. This amendment is therefore important to ensure that all those with parental responsibility are not excluded.
I would like also to speak to government Amendments 21, 24 and 27, which are technical amendments to Clauses 4 to 6 that will ensure that children who were previously looked after and adopted under the Adoption Act 1976 are also within the scope of the new duty on local authorities and schools to promote their educational achievement. These “older” children will be in secondary education, and they too should have access to the virtual school head and the designated teacher. I hope that noble Lords will accept these government amendments.
Before hearing what noble Lords have to say on other amendments, perhaps it would be helpful to noble Lords, and particularly to the noble Baroness, Lady King, if I say that the Government will table an amendment to the Bill in the other place to bring children adopted from care outside England within the scope of Clauses 4 to 6.
Baroness Walmsley (LD)
My Lords, it was my intention to speak to Amendments 22, 23, 25, 26 and 28 in my name and that of the noble Baroness, Lady King of Bow, and other noble Lords. However, I am delighted to hear what the Minister has just said. To explain to other noble Lords who may not be familiar with the effect of these amendments, I should say that they refer to the educational entitlements of children adopted from overseas to make them equal to those of children adopted from this country. I must declare an interest in this subject because I have a much-loved adopted Chinese granddaughter, although she would not benefit from these amendments since she and her family live abroad.
From a peak of 25,000 adoptions a year in the mid-1970s, the number of adoptions fell in England to only 3,000 in 2011. But the new focus on adoption of the previous Government and of the current Government has made a very big difference. The number of adoptions is going up again, and they are extremely resilient, as shown by a certain amount of research. Only 3% of them break down, which is less than those where children are put under special guardianship. In acknowledging the need for the numbers of adoptions to grow, the application has been made easier and shorter. However, before those reforms took place, many would-be adopters turned away by local authorities had to adopt internationally if they were to have a family, particularly if they wished to adopt an infant. A number of international adopters, including my son, would willingly have adopted in the UK but were turned away, sometimes because of their ethnicity.
There used to be a view that children adopted from abroad did not come from the care system in their country. That may have been the case some time ago but that has changed. Indeed, Martin Narey, who had previously claimed that that was so, has changed his mind in view of changes in all those countries. Most of the children come from care in the countries from which they are adopted. That means that they have exactly the same traumatic experiences that children adopted from care in this country have, and therefore they have exactly the same needs. Those children have already benefited from several elements of the adoption support fund, but until today they had not benefited from the educational advantages that were given to children adopted from this country. So I am delighted that the Minister has indicated in what he has just said that he has accepted that those children need the same advantages in education. We are talking about children who are all British nationals, all with a similar experience of neglect and abuse and all adopted from care. The only difference is that in some cases internationally adopted children might also have experienced deeply inadequate medical care and malnutrition in their country of birth, so actually they may be worse off than children adopted from care in this country.
The Minister suggested that amendments would be tabled when this Bill goes to another place, so I look forward to seeing that. That will remedy the fact that we have up to now condemned a very small number of British children who have suffered neglect and abuse to lives much less successful than they might have been. I hope that will now change. I thank the Minister and the noble Baroness, Lady King of Bow, for suggesting these amendments.
The Earl of Listowel
My Lords, I join in welcoming government Amendment 20, which seems to fill an important loophole. In passing, as I did not have an opportunity in the previous grouping, I also thank the Minister for his previous amendments, which are important and which we raised in Committee. As is so often the case, the Minister listens and takes action, and I am grateful to him when he does so, as he did earlier and in this case.
Lord Nash
My Lords, I thank noble Lords for their interventions on Amendments 22, 23, 25 and 26, which concern Clauses 4 to 6 about promoting the educational achievement of previously looked-after children. I am grateful to the noble Baronesses, Lady King and Lady Walmsley, and the noble Lord, Lord Alton of Liverpool, for these amendments, which would require local authorities and schools to also promote the educational achievement of children adopted from care outside England.
Government policy has been clearly focused on continuing to support very vulnerable children who were looked after by our care system before starting new lives through, for example, adoption. Making a commitment to continue to help them, and the wonderful parents and guardians who give them a secure and loving home, remains a top priority. Support to succeed in education is an important element of this because we know that there is an attainment gap to address.
I understand that some children adopted from outside England will have been in an equivalent form of care prior to adoption and that they, too, are vulnerable. This is in addition to moving to a new country and a new culture. The Government have acknowledged this by extending access to the adoption support fund to these children and their families so that they, too, can get access to much-needed therapeutic services. The Government would like to do more for these children and agree with noble Lords that extending the remit of Clauses 4 to 6 to require local authorities and schools to also promote their educational achievement would be a positive step.
There are, however, a number of important practicalities to consider: for example, how we define eligibility and how a parent proves eligibility. This is because there is much variation between the care systems of other countries. I hope that noble Lords will agree that it is important that we ensure that the eligibility criteria closely match the criteria for children in this country in order to come within the scope of Clauses 4 to 6. As I said, the Government will table a government amendment to this Bill in the other place to bring children adopted from care outside England within the scope of Clauses 4 to 6.
I am also grateful to noble Lords for their Amendment 28, which proposes a new clause to extend existing educational entitlements given to previously looked-after children in England to children adopted from care outside England. These entitlements include priority school admission in the early years and the pupil premium plus. None of these entitlements is provided for in primary legislation so it would not be appropriate to consider this amendment for inclusion in the Bill. The Government will, however, give full consideration to the position of these children when reviewing these policies.
Lord Warner
My Lords, my name is attached to Amendments 30, 31 and 34. I say to the noble Baroness, Lady King of Bow, that there have been Ministers in this House who have made concessions on the basis of the evidence before them; the noble Lord, Lord Nash, is not unique in this, although I am very grateful for the concessions he has made.
Let me start with Amendment 30. Going back in time to when I first became a director of social services in the mid-1980s, and having never, I have to confess, even been in a social services department in my life before, the very first briefing I was given by these luckless social workers who suddenly found that this strange man had been placed in charge of their department was on the importance of permanence and that if I did nothing else in my time as a director, I must promote planning for permanence. That has stuck with me as a big issue. The second briefing said: “You cannot rely on adoption to deliver permanence. Everybody likes to adopt babies and young children but you will find, oh dear director, that there are going to be a lot of children, from the age of 10 and moving into the teenage years, for whom you will have to plan for permanence, and adoption is not the issue”.
Any social worker starting out in their career over the last two or three years could be forgiven for thinking that the real answer to permanence is adoption. The points made by the noble Lord, Lord Hunt, are critical: if we believe in permanence as the aim of what we are trying to do—as we all do—we must not give any signals that longer-term fostering is not a perfectly valid option in planning for permanence. We must not delude ourselves, or allow ourselves to look as though we are deluding ourselves to the social work profession, that adoption is the only answer and that, somehow, longer-term fostering is an inferior option for permanence planning. So I hope that the Minister will think about that and what the impact of all this is on the profession, working day in, day out, on the front line trying to deal with and provide a more permanent solution for many of these children. We need an amendment of the kind that has been framed in Amendment 30 to restore the balance.
We discussed the issue in Amendment 31 pretty extensively in Committee. In those discussions I recall that the noble and learned Baroness, Lady Butler-Sloss, with all her experience in the family courts, said that all too often the voice of the child was absent from our legislation and court processes. She made much of that then, and there is an opportunity now, with Amendment 31—which, if I may say so to the Minister, is just five little words—to put clearly, fairly and squarely in the legislation an amendment that gives the voice of the child some recognition in the legislation. It will not cost the Government anything, so the easiest thing for the Minister to do shortly would be to stand up and say, “I accept Amendment 31”. He will then go out of this Chamber at the dinner break even more flushed with success and encouragement from the Members of your Lordships’ House. As the noble Baroness said on Amendment 34, this is a straightforward way of removing a disincentive to taking siblings into adoption. I am glad that the Minister is going to make a concession on that, but if he is in for one, why not go for a couple of others as well?
Lord Nash
My Lords, I shall speak to Amendments 30, 31 and 34, which concern the decision-making process about how a child becomes looked after and where they should be placed, and the state benefits which families of adopted children should be entitled to. There is also the matter of wishes and feelings. I am very sorry to disappoint the noble Lord, Lord Warner, but I understand that after very helpful discussions between the noble and learned Baroness, Lady Butler-Sloss, and my officials, she—or somebody on her behalf—plans not to move her Amendment 31. I believe she now recognises that it is not necessary, although my officials found the meeting with her extremely helpful. The child’s wishes and feelings are taken into account by local authorities when a child is looked after. This is a legal requirement under Section 22(4) of the Children Act 1989. When any decision is taken with respect to a child who is looked after, the local authority must ascertain their wishes and feelings.
Amendment 30, tabled by the noble Lords, Lord Watson, Lord Hunt and Lord Warner, proposes new wording for the permanence provisions of care plans in the context of care proceedings. As I stated in Committee in response to such an amendment, I recognise the concern that adoption should not be seen as more important than other long-term placement options. In answer to the point raised by the noble Lord, Lord Hunt, I can state clearly that there is no intention to create a hierarchy here between placement options. We want all children in care, or entering care, to find placements that provide stability and suit them. This is what we mean by permanence; there are different ways to achieve it for different children.
Clause 8 seeks to improve the decision-making process about where a child should be placed, whether that be adoption, with a special guardian, with foster parents or in a children’s home, by having particular regard to the child’s needs and how any placement options would meet those needs. The amendment seeks to explicitly set out in Section 31 of the 1989 Act a list of placement options, such as foster care. However, all placement options, including foster care, are already included within the current legal definition for permanence provisions. Section 22C of the Children Act 1989 and the accompanying statutory guidance set out clearly how all looked-after children, including children subject to care orders, are to be accommodated and maintained by local authorities. This includes a hierarchy of placements with parents, relatives, friends or other persons connected with the child, kinship foster placements with local authority foster carers and placements in children’s homes.
Local authorities and courts are very clear about what placement options they need to consider during care proceedings. Amendment 30 is therefore not necessary and would not add to the existing legislative framework. It would simply duplicate what is already set out elsewhere in the Children Act 1989, which is something that Governments always try to avoid. As the noble Lord, Lord Hunt, said, Section 22C clearly says that foster care is an option set out for local authorities and courts to consider, and this includes long-term foster care. Local authorities and courts understand this, and I am advised that no one is confused in practice on the issue. On that basis, I hope the noble Lord will feel able to withdraw his amendment.
Amendment 34, tabled by the noble Baroness, Lady King, and the noble Lord, Lord Warner, proposes a new clause so that child-related benefits would be payable to adopted children regardless of any limit on the number of children to whom those benefits are usually payable. As noble Lords will know, the Welfare Reform and Work Act 2016 legislated for the child element in child tax credit and universal credit to be limited to two children from April 2017. I was delighted to announce in my letter to noble Lords on 11 October that where a family adopts a child from local authority care and this increases the number of children in the family to three or more, all third or subsequent adopted children will attract the child element of either tax or universal credit. This will be provided for, along with the other exemptions, in regulations and is good news for families who come forward and give a loving home to some of our most vulnerable children. It represents another example of the Government’s ongoing commitment to support these children and their families.
I am grateful to the noble Baroness, Lady King, for her kind words. As the noble Lord, Lord Warner, said, I may not be unique in listening to rational arguments but I may be unique in being incapable of resisting the noble Baroness’s charms and the powers of her arguments. I am sure that we will all miss her and I wish her and her family all the best in California. I hope that it will not be long before we see her back on those Benches.
Amendment 32 would simply ensure that Clause 9 will now apply to adoption agencies in Wales, whereas the previous draft of this provision applied to courts in England and Wales and adoption agencies in England. It will also mean that the provision of the new duty will come into force at the same time in England and Wales. The department has agreement from the Welsh Government to lay this amendment, in anticipation of the Assembly scrutinising the required memorandum before agreeing a legislative consent Motion.
In conclusion on all the amendments that have been discussed, I hope the noble Lords, Lord Ramsbotham, Lord Watson, Lord Hunt and Lord Warner, will feel reassured enough to withdraw or not press their amendments, and that the House will support the Government’s amendment.
Lord Hunt of Kings Heath
My Lords, I am grateful to the Minister and join him in congratulating my noble friend Lady King on her new adventure, if I may put it that way. I also congratulate her on her success in persuading the noble Lord to change policy, which is very welcome indeed.
On Amendment 30, I hear what the Minister says about the technical arguments, which I hope are reassuring. He clearly said that there is no intention to create a hierarchy of care, which is very welcome. He also said that he thought that no one in practice at field level is confused. I do not disagree at all with the emphasis that the Government have given to improving adoption procedures, but there is a possibility that practitioners may feel that fostering is no longer seen as an equal option. The guidance that will be issued by his department when the Bill is enacted will no doubt give an opportunity to make that point. I am very grateful for the response and beg leave to withdraw my amendment.
“In section 1(4) of the Adoption and Children Act 2002 (matters to which court is to have regard in coming to a decision relating to the adoption of a child), in paragraph (f) (relationships), after “relatives,” in the first place it occurs, insert “with any person who is a prospective adopter with whom the child is placed,”.”
Tuesday 8th November 2016
(8 years, 1 month ago)
Lords ChamberChildren and Social Work Act 2017 Read Hansard Text Amendment Paper: HL Bill 57-II Second marshalled list for Report (PDF, 170KB) - (4 Nov 2016)
17:49 - Division on Amendment 57 - Ayes: 245 / Noes: 213 - Amendment 57 agreed.
19:13 - Division on Amendment 70 - Ayes: 68 / Noes: 203 - Amendment 70 disagreed.
This text is a record of ministerial contributions to a debate held as part of the Children and Social Work Act 2017 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
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Viscount Younger of Leckie (Con)
My Lords, I am extremely grateful to the noble Lords, Lord Wills and Lord Low, and the noble Baroness, Lady Wheeler, for these amendments. I well remember debating this matter during the passage of the Small Business, Enterprise and Employment Bill. I wish the noble Lord, Lord Wills, a speedy recovery and I am sorry that he is not with us today. He has worked assiduously to make positive changes which put more emphasis on employers to follow best practice and provide greater protection for employees.
I agree with the noble Lord, Lord Wills, and the noble Baroness, Lady Wheeler, that those working with the most vulnerable children in society need to be able to report concerns about what is happening in their organisation. Importantly, when they make a protected disclosure they should have no fear of being effectively blacklisted and unable to find a new role. Employment legislation is designed to protect workers from being unfairly dismissed by their employer, or from suffering other detriment such as missing out on promotion, if they report concerns that are in the public interest. That is why we have statutory employment protections for workers who report information which they reasonably believe reveals illegal activity or malpractice in an organisation. This may include someone at work neglecting their duties—for example, in a case where health and safety is put at risk.
I am aware that since we discussed these amendments in Committee, the noble Lord, Lord Wills, has had a productive discussion with the Minister for Small Business, Consumers and Corporate Responsibility. The noble Lord’s Amendments 52, 53, 72 and 73, which he brought forward in Committee, make similar proposals for two groups of whistleblowers. Firstly, the noble Lord mentions those employed by, or seeking employment with, public bodies providing social services or children’s services. Secondly, the noble Lord identifies those employed by, or seeking employment with, public bodies employing registered social workers. For each group, he proposes a statutory code of practice and the extension of whistleblower protections to job applicants.
We do think that it may be premature to consider a statutory code. In March last year, the coalition Government published guidance and a code of practice for employers which set out their responsibilities in regard to whistleblowing. I strongly believe that we should allow sufficient time to allow that code to have effect. This is because it has only been in place since last year and it will inevitably take time for employers and prescribed bodies to act on and investigate the disclosures made to them. It is, therefore, premature to make changes without properly assessing the evidence available. I am pleased, though, that the Minister for Small Business, Consumers and Corporate Responsibility discussed with the noble Lord that the Government intend to review the code in 2017 and will work with him to take this forward.
On the proposed protection for job applicants, I am grateful to the noble Lord, and to the noble Baroness, Lady Wheeler, for bringing forward these amendments. We strongly support the principle behind them, particularly as it applies to those who, in blowing the whistle, have sought to act with integrity in relation to the protection of vulnerable children. There are, however, technical issues around the scope of some of the proposed measures, and their coverage of specific groups of workers or job applicants. Firstly, a Bill focusing on children’s well-being does not seem to be an appropriate vehicle in which to capture the breadth of a local authority’s recruitment arrangements. Secondly, there are practical difficulties in framing legislation like this by reference to qualifications or registrations that an applicant—in this case a social worker—may hold. To do that would mean that in some instances applicants for the same job might be afforded different protections. Additionally, it might be conceivable that an employer themselves would not be aware of all the applicant’s professional qualifications or registrations if the applicant had not disclosed them because they were not relevant to the job being advertised.
Lord Hunt of Kings Heath (Lab)
My Lords, my noble friend has made a convincing case for action in this area. We discussed this in Committee and the Minister was sympathetic to the principal points made by my noble friend. However, he put his eggs in the basket of encouraging innovative good practice and referred to his department’s innovation programme and the funding that has been put into the Pause project to support women who have experience or are at risk of repeat removals of children from their care. He argued that it was better to support good practice than to mandate local authorities. I get that up to a point.
However, to pick up on the remarks of the noble Lord, Lord Warner, the problem is that we have been talking about innovative good practice in this area for a considerable number of years. As the Family Rights Group chief executive, on behalf of the Your Family, Your Voice alliance and the Kinship Care Alliance, has pointed out, looking at the country as a whole, we are not covering sufficient vulnerable people in the way we know can be successful, as these examples of good practice have shown.
This leaves us with a dilemma. I take the noble Lord’s point about the risks of mandation, but if we cannot see from the Government a determined programme that will ensure that good practice is spread throughout every local authority area, we are forced back into the area of mandation. I hope the Minister will come forward with distinct proposals for how his department will make sure that, in every part of the country, the vulnerable people we are talking about will get the kind of support my noble friend has proposed.
The Parliamentary Under-Secretary of State, Department for Education (Lord Nash) (Con)
I thank the noble Baroness, Lady Armstrong of Hill Top, for her amendment, under which local authorities would be required to provide counselling and therapeutic support to parents who have had children taken into care to prevent any further children being taken into care. This is an important issue and, contrary to the noble Baroness’s introductory remarks, I am pleased that she has raised it and I am grateful to her, the noble Earl, Lord Listowel, and the noble Lords, Lord Warner, Lord Hunt and Lord Ponsonby, for their contributions to today’s debate.
As their Lordships will know, the Government believe that children are best looked after within their families, with their parents playing a full part in their lives, unless intervention in that family’s life is necessary. One of the fundamental principles of the Children Act 1989 is that children should be brought up and cared for within their families. Indeed, Section 17 of that Act embodies that principle, with local authorities under a statutory duty to provide services for children in need and their families to safeguard and promote the welfare of such children and promote their upbringing by their families. Local authorities also have a duty to return a looked-after child to their family unless this is against their best interests.
The noble Baroness is right to emphasise how important it is to support parents who have had children taken into care. They need the right type of intervention to allow them to be effective parents for that child if they are returned to them, any other children in their care and any children they may have in the future. We share this commitment, and the legislation and our statutory guidance, Working Together to Safeguard Children, reflect this. Working Together is clear that any assessment of a child’s needs should draw together relevant information from the child, their parents and any other professionals in contact with them. Every assessment of need must be child-centred and must acknowledge that many of the services provided as part of a child in need or a child protection plan will be to support the parents to make sustained change so they can look after their children well.
Alongside the child’s needs and wider family and environmental factors, parenting capacity is a crucial element of a good assessment, as Working Together makes clear. If support is needed to improve parenting capacity, a good assessment will identify this and enable the specific support needs identified—which will vary depending on the circumstances of each case—to be provided. If a child is removed, their parents should continue to receive help and support. If they go on to have further children, Working Together is clear that the level and nature of any risk to the child needs to be identified at a pre-birth assessment and the appropriate help and support given to these parents to support them with making a sustained change.
The noble Baroness might be interested to read, if she has not already done so, the research Assessing Parental Capacity to Change when Children are on the Edge of Care: An Overview of Current Research Evidence, published by the Department for Education in 2014. Among other things, the research sets out the parental factors that are known to be associated with a risk of significant harm to a child, the factors that can reduce the risk of harm and the likely nature of that harm. The report highlights the extensive body of research that shows that a range of problems can impair parents’ ability to meet the needs of their children. These include, but are not restricted to, poor mental health, problem drug and alcohol use, learning disability and domestic abuse. This underscores the need to make sure that parents receive the right type of support to meet their particular needs and circumstances.
Of course, there may be circumstances where counselling will always be appropriate. Because adoption, unlike any other permanent option, involves the ending of a child’s legal relationship with their parents and family, and the creation of a lifelong relationship with new parents, adoption agencies have a legal duty to provide a counselling service for the parent or guardian of the child. Local authorities and voluntary sector agencies that provide these services often, where appropriate, also use the service to support birth parents whose children have been taken into care. In the London Borough of Hammersmith and Fulham, for example, Ofsted inspectors found:
“In all cases seen by inspectors where placement orders had been granted, there was evidence of birth parents being offered referral to support services and mothers were offered referrals to commissioned services to avoid repeat pregnancies where proceedings were likely to result”.
We know that the cycle of care too often continues and that parents who have a child taken into care may well be more likely to have another taken into care later. The noble Baroness referred to some depressing statistics in this regard. The Department for Education’s innovation programme has supported the Pause project, to which the noble Baroness referred, to the tune of £3 million to support women who have experienced, or are at risk of, repeat removals of children from their care. The project aims to break this cycle and give women the opportunity to develop new skills and responses that can help them create a more positive future. Early indications are showing positive results for all 150 women Pause is currently working with, and in some instances the project is enabling them to engage in positive and consistent contact with their children.
Noble Lords will be pleased to hear that, given its success since Committee, the Secretary of State announced last week that further support is to be offered for programmes such as Pause to build on early successes of the programme, and that the programmes’ reach would be extended from six to 47 areas, with up to a further £7 million. This will provide much-needed further evidence on which we can assess our proposals. I hope the noble Lord, Lord Hunt, is pleased to hear that.
Through the innovation programme, we are also continuing to fund the family drug and alcohol court service, which provides therapeutic support to parents whose children are at risk of being taken away from them. Again, often these are parents who have had other children taken into care in the past.
Changing practice like this provides a more effective means of ensuring that we break the cycle. Mandating that local authorities provide counselling or therapy may help some, but it will not be the answer to all the complex problems in this context and will not provide the right support to all parents.
Given that the existing statutory framework is clear that local authorities must provide services to support children in need and their families to stay together, and the innovative ways that we aim to change practice, including further support for Pause and other projects, so that we can build up further evidence, I hope the noble Baroness will feel reassured enough to withdraw her amendment.
The Earl of Listowel
That is such good news regarding the funding of Pause and the family drug and alcohol court. There has been concern about the continuing funding of both those. Will the Minister clarify that the future funding of the family drug and alcohol court is secure? Perhaps he would like to write to me on that point.
Baroness Armstrong of Hill Top
My Lords, I thank everyone who has taken part in this short debate. I think it is clear to the Minister that concerns about this matter are felt around the House. I am pleased that he is committed to thinking more about those concerns and to action. I mentioned Pause. That is not the programme we use, partly because women are not entitled to become part of the programme until they have already had two children taken into care. We wanted to be able to intervene if necessary and if possible before then. I would be interested in talking further to the Minister about this, working with him and inviting him to look at some of the work going on that would support what is proposed in the amendment. We tabled the amendment on the basis of wanting the House to think about the matter and to push the Government further. On the basis that I believe that the Government are taking this issue on board—although I am not yet satisfied—I shall withdraw the amendment at this stage in the hope that the Government will demonstrate to me that they are prepared to continue to work on it.
Lord Nash
My Lords, I thank the noble Baroness, Lady Thornton, for her amendment and for the points that she, the noble Baroness, Lady Howarth, and the noble Lord, Lord Watson, have made. I understand that the concerns around GPs charging for evidence are shared by others, including the Law Society and Rights of Women. I also note that Tom Watson MP, deputy leader of the Labour Party, launched a campaign related to this issue in September. Before addressing their points, it may be helpful if I briefly explain the purpose of the regulations to which the tabled amendment refers.
The reforms introduced by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 removed most private family matters from the scope of legal aid. These were mainly matters concerning child contact arrangements following separation. A clear exception to the scope of these reductions was for family cases involving the appalling crime of domestic violence, for which legal aid is available provided that applicants can produce a piece of objective evidence from those listed at Regulation 33 of the Civil Legal Aid (Procedure) Regulations 2012. A letter from a health professional, including a GP, is one of the specific pieces of evidence listed. Such letters are one of the most common ways that victims evidence their abuse: around 25% of applicants rely on it currently. In the letter, the GP must confirm that the victim has been examined and has injuries or a condition consistent with being a victim of domestic violence. The examination must have taken place within five years of an application for civil legal services. GPs are not required to provide a full report of the violence, just a brief letter for which a template is provided by the Legal Aid Agency. The template was designed in conjunction with the Royal College of GPs.
The Ministry of Justice does not believe that there is a need for GPs or health professionals to charge for writing a letter, although we recognise that this may happen on occasion. I am sure we can all agree that none of us wishes to see unnecessary barriers placed between victims of domestic violence and the help that they need, and I understand the concerns raised by noble Lords. However, I worry that in the absence of alternative funding arrangements or legislation compelling GPs to provide this service to victims, GPs may choose not to provide the evidence following this amendment. That could be counterproductive and prevent victims accessing legal aid. In any event, the House should be aware of an extensive programme of work currently being undertaken by the MoJ, looking not just at this specific issue but at the domestic violence evidence requirements for legal aid more generally. It is worth me elaborating on this a little further.
The Government have broadened the domestic violence evidence criteria three times since implementation; they were most recently amended in April this year. Upon announcing the latest amendment, the Minister then responsible for legal aid announced to the House of Commons that the Ministry of Justice had begun work with domestic violence support groups, legal representative bodies and colleagues across government to gather data and develop their understanding of the issues encountered by victims in obtaining evidence, with the aim of drawing up replacement regulations. The Law Society and Rights of Women are among those with whom the Government have been working collaboratively over the summer. Among other things, the work has involved a large survey of legal aid providers and domestic violence support organisations, as well as a series of focus groups facilitated by Women’s Aid with victims who have had experience of providing evidence. The work is looking at all types of evidence set out in regulations, not just letters from GPs and health professionals, as well as issues around accessibility more generally. The Ministry of Justice is considering the findings and will announce any change to regulations in due course.
I reassure the House that the Government strongly believe that victims of domestic violence must have access to the help they need, including access to legal services funded through legal aid. The extensive research work undertaken by the Ministry of Justice is a reflection of that. I am sure that my colleagues will be happy to meet the noble Baroness to discuss the matter in more detail, and I will certainly take back the particular point made by the noble Lord, Lord Watson. However, in view of what I have said, I hope that the noble Baroness will feel reassured enough to withdraw the amendment.
Baroness Thornton
I thank the Minister for that detailed and comprehensive answer. My only complaint is that he did not accept my amendment, because he has covered all the bases. Clearly there is more to discuss. I thank him for his answer and will certainly accept the invitation to discuss this further. I beg leave to withdraw the amendment.
“( ) Regulations under this section may not be used so as to remove any prohibition on a local authority in England arranging for functions to be carried out by a body whose activities are carried on for profit.”
Lord Nash
My Lords, I want to start by setting out the Government’s case for why the power is needed before I come to speak about the amendments that I have tabled in this group. The Government believe that the legislative framework is the bedrock of children’s social care services. It provides the critical architecture that protects the rights of children and young people. We believe this framework is essentially correct. However, at times we have legislated in response to failure with laws that are focused on achieving the right outcome but have unintended consequences on the ground.
The Munro review in 2011 showed us that overregulation can get in the way of good social work practice and prevent social workers putting children’s needs and wishes first. Too often legislation not only sets out what local authorities need to do to protect children but gives a significant level of detail about how they should do it.
We believe that changes to legislation should be built on evidence of what works in practice, but at present we do not have the ability to trial some of the new ideas local authorities tell us about; we can change the law for all or for none. The power would allow us to test new grass-roots approaches with careful controls, monitoring and evaluation. This might mean, for example, testing more flexible approaches for assessing kinship carers or trialling a new approach to the reviewing process.
The power to test different ways of working is about putting those on the front line in the driving seat and empowering them to find better ways of working to protect the children in their care. This is not about local authorities opting out of their legal duties towards children or being allowed to remove services. It is about empowering them to try something different. By passing this power, we would be creating the opportunity for local authorities to consider how they can give children the best possible service, starting from the needs of the children and their own professional expertise, rather than from a set of regulatory requirements. These provisions will empower professionals to look at international examples and their own experience to design the best possible service for the children in their care.
Not every idea will be a good one, and not every application will be granted. This is why it is so important that there is a robust scrutiny process about how the power is used to ensure that no trial is granted that questions the fundamentals of children’s rights or would not be in their best interests. I know that some concerns have been raised about the scrutiny of proposals and the safeguards surrounding how this power is used. It is absolutely right that noble Lords should want reassurance on this point.
I have considered carefully the views raised in Committee and the extensive discussions we have had around this since. I would like to take this opportunity to outline the amendments the Government have made to improve these clauses and provide more robust and transparent safeguards.
I shall speak first to Amendment 54. As I said on the first day on Report, when we discussed the amendment on profit tabled by the noble Lord, Lord Ramsbotham, I recognise that this is a sensitive area. I also know that there have been concerns from those in this Chamber that the power to innovate could be used to revisit restrictions on profit-making. I have said before, and I will say again, that the Government have no intention for these clauses to be used to amend restrictions on profit-making. However, to put this point absolutely beyond doubt. I have tabled a government amendment to rule out use of the power to amend restrictions on profit-making in children’s social care. I hope this amendment makes it clear to the House that these clauses have nothing to do with profit-making in children’s social care.
Lord Nash
My Lords, I thank all noble Lords who have contributed to this debate. I found it very depressing. Frankly, many noble Lords seemed to be depressingly suspicious of our motives. This is all about improving care for children at the front line. Nobody who has worked closely with my ministerial colleague Mr Timpson could possibly doubt that. He literally has care for children in his DNA, his late mother having fostered more than 80 children and adopted several, and his having worked as a professional in this field for many years. I am extremely grateful to my noble friends Lady Eatwell and Lord True, who are hugely knowledgeable on the inner workings of local authorities in this area, and to my noble friends Lord Farmer and Lord O’Shaughnessy and my noble and learned friend Lord Mackay, for their support.
The noble Lords, Lord Watson and Lord Low, asked for examples of why this power is necessary. The noble Baroness, Lady Howarth, mentioned three examples. We have discussed this at length before. Local authorities, including the very best, tell us that this power will provide them with opportunities to innovate which are simply not available under current legislation. Of course, some local authorities provide very good services under the current legislative framework, but children deserve the very best services, not the best within the current constraints of the good but not perfect legislative framework.
During the course of this debate, I have reflected on a number of points that have been made. The noble Baroness, Lady Howarth, talked about a lot of misinformation in the system and a lot of suspicion, which may affect some noble Lords’ suspicion. It is our job as lawmakers to see through suspicion and see the arguments for what they truly are, and it is the Government’s job to clarify the position with stakeholders. I commit to doing everything we can to explain more fully what this is about, because it is clear that we need to do more in that regard.
I have also reflected on something that my noble friend Lady Eaton and the noble Lord, Lord Low, said. I have huge respect for the noble Lord and I was struck by how suspicious he was of our motives in this regard. I have thought about this in relation to Clause 32. Without Clause 32, it would be impossible to say that this is about dismantling local authorities because these provisions can be initiated only by local authorities. Clause 32 was intended to be a technical clause to clarify that whoever is discharging the local authority’s functions, whether it is a trust or the Secretary of State, has the ability to use the power to test different ways of working. As I have said previously, we anticipate working with our strongest local authorities in the first instance, rather than intervention authorities, and there was never any immediate policy intent for the power to be used in this way; nor was the intention to cut local partners out of decision-making. However, I understand that this point may have caused unnecessary concern to noble Lords. It is critical that local government should feel it owns these clauses. If the provisions in Clause 32 are a block to that, I am very happy to reconsider the point completely. I think that would remove the fear expressed by the noble Lord, Lord Low: there could be no question of a dark agenda on the part of the Government to dismantle local authorities, because only they would have the power to initiate these clauses. I hope this will go some considerable way towards reassuring noble Lords who have concerns on this point.
I will address some other points, particularly the amendments on the process of scrutinising applications. I start with the amendment in the names of the noble Lords, Lord Warner and Lord Watson. As I have said, we have listened to noble Lords on this point and tabled a government amendment to introduce an expert advisory panel to scrutinise applications to use the power, and publish its advice. I believe we have gone a long way towards satisfying noble Lords’ concerns in this area.
Amendments 62 and 65, tabled by the noble Lords, Lord Watson and Lord Hunt, are on the Children’s Improvement Board. I entirely understand the intent behind these amendments, and the noble Lords are right that local government has a very important part to play in scrutinising applications. We propose that this be done through the Children’s Improvement Board feeding in views to a local government representative on the expert advisory panel, which I have already referred to. My officials will work with the LGA and others to work out the details of this process, but I think that would be preferable to naming an informal grouping in the Bill. The grouping could change its constitution or its name at any stage and therefore render itself unable to be consulted. I do not think that would be the right way forward.
Turning to the amendments that address the principle of these clauses, the noble Lord, Lord Ramsbotham, referred to organisations which object to the power. However, it is overwhelmingly the organisations on the front line, and those that represent them, which support these clauses and agree with the Government that overregulation can get in the way of innovation. The LGA has said that it strongly supports the principle of allowing councils to shape provision around the needs of children and young people, rather than the constraints of inflexible regulation. Similarly, the Society of Local Authority Chief Executives has said that the tight regulation and inspection regimes applied to children’s social care provide little opportunity for innovation, and that the proposed power to innovate will enable local councils to try different approaches with appropriate safeguards.
Our partners in practice, 11 of the best and most innovative local authorities from across the country, support this. For instance, Leeds City Council has said that it wants to work in partnership with government to remove barriers that get in the way of best practice, and become an exemplar of a new and more sustainable safeguarding system in which children do better because families are supported to do more and the state has to intervene less. Professor Eileen Munro, whose ground-breaking review into child protection is at heart of our case for the power, supports these clauses. She has said of the power that it is,
“a critical part of the journey”,
set out in her independent review and that,
“testing innovation in a controlled way to establish the consequences of the change, before any national roll out, is a sensible and proportionate way forward”.
Anthony Douglas, chief executive of Cafcass, has described the power to innovate as a,
“crucial requirement if the mainstream social work and social care services of the future are to successfully manage demand, improve quality and provide value for money”’.
The National IRO Managers Partnership sees the opportunity given by the clauses to test new approaches, and has said that the clauses are,
“an opportunity to review practice and develop more innovative approaches and models of support across the whole system of children’s services”.
Finally, Chris Wright, chief executive of Catch22, a charity that is at the forefront of delivering innovative services, makes the case for the power well. He says:
“It will give power back to practitioners and professionals at the local level, supporting them to design programmes that work for the specific children in their care”.
This illustrates that a very significant amount of support exists for the Government’s case that regulation can get in the way of innovation, and that the approach we are taking of introducing a grass-roots power that allows local authorities to come forward with ideas, with careful safeguards, is the right one.
I understand the concerns expressed by noble Lords about delegated powers of this type and about whether the power is proportionate. I stress that this is absolutely not about Government bypassing Parliament on matters of legislation. It is about local authorities, Parliament and Ministers working in partnership to test new approaches and build the evidence for a better legislative framework for all children. Every use of the power will be rigorously scrutinised ahead of being debated, to ensure that it is truly in the best interests of children. Parliament will have the ultimate say on every use of the power.
The noble Lord, Lord Warner, made the point about using a sledgehammer to crack a nut. I suggest that in voting out this clause, noble Lords would be using a sledgehammer to deny the system the opportunity to test a very limited way of working with the aim of improving the lives of young people. The noble Lord asked for evidence, but it is not until we test ideas in practice—in a very limited way—that we can get that evidence, rather than just talking about a lot of theoretical ideas.
Lord Warner
I was making a slightly different point. Where is this groundswell of concern which accumulated in the DfE before it produced the legislation to suggest that this is necessary?
Lord Nash
I have already quoted a number of practitioners who have stated the need for it. As I have said, if we remove Clause 32—which I am quite prepared to look at doing—we will deal with many of the shadows that some noble Lords have raised.
The Government have listened and made substantial steps to put safeguards in place around the use of the power. The Children’s Minister and I remain ready at any time to discuss these clauses further. Professor Eileen Munro talked about doing the right thing, rather than doing things right, and that is what this power is all about. If these clauses are removed, noble Lords would be denying local authorities that can see a better way of working for the benefit of the children in their care the opportunity to test the whole system and learn how we can do things better, giving those children the opportunity of a better life.
Lord True
Before my noble friend sits down, there is an important point. Is he saying that once the House has considered what he said and reflected on it, he would not oppose Amendment 66, which would leave out Clause 32, while on the other hand he would wish to keep the innovation clauses? That would, as he has said, leave all the innovation coming up from the professions and from local authorities, and remove the suspicion that the state might impose something.
Lord Ramsbotham
My Lords, I am very grateful to the Minister for the careful and considered summing up. I am particularly struck by the remark about Clause 32, which is all about the introduction of the Secretary of State. Before I go on, is the Minister seriously proposing that the Secretary of State should be removed from the process?
Baroness Wheeler
My Lords, I again offer the support of these Benches for Amendments 69 and 71, the case for which has been comprehensively set out and argued today by the noble Baroness, Lady Walmsley, and other noble Lords, and in the debate in Committee. Like other noble Lords, I am grateful for the excellent briefings and guidance from the Children’s Rights Alliance for England, the Equality and Human Rights Commission and the Joint Committee on Human Rights. All three bodies underlined the key opportunity presented by the Bill to promote the rights and well-being of children in care and care leavers by placing a statutory duty on public authorities to have due regard to the UN convention.
Like other noble Lords, I hope that the Minister has reflected on his assertion in Committee that a statutory UNCRC duty would not have any real impact on children’s lives. He knows that the 2010 ministerial commitment to give due consideration to the CRC in all new legislation and policy has not led to the widespread change in mindset and culture across government departments that he acknowledges is vitally needed. Implementation of the Written Ministerial Statement has been both piecemeal and ad hoc, as we have heard.
The CRAE freedom of information discovery, and the single Department for Education example across government of any detailed analysis of the CRC and children’s rights being undertaken—and then only on one Bill—show just how far away we are from children’s rights routinely informing the development of law, policy and everyday practice nationally and locally. Indeed, the EHRC has pointed out that the DfE did not go into the level of detail that would have been expected had the statutory obligation been in force. For example, it did not look at the numbers of children affected or of those disproportionately affected, or provide a sufficient level of evidence to explain how conclusions on projected impacts had been reached. I look forward to hearing the Minister’s view of the experience of embedding children’s rights in law in Scotland and Wales, because there is strong evidence, as noble Lords have underlined, that the measures taken in both countries are starting to have the meaningful and practical effect he seeks.
Under Amendment 71, a children’s rights framework would embed the CRC within children’s services and public authorities working with children and families in England. Although many local authorities make reference to the CRC, few have an explicit child rights plan or strategy in place, and there is limited knowledge and understanding of the value of the child rights impact assessment as a key tool. A consistent approach to policy and practice is needed, using the CRC as a framework with nationally available guidance and support.
In a period of unprecedented cuts to public and local authority services, using the CRC to help safeguard children’s rights and ensure a rights-based approach to services is more important than ever. The CRAE has emphasised that too many children continue to experience daily systematic violations of their rights. Just last week we saw Shelter’s shocking report estimating that at least 121,000 homeless children in England, Scotland and Wales face Christmas in stopgap lodgings—the highest figure since 2007.
As the noble Lord, Lord Ramsbotham, underlined, this year’s report from the UN Committee on the Rights of the Child expressed serious concern at the impact of the Government’s recent fiscal policies and allocation of resources, and the disproportionate effect on disadvantaged children. I hope the Government will seize the opportunity presented by these amendments to address these very worrying concerns.
Lord Nash
My Lords, I am grateful to noble Lords for their amendments and for raising the important matter of the United Nations Convention on the Rights of the Child. This Government recognise the importance of the UNCRC and are fully committed to giving due consideration to the articles when making new policies and legislation. I also reassure noble Lords that one of the top priorities for this Government is the safety and well-being of children. In July, the Department for Education set out its vision of how reform of the children’s social care system will bring about improved outcomes for all children, particularly the most vulnerable.
At a local and national level, listening to the voices of children when determining what policies to develop, how those polices should be implemented and what services should be developed, should be second nature to us. Indeed, the Children Act 1989 requires that the local authority shall give due consideration to the child or young person’s wishes and feelings, having regard to their age and understanding, when taking decisions about them. We believe that the way to promote children’s rights is for strong practitioners locally to listen to children and to act in ways which best meet their needs. A duty alone will not do that, and risks practitioners focusing on the wording of the legislation rather than on practice. The Government will consider how best to strengthen compliance with the convention in a way which promotes better practice and a culture of focusing on children’s rights. In doing so, we will pay close attention to what is happening in Scotland and Wales.
Noble Lords will know that earlier this year in Geneva, the UK was commended for great strides made in legislation and in guidance to ensure that all children are protected from harm. Since the summer, the Government have reaffirmed their commitment to the UNCRC through a Written Ministerial Statement from the Minister for Vulnerable Children and Families. This reinforced our view that to achieve implementation of the UNCRC, every department across Westminster must be proactive in considering children’s rights in policy-making. This was followed up with a letter from the DfE Permanent Secretary, Jonathan Slater, to his counterparts across government, challenging them and all their officials to keep the principles and conventions of the UNCRC at the centre of their policy-making and implementation, and to engage children and young people in the process. We are talking to the Children’s Commissioner about how she might hold the Government to account in this respect. It is important that officials are equipped with the right knowledge and skills to make sure they can reflect children’s rights within a policy framework, and we are looking at how to introduce a cross-Whitehall learning and development programme to help officials develop the best policies that take account of children’s rights and work effectively for children.
Noble Lords who have tabled these amendments clearly have considerable expertise and experience in this area, and they raise a very important point about whether more can be done in England to ensure that children’s rights are reflected adequately in our policy-making and implementation. I am grateful to noble Lords for tabling these amendments. I emphasise, however, that introducing new duties is not a step to be taken lightly. There are a number of additional steps we could consider, and we are keen to explore the benefits of the different potential approaches before deciding what further action might be taken. We therefore intend to revisit the significant action already taken to embed the UNCRC across Whitehall and beyond, and consider where there are opportunities to go further to better achieve the outcome we all want: for the rights of children to inform our policy thinking and service delivery.
Lord Lester of Herne Hill
Having heard the noble and learned Lord, Lord Hope of Craighead, does the Minister appreciate that there is a constitutional problem? The noble and learned Lord explained that even though the Convention on the Rights of the Child has not been made part of our law, the courts are still having regard to it and doing their best to comply with it. Would it not be much better if Parliament now turned that practice into something constitutionally even more respectable by making the convention part of our law, in the way that the Human Rights Act makes the European Convention on Human Rights part of our law?
Lord Nash
I heard what the noble and learned Lord, Lord Hope, said, and I will take that back and discuss it further, along with the point he made about the case to which he referred. I am happy to continue discussions with noble Lords who have contributed to this debate. I know that they have already had productive conversations in the past week with the Minister for Vulnerable Children and Families, although not as productive as they would have liked. I would expect those to continue. The DfE will look at all options open to us, but I regret that I cannot commit to a timetable, nor can I commit to returning to the issue before Third Reading. However, noble Lords should be reassured of our very firm intention to take further action. In view of this, I hope they will feel reassured enough to withdraw their amendments.
Baroness Walmsley
My Lords, I thank the Minister for his response. I thank my noble friend Lord Lester, the noble and learned Lord, Lord Woolf, the noble Baroness, Lady Lister, and the noble Earl, Lord Listowel, who, I am delighted to say, mentioned UNICEF’s very effective Rights Respecting Schools programme. I wonder whether the noble and learned Lord, Lord Hope, agrees with me that if we had had the duty we are proposing in these amendments, perhaps fewer cases would have come to the Supreme Court for him to make a decision on.
We do not have full incorporation of the UN Convention on the Rights of the Child into UK law. This amendment falls far short of full incorporation. It is limited to functions relating to safeguarding and the welfare of children, and they would be enormously helpful as a first—not a last—consideration when setting policy in the specific areas that are in the scope of the Bill.
Nobody is suggesting that the duty to have due regard is a silver bullet. As the Minister said, we of course have to improve what practitioners do on the ground and the culture within which they work. I called in aid what has happened about the PSED: it has certainly had that effect in the area of equalities. The Government seem to be determined to consider everything else first, rather than put into UK law the rights that children have as a result of the fact that we are signatories to the convention. I do not quite understand it.
We have heard from the Minister this evening and the Minister in another place yesterday that consultations will take place across Whitehall. I asked Mr Timpson how long that would take and whether it could take place in the two weeks between now and Third Reading. He said that would be rather ambitious because of the time it normally takes to have those consultations. I would like to be sure that those consultations will start straight away, following this evening’s debate so that, by the time we get to Third Reading, we could be convinced that the Government are determined to ensure that children’s rights are at the heart of policy-making. I am afraid we have not had that assurance this evening, so we are going to have to come back to this. The Minister has told us that talks can continue, and I am sure that the noble and learned Lord, Lord Woolf, and I will be very happy to continue them.
In the meantime, as has been said, the Government are missing an opportunity to send out the right message to the rest of the world, and particularly the UN Committee on the Rights of the Child, by accepting one or other of these amendments. I have not convinced the Minister so far, but I can assure him this is not the end of it.
Baroness Walmsley
I thank the Minister. I am aware that that is happening and it is very good. However, that is not the same thing as consulting all departments across Whitehall on how they could implement the “have regard” duty. That is what we would like to see starting.
Baroness Walmsley
I thank the Minister and look forward to hearing what ball has started rolling between now and Third Reading. For the moment, I beg leave to withdraw the amendment.
The Earl of Listowel (CB)
My Lords, I welcome the Government’s Statement. I am remembering an experience I had about 15 years ago, getting acquainted with a young Afghan woman in a hostel over several months. Each week when I saw her, she would be either in tears or very sad. She spoke a certain dialect of Pashto, and a translator was needed to be brought across London to help her communicate with others. She was a very lonely, isolated young woman. I remember arriving one day and hearing that she was in tears again. Her family’s city was being shelled, but she could not communicate with them to know what was happening. We cannot underestimate the trauma that many of these young people have experienced.
I would like to follow the noble Baroness, Lady Lister, in asking about their experience after they leave care. The strategy of distributing young people across England, which began in July, is very welcome, but there is concern that there may be lack of expertise within the new receiving local authorities. I would appreciate reassurance about how that expertise is being developed. In particular, there is always the concern that professionals are not giving young people—that is, unaccompanied asylum-seeking children—information early enough to clarify their immigration status. I thank the Minister for that nod.
It would be very helpful to get more information about what happens to these young people when they leave care—for example, data on whether they return home voluntarily or disappear from sight altogether. All that kind of information would be helpful in terms of understanding their welfare needs into the future. I will not speak further now. I look forward to the Minister’s response.
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, I am very grateful to the noble Lord, Lord Dubs, the right reverend Prelate the Bishop of Durham, the noble Baroness, Lady Sheehan, and the noble Lord, Lord Watson of Invergowrie, for this amendment on the vital issue of the safeguarding of unaccompanied asylum-seeking and refugee children. The noble Lord, Lord Dubs, really wanted to be here tonight but is attending the small matter of a presidential election. He toyed with the question of which one to attend but, as I understand it, could not get a flight home—and that is genuinely why he is not here tonight. I echo the right reverend Prelate’s words about the work that the Churches do—they do sterling work—especially, as I mentioned earlier today, the role they have played in the community sponsorship scheme, a scheme in which the most reverend Primate the Archbishop of Canterbury also is engaged. Schemes such as that are very beneficial indeed to some of the people coming to this country.
The Government are committed to safeguarding and promoting the welfare of children and providing help for those in genuine need of international protection. In the light of the events of the past few weeks around the closure of the camp in Calais, we agreed that further action needs to be taken to supplement existing safeguarding guidance and practices and to ensure that we continue to act in the best interests of those children arriving in the UK.
Our priority throughout has been to ensure the safety and welfare of the children, whether they are transferred here or arrive of their own accord. We have already taken significant action. In July, for example, we implemented the national transfer scheme to promote a fairer distribution of care responsibility among local authorities across the country. That was accompanied by very substantial increases in Home Office funding to local authorities. We have also worked closely with France and other EU countries, with local authorities here, and with other partners to transfer eligible children to the UK as quickly as proper safeguarding procedures and other necessary checks will allow.
Since 10 October more than 60 girls—many of whom have been identified as at high risk of sexual exploitation —have arrived in the UK and are now receiving the care and support that noble Lords talked about. In total, we have transferred more than 300 children. More are expected to follow in the coming days and weeks.
We are in full agreement that there is absolute value in a strategy setting out how we will safeguard these unaccompanied children. However, we believe that this intention would be better served through the commitments given on 1 November in the Written Ministerial Statement by the Minister for Vulnerable Children and Families and the Minister for Immigration. The strategy that the Government have committed to publish by 1 May 2017 will reinforce the comprehensive protection that we already provide for unaccompanied asylum-seeking children in this country and for those who have been transferred here from Europe, whether they are reunited with family members or looked after by a local authority. To reiterate, the care they receive is exactly what we would expect to provide for UK children. These children are no different.
We will also set out plans to increase foster care capacity for those children who are looked after and will consider what further action can be taken to prevent them from going missing. This will ensure they receive the best support possible while seeking refuge in our country. Additionally, we will review what information is communicated to these children about their rights and their entitlements, revise statutory guidance provided to local authorities on how to support and care for them, and regularly review the level of funding that is granted to assist them in doing so. To ensure that we are held to account on our progress, we will provide annual updates to Parliament and more regular quarterly updates to the Children’s Commissioners across the UK.
We believe that the commitments we have given are the best approach to safeguarding the welfare of these children. I fully agree with the spirit of this amendment, as I said to the noble Lord, Lord Dubs, but primary legislation on this matter would limit our ability to respond to what is a complex and developing situation across Europe and beyond. That is why we set out our commitments through the WMS. This approach also enables us to take proper account of the devolved responsibility for safeguarding matters, which the amendment would not. We welcome the support of local authorities across the UK in dealing with the needs of unaccompanied children and will continue to work closely with them and with the devolved Administrations on these issues.
The Government are determined to do everything we can to protect these unaccompanied children. Their welfare in the UK is our first priority. That is why the comprehensive strategy we have committed to publish will build on the actions that we have already taken and go further to ensure that these children are, and remain, safeguarded.
The Government are also clear that we must do everything possible to prevent children from undertaking these perilous journeys to Europe. That is why we have pledged over £2.3 billion in response to the crisis in Syria and resettled nearly 3,000 people, half of whom are children, under the Syrian vulnerable persons resettlement scheme. We remain committed to resettling 20,000 of the most vulnerable Syrian refugees direct from the region and, in addition, we have established a new resettlement scheme focused on vulnerable children in the Middle East and north Africa.
I had some answers to the questions asked by the noble Baroness, Lady Sheehan. She said that there was no mention of Section 67. The WMS goes wider than the proposed amendment, and those transferred from Europe includes those under Section 67, as Section 67 is not actually a resettlement route. The other question is about how many Home Office officials were in the camp and supported the clearance. There were several hundred supporting the camp clearance. I have said this many times at this Dispatch Box, but we can operate in France only in ways agreed with the French Government. We cannot just go in and do what we would. I hope that the noble Baroness will be content not to press her amendment.
Baroness Lister of Burtersett
I did ask two very specific questions, or raised two issues. Maybe the Minister cannot answer them now, but will she undertake to write to me about them, please? They were about what happens to the children when they reach the age of 18 and guardianship.
Baroness Williams of Trafford
On a child reaching 18, obviously the needs of every child who comes here are different, depending on the circumstances. If a child is in local authority care and is in that transition period into adulthood, it would be exactly the same process as a child from this country—and it may be that the child is returning to their country. I can lay it out in more detail for the noble Baroness, but each situation is different. Was there a second question?
Baroness Sheehan
I thank the Minister for her reply and accept that there were a lot of Home Office officials during the evacuation of the minors from the shipping containers. The question I asked was about how many officials there were after the evacuation, because my information was that there were not very many.
Baroness Williams of Trafford
I cannot give the noble Baroness a specific figure, because the figures change all the time depending on the capacity that is needed at the camp at various times.
Lord Watson of Invergowrie
My Lords, this has been a vigorous debate on a very important subject with a very broad base of agreement. I take on board the points made by the noble Baroness, Lady Sheehan—I was not aware of that before, but I think that the Minister has answered the question on Section 67 of the Immigration Act, and the two points raised by my noble friend Lady Lister will be addressed by letter. All in all, and given what was said at the outset—that my noble friend Lord Dubs was very satisfied with the Statement—I beg leave to withdraw the amendment.
“Social Work England
(1) A body corporate called Social Work England is established.(2) Social Work England is referred to in this Part as “the regulator”.(3) Schedule (Social Work England) makes further provision about the regulator. (4) The Secretary of State may by regulations rename Social Work England.(5) Regulations under subsection (4) may include consequential amendments to any provision contained in or made under this or any other Act.”
Lord Nash
My Lords, I thank noble Lords for the supportive work and consultation across the House since Committee, which has substantially strengthened the Bill in this regard. I speak on behalf of both the Department for Education and the Department of Health in saying how much we value the expertise that noble Lords across the House have added to the debate. We have listened carefully to their concerns and have tabled a number of amendments to reflect them. I hope noble Lords will recognise how far we have come.
I shall now pause to hear the responses of noble Lords to what I have said and to allow them to speak to their amendments.
Lord Hunt of Kings Heath (Lab)
My Lords, I thank the noble Lord, Lord Nash, his ministerial colleagues and officials because we had the opportunity for a series of meetings between Committee and Report which have culminated in the amendments the noble Lord has brought before your Lordships’ House tonight. I am grateful to him and his colleagues.
Clearly we now have an independent regulator, overseen by the Professional Standards Authority, and we are happy with that outcome. For the social work profession, the improvement agenda and the regulatory agenda this is a sensible way forward.
I have couple of points to mention to the Minister to which he may wish to respond in writing. First, on the issue of the transition, there is a question of whether the cases now being held by the existing regulator will remain with that regulator or will transfer to the new regulator when it has been set up. My advice to the Government would be to leave those cases with the existing regulator so that the new regulator can start with a clean sheet. The Government will need to consider this and I would be happy for the Minister to write to me in due course.
Secondly, the PSA feels that the powers have perhaps been too widely drawn. I understand the Government are looking at this issue. Perhaps the Minister could confirm that. Thirdly, can he confirm that the consultation on the establishment of the regulator will be extensive?
On fees, I understand from the note that we have seen that, in essence, the setting-up costs will be met by the Minister’s department, which will also meet the additional costs of the new regulator, and that the commitment is to the next Parliament. If he could confirm that, I would be extremely grateful.
Overall, I am happy with the outcome.
Lord Warner
My Lords, I echo the support given by other parts of the House to the Minister. I am grateful for the fact that Edward Timpson was very much in listening mode. He was extremely helpful in taking forward and dealing with the concerns many of us had with the original version of Part 2.
I echo the point made by the noble Lord, Lord Hunt, regarding the PSA’s concerns about how widely the powers have been drawn. It has been given powers to go to the High Court, which is not the arrangement it has with all the other health and care regulators. It is pretty nervous about the cost implications. Also, on the point the noble Lord made about the transition arrangements, a very large number of cases need to be dealt with, and there needs to be an orderly transfer.
My name has been added to Amendment 116, the intention of which is to get the Minister to explain why the affirmative resolution procedure applies to most of this part of the Bill, but the negative procedure applies to changing the name of the regulator. Is there some cunning plot in the DfE regarding another lot of names they have in mind?
Lord Nash
My Lords, I am grateful to the noble Lords, Lord Hunt and Lord Warner, for their comments. I will write to the noble Lord, Lord Hunt, about the transition arrangements. His advice is helpful. I can reassure noble Lords that we have no intention of expanding the PSA’s role in relation to its power to appeal cases to the High Court, but I will cover that in a letter to the noble Lord.
On funding Social Work England, we will ensure that any set-up costs will not fall on social workers themselves, and we are committed to supporting its running costs. Social workers already pay one of the lowest fees of any profession and we are determined to keep these as low as possible. It is of course normal practice for professional regulation fees to be subject to review from time to time. However, the amendments will ensure that Social Work England will also have to seek the approval of the Secretary of State before determining the level of fees. This will allow Ministers to exercise appropriate control over any future plans by the regulator to increase fees. I hope that reassures the noble Lord.
On the issue raised by the noble Lord, Lord Warner, we have reflected the principle he wanted in Amendment 115, which inserts a new clause to make specific provision for parliamentary procedures relating to regulations made under Part 2. This sets out that all regulations in the main body of Part 2 will be subject to the affirmative procedure. There is an exception for renaming the regulator. Frankly, that is because we believe a name change represents a relatively minor change and the negative procedure allows for sufficient scrutiny. A name change would, of course, not involve any change to the fundamental objectives and functions of the regulator or any of the other provisions governing the regulator’s operations. I hope the noble Lord is reassured to hear that, and that noble Lords are happy with the amendments.
“Over-arching objective
(1) The over-arching objective of the regulator in exercising its functions is the protection of the public.(2) The pursuit by the regulator of its over-arching objective involves the pursuit of the following objectives—(a) to protect, promote and maintain the health, safety and well-being of the public;(b) to promote and maintain public confidence in social workers in England;(c) to promote and maintain proper professional standards for social workers in England.”
“(1) The regulator must keep a register of social workers in England.(1A) The Secretary of State may by regulations require the regulator to keep a register of people who are undertaking education or training in England to become social workers.”
“(1) The regulator must determine and publish professional standards for social workers in England.“(1A) If the regulator is required to keep a register of students, it must determine and publish standards of conduct or ethics for registered students.(1B) Before determining a standard under this section the regulator must—(a) consult such persons as the regulator considers appropriate, and(b) obtain the Secretary of State’s approval of the standard.”
“(1) The regulator must, in relation to people who are or who wish to become social workers in England, determine and publish standards of education or training.(1A) Before determining a standard under this section the regulator must—(a) consult such persons as the regulator considers appropriate, and(b) obtain the Secretary of State’s approval of the standard.”
“(1) The regulator must—(a) make arrangements for protecting the public from social workers in England whose fitness to practise is impaired, and(b) make arrangements for taking other disciplinary action against social workers in England.(1A) The Secretary of State may by regulations require the regulator to make arrangements for taking disciplinary action against registered students.(1B) The Secretary of State may by regulations make further provision about—(a) fitness to practise as a social worker in England,(b) discipline of social workers in England or registered students, and(c) the arrangements to be made under subsection (1) or (1A).”
“(1) The regulator may publish or disclose information about any matter relating to its functions or give advice about any matter relating to its functions.(2) The Secretary of State may by regulations —(a) make provision requiring the regulator to publish or disclose information, or give advice, under subsection (1);(b) make other provision supplementing subsection (1).”
“(1) The regulator must where appropriate co-operate with the following in the exercise of its functions—(a) Social Care Wales,(b) the Scottish Social Services Council,(c) the Northern Ireland Social Care Council, and (d) any other person specified in regulations made by the Secretary of State.(2) Until section 67(3) of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) comes fully into force, the reference in subsection (1)(a) to Social Care Wales is to be read as a reference to the Care Council for Wales.”
“( ) The Secretary of State may make a scheme for the transfer of property, rights and liabilities from the Health and Care Professions Council (the “old regulator”) to Social Work England.( ) The things that may be transferred under a transfer scheme include—(a) property, rights and liabilities that could not otherwise be transferred;(b) property acquired, and rights and liabilities arising, after the making of the scheme.”
“(1) The Secretary of State may make grants to the regulator.(2) A grant under this section may be made subject to any conditions the Secretary of State thinks are appropriate.”
“Information for Secretary of State
The regulator must provide any information that the Secretary of State requests in relation to the exercise of the regulator’s functions.”
“Parliamentary procedure for regulations
(1) Regulations under section (Social Work England) (renaming of Social Work England) are subject to the negative resolution procedure.(2) Any other regulations under this Part are subject to the affirmative resolution procedure.”
Baroness Walmsley
My Lords, my name is also on this amendment. The noble Lord, Lord Warner, has explained the reasons for it extremely cogently. The Government are trying to make a change at a time of considerable turbulence among social workers, both those who work with children and those who work with adults. As the noble Lord, Lord Hunt, has just said, further change is coming down the track.
I hope that the Government will accept the principle of review, learn and, if necessary, act after five years, by which time the changes in regulation that they are proposing will have had time to embed and we will have had the chance to see whether they have achieved the improvements that the Government are looking for. I can understand the Government’s wish to go about it in the way that they are doing given their requirement for considerable improvement in social work but, as the noble Lord, Lord Warner, clearly pointed out there is a good case for standing back after a reasonable period and looking at it again to see whether it has worked as everybody hopes it will.
Lord Nash
My Lords, I am grateful for noble Lords tabling Amendment 117 and welcome the intention behind it. We are committed to ensuring that these provisions and the work of Social Work England are independently reviewed. It is crucial that we ensure that the provisions bring about the reforms that are needed and that they remain fit for purpose.
I am sure that noble Lords agree that we must avoid any potential for the social work profession not to be regulated, but we should not risk the regulatory oversight of the profession being in any way uncertain. I can reassure noble Lords that this Government are making substantial investment in social work reform and will not leave the success of the body to chance. I can commit to go further than promising to reflect on the matter and meet the noble Lords who have raised this issue.
To ensure that Social Work England remains fit for purpose and carries out its functions effectively—and at the risk of being accused of trying to end this stage of consideration of the Bill on a high—I want to signal now my intention to table an amendment at Third Reading that commits on the face of the Bill to the carrying out of a formal independent review of the regulator five years from the point that Social Work England becomes fully operational. We will require the review to be laid before Parliament.
I anticipate that the review will consider the operation of the regulator with particular regard to its governance and oversight arrangements. I will also require those undertaking the review to consult representatives of the social work profession and other interested parties. I also reassure noble Lords that, following the review and discussions with Members of Parliament and Peers, the Secretary of State for Education and the Secretary of State for Health will be required to publish a response setting out the actions that will be taken.
I wholly agree with noble Lords that appropriate measures need to be in place to ensure that these provisions are independently reviewed. As I set out earlier, the Professional Standards Authority will undertake an independent review annually on how Social Work England discharges its functions. The amendment that I will propose will strengthen these measures further.
I hope that the commitments that I have set out tonight—that an annual report will be published by the Professional Standards Authority, and the tabling of an amendment that would see a full independent review after the first five years of Social Work England’s operation published and accompanied by a statement from both Secretaries of State setting out clearly their response—will reassure noble Lords of the Government’s commitment to getting this right not just now, but in the future. I am happy to meet noble Lords to discuss the details further, but in view of these commitments I hope that the noble Lord will agree to withdraw the amendment.
Lord Warner
I am astonished. The Minister seems to have got over his earlier depression and I am very grateful to him for his response. On that basis, I beg leave to withdraw the amendment.
““professional standards” includes standards relating to—proficiency;performance;conduct and ethics;continuing professional training and development;”
“( ) Sections 56, 57 and 58 extend to England and Wales and Scotland.”
“SCHEDULESOCIAL WORK ENGLANDStatus
1_(1) The regulator is not to be regarded—(a) as a servant or agent of the Crown, or(b) as enjoying any status, immunity or privilege of the Crown._(2) The members and staff of the regulator are not to be regarded as Crown servants.Members
2_ The regulator is to consist of— (a) a chair appointed by the Secretary of State, and(b) such other members as the Secretary of State may appoint.Term of office
3_ A member holds and vacates office in accordance with the terms of the member’s appointment (subject as follows).4_ A member may resign by giving written notice to the Secretary of State.5_ The Secretary of State may by notice in writing remove a member who—(a) has without reasonable excuse failed to discharge the functions of his or her office, or(b) in the opinion of the Secretary of State is otherwise unable or unfit to carry out his or her duties.Remuneration and pensions
6_ The regulator may pay to the members such remuneration, allowances and expenses as the Secretary of State may decide.7_ If required to do so by the Secretary of State, the regulator must—(a) pay such pensions or gratuities to or in respect of any member as the Secretary of State may decide;(b) pay such sums as the Secretary of State may decide towards provision for the payment of pensions or gratuities to or in respect of any member.Staff
8_(1) The regulator must appoint a person to be chief executive, but may only appoint a person who has been approved by the Secretary of State._(2) The chief executive is an employee of the regulator._(3) The Secretary of State may appoint the first chief executive.9_ The regulator may appoint other staff.10_(1) The regulator’s staff may be appointed on such terms, including relating to remuneration and pension arrangements, as the regulator may decide._(2) The regulator must obtain the Secretary of State’s approval for any terms relating to remuneration or pension arrangements.Procedure
11_ The regulator may determine its own procedure (including quorum).12_ No proceeding is invalidated by—(a) a vacancy in the office of chair, or(b) a defect in the appointment of any member.Delegation
13_(1) The regulator may delegate functions to a committee, sub-committee, member or member of staff._(2) The functions that may be delegated under sub-paragraph (1)—(a) include the power conferred by that sub-paragraph, but(b) do not include any power or duty to make rules.14_(1) The regulator may delegate functions to any other person if—(a) the regulator considers that the delegation is likely to lead to an improvement in the exercise of its functions, and(b) the person has agreed to the terms of the delegation._(2) The functions that may be delegated under sub-paragraph (1) do not include—(a) the power conferred by that sub-paragraph, or(b) any power or duty to make rules. _(3) The terms of a delegation under sub-paragraph (1) may include terms requiring payments by the regulator.15_(1) A function may be delegated under paragraph 13 or 14—(a) wholly or partly;(b) generally or only in specified circumstances;(c) unconditionally or subject to specified conditions._(2) A delegation does not prevent the regulator (or the person making the delegation, if different) from exercising the function or making other arrangements for its exercise._(3) A delegation does not affect any liability or responsibility of the regulator for the exercise of its functions.Membership of committees and sub-committees
16_(1) A committee or sub-committee of the regulator may include persons who are not members of the regulator._(2) The regulator may pay such remuneration and allowances as the Secretary of State may determine to any person who—(a) is a member of a committee or sub-committee, but(b) is not a member or member of staff of the regulator.Annual reports and accounts
17_ As soon as possible after the end of each financial year, the regulator must send the Secretary of State a report on the exercise of its functions during the year.18_(1) The regulator must keep proper accounts and proper records in relation to the accounts._(2) The regulator must prepare a statement of accounts for each financial year._(3) The statement must be in such form as the Secretary of State may direct._(4) The regulator must send a copy of the statement to —(a) the Secretary of State, and(b) the Comptroller and Auditor General,within the time period directed by the Secretary of State._(5) The Comptroller and Auditor General must—(a) examine, certify and report on the statement of accounts, and(b) send a copy of the certified statement and of the report to the Secretary of State as soon as possible.19_ The Secretary of State must, in respect of each financial year, lay before Parliament a document consisting of—(a) the annual report sent under paragraph 17, and(b) the certified statement of accounts and report sent under paragraph 18(5)(b).20_ In paragraphs 17 to 19 “financial year” means—(a) the period beginning with the day on which this Schedule comes fully into force and ending with the following 31 March, and(b) every subsequent period of 12 months ending with 31 March.Application of seal and evidence
21_ The application of the regulator’s seal must be authenticated by the signature of—(a) a member of the regulator, or(b) any other person who is authorised (generally or specially) for that purpose.22_ A document purporting to be duly executed under the seal of the regulator—(a) is to be received in evidence, and(b) is to be treated as so executed unless the contrary is shown. Disqualification
23_ In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified), at the appropriate place insert—“Social Work England.”Freedom of information
24_ In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general), at the appropriate place insert—“Social Work England.””
Wednesday 23rd November 2016
(8 years ago)
Lords ChamberChildren and Social Work Act 2017 Read Hansard Text Amendment Paper: HL Bill 69-I Marshalled list for Third Reading (PDF, 80KB) - (22 Nov 2016)
This text is a record of ministerial contributions to a debate held as part of the Children and Social Work Act 2017 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Baroness Benjamin (LD)
My Lords, I rise briefly to support my noble friend’s amendment and congratulate her on all the hard work she has done to ensure that the Minister listens to what she has said. I have visited many schools recently, and I am really surprised at the number of children, especially those in care, who are suffering from depression and anxiety. If we can do anything to make sure that no child slips through the net, it would be perfect, because childhood lasts a lifetime and we must give children the best start in the world—especially children in care, who need us to consider them.
The Parliamentary Under-Secretary of State, Department for Education (Lord Nash) (Con)
My Lords, I am delighted that we have come so far in our scrutiny of this Bill and are now debating the final amendments. I am sure that noble Lords will agree that the collected efforts of this House in bringing together different views and meeting a shared position have paid dividends that we can see in the Bill now before us.
I thank noble Lords for their time, attention and scrutiny, not only during the debates but in the many meetings and exchanges of correspondence between us. I am convinced that the House will be sending a Bill to the other place that will help ensure that all children, whatever their background, get the best start in life. I am grateful for this further opportunity to consider how collectively we can do more to promote the mental health and emotional well-being of looked-after children. As the noble Baroness, Lady Tyler, said, we had a positive discussion when the Minister for Vulnerable Children and I met her on 7 November along with the co-chairs of the expert working group. I am pleased that the co-chairs, Alison O’Sullivan and Professor Peter Fonagy, were able to give a full account of their work.
We have listened very carefully to the arguments put forward by the noble Baroness and other noble Lords, and have reflected on the informative debates in Committee and on Report. The way in which the mental health of looked-after children is assessed, and the timing and scope of those assessments, is one of the key areas within the expert group’s remit. The group is currently collecting evidence about approaches to assessment so that the assessment happens at the right time and with the right people involved. The group intends to consider the pros and cons of specialist assessment and the optimum method of assessment. Its work will specifically reference the Development and Wellbeing Assessment, the Comprehensive Health Assessment Tool, and the use of the Strengths and Difficulties Questionnaire.
Our considered view, as I indicated on Report, is that we should not pre-empt the findings of the expert group. We need to let it develop its recommendations to be confident that we are making changes that will have the effect that I believe that we all, including the Department for Education, the Department of Health and NHS England, as well as noble Lords, want to see, and to which we are all committed. Of course, I completely understand the noble Baroness’s motivation: to ensure that opportunities to make progress are not lost ahead of October 2017, when the expert group is due to report, and I pay tribute to her for that. I am sure that the expert working group will want to engage with her and other noble Lords as it starts to consult expert witnesses.
I reassure the noble Baroness that we are not sitting idly waiting for the expert group to report. We are engaging with the Department of Health on its work with NHS England and Health Education England to identify how new training models for talking therapies might be expanded beyond healthcare services settings to, for example, school counsellors or those working in colleges. We are working with NHS England to roll out a new model of integrated mental health care in secure children’s homes to address needs holistically, co-ordinating the services of several providers. We have been testing the concept of a single point of contact in schools and CAMHS to improve collaborative working across schools and mental health services.
I also reiterate a commitment made on Report, which the Minister for Vulnerable Children has made to the Education Select Committee. The expert group plans to share the evidence base behind the chosen models and the pathway with interested parties, including noble Lords, in the spring. We are committed to acting on the findings of the expert group and will fully consider all the recommendations that it makes, including any recommendations that require legislation.
The amendment seeks to bolster what is already in Section 22 of the Children Act 1989, which places a general duty on local authorities to safeguard and promote the welfare of looked-after children. It is implicit that this means promoting their mental health and emotional well-being. Care planning regulations spell out what that means in more detail: undertaking health assessments that explicitly address mental and emotional health as well as physical health. I am very happy to revisit the relevant guidance and regulations to consider whether the terminology might benefit from being more explicit on the importance of mental health.
We had a helpful and constructive debate in Committee about strengthening the first corporate parenting principle in Clause 1 so that it included an explicit reference to mental and physical health. We have amended the Bill accordingly. In the accompanying statutory guidance we shall emphasise this further. Together with the principle that local authorities must have regard to the need to help looked-after children make the best use of services, it is a powerful lever to bring health to the table.
Alongside the work of the expert group, however, and given the importance of getting this right, I am very pleased to be able to tell the House that we will test new approaches to mental health assessments for looked-after children. We are in the early stages of working out what this should look like and we will want providers themselves, and children and young people, to help us develop and shape the model. We have not settled on the number of pilots, but our initial thinking is that between six and 10 would be sensible. Of course, we would want to ensure that they were representative in terms of factors such as urban and rural, and the characteristics of the looked-after population. What I can tell noble Lords today is that we plan to begin the pilots in April or May next year, and that they will run in parallel to the considerations of the expert working group. We intend to pilot mental health assessments as part of the existing health assessments that children receive when they start to be looked after.
We believe that running pilots in a number of local authority areas, potentially on a regional basis, to look at how mental health can be better assessed as part of the wider health assessment, will be complementary to the work of the expert group. It will also help to inform the implementation of any of its recommendations. These pilots will also guard against treating mental health in isolation from physical health and ensure that we address the needs of the whole child in a holistic manner. While I am not in a position to give chapter and verse on the details of the pilots this afternoon, I want to put on record our intention to develop and pilot a model of a holistic health assessment.
The point made by the noble Lord, Lord Ramsbotham, about a postcode lottery and how we would quality-assure the delivery of these pilots is something that we will consider. It is an important point and we will ask the expert group to look at it. We will ensure that the pilots look at quality-assurance models to see how any assessment should be assured. The independent reviewing officers will also have a role in ensuring that plans deliver what children need.
I will say a personal thank you to the noble Baroness, Lady Tyler, for her continued passion and commitment on this issue. I hope that the commitments that I have made today will provide sufficient reassurance for her to be able to withdraw her amendment.
“( ) relationships;”
Lord Nash
My Lords, as noble Lords will be aware, Clause 2 requires local authorities to consult on and publish a local offer for care leavers. The local offer will set out the services provided by a local authority to assist its care leavers as they move into adulthood and independent living. It should include services relating to health and well-being, education and training, employment, accommodation, and participation in society. On Report, noble Lords expressed concern that services relating to relationships were not included in this list. I recognise this concern and agree that strong and supportive relationships are critical to supporting care leavers to lead successful independent lives. I committed to consider in detail whether an amendment to the Bill would be the best way of securing the necessary progress in this area and, on reflection, we believe that it would. I have therefore tabled this amendment to add services relating to relationships to Clause 2. If local authorities believe that particular services may assist care leavers in or in preparing for adulthood and independent living, they will now have to publish information about these services as part of their local offer, alongside information about services relating to the other five areas stipulated in the clause.
The remainder of the amendments in this group should not, I hope, detain the House for too long. They are a set of technical and consequential amendments relating to Part 1 of the Bill. Amendment 7 allows regulations relating to local reviews of serious cases of harm and abuse that would otherwise be made under the negative scrutiny procedure to be made under the affirmative procedure. This will allow the Government to bring forward regulations relating to both local and national reviews for the House’s scrutiny in a single instrument, ensuring greater coherence and making best use of the House’s time. The other amendments create a new schedule to the Bill, which comprises changes necessary to existing legislation as a consequence of the substantive changes we have debated on the Bill.
Lord Farmer (Con)
My Lords, I thank my noble friend the Minister for bringing forward this welcome amendment—Amendment 2. It follows an amendment I tabled in Committee and on Report, to which the noble Baroness, Lady Tyler, my noble and learned friend Lord Mackay of Clashfern and my noble friend Lady Hodgson put their names. I am grateful to them for their enthusiastic support and for speaking so eloquently in the various debates. I tabled that amendment because it would remedy a serious omission in the list of the areas of support that local authorities are required to include in their local offer.
Recently, North Tyneside Council rallied staff across the authority to improve the employment outcomes of care leavers. Experience taught the council that it would need to be very intentional about ensuring that young people have at least one strong relationship with someone who genuinely and obviously thinks they matter. The council also knew that it would have to help them be part of a supportive network. This emphasis had to be explicitly stated if it was to become embedded in everyone’s practice.
There is a dynamic to this: it is not simply a case of providing young people with an adult who will keep in touch with them and to whom they can turn. Young people need to know how to maintain and grow relationships and how to work through conflict and avoid destructive feuds. Disruptions in attachment processes often lead to an understandable but ultimately vicious circle of an “I’ll reject them before they reject me” pattern of behaviour. Many long for independence far earlier than they can handle it because they do not want to be let down again. Furthermore, our individualistic culture seems to endorse the natural inclination to go it alone and avoid hurt. Not having relationships to draw on can also result in these young people being unbearably lonely, which can have severely negative effects on their health and well-being. It can undermine their education, their ability to maintain a tenancy or other accommodation and manage work, and their financial security. If they do not understand bills, they can easily get into arrears and debt, which can be quite terrifying. Such life skills often develop through a process of guided mastery—encouragement and guidance from someone who is genuinely concerned about them.
In summary, healthy and supportive relationships are fundamental to the other five areas included in the local offer. The Government’s amendment has the potential to tackle the haphazardness of current arrangements which mean that it is not automatic, and is probably highly unlikely, that young people will receive help and advice in the area of relationships.
Given the careful attention that the Minister and his team paid to this matter, I hope that this amendment is a portent of a more relational approach in many other areas of policy. Given the enthusiastic support from across the House that this amendment has received, I am sure that many other noble Lords would agree.
Lord Watson of Invergowrie
My Lords, I too welcome the amendment. The local offer for care leavers and the corporate parenting principles are two of the most valuable aspects of the Bill to emerge. Of course, they were originally in the Bill and we have sought to improve them. The inclusion of the term “relationships” is certainly one of those improvements. I will add just one thing to what the noble Lord, Lord Farmer, said. The question of relationships is not just about having someone to whom the child or young person can relate but about having the ability and the knowledge to build relationships in his or her adult life so that, we hope, that can confirm stable relationships for them and their own children. I support Amendment 2 and the somewhat impenetrable Amendment 12, which is consequential, and the other consequential amendments which the Minister has put forward in his name.
Lord Nash
My Lords, I am grateful to my noble friend Lord Farmer for driving this point so forcefully and to the noble Earl, Lord Listowel, the noble Baroness, Lady Tyler, and the noble Lord, Lord Watson, for their positive contributions to today’s debate. I also thank my noble and learned friend Lord Mackay of Clashfern and the noble Lord, Lord Warner, for speaking on this important issue on Report. I am pleased to have been able to respond positively to them and I hope noble Lords will welcome and accept the amendment.
“Chapter 1: consequential amendments
Schedule (Part 1 of this Act: consequential amendments) contains amendments consequential on this Chapter.”
“Regulations under provisions inserted by sections 12, 15 and 16
In section 66(3) of the Children Act 2004 (regulations subject to affirmative procedure), after “12B(1)(b)” insert “, 16B (whether alone or with regulations under section 16F), 16E(3)”.”
“Chapter 2: consequential amendments
Schedule (Part 1 of this Act: consequential amendments) contains amendments consequential on this Chapter.”
Lord Nash
My Lords, I am grateful to the noble and learned Lord, Lord Woolf, the noble Baronesses, Lady Walmsley and Lady Hamwee, and the noble Lord, Lord Ramsbotham, for this amendment and for raising this important matter of the United Nations Convention on the Rights of the Child. I am also grateful for the contributions to today’s debate from the noble Baronesses, Lady Lister and Lady Wheeler, the noble and learned Baroness, Lady Butler-Sloss, the noble Earls, Lord Sandwich and Lord Listowel, and the noble Lords, Lord Warner and Lord Judd. We had a helpful discussion of the issue on Report, and today’s discussion has been helpful as well. There is a lot of common ground between us though perhaps we take different approaches over what needs to happen next and what could have the most impact in changing culture and behaviour and improving the way we consider children’s rights in policy-making.
Let me start by again emphasising the Government’s commitment to children’s rights. No one questions the importance of the UNCRC and we are fully committed to giving due consideration to the articles when making new policies and legislation. We are equally determined to safeguard and promote the welfare of all children. Nothing could be more important.
As noble Lords are aware, this commitment is already enshrined in existing legislation and statutory duties. The Children Act 1989 and the Children Act 2004 set out a range of duties to safeguard and promote the welfare of children. Specifically, Section 11 of the Children Act 2004 places duties on a range of organisations including local authorities, the police, health services and a variety of other agencies to ensure their functions and any services that they contract out to others are discharged having regard to the need to safeguard and promote the welfare of children. In 2013, we issued statutory guidance to directors of children’s services which requires them to have regard to the general principles of the UNCRC and ensure that children and young people are involved in the development and delivery of local services.
In addition to legislation, a range of monitoring practices is also in place. Through the single inspection framework, Ofsted assesses the experiences of children and young people, tests the thresholds for providing help, care and protection, and evaluates the quality of this support. This reporting process is independent. Forcing local leaders to produce similar five-yearly reports is unlikely to offer the same level of scrutiny. Of course, we should not forget the role of the Children’s Commissioner. The Children and Families Act 2014 gave the Children’s Commissioner the explicit function of promoting and protecting the rights of children, having particular regard to the UNCRC and making sure their best interests are brought to the attention of decision-makers, both locally and nationally.
However, we would fully accept that there is more to do to embed the UNCRC in policy and practice. Across the UK, there are differing approaches to securing ministerial commitment to the UNCRC. Scotland and Wales have both gone down the route of putting a duty on their Ministers in regard to children’s rights and the UNCRC. In Westminster, our prime objective is to bring about sustained change to the culture that does more than force officials and practitioners to take greater account of the UNCRC—the noble Lord, Lord Judd, referred to this. We want policymakers and others to see the value of the UNCRC in their everyday work. Only last month, Minister Timpson spoke at a parliamentary event and—as the noble and learned Lord, Lord Woolf, mentioned—laid a Written Ministerial Statement reinforcing the message that, to achieve implementation of the UNCRC, every department across Westminster must be proactive in considering children’s rights in policy-making. As the noble and learned Lord also mentioned, the DfE Permanent Secretary, Jonathan Slater, wrote to his counterparts across government, challenging them to keep the convention at the heart of their policy-making and implementation, and to engage children and young people in the process.
We are determined to follow this through with a number of measures designed to embed children’s rights across Whitehall and beyond. These include introducing a programme to raise awareness of UNCRC among civil servants, with an understanding of what it means to have regard to the articles when carrying out public duties in relation to children. The programme will include a new core learning and development offer through Civil Service Learning, and an offer through the policy profession led by the director-general for children’s services and the chief social worker. This work will begin in January 2017 with the learning and development offer in place within six months. This goes further than we have gone previously in making training an integral part of Civil Service development. I am sorry that the noble Baroness, Lady Walmsley, believed that we had promised to start this earlier. I understand that we committed to look at all the options, including the models adopted by the devolved Administrations. We have had information from Scotland and Wales and are considering it. I hope the noble Baroness is reassured by my statement that we will start this programme in January.
We also have a commitment to work with the Joint Committee on Human Rights in its plans to develop a template for child rights impact assessments and on any associated guidance and good practice. We will host a round table in January next year with a range of stakeholders, including UNICEF and the Children’s Rights Alliance for England, to explore how we can develop a framework for this work. We will make sure there is input from those with experience and expertise who can support us to change behaviour and culture and promote children’s rights in policy-making at both local and national level. We will work with UNICEF and others to spread best practice from local authorities which have a good track record in promoting children’s rights and articulate the principles and values associated with that practice. At the next review of the statutory guidance Working Together to Safeguard Children, we will consider how the underpinning principles can be strengthened to reflect children’s rights, and we will, of course, continue to discuss and review progress with relevant non-governmental organisations.
The noble Baroness, Lady Lister, asked about evidence. As part of our consideration of implementation of the duties in Wales and Scotland, we will be considering the impact on children of policy-making. We know that UNICEF and others have some rich evidence, and we have asked them to provide it to us for further consideration. The noble Lord, Lord Warner, asked about impact assessments. There is already a strong recommendation within the Cabinet Office guidance to carry out impact assessments for new legislation.
I hope this reassures noble Lords of our wholehearted commitment to children’s rights. We will continue to observe and assess the results of the various approaches to implementing the UNCRC and will be very pleased to involve noble Lords who wish to be involved in that ongoing work. I appreciate the arguments that noble Lords have used to support the amendment, but I hope that our firm commitment to the UNCRC and our plans further to promote and embed it will convince the noble and learned Lord that his amendment is unnecessary.
Lord Woolf
I thank the Minister for that response and I thank all noble Lords who have contributed to this debate. I particularly thank the noble Baroness, Lady Walmsley, whose support I found essential during earlier events, especially when visiting Ministers about this matter. I pay particular attention to what the Minister said. As he spoke, I was very much reminded of what the noble Lord, Lord Judd, said about the importance of the convention underpinning what the Government are doing, which we applaud. Does the Minister still not think that instead of underpinning the convention he might be undermining it unintentionally? I hope he will take that thought away and that by the time the matter arrives in the other place the Government will have had a rethink on this matter. I beg leave to withdraw the amendment.
“Review by independent person
(1) The Secretary of State must commission an independent person to—(a) review the operation of this Part during the review period, and(b) send a report to the Secretary of State on the findings of the review.(2) In carrying out the review the independent person must consult representatives of social workers in England and anyone else that the person considers appropriate.(3) On receiving the report the Secretary of State must lay it before Parliament.(4) The Secretary of State must also lay before Parliament a response to the report.(5) The review period is 5 years beginning with the day on which section 33(1) comes fully into force.”
Lord Nash
My Lords, during our debate on Report, I signalled my commitment to table an amendment that ensures that an independent review of the provisions in Part 2 takes place. Amendment 11 meets that commitment. On Report, noble Lords spoke of the need to ensure that these provisions remain fit for purpose. I agree—in fact I believe I astonished the noble Lord, Lord Warner, with that agreement—that it is crucial that these provisions bring about the reforms that are needed and that they remain fit for purpose.
This amendment ensures that an independent review is undertaken within five years from the point that Social Work England becomes fully operational. The review will be able to cover all aspects of Part 2 of the Bill. Those undertaking the review must consult with representatives of the social work profession and anyone else that they consider appropriate. Following the review and discussions with Members in the other place and noble Lords, the Secretary of State for Education and the Secretary of State for Health will be required to publish a response to the review.
As noble Lords are aware, to ensure the effective operation of Social Work England and that robust independent oversight measures are in place, the Professional Standards Authority will undertake independent reviews on how Social Work England discharges its functions. This new amendment further strengthens the independent scrutiny of Social Work England.
Lord Hunt of Kings Heath (Lab)
My Lords, I do not think I will follow that comment.
If the noble Lord, Lord Warner, was astonished, I was certainly very pleased with the way in which the Minister acknowledged on Report that this is an important issue. I welcome the amendment. I take the opportunity of thanking the Minister, the honourable Edward Timpson in the other place and officials in both the Minister’s department and the Department of Health for the tremendous amount of work they have done in response to the issues raised. We are very satisfied with the outcome.
Lord Nash
My Lords, we are all aware that social workers play a critical role in our society. It is in order to protect the public that we need a strong bespoke regulator committed to the social work profession. With noble Lords’ assistance and engagement, I am confident that we have arrived at a strengthened position and an improved model for the new regulator.
I believe the provisions in Part 2 of the Bill will lead to the establishment of an effective and successful bespoke regulator for social workers, with appropriate independence from government and clear oversight from the Professional Standards Authority. It is right, though, that these provisions be reviewed, and this amendment will ensure that that happens. I therefore hope noble Lords are able to accept this amendment. I am pleased that we are able to finish on such a positive note.
Before I sit down, I take this opportunity to say a few words of thanks to the House. Your Lordships’ House has been unwavering in the rigour and attention to detail that it has brought to bear as we have debated the Bill. I know that on occasion there has not been as much time as noble Lords would have liked to consider the provisions of the Bill before they have been debated, and I know that I have made further demands on noble Lords’ time through meetings, briefings, letters and policy statements. I can only apologise and say how grateful I am for the efforts that have been taken to bring the House’s expertise fully to bear on these matters.
I also thank my ministerial colleagues, particularly of course the Secretary of State and the Minister for Vulnerable Children and Families, who will now be taking the Bill on its next steps. I join noble Lords today in thanking officials, and I shall certainly take back their kind words to everyone involved in the department. In closing, I note the co-operative approach that has been taken on all sides and thank the House again for its constant efforts to find common ground in the best interests of all our country’s children.
Lord Watson of Invergowrie
My Lords, before the Minister sits down, I, too, should like to say a few words about the Bill, as it proceeds to another place. First, I record the thanks of these Benches for the advice and support supplied by the clerks and the Public Bill Office. It is not often that a Lords starter Bill moves down the Corridor containing such a plethora of changes from the form in which it was introduced to your Lordships’ House six months ago. To some extent, that is a reflection of the form in which it was received—which, noble Lords may recall, prompted Labour to take the unusual step of submitting an amendment on Second Reading regretting that Part 2 was bereft of detail, a fact drawing criticism from both the Constitution Committee and the Delegated Powers Committee.
“SCHEDULEPART 1 OF THIS ACT: CONSEQUENTIAL AMENDMENTSPART 1AMENDMENTS RELATING TO CHAPTER 1Local offer for care leavers
1 In Schedule 1 to the Local Authority Social Services Act 1970 (social services functions of local authorities), in the table, at the appropriate place insert—
“Children and Social Work Act 2016 | |
Section 2 | Local offer for care leavers.” |
5 In paragraph 1(1)(g) of Schedule 3 to the Nationality, Immigration and Asylum Act 2002 (kinds of support for which certain people are ineligible), after “23C,” insert “23CZB,”.6 In section 83A(5)(a) of the Apprenticeships, Skills, Children and Learning Act 2009 (apprenticeship offer: application to persons provided with support under Children Act 1989)—(a) for “21” substitute “25”;(b) after “23C” insert “or 23CZB”.PART 2AMENDMENTS RELATING TO ABOLITION OF LOCAL SAFEGUARDING CHILDREN BOARDS7 In Schedule 1 to the Local Authority Social Services Act 1970 (social services functions of local authorities), in the entry relating to the Children Act 2004—(a) for “13 to 16” substitute “16A to 16Q”;(b) omit “targets for”;(c) omit “, and to Local Safeguarding Children Boards”.8 (1) Section 83 of the Children Act 1989 (research and returns of information) is amended as follows.(2) In subsection (1), in paragraph (aa), for “of Local Safeguarding Children Boards;” substitute “of—(i) the Child Safeguarding Practice Review Panel;(ii) safeguarding partners (within the meaning given by section 16E(3) of the Children Act 2004) in relation to local authority areas in England;(iii) child death review partners (within the meaning given by section 16Q(2) of the Children Act 2004) in relation to local authority areas in England;”.(3) In subsection (2) omit paragraph (aa).(4) In subsection (3) omit paragraph (c) (and the “and” before it).9 (1) Section 31 of the Children and Young Persons Act 2008 (supply of information concerning deaths of children) is amended as follows.(2) In subsections (2) and (4), for “appropriate Board” substitute “appropriate authority”.(3) In subsection (5), for “Subsection (6) applies” substitute “Subsections (5A) and (6) apply”.(4) After subsection (5) insert—“(5A) Where the registrar’s sub-district is in England, the registrar must, before the end of the required period, secure that the appropriate authority is notified—(a) of the issuing of the certificate; and(b) of the registrar’s belief and the grounds for it.”(5) In subsection (6)—(a) at the beginning insert “Where the registrar’s sub-district is in Wales,”;(b) omit “Local Safeguarding Children Board in England or”.(6) In subsection (7)(c), for “subsection” substitute “subsections (5A) and”.(7) After subsection (8) insert—“(8A) The child death review partners for each local authority area in England must—(a) make arrangements for the receipt by them of notifications under this section; and(b) publish those arrangements.”(8) In subsection (9) omit “Each Local Safeguarding Children Board in England and”. (9) Subsection (10) is amended as follows.(10) In the definition of “the appropriate Board”—(a) for “Board” substitute “authority”;(b) in paragraph (a), for “the Local Safeguarding Children Board in England in whose area” substitute “in relation to a register kept for a sub-district in England, the child death review partners for the local authority area within which”;(c) in paragraph (b), at the beginning insert “in relation to a register kept for a sub-district in Wales,”.(11) At the appropriate place insert—““child death review partners” has the meaning given by section 16Q(2) of the Children Act 2004;”.(12) Omit the definition of “Local Safeguarding Children Board in England”.”
Monday 5th December 2016
(8 years ago)
Commons ChamberChildren and Social Work Act 2017 Read Hansard Text Amendment Paper: HL Bill 69-I Marshalled list for Third Reading (PDF, 80KB) - (22 Nov 2016)
This text is a record of ministerial contributions to a debate held as part of the Children and Social Work Act 2017 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Minister for School Standards (Mr Nick Gibb)
I beg to move, That the Bill be now read a Second time.
I am delighted to be able to open the debate in the absence of the Secretary of State, who is in Shanghai at the education summit. I know she regrets not being here, and she sends her apologies.
As the Secretary of State made clear when she spoke at the national children and adult services conference a few weeks ago, nothing is more important than making sure that children get the best start in life, feel safe, are well looked after and are able to fulfil their dreams. Nowhere is that more important than for those children who do not have the benefit of a loving family to help them on their way and to support them as they grow up, or who face other significant challenges, which make it harder for them to flourish and thrive.
Children’s social care professionals perform some of society’s most vital, most important work, and we entrust them with nothing less than keeping our children safe and making life-changing decisions about what is best for their futures. These are highly challenging, highly complex tasks, performed by deeply dedicated and committed individuals.
However, as we all know, the system in which these individuals work is far from perfect, meaning the help and support being offered to vulnerable children in different parts of the country is a long way from being consistently excellent. Evidence from Ofsted shows that most local authorities struggle in some way to provide consistently effective core social work practice. That is why this Government are determined to bring about the widest-reaching reforms to children’s social care and social work for a generation.
Reviews by Professor Eileen Munro, Sir Martin Narey and Professor David Croisdale-Appleby, among others, have given us a deep understanding of the challenges faced by children’s social care. They have described a system in which initial social worker training is not consistently preparing students for the challenges of the job, and those already doing it too often lack the time, specialist skill and supervision needed to achieve real change for children and families; a system that focuses too much on management and is governed by prescribed approaches rather than excellent practice; and a system where services have not always been designed around vulnerable children, and innovation has not been given enough space to thrive.
Over the last six years, the Government have taken important steps towards addressing these challenges. For example, we have raised standards in children’s homes and enabled young people in foster care to remain with their carer up to the age of 21. We have invested £100 million through our innovation programme to allow radical new approaches to children’s social care to be developed and tested. In April, we announced a £200 million extension to the programme to take this further still. We have taken a variety of steps to enhance the status, skills and capacity of the social work profession—both for children and for adults. Those include appointing chief social workers; publishing definitive statements of the knowledge and skills required by adults’ and children’s social workers; and investing over £750 million since 2010 in traditional and fast-track routes into the profession.
Jonathan Reynolds (Stalybridge and Hyde) (Lab/Co-op)
Will the Minister give way?
Mr Gibb
If the hon. Gentleman will forgive me, I would just like to explain some of the tenets of the Bill, and then I will take his intervention.
We are starting to see things change. This year, we have seen the first “outstanding” judgments under the most recent—and most challenging—Ofsted framework. Local authorities are testing innovative ways of supporting families through the children’s social care innovation programme. Examples of excellent leadership across the country are being celebrated by Ofsted and others.
However, we are under no illusion that there is still much more to be done. That is why, in July of this year, the Department for Education published a clear and ambitious vision and plan for the changes that need to be made to drive sustainable improvement across the whole country. This is our plan for putting children first. It sets out fundamental reforms across each of the three pillars on which the social care system stands: people and leadership, practice and systems, and governance and accountability. This Bill is a crucial part of delivering reforms across those three pillars.
Part 1 concerns children who are in care or supported by the state. Clause 1 sets out, for the first time, a set of corporate parenting principles designed to establish consistently high standards in the support of looked-after children and care leavers, and drive a culture of excellent corporate parenting. The principles are intended to help a local authority to think and act in the interests of the children in their care in the same way as any good parent would. This is not about putting a new set of duties on local authorities; it is about changing behaviour and practice. The aim is to ensure that all parts and every tier of local government have the needs and circumstances of looked-after children and care leavers in their minds in their planning and decisions. This responsibility goes beyond just children’s social care, reaching across the whole of the local authority.
Clause 2 will ensure that the corporate parenting ethos extends into adulthood and that all care leavers are clear about the support on offer to them and how to access it. Care leavers will have access to information about the services available to them through a local offer from their local authority, with each local offer based on consultation with care leavers themselves.
Clause 3 will give all care leavers access to support from a personal adviser at any point up to the age of 25. We amended the Bill in another place to make sure that the service is offered at least annually so that care leavers can take advantage of it whenever they need to.
Tim Loughton (East Worthing and Shoreham) (Con)
Will my hon. Friend give way?
Mr Gibb
If my hon. Friend will forgive me, may I make a little more progress, and then I will come back to him?
The next section of the Bill recognises that children who are adopted or who leave care under another permanence order often have ongoing difficulties resulting from their early life experiences. Clauses 4 to 7 will therefore give them access to the same support that looked-after children receive from virtual school heads at local authority level, and that designated teachers provide in schools to help with their education. Following an undertaking given in the other place, we are bringing forward amendments that will extend these provisions to children who have been adopted from overseas.
Clauses 8 and 9 expand the factors that courts and local authorities must take into account when deciding on the most appropriate place for a child. They do not give priority to one type of placement over another, but they do place more emphasis on stability and what would be in a child’s best long-term interests, taking account of the impact of any harm that the child may have suffered.
Jonathan Reynolds
I am extremely grateful to the Minister. I was trying to tell him that I have to speak in a Delegated Legislation Committee at half-past 4, so the clock was ticking down for me. I want to ask him about a specific point relating to some casework that I have done in my constituency. It is about the lack of safeguarding checks for 16 and 17-year-olds in private fostering arrangements. I had a situation where a young person within that age group in my constituency went into a private fostering arrangement, and the parents were unable to get the assurances they would have had in a public setting. That is not addressed in the Bill, and I wonder whether the Minister would be willing to look at it if I tabled an amendment at a later stage.
John Howell (Henley) (Con)
In Oxfordshire we have had a situation where children in care have been abused, and that has led to Operation Bullfinch. How will what the Minister has set out make that situation better?
Mr Gibb
The local safeguarding arrangements set out in the Bill will provide a strong statutory framework that puts responsibility on the police, the NHS—through the clinical commissioning group—and the local authority to ensure that a robust safeguarding system is in place, but with greater local flexibility than we have at the moment, so that the arrangements are as effective as possible in meeting local needs. I also believe that the combination of improved national arrangements for analysing serious cases, which I will come on to, including child sexual abuse and exploitation, and for learning from them in a more systematic way, including higher standards for social workers, as set out in the Bill, will enable Oxfordshire and other counties across the country to keep children safer than is currently the case.
Chapter 2 of part 1 of the Bill focuses largely on arrangements for the safeguarding and protection of children. Earlier this year, Alan Wood, the former director of children’s services in Hackney who is president of the Association of Directors of Children’s Services, carried out a review for the Government on the role and functions of local safeguarding children boards. His report, which was published in May, found that local arrangements were patchy. Less than half of LSCBs were judged by Ofsted to be good or better, and he reported that there was a clear consensus in favour of reform. Strong partnership is, as we know from serious case reviews, key to keeping children safe.
Clauses 12 to 15 will establish a new child safeguarding practice review panel to review serious child safeguarding cases that are complex or of national importance. The purpose of the panel will be to improve the way in which we learn from cases where a child has died or been seriously harmed and neglect or abuse of the child was known or suspected.
Clauses 16 to 30 will introduce a stronger statutory framework for child safeguarding and protection at local level. The focus will shift away from wide-ranging local partnerships and will place a duty on the three key agencies involved in safeguarding children—namely local authorities, the police and the health service—to work together, and with any relevant agencies, to safeguard and promote the welfare of children.
Tim Loughton
The Minister will be aware that this is not the original Bill, thanks to the good work of the House of Lords in removing clauses 29 to 33 on the duty to innovate. At the recent national children and adult services conference in Manchester, my right hon. Friend the Secretary of State said of that duty:
“It’s about how we can put you in the best position to protect those children properly.”
The trouble is that the “you”—meaning 150 organisations, including Coram, the National Society for the Prevention of Cruelty to Children, the British Association of Social Workers and 90% of all social workers—said that they did not want it and that they were opposed to it. Will the Minister confirm that he will not try to reintroduce those clauses in this House?
Mr Gibb
I listened carefully to my hon. Friend, who will be aware, of course, that Eileen Munro, whom he appointed to look into this whole area when he was the Minister, supported the power to innovate. The Local Government Association, ADCS and Catch22 also support it. The power is not to do with taking rights away from children or with saving money; it is about giving councils the opportunity to develop new ways of working that they believe will improve outcomes for children.
Tim Loughton
My hon. Friend says that it is not about taking rights away from children, but one of the scenarios is the abolition of independent reviewing officers, who absolutely can be the only voice independently standing up for vulnerable looked-after children in local authorities. If they go under the proposals, how is that not taking away the rights of children, particularly vulnerable children?
Mr Gibb
This is not about abolishing any statutory responsibilities. My hon. Friend should wait to see the amendments tabled in Committee. I am sure that he will want to talk about his concerns in more detail with the Minister for Vulnerable Children and Families, who will take them very seriously indeed, particularly given my hon. Friend’s background and experience.
Dame Caroline Spelman (Meriden) (Con)
Chapter 2 covers other provisions relating to children, so we are talking about the rights of the child. Will the Minister consider amending the law so that a child has the right to have the names of both parents on their marriage registration certificate?
Mr Gibb
I know that that issue has been discussed and I am sure that my hon. Friend the Minister for Vulnerable Children and Families will listen very carefully to my right hon. Friend if she tables such an amendment.
We are not introducing change for the sake of change. If existing LSCB arrangements are working, there will be nothing to prevent them from continuing in a similar vein within the new legal framework set out in the Bill. Importantly, the local safeguarding partners will have a clear responsibility for the arrangements and the flexibility to change and improve them if they are not working.
I should briefly mention two other provisions in chapter 2 of the Bill. Clause 11 is largely technical and allows the Government to use their powers to intervene in combined authorities where their services are failing vulnerable children and young people, in the same way as the Government can intervene in individual authorities. Clause 31 was an amendment to the Bill, and it will enable the Secretary of State to extend whistleblower protection to people applying for jobs in children’s social care, as well as to existing employees.
Part 2 sets the legal framework for the establishment of a bespoke regulator for all social workers in England. High-quality social work can transform lives, and social workers play a critical role in our society. Every day, social workers deal with complex and fraught situations that require a great depth of skill, knowledge, understanding and empathy. However, when social workers are not able to fulfil their role competently, the consequences can be grave. In order to protect the public from these risks, social workers have to meet high standards of acceptable practice and competence, which are overseen by a regulator.
The need for an improved system of regulation for the social work profession was highlighted in recent independent reviews by Sir Martin Narey and Professor David Croisdale-Appleby. Our ambition, through the establishment of a new bespoke regulator for social work, is to continue to improve the practice of social work and raise the status of the profession. For too long, the bar on standards has been too low. Some graduates are leaving courses and being registered as social workers without the knowledge and skills required to do the job, and that cannot be right. The new regulator will ensure, following consultation with the profession, that minimum standards are set at the right level. The new regulator will be a separate legal entity, operating independently of Ministers in its day-to-day work. The Government have always been clear that we have no intention of making decisions about the performance of individual social workers. As with other independent health and social care regulators, the Professional Standards Authority will oversee the operations of Social Work England. The PSA has welcomed the revised clauses.
We are planning to table a further amendment regarding the national assessment and accreditation system. That will introduce a nationally recognised post-qualification specialism in child and family social work, which will reinforce the focus on quality of practice.
There are two other crucial measures that are not in the Bill, but about which amendments will be tabled shortly. First, amendments will be tabled to ensure that looked-after children in England and Wales can legally be accommodated in secure children’s homes in Scotland. Recent case law has cast some doubt on the present arrangements. Secondly, amendments will be tabled regarding the power to innovate. That power is a direct response to the issues raised by Eileen Munro in her independent review of child protection. She has said:
“Trusting professionals to use their judgement rather than be forced to follow unnecessary legal rules will help ensure children get the help they need, when they need it. Testing innovation in a controlled way to establish the consequences of the change, before any national roll out, is a sensible and proportionate way forward.”
The purpose of the power is to allow individual local authorities to test new ways of working by changing or disapplying specific legislative provisions within a controlled environment, with a view to achieving better outcomes for children. As hon. Members know, the other place was unhappy about the clauses that were included in the Bill at introduction. We appreciate that this is a new way of working in Government and we understand why some noble Lords were wary, but the provisions are too important just to let them drop. I emphasise that this is a grassroots power, empowering local authorities to test new and better ways of working in the best interests of children.
Mr Gibb
If the right hon. Gentleman will forgive me, I am coming to the concluding elements of my comments.
Local government overwhelmingly supports these measures, and the national associations and individual authorities have made it clear that they do not want us to lose this opportunity to allow them to test new ways of working. We have, therefore, reviewed and substantially revised the clauses to make sure that they avoid the issues raised in the other place, and there are several notable new features. We have removed the provision that allowed a body carrying local authority functions under an intervention arrangement to apply to use the power. Only local authorities can apply to use the power and if they do not wish to, that is the end of the matter. The power was never intended to be used to alter or remove children’s fundamental rights or entitlements. Its sole purpose is to allow local authorities to trial better and more practical alternatives to the sometimes very specific and overly prescriptive requirements set out in legislation in order to provide better outcomes for children. The new amendments will put that beyond doubt.
We will set out further provision for the process surrounding the power to ensure that it is based on sound consultation, transparency and robust safeguards. All applications to use the power will be subject to local consultation, scrutiny by an independent panel and parliamentary approval. Pilots will be closely monitored. Those changes will be in addition to amendments the Government tabled in the other place about the scrutiny process that accompanies the power—
Mr Gibb
I will not give way to the right hon. Gentleman because he was not here at the beginning of my speech, when I set out a lot of the basic principles surrounding the Bill.
As I said, those changes will be in addition to amendments the Government tabled in the other place about the scrutiny process that accompanies the power and ruling out the use of the provision for profit. The Government are committed to working with the sector. The changes we have made are the result of significant consultation and we believe that these clauses are the safest possible way to test new approaches. My hon. Friend the Minister for Vulnerable Children and Families is very keen to meet any colleagues who have concerns to discuss these provisions further.
This is a Bill for the welfare and prospects of vulnerable children and young people. All its measures are designed to improve the services that so many of them rely on, and I commend it to the House.
Tim Loughton
My hon. Friend, who has great expertise in this area, is right. Of course we cannot look at vulnerable children in isolation; we need to look at their families holistically. There are some really good examples. I hope that the Minister will stick to his word and provide funding for things such as FDAC, the family drug and alcohol court set up by the excellent Nick Crichton, a fantastic family district judge.
At FDAC, a mother—often a single mother—at risk of losing a child to the care system because of substance abuse or an abusive partner, say, is given a clear choice of an intensive package that will help her back on to the straight and narrow so that she can bring up her own child. It is a tough, challenging exercise. Alternatively, perhaps both parents will be involved. If they are able to do that, the whole family is put back together and the child stays, which is the best outcome. If not, that child will head for care.
I have sat in court, as has my right hon. Friend the Member for Basingstoke (Mrs Miller), who will speak shortly, seeing mums who have had six, seven or eight children taken into the care system. We have to tackle the root of that problem: why is it? Is it that the mother just does not know how to parent, in which case what are society, social workers and the troubled families programme doing to help her become a fit parent if she remotely can? If she cannot, that child must go to a safe family elsewhere who can give them a second chance of a beneficial and happy upbringing.
I would like to make a few other quick points, Mr Deputy Speaker; I am aware that there are not too many speakers for this debate, so I have an opportunity to elaborate on some important points a little longer than the Chair normally allows. I know how generous you are in these matters, which are of great interest to you.
Clause 5 is about the designation of a member of staff at school
“having responsibility for promoting the educational achievement”
of children in the care system. That is a good initiative, but it already exists for children with caring responsibilities and alas that does not work in practice. It is a good idea, but it has to have some teeth so that it means something on the ground: that children in the care system have special attention from a designated teacher who understands the particular needs of such children, who are often subject to bullying, mental health problems and everything else. There must be more than a clause on paper in a Bill: the proposal has to work in practice.
There are some good points on the child safeguarding review panels, although I have concerns about the independence of the panels. Certainly when we gave a commitment before the 2010 election that we would publish serious case reviews—opposed by the Labour party, although the reviews have now become the norm—one of my concerns was also about the calibre of the people producing those SCRs and the quality of some of the reports. Effectively, they were not properly monitored; they were monitored only on a local basis. Some time ago, I put forward the idea that a national body should oversee the quality and that there should be a national register of authors of serious case reviews with a requirement for continuous professional development; there needed to be training, which would be updated. Before now, anybody, effectively, could apply to be the author of a serious case review. We need to regulate that important area rather better.
Under clause 13, the panel
“must publish the report, unless they consider it inappropriate to do so.”
Given that, previously, when serious case reviews were published, they were seen only by a few people locally and Department for Education officials if we were lucky, it was really important that, other than in exceptional circumstances where there could be detriment to surviving children or families, the reviews should be published and the lessons learned to see how they could apply elsewhere. This new review panel is an exercise in doing that and in disseminating best practice rather better. I very much support that, and I would like more details on how it is going to work.
Then, however, we have the section about safeguarding partners. These appear to be replacing the local safeguarding children boards, which are a really important feature of bringing together local agencies to make sure that we have workable solutions and partnerships in place, particularly to deal with child sexual exploitation at the moment. We need to be convinced about how these new bodies are better than, or different from, local safeguarding children boards and, in particular, about how they are going to be funded. Clause 20, on funding, says:
“The safeguarding partners for a local authority area in England may make payments”
towards the expenditure of these bodies
“by contributing to a fund”
or making payments directly. It also says:
“Relevant agencies for a local authority area…may make payments”.
The problem with LSCBs at the moment is that not all the partners pull their weight. In too many cases, key partners are, first, not turning up at the table and, secondly, not helping to fund the work of the LSCBs. Too often, it falls to the local authority—the default partner —to pick up too much of the tab. If we are going to put these things on a statutory basis, can we make sure that it is laid out clearly and unequivocally that the funding contribution from, and the active participation of, all the relevant partners is absolutely essential?
I am also concerned because clause 21 says:
“The safeguarding partners for two or more local authority areas in England may agree that their areas are to be treated as a single area”.
How big can they be? It is important that LSCBs are able to come up with local safeguarding plans and local plans to tackle child sexual exploitation in their areas—plans that are relevant to Rotherham, given the particular problems there, to Rochdale or to wherever. If these bodies are going to be looking after huge areas, their effect will surely be diluted in key hotspots. The Bill also talks about having cross-border constabulary co-operation, but these are very large areas, and I am concerned about how big these new bodies could become.
On the part of the Bill about the new body, Social Work England, I think we need to improve the regulation of social workers. I am not sure whether this is the right way to do it, and I would like to see more details. The demise of the College of Social Work is a shame, and I think it would have performed a lot of this function if it had been allowed to continue and to thrive. A lot of effort went into setting it up in the first place.
I am also concerned about the independence of Social Work England. My understanding is that it will be an Executive agency of the Department for Education, and we need to have some clarity over that.
The Minister for Vulnerable Children and Families (Edward Timpson)
Will my hon. Friend give way?
Edward Timpson
I can reassure my hon. Friend that the new Social Work England regulatory body will not be an Executive agency; it will be a non-departmental public body, so it will be at arm’s length from the Government and provide the independence that people called for and that I think is right.
Tim Loughton
I am grateful, and gratefully reassured, and I look forward to being able to support that provision, as opposed to some others that I am not so reassured about.
In clause 31, one of the overarching objectives of Social Work England is
“to promote and maintain public confidence in social workers in England”,
and that is quite right. However, that is also the job of the chief social worker. One disappointment to me is that when we set up the chief social worker—originally, it was to be one chief social worker covering the elderly and children, but then it was split into a child social worker and an adult care social worker—the point was for them to be a high-profile face of social work, particularly for the public, and a reassuring face of child protection for the public in times of high-profile tragedies and disasters involving safeguarding issues. Therefore, while the current chief social worker for children said recently:
“I don’t pretend I am the voice of the profession. I am a civil servant and I see my role”
as
“offering advice to ministers based on what other people tell me about a the system”,
I think there is more to the role. This person must not just be a civil servant. They need to work closely alongside Ministers and civil servants, but equally—in action out on the street—to work alongside social workers, consultant social workers and practitioners at the sharp end. We need to revisit the balance that we currently have in that regard.
I apologise, Mr Deputy Speaker, for going on at length. This is a subject that interests me enormously. I have spent most of my career in Parliament involved with child safeguarding and child protection. I am very proud of the progress that has been made over years, but very worried that we still have a long way to go. Most of this Bill will help in that journey, but certain parts will not. I hope that when scrutinising the Bill in Committee and on Report, the Government reflect a little more before they rush to do some things that clearly are not in the best interests of vulnerable children.
The Minister for Vulnerable Children and Families (Edward Timpson)
I begin by thanking hon. Members for their enthusiastic engagement with the issues at the heart of the Bill. We all share a commitment to improving the lives of our most vulnerable children, and that has been demonstrated by the energy shown throughout this debate. As we enter Committee, I look forward to exploring in much more detail aspects of the Bill that have been raised today.
As the Minister for School Standards set out in opening the debate, protecting our most vulnerable children and giving them the care and support they need to thrive is one of the Government’s most important responsibilities. The children who need support from social care services have often faced challenges that most of us can only ever imagine. They have disabilities, they have faced abuse and neglect, or they have been let down time and again by the people who are supposed to love and protect them. They may be being exploited by perpetrators preying on their vulnerability. Children’s social care professionals deal with these highly complex and demanding challenges every day. They step up and take on responsibility for protecting our vulnerable children.
In my time as children’s Minister, as a family barrister and as a foster sibling, I have often been inspired by stories of children whose lives are transformed by social workers, foster carers, residential care staff, adopters and others. These people epitomise the compassion and deep desire in our society to help others, without which we, and our children, would be so much the poorer.
The Bill we are debating today is a critical part of creating a children’s social care system that enables those people to do the very best job possible for our children. It builds on the Children and Families Act 2014 and takes forward important measures from our overall strategy “Putting children first”—a strategy that I think represents the most fundamental reforms to the system in a generation.
The Bill places the interests of vulnerable children right at the heart of the social care system. It defines what good corporate parenting looks like, and secures the involvement of the whole council in looking out for children in or leaving its care. It requires every local area to set out exactly what support it is offering care leavers, and extends the help of a personal adviser to all care leavers up to the age of 25. It introduces improved national arrangements for analysing serious incidents and learning from them, and strengthened arrangements for local multi-agency co-ordination of safeguarding.
The Bill extends educational support to children leaving care via adoption or special guardianship. It creates the conditions for good placement decisions to be made for children coming into the care system, by ensuring that the child’s long-term needs and the impact of the harm they have suffered are properly considered. Furthermore, it introduces a new, bespoke regulator for social work, Social Work England—an organisation that will be empowered to raise standards in social work and raise the status of that vital profession.
Members have raised a multitude of important points in today’s debate, and I will do my very best to respond to them without detaining the House longer than would be deemed acceptable. I am grateful for the constructive engagement of Members, and want to work together to move forward with these legislative provisions, which have huge potential to improve the life chances of the children we all care so deeply about.
The hon. Member for Ashton-under-Lyne (Angela Rayner), the shadow Secretary of State, asked where our comprehensive strategy for all children in care was. We have it: it is the “Putting children first” document, and I urge her to refresh her memory of that all-encompassing strategy for children in care, which goes through to 2020.
The hon. Lady asked about spending on children’s services. It is right to say that the pattern of inspection outcomes is not about how deprived an area is, the local geography or even the amount of money being spent on children’s social care. Some of the local authorities judged inadequate by Ofsted this year were among the highest spending, while higher performers were found to spend their money more effectively, investing in the best services and bringing costs down. The key here is identifying where investment makes a difference, and spreading knowledge and practice about what works.
The hon. Lady asked about the local offer and about what guidance there would be for local authorities. The legislation already sets out the areas where local authorities should provide support: health and well being, education and training, employment, accommodation, participation in society, and relationships. We expect a wide range of services to be covered, from relevant universal health provision, to careers advice, to specific financial support, which care leavers can access and will benefit from. We have also developed a prototype local offer that sets out the areas we expect local authorities to consider and that provides examples of more specific support a local authority may choose to offer, and I am happy to share that with the hon. Lady so that she can scrutinise it in more detail.
The hon. Lady asked about the independence of the new regulator—Social Work England. The Bill makes it clear that Social Work England will be a separate legal entity, with its own staff and set of responsibilities as a non-departmental public body. The Government have always been clear that they have no intention to make decisions about individual social workers, and that is reflected in the legislation.
The Chair of the Education Committee, my hon. Friend the Member for Stroud (Neil Carmichael), made some central points about the foundations of the Bill, which he welcomed, and that included the regulatory changes. He raised the issue of a professional body for social work, and I agree that it is absolutely important for the profession to have a strong body to represent it, to provide support and guidance, and to help it develop its own practice. I set out at the national children and adult social services conference a few weeks ago exactly how I want to work with the profession to make sure we come up with the right solution. We have tried a whole host of different ways of making these things work, and we now need to go further to make sure we have something that will endure long into the future.
My hon. Friend alluded to Trafford, one of the outstanding care-leaving services in England, and to the virtue of its having strong leadership. I agree with him, and I have been hugely impressed by the work that has been done there by Mark Riddell and his team. There is a lot they can show others in terms of what works.
The hon. Member for Motherwell and Wishaw (Marion Fellows) told us to look at the work in Scotland. I am always happy to look at the Scottish perspective. As ever, I invite her to look at what we are doing in England, too. She said Scotland has children at the heart of the system; so do we—if she looks at the “Putting children first” strategy document, she will see that. Although Scotland may lead the way in some areas, we lead the way in others—Staying Put being a good example.
The hon. Lady asked why local authorities are only to “have regard to” corporate parenting principles. The reason for that is that the local authority is the corporate parent and is legally responsible for looked-after children and care leavers. We believe that maintaining this clear accountability is right. There is an existing duty under section 10 of the Children Act 2004 in terms of who the key partners are, and they include health, police, education services and others. The intention is that the provisions will help to improve the response in terms of them carrying out the duties they already have set out in legislation.
The hon. Lady asked about the Government’s commitment to the UN convention on the rights of the child. The Government remain fully committed to protecting children’s rights and to the UNCRC. We have considered the concluding observations of the UN Committee on the Rights of the Child, and we responded through the written ministerial statement published in October and through the permanent secretary’s letter to his counterparts across Government. The Bill is an example of how we constantly seek to not only protect children’s rights but enhance them. A full child rights impact assessment was conducted during the development of the Bill. There was considerable debate in the Lords on this issue, and we recently reaffirmed our commitment, through the written ministerial statement, to reinforcing the message of the importance of the UNCRC across every Department and to making sure there is a proactive approach to considering children’s rights in policy making.
I will do my utmost to address all the points raised by my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton). I do join him and my hon. Friend the Member for Portsmouth South (Mrs Drummond) in praising the incredible work and dedication of our social work workforce—something that was reiterated by the hon. Member for South Shields (Mrs Lewell-Buck). Children’s and adults’ social workers do a fantastic job, which is so difficult, day in, day out.
I agree that the administrative burdens on social workers—sitting in front of computers filling in forms—has hampered much of the progress of social work. I have read on several occasions the report, “No More Blame Game”, which my hon. Friend the Member for East Worthing and Shoreham was instrumental in producing. The whole purpose of the changes we are making to the serious case review process is to get away from pointing the finger and to look at where things have gone wrong, why they have gone wrong and how we make sure that it does not happen again in future.
My hon. Friend set out some of the highlights of the Government’s reform programme in children’s social care over the past six years, mentioning Staying Put as one of those. I can inform him that there has been an exceptional response to this, with 54% of 18-year-olds, 30% of 19-year-olds and 16% of 20-year-olds now choosing to stay put. Of course, however, we keep the mechanism under review to ensure that it will continue to benefit more children and young people in future.
My hon. Friend talked about some of the deficiencies in the system, including in sharing best practice. Again, I agree. That is why we are setting up a What Works centre for children’s social care that will build a robust evidence base, and disseminate learning about what does and does not work in children’s social care practice, in order to help local practitioners and commissioners to employ the most cost-effective front-line practices to support children. Crucially, it will work closely with the child safeguarding practice review panel to ensure that practice developments identified through reviews are also widely disseminated.
On adoption, I share my hon. Friend’s pride in the work of this Government to try to improve the adoption process for prospective adopters and, crucially, for children. The number of children being adopted has risen to over 5,000 per year, and they are being adopted more quickly. On the back of the Re B-S judgment, however, there has been a disappointing fall in those numbers, and we are seeking to do all we can to address that so that we do not lose the ground that we made up in the early years of this Government. Over 10,000 families have benefited directly from the adoption support fund, which was also mentioned by my right hon. Friend the Member for Basingstoke (Mrs Miller). Although we reluctantly had to put in a fair access limit in the short term to enable more families, where at all possible, to benefit from the fund, we want to try to find a sustainable solution so that we can continue this support in the long term. I am happy to meet my right hon. Friend to look at the particular case she raised, as it may exemplify some of the wider issues we need to look at in getting the decision right.
My hon. Friend the Member for East Worthing and Shoreham asked whether the corporate parenting principles are additional to section 23 of the Children Act 1989. This is not about trying to put new duties on local authorities, as the duties are already very clearly set out. We are trying to engender a whole-council approach with councils taking responsibility for children and their care, and having regard to the principles in any decisions they make on their behalf.
Although we are extending the use of personal advisers, I concur with my hon. Friend that there is a whole range of quality and access for care leavers to personal advisers. That is why we are conducting a review of both those issues to make sure that the scope of what a personal adviser is there to do, and the types of people who become personal advisers, together with the training that they get, really matches the needs of care leavers in the way that they have told us they desperately want.
My hon. Friend raised some drafting issues and details around the additional support for education of children in care. I will look at that carefully, and I am sure we will address those issues in Committee.
On serious case reviews, I could not agree more with my hon. Friend about the need for transparency. We worked hard in opposition on the issue of their publication. I remember substituting for him on “Newsnight” to talk about this very subject. We now need to make sure that the new system reflects this important element of an approach that will provide us with a shining light on where practice has fallen short.
My hon. Friend asked about active participation in new local safeguarding arrangements, including financial contributions. That is an important part of the new system and we will set out in more detail, in guidance, how we expect to engender such an approach. He also made a clear pitch for where we should go next with the power to innovate. I will talk about that at the end of my speech.
My hon. Friend the Member for Enfield, Southgate (Mr Burrowes) asked about cases of mothers who have repeat pregnancies. He should know that we will spend a total of about £11 million until 2020 on the Pause project, which has been extremely successful in trying to break that cycle, helping mothers find a different path through their lives and reducing the number of children coming into the care system.
The hon. Member for Walthamstow (Stella Creasy) talked about the need to concentrate on prevention, which has to be at the heart of any decision about where money should be spent and where policy should be moving to. A number of other hon. Members also talked about sex and relationships education, and I will come to that subject towards the end of my speech.
On child refugees, the hon. Lady referred to my written statement on the safeguarding strategy across Government. I am grateful for her support for it, but she queried how it sits alongside the Home Office guidance. I will look carefully at what she has said and talk to Home Office Ministers. The Home Office has published guidance setting out the eligibility criteria for children to be transferred to the UK from Calais. Those criteria are: all children aged 12 or under; all children referred to us by the French authorities who are assessed as being at high risk of sexual exploitation; and those nationalities most likely to qualify for refugee status in the UK aged 15 or under. As the Dubs amendment makes clear, children transferred should be refugees, and the best interests of the child are also established in every case as part of the process. The hon. Lady will appreciate that we have to have a method to ensure that those children who are at greatest risk are prioritised. I am happy to discuss the matter further with her, in conjunction with my colleagues at the Home Office.
Stella Creasy
Does the Minister acknowledge that that guidance explicitly sets out nationality before the best interests of the child and, further, that it identifies particular nationalities, thereby ignoring, for example, the Oromo and Afghan children who are currently in France, a third of whom have now gone missing because of the gap that it has caused? I appreciate the Minister’s offer to look carefully at the situation, but will he look at it speedily as well, because we are very worried about those children in the run-up to Christmas and the cold in France?
Edward Timpson
I am happy to do that. Like the hon. Lady, I do not want to create conditions that are counterproductive to our shared mission. I will make sure that acknowledgment of the further work that needs to be done is as rapid as possible and that we progress in a way that does not create more difficulties, but that brings about positive solutions.
My right hon. Friend the Member for Basingstoke mentioned the adoption case in her constituency. I am happy to discuss that further with her. We need to move to a more sustainable approach, but the adoption support fund has shown that there was a real need for that additional therapeutic support. As the Minister with responsibility for children, I am committed to doing what we can to continue to do that into the future.
My hon. Friend the Member for Rochester and Strood (Kelly Tolhurst) spoke of her enduring experience of many issues touched on by the Bill. In particular, she raised delays in the adoption process, and I agree with much of what she said. She will be pleased to know that the average time that it takes for a child to get through the adoption system has reduced to 18 months—a reduction of four months from its peak—but more work needs to be done, because every month that goes by is one that the child will never get back. More children are receiving that adoption support and I know that my hon. Friend will ensure that that message gets through to families in her own area who may not yet realise that it is available. She was also clear that the new provisions for care leavers are a major step forward, but I acknowledge that we need to make sure that social workers and personal advisers have the necessary tools to make the most of those changes.
I am grateful for the support of my hon. Friend the Member for Portsmouth South for our measures to improve the support for care leavers. She raised the issue of a national offer. I have met the relevant Minister at the Department for Work and Pensions to see what further practical action we can take, and I will be able to allude to that in more detail in Committee. I take her point on social worker training, which is very much behind the work that we are doing on the assessment and accreditation process to make sure that we raise standards in social work wherever possible.
The hon. Member for South Shields and I get on very well, but I agreed with very little of what she had to offer this afternoon. She questioned the value that we place on the experience and expertise of social workers, but I have to say to her that that is exactly what this Bill is about. I ask her to look more widely at the work that the Government are doing, such as the innovation programme, where we have already spent more than £100 million. That money has gone directly to local authorities to test new ways of working, and there will be another £200 million up to 2020. That £300 million of value has been put directly into improving children’s services.
When the hon. Lady started her speech, I felt as though she was determined to try to turn the debate into some sort of ideological struggle on many of the issues. I do not think she wanted to do that, but we seemed to be moving in that direction. I understand her desire to oppose and to be seen to oppose, but I hope that when we get into Committee, we can have a constructive debate about what is in the Bill and how it fits into the wider Government programme. I do not doubt that we have a shared desire to improve outcomes for vulnerable children. I have a pragmatic streak running through me; I am not some ideologue who will sit here and create a wall of noise. I want to hear the hon. Lady’s argument, but I want her to hear mine, too.
The hon. Lady raised the LaingBuisson report, but I note that she failed to share with the House the official Government response to that report, which states that
“we disagree with the option in the report relating to the privatisation of children’s social care services and we will not be implementing this option.”
We could not be clearer about our position.
I want briefly to talk about the power to innovate, which has generated the most debate. Several hon. Members have raised questions about the power to innovate, a provision that was removed from the Bill in the other place, and which my hon. Friend the Minister for School Standards referred to at the opening of the debate. We intend to revisit those powers, because of the important role that they stand to play in improving the quality of children’s social care. I am grateful to my right hon. Friend the Member for Basingstoke for her support in explaining that new ways of working are a means of driving improvement in practice.
Whenever I visit local authorities and speak to front-line social workers—I am obviously not meeting the same ones as the hon. Member for South Shields—I am always struck by the passion, energy and dedication that they bring to their work. Too often, though, I leave with a message that, rather than helping them in their task, the structures and processes that we have put in place prevent social workers from using their professional judgement to truly respond to the needs of the children they look after.
As Professor Eileen Munro’s landmark review of child protection told us, over-regulation can get in the way of social workers’ ability to put children first. The power will address that challenge, and it is being called for by local authorities around the country. It will give councils the ability to test new ways of working that are designed to improve outcomes for children in a safe and controlled environment, where the impact of removing a specific requirement can be measured and evaluated carefully.
That is not to say that important points have not been raised in the House and in the other place. I have considered them all carefully and I will continue to do so, and I will bring back a power with significant changes and additional safeguards that will, I hope, provide the reassurances that have been requested.
I want to be clear: we do not want to privatise protection services for children. We will not privatise child protection services. There are already clear legislative restrictions on the outsourcing of children’s social care functions, and it was never our intention to use the power to innovate to revisit those. To put that beyond doubt, however, we tabled clarificatory amendments in the other place.
Neither will we remove fundamental rights or protections from children. Our aim is to strengthen, not to weaken, protections. My mission—since entering this House and before—has always been to improve the lives of vulnerable children. It is our job as a Government to create the conditions in which excellent practice can flourish. I am convinced that with proper safeguards in place, the ability to pilot new approaches will, in the long term, allow this House to enact more effective, evidence-based legislation and drive wider improvement for our most innovative practitioners and services across the system.
I agreed with Professor Eileen Munro when she said:
“I welcome the introduction of the power to innovate set out in the Children and Social Work Bill. This is a critical part of the journey set out in my Independent Review of Child Protection towards a child welfare system that reflects the complexity and diversity of children’s needs.
Trusting professionals to use their judgement rather than be forced to follow unnecessary legal rules will help ensure children get the help they need, when they need it. Testing innovation in a controlled way to establish the consequences of the change…is a sensible and proportionate way forward.”
I ask hon. Members, before casting a final judgment on the power to innovate, to consider the amendments that we intend to table, which I believe provide that “sensible and proportionate” approach, built on the clear and single purpose of improving the outcomes of vulnerable children.
Finally, my right hon. Friend the Member for Basingstoke, my hon. Friend the Member for Stroud and the hon. Member for Walthamstow spoke powerfully about sex and relationships education. I, too, recognise its importance. Of course, the Government already issue statutory guidance on the teaching of sex and relationships, and have made funding available to improve the quality of that teaching. However, I have heard the call to go further in this area to build the resilience and confidence of children and young people in tackling what the modern world throws at them, not least online. This is, of course, a topic on which there are many, and strongly held, views and it will be important to look at those in the round, not least because PSHE and SRE are inextricably linked.
This matter is a priority for the Secretary of State, so I have already asked officials to advise me further on it, but I will ask them to accelerate that work so that I can report on our conclusions at a later point in the Bill’s passage, when everyone in the House will be able to look at them and have their say.
I am sure that these reflections only start to do justice to the range of important issues we have debated here today. I look forward to picking up these matters in greater detail as the Bill moves into Committee. I see the contents of the Children and Social Work Bill as a major step forward in making sure that our most vulnerable children get the levels of support, protection and opportunity that any of us would want for our own children. I welcome the debate and challenge we have engaged in this afternoon—it helps to maintain the momentum behind what is a shared endeavour across these Houses. We are all united in our commitment to improving the lives of our most vulnerable children. Please let me leave the House in no doubt that I recognise and accept the challenges we face. This Government are more determined than ever to rise to those challenges, with our clear and ambitious plan for fundamentally reforming the system. Our vulnerable children deserve no less. I commend the Bill to the House.
Question put and agreed to.
Bill accordingly read a Second time.
Children and Social Work Bill [Lords] (Programme)
Motion made, and Question put forthwith (Standing Order No. 83A(7)),
That the following provisions shall apply to the Children and Social Work Bill [Lords]:
Committal
(1) The Bill shall be committed to a Public Bill Committee.
Proceedings in Public Bill Committee
(2) Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Tuesday 17 January 2017.
(3) The Public Bill Committee shall have leave to sit twice on the first day on which it meets.
Proceedings on Consideration and up to and including Third Reading
(4) Proceedings on Consideration and proceedings in legislative grand committee shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.
(5) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.
(6) Standing Order No. 83B (Programming committees) shall not apply to proceedings on Consideration and up to and including Third Reading.
Other proceedings
(7) Any other proceedings on the Bill (including any proceedings on consideration of any message from the Lords) may be programmed.—(Andrew Griffiths.)
Question agreed to.
Children and Social Work Bill [Lords] (Money)
Question’s recommendation signified.
Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),
That, for the purposes of any Act resulting from the Children and Social Work Bill [Lords], it is expedient to authorise the payment out of money provided by Parliament of—
(1) any expenditure incurred under or by virtue of the Act by a Minister of the Crown, and
(2) any increase attributable to the Act in the sums payable under any other Act out of money so provided.—(Andrew Griffiths.)
Question agreed to.
Children and Social Work Bill [Lords] (Ways and Means)
Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),
That, for the purposes of any Act resulting from the Children and Social Work Bill [Lords], it is expedient to authorise the charging of fees.—(Andrew Griffiths.)
Question agreed to.
Children and Social Work Bill [ Lords ] (First sitting)
(Limited Text - Ministerial Extracts only)
Read Full debateTuesday 13th December 2016
(8 years ago)
Public Bill CommitteesChildren and Social Work Act 2017 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 13 December 2016 - (13 Dec 2016)
The Committee divided: - Ayes: 5 / Noes: 9 - Question accordingly negatived.
This text is a record of ministerial contributions to a debate held as part of the Children and Social Work Act 2017 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Mrs Lewell-Buck
The fact is that local authority budgets have faced swingeing cuts since the Tories first took office in 2010. The Bill simply passes more roles on to local authorities without ensuring that they have the necessary resources. That reflects the very worst of this Government’s approach to local government: to cut budgets first and to devolve power and responsibility later, without ensuring that the local authorities can properly deliver the services.
I do not wish local authorities to take on their corporate parenting responsibilities as a tick-box exercise. If they did, I fear that that would indicate that they had fallen at the very first hurdle in terms of good practice. I do think, however, that it is important to give the principles the weight that they deserve by ensuring that they are as robust as possible.
Flexibility in practice is important, but strengthening the wording in no way prohibits local authorities from carrying out their functions as they see fit. If a new system is to become embedded in a nationally uniform way and not to become another postcode lottery, it is crucial that local authorities know from the outset that the corporate parenting principles are a priority and not an option. Too often, the services that children most in need of state help receive are reduced to a postcode lottery. That can be seen in the funding for children in need of help and protection: the local authority with the highest funding has available more than 13 times the funding per child than the most poorly funded authority.
We are concerned that the corporate parenting principles as drafted will amount to another postcode lottery. Simply requiring local authorities to “have regard to” the principles of corporate parenting, rather than there being a statutory duty, will add to the risk. When local authorities must only have regard to principles, the serious risk is that only those local authorities with the resources that others do not have will be able to deliver. To address that, the Government should guarantee a legal duty to abide by the corporate parenting principles to deal with the underlying challenges facing local government—challenges of the Government’s own making.
Corporate parenting is one of the most important roles that a local authority has. Local councillors take the responsibility extremely seriously. It is important that the role is not diluted and remains closely linked to democratic accountability. However, the principle of corporate parenting cannot simply end with local authorities. All agencies working closely with looked-after children and care leavers, although they are not corporate parents, should co-operate in support.
Children who rely on the corporate parenting principles will often have complex needs. Local authorities alone will not always be able to meet those needs. A full range of agencies, despite not being corporate parents themselves, will need to work in co-operation to support those young people’s complex needs. In particular, health and education have a vital role in ensuring the best possible outcomes for children in care. Once again, however, the Government have not gone far enough with the principles to ensure that young people in the care of the state will get the support that they need.
We welcome and support the principles of corporate parenting, but the Government seem to be simply hoping that new responsibilities for local authorities “to have regard” will be enough. In reality, unless the principles are a duty, they will for some children remain meaningless—empty words in an Act of Parliament, without any real impact on their lives. Those children need actions and not words, and “having regard to” something rarely translates into real action.
The Minister for Vulnerable Children and Families (Edward Timpson)
It is a pleasure to serve under your chairmanship, Mr Wilson, both this side of Christmas and in the new year. In the run-up to Christmas, I am looking forward to a cracker of a Committee, full of joy and, I hope, understanding.
I know the hon. Member for South Shields will be wondering what present I have brought for her this year, but I will wait to hear what she wants first. I apologise in advance if what she asks for is either out of stock or outside my budget range. I will listen carefully to the case she makes and do my best to try and fulfil her wishes.
I am also grateful to the hon. Lady for this opportunity to re-emphasise the importance of clause 1, which in many ways is the beating heart of this Bill. The intention behind amendments 18 to 25 is to ensure that the corporate parenting principles cannot be ignored and are meaningful. I am equally determined to ensure that. That is why the clause states that a local authority “must…have regard to” the needs identified in the clause as the corporate parenting principles, rather than simply “may” have regard to them. A local authority must take account of the needs articulated in subsection (1)(a) to (g) whenever they carry out any local authority function in relation to looked-after children and care leavers.
Framing the duty in terms of “having regard to” is the right approach. Local authorities already have a range of statutory duties in relation to looked-after children and care leavers that derive from the Children Act 1989 and its associated regulation, which set out a long list of statutory duties that underpin our current child protection system and also create a strong and robust system within which the corporate parenting principles may be operated.
Steve McCabe
It is an honour to serve under your chairmanship, Mr Wilson. If the principles are the beating heart of the Bill, will the Minister take some time to explain the major distinction between the seven principles and the duties in the 1989 Act? On the one hand we have clear duties imposed on the local authority, and on the other we have a new piece of legislation setting out new principles that local authorities must only “have regard to”. The implication is that one is an obligation and the other is simply something that they should have regard to. What is the distinction between the duties and the principles that made it necessary for the Minister to bring these principles forward?
Edward Timpson
I am grateful for the hon. Gentleman’s question, because it is important that local authorities understand how this sits within their wider duties as the corporate parent for children in their care.
The principles do not sit in isolation. Clause 1 ensures that existing local authority duties and responsibilities for looked-after children and care leavers are carried out with these principles in mind. It requires local authorities to consider how they carry out all their functions in relation to looked-after children and care leavers. The principles sit above the local authority’s substantial current duties towards looked-after children and care leavers within existing legislation. Those duties remain unchanged; the corporate parenting principles are intended to inform how local authorities fulfil those duties and promote a culture in which all parts of the local authority contribute to their role as corporate parent.
The hon. Gentleman will know as well as I do from his period shadowing me and the time he has spent talking to local authorities and children in care that we are trying to ensure that the responsibility for children in a local authority’s care does not just sit at the door of social workers; it should be the responsibility of the whole council under the seven principles we have set out. The principles give lead members for children’s services and independent reviewing officers a lever to help to achieve just that, both at a strategic level and for individual young people. It is important that the Committee knows that statutory guidance—we have provided a draft—will underpin the principles to make them as clear as possible.
Simon Hoare
My hon. Friend mentioned local authorities on a number of occasions in relation to the clause. Subsection (3)(a) to (f) sets out what local authorities are, but are county borough councils, such as Cheltenham Borough Council, also included? It mentions district councils and London borough councils, but there is no reference to shire boroughs.
Edward Timpson
My understanding is that it is relevant to borough councils such as the one my hon. Friend mentions, but I will ensure that I have complete clarity on that point, because it is imperative that this proposal covers the whole of local government where it has responsibility for the children in its care.
Removing “have regard to” would constrain local authority discretion, which is not the outcome we are looking for. Instead, we want to achieve a culture change so that the corporate parenting principles genuinely inform how existing duties are carried out. For example, if the local authority is fulfilling a refuse collection function to a care leaver, the need to promote high aspirations may not be entirely relevant to that function—I think we can all see that. It is something that the authority must have regard to, but it can take the view that it is not possible to do anything towards meeting that need when exercising a particular function, hence the need for local discretion and proportionality. On the other hand, when fulfilling housing functions it may be relevant to have regard to the need to secure the best outcomes for care leavers. To that end, the needs identified in the clause must work in a way that is proportionate, meaningful and pragmatic.
The clause articulates for the first time the guiding principles that will change local authorities’ culture and practice when they discharge their responsibilities as corporate parents. That approach is supported by Dave Hill, the president of the Association of Directors of Children’s Services. We want to encapsulate in the corporate parenting principles a set of clear and helpful priority needs for this group of children and young people. We want them to be reference points for the local authority to take into account across the discharge of all its functions. That means that everyone in the authority—not only front-line staff in children’s social care and leaving care services, but all local authority services—will have regard to those needs when carrying out functions in relation to care leavers and looked-after children.
Helen Whately (Faversham and Mid Kent) (Con)
My hon. Friend is talking about how the whole local authority must take responsibility for care leavers. Does he anticipate that the principles will mean that local authorities are far less likely to place children out of their local area and put them into care in other local authorities, and that they will place children outside their boundaries only in exceptional circumstances?
Edward Timpson
My hon. Friend is right to raise what is still an ongoing issue in many parts of the country. I know that many children, often from central London, are placed out of area in Kent, where her constituency is. Although in a small number of cases there is a clear justification for doing so relating to the young person’s needs, we hope that the corporate parenting principles will bind the local authority’s decision making together, so that when a final view is taken on where the child is best placed to meet their needs the local authority will look at how it can improve its local provision, set against the corporate parenting principles, which include housing and the wishes and feelings of the young person. I anticipate that the corporate parenting principles will provide a better mechanism for ensuring that those who are charged with the responsibility of finding the right path for those young people do so in a way that enables them to find a placement that is in keeping not just with their wishes but their needs, which more often than not means being much closer to home than in some cases currently.
Steve McCabe
Further to the point made by the hon. Member for Faversham and Mid Kent, would not the receiving authority also be bound by the corporate principles, so that if a child were placed outside the borough, the receiving authority would be subject to all these principles in the way it looked after the young person in exactly the same way as if they were placed in borough?
Edward Timpson
That is a helpful clarification. For any child who is placed in a local authority’s area, the corporate parenting principles will apply to that local authority. That duty to act on their behalf in their best interests does not end or not start because the child is moving around the system.
One thing we want to get away from are the artificial boundaries that have been put up by virtue of local government lines that do not always serve children well, although it may be more comfortable for those who are carrying out those function not to think about what happens beyond their borders. That is an issue that is becoming more prevalent, with children being moved around the system, losing track of where they are living and their circumstances. We know that makes them extremely vulnerable. The strong message that comes out of this Committee, having heard both sides, is that these principles should be seen as a national cause, not just a local one, so that every local authority and all its officers ensure that they fulfil its responsibilities as a corporate parent.
Steve McCabe
I want to ensure that I have understood this. That was a very helpful contribution from the Minister and I understand exactly what he is trying to achieve, but I am curious about what would happen in a situation where a child is placed out of borough and the child or their advocate argues that one of the authorities is acting in accordance with some of the corporate principles but the other one is not and is therefore obstructing the quality of their care. How would that situation be resolved, given that the object of the exercise is to ensure the best care and to make this a national set of principles?
Edward Timpson
In some respects, in what I hope are very limited cases, that situation already arises, where a child or young person has been moved out of their host local authority and they are not content with the arrangements that have been set up in the new local authority. [Interruption.] Will the hon. Gentleman bear with me? They may want to pursue that through the advocacy that they are entitled to. We are seeking to ensure that when that situation arises, though we hope it does not in the vast majority of cases, if at all, there is whole local authority ownership of that issue and that transcends local authority boundaries. That would ensure greater consistency of approach, not just from social workers but those who are responsible for housing and other functions of that local authority.
If the hon. Gentleman looks at some of the changes that we have already made to the residential care system for children, if a child moves out of area, that has to be signed off by the director of children’s services of the host local authority and there has to be a proper level of consultation and agreement between the local authorities as to what the arrangements will be. The aim is to ensure a good and consistent level of service provided by both the local authorities, irrespective of where the child happens to be between the two of them—in some cases it is more than two.
It is important to recognise that these seven principles and the areas they cover are designed to touch every aspect of that child’s time in care. By having to have regard to those principles, we will end up in a situation in which local authorities more widely are taking account of their responsibilities more seriously, irrespective of the type of placement that child or young person is in, their age, their background, or the sort of placement that is best suited to their needs. The whole point of having statutory guidance is to try to assist local authorities in coming up with practical ways, as well as engendering the culture change we want to see, to make sure that we get the improvements that we want to be part of.
Tulip Siddiq (Hampstead and Kilburn) (Lab)
It is a pleasure to serve under your chairmanship, Mr Wilson; this is my first Bill Committee, so please bear with me if I ask questions that seem obvious. I understand that someone could be moved out of their local host borough. If they move to another borough, who has the primary responsibility for the child and where is their assigned social worker: in the host borough or the new borough?
Edward Timpson
The original local authority where that child was taken into care continues to have overall responsibility for their care. That is why it is important that they co-ordinate very closely with the receiving local authority to ensure that the child is cared for as well as they possibly can be. When that breaks down, it is often a consequence of the host local authority not having that real sense of responsibility and, in a sense, passing that responsibility on to the receiving local authority. That should never be the case.
In my previous life as a family law barrister, I was involved in cases where local authorities were unaware of where a child was living in the local authority to which they had been transferred. That is unacceptable, and it is exactly the sort of issue that Ofsted would be interested in when inspecting a local authority. What we are really trying to push for with these principles is to ensure that we get that continued level of interest, responsibility and determination, with local authorities still seeing those children as a high priority when fulfilling their role as corporate parent. That should never be diluted because the child happens to be moving around the system geographically.
Having grown up with foster siblings, I also know how important it is to demonstrate consistently that someone cares for and supports these children and young people; that someone worries about their safety, their relationships and their aspirations, and that they will help them realise their ambitions. Most children and young people are fortunate to have families who do that for them, but I want that for looked-after children and care leavers, too. As the local authority stands in place of these children’s parents, it is important that they should seek to act as any good parent would, as I said a few moments ago. If we take an examination of Ofsted reports that tell us where that is done well—Trafford, Hackney, Hertfordshire and Lincolnshire—we see that that is where corporate parenting is at its strongest. That is what this clause is designed to do, and what I believe it will achieve.
As was the case in the other place, this group of amendments seeks to ensure that corporate parenting principles are meaningful and practical. I believe that they are. Ofsted already has corporate parenting firmly on its radar. The inspection framework refers to corporate parents nine times, and I have no doubt that inspectors will have these principles clearly in their sights when they assess how well a local authority fulfils its corporate parent role. I have already had the pleasure of discussing this clause with Ofsted’s lead on social care, Eleanor Schooling, and I am confident that they will understand and want to test how local authorities are responding to these new principles.
As well as the wording of the clause, local authorities and Ofsted will have the statutory guidance that will be made available under this clause. As I have alluded to, that will include more detail on how the principles will work in practice, and the importance of embedding them within the culture of the organisation, driven by strong leadership from the top, as well as examples of how each principle could be applied on the ground. We plan to consult formally on draft guidance in the new year.
Tulip Siddiq
I note what the Minister said about a holistic approach to looking after these children. He mentioned front-line staff and the council working together as a whole, which I agree with. I was a councillor for many years in a council that is rated in the top three boroughs in the country, and I was also a cabinet member. We faced a £80 million shortfall overall and I had to make a 30% cut to the services that I was in charge of. Although I appreciate the sentiment behind these principles and I think they are very timely and needed, will the Minister comment on the fact that councils are stretched? Front-line staff are disappearing because they cannot afford to keep them on, and councils are struggling to provide even the basic services because of the lack of funding.
This is not a political point. Councils across the country are struggling with what I saw first-hand. I appreciate the sentiment that there should be an holistic approach to looking after these children—and I agree that that should happen, because they are the most vulnerable in society—can we carry that out at a time when councils are struggling with their funding because of the cuts to local government budgets from national Government?
Edward Timpson
This debate has been helpful in teasing out a little more understanding of the purpose of the principles. I accept that the principles in themselves are not going to transform the life of every child in care. However, as I have set out, we seek to provide a strong and comprehensive set of principles that will apply to all local authority officers, irrespective of their role, and which will engender a shared sense of responsibility and push to the forefront of their mind the impact of their decisions on children in care and care leavers placed with them.
I want to reassure the hon. Member for Birmingham, Selly Oak, who thinks about these things very deeply and cares about making sure that we come up with an approach that will have a positive impact, that the principles are not set in isolation. All the underlying responsibilities of local authorities remain in place.
Steve McCabe
I am not sure whether I have misunderstood; perhaps the Minister can help me. He is quite right to identify all those duties, but am I not right in thinking that in later clauses that deal with innovation, he plans to allow local authorities to opt out of these very duties and responsibilities? He talks about safeguards being applied to children, but he will later tell us he plans to let local authorities give those responsibilities up.
Edward Timpson
I am afraid the hon. Gentleman is wrong. If he looks at the provisions we have introduced, he will see that the sections I referred to are explicitly removed from that ability in relation to the power to innovate. He will also want to familiarise himself with the guidance, which will set out in a more practical and meaningful way how we want local authorities to behave in relation to the principles. At present, many local authorities are fulfilling those duties in a way that is very much aligned with the principles. We do not want to overlay further legislation that puts additional duties on local authorities, when they are already able to do this within the framework that is in place. This is about a shift in approach, not creating new burdens on local authorities.
The hon. Gentleman talked about aspirations. All of us have the highest possible aspirations for any child growing up in the care system, and local authorities must have those high aspirations too. That is what the clause is all about. He gave an example of a young person being placed in housing in an area of deep deprivation, with syringes lying on the floor of alleyways and so on. That, in anyone’s reading, would be wholly inappropriate. I do not think anyone would dispute that someone placing a child in that area clearly does not have high aspirations for them. There is still, as seen in too many Ofsted reports, an acceptance of an unfulfilled level of aspiration for children and young people in that local authority’s care.
We want to put front and centre of the Bill a very clear message, backed up by the statutory guidance, to every local authority: “Whether you are a social worker, a housing officer or working in the finance department, you should have high aspirations for this young person. You shouldn’t accept second best for them, because you are fulfilling the role of corporate parent, and that should drive you on to ensure you do your very best.”
Steve McCabe
As I said, I have great respect for the Minister. There is nothing personal in what I am saying, but he knows as well as I do that there are young people around the country being put in bed-and-breakfast accommodation by local authorities, alongside alcoholics and junkies—it is happening now. If his aspiration is to put an end to that, why does not he legislate for it, rather than giving us principles that local authorities will be able to opt out of, as it suits them?
Edward Timpson
I am sure that the hon. Gentleman knows that we have already tightened the rules on the use of bed and breakfast—local government welcomed that—to try to get the right placement for each young person, depending on their circumstances. I do not want him to give the impression that the principles are the only thing the Government have introduced to try to improve experiences and outcomes for children in the care system.
I want to challenge the hon. Gentleman on his point about the health and education of children in care deteriorating during their time in care. That is not what the evidence suggests. He will have seen the report from the Rees centre, whose research showed that care has an overall positive impact on children. Those in care do better than children in need, in terms of educational improvement. There is no evidence that their health deteriorates, although of course there are individual cases where that does happen. They are more likely to have health checks while they are in care than when they are not.
I reassure the hon. Gentleman that my job title, Minister for Vulnerable Children and Families, does not affect my other responsibilities; in fact, I have even more responsibilities than I did when the name of my portfolio did not include the word “vulnerable”. Part of my mission involves the clear and consistent approach that the Government have set out in the “Putting Children First” policy paper, which the hon. Gentleman will have read. That sets out our ambition to improve services in every way, for children in care and for care leavers. [Interruption.] I see that the hon. Gentleman has the paper in front of him—he has made my Christmas.
The paper sets out a clear and comprehensive strategy for the period from now to 2020, across the system, for the people working in children’s social care, the practice system that they work in, and the governance and accountability that will ensure we know what works and what does not. As a consequence, we will have the opportunity to see more children, with the principles in place, being looked after by those charged with the responsibility. That is the right approach.
The hon. Member for Hampstead and Kilburn raised the issue of how local authorities will be able to do what we envisage, at a time when local government funding is falling overall. The amount that local authorities have been spending on child protection has risen in recent years. That is partly because the number of children in care has gone up, but also because local authorities are taking the responsibility seriously. I welcome her support for the principles, but as for the impact of funding on the quality of children’s social care services, she will have seen that there is no correlation that can be determined between the amount that a local authority spends on services, and their quality and the outcomes for children. Some of the lowest-spending authorities have the highest outcomes for children in their care, and some of the highest-spending have some of the worst outcomes.
I suggest that the hon. Lady look at Hackney, not all that far from her constituency, to see how it turned around children’s services to the extent of being able to bear down on the overall cost. The services there work earlier and better with families, reducing the number of children who come into care, which means they can spend the money they have on improving services for the children who are in their care. I challenge the presumption that if we spend more money we get better services. That is clearly not the case. Of course we need to ensure that local authorities have sufficient funding to carry out their functions, but there is also room for them to ensure that they get the best possible value for the children in their care.
Mrs Lewell-Buck
The Minister has said that spend has increased and that is not related to quality in some local authorities. How does he explain that? Does he agree with the National Audit Office conclusion that that indicates that none of his Government’s reforms since 2010 have yielded the desired results?
Edward Timpson
The hon. Lady is right to reference the NAO report, because the NAO was the proponent of the suggestion that there was not a correlation between spend and quality of service. We need to understand better why some local authorities are able to deliver better services for less money. As she will appreciate, this is a complex area, and there is still work to do to get under the skin of why the looked-after population is still rising in some local authorities but falling in others. That is partly to do with greater awareness and earlier intervention in families. In the past, particularly in cases of neglect, children were left in the care of their parents for too long.
Edward Timpson
I am trying to give the hon. Lady a full explanation. Different circumstances in different local authorities drive decisions about funding and the outcomes that that funding achieves. We have recently signed a formal agreement with Ofsted so that we can more effectively share our data with one another—the NAO report asked for that—and have much more contemporaneous read-outs of how local authorities are performing, help them make better decisions about how to spend money and understand better as a Department what baseline funding local authorities need to carry out an efficient and effective service.
Mrs Lewell-Buck
I thank the Minister for giving way again. He touched briefly on early intervention. Does he accept that one of the reasons why more children are coming into care is perhaps that his Government’s cuts have led to a lack of early intervention services, family support work and Sure Start centres? I know from practice that those things can keep families together and prevent children from going into care.
Edward Timpson
It will be no surprise to the hon. Lady that I do not accept that proposition. As I say, this arena is more complex than that. It is worth reminding the Committee that not every child who comes into contact with a children’s centre inevitably ends up in the care system. Only a small proportion do so and have some support off the back of that. We want to capture those children as early as possible—I agree with her about that—but we must also provide targeted support for children in need who are on the edge of care so that their families get the support they need to keep them together, as Hackney has done successfully, rather those children slipping into and sometimes bouncing in and out of the care system, which is often the worst of all worlds for them.
I pray in aid the work that we have done through the innovation programme to try to improve local authorities’ response to this difficult and complex issue. I accept that there is more work to be done, but the programme that we set out in the “Putting children first” policy paper is a good and strong response to that challenge. On that basis, I ask the hon. Lady to withdraw her amendment.
Mrs Lewell-Buck
I have listened carefully to the Minister’s response. The key thing he said, which sticks in my mind, is that these principles should be those of all good parents. Any good parent would therefore see these principles as a duty, not something to “have regard to” or ignore at will. They would not do that, and neither should any of us. I will press the amendment to a vote.
Question put, That the amendment be made.
Mrs Lewell-Buck
I am astonished that I had not picked up on what the Minister said. I hope that he will clarify.
Edward Timpson
Dear oh dear, Mr Wilson; we were all getting on so well. I am afraid that what the hon. Member for Birmingham, Selly Oak, has said is not a fair representation of the point that I made. I ask the hon. Member for South Shields to take in good faith the point that I made, which is that children who are in care do better educationally, in terms of improvement, than children who are on the edge of care with child protection plans. It is wrong to suggest that being in care holds back the child’s education. If we compare children in care with the most closely aligned group—those on the edge of care—they do better. That was the point that I made, and I hope that is the point that the hon. Lady will take away.
Mrs Lewell-Buck
I thank the Minister for that clarification. I am sure that Hansard will show us all exactly what he said.
Children and Social Work Bill [ Lords ] (Second sitting)
(Limited Text - Ministerial Extracts only)
Read Full debateTuesday 13th December 2016
(8 years ago)
Public Bill CommitteesChildren and Social Work Act 2017 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 13 December 2016 - (13 Dec 2016)
The Committee divided: - Ayes: 7 / Noes: 10 - Question accordingly negatived.
The Committee divided: - Ayes: 6 / Noes: 10 - Question accordingly negatived.
The Committee divided: - Ayes: 6 / Noes: 10 - Question accordingly negatived.
The Committee divided: - Ayes: 6 / Noes: 10 - Question accordingly negatived.
The Committee divided: - Ayes: 6 / Noes: 10 - Question accordingly negatived.
The Committee divided: - Ayes: 6 / Noes: 10 - Question accordingly negatived.
This text is a record of ministerial contributions to a debate held as part of the Children and Social Work Act 2017 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Kate Green (Stretford and Urmston) (Lab)
It is a pleasure to join the Committee, Mr Wilson; I was unable to attend the sitting this morning.
I shall speak particularly to new clause 16 and the proposals on social security support for young care leavers. I am sure that when my hon. Friend the Member for South Shields introduced the new clause this morning, the Committee discussed how the need for special arrangements for young care leavers arises from the likelihood that they will not have family resources to fall back on in the way that other young people leaving the family home would. It is particularly difficult for young care leavers to find appropriate accommodation in areas such as my own, where accommodation costs are especially high. I am keen to reinforce the points made about the need to review the application of housing benefit rules for such people.
First, it is important to recognise the need for stable accommodation for young care leavers as they move into adulthood. If they do not have the resources to be sure that they can undertake a secure tenancy arrangement, all the other attempts to route them into a secure future will be undermined.
Secondly, if such young people—who may have considerable emotional and interpersonal difficulties, and difficulties with relationships with others—have to share accommodation with people whom they do not know very well, perhaps with complete strangers, they may find that an exceptionally difficult situation in which to adapt to adult life. It is therefore of all the greater importance that they should be able to have their own accommodation or property: we should take this opportunity to exempt young care leavers from the more restricted housing support available to young people more generally. Such support requires them to share accommodation, which would not be appropriate for young care leavers.
Although progress has been made over recent years, in many local authorities it has been necessary to place care leavers outside their home borough. The new clause offers the opportunity to ensure that, when successful attempts have been made to bring young people back in-borough, as has been the case in Trafford, which I represent, and housing costs are high in that borough, which they most certainly are in mine, young people, having been brought back into their home borough, are financially able to sustain accommodation so that they can remain in a community where they have relationships and contacts.
We must also recognise the importance to both education and employment of ensuring an adequate source of income for young care leavers. As I said, they do not have access to family resources to bail them out from unexpected expenditure or debt, so it is right that we should have a social security system that is sufficiently generous to ensure that they are not put in a position in which financial unsustainability undermines the achievement of the social outcomes the Bill envisages promoting for young people.
If the Minister is not able to take our suggestions for a generous interpretation for social security on board in his answer today, I hope that Ministers from the Department will be willing to explore the issue further with colleagues in the Department for Work and Pensions. Will the Minister give us an indication? We all know that these are not imagined problems for these young people; they are very real.
The Minister for Vulnerable Children and Families (Edward Timpson)
I thank the hon. Member for South Shields for her amendments on clause 2, particularly about the local offer and care leavers. I am also grateful to her and to the hon. Members for Walthamstow and for Birmingham, Selly Oak for being generous in their reading of the motivation and spirit behind the clause.
Far from being relaxed about the outcomes for care leavers, I am as determined today as I was the first moment I set foot in this place to do all I can to improve their prospects. That is reflected in the fact that we have the Bill before us, as a product of what can be a difficult bargaining arena, with many other Departments wanting to get legislation before Parliament. Through that renewed effort—as well as the cajoling and persuasion needed—we managed to make this a key priority for the Government, which is why it has now come before the House for the necessary scrutiny.
This group of amendments would seek to provide additional support to care leavers. I do not hesitate to agree that these young people do need help and support, but I do not consider the amendments to be the best way to provide that additional support. I will respond to each amendment in turn to explain why.
Amendment 26 would extend the definition of care leavers to cover all unaccompanied asylum-seeking children up to the point when they leave the UK, in the event that their asylum application is not granted. I recognise that the amendment seeks to safeguard a particularly vulnerable group of young people. I assure the Committee that I appreciate the sentiment and desire behind that. We know that local authorities are now looking after increasing numbers of unaccompanied asylum-seeking children and supporting more care leavers who were formerly asylum-seeking children.
Bearing those points in mind, I want to make an important clarification. Most care leavers who were formerly unaccompanied asylum-seeking children have refugee status, humanitarian protection or another form of leave to remain or an outstanding human rights application or appeal. That means that they qualify, like any other care leaver, for the support under the Children Act 2004 care leaver provisions, to assist their transition into adulthood. In addition, they will benefit in the same way as other care leavers from the improvements to the framework contained in the Bill, including the local offer for care leavers.
It is only those leaving care whom the courts have determined do not need humanitarian protection, who have exhausted all appeal routes and rights and subsequently have no lawful basis to remain in the UK, with the court having said there is no barrier to their removal, who will need, in those circumstances, to be supported to return to their home country, where they can embark on building their lives and futures, with assistance from the Home Office in the form of financial and practical support. The Government believe that that is the right approach for that specific and clearly defined group, whose long-term future is not in this country but who need support and assistance before they leave.
Edward Timpson
The hon. Member for Walthamstow wants to intervene. I know she will be disappointed that that is the Government’s position, as it was on the Immigration Act 2016, but it is important to set out the very clear difference between the much larger group of care leavers who have not exhausted their appeal rights and those who have.
Stella Creasy
I simply ask the Minister whether he can clarify the difference between the description that he has just given and that in amendment 26, which states
“unaccompanied asylum seeking children up to the point that they leave the United Kingdom”.
That is exactly the group he is talking about. He seems to be making the same case as we are—these young people should get the relevant support and help that we are talking about.
Edward Timpson
I am explaining the current situation. As the law stands, the local authority will continue to provide the same care-leaving service for those children and young people until all their appeal rights have been exhausted. There will be a period following a decision during which every effort will be made to repatriate them to their country of origin. Of course, that will not happen immediately after the courts have made a final decision.
The local authority can, of course, continue to provide ongoing and further support in such circumstances, which may include the continuation of a foster placement or continuing support from a personal adviser, where it considers that appropriate. The Department for Education and the Home Office will continue to work with local authorities and relevant non-governmental organisations on the development of the regulations and guidance required to implement the new arrangements for support set out in the Immigration Act 2016. Those regulations will be made under provisions that will be subject, in due course, to debate and approval in both Houses of Parliament under the affirmative procedure, which I suspect will be the forum for Opposition Members to continue pressing on the issue. I have set out the Government’s position and the rationale behind it.
New clause 13 would require the Secretary of State to undertake an annual review of care leavers’ access to education. I reassure the Committee that we already publish such information, and I will set out the measures we have already taken to better support care leavers into education, employment and training. As the hon. Member for South Shields said, the high proportion of care leavers who are not in education, employment or training is a long-standing problem.
Of course, there are many reasons for the NEET rate being higher for care leavers than for young people in the general population, not least the impact of pre-care experiences. That is why, earlier this year, we published “Keep on Caring,” our new cross-Government care leaver strategy. One of the five outcomes we set out in the strategy is to improve care leavers’
“access to education, training and employment”.
A number of new measures were announced in the strategy that are designed to turn that ambition into reality, including: a commitment to provide funding for a new approach to helping care leavers into education, employment and training by using social investments to fund “payment by results” contracts that reward providers only when care leavers achieve positive outcomes; and a pilot work placement programme to provide care leavers with opportunities to work in central Government Departments.
Care leavers have already been recruited to work in the Department for Education, the Department of Health and the Department for Work and Pensions. Indeed, a new member of my private office is a care leaver, and she has been a fantastic acquisition for the team. Through our new care leaver covenant, we are also encouraging organisations from across society to offer work opportunities to care leavers and to work specifically with FE and HE providers to set out a clear offer of support for care leavers studying in further and higher education.
Financial support is also already provided to care leavers in education. Where care leavers are in higher education, there is a duty on local authorities to provide a £2,000 bursary to help with the cost of studies and a requirement to provide accommodation during university holidays. Care leavers in further education can also receive financial support through the 16-to-19 bursary, for which care leavers are a priority group. The bursary provides up to £1,200 a year to support the cost of their studies. Through DWP’s second chance learning initiative, care leavers are able to claim benefits while studying full time up until the age of 21.
The Government also publish data on the activity of care leavers aged 17 to 21, which previously were not available. The data identify the proportion of care leavers at each age point who are in higher education, other non-advanced education, employment or training, and those who are NEET, which provides the information necessary to track progress over time and will be a key way of ensuring that we can tell whether our changes are having the desired impact.
Steve McCabe
The Minister is describing the various things that the Department is doing to try to improve the situation. Does he recognise that a problem that young people themselves regularly identify is the number of school changes they experience as a direct result of being received into care? The Barnardo’s study says that care leavers are saying that they have experienced five changes of school, which makes life difficult for them. Does he have any plans to encourage or persuade local authorities to seek to restrict those movements between schools, which is clearly impairing these young people’s education?
Edward Timpson
The hon. Gentleman makes an important point. About 11% of children in care still have three placements—that is placements, rather than schools—or more per year. We already have priority school admissions for children in care, so there is no excuse for their not getting the right school.
I want to ensure that as part of the fostering stocktake we are now undertaking, which is a fundamental review of how fostering is working, we also look at stability—an issue raised by Opposition Members—and, specifically, its impact on children’s ability to form close and strong attachments, to build a social network around themselves and to have a strong and stable education, so that they can achieve what they are capable of in that environment. Part of that will be being clearer about what local authorities can do better, so that they can enhance the prospects of creating the stability that we know is a core ingredient of successful time in care.
I encourage the hon. Gentleman to look at the direction of the fostering stocktake and at how we can better ingrain stability in decision making, particularly at the very start of when a child enters care. Often, that first decision on the school or placement has a consequential fall-out for the child or young person if turns out not to be the right one.
Amendment 27 would require the Secretary of State to develop and publish a national minimum standard for the local offer for care leavers. Although I fully appreciate the intention behind the amendment, I should point out that there is already a set of statutory duties in the Children Act 1989 that defines a minimum level of support for care leavers. Under those provisions, local authorities must provide a personal adviser for care leavers until the age of 21, and the Bill extends that support to the age of 25.
Local authorities must develop a pathway plan for their care leavers and provide assistance, both in general and specifically, to support them with education, training and employment. Care leavers are also entitled to request support from an advocate. The local offer is designed to include care leavers’ legal entitlements and additional discretionary services and support that the local authority may offer, with the legal entitlements being the minimum offer that must be provided. Beyond that—the hon. Member for South Shields will have anticipated my saying this—producing a prescribed local offer runs the risk of stifling creativity and creating a race to the bottom.
The issue gets to the nub of where we part company on the right approach. A prescribed local offer would not take account of local needs or circumstances—we want the opposite to happen, with local authorities actively providing the best possible offer and tailoring that to their local situation. We have already seen, in the likes of North Somerset and Trafford, that one outstanding care leaving service is a key beacon of good practice. To that end, local authorities will be required to consult care leavers, as well as other persons or bodies who represent care leavers, before publishing their local offer. That will ensure the offer is informed by the views of those who will use the services set out, as well as those providing the services and supporting implementation.
The risk with minimum standards is that everyone does the minimum and no more. To ensure local authorities are encouraged and helped to go beyond the minimum standards required by the law, officials at the Department have developed a prototype local offer that sets out the kinds of things local authorities can consider when designing their local offer, rather than specifying exactly what it should include. A copy of that prototype was sent to Committee members, and the intention is to publish it.
That in part answers the questions from the hon. Member for Birmingham, Selly Oak about practice guidance or a template from which local authorities can start to craft their own local offer. I am happy to share the prototype with him if he does not have a copy. It gives a clear direction of the areas local authorities need to cover, as a baseline for the development of their own local offer, but it does not prevent them from ensuring they provide one that meets the specific needs of their own population.
Some hon. Members asked how the SEND local offer may be different. I should say at the start that I disagree with the characterisation of the impact of the local offer for special educational needs and disabilities. That came out of a very substantial process involving young people and parents to identify what they were looking for from the new system. That was during the heady days of the coalition, when Sarah Teather was in this position, so it has a lot of history behind it. I do not know whether that reassures the Committee but, be that as it may, over the last two years of implementation we have seen the SEND local offer starting to embed and develop. We now have inspections of the new SEND system by Ofsted and the CQC. One example is a 2016 report on Enfield, in which Ofsted and CQC found:
“The local offer is informative and very helpful to parents and young people. It includes a wide range of information to help them identify where to get support and how to access available services. Over the last six months, increasing numbers of people have used the local offer to gather information.”
Representatives from parent-carer forums and SEND organisations
“are actively engaged in further improvements such as improving the local offer and making it more accessible to users.”
Brian Lamb, author of the 2010 Lamb inquiry, looking at parent-carer forums as the formal conduit for parents’ engagement, reported that around two-thirds of those surveyed were fully engaged in general strategic planning or in developing the local offer and that that was leading to significant changes in local authority practice in some areas. I accept that the measure has yet to achieve the desired effect right across the country, but the roots have been planted and we are getting evidence from those inspections of the difference that it is making in the engagement between families and services.
Finally, I turn to new clause 16. It seeks to introduce a national offer for care leavers that would include reducing the length of benefit sanctions under universal credit; making care leavers eligible for working tax credit; extending the exemption from the shared accommodation rate of housing benefit up to the age of 25; and exempting care leavers under the age of 25 from paying council tax.
I am familiar with the issues raised under the national offer and have had a number of meetings with the Earl of Listowel, who raised this issue in the other place. I have also had detailed conversations with the Minister for Employment, and I understand the concerns that have been raised around benefit sanctions.
Just last week, jobcentre staff were reminded about the challenges that care leavers can face. An article was featured on the DWP intranet, available to all staff, explaining the specific circumstances that care leavers can face and reminding work coaches—the interface between care leavers and the benefits system—to take account of any relevant circumstances and flexibilities when deciding whether a sanction was appropriate. What happens at that moment between the work coach and the care leaver could make the difference between that young person progressing towards employment and a retrograde step: it being more difficult for them to gain employment because of how a sanction has been applied.
The article also tells staff about the ambitions we have for care leavers as set out in “Keep On Caring”, the refreshed cross-government care leaver strategy, and clearly lists all the DWP support available to care leavers. I thank the Minister for Employment for taking this action. We will continue to work together to reassure the hon. Member for Stretford and Urmston that we want to see what more we can do, so that the experience of the care leaver in that situation is much better.
At the heart of that is identification. If those who first see a care leaver coming into a jobcentre are blissfully unaware that they have come from the care system, inevitably, they will potentially miss taking a very different approach from the one they end up taking. Although we have a flagging system in the jobcentre computer network, it is based on self-identification. We want to do more work to see how we can ensure that, before a care leaver comes into contact with the benefits system, that is already flagged, so that we can get more consistency in the approach taken by jobcentres. Of course, we want to work towards no care leaver having to move straight into the benefits system. That is why the work to improve their opportunities for education and training and the expansion of the role of the personal adviser are all going to be important. However, these flexibilities can only be considered if Jobcentre Plus staff are made aware of a care leaver’s status in the first place. We will work hard to make sure that the situation improves on the ground.
On eligibility for working tax credit, I remind the Committee that we are currently rolling out universal credit—in case anyone had forgotten. That will replace the current system of means-tested working age benefits, including tax credits; it will replace tax credits for all new claims by October 2018. It is designed to simplify the benefit system and to provide in-work support and incentives to work for all claimants aged 18 or over. However, it is important to note that the requirement for workers to be aged 25 or over will not apply with universal credit. Care leavers aged 18 and over in low-paid work, who are currently unable to claim working tax credit, will be able to claim universal credit, subject to the normal rules on taking account of earnings. I have a case study, which I am happy to share outside the Committee, of a 19-year-old care leaver, which demonstrates the impact that will have. Those people will receive uplifts in the new system that they do not get in the system we have at present.
On the exemption from the shared accommodation rate, I have real sympathy with the hon. Lady’s arguments. I reassure her that this is something that we are looking at. As she said, we are exploring the evidence regarding the need for this change and have asked the Children’s Society to provide examples of how the current rules impact on care leavers, in the hope we can make some progress.
Kate Green
I want to return to what the Minister said about the different treatment, under universal credit, of care leavers under 25, compared with working tax credit. Can he say how many care leavers are currently in receipt of working tax credit? Presumably, as they come to adult age and as new claimants, they are predominantly being moved straight on to universal credit at the end of the benefits system. A small number may remain in the situation where they would be eligible only for working tax credit. Can the Minister say how quickly they can be migrated to universal credit?
Edward Timpson
I do not have those figures to hand. One of the issues I raised earlier is around identification and knowing who is accessing benefits and is also a care leaver. We need to improve that information, hence the additional data we are now collecting as a Department. That will give us a more granular understanding of who these young people are and how they have come into contact with the benefits system. I will write to the hon. Lady with more details about that, so she has as much information as we can give.
It is important we start to understand where this leads, what the destination inevitably is and what we could have done in the intervening period to make the direction in which a young person goes different. I am happy to give the hon. Lady further information about that.
Steve McCabe
This is a minor point on the same sort of area. As I understand universal credit, where that applies to the youth obligation, that obligation will be available to young people only in areas where universal credit is fully operational. In those circumstances, what will be the provision for youngsters leaving care? We could end up in a situation where youngsters leaving care in some parts of the country will be entitled to a different set of opportunities from those in areas where universal credit is fully operational. Has the Minister had an opportunity to look at that, or will he look at that and come back to us? It has not been presented quite like that, from my understanding.
Edward Timpson
I understand the hon. Gentleman’s point. Any roll-out as wide and as significant as universal credit is going to have various knock-on effects, depending on what other initiatives fall off the back of those changes. I will take that away and talk to my colleagues in the Department for Work and Pensions to see whether that has been factored in as part of the roll-out through to 2018.
I want to reiterate that care leavers cannot currently claim working tax credit. Anyone over 18 on universal credit will be able to claim in-work benefits. We want to ensure that care leavers are aware of that and that they get the necessary support that falls off the back of that change.
I turn to the issue of paying council tax. We believe, as a long-standing position, that local council tax support is and should be a matter for local authorities, hence the Government giving councils wide powers to design council tax support schemes that protect the most vulnerable. We know that authorities such as Birmingham and Wolverhampton have already taken the decision to exempt care leavers from council tax and I applaud them for doing so.
Mrs Lewell-Buck
Many children who have left care go on to be fantastic parents, but those who need an extra bit of support should be recognised in the legislation. This amendment seeks to achieve that.
While the Government have suggested that existing statutory guidance makes some reference to young people who are young parents, we need to recognise and respond more robustly to the additional vulnerabilities of this group of care leavers in a way which is not presently provided for in primary or secondary legislation. Evidence from the Centre for Social Justice in 2015 based on data provided by 93 local authorities revealed that 22% of female care leavers became teenage mothers. That is three times the national average. The same report identified that one in 10 care leavers aged 16 to 21 have had their own children taken into care. Care leavers are particularly vulnerable to early pregnancy, early parenthood and losing their child to the care system.
A recent research project carried out by Professor Broadhurst based on national records from the Children and Family Court Advisory and Support Service between 2007 and 2014 examined cases relating to 43,541 birth mothers involved in care proceedings. The study estimated that around a quarter of these mothers who had a child subject to care proceedings will have sequential care proceedings about another of their children. The study found that young women aged 16 to 19 years were most at risk of experiencing repeat proceedings, with almost one in every three women in this age group estimated to reappear. Provisional results from the study’s further in-depth analysis of court files indicate that more than six out of 10 others who had children sequentially removed were teenagers when they had their first child. Of those mothers, 40% were in care or had been looked after in the care system for some of their own childhood.
Like most parents who are subject to the child protection system, young parents often feel lost, angry and scared. However, many of these young parents, particularly care leavers, also have multiple challenges. Some of them are alienated by prior negative experiences of state services in their childhood, making it difficult for them to engage with professionals. At times, this lack of parental co-operation can be a trigger for the issuing of care proceedings. Young parents often feel judged by their youth and background rather than by their parenting abilities. That is particularly the case for care leavers, who often feel that being in care itself counts as a negative against them. Previous childhood experiences including suffering abuse, mental health problems and exclusion from school may adversely impact on their resilience, their resources, their support networks and their ability to deal with both the challenges of transitioning to adulthood and being a parent. Young parents who are care leavers also identify that even where support has been provided to them in their capacity as young people leaving care, the support often ignores their role as parents or fails to assist them in safely raising and keeping their child.
As referred to in new clause 16, a national offer for care leavers would go some way to mitigate the financial challenges that care leavers face, which are only exacerbated when they become parents themselves. Our amendments would ensure that their needs as parents were fully taken into account.
Edward Timpson
I thank the hon. Lady for tabling amendments 28 to 31, which would provide that when a local authority assesses care leavers’ needs, they must take account of that young person’s requirements in relation to their physical and mental health, their emotional wellbeing and their needs as a young parent if that applies. Amendment 29 would require that any mental health assessment should be conducted by a qualified professional. I recognise that these issues are important, and that they could impact significantly on the lives of care leavers, whose health and wellbeing outcomes tend to be worse than for young people who have never been in care. The likelihood of care leavers becoming teenage parents is also much greater than for their peers, for the reasons set out by the hon. Lady in her speech.
There are, however, many other wider issues, such as health and development, education, training and employment, and financial and accommodation needs, which are also vital to care leavers’ transition to independent life and adulthood. All these issues— it would not be practical to list them all—are arguably of equal importance and will be different for every child, so I do not agree with giving some more weight than others. It is also unnecessary because these and other issues are already comprehensively covered in volume 3 of “The Children Act 1989 guidance and regulations”. The statutory guidance is clear that local authorities must produce for each care leaver a comprehensive pathway plan, which must be based on an up-to-date and thorough needs assessment taking into account how to support their health and development and their physical, emotional and mental health needs. I shall read a small extract from that guidance, which states that pathway plans must address the
“young person’s health and development building on the information included in the young person’s health plan established within their care plan when they were looked after”
and that personal advisers, who, under the clause, will cover all care leavers up to the age of 25,
“should work closely with doctors and nurses involved in health assessments and would benefit from training in how to promote both physical and mental health.”
I reiterate that the Government have established the expert group on the mental health of looked-after children and care leavers, and we have asked them to recommend the most appropriate way to deliver the care. The group have already met twice, and I have met them, and they are free to make recommendations during the period of their work. Their remit is substantial and wider than that which they had in relation to the Education Committee, albeit that that also had worth.
On the initial assessment when a child comes into care, it is not just a strengths and difficulties questionnaire, as regulations already require the responsible authority to ensure that all looked-after children have an initial health assessment by a registered medical practitioner, who should cover their emotional and mental health as well as their physical health needs. The reason we wanted the expert group to consider the matter is that there will be circumstances where it is not appropriate for a child coming into care to have a mental health assessment at that specific moment, either because they have suffered trauma at the moment of coming into care, or because they are a newborn baby, or because other elements in their circumstances might require it to be done in a more individually appropriate way. That will ensure that the right decisions are made about how to get to the bottom of what may be underlying issues due to pre-care experiences. We do not want to set a single process that restricts those who are charged with responsibilities to ensure that they take the appropriate action for that child.
Steve McCabe
I understand the Minister’s point about a relatively young child or a baby not necessarily having a mental health assessment, but who would make the decision whether it was appropriate for a child to have a mental health assessment? Would it be a qualified mental health practitioner who would have the ability to make that judgment, or would it be a member of the local authority, or a member of the residential home, or the social worker? There is clearly a temptation for people to say, “Well, it is not appropriate at the moment.” Given what we now know about the longer-term effect on the mental health of many of these children, who is the most appropriate person to make that judgment, and at what stage?
Edward Timpson
As I set out a few moments ago, the regulations make it clear that the health assessment is carried out by a registered medical practitioner.
Edward Timpson
The hon. Gentleman asked who makes the decision, and the regulations are clear about who carries out the assessment. He knows as well as I do that local authorities have a responsibility to triage cases according to the law and the regulations that apply. If he is suggesting that it should or should not be a certain person, I would be interested to hear his views.
Steve McCabe
That is not quite what I asked. It is all very well to say that, at the moment, a child coming into care has a regular health assessment, but the Minister then told us why it would not be appropriate at certain stages or certain ages for children to have a mental health assessment. He is making that judgment at the moment. I am asking who is entitled to make a judgment about a child’s mental health, given what we now know about the long-term consequences for many of these children.
Edward Timpson
I have already explained to the hon. Gentleman that the process is clearly set out in law. I am not making that judgment; I am reflecting on the evidence provided by others about the experience of children who are brought into the care system. The whole point of the expert group is to try to ensure that the care pathway that is created for each child coming into care will ensure that they get the right support based on the right diagnosis at the right time. We want to avoid ending up with a process at the inception of a child’s time in care that does not enable that pathway to be created in a way that meets their individual needs.
The hon. Member for South Shields spoke about the most vulnerable mothers who have had multiple children taken into care. As we know, that group includes a disproportionate number of care leavers. I draw the Committee’s attention to the Pause programme, which seeks to break the intergenerational cycle of care, which the hon. Member for Stretford and Urmston mentioned. Pause has been operating in Hackney for some time and has now been extended to six other local authority areas, with funding from my Department’s innovation programme.
Last month, the Secretary of State announced funding to roll out the Pause programme in a further nine areas, bringing Government funding support to more than £6.4 million in the next four years. The programme works intensively with young women to prevent repeat pregnancies and the subsequent removal of their children into care. The initial findings are extremely encouraging and, by extending the programme, we want to reach out to more parts of the country so that more mothers who find themselves in that situation get the support they need so that they can make good life choices and have a future that is not just about turning up at court once every few years to fight for custody of their own child.
Mrs Lewell-Buck
Notwithstanding the good work being done through the Pause programme, does the Minister accept that the work is rather piecemeal? It is not happening in every local authority. As I said earlier, we should be offering such services to everyone across the board, not just to some people who live in certain local authority areas. What happens when this innovation money runs out? Do we just go back to where we were?
Edward Timpson
I will answer that question in two parts. First, interested parties always ask for evidence when we try something new. Before we roll out a programme nationally, we want to be able to demonstrate that it will be effective in tackling the issue that it was set up to try to resolve.
Secondly, of course we want to ensure that we get uniformity right throughout the country, but the only way we can establish whether the care leaving services work well is by having a strong legal framework backed up by strong accountability. When services work well—we now have four or five councils with an outstanding care leaving service—we need to get better at spreading that good practice. The new What Works centre is going to be a good way of achieving that. We must ensure that we find out where local authorities are falling short. That may be in the transitional work they are doing on the care pathway that is put in place to plan for the young person’s future, including the need to secure their emotional and mental health needs.
I do not disagree with the hon. Member for South Shields about the concerns she has expressed, which is why we are trying to tackle the problem through the innovation programme and the extension of the role of the personal adviser, who has an important part to play in providing mentoring support and engaging young people in the services they need, pushing their elbows out on their behalf so that by the time they reach 25 they are in a much stronger emotional, mental, physical and financial state than would otherwise have been the case. I do not think the approach the hon. Lady is suggesting would help in the way that she would hope. For the reasons I have set out, the Government are taking this approach because we want to try to tackle the problem that we both acknowledge remains long-standing. We are determined to do more than ever to put it right.
Mrs Lewell-Buck
The other part of my previous question was what happens in the areas we are discussing when the innovation money runs out? I am assuming that each programme is time-limited.
Edward Timpson
Every innovation programme, of which we have more than 50 throughout the country and in every region, is provided with funding for the duration of the programme only if it can show how it will be sustainable in the long term. That is done through an independent panel that makes decisions about which programmes should be supported and which should not. The panel will feed directly into the What Works centre so that other parts of the country can learn from projects that have already demonstrated a discernible impact in the area that they hoped to help through their initial proposal.
Take the example of North Yorkshire, where the No Wrong Door project to support care leavers has been hugely successful in improving support for care leavers. That model is now being shared and replicated—albeit crafted to meet individual need—based on the fact that it is showing benefits not only in North Yorkshire but in other parts of the country. The model is one of creating the evidence base, having the ability to spread best practice, and then ensuring that the sustainability proposed in the original programme is there. On that basis, I urge the hon. Lady to withdraw the amendment.
Mrs Lewell-Buck
If I withdrew the amendments, would the Minister consider updating some of the guidance on mental health assessments? In the pathway plans I have seen in the past they are not given the prominence they should have.
The Chair
Amendment 31 is consequential upon amendment 30, which has just been defeated. It follows that it will not be called for a separate Division.
Clause 3 ordered to stand part of the Bill.
Clause 4
Duty of local authority in relation to previously looked after children
Edward Timpson
I beg to move amendment 1, in clause 4, page 5, line 35, leave out from beginning to end of line 4 on page 6 and insert—
‘(6) In this section—
“relevant child” means—
(a) a child who was looked after by the local authority or another local authority in England or Wales but ceased to be so looked after as a result of—
(b) a child who appears to the local authority—’
This amendment, together with amendment 2, would extend the duty of a local authority under clause 4 (duty to provide information and advice for promoting educational achievement) to children who were adopted from state care outside England and Wales.
The Chair
With this it will be convenient to discuss the following:
Amendment 32, in clause 4, page 6, line 4, at end insert—
“(d) returning home to the care of a parent.”
This amendment, together with amendments 33 and 34, would ensure children returning home after a period in care are afforded the same promotion of their educational attainment as those children who have ceased to be in care as a result of adoption, special guardianship orders or child arrangements orders.
Government amendments 2 and 3.
Amendment 33, in clause 5, page 6, line 36, at end insert—
“(d) returning home to the care of a parent.”
See explanatory statement for amendment 32.
Government amendments 4 to 6.
Amendment 34, in clause 6, page 7, line 46, at end insert—
“(c) was looked after by a local authority but has ceased to be so looked after as a result of returning home to the care of a parent.”
See explanatory statement for amendment 32.
Government amendments 7 and 8.
Edward Timpson
Government amendments 1 to 8 would extend the remit of clauses 4 to 6 to include children adopted from the equivalent of state care in countries outside England and Wales. Clause 4 requires local authorities, through the virtual school head, to make advice and information available to parents and designated teachers in maintained schools and academies, for the purpose of promoting the educational achievement of children who ceased to be looked after by the local authority as a result of a permanence order. Clauses 5 and 6 place a duty on maintained schools and academies to appoint a designated teacher to promote the educational achievement of pupils. These amendments will extend these entitlements to children from other countries who are now in education in England and who were adopted from a form of care equivalent to being looked after by a local authority in England and Wales.
While it remains the Government’s top priority to continue to focus on support for children who are looked after by our care system, we understand that children adopted from similar circumstances in other countries are likely to face many of the same issues. In addition, they are living in a new country with a different culture and so they, too, are vulnerable. The Government acknowledged this earlier this year, when we opened up the Adoption Support Fund to these children and their families, giving them access to much-needed therapeutic services. So far there have been 40 applications to the fund from this group. The amendments acknowledge that, like children adopted in this country, children adopted overseas will often be coping with the emotional impact of trauma suffered in their early lives and that that can act as a barrier to their progress at school.
We know that there is an attainment gap for previously looked-after children in this country. It is, therefore, reasonable to deduce that that might also be the case for children adopted from elsewhere. There is, of course, much variation between the care systems in other countries so it is important that we ensure as much parity as possible with the eligibility criteria for children in this country who are eligible for the entitlements in clauses 4 to 6. I believe the amendments achieve just that.
A child who is cared for by a public authority, a religious organisation or charitable type of organisation before being adopted will now be able to access this support in school. The Government will set out in statutory guidance more detail on eligibility and the process for confirming such eligibility, so I hope hon. Members will support the amendments.
I am grateful to the hon. Member for South Shields for amendments 32 to 34, which would extend the duty of the virtual school head and designated teacher to promote the educational achievement of children who cease to be looked after because they returned home to the care of their birth parent or parents. I agree that children taken into care who later return to their birth parent or parents may also be vulnerable and need extra support in education. Many come from disadvantaged backgrounds and it is important that they and their families are given the support that they need.
Where a child ceases to be looked after because they return home, a child will be a child in need and a plan must be drawn up to identify the support and services that will be needed by the child and family to ensure that the return home is successful. That should take into account the child’s needs, the parenting capacity of those with parental responsibility and the wider context of family and environmental factors reflecting the child’s changed status. That would include how the parents can support the child to attend and do well at school and the virtual school head would be involved in those transitional arrangements.
Like other children who are disadvantaged, these children’s needs should be met by mainstream education services. Many will be eligible for additional educational entitlement such as free early education from the age of two and the pupil premium, which provides extra help and support through additional funding for early years settings and schools. Most importantly, these children will continue to have their birth parent or parents who, with the encouragement of schools, should play a full part in their child’s education.
Children who are looked after who cannot return to their birth parents face very different challenges. They are among the most vulnerable in our society because of the neglect and abuse suffered in their early years but also because they have to build new relationships and attachments with new carers. Leaving care through, for example, adoption means children have to start again to begin a new life with new parents or carers. We owe it to the child and the child’s new parents or carers to continue to provide support, whether in education by retaining access to the virtual school head or in other areas to give them the best chance of building a new life that is happy and fulfilling.
We must take care not to dilute the virtual school head’s role as the corporate parent for looked-after children in education to the extent that they are spread so thinly that they have little impact. Virtual school heads want to build their capacity to ensure that they can do justice to their role and ensure that every child under their wing gets the support they need through the pupil premium plus and the work of the virtual school head. I hope, on that basis, that the hon. Lady will not press her amendments.
Mrs Lewell-Buck
I welcome the Government amendments—something I hope to do again during the passage of the Bill. We welcome the fact that, when the Government see that the Bill is incomplete or that there are obvious or indefensible omissions, they take necessary steps to rectify them, and we will always support them in that. I hope that we will be able to support the Government at other points during the passage of the Bill.
Extending the provisions of clauses 4 and 5 to apply to children who were previously in state care outside England and Wales is a welcome move. I am sure that the Minister agrees with me that all children, whatever their background, who either need or are leaving care deserve the best opportunities available. Ensuring that those who were previously in care in other countries will receive some of the support outlined in the Bill is a good first step towards ensuring that all looked-after and previously looked-after children get the care that they need. I am sure that the Minister has seen that colleagues and I tabled a number of amendments to the Bill based on those principles, including amendments that would ensure that services provided were in keeping with the UN convention on the rights of the child, and that unaccompanied refugee children were given the support that they need.
Children and Social Work Bill [ Lords ] (Third sitting)
(Limited Text - Ministerial Extracts only)
Read Full debateThursday 15th December 2016
(8 years ago)
Public Bill CommitteesChildren and Social Work Act 2017 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 15 December 2016 - (15 Dec 2016)
The Committee divided: - Ayes: 8 / Noes: 5 - Question accordingly agreed to.
This text is a record of ministerial contributions to a debate held as part of the Children and Social Work Act 2017 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Minister for Vulnerable Children and Families (Edward Timpson)
It is a pleasure to serve under your chairmanship, Mrs Main. We are all sad that Mr Wilson is not with us today, but we all agree that you are a fantastic and exemplary replacement.
Clause 8 will expand the factors that courts must consider when deciding whether to make a care order in respect of a child, and it will ensure that consideration is given to the impact on a child of any harm they have suffered or may be likely to suffer; the child’s current and future needs, including any needs arising from that impact; and the way in which the long-term plan for the upbringing of the child will meet those needs. Those are all key considerations when courts are deciding whether to place a child in authority care and are considering all the permanence options available.
The family is, of course, the most important building block in a child’s life—every child deserves a loving, stable family—but it is important that we find children who cannot live with their birth parents permanent new homes without unnecessary delay. It is common knowledge that children who enter care are particularly vulnerable, often having experienced abuse, neglect and disruption—experiences that can have a significant detrimental effect. That means such children have additional needs now and later in life, something I know all too well from my own family.
Research confirms that these children need quality care and stability, in particular, in order to secure their future chances in life. However, there is concern that, at present, those factors are not always at the forefront of decision makers’ minds and, consequently, some children may be missing out on placements that would be right for them.
The Department’s review of special guardianship orders in December 2015 found that potentially risky placements were being accepted. For example, in some cases special guardianship orders were being awarded with a supervision order because of reservations about the guardian’s ability to care for the child in the long term. That was never the intention when the Children Act 1989 was introduced, so clause 8 seeks to ensure that courts also consider the individual needs of the child now and in the long term, particularly in light of any abuse or neglect that they have suffered, and assess how well the proposed placement will meet those needs.
By ensuring that information about children’s current and long-term needs is made available when key decisions are taken, we aim to ensure that the best placement option is pursued in every case—in other words, the placement that is most likely to meet a child’s needs throughout their childhood. Those working with children in this area support the clause. Andy Elvin, the chief executive of the Adolescent and Children’s Trust—TACT—the UK’s largest fostering and adoption charity, has said:
“All of this is eminently sensible. In practical terms it will raise the evidential bar for all care planning.
The biggest impact, rightly, will be on special guardianship order assessments. The logic of this is that these will have to move to be on a par with fostering assessments. The court is being asked to make a decision that will last not only the child’s minority, but impact the rest of their life.”
Dr Carol Homden, the chief executive of Coram, has said:
“Recent research shows that many people underestimate the significance of harm that all too many children experience before coming into care. Therefore, we particularly welcome that this Bill calls courts and local authorities to focus on the impact of any harm a child has previously suffered and their life-long future needs when making decisions about their care.”
These are clearly important measures that have the strong support of those outside the House.
Mrs Emma Lewell-Buck (South Shields) (Lab)
It is a pleasure to serve under your chairmanship, Mrs Main. The Opposition do not have a problem with the clause. In fact, when I first entered the House three years ago I questioned the Minister on SGOs, so I am pleased that he has now listened. In practice, I would routinely do this in care plans any way, and I think a lot of social workers do. We welcome the clause.
Question put and agreed to.
Clause 8 accordingly ordered to stand part of the Bill.
Clause 9
Adoption: duty to have regard to relationship with adopters
Question proposed, That the clause stand part of the Bill.
Mrs Lewell-Buck
If the Department had spent this much energy on social worker recruitment and retention and invested in family support and early-years help, we might not be where we are now, with the highest number of children in care since 1985.
The Professional Association for Children’s Guardians, Family Court Advisers and Independent Social Workers commented on the Department for Education’s adoption policy paper this year. It said:
“We note the Policy Paper does not address how to prevent children entering the care and adoption systems in the first place…We are concerned that despite the intention to ‘strengthen families’, no more is said on this point and that there is no discussion of support for disadvantaged families despite the worrying increase in the numbers of children subject to care proceedings.”
Edward Timpson
Will the hon. Lady accept that the adoption paper is about adoption, and that there is another Government paper—we have referred to it previously in Committee—called “Putting children first”, which deals with all children who are going through the care system? It is not unusual for a Government to put forward different policy papers that cover different policy areas.
Mrs Lewell-Buck
I completely agree, but if the Minister lets me continue with my point, he will see where I am going with this.
The professional association continues:
“The scale of reduced spending on early intervention in children’s services and the way this leads to greater costs elsewhere is well analysed”
in a number of reports.
“The key point…is that by significantly reducing early preventive work, more public money has to be spent on costly proceedings, foster care, mental health provision, adoption agencies and so forth, which potentially could be avoided by better focused spending at an earlier stage…We strongly warn against an ‘evangelical approach’ to adoption, whereby it is perceived as a good in itself. This perception is contrary to the majority view of European and western thought and jurisprudence, and it fails to appreciate it represents a serious and draconian step and a measure to be considered only ‘when nothing else will do’…We strongly advise against performance indicators that positively promote an increase in adoptions as these inevitably lead to a distortion of professional activity in favour of adoption at the expense of other choices”.
Mrs Lewell-Buck
Thank you, Mrs Main. I will of course sum up very quickly.
The damage caused by the adoption targets is not being considered in the Bill, but it must be. Evidence reported just this week by The Guardian shows that local authorities are using targets, sometimes combined with financial incentives. It is worth remembering that adoption is far cheaper for councils than foster placements, because once a child is adopted, they are off the council’s books for good. Adoption is also cheaper than providing services that might ensure that vulnerable parents can care for their children, but what of the money being saved? What about the lives of those destroyed by the separation?
The Bill is concerned in part with improving the situation of care leavers, which is important, but we make a mistake if we focus on their needs without considering why so many children are being taken into care and what we can do to reduce that. It cannot be right that we are talking about resources for corporate parents while saying nothing about resources for children and families who have been impoverished by austerity policies. The Government need to take a serious look at the patterns and trends in child protection, adoption and fostering, but instead they have continued on this damaging path of pro-adoption, and they are using a small clause in the Bill to strengthen that further. I hope the Minister will explain in his response why, despite evidence to the contrary, they are continuing on that path.
Edward Timpson
I am grateful to the hon. Lady for her contribution to the consideration of the clause. Mindful of the narrow nature of the clause, I say from the outset that the Government have always been clear that the right permanence option— whether that is adoption, special guardianship, kinship care, residential care or even long-term fostering—will always depend on a child’s individual needs and circumstances. As the law clearly states, the child’s welfare is the paramount consideration, and that is as it should be. That is why I have to say to her that it is a little depressing to see the same arguments and rhetoric on the Government’s plans for children in care, saying that we only have eyes for adoption. That is simply not borne out by the facts.
Edward Timpson
Perhaps the hon. Lady will let me explain. This Government introduced the first ever legal definition of long-term fostering; none existed previously. We brought in quality standards on residential care a number of years ago, and 79% of children’s care homes are now rated good or outstanding. The hon. Lady has already alluded to the work that we do with care leavers to make sure that during the period when they leave care they have much better support.
What we are trying to do with adoption, however, is tackle two issues, which Tony Blair tried to tackle in the late 1990s and early 2000s—not in the way he did it, which was by setting national targets, but by ensuring that when adoption is right for children they can be adopted and by making sure that when that happens it is without unnecessary delay. I do not think that anyone would argue it is acceptable for children to have to wait an average of 26 months from the time of entering care to move to an adoptive placement.
Those are the issues we have been tackling. What we are doing is not based on an ideological fantasy. We know from the research of Professor Julie Selwyn that adoption has a huge number of benefits for the children it is right for. It has the lowest breakdown rate of any permanent placement—about 3%, with special guardianship orders at about 6%. I have seen from my family the huge benefits that adoption can bring, but I have also seen from my family the huge benefits that long-term fostering can bring. I know from personal experience that each child will need to follow a different path.
What we are doing is not a mission to try to ensure that every child who comes into the care system ends up being adopted; we are trying to stay clearly focused on making sure that, where it is right for a child, that is exactly what happens. In the past couple of years, on the back of the Re B-S judgment, there has been a fall in the number of adoptions, not a rise. That is because we have to face up to the fact that there are still people who believe that adoption is not the right course of action for children. I am saying that we should not stand in the way in cases where it is right for them.
Mrs Lewell-Buck
Would the Minister share something with the Committee, to support his argument? His Department has made 20-plus changes to adoption since 2010; how many changes has he made to other areas of care, and what is the comparative cost? If adoption is not seen as the gold standard, surely other areas of care will have the same number of policy changes and the same spending.
Edward Timpson
I am afraid I disagree with the hon. Lady’s premise. It is not the number of things that are done, but whether the things that are done have a discernible impact of the kind that we want, and achieve the outcomes that we want to be able to celebrate. I do not accept that the amount of activity created is directly comparable to commitment or achievement of objectives.
I want to make it clear that local authorities’ decisions on the most appropriate permanency option are based on the child’s needs. That is what the law says. That is what the Bill does in making sure that those needs are given full and thorough attention when courts consider not just adoption but all permanent options. Clause 9 will ensure that courts and adoption agencies consider the relationship between a child and their prospective adopters when deciding about the adoption of a child in cases where the child is already placed with the prospective adopters.
That is an important point. It is not a matter of children who have no relationship with the prospective adopters, and have not met them or had time to get to know them. It is about those who are already placed, where there is already a relationship. The relationship between a prospective adopter and a child placed with them will clearly be a fundamentally important and relevant consideration when a court considers whether an adoption should be granted, because, ultimately, it is a court’s decision, based on the best interest of the child, and with their welfare as the paramount consideration.
In the past two years there have been a small number of cases in which decisions have been taken to remove children from settled adoptive placements in favour of alternative arrangements with relatives who have come forward at a late stage. That may have potentially serious implications for the child, given the disruption to the attachments the child is likely to have already formed with their carers. That needs to be taken into account when making that final decision.
Where the making of an adoption order is being considered, in most cases the child will already have been living with their prospective adopters for between six to 12 months. During that time, the prospective adopters and the child will have established a relationship, and the child may have built a significant attachment to their carers. I have met adopters who have told me just that. The Government believe it is important that that attachment should be considered in the balance when final decisions are made about a child’s adoption.
That is not to say that prospective adopters are prioritised over birth parents or other family members in those considerations. The existing legislation already makes it clear that the court is also required to consider the relationship that the child has with their relatives, including their mother and father, and the relationship they have with any other person the court considers relevant, such as close friends or wider family. That express and mandatory requirement is not changing, so there is no hierarchy here—just a fair, balanced consideration of each of the significant relationships a child has, based on their own needs.
I also point out that the court is required to consider the wishes and feelings of family members when making an adoption decision. In addition, the court must consider the value to the child of the continuing relationship with their relatives. That is already clearly set out in the Adoption and Children Act 2002, which was introduced by the last Labour Government, so relationships with the birth family and the child’s relatives are therefore central to the court’s considerations.
Steve McCabe
The Minister was talking earlier about the drop in the number of adoptions. One of the factors for that may have been that local authority departments misinterpreted the court rulings as advice to slow down the number of adoptions. They are easily influenced by such things. Is it the Minister’s intention to offer some guidance to local authorities in the terms he has just stated, so that it is absolutely clear to them what their responsibilities are and what the intentions of clause 9 are, and how that has to be weighed against all of the other considerations he has just referred to?
Edward Timpson
I am happy to look again at what the guidance might say and what might be appropriate to reflect the change in the law in this small area. The primary legislation that is relevant to these cases is clear. I am on the record, not only in this Committee but on previous occasions, making it clear that it has to be a decision based on that child’s needs, taking into account all of the usual factors set out in the welfare checklist and so on. I am happy to look at that. On that basis, I hope hon. Members feel reassured, and that the clause can stand part of the Bill.
Question put, That the clause stand part of the Bill.
Edward Timpson
Clause 11 seeks to retain the Government’s ability to intervene and drive improvement in combined authorities, in the same way that we do now in individual local authorities where children’s social care services are failing vulnerable young people. The motion to transfer this clause is a housekeeping part of the Bill and we propose that chapter 2 of part 1 of the Bill be divided into three shorter chapters with this provision appearing in the third. I move that the clause stand part of the Bill.
Question put and agreed to.
Clause 11 accordingly ordered to stand part of the Bill.
Ordered,
That clause 11 be transferred to the end of line 12 on page 22.—(Edward Timpson.)
This motion would facilitate the division of Chapter 2 of Part 1 into three shorter Chapters, to be entitled “safeguarding of children”, “children’s social care: different ways of working” and “other provision relating to children”. Transferring clause 11 would enable it to appear in the Chapter entitled “other provision relating to children”.
Clause 12
Child Safeguarding Practice Review Panel
Question proposed, That the clause stand part of the Bill.
Mrs Lewell-Buck
I hope to get some clarity from the Minister regarding the industry’s and the Opposition’s concerns about the clause and the introduction of the child safeguarding practice review panel. I will give a more specific analysis when we debate amendments to clause 13, but I will put them into the context of clause 12.
The British Association of Social Workers is worried about the independence of the child safeguarding practice review panel and the possibility that the Secretary of State could use the panel to hammer on local authorities that she would like to take over. There is widespread alarm in the sector that the warnings in the National Audit Office report, which we discussed in Tuesday’s sitting, are being ignored by the Department. Within recent weeks we have seen yet another Labour-led council being told to transfer its statutory duties to an independent trust. I hope that when the Minister responds he will point me toward evidence that trusts do better and can achieve what local authorities could not have done without support.
The clauses also allow for the creation of a national child safeguarding review panel that can choose to identify and review complex or nationally important child safeguarding cases and make recommendations. I completely understand the rationale for overhauling the local serious case review process, as there have been widespread inconsistencies in the quality of such reports. However, while local learning can be patchy and distorted by local political and inter-agency dynamics, local-led investigations also keep local agencies engaged and involved and enable local knowledge to inform the process and the recommendations. I hope the Minister will be able to explain how the local aspect will not be lost.
There are a few examples of independent expert boards set up by recent Secretaries of State and the Department for Education. In 2014, they created the innovation fund to promote new practice within children’s social care, with a board to oversee operations and to set strategic direction. It appointed three people with financial services and investment banking experience, plus the chief social worker for children, who we know sees herself no longer as the independent voice of the profession, but as a senior civil servant, yet she is the only person on the board with practical experience in children’s social care.
When the Government sought to promote and publish more serious case reviews in the same year, we saw yet another expert panel. The four members of the panel were a journalist, a barrister, an air traffic accident investigator and a former career civil servant who had been the chief executive of the Big Lottery Fund. No one on the panel had any front-line experience in child protection or its direct management. It appears that there is a worrying recurring tendency. I hope the Government will reflect, rethink and build relationships with those who know most about helping children. At the moment, it appears that the DFE sees little value in using the professional experience and expertise of those who work to assist and protect families. Can the Minister shed light on how many former or still registered social workers are in his Department? When the Government appoint experts to oversee and direct children’s services, they have consistently considered commercial and financial expertise more relevant than direct experience. That is why there is some wariness about the intention to set up expert panels to advise DFE.
It is also intended that the Department for Education will have control over who can be a social worker, whether they can continue to work, how they are educated and trained and who will provide this education. The current preference is for that to be provided outside universities by Frontline, a fast-track programme that is premised on moving practitioners as quickly as possible from practice into management and threatens the continuation of traditional university courses.
The other big part of the Bill, which was removed in the other place, will create a system of inconsistencies. Rather than innovative, that system might less generously be described as an increasingly threadbare safety net. Control of social work and social workers should be in the hands not of politicians but of the profession itself.
Edward Timpson
Clause 12 requires the Secretary of State to establish a child safeguarding practice review panel. The clause will add new section 16A to the Children Act 2004. The Government first announced their intention to centralise the serious case review process in December 2015. The background to their decision to legislate to introduce such a panel was set out in their response to Alan Wood’s review of the role and functions of local safeguarding children boards. I remind the Committee that Alan Wood is a former director of children’s services at Hackney. His review demonstrates that the Department is more than willing to ask people from the profession to advise and assist it in its decision making. The panel is being established in response to his recommendation that the Government should
“establish an independent body at national level to oversee a new national learning framework for inquiries into child deaths and cases where children have experienced serious harm.”
He suggested that the body that supported a centralised review process should be
“one that is independent of government and the key agencies, and operates in a transparent and objective fashion to ensure learning is the key element of all inquiries.”
The Government agree entirely with that recommendation.
I should add that we intend to establish the panel as an expert committee. I expect its chair’s appointment to be subject at least to a full, open Cabinet Office public appointments process. I envisage that panel members will come from various backgrounds, including social care, and have the relevant expertise and experience to fulfil the role. I expect the number of panel members to be sufficient to enable the panel’s effective operation, and the chair to be able to draw on the expertise that he or she considers necessary for effective decisions and recommendations to be made about cases.
The Secretary of State will be responsible for removing panel members if he or she is satisfied that they are no longer able to fulfil their duties, for example due to a long-term or serious health condition, or if they have behaved in a way that is incompatible with their role, such as by releasing confidential information that is provided to the panel or making use of such information for their own purposes. Those are usual conditions, and while such action is extremely unlikely to occur, it is right to make provision for the removal of panel members should the need arise.
The clause will also allow the Secretary of State to provide whatever assistance is required to enable the panel to carry out its functions, including staff and office facilities. The Secretary of State may pay remuneration or expenses to the chair and members of the panel, and make further arrangements to support the panel’s functioning, including, for example, the production of an annual report.
The establishment of a strong national panel is an essential component of the Government’s plans to develop better understanding of the factors leading up to serious cases, for the reasons that the hon. Member for South Shields set out, to inform policy and practice nationally, and to support local agencies in improving the quality of the services that they provide to vulnerable children and families. The new panel will be independent of the Government.
The hon. Lady quite rightly raised the need to ensure that local learning is not lost. To some extent, there are clear benefits in ensuring that we have a flexible approach, and I assure her that we will increase local flexibility at the same time as creating a national panel. Centralising review decisions will enable the new panel to identify national trends and issues that may benefit from a single national review. At the same time, the bulk of reviews will be local and will address cases that raise issues of local importance and relate to local safeguarding partnerships; that will increase local flexibility. We anticipate that the number of national reviews will be relatively small and the majority of reviews will take place locally. Most importantly, we must not just look at what happens when things go wrong but understand why and spread that understanding much better. I will go into more detail as we discuss clause 13 on how we will go about achieving that.
On that basis, I ask that the clause stand part of the Bill.
Question put and agreed to.
Clause 12 accordingly ordered to stand part of the Bill.
Clause 13
Functions of the Panel
Mrs Lewell-Buck
I beg to move amendment 36, in clause 13, page 11, line 9, leave out
“unless they consider it inappropriate to do so”.
This amendment would ensure that the Practice Review Panel publishes a report on the outcome of any review.
Mrs Lewell-Buck
Amendment 36 would ensure that the new child safeguarding practice review panel publishes a report on the outcomes of a review. The current wording of the Bill allows the panel to pick and choose the cases it deems necessary to review, but does not compel it to publish a report if it does not think it is appropriate.
It is not appropriate for a national board to weigh in on highly sensitive local cases and then refuse to publish its findings. If the new panel goes ahead, preferably with guaranteed independence from the Secretary of State, it must do so as transparently as possible. Child death and serious cases of abuse have to be treated very carefully, especially by a new national panel which will naturally be met with some suspicion by front-line practitioners in particular, who might expect the panel to act as yet another mechanism for publically blaming and shaming them when things go wrong. That is not a baseless fear; social workers have had to learn the hard way, with previous instances of central Government interference in local cases. I am certainly not opposed to rigorous national oversight of serious cases—the more we can review and learn lessons, the better it will be for vulnerable children—but if lessons and improvements are very much the purpose of the exercise, the panel must have a duty to publish its report in every case it takes on.
The Government’s reason for creating this new panel is that it will pick up on cases that have wider implications than just those for the local authority, while ensuring that local authorities do not repeat mistakes that might have led to a child death or serious abuse. I want to know how the Minister can ensure that the national or local interest can be served if the reports are kept under lock, in secret.
Subsection (5) of the clause compels the panel to publish any suggested improvements arising from its report, even if it does not think that the publication of the report is appropriate, but that does nothing to solve the problem because improvements suggested out of any context are unaccountable. Who will guarantee that the suggested improvements arise from evidence presented to the panel? Amendments to mitigate the involvement of the Secretary of State in the business of the panel offer some reassurance, but the fact remains that if the mistakes are not published, suggested improvements cannot be properly owned by the managers or front-line practitioners that need to implement them in the local authority in question and nationally.
Under the Bill as it stands, the panel could publish a list of improvements to front-line practice that would leave practitioners open to public blame without recourse to a public document that explains their role. If front-line practice is at fault, that too needs to be made clear. I look forward to the Minister’s comments.
Edward Timpson
I am grateful to the hon. Member for South Shields for the amendments and the important issues that she has raised. As I said a few minutes ago, the Wood review into the role and functions of local safeguarding children boards published earlier this year highlighted a number of long-term issues with the current system of serious case reviews, including reviews being of poor quality, taking too long to complete and failing to identify required improvements to front-line practice.
In response, the Bill establishes a new system of national and local child safeguarding practice reviews to help resolve those issues. National reviews will be undertaken by the child safeguarding practice review panel into cases identified as raising issues that are complex or of national importance that it considers it appropriate to review. Commissioning of local reviews will remain with local areas and will be carried out into cases where local safeguarding partners consider that there are issues of importance in relation to the local area and that a review should be carried out.
Amendments 36 and 37 relate to subsections (4) and (5), which set out the requirement on the child safeguarding practice review panel to publish reports unless it considers it inappropriate to do so. If, on rare occasions, it does consider publication inappropriate—for example, where publication might lead to risk or distress for children or adults involved in the case—the panel is required to consider what information it is able to publish about improvements to be made following the review. As in the current serious case review system, reports commissioned by the panel will need to be written from the outset with the presumption that they will be published, and reports should be written in such a way that publication will not be likely to harm the welfare of any children or other individuals involved in the case.
Steve McCabe
I just want to ask the Minister about a very simple point. I agree with what he is saying and I remember the occasion to which he referred. Given that part of the purpose of the measure is to improve learning and understanding, in cases where it is deemed inappropriate to publish the full report for the reasons he gave, will academic bodies have access to that information, or will they be excluded from access as well?
Edward Timpson
Will the hon. Gentleman confirm what he means by “information”?
Steve McCabe
When the full report will not be published for the reasons the Minister mentioned, will it be available to academic institutions? Will they be able to make full use of the full report or will they be denied access?
Edward Timpson
The report that will be published will be the redacted report, which will then be publicly available. We want to ensure that as much learning as possible can be extrapolated from that report. That is why we are setting up the What Works centre, which will be a repository for all serious case reviews. Practitioners and academics will be able to use the findings from those reviews to inform their own understanding and practice.
Mrs Lewell-Buck
I will not detain the Committee much longer on this point. I completely understand the Minister’s response that it is not always appropriate to publish such reports, but he did not comment on the fact that social workers are very anxious and scared that this might be used as another stick to beat them with. I hope that he will make some comments in the public domain or make some reference to that later in the Committee.
Edward Timpson
I am happy to repeat what I have said before: this is not a blame game. One problem that has arisen is that in the past, a serious case review, which is about learning from things that have gone wrong and having an open and honest discussion about how things can improve—an acceptance of failure—has turned into a finger-pointing exercise. That is not always in every case helpful in really getting to the bottom of what has gone wrong. We are absolutely not trying to turn the clock back to that type of approach. The aim is to have a very clear way to ensure that we learn and change the way in which we deliver practice for children, so that they are protected as much as possible.
Mrs Lewell-Buck
I thank the Minister. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Kate Green
It is a great pleasure to serve on the Committee with you in the Chair, Mrs Main. I want to reinforce what my hon. Friend said and ask a couple of questions.
I hope there has been a shift from the attitudes I have detected in the past few years. The Minister was right to emphasise that the best interests of children are the fundamental guiding principle that underpins the legislation, but in recent years I think the balance has moved to some degree towards a presumption in favour of contact. Indeed, at times that has been almost explicit in some of the language I have heard from some political and other figures. It would be really helpful if the Minister made clear again that the presumption for contact, if it exists, is very much secondary to what is in the best interests of the children.
Contact often is in the best interests of a child, but, as my hon. Friend pointed out, it is difficult to make that assumption when domestic abuse and violence have been present. Domestic abuse and violence cut across all social backgrounds, all economic backgrounds and all cultures and classes; the system needs to be aware of that. It should not be making assumptions that more articulate and authoritative men should in some way have their assertions taken at face value. I sometimes feel we see such examples in our own casework when particularly articulate cases have been made. Again, this is a good opportunity for the Minister to say how he envisages the panel will be able to spread good practice and awareness of such issues in responding to my hon. Friend.
My hon. Friend made a point about training professionals and mentioned in particular those in the family justice and family support system. In fact, a wide range of professionals who come into contact with children need to be alert to the signs of domestic abuse and violence. It would be interesting to hear from the Minister about how the safeguarding panel could help to spread that knowledge and awareness as widely as possible across a whole range of professional disciplines.
As my hon. Friend said, we do see forms of domestic abuse and violence well beyond the physical, such as coercive control and the undermining and humiliating of women in the family, through which a mother’s self-confidence and self-esteem can be whittled away. That needs to be recognised when making decisions about the best interests of the care of children and their relationship with both parents. If the Minister feels unable to accept the amendments, I hope he will say how he intends to shift the balance back to where I think we agree it must be, with the best interests of the child paramount in contact decisions. A presumption of contact is not the place to start, least of all when domestic abuse or violence is present or feared.
Edward Timpson
I am grateful to the hon. Member for South Shields for her amendments, which raise important, difficult and sensitive issues. She rightly made some insightful, wide-ranging points. I suspect that my response will not necessarily do justice to them all, but I will do my best.
One thing that the hon. Lady and I have in common is that we both have experience of dealing with these types of cases in the family courts and the children’s social care system. We have seen at first hand the extreme pressure on those who take part in those proceedings—particularly those who have been victims of domestic abuse, whether as children or adults.
I have been involved in many contact cases, injunctions, non-molestation orders, occupation orders and finding of fact hearings that have centred around the issue of domestic abuse. One thing that has always struck me is that, in some parts of society, there is the presumption that domestic violence happens only in certain homes, but it can happen anywhere and in any home. That is why, when we did a big national campaign to help people understand what the signs of abuse look like, which we hope to repeat in the new year, we made it clear that domestic violence is not the preserve of some communities; it happens in every community, class and walk of life.
We need to grasp more widely the culture change that the hon. Lady spoke about in relation to the family courts. We can have the best system, regulations and laws in place, but if beneath them there is a reluctance to engage with the reality of domestic violence—both its prevalence and the devastating impact it has on the victims—we are never going to be able to tackle it and prevent it from being a feature of so many people’s lives in the future. I fully echo many of the points that the hon. Lady made.
We need to work together collectively, both at a local level and nationally. Like many members of the Committee, I have been involved with my local Women’s Aid and other support groups, as well as with men who are victims of domestic violence, to understand the reasons behind it and what we can do, at every point where those people come into contact with the community around them, to support them. As the Minister for Vulnerable Children and Families, I want to ensure that we most protect children. They must never have to suffer the consequences of being involved in such violence or seeing it around them.
Maria Caulfield (Lewes) (Con)
The Minister is making some excellent points. Does not the argument of the hon. Member for Stretford and Urmston justify clause 12 and having a national panel? A wide range of professionals, not just those involved in individual cases, need to learn the lessons. The only way to do that is to have a national panel and to feed out the evidence so such cases and domestic violence are taken much more seriously.
Edward Timpson
My hon. Friend makes a good point. She re-emphasises the purpose behind having a more systematic and comprehensive way of pulling together that knowledge and understanding for cases involving an issue of national importance and relevance, such as domestic violence. That would give all practitioners, whether they work in social work, the health service, schools or the charitable sector, access to well-researched and practical advice about how they can respond better should they find a child or a family in those circumstances. I do not underestimate the scale of the challenge that we face in ensuring that we are doing all we can across society and across Government to meet the real need that is out there.
These important issues were debated in the House on 15 September in response to the publication of the Women’s Aid report entitled “Nineteen Child Homicides”, to which the hon. Member for South Shields referred. As the Under-Secretary of State for Justice, my hon. Friend the Member for Bracknell, made clear then, it is incumbent on all of us to consider whether more can be done to prevent such tragedies.
As the hon. Lady said, the Women’s Aid report graphically underlines the need to prioritise the child’s best interest in child contact cases involving domestic abuse and to ensure that the risks are properly considered. I am happy to remind the Committee of what I said earlier, which I hope reassures the hon. Member for Stretford and Urmston: the paramount consideration is always the welfare of the child in any case where they are relevant. That is the key principle that guides the decision making in any judgment made by any court.
My concern about the amendment is that it risks giving the impression that reviews undertaken by the panel could stray into matters that are properly for the independent judiciary. Given previous comments about the need for the panel to be independent, I also think there is a risk of highlighting one particular matter to the exclusion of all others. As I said earlier, the law is clear: the family court’s overriding duty is the welfare of the child. Decisions about child contact are made by the court, based on all of the evidence, and with the child’s welfare as the court’s paramount consideration. It would be constitutionally improper for the panel, as an administrative body, to seek to review such judicial decisions.
Kate Green
I understand the Minister’s point about the independence of the judiciary. However, it will be difficult for the reports and reviews conducted to be meaningful if they cannot, in some way, take account of the effect of the decision-making process. How does the Minister see that tension being resolved? Does he envisage that any report by the panel would be unable to say anything about court decisions?
Edward Timpson
If the hon. Lady was to look at any serious case review now, she would see a clear timeline setting out the facts of the case that stated what the decisions were and what lay behind them. It is up to the panel members to call those who have been part of that particular case to come forward with their evidence, in order to inform that report—subject to any medical reason that would preclude them from assisting. The purpose of the clause is to make sure that we get as full and frank disclosure within the report as possible, to inform both the panel’s recommendations and the subsequent learning that we want to spread across the system.
The hon. Member for South Shields referred to practice direction 12J, which covers child arrangements and domestic violence and harm. It is judicial guidance to the family court on how to deal with allegations of domestic violence or abuse, and is issued by the president of the family division, with the agreement of Ministers and in accordance with process provided for by the Constitutional Reform Act 2005.
The explicit reference in a statute to such a practice direction, which the amendment would introduce, assumes a specific content for the direction. However, practice directions being made in the way I have outlined are open to amendment, revocation or replacement by further directions, so the hon. Lady’s amendment would aim at what is likely to be a moving target. It is worth noting, in this regard, that the president of the family division has already asked a senior High Court judge to review the operation of practice direction 12J in the light of some of the concerns raised by Women’s Aid. I am happy to share any further information I can glean from the Ministry of Justice and my colleagues in that Department with the hon. Lady.
Finally, I turn to amendment 42. It seeks to add to the circumstances set out in subsection 1 of clause 14, under which a local authority must make a notification to the child safeguarding practice review panel. As in my response to the previous amendment, I recognise the concerns about domestic violence and the risks that can be posed to both children and adults by potentially unsafe contact arrangements. The hon. Lady is right to highlight the risks to a particularly vulnerable group of children. Great consideration was given to defining the circumstances under which a local authority must notify the panel in order to come up with the criteria as currently set out in the Bill.
Inevitably, any such definitions cannot be exhaustive, include all circumstances or cover all settings in which children might suffer injury or harm. However, the intention has always been that all cases in which a local authority knows or suspects abuse or neglect, including cases in which factors such as those outlined by the hon. Lady are a feature, must be notified to the panel under the general duty to notify cases of death or serious harm.
With that explanation, and following the helpful debate that explored some of the wider issues around the subject—I am sure we will all want to return to that at a later date, if not in the Committee, then in the House—I hope that the hon. Lady will withdraw her amendment.
Mrs Lewell-Buck
I thank the Minister for his response. Like me, because of personal experience he totally understands the complexity of contact between children and parents through the courts. I appreciate that this matter may need discussion with his colleague at the Ministry of Justice. I hope he will commit to that and report back to us.
The reality is that the wrong decisions are being made, and those decisions are costing lives—the lives of children and women. In this place, we should and can always do more. I hope he will give us an update in the near future on what the Government are doing in this area. On that basis, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Mrs Lewell-Buck
I beg to move amendment 35, in clause 13, page 11, line 31, leave out subsection (8).
This amendment would remove the role of the Secretary of State with regards to giving guidance on serious child safeguarding cases to be reviewed, therefore ensuring the local authority’s independence for this process.
We believe it is inappropriate for the Secretary of State to provide any guidance as to which serious cases are to be reviewed by the panel. Policy makers cannot be policy enforcers. There has to be a separation of the two to guard against policy being used to target specific local authorities. The panel will need to tread carefully in order to be seen as a constructive ally and critical friend of children’s services, and therefore political neutrality is vital.
It will be impossible for the panel to make a credible claim of political neutrality if the Secretary of State is able to choose which serious cases are subject to review. For the same reasons, the Secretary of State cannot be seen to interfere in reviews that are under way either by deciding whether a review is making adequate progress or by rubber-stamping reports as being of adequate quality. If the Department wanted to consider an annual audit of all reviews to ascertain quality and function, that would be another matter, but on a case-by-case basis this involvement of the Secretary of State cannot reasonably be deemed acceptable, and I hope the Minister agrees that it could well hinder the efficient working of the panel.
Edward Timpson
Once again, I am grateful to the hon. Lady for her amendment, which seeks to remove clause 13(8), which enables the Secretary of State to give guidance to the panel on the circumstances in which it may be appropriate for a national child safeguarding practice review to be undertaken by the panel. I assure hon. Members that any such guidance will not undermine the panel’s independence. The Secretary of State will not be able to direct the panel to carry out a review, and the panel will have sole responsibility for deciding which cases it should review, determining whom it appoints to carry out the review and the publication of the final report.
Subsection (8) also states the Secretary of State’s ability to set out in guidance matters to be taken into account when considering whether a review is being progressed to a satisfactory timescale and is of satisfactory quality. Earlier, the hon. Lady quite rightly raised, as did I, the two issues of the variable quality of serious case reviews and the length of time many were taking before being published. There are sometimes legitimate reasons for cases not being published in a shorter timescale—for example, because there are ongoing criminal proceedings. However, there are still some unacceptable delays in publication.
We want to ensure the two aspects of the current system that have not been functioning well are kept closely under review, so that we have a better functioning system. As I set out earlier, we are committed to addressing the apparent weaknesses in the current system of serious case reviews, including the poor quality of final reports and the length of time it takes to complete and publish reports. This guidance will help the panel to avoid the deficiencies in the current arrangements, but it will not undermine the panel’s decision-making processes.
Stella Creasy
The Minister is talking about the length of time cases can take. Will he say a little more about how he thinks the clause will change that?
Edward Timpson
I am grateful to the hon. Lady for probing that point. The current panel does not have any direct power to force a publication to be completed within a period. So we are left in a situation where there is an attempt to nudge and cajole but ultimately no ability to sanction a specific end date for a report to be published.
There are circumstances in which not months but years go by before we get the learning out of a case. In some local areas, and now at national level, we may need to know much more quickly if we are to make sure that other children will not fall through the net as a consequence of similar basic practice failures that result from not publishing a report that shows where things went wrong.
The new process will permit a closer, robust way of preventing unnecessary delay in publication; clearly, we want the quality of reports to be maintained, but we want them to be produced in a timely way, so that lessons can be learned as soon as possible. I hope that that explanation reassures the Committee about the Government’s intentions.
Stella Creasy
Forgive me, but it would be helpful if the Minister would clarify what he means by “closer” and “robust”. He has made a powerful case and I think that we would all agree that the length of time taken can be a problem. I am not clear from what he said how he thinks it will be resolved—what the close and robust process will be. How will it be different?
Edward Timpson
First, it will be set out in the guidance that accompanies the Bill, so for the first time there will be a clear mechanism with a trigger for a report to be published by a certain date. That does not currently apply and at the moment there can be a drift, without any way to try to bring the process to an end.
The detail will be in the guidance. I am happy to provide the hon. Lady with a draft as we continue to develop it, but the underlying principle remains the same—to get a way of avoiding unnecessary delay in the publication of reports, so we can get the learning out there into the working environment as soon as possible. On that basis I ask the hon. Member for South Shields to withdraw the amendment.
Mrs Lewell-Buck
I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 13 ordered to stand part of the Bill.
Clauses 14 and 15 ordered to stand part of the Bill.
The Lord Commissioner of Her Majesty's Treasury (Mr Robert Syms)
Yes.
Clause 16
Local arrangements for safeguarding and promoting welfare of children
Stella Creasy
I beg to move amendment 16, in clause 16, page 13, line 11, at end insert
“, including unaccompanied refugee children once placed in the area, and unaccompanied refugee children who have been identified for resettlement in the area.”
Children and Social Work Bill [ Lords ] (Fourth sitting)
(Limited Text - Ministerial Extracts only)
Read Full debateThursday 15th December 2016
(8 years ago)
Public Bill CommitteesChildren and Social Work Act 2017 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 15 December 2016 - (15 Dec 2016)
The Committee divided: - Ayes: 6 / Noes: 8 - Question accordingly negatived.
The Committee divided: - Ayes: 6 / Noes: 8 - Question accordingly negatived.
This text is a record of ministerial contributions to a debate held as part of the Children and Social Work Act 2017 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Stella Creasy
Yes. I appreciate that we cannot have pieces of paper, but it might be useful for the Chair to look at the eligibility criteria, which explicitly say:
“General criteria for eligibility under section 67 of the Immigration Act 2016 for children in Calais”.
I am sure that the Minister would like to confirm that his 1 November statement was explicitly about children who had been identified for resettlement, and that includes these children. That is exactly why I am concerned about those criteria; I believe they actually undermine the commitment to safeguarding that the Minister made on 1 November and is the subject of the Bill. I do not know whether the Minister would like to clarify that so the Chair is satisfied. We are talking about children who have been identified in France. I will happily give way to him, because the Chair seems concerned about this matter—[Interruption.] I will take that as assent.
The Minister for Vulnerable Children and Families (Edward Timpson)
No, it is not. I have not said anything—
The Chair
Order. This is a slightly combative approach. The hon. Lady has done this a lot. May I gently remind her that the Minister did not wish to take her up on that invitation? It is not for her to interpret the Minister’s response.
Mrs Emma Lewell-Buck (South Shields) (Lab)
It is a pleasure to support the amendment. Amendments 16 and 17 will ensure that safeguarding partners safeguard and promote the welfare of unaccompanied refugee children, and that any guidance given by the Secretary of State must be developed in accordance with the United Nations convention on the rights of the child. They will help to protect the rights of some of the most vulnerable and unprotected children.
Every child, whatever their circumstances and background, deserves the support that they need to get a good start in life, and to succeed in their education and in life. I am sure that the Minister agrees, in view of the corporate parenting principles in the Bill. However, we have too often failed in that obligation to unaccompanied refugee children, as my hon. Friend the Member for Walthamstow outlined.
Unaccompanied refugee children are perhaps the most vulnerable young people in society. They have fled humanitarian disasters, wars, and horrors that none of us could begin to imagine. If they arrive in this country we have a moral duty to ensure that they receive the support they need; otherwise there is a risk that they will fall through the cracks and face a danger of being exploited. They have fled from terrible things and we must do all that we can to ensure that they get a better life here. That is no less than any of us would want for a child of our own. By ensuring that safeguarding partners have regard to unaccompanied refugee children, amendment 16 will go some way to ensuring that we rise to our moral duty. I am honoured to support my hon. Friend the Member for Walthamstow.
I hope that the Minister and his colleagues will lend their support to amendment 17. After all, I cannot imagine that they would object to any of the rights set out in the convention on the rights of the child. If they will not support the amendment, perhaps they will explain which of those rights they believe should not be extended to every child in the country.
I gently remind the Minister that the UN Committee on the Rights of the Child published its findings on the Government’s compliance this year, and they are failing in many areas. Accepting the amendments would go some way towards repairing that terrible record.
Edward Timpson
I am grateful to hon. Members for the amendments, which I recognise seek to ensure the best interests of this very vulnerable group of children, and I assure the Committee that I appreciate the good will and passion that sits behind them.
I turn first to amendment 16. Under section 16E of the Children Act 2004, which will be inserted by clause 16, safeguarding partners will be required to make arrangements for themselves and any relevant agencies that they consider appropriate to work together for the purpose of safeguarding and promoting the welfare of all children in the local area. I assure hon. Members that, when making those arrangements, safeguarding partners will be required to take account of the needs of unaccompanied refugee children. That will be the case even in areas where the numbers of such children are small.
In addition, we have also announced our plans to publish a safeguarding strategy for that particular group of children by 1 May 2017, as called for by Lord Dubs in the other place. The Government strategy will seek to ensure the utmost protection for unaccompanied, asylum-seeking and refugee children in this country, as well as those who are being transferred here from Europe, whether they are reunited with family members or become looked after by a local authority.
As part of the strategy, we will set out plans to increase foster care capacity for those looked after children, and will consider what further action can be taken to prevent them from going missing. We will also review what information is communicated to those children about their rights and entitlements; revise statutory guidance for local authorities on how to support and care for them; and regularly review the level of funding provided to local authorities for the care and support of unaccompanied asylum-seeking children. As this point was raised earlier in the debate, let me say that local authorities were asked to submit their costs of caring for that group. Current funding is higher than 50% of local authorities’ costs, and we will keep that under review to ensure that their needs are being met. Those commitments are already being progressed in consultation with others, including local authorities and non-governmental organisations.
The safeguarding responsibility for those children who have been identified for transfer but are yet to arrive lies with the member state where the children currently reside, not the local authority in which they will ultimately reside. We have supported the French in their efforts to move all children from the Calais camp to safe alternative accommodation across France. While they remain in France, their welfare and safety is a matter for the French authorities.
Since the Home Secretary’s statement to Parliament in October, when the French operation to clear the Calais camp started, teams of specialist staff have been working in France, in close liaison with the French authorities, to ensure that children eligible to come to the UK continue to be transferred as quickly as possible. We continue to work in partnership with the French authorities to transfer children to the UK with close family here—who qualify under the Dublin regulation—and those children who meet the criteria of section 67 of the Immigration Act 2016. To date, around 200 children have been brought to this country under such arrangements. I can tell the hon. Member for Walthamstow that more eligible children will be transferred from Europe, in line with the terms of the Immigration Act, and we will continue to meet our obligations under Dublin II. We will announce the number of children to be transferred to the UK under the terms of the Immigration Act in due course.
I think it is worth making it explicit to the Committee that the guidance of 8 November applies only to the Calais operation, which is now complete, but that the Dubs process has not ended. More eligible children will be transferred, and I know the Home Office will make a further announcement on how that process will take place. I will undertake to make sure that all of the points raised by the hon. Member for Walthamstow in this debate and on Second Reading are made clear to the Home Office and the Ministers there, so that they are fully aware of those issues as they develop the next iteration of that process. The hon. Lady has undertaken stoic work in trying to make sure that all of those points are understood.
On amendment 17, the Government are committed to children’s rights, and we are determined to safeguard and promote the welfare of all children—including unaccompanied refugee children. We are equally committed to giving due consideration to the United Nations convention on the rights of the child when making new policies and legislation, and when developing guidance for local agencies. In fact, another written ministerial statement that I laid before Parliament—I have had a habit of creating them in recent weeks—set out our commitment to do so right across Government, making sure that every Department is playing its part. I know that the permanent secretary in my Department is speaking with his counterparts in every other Department to ensure that that is followed through within the civil service.
One of the commitments in our safeguarding strategy will be to publish a revised version of the statutory guidance for local authorities on the care of unaccompanied and trafficked children. The guidance we have is good, but it needs updating to reflect the new circumstances that we find ourselves in as well as the diverse nature of the group of children that we are talking about to ensure that local authorities are aware of the duties they must undertake to support and promote the best interests of these children.
Edward Timpson
I am grateful to my hon. Friend for his support for the approach we have taken. There is some commonality that goes back to the heart of many of the debates we have had during the passage of the Bill. Irrespective of which side of the House we are on, there is a clear desire to see a system—whether a safeguarding system or a health system—based on need. If we can get that right and not try to differentiate on children or children’s rights but work to strengthen those rights further and reflect them through the UNCRC, we should do that to underpin those principles in the work we carry out.
I am happy to reiterate the commitment that Lord Nash made in the other place: we will ensure that the review of “Working together” looks again at the underpinning principles and how they can be further strengthened to reflect children’s rights as reflected in the UNCRC. We believe that the forthcoming safeguarding strategy for unaccompanied and refugee children and the robust safeguarding arrangements proposed in the Bill for all children are the best approach to safeguarding and promoting the welfare of these vulnerable children.
These are difficult issues, and everyone is working hard to try to do the best that they can for these children, who are extremely exposed and vulnerable. There are often heartbreaking situations that we wish we could do all we were able to do to prevent, but we think we have a good, strong system in place, and we will keep that under close review. The hon. Lady has heard from me today that the Home Office is considering how we move on to the next stage, post-Calais, to ensure that we capture the children who have a genuine refugee status recognised through the international convention, concentrating our efforts on helping them to seek refuge in the UK.
Stella Creasy
I agree with the Minister; I think there is common ground. However, the case he is making is for the guidance that the Home Office has issued to date not to be compatible with the principles he is setting out. Does he think it is right to put nationality or age ahead of need, as that guidance does? If he does not, we need to understand what he will do to protect children in Europe who we have identified for resettlement from such discrimination in future.
Edward Timpson
I would say two things. On a factual point, the guidance that has been the subject of discussion is, as I said, in relation to Calais only. Therefore, as regards where we go on the further decisions to be made for children who have come to the UK under refugee status, it is no longer valid. There is however still a point at which the current guidance is relevant, which is in how it is constructed. We can only base decisions on which children to bring over if they meet the definition of a refugee set out by the 1951 refugee convention. We cannot bring over children who do not have that status because they will not qualify for local authority support or accommodation. They must have a realistic prospect of meeting that definition.
Our criteria are intended to ensure that we focus on the most vulnerable, by virtue of age or because they are assessed as at high risk of sexual exploitation, and the youngest of the children most likely to qualify for refugee status. We are considering those nationalities with an initial asylum grant rate of 75% or higher in the year ending June 2016. We have said we will focus on those nationalities most likely to qualify for refugee status in the UK.
If they do not have refugee status, they will not be able to come to the UK and receive the support that we all want to give them. That criterion is not in conflict with the best-interest criterion. The criterion is designed to identify refugee children and bring them here where it is in their best interest.
It is not in their best interest to come to the UK if there is no local authority place or if they are returned at 18 as they do not meet the criteria to be a refugee. We have to set some criteria that reflect that situation, which is actually defined by international law, and we believe we have that balance right.
Stella Creasy
The guidance is explicit about a first preliminary stage that excludes on the basis of nationality, ahead of the best-interest assessment. That is not what the Minister is saying, but the guidance is explicit. That is why Eritrean children, for whom 87% of appeals for refugee status are successful, are explicitly cut out by this guidance. Does the Minister believe that that accords with the conventions that he wants to apply to safeguarding? It is a two-step process and the first step excludes children who would qualify under the second step.
Edward Timpson
I did fear at the beginning of this debate that, although we would have some agreement, there would ultimately be disagreement because the Government’s position is clearly set out in the guidance and the safeguarding strategy. Focusing on those most likely to qualify for refugee status is not just the UK’s approach. It reflects the approach taken across Europe, for example, under the EU’s relocation programme to transfer asylum seekers from Greece and Italy to other European countries. It is right to give priority to those likely to qualify for refugee status, as well as the most vulnerable, regardless of their nationality.
The hon. Lady mentioned Eritrea. Without straying too far from the clause and the amendment, we look across the world and see all sorts of war-torn areas and countries going through instability and devastation and we need to ensure that we do what we can to respond. However, we have to look at those countries with a greater likelihood of eligibility for refugee status. The truth is that Sudanese and Syrian refugees are more likely to be eligible than those from other countries. We must have a system in place to provide identification to ensure that we have refugee status clearly defined. We will have a greater prospect of ensuring that they meet the criteria and, therefore, that we will be able to help them in this country.
As I said, we have moved on from the Calais operation. We still have our commitments under the Dubs amendment and we will continue to work hard to identify those children who are the most vulnerable and who also qualify under the internationally recognised definition of a refugee. I know that it is hard; these are not easy decisions. We must do all we can to bring about the best possible outcome for those children but we must also be realistic about how we define that in a way that makes it practically possible for us to help them and ensure they do not fall foul of the law and end up not getting the support that they need. On that basis, I hope hon. Members are sufficiently reassured to withdraw the amendment.
Edward Timpson
The hon. Member for Lewes shakes her head. Perhaps she needs to explain to people why she does not think young Eritrean people are worthy of that kind of protection. The problem with what the Minister says is that there are 1,000 children facing a very uncertain future in France right now, and we have a responsibility. We made that commitment to them.
Question put, That the amendment be made.
Steve McCabe (Birmingham, Selly Oak) (Lab)
On a point of order, Mrs Main. I want to raise very briefly one additional point about clause 16 that is not related to child refugees.
The Chair
We are about to consider it. The hon. Gentleman may make his remarks in the clause stand part debate.
Mr Robert Syms (Poole) (Con)
We want to hear them.
Question proposed, That the clause stand part of the Bill.
Steve McCabe
It is always great when someone clarifies the situation. I am grateful, Mrs Main.
I notice that clause 16 specifies the partners for the local safeguarding arrangements as being the local authority, the police and the clinical commissioning group. Will the Minister briefly say why the clause limits it to those partners? Did he consider a role for education? If so, why did he decide not to pursue that? I realise that the partners are entitled to bring in other people they regard as appropriate, but I wonder what the reasoning is for limiting the specified partners to the local authority, the police and the clinical commissioning group.
Edward Timpson
I am happy to clarify that. The hon. Gentleman is right to say that the list is not limited to those three core members, as the legislation allows for other agencies to be involved in those arrangements.
As I said earlier, we asked Alan Wood to do an independent review of local safeguarding arrangements, and his recommendation was that three core agencies—the police, the local authority and the clinical commissioning group, on behalf of the health service—needed to be at the centre of that body and that decision-making process, as they envelope a large proportion of the contact children have with safeguarding services.
The hon. Gentleman is right to say that the education arena has clear reasons to be involved in those arrangements. I would be surprised if it was not, bearing in mind the role it has through “Keeping children safe in education” guidance and needing to have a safeguarding officer within schools. The education arena needs to be involved and subsumed into wider safeguarding discussions, to ensure the overall strategy is effective. However, the main reason for giving those three core agencies statutory responsibility for safeguarding in their local area is that we accepted the recommendation and rationale from Alan Wood.
Question put and agreed to.
Clause 16 accordingly ordered to stand part of the Bill.
Clause 17
Local child safeguarding practice reviews
Mrs Lewell-Buck
I beg to move amendment 40, in clause 17, page 14, line 12, leave out subsection (6).
This amendment would remove the role of the Secretary of State in determining certain arrangements for the working practices of safeguarding partners, ensuring that they remain locally accountable.
The spirit of the amendment is much the same as that of previous amendments concerning the child safeguarding practice review panel. It relates to unacceptable levels of involvement by the Secretary of State, this time in local child safeguarding reviews. Improvements in local safeguarding reviews are much needed.
There is huge variability in the quality and usefulness of serious case reviews, and there are questions about the suitability of board members and their closeness to those who might have a role in a serious case being scrutinised. However, the fact remains that a top-down approach whereby the Secretary of State advises each local authority—familiarity with which he or she cannot possibly be expected to have—about the criteria being taken into account, the choice of reviewers and, in particular, the content of the review cannot be either wise or a productive use of the DFE’s time or the local board’s time.
If serious case reviews are to have the desired effect of improving practice and procedure in response to tragedies, it is crucial that the review be locally accountable and locally owned. The purpose should be for those involved to reflect on possible mistakes and propose ways in which they can improve. Will the Minister explain why the Government feel there is a need for the Secretary of State to have such heavy involvement in these issues?
Edward Timpson
Once again, I am grateful to the hon. Lady for the amendment. Clause 17 sets out the requirement on safeguarding partners for a local authority area to identify and, where appropriate, carry out local child safeguarding practice reviews. Subsection (6) of proposed section 16F of the Children Act 2004, inserted by clause 17, sets out a list of provisions on which the Secretary of State may make regulations in order to assist local safeguarding partners to identify appropriate cases and carry out reviews where they consider appropriate, as set out in subsection (1).
It is important that the Secretary of State has the power to make regulations to help safeguarding partners in the process of local reviews. Subsection (6)(a) will enable the setting of criteria to be taken into account by the safeguarding partners in determining which cases raise issues of importance in relation to the area. That will not remove or reduce the local accountability of the safeguarding partners to make decisions. It will promote a more even and balanced consideration of the issues across the country, so that we get consistency.
The safeguarding partners will be responsible for appointing the reviewer for each review they commission. They will also be responsible for removing the reviewer if need be. Subsection (6)(b) will enable the regulations to provide for reviewers to be appointed from a list provided by the Secretary of State.
Mrs Lewell-Buck
Can the Secretary of State then override the local decisions?
Edward Timpson
No.
If such a list was provided, safeguarding partners would still be accountable for decisions taken on whom to appoint, taking into account the experience of the reviewer concerned and their independence from the local area, among other factors. The aim of a list will be to improve the overall quality of reviews, given that many have acknowledged that as being deficient in the current serious case review system, as have Members on both sides of the Committee today.
Subsection (6)(c) allows for regulations to specify when a report should be provided to the Secretary of State or the child safeguarding practice review panel and published. In receiving copies of all local reviews, the panel would be in an ideal position to review both the quality and timeliness of reports and the learning that emerges from them. Regulations would enable timescales to be set for that process.
Subsection (6)(d) refers to the procedure for a review, which may include the establishment of terms of reference. Finally, subsection (6)(e) allows regulations to make provision about the form and content of the reports. It should be noted that such provisions would not be unduly prescriptive as they would be entirely about promoting the overall quality of reviews.
I want to reassure hon. Members that, in making regulations, we will consult on their content widely before bringing them before Parliament, which will give the hon. Lady an opportunity to scrutinise them in more detail. Indeed, we have already begun to talk to a range of interested parties about some of these important issues. I hope that, with those clarifications, the hon. Lady feels able to withdraw her amendment.
Mrs Lewell-Buck
I do feel able, thank you, so I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 17 ordered to stand part of the Bill.
Clauses 18 to 21 ordered to stand part of the Bill.
Clause 22
Guidance by Secretary of State
Amendment proposed: 17, in clause 22, page 17, line 5, at end insert—
“(3) Guidance given by the Secretary of State in connection with functions conferred by section 16E in relation to unaccompanied refugee children must be developed in accordance with the 1989 Convention on the Rights of the Child.”—(Stella Creasy.)
Question put, That the amendment be made.
Marion Fellows (Motherwell and Wishaw) (SNP)
I apologise for my earlier error, Mrs Main.
The Scottish Government acknowledge and respect the need for whistleblowing and believe that procedures should be in place across the public and private sectors to support staff in raising any concerns in order to ensure that people can work in a safe and secure environment. Without whistleblowers, serious concerns may take longer to be noticed and rectified. Any proposals that strengthen whistleblowing procedures and help protect employees and service users across the public sector are welcome.
Robust whistleblowing procedures are in place across Scotland, including in our NHS, but the Scottish Government and the SNP support further reforms to protect and embed an honest and open reporting culture in which all staff have the confidence to speak up without fear and in the knowledge that any genuine concern will be treated seriously and investigated properly. All children and young people have the right to be cared for and protected from harm. The amendment will help with that and we support it.
Edward Timpson
As we have heard, the clause provides the Secretary of State with the power to make regulations to prohibit relevant employers who carry out children’s social care functions from discriminating against those applying for roles in the children’s social care sector on the basis that it appears to the employer that the applicant has made a protected disclosure. This includes when the employer refuses the application or in some other way treats the applicant less favourably than it treats others for the same application. I am pleased that we were able to work so productively with Lord Wills in the other place over the summer to produce these important protections.
For the benefit of the hon. Member for South Shields, let me clarify that social workers employed in the NHS are already covered by the 2006 provisions and will be captured in the relevant regulations, with the consultation due in the new year. That is another consultation that I suspect she will want to keep a close eye on, and to which she might wish to contribute.
The Government are clear that those working with the most vulnerable must be able to report their concerns. They deserve effective protection when they make a protected disclosure. Workers with such concerns can already make a disclosure to their employer or the prescribed bodies for child protection and wellbeing social workers. We agreed with Lord Wills’s proposals that, in addition, we should protect those seeking employment with specified bodies in roles relating to local authorities’ children’s social care functions. We are delighted to have worked with him to produce a suitable amendment.
Mrs Lewell-Buck
I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 31 ordered to stand part of the Bill.
Clause 32
Chapter 2: consequential amendments
Question proposed, That the clause stand part of the Bill.
The Chair
With this it will be convenient to discuss Government motion to transfer clause 32 to the end of line 39 on page 19.
Edward Timpson
I will be brief. The clause introduces a second set of consequential changes to legislation contained in schedule 1 to the Bill and relating to the provisions in chapter 2. The motion to transfer is another administrative exercise to tidy up this chapter into three smaller chapters.
Question put and agreed to.
Clause 32 accordingly ordered to stand part of the Bill.
Ordered,
That clause 32 be transferred to the end of line 39 on page 19.—(Edward Timpson.)
The consequential amendments introduced by clause 32 are in Part 2 of Schedule 1. They replace or remove references to Local Safeguarding Children Boards (abolished by clause 30). Transferring clause 32 would enable it to appear in the new Chapter relating to the safeguarding of children (see the explanatory statement for the motion to transfer clause 11).
Schedule 1 agreed to.
Clause 33
Social Work England
Question proposed, That the clause stand part of the Bill.
Mrs Lewell-Buck
Regulation clauses in part 2 of the Bill deal with the establishment of a new regulator for both children’s and adults’ social work across all specialisms. It will be called Social Work England. The Department for Education and the Department of Health, without any prior consultation or dialogue with the social work profession, propose to end regulation by the Health and Social Care Professionals Council and to replace it with an inevitably much more costly bespoke regulatory system.
In recent years there has been a lot of flux in relation to social work regulation. There was the General Social Care Council, the college and then the Health and Care Professionals Council, and now we will have Social Work England. I hope that the Minister will confirm that this ever-changing landscape is going to cease and that we will not be debating another regulator in another year or so, because all that this change does is create constant disruption in the profession.
Mrs Lewell-Buck
I appreciate that.
Even with the amendments to the clause, the original proposition was outrageous. It has left a bad taste in the mouths of many in the sector, and distrust and scepticism behind the whole idea of the new regulator. What assurances can the Minister give that will ensure that social work regulation has the appropriate autonomy and distance from prevailing Government policy, and that it focuses on public protection, which is the proper priority of regulation? Will he tell us why social work is always treated differently from other health and social care professions?
Regulation of all professions should focus on assuring fitness to practise and public protection. All other professions are regulated to ensure consistent and safe practice. That arrangement provides continuity through the changes that inevitably come from successive policy developments under different Governments. Given that there is little cross-party consensus on children’s social care policy at the moment, and that subsequent Governments could take a different path, this is particularly worrying.
Although the amended proposals for a non-departmental public body regulatory body suggest more independence than was first proposed, a NDPB can mean a wide range of governance and independence options. We are challenging the detail of current proposals that intend for the Government to directly appoint the leadership of the organisation. We expect that the key roles of chair and chief executive officer, as well as the board, will be appointed without political control of process and decision making. Current Government proposals mean that the Secretary of State for Education controls those appointments.
It would be better for regulatory standards to be set out through a profession-led process. The British Association of Social Workers and its partners should drive that; BASW has always supported and campaigned for regulation to ensure high standards and to protect the public. If independence from Government control is not instituted in these new arrangements, that will detract from the profession developing its own standards and setting capabilities and a culture of responsibility for excellence at every single level.
We are also concerned that the proposals risk fostering resistance to regulation and might lead to social workers choosing to deregister if a new regulator focuses on delivering current Government policy and sets requirements for registration that inappropriately narrow down the options for how social workers can demonstrate their fitness to practise. That risk is exacerbated by the probability of significantly increased fees for social workers from an expensive and bespoke regulator. There has recently been a decline in the number of social workers being trained. There is a further risk of decline with proposed changes to training bursaries disincentivising good candidates from the profession. Problems in retention persist. The profession and our public services cannot withstand the further risk of a drain of talent and capacity from the registered workforce. I hope that the Minister understands that and will sum it up in his comments.
Edward Timpson
Clause 33 underpins our ambition to improve the practice of social work and raise the status of the profession. It establishes a new body corporate, Social Work England, which will be a new, bespoke regulator for this vital and unique profession.
First, I will set out the case and motivation for reform. In many ways, the easiest thing would be to do nothing and not prioritise social work as a key plank of the Government’s efforts to transform children’s social care. I think we all agree that high-quality social work can transform lives and that social workers play a critical role in our society. They deliver a range of vital services, from safeguarding the most vulnerable to supporting those with complex needs to live life to the full. Every day, social workers deal with complex and fraught situations that require a great depth of skill, knowledge, understanding and empathy. When social workers are not able to fulfil their role competently the consequences can be catastrophic, which is why the Government have developed a significant reform programme to improve the quality of social work and of the systems that support social workers. That includes investing £750 million since 2010 in supporting both traditional and fast-track routes into the profession and investing £100 million to date in the children’s social care innovation programme, so that local authorities and others can evidence how to reform services and practice to be more effective.
More is needed. To underpin the reforms, social work needs a regulatory system that meets the needs of this unique profession. Such a regulatory system will help to improve public safety and promote the status and standing of social work. The need for an improved system of regulation for the social work profession in England has been highlighted in recent independent reviews.
The hon. Lady asked why the social work profession should have a different regulator from the health profession. The approach of the current regulator, the Health and Care Professions Council, is designed to maintain minimum standards of public safety and initial education across a range of professions, rather than to drive up standards in any one profession. Driving up standards is vital for a profession in which the safety of our most vulnerable people is inextricably linked to the highest standards of practice. I would argue also that social work is a distinct and highly skilled profession and that its practitioners manage complex risks and work with vulnerable children and adults on a daily basis. A new specialist regulator for social work reflects that reality and will be able to focus on the unique nature of social work practice and on the education and training needed to support it in a way that is, unfortunately, not currently possible.
Clause 33 provides for the establishment of a new regulator for the social work profession in England. It makes it clear that our intention is to set up a regulator that is a separate legal entity at arm’s length from Government. It is important to maintain appropriate distance between the new regulator and Government, and I make it clear that it has never been our intention to give Government the power to make decisions about the fitness to practise of individual social workers.
The clause also introduces schedule 2, which sets out the new body’s governance and accountability arrangements. We may want to discuss that in more detail later, but our ambition in establishing a new bespoke, independent regulator for social work is to continue improving the practice of social work and raising the status of the profession.
Steve McCabe
I thought it might be better to intervene now rather than take up time later. On the financing of the regulator, the Minister will be familiar with the experience of the College of Social Work, for which the start-up cost included about £5 million of Government money. The college only ever reached half its anticipated registration figure, and it eventually had to close because it did not have sufficient funds to continue.
I have three specific questions. First, is the Minister confident that the regulator will be financially self-sustaining without the cost being prohibitive enough to cause a problem with registration? Secondly, will individuals have to register as individuals, or will it be possible for an employer or local authority to register them? That happened under the College of Social Work, but of course that was part of its undoing. Finally, the regulator appears to be taking on some of the functions that were previously associated with the College of Social Work and the former Central Council for Education and Training in Social Work, including education and training. Is he confident that the combination of setting the standards, approving the qualifying training and regulating the practice of individuals is compatible with having a single organisation? I recognise that he has made a lot of changes since the original proposals, so I am not criticising what he is trying to do. I am trying to be clear about how the regulator will work, given past experiences of efforts in this direction that have not exactly been that successful.
Edward Timpson
I am always happy to talk with the hon. Gentleman at any time about the details of policies and their implementation, and this is no exception. Despite the short time I have had to prepare an answer, I will do my best to give him the details that he seeks.
The Government will significantly support the establishment of Social Work England as a regulator in terms of the set-up costs. We anticipate that about £10 million will be provided by the Government from the Department of Health. The Government will also contribute up to £16 million over the rest of this Parliament to support the running costs of Social Work England. We anticipate that it will become a self-sustaining model. For the reasons that the hon. Gentleman set out, we want to ensure that, during that period, that is exactly what we work towards.
The administration and workings of the new regulator will be overseen by the Professional Standards Authority, which will be keeping a close eye on its ability to be sustainable. At the moment, we are looking at individual registration, but I will look carefully at what the hon. Gentleman said about whether there are other mechanisms. The important thing is that we are confident that every person who is meeting the necessary standards is doing so as an individual, as opposed to as part of a team. It is that person’s professional capacity that we are most interested in.
The regulator is not an improvement body; it is purely a regulator. One point I will pick up on for the hon. Member for South Shields is that we want to work with the various professional bodies that support social workers so that we have a single body that can help social workers with their improvement journey through their career, so that they feel supported in the process.
We have established an advisory group that includes the Association of Directors of Children’s Services, the Association of Directors of Adult Social Services, the British Association of Social Workers, Unison, the Local Government Association and the PSA, which will act as our critical friend and provide effective challenge to help us to develop the detail and the practical delivery of the new regulator. The first meeting took place on 9 December. The intention is that the group will meet every six weeks to discuss the challenges that the changes will have for the wider social workforce, and to help support the development and detail of Social Work England. There are requirements in the Bill for Social Work England to consult on its standards, so there is another opportunity to look at those more closely. On that basis, I hope that the clause stands part of the Bill.
Question put and agreed to.
Clause 33 accordingly ordered to stand part of the Bill.
Schedule 2 agreed to.
Clauses 34 to 43 ordered to stand part of the Bill.
Clause 44
Fees
Question proposed, That the clause stand part of the Bill.
Mrs Lewell-Buck
There are concerns that the new regulator, Social Work England, has been developed without any prior consultation or dialogue with the profession. There is a worry that it is likely to have cost implications for social workers in the form of high registration fees. I hope that the Minister can today confirm that that will not be the case, and that the Government can protect already practising social workers and require that fees for the new regulator’s initial five years of existence be set no higher than the projected fees over that time for the existing regulator.
Social workers are already grossly underpaid for the work they do. The job is done seven days a week. It involves great personal and financial sacrifices and affects their mental and physical health. They should not have to bear the burden of paying for a new regulator that they never asked for.
Edward Timpson
Clause 44 enables the Secretary of State, through regulations, to confer power on the regulator to charge fees in relation to registration or continued registration in the register provided for in clause 36; assessing whether a person meets a professional standard relating to proficiency, under clause 38(4); and the approval or continued approval of education and training courses in accordance with a scheme provided for in clause 39. Social workers currently pay £180 every two years to be registered with the Health and Care Professions Council. Those fees enable the HCPC to carry out its functions effectively. Clause 44 will enable Social Work England to have a power similar to the one that already exists.
Our vision is to create a confident and highly capable social work profession with the right knowledge and skills. I am sure that hon. Members would agree that that is worth pursuing, but to support that vision we need to invest in the profession by putting in place a new, bespoke regulator that focuses on practice excellence from initial education through to post-qualification specialism.
The clause is clear that before the regulator can determine the level of the fee, it must consult those persons whom it considers appropriate and must gain approval from the Secretary of State. That is a very significant part of the clause. Although it is right and proper that the regulator has appropriate freedoms and flexibilities, we want to ensure that any potential increase in fees is proportionate. I assure hon. Members that there is no intention that this will involve any element of profit making. The powers in respect of fees simply allow flexibility in the use of funding, thereby allowing cross-subsidisation. They would allow, for example, newly qualified social workers to pay a reduced fee for the first two years of registration as they do now.
The clause also enables the Secretary of State to confer power on the regulator to charge for the approval or continued approval of education and training courses. Again, that happens in other professions, but not currently in social work.
Steve McCabe
I just want this to be clear. Is it the Minister’s intention that anyone working for any organisation in England whose job could reasonably be described as that of a social worker will have to be registered with the regulator to continue to do that job?
Edward Timpson
This is in relation to a children and families social worker. There are other roles that people can have within children’s social care, but if someone wants to qualify and be accredited as a social worker in that respect, the regulator is there for them. Of course it also incorporates adult social work and the regulation of that profession, but for any social worker there is a generic part to the degree, which the hon. Gentleman will be aware of. We want to ensure that there is consistency of approach to how we ensure that we know who meets the necessary standard, and that is reflected in the detail set out in subsequent clauses and the regulations that will follow.
Under the current regime, the cost is met from the registration fees paid by individual social workers. Again, it is right to make provision to enable the regulator at least to consider that option, but the clause is clear that it would need to consult before determining the level of any fee in order to understand any potential impact. The clause will also enable the new regulator to charge for assessing whether a person meets a professional standard relating to proficiency. Under clause 38(4), the Secretary of State may by regulations make provision about arrangements for such assessments.
The Government are keen to promote the development of post-qualification specialist practice, and we firmly believe that Social Work England can play a positive role in that, albeit as a regulator. In the first instance, it will take on functions relating to best interest assessors and approved mental health professionals. Over time, it may have a role in supporting efforts to develop post-qualifying specialisms for accredited child and family practitioners. The power under clause 38 for regulations to make provision about arrangements for the regulator to assess proficiency and the power dealt with in clause 44 for regulations to make provision for the regulator to charge a fee in respect of such assessments are included to support this future possibility. I am sure that hon. Members will agree that it is sensible in not tying the regulator’s hands to the extent of potentially affecting sustainability in the long term.
Before exercise of the powers, including determination of the level of any such fee, regulations must be made through the affirmative procedure and the regulator must consult any persons whom they consider appropriate. That ensures that the appropriate safeguards are in place and addresses the issues raised by the hon. Lady. I hope that on that basis, the Committee will support the clause.
Question put and agreed to.
Clause 44 accordingly ordered to stand part of the Bill.
Clauses 45 to 50 ordered to stand part of the Bill.
Schedule 3 agreed to.
Clauses 51 to 57 ordered to stand part of the Bill.
Ordered, That further consideration be now adjourned. —(Mr Syms.)
Children and Social Work Bill [ Lords ] (Fifth sitting)
(Limited Text - Ministerial Extracts only)
Read Full debateTuesday 10th January 2017
(7 years, 11 months ago)
Public Bill CommitteesChildren and Social Work Act 2017 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 10 January 2017 - (10 Jan 2017)
This text is a record of ministerial contributions to a debate held as part of the Children and Social Work Act 2017 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Chair
I remind Members that we have dealt with clauses 1 to 57 and schedules 1 to 3. We now move on to new clauses, new schedules and, in due course, clauses 58 to 64.
New Clause 1
Placing children in secure accommodation elsewhere in Great Britain
“Schedule (Placing children in secure accommodation elsewhere in Great Britain) contains amendments relating to—
(a) the placement by local authorities in England and Wales of children in secure accommodation in Scotland, and
(b) the placement by local authorities in Scotland of children in secure accommodation in England and Wales.”—(Edward Timpson.)
This new clause would introduce NS1, which amends legislation to allow local authorities in England and Wales to place children in secure accommodation in Scotland, and makes provision relating to the placement by local authorities in Scotland of children in secure accommodation in England and Wales.
Brought up, and read the First time.
The Minister for Vulnerable Children and Families (Edward Timpson)
I beg to move, That the clause be read a Second time.
The Chair
With this it will be convenient to discuss the following:
Government amendments 9 to 15.
New clause 27—Placing children in secure accommodation elsewhere in Great Britain—
“(1) Schedule (Placing children in secure accommodation elsewhere in Great Britain) ends at the end of the period of two years beginning with the day on which this Act is passed.”
This new clause would revoke provisions in the Bill that enable local authorities in England and Wales to place children in secure accommodation in Scotland, and vice versa, two years after the Act comes into force.
Government new schedule 1—Placing children in secure accommodation elsewhere in Great Britain.
Edward Timpson
Happy new year to you, Mrs Main, and the rest of the Committee. It is wonderful to be back and to see everyone looking bright-eyed and bushy-tailed and ready for what we hope will be a constructive last few days in Committee.
The Government amendments in this group, introduced via new clause 1 and new schedule 1, are necessary to fill a legislative gap relating to looked-after children being placed in secure children’s homes in Scotland by English and Welsh local authorities. The new clause and new schedule make various amendments, some of them technical, to various pieces of primary and secondary legislation, with the aim of making clear the ability of local authorities in England and Wales to place looked-after children in secure accommodation in Scotland.
Reciprocal provisions already exist that allow Scottish local authorities to place children in England or Wales under compulsory supervision orders, so this is not a new or even emerging position. Placements in Scottish secure homes have happened commonly over time, with the option to place children in Scotland increasing the diversity of specialist secure provision available to local authorities in England and Wales, which is in the best interests of our most vulnerable children.
Government amendments 9 to 15 will make the relevant changes to the Bill’s extent provisions to reflect new clause 1 and new schedule 1 and provide for them to come into effect when the Bill is passed.
It is right to say that extensive discussions have taken place with officials in the Scottish and Welsh Governments, and Ministers from both those Administrations have indicated their support for the Government amendments as drafted. Scotland is currently progressing its own legislative consent motion to that effect.
The hon. Member for South Shields will want to speak to her new clause, and I will no doubt want to respond to the points that she makes, but I urge the Committee to see the Government amendments for what they are: a technical solution to a gap in the law to allow the continuation of a well-established practice.
Mrs Emma Lewell-Buck (South Shields) (Lab)
It is a pleasure to be back in Committee, Mrs Main. I, too, wish everyone a happy new year.
I rise to speak to new clause 27, which is in my name. It was with a mix of anger and sadness that I tabled the new clause, which would give Ministers two years to sort out a situation that has arisen on their watch: the intolerable lack of secure places for our country’s most vulnerable children. Those are children who are looked after by the state and who the courts have found to be at risk of significant harm and injury or a risk to others by their being looked after by local authorities. They are our responsibility.
I will briefly share with the Committee a small example from the Department for Education’s own research of a child who was placed in secure accommodation:
“Marie was referred as a very young child because of sexual abuse and severe neglect. She was removed and placed for adoption aged four with two younger siblings but went on to experience three adoption breakdowns. This was partly due to the children’s sexualised behaviour but also events that couldn’t have been predicted—including the death of two adoptive parents. She returned to the care system for the last time aged nine with a severe attachment disorder.”
We owe it to children like her to ensure that when they are in crisis, the best possible support is available to meet their needs.
Two years is enough time for the Government to fix this problem if there is sufficient political will. New clause 27 is a pragmatic response to a situation that should never have been allowed to happen. I have decided reluctantly that seeking to block the Minister’s amendments would not be in the immediate interests of children who are desperately in need of secure care. Children have been sent from England to Scotland because of a lack of provision close to their families, local services and communities. The legal cases that I understand led to the Minister tabling his amendments concern children from Blackpool, Cumbria and Stockport being detained in Scotland. Those are looked-after children who are attempting suicide and self-harm, and who are in acute states of distress. Courts have made orders for them to be detained because they are not safe in ordinary children’s homes or in foster care.
We should not routinely send those children to another country, where they will have to adapt to a different education system and risk disruption to their mental healthcare. We are talking about placing children hundreds of miles away from their families, social workers, independent reviewing officers, independent advocates, visitors and lawyers. Will the Minister explain how we can be sure that their detention will be effectively monitored—particularly as he has not extended the duty on local authorities to establish secure accommodation reviews with independent input?
The legal situation of children looked after by English councils but detained in Scotland must be remedied as a matter of urgency—I totally accept that—but I do not support the Minister’s new clause because I do not believe it is a good policy decision. Let us be clear: the new clause, which will allow for the lawful detention in Scotland of looked-after children from our country, has not come about because social workers, researchers and young people have told the Department for Education that authorising the use of secure units in Scotland for looked-after children from England and Wales would be in their best interests, or that sending those children hundreds of miles from home would make them feel safer and more secure.
The changes are the result of the courts being put in the invidious position of deciding that a looked-after child fits the criteria for a secure accommodation order, but being then informed by the local authority applying for such an order that there is no secure place for that child in England. Orders have been made by the High Court that have bypassed the Children Act 1989, because that legislation does not allow for looked-after children to be detained on welfare grounds in Scotland. The Act does not allow any looked-after child to be placed outside England and Wales without the consent of the child or his or her parent—although that can be overruled in certain circumstances. That provision has been law since, I believe, 1980. Without any consultation with young people or professionals who work with them, the Minister’s new clause strikes out the need for the child’s consent and for parental consent. We are talking about vulnerable teenagers whose lives have spiralled out of control. How can we expect to help them to regain and build up their self-esteem and show they are valued if we send them to another country without asking for their permission?
The research I mentioned earlier found that local authorities viewed detaining a child on welfare grounds as necessary for a small number of children, but all of those authorities agree that that is often a draconian step—and that it is more draconian to send a child to a different country to be locked up. It is a well-established social work principle that looked-after children fare better when they are close to their families, friends, schools and the health professionals supporting them. That principle is well-enshrined in the Children Act 1989.
Since 2011, the number of children placed in secure accommodation for welfare reasons has increased. In March 2011, 62 children in England and Wales were placed in secure accommodation on welfare grounds, while in March 2016, 105 looked-after children in England and Wales were detained in secure accommodation on welfare grounds.
The Government have clearly not been paying attention. This situation needs a national strategy and national leadership—especially when we take into account that The Scotsman reported just last year that children from Scotland may have to be placed south of the border owing to a lack of spaces there. I took a quick look at the availability of secure places in Scotland, and the latest information, as of 6 and 8 January, is that only one of the five secure homes in Scotland has any vacancies; the rest are entirely full. St Mary’s Kenmure centre, on the outskirts of Glasgow, has only three places available, yet serves the whole of Scotland. What assurances can the Minister give that Scotland’s secure centres have room for children from England and Wales? What research has his Department done to establish the capacity of Scotland’s secure care provision? If there has been any research, will he please share it with the Committee?
I fear that if we leave the Minister’s amendments as they are, and do not exert any pressure on the Government to sort out this mess, children may suffer greatly. I am not aware of any consultation, policy document or impact assessment published by the Department about these legislative changes. The amendments are not minor formalities; they fundamentally alter the legal protection given to our most vulnerable looked-after children. The Minister’s exemption clauses could lead to the removal of even more safeguards from that cohort of children; we are talking about legal protections that have been in place for decades. I hope that Members will support my pragmatic new clause.
Steve McCabe (Birmingham, Selly Oak) (Lab)
It is a pleasure to see you in the Chair, Mrs Main; I also wish you a happy new year.
I want to put three or four quick points to the Minister in relation to the measure. Could he give us an idea of how many children he thinks will be transferred north of the border, or, indeed, the other way? It would be interesting to have some context, and to know the scale of the problem and perhaps when he first became aware that there was a problem in need of such a resolution. I am particularly interested in how many children from England are likely to move to Scotland, and would like an indication of which local authorities are under the most severe pressure, so that they must look north of the border.
Whether or not the Minister accepts new clause 27, does he accept that if there is not some kind of time limit on the proposal the danger is that we will be legislating to export a problem? That seems a strange way to deal with children who are often very damaged and difficult. I am not sure that in the long run it is in the best interest of the care system in this country that we should end up simply exporting the problem.
Finally, I have on previous occasions heard the Minister say he does not support the idea that children should be moved far from home; I think that particularly in relation to Rotherham he had some strong opinions on that, which I agree with. While I accept that awareness of an impending problem or crisis may have brought him to introduce legislation, I wonder how he would reconcile the notion of sending children north of the border with his strongly held view that it is not in children’s best interests to move them too far from their home base for care provision.
Edward Timpson
I begin by thanking hon. Members for their contributions to this debate and for raising important issues about not only this new clause but, more widely, the secure children’s homes available to our most vulnerable children and young people in England, Wales and Scotland.
I will address some of the specific points raised. The latest information I have is that there are currently 17 children who have moved from England to secure children’s homes in Scotland. We first became aware of the issue that the new clause tries to fix on the back of a judgment of the family division of the High Court on 12 September last year that children could not be placed by English or Welsh authorities in secure accommodation in Scotland under section 25 of the Children Act 1989. This is a long-established practice, hence the legislative issue we are seeking to resolve was a surprise to everybody.
No child has been placed by an English or Welsh local authority in secure accommodation in Scotland without the authority of the courts in England and Wales. That is an important point. Every case where a child is moved to a different part of the United Kingdom on the basis of a request to place them in a secure children’s home outside their original area will be subject to court approval. The court has to decide on the usual basis under the Children Act of it being in the child’s best interest.
I will write to the hon. Member for Birmingham, Selly Oak about which local authorities currently have children placed north of the border. The hon. Member for South Shields alluded to some of those, but I will endeavour to provide the hon. Gentleman with a comprehensive list.
Kate Green
In writing, will the Minister also tell us how long those children have spent in children’s homes north of the border? As there are only 17 children, I hope he will be able to give us that information for each child.
Edward Timpson
I will endeavour to provide as much detail as possible.
This is not about exporting a problem. It is a two-way street, because of course, children from Scotland and Wales are placed in England, and vice versa. This is about trying to improve the diversity of choice for very specialist placements, which starts to address the other point that the hon. Member for Birmingham, Selly Oak rightly raised about the presumption that children, where possible, should be placed as close to home as they can. I agree with that.
As the hon. Gentleman knows, we have done a lot of work on residential care, looking at how we can improve the commissioning of places and the decision making, so that it is higher up the process when making a choice about the most appropriate placement for children, where residential care is the right type of placement. However, I think we all agree that for very specialist placements—particularly knowing the numbers in secure children’s homes—it would be impossible to have that type of specialist provision on the doorstep of every local authority, so we need to look in the round at what is available in the wider area, to try to meet those specific needs.
I accept the point made by the hon. Member for South Shields that there is more work to do on ensuring we have a functioning secure children’s home system that meets the demands placed on it. We have not been sitting idle, waiting for a problem to bubble to the surface. We have been working hard to establish, for the first time, a co-ordinated approach, to understand where the pressures on the system are, the availability of particular types of provision and how we can better match children and young people with the right placement for them as quickly as possible. That is why we set up the National Secure Welfare Commissioning Unit in May last year.
I wrote to the Local Government Association and the Association of Directors of Children’s Services with a strong commitment to work with them to find the long-term system change we need, so that we can address some of the issues that the hon. Member for South Shields raised. I am not saying that we have the perfect system—we are not at that point by any stretch of the imagination—but we are working hard to ensure that we have a better way of providing the right sort of care for the children who need it, whether on welfare grounds or on other grounds that form part of the background of some children who need secure placements.
Steve McCabe
The Minister is telling me that he is proposing a reciprocal arrangement and that there will be a transfer of children from Scotland to secure accommodation in England as well. If he has the numbers will he give them to us now? If not, perhaps he will write to us. I am curious to know how many children from Scotland are in secure accommodation in England. I am also curious to know how a country with such a small population compared with England can have an excess of secure accommodation. Can he say more about the particulars, without identifying individuals, although I realise that 17 is a small number? Is there something special about the accommodation available in Scotland which differs from accommodation in England, making it necessary to have that transfer? I am curious to understand what that is. If it is not simply a question of numbers, I am curious to know the particular circumstances that necessitate that sort of shift.
Edward Timpson
I may come back to the hon. Gentleman with further information, but I can tell him that in Scotland there are 89 welfare places in secure children’s homes. They are available to children both in Scotland and in England and Wales, as has been the case for a considerable time. On the range of provision in Scotland, every decision made for each individual child is based on what is in their best interests. Clearly, therefore, some specialist provision in Scotland is deemed suitable as the best for a child in England with their particular needs.
I cannot give the hon. Gentleman chapter and verse on exactly what each secure children’s home offers, but I undertake to provide further detail, so that he is reassured that the decisions made by the courts are such that those very vulnerable children and young people are getting the best possible care and support. Furthermore, all those children and young people who have been placed in Scotland will still have placement visits from their social worker and regular reviews of the quality of that placement, even when they have been placed in Scotland or Wales.
Part of the care plan for a child or young person is about how their educational needs will be met. It will have to be set out and approved by the court before the placement is allowed to go ahead. However, I will look carefully at what the hon. Member for Stretford and Urmston said, because I wholeheartedly agree with her that, wherever a young person is placed, it is important that they need to have opportunity—to advance themselves as an individual and in what they are capable of achieving academically and in getting into the workplace—and some stability in their life. That placement must meet all those requirements. I will look carefully at what she says and perhaps have a further conversation with her about how we ensure that children and young people in those circumstances are not missing out on the benefits of the education that is vital to their life chances.
Although I understand the points that have been made—I hope I have shown that I appreciate what hon. Members have said—I go back to where I started: the amendments do not seek to change existing policy or the practical circumstances in the system of secure children’s homes. They provide a technical fix to clarify the legal position of a long-standing and mutually beneficial arrangement that works for and should continue to work for our children.
We need to look carefully at how to continue to co-ordinate across England, Scotland and Wales and at how to improve provision in England. That is what the co-ordination unit is trying to do and why we are working hard with the LGA and the ADCS to see how we can make sure that the provision meets the future needs of this small but important and group of vulnerable children and young people who deserve the best possible support. I hope that on that basis the Committee will support the Government’s amendments and that the hon. Member for South Shields will be sufficiently reassured not to press her new clause.
Mrs Lewell-Buck
I am concerned that without acceptance of the new clause the practice the Minister is proposing may become the norm. I have not heard anything from him today about whether the Government are working to increase capacity throughout England, Scotland and Wales. What will happen when Scotland runs out of capacity, if it is being used as the overspill, for want of a better word, for children from England and Wales? I highlighted in my opening comments the fact that Scotland is running out of capacity. What will then happen to these children? The Minister has not given any assurances on where we are going with this. He has agreed that my new clause needs to be looked at and to have conversations with me, but ultimately, if my new clause is agreed, it will holds the Minister to account and will make sure that within two years he has found a solution. I would like to push my new clause to a vote at the appropriate time.
Question put and agreed to.
New clause 1 accordingly read a Second time, and added to the Bill.
New Clause 2
Power to test different ways of working
‘(1) The purpose of this section is to enable a local authority in England to test different ways of working under children’s social care legislation with a view to—
(a) promoting the physical and mental health and well-being of children, young people or their families,
(b) encouraging children or young people to express their views, wishes and feelings,
(c) taking into account the views, wishes and feelings of children or young people,
(d) helping children, young people or their families gain access to, or make the best use of, services provided by the local authority or its relevant partners (within the meaning given by section 10(4) of the Children Act 1989),
(e) promoting high aspirations for children or young people,
(f) promoting stability in the home lives, relationships, education or work of children or young people, or
(g) preparing children or young people for adulthood and independent living.
(2) The Secretary of State may by regulations, for that purpose—
(a) exempt a local authority in England from a requirement imposed by children’s social care legislation;
(b) modify the way in which a requirement imposed by children’s social care legislation applies in relation to a local authority in England.
(3) Regulations under this section may not be used so as to remove any prohibition on a local authority in England arranging for functions to be carried out by a body whose activities are carried on for profit.
(4) Regulations under this section may not be used to exempt a local authority in England from, or modify, its duties under—
(a) section 17 of the Children Act 1989 and Part 1 of Schedule 2 to that Act (duty to provide appropriate services to children in need);
(b) section 20 of that Act (provision of accommodation for children who appear to require it for certain reasons);
(c) section 22 of that Act (duty to safeguard and promote welfare of looked after children etc);
(d) section 47 of that Act (duty to make enquiries and take action to safeguard or promote welfare of children at risk);
(e) section 10 of the Children Act 2004 (duty to make arrangements for promoting co-operation to improve well-being of children);
(f) section 11 of that Act (duty to make arrangements to ensure that regard is had to the need to safeguard and promote the welfare of children).
(5) The Secretary of State may make regulations under this section relating to a local authority in England only on an application by that authority.
(6) Subsection (5) does not apply to regulations under this section that only revoke earlier regulations under this section.
(7) Regulations under this section may be made in relation to one or more local authorities in England.
(8) Regulations under this section may include consequential modifications of children’s social care legislation.”
This new clause would give the Secretary of State a power to enable local authorities in England to test different ways of working under children’s social care legislation for one of the purposes mentioned in subsection (1). Subsections (3) and (4) include safeguards on the use of the power. The power may only be exercised on an application by a local authority. See also the following, which are related: NC3, NC4, NC5, NC6, NC7, NC8 and NC9.—(Edward Timpson.)
Brought up, and read the First time.
The Chair
With this it will be convenient to discuss Government new clause 3—Duration—
Government new clause 4—Parliamentary procedure—
Government new clause 5—Consultation by local authority—
Government new clause 6—Consultation by Secretary of State—
Government new clause 7—Guidance—
Government new clause 8—Annual report—
Government new clause 9—Interpretation—.
Edward Timpson
I will speak to new clause 2 and the other new clauses in this group which deal with the power to pilot different ways of working. The purpose of the new clauses is to enable a local authority to test the extent to which changes to the complex legislative framework surrounding children’s social care might achieve better outcomes for children.
I will begin by briefly outlining the purpose of the clauses before I turn to the improvements that have been made since they were debated in the other place. The Government believe that the legislative framework is the bedrock of children’s social care services. However, that does not mean that it is perfect. In 2011, the Munro review showed us that over-regulation can be a barrier to good social work practice and can prevent social workers from putting the needs and wishes of children first.
Too frequently, legislation sets out not just what local authorities need to do, but exactly how they must do it. However, when it comes to changing the law, especially where those changes are about prescribing less process and leaving more to professional judgment, we often fail to act. That is because we do not have evidence of how a change would work in practice. Without evidence, it is simply unclear what applying a change to all local authorities would mean.
The power would enable an individual local authority to test new ways of supporting children and young people. That would be done in a carefully controlled way, for a limited period of time with the sole purpose of achieving better outcomes for children. The evidence from each pilot will allow us to assess the need for changes to legislation across the country.
Local government supports this power. Local authorities want to do their best for the children in their care and to be trusted to try new approaches to do just that. However, we also heard concerns expressed in the other place and by those organisations that we consulted about the risk to children. Clearly, that is not something that would ever be on my agenda. The Government have listened and I will outline the changes we are making which I believe address the concerns that have been raised.
Government new clause 2 introduces the power to test different ways of working. It outlines the purpose of pilots that could be granted and the scope of the power. A pilot can be granted only if the application has demonstrated clearly how it will benefit children or young people in at least one of the following ways: promote their physical health and wellbeing; encourage them to express their views, wishes and feelings and take them into account; help them gain access to or make the best use of services provided by the local authority or its partners; promote high aspirations; promote stability in their home lives, relationships and educational work; or prepare them for adulthood and independent living.
The new clause makes it clear that the local authority must use the power with a view to achieving those aims. Efficiency and cost considerations are not a sufficient basis for a pilot. It makes it absolutely clear that pilots can be conducted only for the purposes of promoting children’s best interests and for no other reason.
Another important aspect of the new clause is that it sets out areas of legislation that the power cannot be used to revisit. That should remove any lingering concerns that some hon. Members expressed on Second Reading that pilots may be undertaken for the wrong reasons. In particular, it makes it clear that the power cannot be used to allow local authorities to contract out functions to profit-making organisations. While I confess to being puzzled by some of the debate that characterised the power wholly inaccurately as a means to privatisation, subsection (3) puts the issue beyond doubt.
Steve McCabe
Will the Minister clarify something? Unless I have misunderstood something, the new clause does not refer to pilots at all. What we are legislating for is the power for the Minister to make regulations to change the way in which local authorities deliver some services or meet some requirements. I do notice, however, that subsection (5) says that local authorities must apply to use the power. When they apply, will they have to propose a clear pilot that expresses what the innovation is, what the changes are and what they are designed to achieve, or will they simply have to say, “I’d like to change this regulation as it applies to us at the present time”?
Edward Timpson
To address the two points the hon. Gentleman made, we are introducing pilots because we are testing, in very controlled circumstances, a different way of carrying out the functions of a local authority: what they have to do and how they propose to do it in a different way. We will then be in a position to consider that in the controlled way that I will set out regarding both the process and the safeguards that follow, so that we have the evidence that, as I said at the start, we need to have—I think every hon. Member would agree—before we consider making any change more profound than simply piloting something that a local authority wanted to test as a way of establishing a new way of working.
I will come on to explain what that process is, because it is tightly controlled and heavily safeguarded which, in many respects, is unprecedented when compared with, for instance, the pilots under the previous Labour Government in relation to social work practices. I commend the Labour Government on setting those up, because they tried to find new ways of working within social work and they have led to some different ways of delivering those types of services—in Stafford, for example. That was done in a similar way by setting up pilots, testing ideas, seeing whether they would be successful and were something with which others might want to proceed.
I want to make it clear that I do not believe that changes to the duties would ever have been the subject of a successful application for the use of the power. Under the process and safeguards put in place, the case simply could not have been made that modifying one of the duties could result in better outcomes for children. However, by excluding them from the power, that point is put beyond doubt. The power to innovate is about testing changes to how local authorities deliver services, not questioning their fundamental responsibilities to children and young people.
Kate Green
Does the Minister agree that it is important for local authorities to consult the child’s school on the impact of new ways of working on education?
Edward Timpson
The hon. Lady makes a strong point. We are talking about others who are relevant to that child and need to be consulted, and I concur with her that it will be important for the school to be involved in the consultation to make sure that there is a full and rounded view of what the impact may be on children in that area.
When the local authority has completed its consultation, it will make an application to the Secretary of State, and Government new clause 6 provides that if she decides to take the application forward, she should consult the expert advisory panel, which will provide significant independent scrutiny of any application. The panel will consist of two standing members, the Children’s Commissioner and Her Majesty’s Chief Inspector. The Secretary of State will also appoint other individuals who hold expertise relevant to the subject matter of an application, including representation from local government, social work practice, the voluntary sector and experts in the evaluation of pilots. The panel will be able to comment in full on an application.
In answer to the question from the hon. Member for Birmingham, Selly Oak, the panel, which is independent and has relevant expertise, will be able to comment fully on any application by a local authority under this provision. It will be asked particularly to provide advice on three key areas: first, the impact of a pilot on children; secondly, the capability of the authority to achieve the purpose of the application; and, thirdly, the adequacy of the monitoring arrangements. The panel’s advice will be published to ensure the process is transparent. When the Secretary of State has considered the panel’s advice, she will decide whether to continue with the process and, if so, she must gain Parliament’s approval. Government new clause 4 sets out the parliamentary scrutiny that each application to use the power must undergo before it is granted.
We have already sought to strengthen scrutiny in the other place to increase the types of application that would go through the affirmative resolution procedure. Changes to both primary and secondary legislation that originally passed through the affirmative procedure will follow that affirmative procedure. Only secondary legislation passed through the negative procedure and applications by the Secretary of State to end a pilot by revoking regulations will be subject to the negative procedure.
In addition, the Secretary of State must lay before Parliament a report containing an explanation of how the purpose is expected to be achieved and an assessment of the impact on children. That, alongside the panel’s advice, will provide a critical means for Members to scrutinise the pilot before agreeing that it can proceed or be rejected. I contend that this very comprehensive process will ensure that full and proper safeguards are in place.
Government new clause 3 makes it clear that all pilots should be time limited to a maximum of three years, after which they will automatically come to an end. There is provision for the pilot period to be extended only once for an additional three years. Such an extension could be used when a pilot is successful but the Government need further time to make provision to roll it out across the country. Before a pilot can be extended, the Secretary of State must lay a report before Parliament that clearly identifies the extent to which the pilot has achieved its specified purpose up to that point.
To ensure that the monitoring and evaluation of pilots is transparent and learning is shared, Government new clause 8 requires the Secretary of State to provide an annual report for each year a pilot has been in place. This report will provide a central source of information on the progress of pilots and bring together resulting learning. Government new clause 7 sets out a provision for the Government to issue statutory guidance to local authorities that will include how the power should be used, or not used, in particular circumstances; how it should be monitored and evaluated; and the qualities local authorities will be expected to demonstrate in applying for the power. The guidance will ensure that there are clear standards and expectations of local authorities in applying for the power. We will consult publicly on the statutory guidance so that all interested parties have a say in how the power works.
I appreciate that this is a new approach, so it is understandable that some colleagues have raised questions and have sought additional safeguards. We have listened to such concerns very carefully and the new clauses before the Committee are substantially different from those that were discussed in the other place. The scope of what could now be allowed is much tighter and the safeguards, consultation and transparency are even more robust. That has allowed some leading members of the children’s services voluntary sector to lend their weight to our ambition and comment positively on the new clauses.
For example, the Children’s Society, one of the country’s leading children’s charities, feels that changes we have made enable it to support the new clauses. It says:
“The Children’s Society welcome the Government’s commitment to innovation in children’s social care and are supportive of their intention to allow local authorities to test new ways of working in a time-limited, safe, transparent and well-evaluated way. We are of the view that the Government have listened to the concerns raised by the sector and have taken significant steps to ensure that the intention behind the power is clear, and that robust safeguards have been put in place.”
Similarly, Barnardo’s supports the power and the changes that we have made. It says:
“During the passage of this Bill, the Government has taken on board a number of our concerns, and we believe that the current proposed system for testing innovation will be safer and more transparent than what the Government originally sought to introduce. We particularly welcome the provisions which ensure that local authorities will not be permitted to question the fundamentals of what they do to support children whilst allowing scope for piloting new ways of working. Stronger safeguards have also been put in place to improve consultation and accountability.”
Those are strong endorsements of the approach the Government have taken from those who have a strong interest in ensuring that children get a better deal from the community and the services that they require.
Before I ask hon. Members to support the new clauses, I want to end by saying that I would not be doing this or asking the Government, as they have, to support these new clauses in the their entirety, if I did not have a strong view that their sole purpose—and the motivation behind them—is to improve outcomes for vulnerable children.
If I thought there was a better way to deal with the current system, where too many children are still being failed, I would welcome it. We are working to ensure that where children’s services are inadequate we tackle that. Since 2010, we have turned around 34 local authority children’s services that were deemed to be failing children in their areas.
What I am not prepared to do is just accept the status quo, when I have local authorities telling me that they could do a better job for children if they were given the opportunity to do so. The new clauses seek to provide them with that opportunity whilst ensuring that their responsibilities for those children remain as strong as ever. I do not intend to do anything for children other than try to make their lives better, and I hope hon. Members will agree.
Mrs Lewell-Buck
I apologise at the outset that my comments are rather long but they are entirely relevant to the Government’s new clauses. As I listened to the Minister, I hoped he would offer some clarity on a number of key issues that have rightly plagued these Government plans to allow councils to opt out of primary and secondary protective legislation for vulnerable children and young people. I want that sentence to sink in with the Committee for a moment.
The Minister is asking us to approve a power that threatens vast swathes of hard-fought legislation that was carefully crafted in the proper way, rooted in robust evidence and consultation with the sector, children and families, often in the wake of tragedies and failures that should not have occurred, and that had cross-party commitment to better protect and provide for children and young people.
Of course, not all children’s social care legislation has evolved because things have gone desperately wrong. Many statutory requirements in the care system, in leaving care and in support for families have emerged through creative practice and innovation, but I fear that after the Bill, innovation will be forever associated with the removal of legal protection. That does a terrible disservice to all the excellent projects, pilots and world-leading practice that have developed in children’s social care across the decades.
The Minister is asking us to hand the Secretary of State unprecedented power to dispense with primary and secondary legislation without any prior Green or White Paper consultation, any public evidence sessions, as there should have been for such a radical change, or any evidence that any of the endangered legislation works against children’s welfare. Once an exemption or modification to the law has been authorised, the trials could last up to six years—that is a long time for a child reliant on the state for his or her care and protection.
Our most vulnerable children are being used as guinea pigs. That is no exaggeration. Look at the transcript of the Lords debate that led to the first incarnation of these awful clauses being kicked out. These so-called innovation clauses were described several times by noble Lords, even those on the Government side, as an experiment. Do we really want to give consent to such high-risk experiments when local authorities are facing extreme funding pressures and increased demand? Nagalro warned in its evidence to the Committee:
“Anything which helps spread the budget further is going to be greeted”
with great enthusiasm in County Hall. It also warned that the Bill risks introducing perverse incentives into a system already buckling under great strain.
To say that I am deeply disappointed that the Government have chosen to reinsert the measures in new clauses despite their blistering defeat in the Lords is a total understatement. The fact that the Lords succeeded in deleting a whole set of clauses—a rarity in either House—should have been a red-flag warning that the proposals are dangerous. Yet here they are again, with further amendments, none of which allay the serious and substantial concerns raised in the Lords and elsewhere. The Committee has received extensive evidence from concerned organisations and individuals about the grave risk to children and young people. We have been warned that the new clauses give the Government a blank cheque to remove legal protection. We are being asked to agree a job lot of measures where virtually every requirement made for all vulnerable children and young people could be axed for some at a future date.
The Minister claims that he has listened to the views expressed by peers and other stakeholders and that he has made substantial changes to the clauses, but he has not, and the risks to children and young people have not gone away.
Edward Timpson
The hon. Lady says that we have not made any substantial changes, so what has she to say about the quotes that I gave from the Children’s Society and the Barnardo’s, which say that we have done precisely that? The Children’s Society said that
“the government have listened to the concerns raised by the sector and have taken significant steps to ensure that the intention behind the power is clear, and that robust safeguards have been put in place.”
Mrs Lewell-Buck
The Minister, like me, will be well aware that while the charities may have expressed support in their submissions to the Committee, they have also expressed concern. The fact is that there are only three organisations, so far as I am aware, that support the new clauses.
Edward Timpson
I am happy for the hon. Lady to make her case. The purpose of having this Committee and the debate is for the House to make a decision, but I am afraid that what she says is simply not the case. Among those who support the new clauses are Anthony Douglas from the Children and Family Court Advisory and Support Service, Mark Costello from Foster Care Associates, the Children’s Society, Barnado’s, SOLACE, which is the Society of Local Authority Chief Executives and Senior Managers, and Chris Wright, chief executive of Catch22. Debbie Glassbrook from the National Independent Reviewing Officers Managers Partnership, a whole host of local authorities and associated bodies—including Achieving for Children, Leeds City Council and others—and the ADCS and the LGA also support the new clauses.
The hon. Lady has to be careful that she does not characterise the debate as all being on one side of the equation. There are those who have listened carefully to the arguments, including Barnado’s and the Children’s Society, and who have always supported innovation. They are clear that they are happy that the changes we have made reassure them enough to support the measures.
Mrs Lewell-Buck
I thank the Minister for that intervention. He mentioned approximately 10 or so organisations that he feels are in support.
Mrs Lewell-Buck
However, there are nigh-on 50, if not more that are against this. I will discuss this later in my comments.
Mrs Lewell-Buck
I will come on to that later in my comments. To clarify, I have nothing against local authorities knowing what is right for them and making decisions. [Interruption.] However, this is a slightly different case and if the hon. Gentleman keeps calm and listens, I will get to my point.
Another change concerns statutory requirements selected by the Government for special treatment. There are six sections of the Children Act 1989 and the Children Act 2004 and one part of one schedule to the Children Act 1989 that cannot be touched by this new power. I am sure I am not alone in wondering how the Minister came to select this list of core legal duties. Can he explain how he decided that the many remaining duties in the Children Act 1989 and the Children Act 2004 and their associated statutory instruments could, in principle, be disapplied? How did he decide that none of the children’s social service functions in any of the following Acts of Parliament are worth saving: the Children and Young Persons Act 1933, the Chronically Sick and Disabled Persons Act 1970, the Mental Health Act 1983, the Housing Act 1996, the Adoption (Intercountry Aspects) Act 1999, the Adoption and Children Act 2002, the Mental Capacity Act 2005, the Children and Young Persons Act 2008, the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and the Care Act 2014?
Are we really being shown a glimpse of a brave new world where all that will be left of children’s social care legislation could be these six saved sections of two Acts of Parliament? I point the Committee to some of the frightening scenarios sent to us by Dr Ray Jones. We cannot say that we have not been warned how dangerous these new clauses are.
Children’s rights charity Article 39 has listed a number of statutory requirements that could be removed. These include—although this is not exhaustive—a local authority’s duty to provide accommodation to children it is looking after, assess the support needs of disabled children as they approach adulthood, allow children in its care to have reasonable contact with their parents and visit children it looks after. Is the Minister really convinced that none of these duties are fundamental to promoting and safeguarding the welfare of vulnerable children and young people? Why is there such resistance to undertaking a public consultation prior to the introduction of these clauses? Does the Minister not want to ensure that he and his Government have got this 100% right?
Let us also remember that part of this Bill will also be under threat of exemption once—and if—it receives Royal Assent. In fact, every single future children’s social services function that this House introduces will have a fragile and uncertain existence if we allow these new clauses to go ahead.
The Minister has written to the concerned parties, claiming these new clauses are about empowering the frontline. The frontline does not want these powers. The vast and varied range of organisations that have submitted evidence to the Committee want us to reject these new clauses. In fact, 47 organisations have come together specifically with the goal of opposing these new clauses.
The Government set out their stall on this radical new power in their strategy “Putting children first”, which was published in July last year, two months after the Bill appeared. It said that exemption trials would offer
“a controlled environment in which we could enable local authorities to test deregulatory approaches that are not currently possible, before taking a decision to make substantial changes to existing legislation that would apply across the board.”
Any proposed full repeal of legislation would have to come back to Parliament—I understand that—but for trials to have any credible and reliable influence on future legislation, they must be ethical and robust. Nagalro has correctly told us that if a local authority obtains an exemption, all the children in its jurisdiction will be subject to it whether they agree with it or not. They will have no individual say in the matter. What on earth does the Minister envisage happening if some children who do not agree come back to a future Government and claim that they were treated wrongly compared with those in neighbouring authorities?
In “Putting children first”, the chief social worker for children and families asserted:
“We must be enabled to use our professional judgment in flexible and creative ways, rather than having to follow a procedural path”
or a set of “legal rules.” The chief social worker avoiding having to follow legal rules is concerning and not a positive message for social workers or those considering joining the profession. Who would choose to work in a local authority that has fewer duties to vulnerable children and young people than its neighbouring councils?
Edward Timpson
I am grateful to hon. Lady for giving way again—she is being generous. I want to probe her point about legal rules and people working in children’s services not wanting to be more expansive in using their professional judgement around those rules. Does she think that the opportunity that some local authorities have taken of pulling together their initial and core assessments to have a single continuum of assessment, and not having to comply with the strict timescales set out in regulation, is a good idea? We must bear in mind that the evidence suggests not only that the quality of those assessments has improved as a consequence, but that the timescales have improved as well, because not working to a 40-day or any other time limit has resulted in more timely assessment.
Mrs Lewell-Buck
The Minister will correct me if I am wrong, but I think that was in secondary legislation, not primary legislation. These new clauses are about changing primary legislation. He has said that 34 local authorities have been turned around, and that was without changes to primary legislation. What prohibits social workers from doing their job—they see this time and again—is not primary legislation but guidance that varies from authority to authority, such as local authorities prescribing that children under two have to be visited every other day. We do not need primary legislation to change such things.
Edward Timpson
Once again, I am grateful to the hon. Lady for giving way. Those were indeed regulations that I was referring to, but I was trying to tease out from her whether she disagrees as a matter of principle with what the chief social worker was trying to say—that religiously following rules does not always lead to the best service being provided to children, and that local authorities that are more innovative and find different ways to provide services can be successful on the back of such changes. I wanted to find out whether she objected to that approach, or whether there was some other reason why she feels that something that happens under secondary legislation would not be appropriate for primary legislation.
Mrs Lewell-Buck
I have a problem with the chief social worker wanting to opt out of legal rules that have been in place and protected children in this country for decades and that are in primary legislation. That is our argument today.
Children England says that the exemption clauses would represent an unprecedented constitutional challenge to the principle of universal application of primary legislation everywhere and at all times throughout the land, and an equally fundamental challenge to the primacy of Parliament. At most, an exemption would require an affirmative resolution in Parliament, and such motions are almost never opposed. Historically, Parliament has passed 9,999 of 10,000 resolutions since 1965. What is the emergency that causes such far-reaching legislation? No evidence has been presented to explain why we are being asked to agree to the undoing of decades of protection. The fact is that it is not legislation that hinders effective children’s social care.
Professor June Thoburn, who received a prestigious award last year for her outstanding contribution to social work, said that none of the substantial body of research—some Government-funded and some independently funded—on the workings of the Children Act 1989, as amended, points to the need for any specific sections of the legislation to be suspended on the grounds that they are impeding flexible and good-quality practice. Action for Children and the NSPCC briefed the Commons in December, stating:
“Despite numerous conversations with ministers and officials, ?the evidence for the need for this power remains unconvincing and does not justify the potential risks of suspending primary legislation.”
The Department’s own factsheet accompanying the amendments states that local authorities have raised some ideas on how this power could be used, such as removing the requirement for an independent reviewing officer to be present at all reviews because some—only some—children say they do not want IROs present or to chair their reviews. That wrongly suggests that reviews are nothing more than a meeting or that the law prevents children from chairing review meetings. As the National Association of Independent Reviewing Officers has explained, IROs have a great deal of discretion in how they manage reviews for children and young people and are guided by the young person as to how they wish to make arrangements for their own reviews.
In 2015, the care planning regulations were amended by the DFE to allow children in recognised long-term foster placements to have increased flexibility in how their care plans are reviewed, and in particular to reduce the number of meetings if they wish. It is therefore a concern that there is so little understanding of the IRO role among those who seek to reduce or remove it.
IROs were created in response to judicial concerns that care plans agreed in care proceedings were not being followed. They are completely independent from day-to-day decisions. Without that independent oversight, a child may well be very unhappy in their placement, with no one to turn to. What if that child’s situation changes? Worse still, what if they are abused and have no relationship with their social worker and no IRO, and their carers are complicit in that abuse? We remove safeguards such as this at our peril.
Besides bringing an end to universal IROs, the factsheet includes four more examples affecting disabled children, adoption and fostering assessments, and care leavers. There are five examples in all in the Minister’s factsheet, with fewer than two pages of information, that could extinguish swathes of our legislation.
The Committee has been presented with more evidence against these amendments in a single month than the Government have managed to produce in favour of them in eight months. We have received detailed submissions from distinguished academics such as Professor Mike Stein, who has been researching the problems and challenges faced by care leavers for more than 40 years. He warns of the risk of returning to the failures of a discretionary system that resulted in both territorial and service injustices.
For robust critiques of each of the examples in the factsheet, I recommend that Members look at the submission from CoramBAAF. It says that removing legal protection from children on the basis of geography legally entrenches a postcode lottery, which the Minister has acknowledged and referred to as some small-scale variations in the past. He should be focusing on ending variation in children’s social care provision, not legitimising and increasing it.
I will repeat a line I have quoted before in this Committee from the NAO report “Children in need of help or protection”:
“Nationally the quality of help and protection for children is unsatisfactory and inconsistent, suggesting systemic rather than just local failure.”
The amendments do nothing to remedy that—indeed, experts tell us that they are likely to make matters a whole lot worse. Children and families living close by but across local authority boundaries could have different rights, and councils could have different statutory responsibilities. Courts would cover local authority areas where the law, as amended by the Secretary of State, was not uniform and not consistent. That could create a dangerous patchwork of legal protection.
Edward Timpson
I ask the hon. Lady to be very careful. I would like to know what she is insinuating.
Mrs Lewell-Buck
I thank the Minister; I will get to what I am insinuating very soon.
Some local authorities are being placed in an impossible situation. If they do not back the Government, is it fair to assume that they will not receive funding—especially given that, last October, many of them received a rather threatening letter from the chief social worker stating that if they did not back the new clauses they could never again complain about bureaucracy and grandly suggesting that this was a once-in-a-lifetime chance for them all to do the right thing? If she is so certain that this policy is in the interests of young people and children, why has she not shared her thinking with the Committee? It is telling that the Committee has received no evidence from her.
The fact is that the Local Government Association is being placed under immense pressure to back the new clauses. Is it not the case that only a small number of local authorities, if any, back them? Can the Minister tell the Committee that the Secretary of State’s intervention powers will never be used to coerce local authorities into applying for exemptions?
My final comments concern the Minister being well aware that much of the anxiety about the new clauses comes from the fear that they pave the way for the privatisation of child protection services. Despite new clause 2(3), those fears legitimately remain. If the Government are so resoundingly against profit in child protection, why, in the explanatory memorandum attached to the 2014 regulations, do they advise companies that subsidiaries of profit-making companies are not banned from running such services?
The Deregulation Act 2015 now means that social work services to individual looked-after children and care leavers operating outside local authorities are no longer required to register with Ofsted. Add to that the LaingBuisson review, commissioned by the Department at the behest of the chief social worker and two others, which gives advice on how the market could flourish in children’s social work and says that independent providers are happy to play the long game on a journey to whole-system outsourcing.
Companies such as G4S, Serco and Virgin Care have all attended meetings with the Department to consider how they can play a role in delivering and shaping statutory children’s social care services. It is little wonder that very few trusted the motivation behind the original clauses or that fears persist that behind this power is an insatiable appetite for breaking up children’s social care. The Minister has tried to distance himself from this report for which his Department wrote the terms of reference and which it funded, yet refused to release for a considerable time. Perhaps it is waiting until the Bill has passed through both Houses.
If the Minister really means what he says about profit and child protection, he should be seeking to prohibit subsidiaries of profit-making companies from delivering social care functions. Getting legislation right in children’s social care is extremely important. Our legal duties are vital in protecting those most in need. We should always approach change in this area with great care and caution, to ensure that children and young people are not put in any jeopardy.
The new clauses have no place at all in the Bill. I implore hon. Members to reject them and to bring an end to the enormous fear and concern that have built up outside the walls of this place. The Minister has not fully responded to the comprehensive critique from the Lords, and there remains a gaping black hole as to which legislation the sector is crying out to be exempted from, and who on earth is crying out for the exemption.
The Government should withdraw the new clauses as a matter of honour and out of respect for the vulnerable children and young people who depend on the legal protections that Parliament has given them over decades. The Minister may then undertake some robust and meaningful consultation, and could return to the House later if he wished.
Edward Timpson
I want to reassure the hon. Gentleman—I am sure this issue is something he will follow through—that the process I set out earlier is very clear. Every application that goes through that very rigorous process, which includes the application going through the expert panel and the Secretary of State then deciding whether to go ahead with a pilot, has to be put before Parliament so that it can decide whether that pilot should go ahead. It is a time-limited pilot; it does not change any legislation on the statute book in relation to children’s social care. There is rightly an opportunity for Parliament to have its say and express its view.
Steve McCabe
I am grateful to the Minister. It is absolutely fair that by negative or affirmative resolution there will be an opportunity for a small weighted Committee of Members of Parliament—like all Committees, its membership will be determined by the parliamentary majority—to determine that outcome. I would not want to mislead the Committee by pretending otherwise. None the less, the crucial decision about giving the Minister a blank cheque to remove protections will be taken today by this Committee. We will find out the consequences of that decision further down the line. That is the point I am seeking to make. In my view, that is innovative, but I am not sure it is the kind of innovation I want to be associated with.
Kate Green
I am afraid I have no idea. The Minister might be able to offer his reflections on that—if not immediately, perhaps he could come back to the Committee in due course.
As well as social care, the other area where there is real interest in Greater Manchester in moving forward with a combined authority footprint is the justice system—both the criminal and family justice system. I declare an interest: I am a life member of the Magistrates Association, which has raised particular concerns and submitted written evidence to the Committee. I am very unclear what the intentions are in Greater Manchester in terms of reshaping the justice system on that combined conurbation footprint.
The Magistrates Association has rightly pointed to the useful work of Lord Laming, which highlighted the need for a much more integrated approach to young people in the youth justice system. There are concerns that such integration could be impacted if the proposed pilots do not specifically engage with the justice agencies with which those young children might come into contact. It is unclear what impact the proposals will have on the family courts and on young people in the criminal justice system.
This is my final question to the Minister. In Greater Manchester and more generally, how does he see relationships between local authorities making suggestions for innovation sitting alongside the relationships that need to exist with a whole range of other non-local authority services with which children and families come into contact? It is not clear to me what happens if a local authority says that it wants to innovate in a particular way and take advantage of exemptions from current statutory positions if other public authorities say that that really is not acceptable to them or may conflict with their statutory obligations. Will the Minister explain to the Committee how such potential conflicts would be handled?
Edward Timpson
I am grateful for hon. Members’ contributions to this important debate, which have, understandably, provoked a lot of discussion on the attempt in these clauses to enable local authorities to try new ways of working with the sole purpose of improving children’s outcomes. We have had an opportunity to explore not only some of the detail around the process, which is a crucial part of this House’s scrutiny, but what we are seeking to achieve, and for me, that is ultimately the main driver behind these clauses.
I should say at the outset that the principle behind this approach is not necessarily new. I spoke earlier about the social work practices under the last Labour Government, and of course there are also the provisions that were brought in in 2002 by the last Labour Government to allow for innovation in education. In many ways, the proposals before us are closely modelled on those provisions. It is helpful to have that context when discussing how we try to do in children’s services what the last Labour Government tried to do in education.
I will do my best to address the many points made by hon. Members, and apologise in advance if I am unable to remember all of them, or to scribble quickly enough to ensure that I answer every question, but I will do my best. I want to start by talking about the question around the Secretary of State’s intervention in this process. I assure the House that it is absolutely not the Government’s intention to direct a local authority to use the power against its wishes. It is really crucial that the House understands that this is a grassroots power, designed for those working most closely for children; it is for them to decide how to use it. This is not a top-down policy. It is a bottom-up policy that enables local authorities, under their own steam, to come forward with their own ways of trying to improve outcomes for local children, which will then be closely scrutinised, as has already been set out. The Secretary of State’s powers of direction arise where a local authority is not discharging any of its children’s social care functions to an adequate standard. That is where it would apply.
Hon. Members have asked why we have chosen to exclude specific duties. I want to be clear that by excluding certain duties from the scope of the power, we are not signalling the wholesale disapplication of other duties that apply. The chief determinant of whether a pilot will be granted is whether it can promote one of the outcomes that I have outlined.
Steve McCabe
I think I must have misheard the Minister there. Did he say that it would apply where a local authority is not adequately discharging its duties?
Edward Timpson
What I said was that the Secretary of State only uses her powers of direction when they arise where a local authority is not discharging any of its children’s social care functions to an adequate standard. I apologise if I did not speak with enough eloquence, or provided one less word than necessary in that sentence to make it acceptable to the hon. Gentleman.
There are many aspects of legislation where I expect local authorities would find it extremely difficult to demonstrate how a change would be in the best interests of children. We are seeking to remove a small number of specific duties because they reflect the core responsibilities of local authorities to protect the wellbeing of children. We have taken extensive legal advice on exactly what those core duties would be, based on the legislative framework, and we have also worked with local authorities to make sure that we have the right aspects and duties in place to ensure that they are out of scope. We aim to put that beyond doubt, so that these core duties cannot be revisited. [Interruption.] I can see that the hon. Member for Birmingham, Selly Oak is itching to get up.
Edward Timpson
No, he is just listening intently. That is good to see. I should also reassure the hon. Member for South Shields that the principles that are set out—
Children and Social Work Bill [ Lords ] (Sixth sitting)
(Limited Text - Ministerial Extracts only)
Read Full debateTuesday 10th January 2017
(7 years, 11 months ago)
Public Bill CommitteesChildren and Social Work Act 2017 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 10 January 2017 - (10 Jan 2017)
The Committee divided: - Ayes: 10 / Noes: 5 - Question accordingly agreed to.
The Committee divided: - Ayes: 10 / Noes: 5 - Question accordingly agreed to.
The Committee divided: - Ayes: 10 / Noes: 5 - Question accordingly agreed to.
The Committee divided: - Ayes: 5 / Noes: 10 - Question accordingly negatived.
This text is a record of ministerial contributions to a debate held as part of the Children and Social Work Act 2017 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Chair
I remind the Committee that with this we are discussing the following: Government new clause 3 —Duration.
Government new clause 4—Parliamentary procedure.
Government new clause 5—Consultation by local authority.
Government new clause 6—Consultation by Secretary of State.
Government new clause 7—Guidance.
Government new clause 8—Annual report.
Government new clause 9—Interpretation.
The Minister for Vulnerable Children and Families (Edward Timpson)
It is a pleasure to have you in the Chair this afternoon, Mr Wilson. I am sure that Committee members have been spending their lunchtimes thinking carefully about what we spoke about this morning, and wondering what more I would say this afternoon. To ensure that we make good progress, I will address the specific points made before our break.
If I understood the hon. Member for South Shields correctly, she was questioning, as part of her response, whether the principles set out in the new clause were binding. I reassure her that any use of the power may be only for the purposes set out in the new clause, and for no other reason. That will also be clear in the statutory guidance. She also raised the issue of the Human Rights Act 1998; as with all legislation, new regulations would need to be compatible with the Act. The House also scrutinises all legislation.
Other hon. Members asked about situations in which a pilot was successful—as they will be in every case, we hope—or not successful. I will take a few moments to explain those two situations. All successful pilots will be evaluated so that we understand the impact and whether there is a case for permanent changes to the legislative framework. Such evaluation will be ongoing through the process, with a full review after three years.
If seeking to extend an exemption for a further three-year term, the Government would be required to report to Parliament. That would happen where the pilot has clearly demonstrated benefits, but the Government need additional time to decide whether it would work across the country. If, following a successful pilot, the Government decide that they would like to make the change for all local authorities, all the usual process would apply, including consultation and full parliamentary scrutiny. The pilot, however, is only the first step towards helping us build the evidence base on which we may want to make further changes in future.
Kate Green (Stretford and Urmston) (Lab)
Will the Minister clarify whether the evaluation would be independent? A concern expressed this morning by my hon. Friend the Member for Birmingham, Selly Oak was that local authorities might be evaluating their own pilots—marking their own homework.
Edward Timpson
Part of the evaluation is through the expert panel, which is involved in ensuring some independent oversight of the pilot, but it would need to be evaluated locally, as well as nationally. In addition to local government, the Department will keep a close eye on the development of the pilot; I will say a little more about that later.
If a pilot is not successful, it will be monitored locally, as well as nationally by the Department, to ensure that there are no adverse impacts on children. For example, we can track the relevant performance metrics, and random case audits are a helpful tool as well. As I mentioned in answer to the question from the hon. Member for Stretford and Urmston, the expert panel will scrutinise the proposed monitoring arrangements locally and by the Department to ensure that they are robust in what they are evaluating. If the Department gains intelligence through those processes that a pilot is not working in the best interests of children, that would be investigated and acted on immediately.
All regulations can be revoked through the negative procedure at any point. To answer a question posed earlier about whether a pilot can be terminated within the three-year period, I should say that it can be revoked at any point, should that be deemed necessary. That is clear in regulation. We will also want assurance in the application from a local authority that it will end a pilot immediately if there is evidence of an adverse impact on children.
Mrs Emma Lewell-Buck (South Shields) (Lab)
I am not sure whether the Minister will include this in his comments, but is not putting in the provision that a pilot can be revoked at any point if it is causing harm to children a backward way of doing things? Will he not accept the comments made by me and my hon. Friends that there should be robust consultation? The Bill should be built on the evidence now—not after the fact, to remedy mistakes once they have been made.
Edward Timpson
I understand what the hon. Lady says and take it in good spirit, but it misses the point of what these clauses are about: building an evidence base. We cannot future-proof all of children’s social care on the basis that we are already seeing failure—I will come to the geographical spread of success and failure across the country—irrespective of the fact that we have a very rigid and complex legislative framework within which all these local authorities have to work. In itself, that framework is providing the inconsistencies that it is meant to prevent. What we are trying to do in the Bill, in a careful and controlled way, is enable different ways of working that are not about what local authorities have to do but about how they do it. That is the purpose of the new clauses.
Hon. Members also asked what would happen if there was a situation where more than one local authority was in a pilot. New clause 9 makes provision for combined authorities to apply for use of the power set out in it. The hon. Member for Stretford and Urmston asked in particular about the Greater Manchester combined authority, which I think involves 10 local authorities that are currently working on their own devolution settlement. Of course, that may involve children’s services, because I understand that such services are part of their agenda. Where there is a combined authority, we will want to see any application made under these provisions, just as we would for any individual local authority.
Similarly, if a local authority was running a pilot and subsequently became a combined authority, it would need to reapply for any change or extension of the pilot. We will make sure that that is set out in statutory guidance, because that would clearly be a change in circumstances in respect of what would have been approved originally by Parliament. As a consequence, the authority would need to seek further approval.
The hon. Member for South Shields also returned to the issue of profit making. As I have said before and will say again now, the power to innovate has absolutely nothing to do with profit making in children’s social care. The clauses make it clear that it cannot be used to revisit the established position on profit, and we have also been clear that pilots are granted on the basis of achieving better outcomes for children and not on efficiencies. I do not see any evidence that this process could be linked to profit making and we will make it clear in statutory guidance that the local authority will be expected to use the financial impact assessment as part of its application, detailing the expected costs and benefits of a pilot. That information will also be available to the expert panel when it scrutinises applications.
Steve McCabe (Birmingham, Selly Oak) (Lab)
I have a point that I want to clarify quickly. The Minister said that new clause 9 refers to the situation of a combined authority, as established under section 103 of the Local Democracy, Economic Development and Construction Act 2009. Would it be possible for local authorities that do not fall within that state of affairs to come together? We have examples in London of local authorities that are already working jointly. Is there provision in what he is proposing for that kind of combination to exist? Also, regarding a specific combined authority, would it be possible for a Mayor to override his view about what provisions should apply?
Edward Timpson
The answer to the hon. Gentleman’s first point is yes, but of course the authority still has to comply with all the elements put in the applications and the process that follows in respect of the scrutiny of the application, and whether it is approved. There need to be very clear lines of responsibility and accountability within that, because ultimately it is the local authority that is responsible for providing those services; it holds that function.
As for the hon. Gentleman’s question about the Mayor, it is not one that I have been asked directly before; I know that it is becoming more relevant in some parts of the country. My initial view—I will clarify it later; if he does not mind, I will take some time to do that—would be that this is something approved by Parliament, which cannot be superseded by a Mayor or their powers. However, I will certainly seek to ensure that the hon. Gentleman gets chapter and verse on that point.
I also wish to consider the issue around consultation, which hon. Members have raised. The Department has had a period of very open consultation about the power and it has spoken with a wide range of organisations, including representative bodies of social work, local government, the voluntary sector, children’s organisations and others. Those meetings have been instrumental—indeed, critical—in forming our thinking on the new clauses, but we will of course continue to consult as we develop the detail of the process. We have committed to consult publicly on the statutory guidance to accompany the clauses and, as I have said before, there will also be consultation on each individual use of the power.
Mrs Lewell-Buck
Does the Minister not accept the information I shared with the Committee earlier: that there are far more organisations, practitioners and experts who are against the new clauses than are for them? More than 100,000 people have signed a petition against the measures. If the Minister really wanted to listen to the sector and the public, would he not be going back and deeply re-thinking the new clauses? Even the NSPCC has said:
“Despite numerous conversations with ministers and officials, the evidence for the need for this power remains unconvincing and does not justify the potential risks of suspending primary legislation.”
More than 50 organisations in this country who are experts in the field share that view. Why is the Minister not listening to them?
Edward Timpson
Of course I respect all the views expressed about the Government’s view on any policy. I am not somebody who will not listen; in fact, I dare suggest that I have a good track record of listening to those who have views on matters that fall within my portfolio. The truth is that no legislation under her party’s Government or this one has ever passed where people have expressed only one side of the argument. Can the hon. Lady tell me any different?
It is my job to listen to both sides of the argument but to come to a considered and informed view as a decision-maker in a position of responsibility to make legislation. I have already alluded to the many representations I have had that I cannot ignore, from the likes of the Local Government Association and the Children and Family Court Advisory and Support Service. I also mention the support from the Children’s Commissioner for the new clause, which I did not mention before. There is a balance to be struck. I accept that this is not an uncontroversial piece of legislation. It has provoked strong views, but is one on which, on balance, I think we have come to the right conclusion.
Simon Hoare (North Dorset) (Con)
Unless I am misreading new clause 2 and onwards, it would provide a power to enable local authorities to explore an innovative way of working: there is no compulsion. If they decide not to do that—if they do not want to do innovative, blue-sky work or whatever we wish to call it—there is no obligation for them so to do. It is an enabling power; it is not an enforcing power.
Edward Timpson
My hon. Friend is right: the whole purpose is to ensure that this is a grassroots movement from a local level. There is no direction from Government about how local authorities decide they would like to provide the services they are responsible for. If no local authority applies, that is the end of the matter. The reason we are debating the clause is that local authorities have come forward and said that they want to be able to do that. It is important that we listen to those who are on the frontline, charged with making decisions and bringing policy into action, when they come to Government with a very clear view about what they think needs to be done.
Mrs Lewell-Buck
I take the Minister’s point about consultation; there are always two sides to the argument, but the balance is heavily weighted against him on this measure. Other colleagues may correct me if I am wrong, but I have always held the belief that there is a history in this House of making child protection legislation—legislation that protects our most vulnerable children—on more of a cross-party consensus, as was the case with Children Act 1989, which is the flank of legislation used by all practitioners and all agencies when discharging functions in relation to protecting children.
The Minister said that local authorities are coming forward. I do not want to embarrass anyone, but when I asked one local authority that he had cited before as coming forward what power it wanted to be exempt from, it could not say. Is it not the case that there is just not enough support out there for these measures at all? The new clauses should be scrapped.
Edward Timpson
No. I fundamentally disagree with the hon. Lady. To answer the earlier question from the hon. Member for Birmingham, Selly Oak, the likes of Leeds City Council—one of our flagship children’s services councils—North Yorkshire, Lincolnshire County Council and the tri-borough, are all local authorities that have a strong track record in delivering high quality children’s social care. They understand the huge benefit that innovation in their services can make and has brought and they are at the front of the queue among those who want to trial many of these new ways of working. The tri-borough has said that it is
“excited about the ‘power to innovate’ clauses within the Children and Social Work bill. We believe this builds on the Munro Review of Child Protection in helping us to reduce unnecessary bureaucracy and to enable social workers on the front line to spend more time working with families and less time sitting in front of their computers and filling in forms.”
North Yorkshire says that it
“welcomes the opportunity…On behalf of the wider LA sector we are keen to safely explore whether there are freedoms from current national requirements which could be used to enhance local practice.”
I am not prepared to ignore the views of those who I know are at the front of children’s social work, delivering excellent services, who are still looking to improve and can help others to do likewise.
Steve McCabe
The Minister is being generous. I am also grateful for the information he has provided about the authorities looking for the opportunity to innovate. Can he tell us what kind of exemptions they are seeking? What are the powers that they feel are currently restricting their innovating practice and which they are seeking to be freed from?
Edward Timpson
I am sure that the hon. Gentleman took the time to read the letter that I sent round to all Committee members, which set out a number of examples of how local authorities think the power can be used. There is no presumption that those would be granted, of course: any application would need to go through robust scrutiny before it was agreed, as I have set out.
Edward Timpson
I am just answering the question from the hon. Gentleman, if the hon. Lady could be patient for a few moments. If the hon. Gentleman rereads the letter, he will remember that it talks about testing changes to the planning processes, trialling new approaches to the independent reviewing officer, more agile approaches to adoption and fostering assessments, and looking at different approaches to assessing friends and family carers.
Of course, the whole point of the new clauses is that it is not me telling local authorities, “This is what you must do”; it is for them, over time, to come up with their own ideas about how they think they can improve their services. It is not what they have to do, but how they do it. If that is a concept that some struggle with—not necessarily the hon. Gentleman, but perhaps some in his party—I am afraid we are never going to have a meeting of minds; we are not going to find the consensus that, I agree, we are able to reach in the majority of cases on child protection.
There is a fundamental disagreement about what we are trying to achieve and the way we go about it. I am absolutely sure that the approach we are taking will do what local authorities want and what Eileen Munro set out in her report almost six years ago.
Mrs Lewell-Buck
The Minister is being extremely generous. I read his letter in depth and the fact sheet that went with it. As I said in my opening comments, there are four examples that would get rid of vast swathes of legislation that protects children. Evidence from CoramBAAF to this Committee debunks every one of those four examples and highlights the extremely dangerous pitfalls there would be if that were to take place.
The Minister keeps quoting Eileen Munro, as if in her review in 2011 she recommended dispensing with primary legislation. She never did. That is what the Minister is trying to do, but Eileen Munro never recommended that.
Edward Timpson
I am sorry that the hon. Lady takes that view, because I was under the impression that the review into child protection carried out by Professor Eileen Munro in 2011 was widely welcomed and respected across the political spectrum. That is exactly what is reflected in the many Hansard reports I have read from across the House, in which hon. Members all lauded a report that finally got down to the nuts and bolts of why we need to have a system that, as the tri-borough rightly expressed in relation to this clause, gets social workers out working directly with families and away from being in front of a computer at their desks.
The reason why I keep quoting Eileen Munro is that she was the person charged by Government to provide an independent review, which has been considered, scrutinised and generally approved by this House as the way to go. I am often held to account for how many of Eileen Munro’s recommendations we have implemented, so I place credence in what she has to say about what we are trying to do, because she has already considered it and come up with a solution for Government, in her independent capacity. She says:
“I welcome the introduction of the power to innovate set out in the Children and Social Work Bill. This is a critical part of the journey set out in my Independent Review of Child Protection towards a child welfare system that reflects the complexity and diversity of children’s needs.”
I cannot ignore that, because it demonstrates that her report is still relevant in many ways. I would like to know whether the hon. Member for South Shields agrees with the Munro report. If she does, but disagrees with what Eileen Munro is saying now, what has changed? What is different? I cannot see where the logic would take us.
That is why it is important to allow local authorities such as Hampshire, North Yorkshire, the tri-borough and others—such as Richmond and Kingston with their “Achieving for Children” in Richmond—to try out new ways of working. They might not know, at the moment, exactly what those will be, but they need the opportunity to try them in a controlled, safe way. The Bill provides that without removing swathes of legislation. It enables them to trial or pilot a new way of working, exactly as was done with social work practices under the last Labour Government. Then a decision can be made about whether to go forward with it.
Mrs Lewell-Buck
The Minister seems to be painting the picture that I disagreed with Eileen Munro’s recommendations. I certainly did not. In fact, I strongly supported recommendation 10 that councils should have a legal duty to provide enough early intervention services, which this Government rejected. He listened to my opening comments. He knows why I disagree with the new clauses, and he knows why thousands of people outside this House do as well.
Edward Timpson
I am not sure what question the hon. Lady wants me to answer on the back of that, but I can reassure her that Eileen Munro said in her conclusion:
“A move from a compliance to a learning culture will require those working in child protection to be given more scope to exercise professional judgment in deciding how best to help children and their families.”
I still do not understand what there is in our clauses, according to the hon. Lady, that contradicts that approach.
There are a number of other issues that I want to cover before I conclude, because it is important that every question asked by an hon. Member receives a response. One question was about which of the measures would be within the scope in the Bill. IROs in particular have been mentioned as an example; it is only an example. There has been some debate about the possibility of relaxing IRO support. The local authorities interested in that approach are talking not about getting rid of the role in its entirety but about using it more flexibly; it is an important distinction to make.
The hon. Member for Birmingham, Selly Oak asked where improving outcomes is now in relation to the Bill. We have expanded the requirements that we set out in relation to new clause 2, replacing them with a more detailed set of requirements to ensure that the outcomes that we are seeking for the relevant children, whom I listed earlier, are much more clearly defined. We have also extended the consultation requirements on local authorities to go beyond safeguarding partners to include other relevant persons, particularly in relation to children and young people. The hon. Member for Stretford and Urmston mentioned schools, which are important and which we must ensure are part of the consultation where relevant.
Depending on the impact that the use of a power will have, it might be appropriate for local authorities to consult publicly, as they would in other circumstances. If the Secretary of State were dissatisfied with the extent of consultation, she could ask local authorities to widen it before agreeing to grant an application.
I risk of falling out a little further with the hon. Member for South Shields. She unhelpfully raised the link between funding and local Government support for these new clauses. I can categorically say there is no link between them and funding received by any local authority. The chief social worker was simply urging the profession to take this opportunity. I am sorry that the hon. Lady chose to try and suggest, or at least insinuate, otherwise and I hope she will disassociate herself from those comments.
In closing, I want to reiterate two points that must not be overlooked. First, this power is about grass-roots innovation. It is all about believing in and trusting professionals to test new approaches, and it is hard. The purpose of the power is to improve the services we deliver for children. If we look at who is calling for this power, it is not private companies or failing children’s services seeking to cut costs, but some of our country’s most inspirational leaders and innovative charities. To characterise this as something that is intended to take away support from children or even enable privatisation is to misrepresent our ambition and undermine the integrity and professionalism of staff who work with children on the frontline.
The new clauses being debated by the Committee today are significantly different from those debated in the other place, and I hope the Committee recognises that the Government have listened and taken substantial steps to put safeguards in place around the power. I remain ready at any time to discuss these new clauses further, but in the end, they are a genuine attempt to help local authorities test different approaches and better ways of working in the interests of children. I urge the Committee to support them.
Mrs Lewell-Buck
I want to make some brief concluding comments.
If Government Members want to vote for this, they should be able to articulate with total conviction and clarity which primary legislation—out of the lists provided by concerned organisations and individuals under threat— they are and are not comfortable with a local authority, even their own, opting out of. They must be able to articulate why they are happy to give local authorities the opportunity of opting out of supporting disabled children in their area or visiting vulnerable children in their area and why they are satisfied to do so against a groundswell of objection outside and inside the House, even among Government Members. What culpability are they prepared to accept when children in their area have been harmed as a result and claim redress from the state?
The Minister asked for support, but he has not articulated a case, built on strong evidence and stakeholder engagement, for why these clauses are needed. He has not offered any comfort or explanation to people who are seriously concerned about the threat that these clauses pose to vast swathes of legal protection, on which the most vulnerable children and young people rely. I have not been reassured that the endgame is not the marketisation of social work.
These clauses have been the main thrust of the Bill from the outset. They epitomise this ideologically driven Government at their very worst and set a precedent, as Liberty, CoramBAAF and others have said in their evidence, for changing the fundamental rules on how our country’s laws are made and how we are governed, which MPs on all sides of the House have always adhered to. I am deeply disappointed that this Minister, of all people, is going along with this. We on this side will never, ever go along with it.
Question put, That the clause be read a Second time.
Edward Timpson
I beg to move, That the clause be read a Second time.
This new clause supports our aim of establishing a new career pathway for social workers that recognises specialist, post-qualification expertise in child and family social work and will reinforce our focus on the quality of practice. It makes provision for the Secretary of State to determine and publish improvement standards for social workers in England, or to arrange for someone else to do so on her behalf. An improvement standard is a post-qualification professional standard which, if attained, demonstrates a particular expertise or specialisation. The Secretary of State will be required to consult before determining any improvement standards.
I would like to make it clear that these standards are distinct from the proficiency standards which the regulator, Social Work England, will set and which must be met by all social workers in order to register. The new clause is vital to enable the introduction of the national assessment and accreditation system which is a fundamental part of our national reform programme that seeks to ensure that all children and families get the support and protection they need.
We are all aware that child and family social workers do an incredibly important job under very trying circumstances, and we all thank them for it. They deal with complex and fraught situations that require great depth of skill, knowledge, understanding and empathy. To clearly set out what characterises effective work with children at their most vulnerable, the chief social worker for children and families, Isabelle Trowler, has published three statements on the knowledge and skills needed to operate at three levels of practice for child and family social workers. That includes frontline practice, supervisory roles and practice leaders. One of the Department’s priorities is supporting the workforce in consistently meeting these aspirations.
The knowledge and skills statements will form the basis of a national assessment and accreditation system for child and family social work, or NAAS. Child and family social workers will be accredited against these standards in order to recognise consistently the specialist knowledge and skills that child and family social workers, supervisors and leaders need in order to practise effectively. NAAS will provide, for the first time, a consistent way of recognising the specialist knowledge and skills needed by child and family social workers, supervisors and leaders to practise effectively. It will recognise progression through the child and family specialism, making clear what good practice looks like and what path a career in social work could take. Supporting social workers to improve their practice is vital when it comes to supporting the profession, and thus the children and families they work with.
We have carried out extensive work with the profession to establish what form assessment will take, and we have launched an open consultation to support our thinking on how the new system is to be rolled out. While there are no current plans for a NAAS for adult social work, this measure would enable the Secretary of State to determine and publish a similar set of improvement standards in relation to adult social workers in England. There is already a degree of specialisation in this area through the roles of approved mental health practitioner and best interest assessor. We intend to look closely at whether taking further steps in this direction for adult social work is desirable.
I trust that the Committee will support this important work to build the professional and public status of children and family social work and support the profession so that it can focus ever more closely on practice that delivers for vulnerable children. [Interruption.] I cannot conclude without hearing from the hon. Member for Birmingham, Selly Oak.
Steve McCabe
As I have said before, the Minister is extremely generous. I wanted to ask him about people who have acquired higher-level awards and qualifications as part of previous accreditation exercises. He will be familiar with the old CCETSW post-qualification award in children services. I think I am right in saying that the NSPCC ran a similar award at one stage. There are therefore practitioners who have a previous higher-level qualification award. Is it the Minister’s intention that their awards will be accredited or in some way fitted into the new framework or will those people now be expected to acquire an additional higher-level qualification?
Edward Timpson
This is a new form of accreditation and assessment. Over time, all practitioners who want to work in the field will need to be accredited against the new standards set out in the knowledge and skills statement. The difference now is that there are three different tiers. One of the things that has led to our bringing in this proposal is the strong feeling that there has not been a clear career pathway for children’s social workers. When they become experienced they may even become Members of Parliament or they end up in management, away from the frontline but still using their great expertise and knowledge about how to deliver good social work. They have an opportunity to supervise practitioners or to become a practice leader.
Those who are already accredited and have shown that they have relevant experience will be well placed to meet the new accreditation standards that are being set for supervisory and practice leader role. We hope that over time that will enable more of those very high-quality, well-versed and experienced social workers to remain active in social work, rather than our losing that precious commodity as they move into corporate roles within their organisation. I hope that explanation finds favour with the hon. Gentleman and that hon. Members will support the new clause.
Mrs Lewell-Buck
I have a few brief comments and questions for the Minister. I am a little concerned that we are seeing an attempt to put back into the Bill powers for the Secretary of State to determine professional standards and assess whether social worker practitioners meet them or not. It is right that Ministers should want to take action to improve standards, but will the Minister explain what those standards will be as they will be subject to secondary legislation and therefore not to intense parliamentary scrutiny? It is only right that the Committee is clear about the intention of the new clause and understands why the Secretary of State feels the need to determine professional social worker standards. It is also a little concerning that after the success in the Lords of the noble Lord Hunt as regards an arm’s length social worker regulatory body, new clause 10(1)(b) is now proposed. Will the Minister explain the rationale for the new clause and give assurances that there will not be Government interference, influence or Government-funded assessment activities of social workers against improvement standards?
The new clause attempts to reassert the role of the Secretary of State in setting standards and developing assessment benchmarks post-qualification. Could that not result in confusion and conflict with the role and functions of the proposed social worker regulatory body, or is the intention that the Secretary of State and persons appointed to assess improvement will be a de facto second regulator? I am sure the Minister agrees that that could have the adverse effect of creating confusion about who is setting and who is assessing standards. It could create more bureaucracy in an already highly complicated arena and would have an adverse effect on recruitment and retention—an area in which, as the Minister knows, the sector is already struggling.
After this morning’s debate, I cannot help thinking that there is an attempt to do something else with the new clause, especially as it has been introduced once again without any consultation or discussion with the social work sector. In answering my questions, can the Minister convince us otherwise?
Edward Timpson
I am grateful to the hon. Lady for her reasoned and helpful questions to try to establish what the new clause proposes. I think I have set that out in some detail already, but I will try to address some of the specifics that she has raised.
I have already given a picture of what the consultation has involved to date. It is also worth reminding the Committee that more than 1,000 social workers have volunteered to test out the assessment accreditation process as it is rolled out so that we can be sure that what we have at the other end is fit for purpose. There has been widespread involvement of the social work profession. This is not a new phenomenon. It is being brought in very carefully as regards this important change for those working on the frontline.
Mrs Lewell-Buck
It is a pleasure to speak in support of the new clause tabled by my hon. Friend the Member for Walthamstow, which would ensure that all local authorities would provide accurate, age-appropriate personal, social and health education, including age-appropriate sex and relationship education. I believe that we speak for most of the hon. Members in the Committee Room, and in the House more broadly, in saying that steps in such a direction are necessary and important to ensure that children can stay safe, happy and healthy in the 21st century. The current guidance in the area, as my hon. Friends have said, is out of date, and therefore woefully unable to address the challenges and possible dangers they outlined. The education system must respond to change in society to provide young people with the skills and knowledge they need to be safe. While guidance in PSHE and particularly in sex and relationships education is not able to do that, the dangers are clear, as is the case for acting.
I welcome the fact that the Minister and the Education Secretary seem to be coming round to the cross-party consensus on the issue, with suggestions in the media that the Education Secretary is planning a change of policy in that area. The issue is not about politics or partisan point scoring, but about protecting the best interests and the health of children. I am sure all Members in this room will agree that that must be one of our highest priorities.
The Bill offers an ideal opportunity for the Government to make the changes in our education system that are so badly needed. I hope the Minister will support the new clause tabled by my hon. Friend the Member for Walthamstow.
Edward Timpson
May I begin by congratulating the hon. Member for Walthamstow on a stoic effort when she is clearly under the weather? I wholeheartedly agree with the hon. Members who have spoken in what has been a helpful debate in teasing out the issues that surround these sensitive subjects. Now is the time to make sure that every child has access to effective, factually accurate, age-appropriate sex and relationships education and PSHE. That is why we are responding positively and strongly to calls for further action. I am grateful to the hon. Members for tabling this new clause.
Perhaps surprisingly, we have ended up with a greater level of consensus on this new clause than we have had on previous new clauses. As I have said in previous debates on the Bill, we hear the call for further action on PSHE and we have committed to exploring all the options to improve delivery of SRE and PSHE. We are actively looking at how best to address both the quality of delivery, rightly raised by the hon. Member for Stretford and Urmston, and accessibility to ensure that all children can be supported to develop positive, healthy relationships and to thrive in modern Britain today. We welcome the support in delivering this in a timely and considered manner.
The Secretary of State herself has made this a personal priority, as we have heard, and we will be able to say more at a later stage in the Bill about how the Government intend to secure provision that is fit for purpose, inclusive and supports all young people growing up in our country today. It therefore seems to me that we are all pursuing similar aims. We all welcomed the excellent report published on 13 September by the Women and Equalities Committee and the considered recommendations within it. We are unanimous that sexual harassment and sexual violence in schools in any form is unacceptable and should not be tolerated. We are much more alive to that and need to make sure that that is properly reflected in the way that we equip children in future.
As part of our response, published on 9 November, the Government have committed to work with other interested parties over the coming months to produce a framework to support schools to produce their own new codes of practice, setting out the principles for a whole-school approach to inclusion and tolerance to combat bullying, harassment and abuse of any kind. Alongside that we have also committed to building our evidence base to better understand the scale and scope of the problem, as well as providing best-practice examples of effective ways to work with boys and girls to promote gender equality and both prevent and respond to incidents of sexual harassment and sexual violence. We will also set up an advisory group to look at how the issues and recommendations from the Committee’s report can be best reflected within existing Department for Education guidance for schools, including the statutory guidance, “Keeping children safe in education” and our behaviour and bullying guidance.
Clearly, there is more that we need to do, which is why the Secretary of State is prioritising progress on the quality and availability of PSHE and SRE. In doing so, we must of course, as the hon. Member for Walthamstow said, look at the excellent work that many schools already do as the basis for any new support and requirements. As we know, sex education is already compulsory in all maintained secondary schools. Academies and free schools are also required by their funding agreement to teach a broad and balanced curriculum, and we encourage them to teach sex and relationships education within that. For example, many schools cover issues of consent within SRE, and schools draw on guidance and specialist materials from external expert agencies such as the PSHE Association, which produced the “Sex and Relationships Education (SRE) for the 21st Century” guidance in 2014. This supplementary guidance was developed by the PSHE Association, Brook, and the Sex Education Forum. It provides specific advice on what are sadly all too modern issues, including online pornography, sexting and staying safe online. The guidance equips teachers to support pupils on those challenging issues, developing their resilience and ability to manage risk.
In addition, Ofsted publishes case studies on its website that highlight effective practice in schools, including examples of how SRE is taught within PSHE. Examples include a girls’ Catholic secondary school that has used pupil feedback to enhance its programme to equip students to learn about healthy relationships and issues of abuse and consent. I do not dismiss out of hand the suggestion by the hon. Member for Birmingham, Selly Oak that innovation might have a place in this arena. There is much to commend his suggestion, and I will take it away and give it further thought.
We are also actively considering calls to update the guidance on SRE. As hon. Members have said, the guidance is out of date, and attempts since 2000 to update it have not come to fruition. The guidance is already clear that young people should learn about what a healthy relationship looks like, but it does not necessarily equip children with the skills and knowledge that they need in the world as it is today or ensure that the timeless nature of SRE that the hon. Member for Walthamstow spoke about is properly reflected.
Whatever we do, as hon. Members have said—including my hon. Friend the Member for North Dorset, in relation to faith schools—we must attempt to allow everybody with a view a chance to make their case. It is a sensitive issue, as everyone is aware, but we want to ensure that we bring as many people with us as possible. The broader the consensus, the greater the prospect that any change will be successful. As the hon. Member for Walthamstow is aware, I have already said that work is in train and we will return to these issues later, at a stage of the Bill when the whole House will have an opportunity to debate them.
Stella Creasy
It is great to hear that the Government are now working on this. My challenge to them is that I need some specific responses. The Minister talked about a framework. Will it be statutory? Over the last couple of years, we have seen clear evidence that because SRE is not a statutory part of the curriculum, it is not happening in too many schools. Some 60% of schools in this country are now academies; the measures that he is discussing cover maintained schools. Will his framework be statutory in all schools, including academies? When will it be introduced, and when will we see the difference?
I said to the Minister in my initial remarks that I would like him to address the question of when we will see the change. A consultation, a framework and guidance are great, but if there are no teeth—if SRE is not statutory and schools are not inspected on it—nothing will change on the timescale that we want. I say to him gently that all of us recognise the difficulties and sensitivities involved in the religious issues—that is why these matters are part of the new clause—but I am not sure that I know of any other policy area that has such overwhelming public support. The risk is that if we keep finding long grass, we can stay in it. Can he give us an explicit commitment now about what the framework will actually do legislatively?
The Minister talked about the Bill coming back at a later stage. We are at the end of Committee stage, so he was talking only about Report. That is not much time for all of us to consider it and ensure, if legislation is involved, that it will be effective. If legislation is not involved, the clear evidence is that any measures will not make a difference.
Edward Timpson
Just to be clear, when I talked about the framework, I was doing so in the context of the response to the report of the Women and Equalities Committee on sexual harassment in schools. It is a framework to support schools to produce their own new codes of practice on issues of inclusion, tolerance and combating bullying, harassment and abuse of any kind. It is not a catch-all framework for PSHE or SRE; it is specifically to deal with those issues raised by the Committee. It illustrates the seriousness with which the Government take those issues and the fact that we are prepared to do something about it, rather than just thanking the Committee for its work.
There is a balance—I know that the hon. Lady is trying hard to strike it—between giving the Government constructive assistance in finding a way forward and appreciating that this issue cannot be resolved with a new Secretary of State in a short period of time. There are lots of repercussions that need to be thought through. The last time that legislation was attempted in 2008-09—I think the then Minister was Jim, now Lord, Knight—that was played out for all to see. We therefore need to be careful about the process we set up and how we ensure that we bring people with us.
Stella Creasy
This is difficult. I thank the Minister for what he has said; I appreciate that it feels a bit as if every amendment and new clause I am involved in is a sticky wicket for him. I asked him some very specific questions about legislation and the need for legislative action on the issue, on which I think we all agree. He referred to 2008-09. There was an attempt in 2013 to make legislation, and that was pushed back by the previous Government for the same reasons that he is talking about. We have proposals and there is support for them.
Edward Timpson
There is an important distinction. The parallel I am drawing is with 2008, when there was an attempt by the Government to lead an independent review and to look at making changes. In 2013, the attempt was not by Government. We are talking about the Government coming forward with proposals. That is the parallel I am trying to draw, rather than looking at 2013.
Stella Creasy
The difference is that there was legislation in 2008-09, and the Minister will recall that it was caught up in the wash-up ahead of the general election. There is not legislation here, and that is what we are looking for now.
The parallel for me is with what my mother calls “eat the frog” moments. If a person has to eat a frog, there is no nice way of doing it, so they might as well just get on and eat the frog. There will be people who oppose whatever we try to do on this issue, and the Government cannot keep saying “at a later date” and not specifying anything.
Are we going to see a legislative proposal on Report? If we will not, then continuing to press the new clause is the best way we have of pushing to make progress. Members from all parts of the House agree that we need progress and a recognition that while we will never get it perfect, we can get good legislation. The failure to make progress over the past six years has let our children down. Unless the Minister wants to intervene and say, “We will commit to bring forward a legislative opportunity on Report”, however late in the day, I will press the new clause to a vote. It is important to set a marker.
I appreciate that Government Committee members are shaking their heads. I am sorry, but frameworks and guidance are what we have had for the past six years, and we are not making progress. As the Minister does not want to intervene, I will press the new clause to a vote.
Question put, That the clause be read a Second time.
Kate Green
I just want to say briefly that I support both new clauses tabled by my hon. Friends. In introducing the Staying Put legislation for young people in foster families, the Minister took a big step forward. I have seen the benefit of that in my constituency, including the fact that it has put pressure on the whole system to facilitate keeping those young people in the families that have been providing the foster care, including ensuring that the financial arrangements to support housing costs are consistent with the Staying Put legislation. I have had casework where a foster parent has come to me to say that she faced a cut in the household housing benefit, and we were able to push back on that to enable the young person to stay in the foster home post-18.
That is a really important lesson, if I may say so, in relation to young people leaving residential accommodation. We know that there have been very difficult conversations going on over the last year or so relating to financial support for supported accommodation, as referred to by my hon. Friend the Member for Birmingham, Selly Oak. The Government have delayed, on two occasions, changes to housing benefit as they would apply to supported accommodation, but delay is not a long-term answer to what is putting huge uncertainty into the circumstances in which housing providers of that particular kind of accommodation are able to plan for the future. We could send a really good, useful signal in this legislation about the need for proper, strategic underpinning of accommodation for young people whether they leave foster care or residential care. We need to provide continuing housing support for them as young adults. This legislation is an important opportunity to reinforce that as our starting priority, which is the best interests of those young people.
I hope that the Minister will respond favourably to both new clauses. I think that he did a very good thing with the Staying Put legislation and it would be good to see that extended to the benefit of all looked-after, and formerly looked-after, young people so that we can really do everything. As my hon. Friend the Member for Birmingham, Selly Oak said, we should, as corporate parents, do what parents would do for their own children.
Edward Timpson
I am grateful to hon. Members for tabling these new clauses. They would place a duty on local authorities to secure sufficient accommodation for care leavers up until the age of 21 and would extend the existing Staying Put duty to those children leaving residential children’s homes. I understand the purpose behind both the new clauses and agree that care leavers should be supported to access the accommodation they need.
As a backdrop, it is worth going to the start of these Committee sittings and remembering some of the other aspects in the Bill in respect of corporate parenting principles, the care leaver offer and the extension of the personal adviser to every care leaver up to the age of 25 when requested. This is not an area where we have been neglectful. On the contrary: we are the first Government I am aware of who have managed to pull together a comprehensive cross-Government strategy on care leavers and get commitment from a whole range of Departments in areas where we know care leavers particularly require help and support.
I remind the Committee that local authorities are already responsible for providing suitable accommodation to all care leavers aged 16 to 17. When care leavers reach age 18, local authority leaving care teams are responsible for helping care leavers access suitable accommodation. Their new home must be suitable for their needs and linked to their wider plans and aspirations—for example, living close to work or college.
The tapered support offer that already exists for care leavers, which clause 3 will strengthen, is designed to help move young people away from dependence. The corporate parenting principles we are introducing in clause 1 will also ensure that local authorities remain focused on providing appropriate support as care leavers move to independence.
When a care leaver is homeless or at risk of homelessness, the homelessness legislation provides strong protection for them. Local housing authorities have a statutory duty to house care leavers under the age of 21 if they become homeless and people over 21 who are vulnerable as a result of being in care. Statutory guidance for councils also makes clear that those leaving care should be treated as a priority group for social housing.
The Government recognise the importance of improving practice and are funding the homeless charity St Basils to work with local authorities to improve joint working between children’s and housing services, to help them develop accommodation pathways for care leavers that provide a range of options, reflecting care leavers’ readiness to live independently. The Government are also supporting the private Member’s Homelessness Reduction Bill, which will place duties on local housing authorities to provide targeted information and advice for care leavers on preventing homelessness.
Another accommodation option for young people leaving foster care—it has already been mentioned—is Staying Put, which we introduced in 2014. That enables young people to stay living with their former foster carers where that is what they both want. The latest data show that, encouragingly, more than half of 18-year-olds who were eligible for Staying Put are now choosing to do so.
New clause 20 would extend Staying Put to young people leaving residential care. I completely agree with the hon. Member for Birmingham, Selly Oak that those young people should have the same opportunity as those in foster care to maintain relationships with their former care givers. That is why earlier this year, after the research that the hon. Gentleman mentioned from the NCB and others, we asked Sir Martin Narey to conduct a review of residential care. Like the hon. Gentleman, Sir Martin believed that simply extending the Staying Put duty to those leaving residential children’s homes was not the right answer and that the Government should test variations of Staying Close—I am afraid we are back into innovation territory—as an alternative to Staying Put for those leaving residential care. In July, we accepted his recommendations and committed to introducing Staying Close for all those leaving care through that route.
We are not biding our time. On 21 December, we invited local authorities to bid to run pilots, through which we will learn what works to deliver Staying Close, as recommended by Sir Martin Narey. We will use that information to make sure that the future roll-out is fully effective and properly targeted.
Mrs Lewell-Buck
Will there be an option in Staying Close for children in residential care to remain in their residential placement if they wish to, or not? Mr Wilson, I should probably have declared at the outset that I am a patron of Every Child Leaving Care Matters, which campaigns on this issue.
Edward Timpson
The hon. Lady will be pleased to know that we have been working very closely with the Every Child Leaving Care Matters team, so that it is able to positively contribute to the work and look at the different models that we need to test out through the piloting of Staying Close. In that way, the needs of each individual young person can be met by the range of models available. Some of the early innovation that has already taken place through the children’s social care innovation programme has shown, interestingly, that there are different types of arrangements that work for different young people.
For example, in North Yorkshire we have the No Wrong Door project, which is centred around having a consistent keyworker throughout not only the young person’s time in care but also their time leaving care, irrespective of the place that they are then in. That is built around the concept, which has come through the care inquiry and other routes, that helping maintain those important relationships through that transition can be as beneficial as anything else that we do to support them.
The House Project in Stoke has set up a housing co-operative run by care leavers, who are responsible for managing their tenancy. They have formed their own community, have a good social network and continue to be well supported, but they are starting to gain a sense of independence. I think that the answer to the hon. Lady’s good question is that we want to ensure, through the piloting, that we allow the opportunity to try all the different options available for young people leaving residential care. There are already some residential care settings that keep on young people beyond 18. We need to discover through the pilot what level of demand there is for that and where it is right for that to be done.
Mrs Lewell-Buck
Just to clarify the option to remain in some of the models that the Minister has said are being explored, will there be an option for children who want to remain in residential care to do so, or will there not? I am not clear from his response so far.
Edward Timpson
We have accepted the recommendations of Sir Martin Narey that there should not be a duty to provide that for every young person leaving residential care. Through the piloting of Staying Close, we want to consider the different opportunities to find not just the right accommodation solution but the right relationships and pathway into independence for each of those young people.
I think that that is the right approach, and a sensible and proportionate way to respond to the consistent view of the hon. Member for Birmingham, Selly Oak on staying in residential care. Having now understood the basis for his new clause, I hope that I have given him a sense that we are travelling in a direction that accords with where he hopes to go. However, there is still some work to do, and we have committed in our response to Sir Martin Narey’s report to rolling the measure out across the country, so that every young person leaving residential care will have the opportunity to continue with the support received by those in foster care.
Children and Social Work Bill [ Lords ] (Seventh sitting)
(Limited Text - Ministerial Extracts only)
Read Full debateThursday 12th January 2017
(7 years, 11 months ago)
Public Bill CommitteesChildren and Social Work Act 2017 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 12 January 2017 - (12 Jan 2017)
The Committee divided: - Ayes: 4 / Noes: 8 - Question accordingly negatived.
The Committee divided: - Ayes: 4 / Noes: 8 - Question accordingly negatived.
The Committee divided: - Ayes: 4 / Noes: 8 - Question accordingly negatived.
This text is a record of ministerial contributions to a debate held as part of the Children and Social Work Act 2017 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Kate Green (Stretford and Urmston) (Lab)
I want to add a few remarks in support of the new clause, to which I added my name.
The recent conclusions of the UN Committee on the Rights of the Child identified where the UK has so far failed to put effective law, policy and resources in place to protect and promote children’s human rights. The report of the Joint Committee on Human Rights on the Bill also concluded:
“the Government’s assertion that legislation is already assessed for compatibility with the UNCRC is not borne out by the evidence.”
I am aware of concessions made by the noble Lord Nash during the passage of the Bill in the House of Lords, including commitments to raise awareness of the convention through Civil Service Learning and to hold a roundtable with civil society organisations over the course of this year. However, those commitments do not go far enough. They will not have the impact of a due regard duty in strengthening compliance with the convention across the board.
What Opposition Members are asking for is very simple. In order to ensure that a systematic and robust accountability mechanism is in place to take account of and protect children’s rights now and in the future, we need to embed these rights within our own statutory body. We have these commitments under international law. We made them many years ago, as my hon. Friend the Member for South Shields pointed out. We profess to take them seriously in policy development, so I cannot see why we would not be prepared to reflect them in statute and to ensure accountability if the commitment is not borne out in practice.
Political commitments by this Minister and this Government will not be enough. Children cannot be put at risk by political cycles. Responsible Governments have to build on a framework of legislation that protects children for not only today but the future. Paying due regard to the UN convention sends a signal worldwide that we want to be better as a country at protecting children, and that means we are in a strong position to use our international influence with others while improving things at home.
A national approach to strengthening children’s rights is a crucial foundation for ensuring every child everywhere can have a better life, but equally important is ensuring that those agencies children encounter on a day-to-day basis are also driven by respect for children’s rights. Rights become most real for children at the local day-to-day level, in their homes, in their schools—I have seen some immensely impressive examples of rights-respecting schools—in their communities and through their contact with local services and practitioners.
A children’s rights framework such as the one created by the new clause would embed the convention in children’s services and other public authorities working with children and families, no matter where they are. It would enable public authorities to better safeguard, support, promote and plan for the rights and welfare of children in their area.
I would like to know what evidence the Government have that there would be difficulties with incorporating the convention into UK statute, that it would not be effective to do so or that it might turn out to be a box-ticking exercise. If the Minister has such evidence, perhaps he will put it before the Committee. My view is that the implementation of such a duty at a national level would rest with the Government and that ensuring that it is more than just ticking a box is therefore in their hands.
If the Government insist on pursuing a non-legislative approach to children’s rights, will the Minister commit to introducing a comprehensive child rights framework across Government to improve on the current commitments and set out how that framework could have the same effect as a due regard duty? We need to understand how and, importantly, when such a framework will be introduced to ensure that children’s rights are not forgotten once the opportunity presented by the Bill has passed.
The Minister for Vulnerable Children and Families (Edward Timpson)
I am grateful to Opposition Members for raising the important issue of the United Nations convention on the rights of the child, to which the Government are fully committed. We have already taken and continue to take steps to raise awareness of and strengthen action to promote the rights that the convention contains, as well as the safety and welfare of children more generally. Implementing the UNCRC has been a continuous process by successive Governments since its ratification in 1991, and we must never cease to look for new and better ways of promoting the rights and interests of children. However, the question is what the best way to achieve that is and what will have the most impact on changing behaviours and improving the way in which we consider children’s rights in policy making.
The Government do not believe that introducing the duty set out in the new clause is the right way to achieve those goals. As has been mentioned, a UNCRC due regard duty was debated in the other place, where Lord Nash set out clearly the Government’s position and why we think that such a duty is not the best way forward.
Our commitment to the UNCRC is already reflected in legislation. For example, the Children Acts 1989 and 2004 set out a range of duties to safeguard and promote the welfare of children. Section 11 of the 2004 Act places duties on a range of organisations, including local authorities, the police, health services and a variety of other agencies, to ensure that their functions and any services that they contract out to others
“are discharged having regard to the need to safeguard and promote the welfare of children”,
which is one of the key rights set out in the convention. In 2013, we issued statutory guidance to directors of children’s services that requires them to
“have regard to the General Principles of the United Nations Convention on the Rights of the Child (UNCRC) and ensure that children and young people are involved in the development and delivery of local services.”
Recent legislation in the area—particularly the Children and Families Act 2014, which I took through the Bill Committee, as well as many aspects of this Bill—provides further examples of how we constantly seek not only to protect children’s rights but to enhance them. Ofsted plays a role in assessing the experiences of children and young people and testing the quality of support through the single inspection framework. The Children’s Commissioner has a statutory function of promoting and protecting the rights of children, having particular regard to the UNCRC. Those responsibilities and powers were strengthened in the 2014 Act.
So there is a lot in place already, but I agree with Opposition Members that there is more we can do. There is no doubt that introducing a duty is one of those options. The hon. Member for South Shields spoke about Scotland and Wales. Although they have ratified the convention, they have not incorporated it into their domestic law, as is the case in England. Both have more recently gone down the route of a “having regard” duty, but they have chosen significantly different approaches and it is still too early to understand fully what the consequences of those different approaches will be. However, I will continue to look carefully at their emerging impact and, having assessed that, will remain open-minded about the right way forward in due course.
Although we are not persuaded that the duty is the right approach, we agree on the need to focus on changing the culture so that officials and practitioners think about children and their rights as an integral part of their everyday work. In many ways, that is the concept behind the corporate parenting principles set out in clause 1. I want those who work with children, particularly those who work with the most vulnerable children, to recognise that that concept is a moral imperative and see the benefits of better policy and delivery that it will bring. As was pointed out by the hon. Lady, we issued a written ministerial statement in October last year. It is about changing culture across Government at both the national and the local level. We also responded to the UN’s concluding recommendations through that WMS and a letter from the permanent secretary to his counterparts across government. We are determined to follow through with a number of other significant measures designed to embed children’s rights in Whitehall and beyond.
Kate Green
I am very encouraged by much of what the Minister is saying and by the additional work to embed a framework to protect children’s rights. If, having done that and evaluated its effectiveness, the Minister thinks it is a very short step to adopting fully a duty to have due regard in law, would he be willing to consider doing so?
Edward Timpson
I have said that the process is ongoing. It has developed over many years, with Governments taking different approaches but all trying to improve our ability to respond to the convention in how we carry out domestic law in this country. I do not see that that process will ever have an end, so of course we need to remain open-minded about where we go in future. As things stand, we have set out a comprehensive programme of work, which gets to the heart of what will make a difference: that those charged with the responsibility of making or delivering policy have, at heart, an understanding and appreciation of children’s rights and an ability to have them at the centre of their thinking. I hope that that gives the hon. Member for South Shields a sense of the strong commitment of the Government to the UNCRC. I also hope that she will withdraw her amendment.
Mrs Lewell-Buck
I thank the Minister and am pleased that he has made some acknowledgement of the fact that the Government’s way is not working and that there is more work to be done. I am happy to withdraw the amendment on the basis that my hon. Friends and I will be monitoring what the Government are doing very carefully. We look forward to a formal response to the UN committee’s concluding observations, which I am sure the Minister will provide in due course. On that basis, I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 15
Sibling contact for looked after children
“(1) In section 34(1) of the Children Act 1989, after paragraph (d) insert—
“(e) his siblings (whether of the whole or half blood).”
(2) In paragraph 15(1) of Schedule 2 to the Children Act 1989, after paragraph (c) insert—
“(d) his siblings (whether of the whole or half blood).”’.—(Mrs Lewell-Buck.)
This new clause would ensure that children in care are allowed reasonable contact with their siblings.
Brought up, and read the First time.
Mrs Lewell-Buck
I beg to move, That the clause be read a Second time.
This new clause relates to improving sibling contact for children in care. The Children Act 1989 requires local authorities to allow a looked-after child reasonable contact with their parents, but there is no similar provision for a looked-after child’s contact with their siblings or half-siblings. Work by the Family Rights Group shows that half of all sibling groups in local authority care are split up and that those in residential care are even less likely to be living with their brothers or sisters.
The Children and Young Person’s Act 2008 includes a duty on local authorities to place siblings together as far as reasonably practicable as that is generally the best option for them. I accept that in some cases, such as when there has been inter-sibling abuse, separation may be deemed necessary. However, the main barrier to siblings being placed together is a dire shortage of foster placements able or equipped to take sibling groups. Research has shown that the average number of sibling foster carers is one per local authority, and some have none at all. Even when there are sibling carers, there are no figures for how many siblings they can take. It could be a group of two, three, four or five.
That is the backdrop against which sibling contract is so important. If siblings cannot be placed together, they should have the same rights defined in legislation to have contact with one another as they do with their parents.
Many siblings who come from neglectful or abusive backgrounds often state that their only constant, positive and reassuring relationship is with their siblings. After all, they have a shared experience—and no matter how horrific it is, it is something only they truly know about. For a younger sibling, the older one is the only person who kept them safe. It is never appropriate for an older sibling to take on that role, but it is a fact that they often do.
Separating siblings in such circumstances can have consequences on placement stability and create anxiety for both the younger and older one. The younger may be worried about their new environment with strangers in an unfamiliar environment without their older protector, and the older may be in a similar situation, as well as not knowing how their younger sibling is coping or who is looking after them. If siblings have known only adults who cause them harm, the initial days in placement until they feel safe with their new carers are the most precarious.
Efforts to increase the number of carers who will take sibling groups have not matched the scale of demand. As the number of children in care rises, it is unlikely that the number of carers will catch up any time soon. In this context, it is right that sibling contact is given the same prominence as parental contact. It cannot be right that our legislation gives more weight to a child’s contact with those who may have or have caused them significant harm than with their siblings who are totally blameless.
Removing a child from a family home is one of the most traumatic and heartbreaking experiences for any children’s social worker. It means that the relationship dynamics of working with a family to improve children’s lives and to make sure they are protected from harm have reached crisis level. This may be an emotional overload for professionals, let alone the family, and often involves the police, violence, tears and aggression. The list goes on.
I recall from my own practice many occasions when I was left with a child alone in a car after the initial trauma of removing them, and having to explain to them at some roadside that not only were they going to be living somewhere else for a period that no one was sure about, but that they were going to be separated from their siblings. That is the most painful of all. No matter how the situation is explained, children often feel that that is the end—of not only their family, but their relationships with their siblings. As each child in a sibling group is dropped off at their respective placement, there is muted relief that they are safe, but deep sadness that they are completely alone.
The wheels of social services then spring into action. Solicitors for parents demand in court to have contact, as enshrined in legislation for parents, and that is arranged with urgency. In a resource-poor environment, what has to be done is often what is done first. Other issues, such as guidance that recognises the importance of maintaining contact with siblings, take a back seat and are deemed a lesser priority.
Many siblings see each other at contact with their parents, which can be three or four times a week for one hour, but they rarely have sibling-only contact. When they do, it will be monthly or considerably less often. Worse still, if that sibling is a newborn or not a full sibling, contact with their parents is separate and plans for their future are made separately. That breaks that early attachment between newborns and their elder siblings before it has fully developed, leaving an unimaginable feeling of loss for the siblings. However, the parents’ contact with the newborn is upheld, even if all of the children could be reunited at home with their parents, or if they are placed for permanence together, which again brings more difficulties when settling into a new permanent home.
The sibling relationships of children from abusive homes are the most enduring. A recent Ofsted study found that 86% of all children in care thought it was important to keep siblings together in care, while more than three quarters thought councils should help to keep children in touch with their siblings. A recent Centre for Social Justice report stated:
“One of our greatest concerns is that the bonds between siblings in care, which can lead to greatly valued lifelong relationships, are being broken.”
We all know that guidance is no substitute for a clear duty. While not everything can be in the Bill, if we really value and understand sibling relationships we should absolutely allow their voices to be heard in the legislation.
Edward Timpson
Again, I thank the hon. Lady for her amendment. I have a lot of sympathy for what she said and welcome many of the points she raised. Like her, I have extensive experience of situations in which decisions are being made about brothers or sisters’ futures together. Those are often difficult decisions, not only because of the circumstances in which those children happen to be, but often because of their complex family relationships.
The hon. Lady raised practical points about finding placements for them that meet all those children’s needs. I was chair of the all-party parliamentary group on looked-after children and care leavers before becoming a Minister, and I heard at almost every meeting of the need to listen to children who value their relationship with their sibling. I hope that most of us know from our own lives that it is our brothers and sisters who provide us with the most enduring relationships throughout our whole lives. Sibling contact can provide continuity and stability for a child—particularly those who are vulnerable at a time of uncertainty and, possibly, great change. It can help a child to maintain their identity in what could be an unfamiliar environment for them, and it can help to promote their self-esteem and provide them with additional emotional support.
I do not disagree with much of what the hon. Lady said. It is a matter of making sure that we have the balance right in legislation, so that those who are making those difficult decisions are able to do so against a backdrop of understanding the importance of those relationships for those children, but always in those children’s best interests. The new clause seeks to add an express duty to the Children Act 1989 for local authorities to allow a looked-after child reasonable contact with his or her siblings, which is absolutely right when it is in the best interests of the child.
I reassure hon. Members that that is already provided for under existing legislation, and any reading of case law, in Family Law Reports or elsewhere, will reveal that, in contact cases, sibling contact arrangements are carefully considered by the courts before they make a decision. Section 34(2) of the Children Act 1989 states:
“On an application made by the authority or the child, the court may make such order as it considers appropriate with respect to the contact…between the child and any named person.”
“Any named person” includes, as is well established in law, half and full siblings. Similarly, schedule 2(15)(1) to that Act requires local authorities to endeavour to promote contact between the child and any relative, friend or other person connected with the child if that is consistent with the child’s welfare and is reasonably practical.
Matters relating to sibling contact are also spelt out in the Care Planning, Placement and Case Review (England) Regulations 2010. If a child has a sibling for whom the responsible authority or another authority are providing accommodation, and the children have not been placed together, arrangements must be made to promote contact between them, so far as is consistent with the child’s welfare. Also, matters relating to contact with parents and siblings must be included in a child’s placement plan.
Kate Green
I rise to add briefly to my hon. Friend’s remarks. The Minister will be aware of the rise in the number of care proceedings initiated—my hon. Friend alluded to that—and the disparity in outcomes for different ethnic groups. There are much higher instances of children from certain ethnic backgrounds being in care compared with the population as a whole.
I particularly draw the Minister’s attention to the appalling outcomes for Gypsy, Traveller and Roma children. I have been looking at the figures for March 2011 to March 2015. They show that the number of looked-after children from Irish Traveller backgrounds rose from 50 to 90. The number is small, but the increase is large. For Gypsy and Roma children, the number rose from 90 to 250 children over that period. That is an increase of 177% in the number of Gypsy and Roma children in care, which is shocking when compared with the overall rise in the number of children in care.
Gypsy and Traveller family networks are exceptionally strong. Family is very important to those communities, so it particularly concerns me that we are seeing such high numbers of those children being taken into care when it seems likely that family members could in many cases provide suitable care for those children. That would enable them to maintain links with their communities, heritage and families.
While I appreciate that we are talking about a small number of children in the grand scheme of things, it is a vulnerable group of children who suffer particularly poor outcomes. I hope that the Minister will acknowledge the opportunities that exist for family care for those children and undertake to look with colleagues at what can be done to improve their chances of remaining in family care.
Edward Timpson
The new clause would insert a new subsection into section 47 of the Children Act 1989. My understanding from what the hon. Member for South Shields said is that the first part of the new clause would require local authorities to
“identify and consider the willingness and suitability of any relative, friend or other person connected with the child”
who may need to become looked after before starting formal care proceedings. I agree that children and young people should be supported to maintain relationships with relatives and friends where that is possible and in their best interests. Such relationships are often crucial in providing continuity and preserving the child’s sense of belonging to a wider family network.
The statutory guidance already requires local authorities to consider relatives and friends as carers at every stage of the decision-making process. Section 22C of the 1989 Act provides that where a child is looked after and not able to live with a parent or other person with parental responsibility, local authorities must give preference to a placement with an individual who is a relative, friend or other connected person. The individual must be a local authority foster carer in order to ensure that they can provide the high-quality care and support that the child needs.
The court orders and pre-proceedings statutory guidance and the care planning, placement and case review statutory guidance, which accompany the 1989 Act, reinforce that position. Local authorities must demonstrate that they have considered and, where appropriate, prioritised family members at each stage of the decision-making process and at the earliest opportunity. In addition, existing secondary legislation allows local authorities to place a looked-after child with a relative, friend or other person connected with the child for up to 16 weeks, even if that person is not a local authority foster parent. That allows the child to be placed with that relative, friend or other connected person until they become a local authority foster parent or other more permanent arrangements can be made. In such circumstances, the local authority must have assessed the suitability of the relative, friend or connected person and be sure that the arrangements will safeguard and promote the child’s welfare and meet the child’s needs as set out in the care plan.
The second part of the new clause would require local authorities to offer a family group conference to those with parental responsibility for the child before starting formal proceedings. The court orders and pre-proceedings statutory guidance is clear that local authorities should consider referring the family to a family group conference service if they believe there is a possibility that the child may not be able to return to their parents. Promoting the use of interventions at the pre-proceedings stage is important, and we are committed to doing so. For instance, we have previously funded the Family Rights Group to develop family group conference services, working with local authorities across the country, including North Yorkshire, Essex and Lancashire. We have also provided £4.85 million of funding to Leeds City Council, as the hon. Member for South Shields referred to, through the children’s social care innovation programme, to embed restorative practice across its children’s services, including by introducing an entitlement to family group conferences.
Mrs Lewell-Buck
I thank the Minister for that response. I hope that when we next meet to discuss all the matters he has committed to discuss with myself and others on the Bill, he is open to exploring how often this situation occurs, because the example I gave is not isolated. If the Minister is prepared to explore further incidences such as I have raised, I would be happy to withdraw the new clause.
Edward Timpson
As I indicated, I always have an open-door policy, and this is no exception. Because it is an area that both of us, as Minister and shadow Minister, have cause to remain interested in, it makes perfect sense for us to continue that dialogue beyond this Committee.
Mrs Lewell-Buck
I beg to ask leave to withdraw the clause.
Clause, by leave, withdrawn.
New Clause 18
Assessment of physical and mental health and emotional wellbeing needs
‘(1) In section 22C of the Children Act 1989, after subsection 11 insert—
“(11A) Regulations made under subsection (11) must make arrangements for—
(a) the assessment of a looked after child’s mental and physical health and emotional wellbeing needs, and
(b) the assessment of the mental and physical health and emotional wellbeing needs of relevant and former relevant children.
(11B) Subsection (11A) shall come into force at the end of the financial year ending with 31 March 2019.”’—(Tulip Siddiq.)
This new clause requires the Secretary of State to make regulations for mental health assessments for looked after children. A time delay in commencement is included to allow time for the pilots to be completed before details of the regulations are decided.
Brought up, and read the First time.
Tulip Siddiq
It is a pleasure to serve under your chairmanship, Mrs Main, and to speak to new clauses 18 and 19. Following the Prime Minister’s announcement that she wants to employ the power of Government to deal with mental health problems across society, I hope that these new clauses will not prove contentious to the Minister and Government Members.
According to the Care Quality Commission’s report last year, “Not seen, not heard”, almost half of children in care have a mental health disorder. Worryingly, the Department for Education’s report on young people leaving care shows that they have five times the risk of a suicide attempt of their peers. We tabled new clause 18 because we believe that mental health assessments are important tools for identifying mental health conditions early. Barnardo’s has made the point over and over that mental health needs must be met early to avoid crisis points.
Last year, the Government argued that automatic mental health assessments for children in care and care leavers would be stigmatising, and that it would not be appropriate for them to have mental health assessments at a given time. We have taken that on board. Bearing in mind what the Government have said about stigma, our new clause does not propose automatic mental health assessment for all children in care and care leavers at a specific time. Instead, we simply seek to ensure that the changes to mental health provision are supported by primary legislation.
By agreeing to the new clause, the Minister could ensure that the Government give mental health priority at every level, and that the Bill covers children in care and care leavers. New clause 18 would allow the Government to incorporate the outcomes of the recently announced mental health assessment pilots into regulations, and I hope that he will support it.
The same goes for new clause 19, which would improve outcomes for looked-after children by clarifying the duties for cross-agency working between local authorities and health partners and elevating the roles of designated professionals into primary legislation. Children in care and care leavers need someone who can ensure that health and social care services meet their particular mental health and wellbeing needs. Children in care currently have a designated doctor and nurse tasked with assisting local commissioners in addressing the health needs of looked-after children in their area, but the problem is that their exact responsibilities are unclear. Many local areas struggle to fill posts, and where posts are filled, professionals report that they are unable to influence planning decisions.
The Alliance for Children in Care supports stronger requirements for the role of designated doctors and nurses for looked-after children, as they believe that would begin to address current shortcomings and enshrine the role of designated professionals in legislation. I hope that the Minister will listen to the experts and the views that I have outlined and support the new clause.
Edward Timpson
I thank the hon. Lady for raising the important issue of the mental health and emotional wellbeing of looked-after children and care leavers. Improving mental health services and support for all children and young people is a priority for the Government. As she reminded the Committee, on Monday 9 January, the Prime Minister announced that the Department for Education and the Department of Health would work together to produce a Green Paper on the mental health of children and young people. That Green Paper will consider specifically how to build on what has already been done since “Future in Mind” to bring together a practical strategy for improving specialist mental health services, as well as how to improve preventive activity to help and support children and young people from nought to 25 years.
The paper will cover all relevant parts of the system—not just health but the care system, schools, universities and families. I agree that looked-after children and care leavers should receive the best possible assessment of their needs and then the necessary mental health support, but unfortunately, we know that not all such young people experience the best possible response. I have seen at first hand, both in my constituency and in my previous practice, how transformative timely and high-quality mental health support can be. Sadly, I have also seen the consequences where that is not provided.
However, improvements to mental health assessments are unlikely to be delivered by additional legislation; it is better practice on the ground that will deliver a better response to children’s needs. There are already legal requirements for health assessments, covering both physical and mental health, for looked-after children on their entry into care. Under the Care Planning, Placement and Case Review (England) Regulations 2010, all local authorities must set out a care plan for looked-after children, which must include a health plan setting out what arrangements the authority will make to meet the child’s health needs. A child’s health is expressly defined as including emotional and mental health.
To help inform the health plan, local authorities are required to carry out a statutory health assessment for all looked-after children on entry into care. It must be carried out by a registered medical practitioner and must address physical, mental and emotional health. Guidance from the medical royal colleges sets out the knowledge, skills and competences needed to undertake the assessments. Department for Education and Department of Health statutory guidance on care planning and promoting the health of looked-after children emphasises the importance of mental health, developmental milestones and social and relationship skills, which form part of a statutory health assessment.
Although the law and statutory guidance are clear, I share the concerns of the hon. Member for Hampstead and Kilburn about the quality of the initial health assessments for looked-after children and about whether in practice enough importance is placed on mental health needs. We listened to the issues raised by the Select Committee on Education, organisations such as the National Society for the Prevention of Cruelty to Children, and Baroness Tyler and other peers. As a consequence, we have announced that we will establish pilots to test new approaches to mental health assessments for looked-after children.
I am happy to reiterate that commitment today. Initial meetings have already taken place among DFE, Department of Health and NHS England colleagues, who will take forward that work with a view to beginning pilots in April or May. The pilots will give us an opportunity to test and explore a range of approaches, building on the findings of the Education Committee and other research in this area. We may, for example, look at the skills and training of those carrying out healthcare assessments, and particularly at assessment methods and identification tools, and models of multi-agency working. I am also keen that children and young people themselves help to shape the pilots and inform best practice in this area.
Alongside the pilots, the expert working group on the mental health of looked-after children provides a huge opportunity to improve the mental health support that children in care receive. How looked-after children’s mental health is assessed is a focus for the group, crucially alongside the services that are put in place to support those children. The expert group is looking not only at entry into care but at suitable assessment support as a continuum across the child’s life. That includes the support that they receive on leaving care, including through routes such as special guardianship or adoption.
It is important that we do not pre-empt the group’s findings. Legislating before the expert group’s report and the pilots would risk tying the Government to a legislative option that may not make the tangible improvements to services that young people need. At worst, it would stymie the ability to use the findings from the expert group and the pilots in the best way possible for children and young people. We are committed to acting on those findings. Should they recommend that further legislation is needed, the Government will of course consider introducing it at that point. I appreciate that the hon. Lady’s new clause would come into force after the pilots have finished, but it simply duplicates what is already set out in law. In our judgment, what is needed is a change in practice on the ground, not in legal requirements.
Turning to the needs of former relevant children, looked-after children should have a review of their care plan, including their health plan, prior to leaving care. Consideration of their health needs, including mental and emotional health, should already be part of the review. We know from young people themselves that one of our priorities needs to be to get the transition between child and adolescent mental health services and adult services right. To improve practice regarding that transition, in December 2014 and January 2015, NHS England published new service specifications for commissioners, giving guidance and best practice on the transition from children and adolescent mental health services to adult services or elsewhere. Those specifications intentionally do not stipulate an age threshold for transition. They state that transition should be built around the needs of the individual, rather than their age.
I turn briefly to the proposed duty on local authorities to promote looked-after children’s physical and mental health and emotional wellbeing. There is an existing statutory duty under the Children Act 1989 to safeguard and promote the welfare of looked-after children. Promoting a child’s health is an integral part of promoting their welfare, and the regulations and statutory guidance on care planning are explicit that health includes mental and emotional health.
In addition to what I have already set out, we have further strengthened the legal position by making explicit reference to physical and mental health in the corporate parenting principles in clause 1. A Government amendment in the other place on the subject has been widely welcomed. It means that all local authorities in England will be required to have regard to the need to promote the physical and mental health and wellbeing of all looked-after children and care leavers. I hope that reassures the hon. Lady enough that she will be able to withdraw her new clause.
Tulip Siddiq
I thank the Minister for his response. The trials and pilots are a welcome step forward. With some reluctance I will withdraw the new clause, although it would clarify the exact positions of the designated professionals and put a little more practice into looking after a vulnerable group. Opposition Members will keep a close eye on this matter, because the Government’s record on mental health in all areas so far has been appalling. However, I will withdraw the new clause, because I appreciate the points about defining what the trials cover and the outcome of the pilots that he proposes and the Green Paper. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 21
Designated support for family and friends carers
“(1) In the Children Act 1989, after section 17ZI insert—
“17ZJ Designated support for family and friends carers
Each local authority must appoint at least one person as a designated lead for family and friends care, to co-ordinate the provision within their area of family and friends care support services.”” .—(Mrs Lewell-Buck.)
This new clause would provide kinship carers, council staff and other agencies with clarity as to who is the named senior manager with responsibility for family and friends care in the authority and who has responsibility for ensuring that the local authority complies with family and friends care guidance.
Brought up, and read the First time.
Mrs Lewell-Buck
I beg to move, That the clause be read a Second time.
It is me again, Mrs Main—[Hon. Members: “Hear, hear!”] The new clause provides that every local authority should designate a lead person who has responsibility for family and friends carers. As the Minister knows, there are a multitude of arrangements whereby a child may be cared for by extended family or friends. At times there will be no or limited involvement from children’s services in some of those arrangements. That can make it difficult for carers to know who to turn to should they need help or advice or if their situation changes. Having a senior lead manager within local authorities who can ensure that the authority is effectively meeting its responsibilities to all children in family and friends care and complying with statutory family and friends care guidance is important.
DFE statutory guidance on family and friends care states:
“The Director of Children’s Services should identify a senior manager who holds overall responsibility for the family and friends care policy. He or she will need to ensure that the policy meets the statutory requirements, and is responsive to the identified needs of children and carers.”
However, a 2015 study by the Family Rights Group examined 53 English local authorities’ family and friends care policies and found that one third made no reference to a senior manager with such responsibility. The new clause seeks for that to be a duty in primary legislation. It should not be an additional burden on local authorities as they should be complying already. In areas where that is not already common practice, the clause would provide family and friends carers and others clarity on who to contact. The duty already exists for adoption; adoption support services legislation states that an adoption support services adviser, whose role is to give advice both to adopters and to the local authority about adoption support and services, needs to be in place in each local authority. I can see no reason why other permanent carers of children under arrangements other than adoption should not be afforded the same support.
Edward Timpson
I am afraid it is also me again, Mrs Main—[Hon. Members: “Hear, hear!”] I was not trying to tee that up, but I am grateful to my hon. Friends for their response. I am also grateful to the hon. Member for South Shields for the proposed new clause, which would introduce, as part of the Children Act 1989, a new requirement on local authorities to appoint a designated lead for family and friends care who would be responsible for co-ordinating the provision of family and friends care services within their area.
I am sure we all recognise and appreciate the valuable contribution made by family and friends across the country who care for children who, for whatever reason, cannot live with their parents. It is important that all family and friends carers are aware of and able to access support services so that they can provide the high quality care that children require. Our statutory guidance on family and friends care already requires local authorities to publish a policy setting out their approach to promoting and supporting the needs of all children living with family and friends carers. The policy must be updated regularly and made available widely.
Importantly, the statutory guidance clearly states that a senior manager must hold overall responsibility for family and friends care to ensure that the local authority’s policy meets the identified needs of children and carers. As such, I do not believe it is necessary to appoint a designated lead for family and friends care. Such a requirement would be over-prescriptive and would reduce the ability of local authorities to respond to local needs in the way they consider best.
To ensure that local authorities are fulfilling their duties properly, I wrote to all directors of children’s services in October last year. In my letter I reminded them of their duty to have an up-to-date and comprehensive family and friends care policy, as well as a senior manager with overall responsibility for the policy that others would be aware of. I asked them to send a web link to that policy, and the details of their named lead, to the Family Rights Group. I will ask officials for an update from the Family Rights Group to ascertain how the situation appears as regards the details we have requested.
In addition, we provided £150,000 of funding to Grandparents Plus and three partner organisations in 2015-16 to develop an early help model for family and friends carers, to ensure that they are aware of, and can get access to, the support they need. The model includes website materials and bespoke training for professionals. I believe that that is the approach that is required. I have had the opportunity to have several meetings with the Family Rights Group during the passage of the Bill, and remain open to further constructive discussion about what more we can do with the group to improve practice on the ground. I hope that the hon. Lady is reassured that in the circumstances she can withdraw her new clause.
Mrs Lewell-Buck
I was pleased to hear about the Minister’s proactive engagement with the Family Rights Group on the issue, and beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 22
Extending Placement Orders to Special Guardianship Orders
“In the Adoption and Children Act 2002, after section 21, insert—
“21A Placement orders: special guardianship orders
(1) In this section a placement order is an order made by the court authorising a local authority to place a child, whom that local authority has decided should be placed under a special guardianship order, with any prospective special guardian who may be identified by the authority.
(2) A “prospective special guardian” is a person who is entitled to apply for a special guardianship order with respect to a child under section 14A(5) of the Children Act 1989.
(3) The court may not make a placement order in respect of a child unless—
(a) the child is subject to a care order,
(b) the court is satisfied that the conditions in section 31(2) of the Children Act 1989 (conditions for making a care order) are met, or
(c) the child has no parent or guardian.
(4) The court may only make a placement order if the court is satisfied—
(a) that no other permanence order is appropriate and that only a special guardianship order will meet the needs of the child, and
(b) in the case of each parent or guardian of the child—
(i) that the parent or guardian has consented to the child being placed under a special guardianship order with the prospective special guardian identified by the local authority and has not withdrawn consent, or
(ii) that the parent’s or guardian’s consent should be dispensed with.
This subsection is subject to section 52 (parental etc consent).
(5) When making a decision in any proceedings where the court might make a placement order, the court must apply the welfare checklist under section 1(4) of this Act and must consider the whole range of powers available to it in the child’s case (whether under this Act or the Children Act 1989), including making no order.
(6) On the making of a placement order and until such an order is revoked—
(a) any existing child arrangement or supervision order ceases to have effect,
(b) no other order may be applied for, and
(c) a care order is suspended.
(7) A placement order continues in force until—
(a) it is revoked under section 24,
(b) a special guardianship order is made in respect of the child, or
(c) the child marries, forms a civil partnership or attains the age of 18 years.””—(Mrs Lewell-Buck.)
This new clause would extend the provisions for placement orders under section 21 of the Adoption and Children Act 2002 to special guardianship orders.
Brought up, and read the First time.
Mrs Lewell-Buck
I beg to move, That the clause be read a Second time.
The new clause would extend the provisions for placement orders under section 21 of the Adoption and Children Act 2002 to special guardianship orders. I have argued in discussion with the Minister at various times that there is a need for special guardianship to have the same status as adoption. Children who are placed with members of their wider family under SGOs have had the same difficulties as those placed for adoption. Often, they may never before have met the members of the wider or extended family with whom they are placed, and they may move to another part of the country, as is the case with adoption.
Unlike what happens with adoption, however, because there is no severance of parental rights many children under special guardianship maintain contact with their parents. The parents could have harmed them in some way—hence their removal from their care in the first place—so special guardians, in many instances, have even more difficulties than adopters. They must manage complex family relationships while attempting to build a relationship with the child in their care. I assure the Committee that that is far from easy.
That is why it is vital that when SGOs are made it is on the same robust terms as adoption, and there should be a requirement, as with adoption, for thorough and robust assessment, including placing the child with the new carers to assess the suitability of the placement. Only when those requirements are satisfied should the matter return to court, so that the applicants can be supported in the making of the SGO.
At present there is no comprehensive legal requirement for anyone to conduct a full, thorough assessment of a potential special guardian. The court can make the orders of its own volition. Statistics published by the Department for Education show that 3,830 special guardianship orders were made in the year ending 31 March 2016. The total number of SGOs granted has come close to doubling since 2010 when 1,780 were made. I have stated before in the House that because the process of applying for an SGO is less stringent and because an order can be made without any testing of the placement, meaning that that the process is less arduous and time-consuming than adoption, SGOs are being misused.
I know that the Department has already done some work to look at that, but I am not aware of any figures on SGO breakdown. However, I know anecdotally and from practice that it can be common, yet such an outcome can cause immeasurable harm to all those involved. A clear lesson learned from fostering and adoption is that the assessment process allows families the opportunity to conclude that it is not the right course of action for them. Under the current SGO arrangements family members are far too often hurried through an assessment process that allows insufficient time for proper assessment, and allows them no time to reflect on their commitment to a life-changing and lifelong decision.
In recent years the Government issued a statutory instrument requiring greater attention to be paid when reports on special guardians are prepared for the court to the needs of the child and to the potential of the special guardian to meet them in the short term and throughout the child’s life. However, that is clearly not enough. Courts are not allowed to make adoption orders easily, and they should not be allowed to make SGOs easily. That approach has widespread support from the family judiciary, the Children and Family Court Advisory and Support Service and many directors of children’s services. Knowing the Minister’s professional background prior to coming to this place, I would be very surprised if he was against this new clause.
Edward Timpson
I thank the hon. Lady for tabling the new clause, which seeks to improve decisions about whether to place a child under a special guardianship order. I recognise the problems that she is trying to address and agree that we need to improve decision making about permanence options for children who cannot live with their birth parents. Indeed, that is exactly what clause 8 seeks to do—to improve permanence decision making. Uncharacteristically, I not only agree with the synopsis of the hon. Lady but would say that in some ways, she has gone further than I would in trying to resolve the issue. Clause 8 is part of trying to do that. As Andy Elvin of the Adolescent and Children’s Trust—TACT—said:
“All of this is eminently sensible. In practical terms it will raise the evidential bar for all care planning. The biggest impact, rightly, will be on special guardianship order assessments.”
That needs to be addressed because, as the hon. Lady set out, we have seen an exponential rise in the use of special guardianship orders without confidence in the assessment process to establish whether the carer named in the order has sufficient ability to look after that child and meet its specific needs for the duration of its time in their care, up to the age of 18. Clause 8 seeks to look at the longer-term requirement.
Mrs Lewell-Buck
I am not entirely clear where clause 8 refers to special guardianship orders. If the Minister could clarify that, it would be helpful.
Edward Timpson
Under clause 8, when a court is making a decision about a child’s future permanence arrangements, whatever order that may be under, it has to consider the child’s long-term needs and the abilities of the carer. The carer may be a long-term foster carer or a special guardian, or the child may be returning home, but they have to demonstrate the qualities and abilities necessary to meet that child’s specific needs in not only the immediate but the long term. That is an important distinction.
As the hon. Lady said, one concern is that some assessments for special guardianship orders have been cursory at best. That has led, in some cases, to the breakdown of the placement. We all know that that is the worst possible outcome for the child involved. We carried out an important piece of work with those in the court system, in children’s services and in the charitable sector to understand what was driving those decisions and the breakdown of those placements. Our response was to tighten up and make more stringent the assessment process required before someone is approved as a potential long-term carer for a child under a special guardianship order.
The hon. Lady asked about evidence on breakdown rates. I recall that Professor Julie Selwyn from Bristol University carried out an extensive piece of research a couple of years ago, which showed that the breakdown rate for special guardianships was around 6%—double what it was for adoption. I know the figure for those returning to care was much higher, and I can share that with the hon. Lady once it is to hand.
There is cause to look at rectifying that and coming up with the right approach. We must ensure that in doing so, we give the court the tools it needs to make not only the right decision but a timely one. However, I am not convinced that the approach the hon. Lady proposes in the new clause is the right way forward. I want to take a few minutes to explain why so that she is fully aware of the reasons we do not support the amendment.
Mrs Lewell-Buck
Does the Minister not agree that it is important that an SGO placement, as it is the same as an adoption, has an opportunity to be tested to avoid further breakdowns? The Minister quoted Andy Elvin from TACT; the new clause has the support of TACT.
Edward Timpson
I am aware of that. Mr Elvin is also very supportive of the changes we are making in clause 8. It is worth reminding the hon. Lady that I do not think there is the universal support for the new clause that she suggested. There are mixed views about what the right approach is and that is why we need to tread with some caution on the way forward.
The majority of special guardianship orders are given to carers with whom the child is living. They are cases where the child already has that relationship or is already in a caring situation. For the few who are not, the proposal would provide an opportunity, as the hon. Lady has said, to test the special guardianship placement in practice and allow the special guardian to reflect on the additional responsibilities they are taking on.
In some cases, that is very sensible. However, we believe that there is already sufficient flexibility to allow for that in the current system if a local authority and court believe that more time is needed to carry out a full assessment of a potential special guardian. Without boring the Committee too much about my previous life at the Bar, I recall a number of cases where there were adjournments of hearings in order for that to take place. Courts have the right to adjourn care proceedings to allow more time for an assessment to take place.
Although we have encouraged courts to complete care proceedings within 26 weeks, the rules are clear that this time can and should be extended where it would be in the interests of children to do so. In many cases, that happens where a potential special guardian has been identified late in care proceedings. We hope that the emphasis now on more pre-proceedings work will ensure that there are fewer cases where at the last minute a new potential carer comes forward.
Other courts have granted care orders to allow the local authority to place the child with a foster carer or kinship carer who is a potential special guardian—that is another route to test a placement—and the special guardianship order is then applied for after the child has lived with the carer for a few months and after a full assessment of their parenting capacity and skills has been carried out.
Although good decision-making is crucial, I am not persuaded that the introduction of a new special guardianship placement order is the best way forward. Indeed, there might be some risk that an order of that kind could encourage delay or instability, if courts and local authorities were to use it as an opportunity for a trial period for an arrangement that has little potential to succeed. That could cause harm for the child in the long term, if they move to a new placement.
In agreeing with the hon. Lady about the synopsis, we part ways somewhat when it comes to the solution. As she has acknowledged, we are already making changes through regulation and in the Bill to ensure that any assessment for a potential carer as a special guardian is as robust as it would be for any other placement. We know that we need to try to improve the long-term stability of those placements to avoid the unnecessary breakdown that we are seeing in some cases. On that basis, I hope that the hon. Lady will agree to withdraw the new clause.
Mrs Lewell-Buck
The Minister is consistent in disappointing me today. He said that the majority of SGOs are where children are already living with their carers. What about the minority? Surely they deserve the new clause to be in place, because one placement that breaks down for any child is devastating and we should not be allowing it to happen. I will therefore press the new clause to a vote.
Question put, That the clause be read a Second time.
Edward Timpson
Again, I thank the hon. Member for South Shields. I agree with the new clause in its entirety that, where it is appropriate, safeguarding partners and relevant agencies should work together across more than one authority area. That is provided for in clause 21 of the Bill. I suspect that the fact the hon. Lady did not refer to elements of that in her speech suggests that she is not pushing that issue.
Cross-area working relationships can also be beneficial in respect to arrangements made to support foster carers. We recognise the challenging but valuable and rewarding role that foster carers have, and the positive impact that they make to the lives of many vulnerable children and young people. My own parents fostered for more than 30 years, so I am fully versed in not only the demands of foster care but the huge benefits that it can bring not only to the children being looked after but to the foster family themselves.
I have no doubt that all such foster carers, some of whom were recognised in the new year’s honours list only a few weeks ago, are among the most impressive people. They give up not only their time, but their homes and often their lives in order to look after children who have no blood connection to them. Whether through altruistic tendencies or a need to reach out, they feel a strong urge to be there for those children, often in difficult circumstances. We recognise the challenge, and it is important that all foster carers are seen as a key part of the team working with a child. They should receive the right support and training to meet the emotional and physical needs of the children in their care.
Regulations, statutory guidance and the national minimum standards apply across England. They make it clear that fostering service providers should make available the training, advice, information and support that foster carers need to look after the children placed with them. That includes practical, financial and emotional support. Fostering services are, however, given some flexibility to deliver in a way to best meet local need. The Government also recommend a national minimum allowance for foster carers. It is for the fostering service to decide the payment systems, but we expect all foster carers to receive at least that allowance, and many receive more.
We recognise, however, the need to keep the fostering system under review. That is why we have committed to undertake a national fostering stocktake. As the hon. Member for South Shields is aware, the stocktake will be a fundamental review of the whole fostering system. It will consider, among other issues, the allowances, support and training that foster carers receive.
The stocktake will be an opportunity to examine many of the issues that the hon. Lady has raised, as well as local variations in practice, and to identify good practice—for example, in how local authorities work with other agencies to recruit and support foster carers. The movement is national and needs a national response. Crucially, the stocktake will help us better understand what changes are needed, and identify practical next steps to bring about sustained improvement to the foster care system. We will work closely with all partners to understand how best to improve outcomes for children in foster care.
We have already begun work on the stocktake. We have started a thorough analysis of available data and statistics. Alongside that, we have commissioned a literature review of all the available evidence on foster care. Both those pieces of work will be completed in the first quarter of 2017. Further information, including the launch of a call for evidence, will also be published in the next few months.
I share the hon. Lady’s commitment to ensure that foster carers are valued, for both personal and professional reasons, and that the right support is in place. We now have an opportunity for her and other colleagues to contribute to the stocktake, to ensure that we continue to support what I think is one of the most precious roles in our society, and one that we should help to nurture for the future of vulnerable children in our care.
Mrs Lewell-Buck
Given the Minister’s comments, I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
Ordered, That further consideration be now adjourned. —(Mr Syms.)
Children and Social Work Bill [ Lords ] (Eighth sitting)
(Limited Text - Ministerial Extracts only)
Read Full debateThursday 12th January 2017
(7 years, 11 months ago)
Public Bill CommitteesChildren and Social Work Act 2017 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 12 January 2017 - (12 Jan 2017)
The Committee divided: - Ayes: 5 / Noes: 8 - Question accordingly negatived.
This text is a record of ministerial contributions to a debate held as part of the Children and Social Work Act 2017 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Mrs Lewell-Buck
As we have discussed previously in Committee in relation to my proposed amendments to clause 3, care leavers are particularly vulnerable to early pregnancy and to losing a child to the care system or adoption. That, on top of the feelings that many new parents have, brings additional challenges.
Under the Children and Families Act 2014, babies and children who are looked after, either under a care order or by way of a voluntary agreement under section 20 of the Children Act 1989 with the child’s parents, can be placed under foster for adoption with potential adopters who are approved as foster carers. That was a welcome move, but as with many legislative changes, some of the consequences and pitfalls of the legislation were not known until it became embedded. We now have a situation whereby a child who is looked after under section 20 may be placed in a foster for adoption placement without their young parents having had a right to free independent legal advice and representation, and without any court scrutiny of the process or any court decision that the child should be permanently removed from their parents. Once a child is living with a potential adopter, it is much harder for the parent to persuade the court that the child should be returned to their care, because of the status quo argument, which is aimed at minimising disruption for the child.
New clause 24 would deal with that injustice. It would ensure that where a parent was in care themselves or a care leaver and a foster for adoption placement was proposed for their child who was voluntary accommodated, that parent would be entitled to non-means-tested and non-merits-tested public funding. That would be entirely consistent with what is available to persons with parental responsibility during the pre-proceedings process.
There are also a small number of cases in which parents are not entitled to non-means and merits-tested legal aid when the court is deciding, following an application from the local authority, whether to make a placement order for a child. A placement order permits the local authority to place the child for adoption. In such circumstances, the local authority and the child will have a legal representative at court, but the parents may not, because there have been no earlier care proceedings—for example, where a voluntarily accommodated child has been in a foster for adoption placement, because in that situation a young parent may have had no legal aid—or because care proceedings have concluded and a placement order application is subsequently made.
Young parents who are themselves in care or care leavers are at particular risk of that injustice. The Centre for Social Justice reported in 2015 that 22% of female care leavers become teenage mothers—that is three times the national average—and that one in 10 care leavers aged 16 to 21 have had a child taken into care.
Sir James Munby, president of the family division, has cited the observation of Mr Justice Baker:
“The justification for automatic public funding in care proceedings is the draconian nature of the order being claimed by the local authority.”
Given that a placement order is equally if not more draconian, the same rationale should apply.
New clause 25 would close the loophole and give parents legal advice and representation when the state is proposing to remove their child or children from their care. Surely the Minister can see that, as things stand, there is the potential for miscarriages of justice, and that miscarriages of justice are taking place.
The Minister for Vulnerable Children and Families (Edward Timpson)
I thank the hon. Lady for tabling new clauses 24 and 25. They seek to extend access to free legal aid to parents who are themselves looked-after children or care leavers and whose children have been voluntarily accommodated under section 20 of the Children Act 1989 and are to be placed in a foster for adoption placement or are subject to a placement order application. A long-established view enshrined in law is that children are best looked after within their family unless intervention in that family’s life is necessary. Indeed, that is one of the fundamental principles of the 1989 Act.
When children are looked after, provisions in the Legal Aid, Sentencing and Punishment of Offenders Act 2012 that came into force in April 2016 mean that legal aid is available to parents in specified public law family proceedings. That includes legal services relating to care orders, as well as placement and adoption orders, and incorporates advice in relation to orders that are contemplated.
A local authority cannot accommodate a child voluntarily under section 20 without parental consent, and in such circumstances the parents may remove them from the local authority accommodation at any time. However, when the local authority considers that the child is at risk and that it would be in their best interest to remain looked after, it may apply for a care order. When a local authority informs parents of the intention to initiate care proceedings, those parents, including those who are looked after or are care leavers, become eligible for civil legal services free of any means test in the usual way.
However, I understand the concerns that have been raised about the application of fostering for adoption to voluntarily accommodated children. When a local authority starts to consider adoption as an option for a child, the adoption agencies regulations already require the local authority to provide a counselling service for the child’s parent or guardian, including explaining to them the procedure and legal implications of adoption. They also require the local authority to notify the child’s birth parents in writing that it has decided to place the child in a fostering-for-adoption placement before the local authority’s nominated officer can approve the placement. Those provisions apply to all parents, including those who are looked after or are care leavers.
In relation to care leavers and placement order applications, we are not aware of any care leaver who has been refused free legal aid to challenge an application for a placement order. If the hon. Lady has examples or has been made aware of cases where that has happened, it would be helpful if she shared them with us to that we can investigate them.
When a local authority applies for a placement order outside care proceedings, the vast majority of care leavers will be entitled to free means-tested legal aid, as they are likely to meet the criteria. However, in the light of the points raised by the hon. Lady and, I believe, the Family Rights Group as part of this debate, I have asked my officials to talk to their counterparts at the Ministry of Justice, which holds responsibility for the legal aid budget, to see whether there are any gaps that need to be addressed. I hope that on that basis, the hon. Lady will withdraw the motion.
Mrs Lewell-Buck
On that basis, I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 27
Placing children in secure accommodation elsewhere in Great Britain
“(1) Schedule (Placing children in secure accommodation elsewhere in Great Britain) ends at the end of the period of two years beginning with the day on which this Act is passed.”—(Mrs Lewell-Buck.)
This new clause would revoke provisions in the Bill that enable local authorities in England and Wales to place children in secure accommodation in Scotland, and vice versa, two years after the Act comes into force.
Brought up, and read the First time.
Question put, That the clause be read a Second time.
Edward Timpson
I am genuinely grateful to the hon. Lady for tabling the new clause, because she raises what is in some ways a very harrowing and real issue. If at all possible, and despite the many disappointments I have thrust upon her over the past few weeks, I will put her mind at rest and explain the current process with regards to child-to-child abuse as well as the work my Department has planned for the near future.
As the hon. Lady said, “Keeping children safe in education” is statutory guidance that all schools in England must have regard to when carrying out their duties to safeguard and promote the welfare of children. That guidance sets out that all schools should have an effective child protection policy that includes procedures to minimise the risk of child-to-child abuse and sets out how allegations of such abuse will be investigated and dealt with. The policy should also be clear on how victims of child-to-child abuse will be supported and should reflect locally agreed inter-agency procedures put in place by the local safeguarding children board and, in future—as a consequence of the Bill—any arrangements by the safeguarding partners.
If a child has been abused by another child, the school should raise a referral with the relevant local authority’s children’s social care department, and possibly, depending on the circumstances, with the police. Local authority social workers will also be able to consider conducting inquiries under either sections 17 or 47 of the Children Act 1989; those inquiries will consider both the abused child and the abuser.
Schools should work in partnership with social workers throughout those processes. Schools are best placed to handle each case of child-to-child abuse because of the unique circumstances of each of those cases, but with the help and support of social workers, guidance from the local safeguarding children board—and, in future, from safeguarding partners—and with reference to “Keeping children safe in education”. New, separate guidance is not the answer; making the existing framework and suite of guidance documents work more efficiently and effectively is. “Keeping children safe in education” is under review and will be updated as appropriate to address, among other things, any changes introduced by the Bill.
I am sure the hon. Lady is aware of the recent inquiry by the Women and Equalities Committee into sexual harassment and sexual violence, which we discussed during an earlier Committee sitting. In its response to the Committee’s report, and noting the hon. Lady’s view that the guidance on child-to-child abuse needs to be clearer, we are committing to reviewing how child-to-child abuse is reflected in that statutory guidance. My officials are in the process of setting up working groups with sector experts to do just that.
Any additional guidance for schools on child-to-child abuse would be best placed in the section already dedicated to that in “Keeping children safe in education”, because that is the main statutory document that every school has to follow. I assure the hon. Lady that my officials will work closely with those working groups to consider the best way to reflect any further guidance on child-to-child abuse in the statutory guidance as appropriate. That guidance will also address the changes to the multi-agency working arrangements provided for in the Bill as soon as possible.
Before I ask the hon. Lady to withdraw the new clause, I believe this is the last time I will be speaking at any length during the Committee stage of the Bill, and so I want to put on the record my thanks to you, Mrs Main, and to Mr Wilson for your purposeful and pragmatic chairing of the Committee. I also thank the Clerk and other Committee officials for their efficient and professional administration of proceedings; my Whip, for his exemplary stewardship; my Parliamentary Private Secretary and my hon. Friends for their considered attendance; Opposition Committee members for their engagement and constructive debate on these important issues; and finally, officials from my Department for the excellent support they have given me throughout the Bill’s Committee stage—I hope that that will continue on Report. With that ringing in their ears, I ask the hon. Lady to withdraw her amendment.
Mrs Lewell-Buck
Without going through the same list as the Minister, I thank everyone. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Schedule 1
Placing children in secure accommodation elsewhere in Great Britain
“Children Act 1989
1 The Children Act 1989 is amended as follows.
2 (1) Section 25 (use of accommodation in England for restricting liberty of children looked after by English and Welsh local authorities)—
(a) is to extend also to Scotland, and
(b) is amended as follows.
(2) In subsection (1)—
(a) for “or local authority in Wales” substitute “in England or Wales”;
(b) after “accommodation in England” insert “or Scotland”;
(3) In subsection (2)—
(a) in paragraphs (a)(i) and (ii) and (b), after “secure accommodation in England” insert “or Scotland”;
(b) in paragraph (c), for “or local authorities in Wales” substitute “in England or Wales”;
(4) After subsection (5) insert—
(5A) Where a local authority in England or Wales are authorised under this section to keep a child in secure accommodation in Scotland, the person in charge of the accommodation may restrict the child’s liberty to the extent that the person considers appropriate, having regard to the terms of any order made by a court under this section.”
(5) In subsection (7)—
(a) in paragraph (c), after “secure accommodation in England” insert “or Scotland”;
(b) after that paragraph, insert—
“(d) a child may only be placed in secure accommodation that is of a description specified in the regulations (and the description may in particular be framed by reference to whether the accommodation, or the person providing it, has been approved by the Secretary of State or the Scottish Ministers).”
(6) After subsection (8) insert—
(8A) Sections 168 and 169(1) to (4) of the Children’s Hearings (Scotland) Act 2011 (asp 1) (enforcement and absconding) apply in relation to an order under subsection (4) above as they apply in relation to the orders mentioned in section 168(3) or 169(1)(a) of that Act.”
3 In paragraph 19(9) of Schedule 2 (restrictions on arrangements for children to live abroad), after “does not apply” insert “—
(a) to a local authority placing a child in secure accommodation in Scotland under section 25, or
(b) ”.
Children (Secure Accommodation) Regulations 1991 (S.I. 1991/1505)
4 The Children (Secure Accommodation) Regulations 1991 (S.I. 1991/1505) are amended as follows.
5 In regulation 1—
(a) in the heading, for “and commencement” substitute “, commencement and extent;
(b) the existing text becomes paragraph (1);
(c) after that paragraph insert—
(2) This Regulation and Regulations 10 to 13 extend to England and Wales and Scotland.
(3) Except as provided by paragraph (2), these Regulations extend to England and Wales.”
6 In regulation 2(1) (interpretation), in the definition of “children’s home”, for the words from “means” to the end, substitute “means—
(a) a private children’s home, a community home or a voluntary home in England, or
(b) an establishment in Scotland (whether managed by a local authority, a voluntary organisation or any other person) which provides residential accommodation for children for the purposes of the Children’s Hearings (Scotland) Act 2011, the Children (Scotland) Act 1995 or the Social Work (Scotland) Act 1968”.
7 For regulation 3 substitute—
“3 Approval by Secretary of State of secure accommodation in a children’s home
(1) Accommodation in a children’s home shall not be used as secure accommodation unless —
(a) in the case of accommodation in England, it has been approved by the Secretary of State for that use;
(b) in the case of accommodation in Scotland, it is provided by a service which has been approved by the Scottish Ministers under paragraph 6(b) of Schedule 12 to the Public Services Reform (Scotland) Act 2010.
(2) Approval by the Secretary of State under paragraph (1) may be given subject to any terms and conditions that the Secretary of State thinks fit.”
8 In regulation 17 (records), in the words before paragraph (a), after “children’s home” insert “in England”.
Secure Accommodation (Scotland) Regulations 2013 (S.S.I. 2013 No. 205)
9 The Secure Accommodation (Scotland) Regulations 2013 (S.S.I. 2013 No. 205) are amended as follows.
10 In regulation 5 (maximum period in secure accommodation), after paragraph (2) insert—
(3) This regulation does not apply in relation to a child placed in secure accommodation in Scotland under section 25 of the Children Act 1989 (which allows accommodation in Scotland to be used for restricting the liberty of children looked after by English and Welsh local authorities).”
11 In regulation 15 (records to be kept by managers of secure accommodation in Scotland), after paragraph (2) insert—
(3) The managers must provide the Secretary of State or Welsh Ministers, on request, with copies of any records kept under this regulation that relate to a child placed in secure accommodation under section 25 of the Children Act 1989 (which allows local authorities in England or Wales to place children in secure accommodation in Scotland).”
Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 (S.I. 2013 No. 1465)
12 In Article 7 of the Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 (S.I. 2013 No. 1465) (compulsory supervision orders and interim compulsory supervision orders), after paragraph (2) insert—
(3) Where—
(a) a compulsory supervision order or interim compulsory supervision order contains a requirement of the type mentioned in section 83(2)(a) of the 2011 Act and a secure accommodation authorisation (as defined in section 85 of that Act),
(b) the place at which the child is required to reside in accordance with the order is a place in England or Wales, and
(c) by virtue of a decision to consent to the placement of the child in secure accommodation made under article 16, the child is to be placed in secure accommodation within that place,
the order is authority for the child to be placed and kept in secure accommodation within that place.”
Social Services and Well-being (Wales) Act 2014 (anaw 4)
13 In section 124(9) of the Social Services and Well-being (Wales) Act 2014 (anaw 4) (restrictions on arrangements for children to live outside England and Wales), after “does not apply” insert “—
(a) to a local authority placing a child in secure accommodation in Scotland under section 25 of the Children Act 1989, or
(b) ”.
Saving for existing powers
14 The amendments made by this Schedule to provisions of subordinate legislation do not affect the power to make further subordinate legislation amending or revoking the amended provisions.”.—(Edward Timpson.)
See the explanatory statement for NC1.
Brought up, read the First and Second time, and added to the Bill.
Clauses 58 to 61 ordered to stand part of the Bill.
Clause 62
Extent
Amendments made: 9, in clause 62, page 33, line 12, at end insert—
“(A1) Section (Placing children in secure accommodation elsewhere in Great Britain) and paragraphs 2, 4, 5 and 14 of Schedule (Placing children in secure accommodation elsewhere in Great Britain) extend to England and Wales and Scotland.”
This amendment would ensure that, where paragraphs of NS1 provide for legislation to extend to England and Wales and Scotland, the paragraphs themselves have the same extent.
Amendment 10, in clause 62, page 33, line 13, leave out subsection (1).
The subsection left out by this amendment is replaced by amendment 13.
Amendment 11, in clause 62, page 33, line 14, at beginning insert “Except as mentioned in subsection (A1),”.
This amendment is consequential on amendment 9.
Amendment 12, in clause 62, page 33, line 15, leave out “enactment” and insert “provision”.
This amendment is consequential on amendment 9.
Amendment 13, in clause 62, page 33, line 16, leave out subsection (3) and insert—
“( ) Subject to subsections (A1) and (2), Parts 1 and 2 extend to England and Wales only.
( ) This Part extends to England and Wales, Scotland and Northern Ireland.”.—(Edward Timpson.)
This would ensure that the final Part of the Bill extends throughout the United Kingdom, as well as making changes consequential on amendment 9.
Clause 62, as amended, ordered to stand part of the Bill.
Clause 63
Commencement
Amendments made: 14, in clause 63, page 33, line 19, leave out “This Part comes” and insert “The following come”.
This amendment and amendment 15 would provide for NC1 and NS1 (placing children in secure accommodation elsewhere in Great Britain) to come into force on the passing of the Bill.
Amendment 15, in clause 63, page 33, line 19, at end insert “—
(a) section (Placing children in secure accommodation elsewhere in Great Britain) and Schedule (Placing children in secure accommodation elsewhere in Great Britain);
(b) this Part.”.—(Edward Timpson.)
See the explanatory statement for amendment 14.
Clause 63, as amended, ordered to stand part of the Bill.
Clause 64
Short title
Tuesday 7th March 2017
(7 years, 9 months ago)
Commons ChamberChildren and Social Work Act 2017 Read Hansard Text Amendment Paper: Consideration of Bill Amendments as at 7 March 2017 - (7 Mar 2017)
14:59 - The House divided: - Ayes: 267 / Noes: 287 - Question accordingly negatived.
15:15 - The House divided: - Ayes: 271 / Noes: 299 - Question accordingly negatived.
This text is a record of ministerial contributions to a debate held as part of the Children and Social Work Act 2017 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Minister for Vulnerable Children and Families (Edward Timpson)
I beg to move, That the clause be read a Second time.
Mr Speaker
With this it will be convenient to discuss the following:
Amendment (b) to new clause 15, in subsection (2), leave out “from time to time” and insert
“at least once in every three year period”.
Amendment (a) to new clause 15, in subsection (2), leave out paragraph (d) and insert—
“(d) to allow a parent of any pupil receiving relationships education or relationships and sex education to request that the pupil be wholly or partly excused from receiving that education and for the pupil to be so excused.”
Amendment (c) to new clause 15, in subsection (2), at end insert—
“(e) about arrangements for inspecting the quality of teaching of relationships and sex education at schools in England.”
Amendment (d) to new clause 15, in subsection (4), at end insert—
“(4A) The Secretary of State must review the regulations at least three years after they come into force and once in every three year period thereafter.”
Amendment (e), to new clause 15 in subsection (4), at end insert—
“(4A) The Secretary of State must review the regulations from time to time.”
Government new clause 16—Other personal, social, health and economic education.
New clause 1—Safeguarding: provision of personal, social and health education—
“(1) For the purpose of safeguarding and promoting the welfare of children a local authority in England must ensure that pupils educated in their area receive appropriate personal, social and health education.
(2) For the purposes of subsection (1) “personal, social and health education” must include but shall not be restricted to—
(a) sex and relationships education,
(b) same-sex relationships,
(c) sexual consent,
(d) sexual violence,
(e) online and offline personal safety, and
(f) domestic violence and forms of abuse.
(3) Targeted inspections carried out by the Office for Standards in Education, Children’s Services and Skills (Ofsted) under section 136 of the Education and Inspections Act 2006 shall include an assessment of the provision of personal, social and health education under subsection (1), including whether the information provided to pupils is—
(a) accurate and balanced,
(b) age-appropriate,
(c) inclusive,
(d) factual, and
(e) religiously diverse.
(4) Assessments made under subsection (3) must include an evaluation of any arrangements for pupils of sufficient maturity to request to be wholly or partly excused from participating in personal, social and health education.
(5) For the purpose of subsection (4) “sufficient maturity” shall be defined in guidance by the Secretary of State.
(6) Withdrawal from personal, social and health education by pupils under subsection (4) shall not be considered a breach of the safeguarding duties of a local authority.
(7) This section comes into force at the end of the period of twelve months beginning with the day on which this Act is passed.”
New clause 3—Sibling contact for looked after children—
“(1) In section 34(1) of the Children Act 1989, after paragraph (d) insert—
“(e) his siblings (whether of the whole or half blood).”
(2) In paragraph 15(1) of Schedule 2 to the Children Act 1989, after paragraph (c) insert—
“(d) his siblings (whether of the whole or half blood).””
This new clause would ensure that children in care are allowed reasonable contact with their siblings.
New clause 4—Placing children in secure accommodation elsewhere in Great Britain—
“(1) Schedule (Placing children in secure accommodation elsewhere in Great Britain) ends at the end of the period of two years beginning with the day on which this Act is passed.”
This new clause would revoke provisions in the Bill that enable local authorities in England and Wales to place children in secure accommodation in Scotland, and vice versa, two years after the Act comes into force.
New clause 7—Post-removal counselling for parents and legal guardians who are themselves looked after children or care leavers—
“Where a child is permanently removed from the care of a birth parent or a guardian further to any order made pursuant to—
(a) section 31 of the Children Act 1989 (care and supervision orders),
(b) section 22 of the Adoption and Children Act 2002 (placement orders),
(c) section 46 of the Adoption and Children Act 2002 (adoption orders), or
(d) section 14A of the Children Act 1989 (special guardianship order)
a local authority must, so far as is reasonably practicable, provide a counselling service and commission specialist therapeutic support for the parent or guardian where—
(i) the parent or guardian is a looked after child, or
(ii) the parent or guardian is a care leaver.”
This new clause would provide post-removal support for parents who are themselves a looked after child or care leaver.
New clause 8—Former relevant children: provision of sufficient suitable accommodation—
“In the Children Act 1989, after section 23C insert—
“23CA Duty on local authorities to secure sufficient accommodation for former relevant children
(1) It is the duty of a local authority to take reasonable steps to secure sufficient suitable accommodation (whether or not provided by them) within their area to meet the needs of former relevant children, where “former relevant children” has the same meaning as in section 23C(1) of this Act.
(2) In taking steps to secure the outcome in subsection (1), the local authority must—
(a) produce, and make available to all former relevant children, information about the providers of accommodation and the types of accommodation they provide,
(b) be aware of the current and expected future demand for such accommodation and consider how providers might meet that demand, and
(c) have regard to—
(i) the need to ensure the sustainability of the housing market, and
(ii) the need to encourage providers to innovate and continuously improve the quality of such accommodation and the efficiency and effectiveness with which it is provided.””
Local authorities already have a duty to ensure that sufficient accommodation is available for looked after children in their area. This new clause would introduce a similar duty on local authorities to ensure sufficient, suitable accommodation is made available for all care leavers up the age of 21.
New clause 10—Benefit sanctions for care leavers—
“(1) The Universal Credit Regulations 2013 are amended as follows—
(a) in regulation 102(2)—
(i) in paragraph (a) after “18 or over” insert “and paragraph (b) does not apply”;
(ii) in paragraph (b) after “16 or 17” insert “or is a care leaver within the meaning given by section 2(7) of the Children and Social Work Act 2017 and is under the age of 25”;
(b) in regulation 103(2)—
(i) in paragraph (a) after “18 or over” insert “and paragraph (b) does not apply”;
(ii) in paragraph (b) after “16 or 17” insert “or is a care leaver within the meaning given by section 2(7) of the Children and Social Work Act 2017 and is under the age of 25”;
(c) in regulation 104(2) after “18 or over” insert “and section (3) does not apply”.
(d) in regulation 104(3) after “16 or 17” insert “or is a care leaver within the meaning given by section 2(7) of the Children and Social Work Act 2017 and is under the age of 25.””
This new clause will ensure that the maximum sanction for a care leaver under the age of 25 can be no more than four weeks whilst under the age of 25, in line with 16 and 17 year olds.
New clause 11—National offer for care leavers—
“(1) The table in regulation 36 of the Universal Credit Regulations 2013 is amended as follows—
(a) in column one after “single claimant aged 25 or over” insert—
“or former relevant child as defined under the Children and Social Work Act 2017 aged under 25”
(b) in column one after “joint claimants where either is aged 25 or over” insert—
“or either are a former relevant child as defined under the Children and Social Work Act 2017 aged under 25”
(2) The Secretary of State will make provisions for bursaries to be available to all care leavers, who are undertaking their first year of a statutory apprenticeship, as defined in the Enterprise Act 2016 (the “care leaver apprenticeship bursary”)—
(a) in this section “care leavers” has the same meaning as section 2(7) of this Act.
(b) The bursary will be administered by local authorities on behalf of the Secretary of State in line with their corporate parenting responsibilities defined in section 1 of the Children and Social Work Act 2017.
(c) The value of the bursary will be of equivalent value to the Higher Education Bursary outlined in The Children Act 1989 (Higher Education Bursary) (England) Regulations 2009.
(d) Bursaries under this section will be disregarded for the purposes of calculating a claimant’s Universal Credit entitlements.
(3) The Housing Benefit Regulations 2009 are amended as follows—
(a) in regulation 2, in the definition of “young individual”, in each of paragraphs (b), (c), (d), (e) and (f), for “22 years” substitute “25 years”.
(4) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”
The National Offer will uprate the financial support available to care leavers under the age of 25 by: (1) extending the over 25 rate of standard allowance of Universal Credit to all care leavers under the age of 25; (2) placing a duty on the Secretary of State to make provisions for all care leavers under the age of 25 and in the first year of an apprenticeship to be paid a £2,000 bursary, which will be distributed by local authorities on her behalf; and (3) delaying the transition onto the Shared Accommodation rate of Local Housing Allowance until the age of 25.
New clause 12—Duty to maintain and report a local safeguarding and welfare capacity register—
“After section 16(E) of the Children Act 2004 (inserted by section 16 of this Act) insert—
“Duty to maintain and report a local safeguarding and welfare capacity register
(1) The safeguarding partners for a local authority area in England must assess, and maintain a register of, capacity to safeguard and promote the welfare of children in the area.
(2) The assessment must include, but shall not be restricted to, an assessment of the number of additional children, including unaccompanied refugee children, that could be fully supported by children’s social care services in the area.
(3) At least once in every twelve month period—
(a) the safeguarding partners must report the capacity assessment for that period to the Secretary of State, and
(b) the Secretary of State must publish and lay before Parliament a single report setting out the information provided under paragraph (a) and any relevant information that may be provided by the devolved administrations.””
This new clause would require local safeguarding partners to assess their capacity to safeguard and promote the welfare of children in their area. This assessment must include the number of additional children the area could support, including unaccompanied refugee children. Local safeguarding partners would be required to report this information to the Secretary of State annually, who in turn would publish and lay before Parliament a single report, which may include any relevant information received from the devolved administrations.
New clause 13—Strategy for safeguarding of unaccompanied refugee children—
“(1) Within six months of this Act coming into force, the Secretary of State must develop and publish a strategy for the safeguarding of unaccompanied refugee children living in the United Kingdom (“the strategy”).
(2) The Secretary of State must publish a report on the progress of the strategy’s development at least once in every four week period prior to publication of the strategy.
(3) The strategy must include, but shall not be restricted to—
(a) information clarifying the roles and responsibilities towards unaccompanied refugee children of any public agency the Secretary of State considers relevant, including in particular—
(i) the European Asylum Support Office,
(ii) local government service providers, and
(iii) the Children’s Commissioner;
(b) information clarifying how safeguarding practices should differ for those children covered by the strategy who—
(i) have family members in the United Kingdom, and
(ii) do not have family members in the United Kingdom; and
(c) recommendations on how to ensure full cost reimbursement to public agencies required to provide services under the strategy.”
This new clause would require the Secretary of State to develop and publish a strategy for safeguarding unaccompanied refugee children.
Amendment (a) to new clause 13, at end insert—
“(4) The Secretary of State must consult with devolved administrations before publishing the strategy.”
New clause 14—Local arrangements for reporting on capacity to provide children’s safeguarding and welfare services—
“After section 16E of the Children Act 2004 (inserted by section 16 of this Act) insert—
“Local arrangements for reporting on capacity to provide children’s safeguarding and welfare provision services
(1) At least once in every 12 month period, the safeguarding partners for a local authority area in England must report to the Secretary of State on their capacity to safeguard and promote the welfare of children.
(2) The report must include, but shall not be restricted to, identification of capacity to provide safeguarding and welfare services to children who could be resettled in the area, including unaccompanied refugee children who could be transferred to the area from abroad including those with existing or current applications for transfer.
(3) The Secretary of State must lay before Parliament the information received under subsection (1) in a single report.””
This new clause would require the local safeguarding partners in an area to report annually to the Secretary of State on what capacity they have to safeguard and promote the welfare of children in that area. This includes what capacity they have to resettle children, including unaccompanied refugee children, in the area. The Secretary of State would be required to lay before Parliament the information received from local authorities in a single report.
Amendment (a) to new clause 14, after “(1)” insert—
“and any relevant information that may be provided by the devolved administrations”.
New clause 20—Review of access to education for care leavers—
“(1) The Secretary of State must carry out an annual review on access for care leavers to—
(a) apprenticeships,
(b) further education, and
(c) higher education.
(2) The first review must take place by the end of the period of one year beginning with the day on which this Act is passed.
(3) A report produced following a review under subsection (1) must include, in particular, an assessment of the impact on care leavers’ access to education of—
(a) fee waivers,
(b) grants, and
(c) reduced costs of accommodation.
The report must be made publicly available.”
Amendment 12, in clause 12, page 10, line 30, at end insert—
“(3A) At least one member of the panel appointed by the Secretary of State under subsection (3) must—
(a) be independent from Government, and
(b) have relevant specialist expertise in tackling domestic abuse.”
This amendment would require that at least one member of the Child Safeguarding Practice Review Panel has specialist expertise in tackling domestic abuse.
Amendment 1, in clause 16, page 13, line 34, at end insert—
“, including unaccompanied refugee children once placed in the area, and unaccompanied refugee children who have been identified for resettlement in the area.”
Amendment 3, page 13, line 34, at end insert—
“(1A) The safeguarding partners for a local authority area in England must conduct and publish a review of the steps taken by that local authority to safeguard and promote the welfare of children since 1 June 2010, including an assessment of the impact of Government policies since that date.
(1B) The Government policies to be considered under subsection (1A) are those deemed by the safeguarding partners to be relevant to the safeguarding and welfare of children.”
This amendment would require the safeguarding partners for a local authority area in England to conduct a review of steps they have taken to safeguard and promote the welfare of children since 1 June 2010, including an assessment of the impact of Government policies since that date.
Amendment 2, in clause 22, page 17, line 30, at end insert—
“(3) Guidance given by the Secretary of State in connection with functions conferred by section 16E in relation to unaccompanied refugee children must be developed in accordance with the 1989 Convention on the Rights of the Child.”
Edward Timpson
I shall deal first with new clauses 15 and 16, which relate to relationships and sex education and personal, social, health and economic education. I shall then respond to key points raised in other new clauses and amendments. I shall ensure that they are covered within the time that is available under the now agreed programme motion, as I am conscious that many other Members wish to speak.
Many Members on both sides of the House have worked hard for some years to increase awareness of the issues to which new clauses 15 and 16 refer and the case for statutory underpinning of relationships and sex education and PSHE, and I thank them for their efforts. My right hon. Friend the Member for Basingstoke (Mrs Miller) and my hon. Friend the Member for Enfield, Southgate (Mr Burrowes), along with the Chairs of the Health, Education, Home Affairs and Business, Energy and Industrial Strategy Committees and the hon. Members for Rotherham (Sarah Champion) and for Walthamstow (Stella Creasy), have been particularly strong supporters of that approach.
Relationships education, RSE and PSHE can help to ensure that pupils are given the knowledge and skills that they will need to stay safe and develop healthy, supportive relationships. That is particularly important when they are navigating the new challenges of growing up in an online world. Parents, of course, are the primary educators and guides of their children, and we should not forget that: they play a central role both in helping their children to grow up into successful adults and in protecting them from harm. However, parents are telling us that they want schools to help them to deal with what are complex and fast-moving issues to ensure that their children grow up equipped with the knowledge and skills that they need to be safe and successful. Our proposals to make these subjects compulsory are supported by professionals working in the field, by parents and carers, and, importantly, by children and young people themselves.
Caroline Lucas (Brighton, Pavilion) (Green)
I warmly welcome these vital and long overdue new clauses, but it would be helpful if the Minister could provide some reassurance that relationship education in primary schools will not exclude key age-appropriate information that relates to physical health, wellbeing and the safety of children, because that is an area of concern that is still outstanding. I am thinking of, for instance, the difference between safe and unsafe touch, and the naming of body parts that are private.
Edward Timpson
I can reassure the hon. Lady that the whole purpose of bringing relationships education into primary schools is to start creating the all-important building blocks that will make children resilient enough to deal with the pressures and risks that the modern world throws at them. The new clauses are intended to allow a period after the Bill has gone through both Houses during which we can draw on the greatest possible expertise to establish how we should go about teaching these subjects in an age-appropriate way, so that by the time the children leave school they have all the knowledge and skills that they need to make good choices in their lives as they grow up.
Edward Timpson
I will, but I should make it clear to Members that I do not want to curtail the opportunities for others to have their say, and I want to deal with other aspects of the Bill as well.
Mr Sheerman
The Minister will remember what we discussed in those happy days when we served together on the Education Committee. It is all very well to have an obligation, and this is a real step forward, but the fact is that if we do not give the people in the schools real professional training, it will not work.
Edward Timpson
We served on that Committee such a while ago that it was then called the Children, Schools and Families Committee. In 2013, Ofsted acknowledged that the teaching of these subjects was still not as good as it should be. We shall be working with teachers and schools so that they understand how to develop their understanding of and ability to teach these subjects, so that there is consistency throughout the education system.
Dame Caroline Spelman (Meriden) (Con)
Will the Minister include the Church of England in his list of organisations that support the Government’s proposals? Despite its support, the Church seeks reassurance that relationships education will be respectful of the ethos of the schools where it is taught.
Edward Timpson
I am grateful to my right hon. Friend for that clear indication of the Church of England’s support for the step that we are taking. Having engaged with the Church and with representatives of other faiths throughout the process, I am aware of that support. The religious faith that brings many people into the education system will be respected as it has been in the past: that is reflected in the Bill, and will be reflected in the regulations and statutory guidance that will follow.
Edward Timpson
I will give way briefly, but then I want to try to make some progress.
Dr Lewis
New clause 15 draws a distinction between relationships education provided for primary school children and relationships and sex education provided for secondary school children. Can the Minister confirm that that does not mean that sex education will be smuggled into primary schools under the label “relationships education”?
Edward Timpson
A clear distinction is drawn by the very name of each of those subjects. The new clause makes plain that sex education will not be a statutory part of primary school teaching. Of course, if primary schools choose to teach sex education in an age-appropriate way, as they can now, they will be able to do so, but the right to withdraw from that will still apply, as it does in secondary schools.
Edward Timpson
I will give way to my hon. Friend, but then I must make some more progress.
Dr Poulter
I congratulate my hon. Friend and the Secretary of State on new clause 15, which is long overdue, but may I ask a specific question about faith schools and other schools of that type? New clause 15(3)(b) states that it must be ensured that
“the education is appropriate having regard to the age and the religious background of the pupils.”
Will my hon. Friend confirm that that will not allow faith schools to avoid providing such education because they consider it to be inappropriate?
Edward Timpson
The education will become a statutory part of the curriculum, so schools will have to provide it. The duty and the power that we are creating will enable schools to teach the new subjects in an age-appropriate way that is commensurate with their religious faith and will best suit their pupils in the setting in which they happen to be, but what my hon. Friend has said is absolutely correct.
Edward Timpson
I will, but I shall then impose a moratorium on any further interventions.
Sir Gerald Howarth
Who will decide what is age-appropriate, and where is there any reference in any of these provisions to the moral dimension of this very important issue?
Edward Timpson
The moral aspect is already covered by British values and the teaching of citizenship, and that is in no way curtailed by these provisions. As for the question of what is age appropriate, the concept already exists in the current system. I repeat that the Bill will be underpinned by regulations and statutory guidance, which will set out in more detail exactly how it will be translated into reality. That is a strong and consistent approach, which we think will strike the right balance between enabling children to develop the resilience and skills that they need and ensuring that that is done in an age-appropriate way.
We know that many schools are already teaching these subjects, and that some are doing so very well, but we believe that it is right for us to do all we can both to provide universal coverage for all pupils and to improve quality. Given the increasing concerns about child sexual abuse and exploitation, and the increased risks associated with growing up in a digital world, there is a particularly compelling case for action in relation to pupil safety. New clause 15 places a duty on the Secretary of State to make relationships education in primary schools and relationships and sex education in secondary schools statutory by means of regulations. We believe that that is the right approach because it will allow us time to engage with a wide range of interests and expertise. The outcome of that engagement will feed into the legislative process for making these subjects statutory, as well as the guidance that will help schools to deliver high-quality, inclusive relationships education and RSE.
New clause 16 creates a regulation-making power to enable the Secretary of State to make PSHE statutory. We are aware that the most pressing safeguarding concerns relate to relationships and RSE, but it is evident that wider concerns about child safety and wellbeing relate to the life skills that the subject can cover, such as an understanding of the risks of drugs and alcohol and the need to safeguard physical and mental health. We therefore believe that it is important that we are able to make PSHE, or elements of it, statutory as well, and have the time to consider carefully the fit between the content of relationships education and RSE and what might be included in the PSHE curriculum. The work to consider content will begin this spring, and we expect that it will result in draft regulations and guidance for consultation this autumn. Following consultation, regulations will be laid in the House, alongside final draft guidance, allowing for full and considered debate, and we expect that statutory guidance will be published in early 2018, once the regulations have been passed and at least one full year before the academic year 2019-20.
We do not think it is right to specify in primary legislation the exact content of the subjects, as this would be too prescriptive and would remove freedom from schools and run the risk of the legislation quickly becoming out of date as the world changes ever more quickly. The Department’s external engagement will determine subject content, working with a wide range of experts and interested parties. We will ensure through careful review and consultation that our work results in a clear understanding about the full set of knowledge and skills that relationships education, RSE and PSHE should provide.
Our proposed legislation is also clear that subject content will be age appropriate. We expect the new subject of relationships education for primary schools to focus on themes such as friendships, different types of family relationships, bullying, and respect for other people. We see this as vitally important in laying the foundations for RSE at secondary school.
Across relationships education and RSE, we expect to cover in an age-appropriate way how to recognise and build healthy relationships, and how they affect health and wellbeing and safety online. This can include dealing with strangers, respect, bullying and peer pressure, commitment and tolerance, and appropriate boundaries. I want to emphasise again to hon. Members that our priority will be to ensure that content is always age appropriate. In RSE at secondary school, content would also include sex and sexual health, all set firmly within the context of healthy relationships. In relation to online issues, internet safety is a cross-Government agenda, so these plans are closely aligned to the internet safety Green Paper due later this year.
In addition to relationships education and RSE, we acknowledge that pupils need to access other key knowledge and skills for adult life, and those are generally covered in PSHE. For PSHE, we want to take the time to consult widely, as I said, on what the subject content could best look like, respecting what our engagement process determines as the right content for relationships education and RSE. We will be looking at what might be needed under the broad pillars of healthy bodies and lifestyles, healthy minds, economic wellbeing, and making a positive contribution to society. We would expect this to include issues such as keeping safe, puberty, drugs and alcohol education, mental health and resilience, and careers education.
Schools will, of course, continue to teach in accordance with the Equality Act 2010 and the public sector equality duty. This means that schools can consider how best to teach subject content taking into account the age and religious backgrounds of their pupils and any other relevant factors, but not whether to teach the content.
Stella Creasy (Walthamstow) (Lab/Co-op)
Given that 45% of primary school children have experienced, or are aware of, homophobic bullying, can the Minister clarify how that fits into the curriculum at that age?
Edward Timpson
I have indicated that we expect bullying to be covered in primary school, and of course we have to cover all facets of bullying, as it comes in many forms. Of course, it will be a matter for the school to make sure that that is age appropriate, and it will start to put in place the building blocks of the development of that child’s understanding, ensuring that by the time they move on to secondary school they are well placed to move on to the next level of subject matter that they will need to understand.
Schools will need to ensure that RSE is inclusive and meets the needs of all young people.
Mr Bernard Jenkin (Harwich and North Essex) (Con)
I am yet another Select Committee Chair who very much welcomes this development and the courage with which the Government are putting it forward, but there is a point to be made about what is allowed to be taught in primary schools and the fact that children’s experiences start well before they leave primary school. They are learning about these things and asking questions about them long before they leave primary school, and there is nothing in this Bill that will prevent teachers from responding to curiosity and dealing with these issues as they arise in the normal course of any other part of their education.
Edward Timpson
I am grateful for my hon. Friend’s indication as a Select Committee Chair that he joins the club of Chairmen who support this important move. He is right that there is scope within these measures for schools to tailor their response to this subject matter in a way that best meets the needs of their pupils. There is already some excellent material available from the likes of the PSHE Association that sets out how they can do that in an age-appropriate way and in a way that meets the challenges that we know the modern world throws at children at an ever more tender age.
Mr Stewart Jackson (Peterborough) (Con)
The Minister is making a strong case, but is he not asking us to enter into an incongruous position, as we do not yet know what the regulations will be in respect of relationship education, but at the same time he is asking the House to support removing the capacity of parents to remove their children from relationship education in primary schools? He is asking us to support something although we do not know the true details therein.
Edward Timpson
What I am asking the House to do is support these new clauses that maintain the right to withdraw from sex education that currently pertains, but the House will also have an opportunity under the regulatory process to scrutinise, and take part in addressing, what those regulations should look like and approve them or not, and I am sure my hon. Friend will want to play a part in doing just that.
We will commit to reviewing the statutory guidance on RSE within three years of its publication, and to a regular timetable after that, set out following our engagement process. This will help to ensure that it stays relevant as the world changes. We will also ensure that the regulations are regularly reviewed to ensure they continue to be fit for purpose. Specifying the timetable for review on the face of the Bill is not necessary as we are already under a public law duty to review the powers we take in legislation, but I can assure hon. Members, and particularly my hon. Friend the Member for Enfield, Southgate (Mr Burrowes), that the statutory guidance will make clear how regularly this guidance will be reviewed, balancing continuity for schools with the crucial need to keep content up to date.
I recognise the deep concern in the House about the safety and welfare of unaccompanied asylum-seeking and refugee children. I should emphasise, however, that my ministerial responsibility extends only to children who are in England. The new local safeguarding arrangements that will be established through the Bill will apply to England only. I accept that other jurisdictions ought to pay equal attention to the safeguarding of children who reside within their borders, and I accept that we should share details of our plans and best practice.
The Government have committed to publishing a safeguarding strategy for unaccompanied asylum-seeking and refugee children by 1 May 2017 by virtue of the written ministerial statement that I laid on 1 November last year. As part of this, we have been consulting local authorities about their capacity and we will set out plans to boost capacity for foster carers and supported lodgings in that strategy. We will continue to consult local authorities about their capacity to support unaccompanied asylum-seeking and refugee children, to help us to identify those authorities that are most able to support unaccompanied children and those needing support through the national transfer scheme. To that end, we are happy to commit to updating Parliament annually on delivery against the safeguarding strategy and to publishing regular updates on the number of unaccompanied asylum-seeking and refugee children transferred to or resettled in the UK, by country of transfer.
Mr Peter Bone (Wellingborough) (Con)
The Minister is making a powerful case. On that specific point, it is necessary to record not only how many children go into local authority care but how many are retained there and how much they keep in contact. If we put children into care and they are subsequently trafficked, we are not protecting them.
Edward Timpson
My hon. Friend makes a good point, and we have worked hard to try to improve how we manage, understand and curtail the number of children who go missing while in care. Some of them have come from overseas, including France, and many are from our own country. We should use the Bill as an opportunity to improve the data so that we have as contemporaneous a picture as possible of where those children are, not only to inform us of the capacity in the system but to allow us to help them better.
Mr Mark Harper (Forest of Dean) (Con)
It has occurred to me as the Minister has been talking that we already have 3,000 or so unaccompanied asylum-seeking children coming to the United Kingdom and that the burden of caring for those children is falling disproportionately on a few local authorities. Is he planning to say a little bit about how the information that he will publish on local authorities throughout the country will help the national transfer scheme to operate to enable that burden to be more fairly distributed across our constituencies?
Edward Timpson
My right hon. Friend is absolutely right. He touches on a key part of how we can improve the system through the national transfer scheme. We know that Kent and Croydon in particular have taken a disproportionate number of children, and we have been working with local authorities to find a better way of ensuring that we find a safe, stable home for them while more effectively starting to spread them across the country.
In making the commitment I have just given, it is important to note that local areas already have a duty to safeguard and promote the welfare of children in their area, including unaccompanied asylum-seeking and refugee children.
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
It is welcome that the Minister will publish information on each local authority. Will he publish the number that each one will be prepared to take from abroad, including from Europe? That is the content of new clause 14, which refers to
“unaccompanied refugee children who could be transferred to the area from abroad”.
Does this also mean that the Government will continue to take children under the Dubs scheme after the 350 that they have specified? Yes or no?
Edward Timpson
The Home Secretary has set out the Government’s position in relation to the Dubs scheme. What we are trying to do is look at the overall capacity within local authorities, not just for specific groups of children but for all children, whatever route they have used to come into England and across the United Kingdom. Yesterday, I sent the first quarterly update on progress on the development of the strategy to all the UK children’s commissioners. Last Friday, the Department published for consultation draft statutory guidance for local authorities on the care of unaccompanied asylum-seeking and trafficked children. I believe that these actions demonstrate our continued commitment to those children, and we want to carry on working with local authorities and all those who work with them to ensure that we can give every child who comes to these shores a safe and stable home.
Heidi Allen (South Cambridgeshire) (Con)
Building on the question from the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), I appreciate that my hon. Friend is an Education Minister, but will he consider extending the safeguarding strategy—which sounds very attractive, as does the regular consultation with local authorities, which should be available to Parliament—beyond the Syrian region, beyond children arriving on trucks and beyond children who are already in the UK care system? Would he consider extending these services to children coming from Europe?
Edward Timpson
We have made it clear how, through the national transfer scheme, we want to ensure that we help the children we have identified as requiring help the most, including those who fall out of the Dublin scheme. We are trying to understand exactly what the capacity is in the system. I am not in a position to say any more than the Home Secretary has already said about the Government’s commitments, but we have clearly made a strong commitment to utilising any latent capacity in local authority children’s services, so that we do not miss an opportunity to help the children who need it.
Hywel Williams (Arfon) (PC)
Would the Minister accept that many local authorities in Wales are anxious to play their part in helping refugees, and indeed have been doing so for a number of years? They include Plaid Cymru-led Ceredigion. It is important that the Government are aware of the capacity that exists outside the usually recognised areas.
Edward Timpson
My understanding is that Wales took part in the consultation and, as I said a few moments ago, I have written to the Children’s Commissioner for Wales to update her on the progress we are making. Of course we want to work with local authorities to ensure that as many children as possible can benefit, through our combined efforts.
John Pugh (Southport) (LD)
I welcome what the Minister is saying, but I am struggling to find anything in it that is inconsistent with new clause 14. Can he point it out to me?
Edward Timpson
The hon. Gentleman is going to have to be more specific about what his objection is. I would be happy to take it up with him at another time, but I am not in a position to answer a question that has not been formulated in a way that allows me to provide an answer.
I want to turn briefly to the question of sibling contact for looked-after children. I am sorry that the hon. Member for South Shields (Mrs Lewell-Buck) is not here today, and I am sure that the whole House will send her their best wishes. We both agree that allowing reasonable contact between looked-after children and their siblings is absolutely right, where that is in the best interests of the children involved. This is reflected in the current law. However, the hon. Lady has helpfully pointed out an anomaly in the current legislation whereby the Care Planning, Placement and Case Review (England) Regulations 2010 provide for sibling contact with a sibling who is also looked after but do not refer to contact with siblings who are not looked after. I will therefore ask my officials to start the work needed to amend the regulations to address that question, and I will happily keep the hon. Lady informed of progress.
Finally, I should like to mention the support provided to care leavers who have their own children removed from them. Hon. Members are right to emphasise how important it is to support young parents who have had a child taken into care. They need the right kind of intervention to help them to cope with this challenging situation, so that they can be effective parents to any children they might have in the future. Statutory guidance is already clear about the arrangements that must be followed to ensure that the needs of children in care and care leavers are assessed and that appropriate support is put in place. The statutory guidance includes the need for comprehensive assessment of a young person’s needs in relation to their emotional and mental health, including whether they need access to specialist health and therapeutic services. So, given the existing statutory guidance, I do not believe that it is necessary or appropriate to incorporate the proposed new clause into the Bill. I do, however, understand the importance of the issue, and I can confirm that I will ensure that the statutory guidance is strengthened to make clear the importance of providing appropriate support in the specific circumstances when a looked-after child or care leaver has a child of their own taken into care.
Frank Field (Birkenhead) (Lab)
I have never seen the House so crowded to discuss amendments, which shows the importance that we attach to the Bill. I fear that we may not get to my amendment about the welfare of all children, so may I come and talk to the Minister at some point? It deals with compelling local authorities to carry out an audit of all their policies and of Government policies on the welfare of children.
Edward Timpson
I am happy to commit to meet the right hon. Gentleman to see what we can do on that.
Mr David Burrowes (Enfield, Southgate) (Con)
I appreciate the Minister’s comments on new clause 7, which has cross-party support. There is welcome investment from the Department in Pause and other programmes that provide support to vulnerable young women, but I want to check that the statutory guidance will ensure that such schemes get further cover. Those who have lost a child and are at risk due to vulnerabilities need therapeutic care support, so will this extra statutory guidance ensure that they get it?
Edward Timpson
I can give my hon. Friend that reassurance. We want to ensure that every care leaver, whatever their circumstances, gets the support that they need. That particular group is often very vulnerable, and we must respond to that in the best possible way.
I am grateful to hon. Members for raising important issues, and I look forward to hearing more from them during the debate. If I get the opportunity at the end—I fear I will not—I will respond more fully, but I am always open for business if anyone wants to speak to me after the debate.
Several hon. Members rose—
Angela Rayner (Ashton-under-Lyne) (Lab)
Thank you, Mr Speaker. Let me reiterate that point and say how disappointing it is that the Government have allocated just 90 minutes to discuss all the issues relating to the welfare of the most vulnerable children, particularly when Back Benchers on both sides of the House contributed so much to the Bill.
Edward Timpson
I am sorry to have to rise again, Mr Speaker, but I should point out that the programme motion was agreed across the House, so it should not be a surprise to the Opposition.
Angela Rayner
I thank the Minister for that point, but there was dialogue about that before we came to the House, so he knows exactly where we stand.
I thank the Minister for his comments about my hon. Friend the Member for South Shields (Mrs Lewell-Buck). She cannot be here today because she is on compassionate leave, but she put in a tremendous amount of work to take the Bill through the Committee. I will try to be brief and will put a limit on the interventions that I take.
First, and most importantly, I want to make it clear that we will support new clause 14, tabled by the hon. Member for South Cambridgeshire (Heidi Allen). My hon. Friend the Member for South Shields and I were happy to add our names to it and will add our votes to any Division on it. It is similar to our new clause 12, so I would like the hon. Member for South Cambridgeshire to clarify whether “capacity” in her amendment has the same intention as it does in ours: an assessment of the extra numbers that a council would take. New clause 13 complements those new clauses by ensuring that the Minister reflects those numbers in the national strategy. The Government have committed to provide that, but new clause 13 puts it on a statutory footing. It also provides for progress updates in the meantime, and I understand that some of those who should have received quarterly updates from the Government have yet to receive them. If the Minister is not prepared to accept the new clause, I hope that he will commit to come back with an update. However, I reserve my right to press our amendments to a vote if the Minister does not address those concerns.
Given the time available, I will not rehearse the issues at length, but I echo the points made in recent days by my hon. Friend the Member for Wirral South (Alison McGovern) and my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper). I hope that we will hear from them in today’s debate. Our care for child refugees says something about us as a country. I hope that we take a lead from the example set in the debate in the other place and can hold our heads up high at the end of today.
I turn now to our amendments about vulnerable children already in our care, who should not be overlooked in this debate. New clause 3 requires local authorities to allow children in care reasonable contact with their siblings, and I welcome the Minister’s commitment to future dialogue on that. New clause 4 has arisen because, quite simply, we have been sending our most vulnerable looked after children to Scotland due to the lack of specialist provision closer to their homes, families, schools, and local services. New clause 4 gives Ministers two years to sort out secure accommodation in England and Wales, so that any future secure placements in Scotland are made through choice, not constraint.
Section 25 of the Children Act 1989 was changed in Committee so that children looked after by English or Welsh local authorities can be detained in secure accommodation in Scotland. As the Minister said, that was a recognition that it is already happening. Vulnerable children are being sent to a different country, with different legal and education systems, because we have failed to provide for them close to their homes and communities. Changes in Committee also removed the requirement to obtain the consent of the parents and the child. Is it right not to get a child’s consent before they are moved to Scotland? They will also lose their right to independent periodic review, and I have yet to hear a convincing argument from the Minister as to why. The High Court suggested a joint review by the Law Commission, which would surely be better than a fix behind closed doors, and I hope the Minister will consider it.
We offer our support to the hon. Members on both sides who tabled new clause 7, a version of which my hon. Friend the Member for South Shields tabled in Committee. I hope the Minister will indicate that he will take up the issue through statutory guidance if he cannot accept the new clause.
New clause 8 would establish a clear statutory duty on local authorities to secure sufficient, suitable accommodation for all care leavers up to age 21. I am sure that I do not need to tell the Minister why that is important, but Government figures show that too many care leavers are in unsuitable or unknown accommodation. All of us who are parents of young adults are aware of the modern challenges they face and of the fact that they need support beyond their teenage years. In Committee, the Minister referred to the care leavers accommodation and support framework developed by Barnardo’s and St Basil’s, but funding for that ends next month. He referred to care leavers as a priority group for social housing, but that is not the same as a legal duty and does not mean that it happens in practice. If he cannot accept new clause 8, perhaps he will agree to meet to discuss how we can achieve its basic aim.
New clause 10 seeks to reduce to four weeks the maximum level of sanctioning for care leavers on universal credit. The Minister will be aware of the shockingly high rate of sanctioning experienced by care leavers and will know that care leavers are three times more likely to receive a sanction than a member of the general population. They are also less likely to challenge sanctions, but they are more likely to have them overturned. When a care leaver sits down with a work coach for the first time, will the Minster tell us what steps he is taking to ensure that their status is known and that they are treated accordingly? The Children’s Society told me that they worked with a care leaver who was sanctioned over Christmas and had to choose between feeding himself or his pregnant girlfriend. That is not the behaviour of a good corporate parent, and I hope we can hear more about what the Minister will do about that.
In line with other elements of the Bill, new clause 11 seeks to promote the financial stability of care leavers up to the age of 25. It would support care leavers into work and apprenticeships and would protect their finances when living in private rented accommodation. Young people under the age of 25 receive a lower rate of universal credit, but care leavers tend to take on more responsibility earlier. New clause 11 would extend the higher rate to care leavers under the age of 25. At about £780 a year, the difference for a low income individual would be significant. Care leavers will receive a £2,000 bursary when entering higher education, but they are not entitled to an equivalent when engaging in apprenticeships. Given the Government’s emphasis on skills, I hope they will consider such a measure.
Care leavers in private rented accommodation also experience a cut of some £50 a week to their housing benefit when they turn 22. The Minister has asked the Children’s Society for case studies, which it has provided to the Department. Perhaps the Minister could respond.
We estimate the cost of the new clause to be some £32.9 million, which is not a significant sum of money when we consider the ultimate cost to the state of failing properly to support care leavers. The Bill provides an opportunity for the Government to take responsibility for some of the financial difficulties experienced by care leavers, and I look forward to the Minister’s response.
New clause 20 calls for an annual review of care leavers’ access to education and for the Government to produce a report of the impact of that access. If my hon. Friend the Member for Walthamstow (Stella Creasy) presses her amendments to a vote, we will support her.
The Department’s own statistics show that only 6% of care leavers go to university, compared with 38% of all young people. Almost a third of children in care leave school with no GCSEs or GNVQs. That is not their failure but ours. I urge everyone in the Chamber today to reflect on that. We are failing these children and young adults, and it is our duty to turn those numbers around.
Finally, one issue on which we can congratulate all concerned is the progress we have made on sex and relationships education. A great deal of work has gone into getting to this stage, for which I thank my Front-Bench colleague, my hon. Friend the Member for Rotherham (Sarah Champion). I also thank my hon. Friends the Members for Walthamstow, for Stretford and Urmston (Kate Green) and for Dulwich and West Norwood (Helen Hayes), in whose names new clause 1 stands.
I also acknowledge the work of the right hon. Member for Basingstoke (Mrs Miller) and the hon. Member for Enfield, Southgate (Mr Burrowes). I will support the amendment that they and the hon. Member for Harwich and North Essex (Mr Jenkin) have tabled to new clause 15. I hope the Minister will be able to address the point without division, in either sense of the word.
Mr Speaker
I can now inform the House of my decision about certification. For the purposes of Standing Order No. 83L(2), I have certified the following provisions of the Children and Social Work Bill [Lords] as relating exclusively to England and Wales and within devolved legislative competence: clauses 8 and 9.
I have certified the following provisions of the Children and Social Work Bill [Lords] as relating exclusively to England and within devolved legislative competence: clauses 1 to 7, 11 to 31 and 41 to 67, new clauses 15 to 18 added to the Bill on Report and schedules 2 to 4.
For the purposes of Standing Order No. 83L(4), I have certified the following amendment made to the Bill since Second Reading as relating exclusively to England and Wales: amendment 13 to clause 62, made in the Public Bill Committee.
Copies of my certificate are available in the Vote Office. Under Standing Order No. 83M, consent motions are therefore required for the Bill to proceed. Does the Minister intend to move the consent motions?
Edward Timpson
indicated assent.
The House forthwith resolved itself into the Legislative Grand Committee (England and Wales) (Standing Order No. 83M).
[Natascha Engel in the Chair]
Madam Deputy Speaker (Natascha Engel)
I remind hon. Members that if there are Divisions, only Members representing constituencies in England and Wales may vote on the consent motion for England and Wales, and only Members representing constituencies in England may vote on the consent motion for England.
Motion made, and Question put forthwith (Standing Order No. 83M(5)),
That the Committee consents to the following certified clauses of the Children and Social Work Bill [Lords] and the certified amendment made to the Bill—
Clauses certified under Standing Order No. 83L(2) as relating exclusively to England and Wales and being within devolved legislative competence
Clauses 8 and 9 of the Bill as amended in the Public Bill Committee.
Amendment certified under Standing Order No. 83L(4) as relating exclusively to England and Wales.
Amendment 13 made in the Public Bill Committee.—(Edward Timpson.)
Lady Hermon (North Down) (Ind)
Just a very short intervention, but I always think it is very useful for the Minister to have the opportunity to expand on an issue, rather than just touching the Dispatch Box and moving on.
The Minister and his Government colleagues will be well aware of the fact that we have just had the Assembly election in Northern Ireland. The results were in some quarters a surprise and in other quarters they were not a surprise at all. We now have a very short window of opportunity for the Northern Ireland Assembly to be restored. If the talks are not successful in the next three weeks, will the Minister and his Government colleagues consider extending some of the Bill’s provisions to Northern Ireland? Parts of it are very valuable, and really ought to be extended in the event of a prolonged period of direct rule.
Edward Timpson
I hear what the hon. Lady says. Of course we are all looking very carefully at the situation in Northern Ireland and hope that we can achieve a resolution as soon as possible, but in relation to the Bill, we have been very clear about which provisions are appropriate in relation to devolution arrangements. Having said that, I should add that on certain aspects of the Bill, we want to co-operate across the whole United Kingdom. I shall take that up with whoever is in place in Northern Ireland in my reciprocal capacity, so that we can make progress throughout the country.
Pete Wishart (Perth and North Perthshire) (SNP)
I was loth to speak in this debate, although I think that I am the main contributor to Legislative Grand Committee debates: I believe that I have spoken in them more than any other Member. However, I did not have a clue what was going on. One of my hon. Friends asked me, “What exactly did the Speaker rule in his statement about the certification of English-only business?” I should be interested to learn whether the Minister knows what it all meant, because my colleagues and I have not got a clue, and that goes to the heart of this nonsense about English votes for English laws. No one knows what is going on. The Constitution Unit examined it in detail, and concluded that it was opaque in the extreme.
No one has much of an idea about what we are actually discussing here. I think I heard something about a procedure requiring double consent. What comes first, the English-only vote or the whole-House vote? I know that I cannot take part in one of the votes, but which one is it? That has not been made clear to us today.
If we are to continue to have these Legislative Grand Committees, we shall need a little bit more than a Minister going to the Dispatch Box, touching it with his hands, and then sitting down again. The Mace goes up, goes down and then goes up again, and nothing is debated and discussed. We were told that English votes for English laws was just about the most important innovation in Parliament when it came to debates in the House, and it is not good enough for Members not to take advantage of these opportunities. I appeal to at least one English Member to stand up and speak about the English-only clauses. If they are so important that we suspend our business, surely they should be addressed.
I hope that in future I shall not have to speak about Legislative Grand Committee motions. [Hon. Members: “Hear, hear.”] For once, I concur with Conservative Members. This procedure has reached a stage at which it is beyond a farce. It is bizarre; it is unnecessary; it disrupts the business of the House, and no one is even bothered about making a contribution.
Question agreed to.
The House forthwith resolved itself into the Legislative Grand Committee (England) (Standing Order No. 83M(4)(d)).
Motion made, and Question put forthwith (Standing Order No. 83M(4)(d)),
That the Committee consents to the following certified clauses and schedules of the Children and Social Work Bill [Lords]:
Clauses and schedules certified under Standing Order No. 83L(2) as relating exclusively to England and being within devolved legislative competence
Clauses 1 to 7, 11 to 31 and 41 to 67 of the Bill as amended in the Public Bill Committee including the amendments made on Report;
New clause 15, new clause 16, new clause 17 and new clause 18 added on Report; and
Schedules 2 to 4 to the Bill as amended in the Public Committee, including the amendments made on Report.—(Edward Timpson.)
Question agreed to.
The occupant of the Chair left the Chair to report the decisions of the Committees (Standing Order No. 83M(6)).
The Deputy Speaker resumed the Chair; decisions reported.
Third Reading
Edward Timpson
I beg to move, That the Bill be now read the Third time.
This Bill is fundamentally about improving the lives of vulnerable children. These are children who have often faced challenges that most of us can only imagine: they might have faced abuse and neglect; they might have been let down time and again by the people who are supposed to love and protect them; they might be being exploited by perpetrators preying on their vulnerability. So it is right and proper that Parliament should devote time and energy to improving their plight. To that end, I am very grateful to all those hon. Members who have engaged constructively with the passage of this Bill and demonstrated their shared commitment to these critical issues.
This Bill represents an important step forward for vulnerable children. It defines what good corporate parenting looks like and secures the involvement of the whole council in looking out for children in care or leaving care. It requires every local area to set out exactly what support they are offering to care leavers, making it easier for young people to access support. It extends the help of a personal adviser to all care leavers up to the age of 25. It introduces improved national arrangements for analysing serious incidents and learning from them and strengthened arrangements for local multi-agency co-ordination of safeguarding. It extends educational support to children leaving care via adoption or special guardianship. It creates the conditions for good placement decisions to be made for children coming into the care system. It introduces a new, bespoke regulator for social work that will be empowered to raise standards in social work and raise the status of this vital profession. It also paves the way for a new system of assessment and accreditation, which will give social workers opportunities to develop and progress in their profession.
In addition—again with thanks to the Members across this House who have supported the Government on this—the Bill now includes important measures on relationships and sex education and PSHE. We need to recognise that the world in which children are growing up is changing rapidly. As policy makers and implementers, we need to keep pace with those changes and ensure that children are well equipped to cope with each new opportunity and challenge they are likely to face. I am delighted, therefore, that this House has supported the Government amendments to put age-appropriate relationships and sex education on a statutory footing. This will be a very significant step to promote the safeguarding of all children in England.
As I said earlier, the changes to be delivered through this Bill reflect my personal passion and commitment to improving the lives of vulnerable children and families. My pledge to the House is to implement these changes as expeditiously as possible when the Bill has completed its passage through Parliament and received Royal Assent. I thank all Members who have engaged with, and contributed to, this Bill, including the hon. Member for South Shields (Mrs Lewell-Buck), who cannot be with us here today but shares that same passion.
Of course, we would not be where we are without the dedicated work of all the officials and Clerks of this House and the many officials in my Department who have worked tirelessly to make the Bill’s passage as smooth as possible. I take this opportunity to thank them all, in particular the Bill team and my private office, and I commend the Bill to the House.
Victoria Borwick (Kensington) (Con)
I very much support the ambitions of this Bill. As we have all seen, there have been a number of changes during its passage. I want to be assured by the ministerial team that, notwithstanding those changes, we are monitoring the outcomes of safeguarding for those in residential care and those in boarding schools—not just those sent because of the care system but those who attend. Some of my constituents have raised concerns about that. I would very much welcome the Minister’s comments.
Edward Timpson
I can offer my hon. Friend that reassurance. The care plan outcomes of every child who is in care have to be closely monitored to make sure that, whatever their setting, they are achieving what the plan sets out. Of course, I am happy to discuss that with her further and to provide her with more detail about how we can do that in the future and keep a close eye on the issues that she has rightly raised.
Victoria Borwick
I thank the Minister.
Question put and agreed to.
Bill accordingly read the Third time and passed, with amendments.
Tuesday 4th April 2017
(7 years, 8 months ago)
Lords ChamberChildren and Social Work Act 2017 Read Hansard Text Amendment Paper: HL Bill 110-I Marshalled list for consideration of Commons amendments (PDF, 136KB) - (3 Apr 2017)
This text is a record of ministerial contributions to a debate held as part of the Children and Social Work Act 2017 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
“(6) In this section—
“relevant child” means—
(a) a child who was looked after by the local authority or another local authority in England or Wales but ceased to be so looked after as a result of—
(i) a child arrangements order which includes arrangements relating to with whom the child is to live, or when the child is to live with any person,
(ii) a special guardianship order, or
(iii) an adoption order within the meaning given by section 72(1) of the Adoption Act 1976 or section 46(1) of the Adoption and Children Act 2002, or
(b) a child who appears to the local authority—
(i) to have been in state care in a place outside England and Wales because he or she would not otherwise have been cared for adequately, and
(ii) to have ceased to be in that state care as a result of being adopted.”
The Parliamentary Under-Secretary of State, Department for Education (Lord Nash) (Con)
My Lords, for five months last year this House diligently scrutinised the Children and Social Work Bill and produced an important piece of legislation to improve the care and protection of our vulnerable children, and the support provided to those who work with them. Since November, that process has continued in the other place and I am delighted that as a result, the Bill has now been brought for our consideration today. I hope that after today’s debate noble Lords will agree that the Bill is now in good shape and that our productive dialogue on its provisions should move on to the critical matter of effective and timely implementation.
This group of amendments strengthens areas of the Bill to which the House has already devoted much time. These are small but important refinements; I will endeavour to explain how they will make the current provisions of the Bill still more impactful.
Lord Hunt of Kings Heath (Lab)
My Lords, the Minister has paid due tribute to Members of this House for their contribution as the Bill was scrutinised some months ago. In return, the Minister’s willingness—and that of his colleague in the other place, Mr Edward Timpson—has been commendable and is much appreciated. There is no doubt that the Bill has changed quite considerably. I particularly welcome the fact that regulation of social workers is now to be undertaken by an independent body, subject to the oversight of the PSA. I also welcome the Government’s decision to accept that the innovation clauses which the Lords took out would not be reinserted in the other place. Essentially, they involved giving local authorities the ability to override primary legislation, so we have maintained an important principle.
The Minister has introduced a number of interesting amendments. I will follow other noble Lords in asking one or two questions. The noble Lord, Lord Ramsbotham, and the noble Earl, Lord Listowel, have raised important points in relation to secure children’s homes in Scotland and the amendments brought forward by the Minister. There can, of course, be no objection whatever to dealing with the technical deficiencies which have been identified, but there is a concern that, across the last six years, there has been a, I think, 22% reduction in secure accommodation places for children. There would be a concern if these provisions were used inappropriately to transfer young people across the border because there were not sufficient resources in England. I hope that the Minister can assure me that this is purely a technical provision, that the Government are actually committed to ensuring that there are sufficient places in England, and that young people are not sent unnecessarily long distances from their homes. As the noble Lord and the noble Earl said, that cannot do very much to improve the quality of their lives, which is the purpose of secure accommodation.
I recognise that the provisions on improvement standards for social workers are a logical outcome of the Government accepting the proposition that social worker regulation should come under an independent regulator. The noble Lord said some welcome words about the Government’s desire to encourage the development of a sector-led improvement body. Clearly, efforts have been made in this regard in the past that have not been deemed to work, but the Government are right to try to inspire another go at getting this right. The noble Lord will probably know that both BASW and UNISON have raised concerns about the Secretary of State setting standards and whether they are linked to the national assessment and accreditation scheme. I shall not go into that in detail, but clearly there is a concern among social workers about the way in which the scheme could be used potentially to penalise individual social workers. I hope that the noble Lord will set my mind at rest on that.
In taking forward these proposals on the establishment of a new regulator and the setting of standards and their assessment by the Secretary of State, I hope that there will be, as the noble Earl, Lord Listowel, said, full engagement with the sector, including with UNISON, BASW and other bodies. There is a particular role for the chief inspector of children’s services here. I look across the Floor of the House at the noble Lord, Lord Laming, who was a most distinguished chief inspector of social services a few years ago. It is a very difficult role comprising being a principal adviser to Ministers and being head of a profession while upholding the public interest. The chief inspector of children’s services has a very strong role to play in trying to pull the stakeholders together rather than necessarily just confronting them. I hope that she and the Minister will take this suggestion as one that is meant in the best possible way. In the end, if this provision is to work effectively, it is very important that we take the profession with us as much as we can on this journey of improvement. The Opposition fully support the Government in seeking to improve standards in the profession. That is why we support the broad thrust of the Bill.
The noble Baroness, Lady Pinnock, talked about training providers. There has been concern, particularly in the light of the debate on the higher education Bill, about who the providers might be. If the Minister could give some assurance about the quality of provision in social work training, that would be very helpful.
I am grateful to the Minister for his work on the Bill, the amendments he has brought forward and for the overall thrust of where we are now going, which we support.
Lord Nash
My Lords, I thank noble Lords for their helpful comments. I repeat that these amendments, although important, are, for the most part, relatively minor. However, I will attempt to answer the points that were raised.
On the point about the role of higher education institutions, raised by the noble Baroness, Lady Pinnock, the noble Earl, Lord Listowel, and the noble Lord, Lord Hunt, as I said, the amendments in this group already include provision for financial assistance for organisations, including HEIs, providing social work training. The Government already play a role in ensuring that adequate initial HEI training is available and are absolutely committed to continuing to do this. This clause allows for this funding to be provided to HEIs, and the Government are committed to continuing this support.
The noble Baroness, Lady Pinnock, asked about funding. We have published a new burden assessment of the Bill’s provisions, including a commitment to provide additional funding where appropriate.
The noble Baroness, Lady Walmsley, talked about issues that some parents face when their child transfers from primary to secondary education. I would be delighted to meet her and the parents concerned to discuss this matter further.
The noble Earl, Lord Listowel, and the noble Lords, Lord Ramsbotham, Lord Warner and Lord Hunt, also talked about secure placements in Scotland and generally. Placements in Scottish secure homes have happened, commonly, over time. These amendments are necessary to fill a legislative gap relating to secure placements in Scotland by English and Welsh local authorities—a technical point. While important, they do not seek to change policy; as I say, they are a technical fix.
“Education relating to relationships and sex
(1) The Secretary of State must by regulations make provision requiring—
(a) relationships education to be provided to pupils of compulsory school age receiving primary education at schools in England;
(b) relationships and sex education to be provided (instead of sex education) to pupils receiving secondary education at schools in England.
(2) The regulations must include provision—
(a) requiring the Secretary of State to give guidance to proprietors of schools in relation to the provision of the education and to review the guidance from time to time;
(b) requiring proprietors of schools to have regard to the guidance;
(c) requiring proprietors of schools to make statements of policy in relation to the education to be provided, and to make the statements available to parents or other persons;
(d) about the circumstances in which a pupil (or a pupil below a specified age) is to be excused from receiving relationships and sex education or specified elements of that education.
(3) The regulations must provide that guidance given by virtue of subsection (2)(a) is to be given with a view to ensuring that when relationships education or relationships and sex education is given—
(a) the pupils learn about—
(i) safety in forming and maintaining relationships,
(ii) the characteristics of healthy relationships, and
(iii) how relationships may affect physical and mental health and well-being, and
(b) the education is appropriate having regard to the age and the religious background of the pupils.
(4) The regulations may make further provision in connection with the provision of relationships education, or relationships and sex education.
(5) Before making the regulations, the Secretary of State must consult such persons as the Secretary of State considers appropriate.
(6) The regulations may amend any provision (including provision conferring powers) that is made by or under—
(a) section 342 of the Education Act 1996;
(b) Chapter 4 of Part 5 of the Education Act 1996; (c) Schedule 1 to the Education Act 1996;
(d) Part 6 of the Education Act 2002;
(e) Chapter 1 of Part 4 of the Education and Skills Act 2008; (f) the Academies Act 2010.
(7) Any duty to make provision by regulations under subsection (1) may be discharged by making that provision by regulations under another Act, so long as the Secretary of State consults such persons as the Secretary of State considers appropriate before making the regulations under that Act.
(8) The provision that may be made by regulations under subsection (1) by virtue of section 70 includes, in particular, provision amending, repealing or revoking any provision made by or under any Act or any other instrument or document (whenever passed or made).
(9) Regulations under subsection (1) which amend provision made by or under an Act are subject to the affirmative resolution procedure.
(10) Other regulations under subsection (1) are subject to the negative resolution procedure.
(11) Expressions used in this section, where listed in the left-hand column of the table in section 580 of the Education Act 1996, are to be interpreted in accordance with the provisions of that Act listed in the right-hand column in relation to those expressions.”
Lord Nash
My Lords, the Government want all children to have access to age-appropriate relationships education, relationships and sex education—RSE—and personal, social, health and economic education that relate to the modern world. We believe this is vital to ensuring that pupils are taught the knowledge and skills they need to stay safe and develop healthy, supportive relationships, particularly in view of their increasing use of online technology and social media. I know that many noble Lords have worked tirelessly to raise the profile of this issue and I thank them for their valuable contribution.
As my honourable friend the Minister of State for Vulnerable Children and Families stated on Report in the House of Commons, we have listened to calls for further action on this. That includes from professionals working in the field, from parents and carers and from young people themselves. Evidence presented to numerous Select Committees has added to the weight of evidence, and many teaching unions have also called for mandatory status, as have leading parent representative bodies such as Mumsnet and PTA UK. The growing concerns about child sexual abuse and exploitation, and about children sharing and viewing inappropriate materials, have convinced us that there is a compelling case to act in relation to pupil safety.
Amendment 12 places a duty on the Secretary of State to make relationships education and RSE mandatory. The strength of this approach is that it will allow us to engage with a wide range of interests and expertise ahead of putting the duty into effect. The outcome of this engagement will feed into both the legislative process needed to make these subjects mandatory and the guidance that will support schools in delivering high-quality, inclusive relationships education and RSE.
We are creating a regulation-making power to enable the Secretary of State to make PSHE mandatory. It is clear that the most pressing safeguarding concerns relate to relationships and RSE, but it is evident that wider concerns about child safety and well-being relate to the types of life skills that this subject can cover, such as an understanding of the risks of drugs and alcohol, and safeguarding physical and mental health. That is why we want to have the ability to make PSHE also mandatory, subject to the outcome of thorough consideration of the subject and careful consideration of the fit with the content of relationships education and RSE.
The wider engagement to consider content will begin this spring, and we expect that it will result in draft regulations and guidance for consultation in the autumn of this year. Following the consultation, we will lay regulations in both Houses, alongside final draft guidance, allowing for a full and considered debate. We envisage that the statutory guidance will be published in 2018, once the regulations have been debated and approved by both Houses, and at least one full year before the academic year 2019-20.
Our proposals have already been debated fully in the other place, and I have also had the opportunity to discuss them with some noble Lords individually and in drop-in sessions. Therefore, I know that there will be particular interest in certain points of detail, and it may help to cover some of them briefly at the start of the debate.
First, we do not want to be overly prescriptive on content and therefore have chosen not to specify in the Bill the exact content of the subjects. We know that the rapidly changing risks that young people face mean that the legislation could quickly be out of date if we attempted to list key topics. We will ensure that our external engagement results in a clear understanding of the full set of knowledge and skills that relationships education, RSE and PSHE should provide for children and young people.
However, Amendment 12 will ensure that the Secretary of State will be required to issue guidance on delivering these subjects to which all schools must have regard. The amendment also requires that the guidance is given with a view to ensuring that pupils learn about safety in forming and maintaining relationships, the characteristics of healthy relationships, and how relationships may affect mental and physical health and well-being.
It will be essential, of course, that the content of these subjects is age appropriate. We expect the new subject of relationships education for primary schools to focus on themes such as friendships, different types of family relationships, how to deal with bullying and respect for other people. We anticipate that RSE in secondary schools will include topics such as sexual health, including sexually transmitted infections, and sexuality—all set firmly within the context of healthy relationships. It will also cover helping pupils to understand the law in relation to sex. This will complement elements already taught in the science national curriculum.
This will contribute to wider government efforts to improve all elements of internet safety. We want Britain to be the safest place in the world for young people to go online. We know that more needs to be done and the Department for Culture, Media and Sport has commenced work on a new internet safety strategy. The DCMS will consider all available options. It will want to talk to all the leading stakeholders, collect evidence and test solutions before delivering a sensible package of proposals.
We will consider the need for PSHE topics in this context and we expect our analysis to cover the broad pillars of healthy bodies, lifestyles and healthy minds, economic well-being and making a positive contribution to society. The amendment will ensure that education provided under these subjects is appropriate not only to a child’s age but to their religious background. The Secretary of State must give guidance to schools on how to deliver this, but this provision will give faith schools the flexibility to teach these subjects reflecting the tenets of the faith, while still being consistent with their duties under the Equality Act.
We expect all schools to ensure that young people feel that relationships education and RSE are relevant to them and sensitive to their needs. As part of our wider engagement, we envisage working with organisations such as Stonewall and the Terrence Higgins Trust, which are already supporting schools very well in this area. The guidance will draw on existing good practice on how to provide good-quality, inclusive subject content that is also consistent with the ethos of the school.
Schools will be able to consider how best to teach these subjects, taking account of the age and religious backgrounds of their pupils, but not whether to teach them. The amendment does, however, provide for a right to withdraw from sex education in RSE for parents who would prefer to teach some or all of sex education to their children themselves. We will ensure that the right to withdraw is consistent with current case law regarding the age at which a pupil may have the right to make their own decisions about whether to withdraw from sex education or not. I want to assure noble Lords that all this will be covered in regulations, which will be subject to the affirmative procedure and therefore debated in both Houses.
The amendment does not provide for a right to withdraw from relationships education for pupils receiving primary education. This is because we envisage relationships education will focus on themes such as friendships, family relationships and dealing with strangers. I am sure noble Lords will agree that this is appropriate and important for all children to learn.
We are committed to giving schools time to prepare fully for these important changes, so that they will be ready to teach high-quality relationships education, RSE and potentially PSHE, pending the findings from our engagement and consultation. We therefore anticipate implementation will commence from September 2019.
I have mentioned already that we intend to conduct a thorough and wide process of engagement, both to develop regulations and guidance and to assess what support the sector may need as a result of this legislation. The department will begin this process of engagement as soon as possible after Royal Assent. We are considering what expert advice the department requires to help inform this work. We envisage seeking expertise in school leadership and the subject matter. As we have already set out, we intend to consult on the draft regulations and guidance in the autumn of this year.
The process will include activity with the teaching profession; subject associations such as the PSHE Association, whose former CEO Joe Hayman deserves recognition for working tirelessly for this cause for many years, and the Sex Education Forum; faith groups such as the Catholic Education Service, the Church of England and other leading faith representative organisations; leading children’s stakeholders, such as Barnardo’s, the Children’s Society, the National Children’s Bureau, the NSPCC and other voluntary sector groups such as Stonewall, the Terrence Higgins Trust and the End Violence Against Women Coalition; teaching unions; and organisations that work in this space with schools and children such as the Young Enterprise. Perhaps most crucially, we want this work to engage directly with children, young people and parents, so we can be sure that the end result delivers what they need and that we are helping children and young people to be safe and happy as they grow older.
Of course, we would also like noble Lords to contribute to this wider engagement, particularly those who have expertise and experience in these areas; for example, in online safety. I look forward to working with fellow Peers on this.
I hope that noble Lords will join me in supporting this considered approach to reforming this area of the curriculum in collaboration with schools. I know there are some amendments in this group that other noble Lords will wish to speak to, but I trust that the House will welcome the important principles I have set out and welcome, as I do, these Commons amendments. I beg to move.
Amendment 12A (as an amendment to Amendment 12)
Lord Nash
My Lords, I am grateful for the many comments that have been made in relation to these amendments. I assure noble Lords that we have considered all the issues that have been raised very carefully. We will continue to do so as we develop the regulations and statutory guidance. The Government are clear that children need to have the knowledge and skills at the right time to help them confidently navigate the modern world.
These amendments are not at all driven by the need to lighten my or my successors’ loads by avoiding the necessity of answering regular—I will not say endless—questions from the noble Baroness, Lady Massey, on this subject. I record my gratitude to her for the tireless way in which she has campaigned on it.
The role of parents is central to many of these issues. We are clear that schools have a role in supporting parents to ensure their children develop the knowledge and skills they need to stay safe and happy, hence making the subjects covered by Amendment 12 mandatory. We therefore think it is right that we encourage close working between schools and parents on content and delivery of lessons.
Amendment 12A, in the name of the noble Lord, Lord Storey, seeks to make RSE mandatory in primary schools. I thank the noble Lord for a helpful recent meeting on this. I know that he welcomes the overall proposals made by the Government, as he said today. We want to focus on ensuring that all children can access relationships education at primary school. This will likely include age-appropriate content, online risks such as pornography, particularly in the later stages of primary, and will involve supporting children to learn the building blocks of how to develop mutually respectful relationships both online and offline. This will then provide a solid foundation for RSE at secondary school.
Primary schools will, of course, continue to teach the same as now in the science curriculum. This is a very sensitive issue for many parents, as a number of noble Lords have said, and we need to respect that. Our approach is to trust and encourage schools to engage with parents. This allows schools to take a collective view with parents on whether they would like some elements of sex education to be taught at primary. We know that currently some primary schools teach sex and relationships education in an age-appropriate way. The Government’s intention is to preserve the current situation for parents to allow them to excuse their child from any non-science related sex education taught at primary. The right to withdraw would not apply to science teaching, as now. We will engage with the teaching profession and experts, such as the Sex Education Forum and religious groups, to ensure that the guidance clarifies what should be taught to younger pupils to equip them as they begin to make the transition to adulthood. We will also talk to parents so that we can factor in their views about the age-appropriate content they want their children to be taught.
Amendment 12B, in the name of the noble Baroness, Lady Walmsley, seeks to remove the right to withdraw. I thank the noble Baroness for raising the issue. However, we believe that it is important to make appropriate provision for a right for parents to withdraw their child from sex education within RSE. We believe it is right that parents have the option to teach this to their children themselves, in accordance with their values, if they so wish.
We have not provided a right to withdraw from relationships education at primary because this will focus on core concepts of safety and forming healthy relationships that we think all children should be taught. Of course, children in primary school will also continue to receive the same education in the science curriculum as now, and, as I have said, the right of withdrawal will not apply to that curriculum.
We know that parents can be supportive partners alongside schools in delivering relationships and sex education. That is why we will look to retain the elements of current guidance that encourage schools to actively involve parents when they plan their programmes. We know that in practice, very few parents exercise their right to withdraw, and close working between schools and parents to get the content right is crucial to this.
As we have said in our policy statement to the House, the Secretary of State will consult further to clarify the age at which a young person may have the right to make their own decisions. This is because the current blanket right of parents is inconsistent with English case law, and with the ECHR and the UN Convention on the Rights of the Child. The outcome will be set out in regulations, which will be subject to consultation and debate. I welcome further discussion with the noble Baroness on that point as we move forward, recognising that she has particular expertise in this area.
On Amendments 12C and 12D, in the names of the noble Lords, Lord Storey and Lord Paddick, on removing consideration of religious backgrounds, I appreciate their interest in the topic of teaching that is appropriate to religious backgrounds. We believe it is right that the religious views of parents and children should be respected when teaching about these subjects. However, I reiterate that the religious background point does not allow schools to avoid teaching these subjects; it is about how they teach them. They can teach them in a way that is sensitive to religious background while being compliant with the Equality Act, which of course they must be. Even if a school or individual teacher were to suggest that, within the context of their faith, same-sex relationships or marriage are wrong, they would also be expected to explain that their views are set within a wider context—that beliefs on this subject differ, that the law of the country recognises these relationships and marriages, and that all people should be treated with equal respect. If a school or teacher conveyed their belief in a way that involved discriminating against a particular pupil or group of pupils, this would be unacceptable in any circumstances and is likely to constitute unlawful discrimination.
I am grateful to the right reverend Prelate the Bishop of Peterborough for his comments, and a number of noble Lords also referred to the Catholic Education Service guidance, which sets out that pupils should be taught a broad and balanced RSE programme which provides them with factual information. In secondary schools, this includes teaching about the law in relation to equalities and marriage, including same-sex marriage. It also sets out that pupils should be taught that discriminatory language is unacceptable, including homophobic language, and explains how to challenge it. We believe that it would be inappropriate to refute the rights of parents by teaching about relationships and sex without having regard to the religious background of the pupils. To do so would risk breaching parents’ rights to freedom of religion.
However, on what the noble Lord, Lord Paddick, said about bullying, we have supported and funded a number of organisations to help schools drive it out. On his concerns about ensuring good practice and that materials are disseminated widely, we will of course support that endeavour. Our proposals have been welcomed by a number of organisations representing the LGBT communities, including Stonewall, which said:
“This is a huge step forward and a fantastic opportunity to improve inclusion and acceptance in education”.
To pick up on a point made so well by my noble friend Lord Deben, the engagement process will be important to ensure that we can agree on an approach that balances all views and interests. We have seen many examples of faith schools already teaching sex education that is both in line with their ethos and inclusive, in compliance with the Equality Act and public sector equality duty. We therefore want to talk to a wide range of stakeholders and learn from existing good practice, and reflect that in the regulations and guidance.
In response to Amendment 12E, in the name of the noble Lord, Lord Storey, on teaching content, I thank him for raising this matter. I agree that the programmes that schools shape and deliver on relationships education and RSE are key. The content of what is taught, and how it is taught, must prepare pupils for the modern world and be age-appropriate. However, I do not agree that we should define the content of the subjects in detail in legislation as, given the nature of these subjects, this would very quickly become out of date. We want schools to be able to respond quickly to changes in society. We also want to give them flexibility to design a programme that meets the particular needs of their pupils. That is why we intend to conduct a thorough and wide-ranging engagement with the subjects, which will consider subject content, school practice and quality of delivery. The aim is to determine the content of the regulations and the statutory guidance, including what level of subject content we should specify.
As I said, that will entail significant involvement of the teaching profession. The department will also engage with, and seek evidence from, a wide range of experts in the field, many of whom I have already referred to. The guidance will provide a clear framework for schools, with core pillars of content, to allow them to design their programmes. Crucially, this approach will still allow expert organisations, such as the PSHE Association, to produce their own high-quality materials for schools to use, as they do at the moment.
In answer to the points made by the noble Baroness, Lady Tyler, the noble and learned Baroness, Lady Butler-Sloss, and the noble Lord, Lord Watson, I completely agree about the importance of training and the use of voluntary organisations, and we will consider this carefully in our considerations in the run-up to delivery.
The noble Lord, Lord Watson, also raised an important point about Ofsted. The chief inspector will of course consider the implications for inspections that arise from the new requirements and the statutory guidance, and will reflect these in future inspections. Ofsted is also seeking to appoint an HMI lead for citizenship and PSHE. Their role will be to keep abreast of developments in this area and oversee the training of inspectors in the light of the new expectations on schools. On 10 March, HMCI announced that her first major thematic review will be on the curriculum. This will include consideration of PSHE and will inform decisions about follow-up work in this important area.
Amendment 12F in the name of the noble Lord, Lord Watson, is about including the statutory guidance in the regulations and making all regulations subject to the affirmative resolution procedure. I am grateful for the points he made and want to reassure the House that it is government policy that guidance should not be used to circumvent the usual way of regulating a matter. If the policy is to create rules that must be followed, this should be achieved using regulations that are subject to parliamentary scrutiny. The purpose of guidance is to aid policy implementation by supplementing legal rules. A vast range of statutory guidance is issued each year and it is important that guidance can be updated rapidly to keep pace with events.
It is my intention to consult fully on any guidance to be issued under these arrangements. I will be very happy to provide copies of the draft guidance to both Houses at that point and to discuss matters with the noble Lord and my noble friend Lord McColl, particularly the four points raised today.
On the parliamentary procedure used for the RSE and PSHE regulations, we absolutely recognise that it would be important for Parliament to scrutinise substantial changes to the existing legislative framework through the affirmative procedure. I therefore reassure noble Lords that our intention is to bring forward a comprehensive set of regulations that would amend existing legislation, set out the new duties and provide for any additional supporting measures. I also confirm that the regulations we will be making to establish the new regime will be subject to the affirmative procedure. On that basis, I hope that the noble Lord is reassured of the role of Parliament in the next important phase.
I conclude by saying again how much I appreciate the amendments that have been tabled and the opportunity they have provided to discuss these issues today. I am grateful for all the contributions from noble Lords in this debate. However, I hope that I have given sufficient—
Lord Elton (Con)
Can my noble friend elaborate a little on what he said in reply to my noble friend Lord McColl and the noble and learned Baroness, Lady Butler-Sloss? Training teachers in a subject with which they are not comfortable is not a quick process. The Minister said that the Government would consult on this. Can he tell us what stage this process will have reached when these provisions come into effect? Sex education is not an easy subject for many people and they really should not be pushed into it until they are properly trained.
Lord Nash
My noble friend raises a very good point. Of course, we have to devise the content first, and we need to get on with that so that we can get on with the training. I would be very happy to discuss this further and will write to him with more details.
Having said all that, I hope that I have given sufficient reassurance to convince noble Lords that their amendments are unnecessary and that our proposals as they stand will go far enough in driving improvements, without being overly prescriptive, and strike the right balance. I am delighted to have presented the Commons amendments to the House today. These measures will make a genuinely important contribution to children’s safety and their personal development. I hope the House shares my enthusiasm and will support these Commons amendments.
“Other personal, social, health and economic education
(1) The Secretary of State may by regulations make provision requiring personal, social, health and economic education (beyond that required by virtue of section [Education relating to relationships and sex]) to be provided—
(a) to pupils of compulsory school age receiving primary education at schools in England;
(b) to pupils receiving secondary education at schools in England.
(2) The regulations may include—
(a) provision requiring the Secretary of State to give guidance to proprietors of schools in relation to the provision of the education;
(b) provision requiring proprietors of schools to have regard to that guidance;
(c) provision requiring proprietors of schools to make statements of policy in relation to the education to be provided, and to make the statements available to parents or other persons;
(d) further provision in connection with the provision of the education.
(3) Before making the regulations, the Secretary of State must consult such persons as the Secretary of State considers appropriate.
(4) The regulations may amend any provision (including provision conferring powers) that is made by or under—
(a) section 342 of the Education Act 1996;
(b) Chapter 4 of Part 5 of the Education Act 1996; (c) Schedule 1 to the Education Act 1996;
(d) Part 6 of the Education Act 2002;
(e) Chapter 1 of Part 4 of the Education and Skills Act 2008;
(f) the Academies Act 2010.
(5) The provision that may be made by regulations under subsection (1) by virtue of section 70 includes, in particular, provision amending, repealing or revoking any provision made by or under any Act or any other instrument or document (whenever passed or made).
(6) Regulations under subsection (1) which amend provision made by or under an Act are subject to the affirmative resolution procedure.
(7) Other regulations under subsection (1) are subject to the negative resolution procedure.
(8) Expressions used in this section, where listed in the left-hand column of the table in section 580 of the Education Act 1996, are to be interpreted in accordance with the provisions of that Act listed in the right-hand column in relation to those expressions.
(9) A power to make provision under this section does not limit any power to make provision of the same kind under another Act.”
Placing children in secure accommodation elsewhere in Great Britain
Children Act 1989
1 The Children Act 1989 is amended as follows.
2 (1) Section 25 (use of accommodation in England for restricting liberty of children looked after by English and Welsh local authorities)—
(a) is to extend also to Scotland, and
(b) is amended as follows.
(2) In subsection (1)—
(a) for “or local authority in Wales” substitute “in England or Wales”;
(b) after “accommodation in England” insert “or Scotland”;
(3) In subsection (2)—
(a) in paragraphs (a)(i) and (ii) and (b), after “secure accommodation in England” insert “or Scotland”;
(b) in paragraph (c), for “or local authorities in Wales” substitute “in England or Wales”;
(4) After subsection (5) insert—
“(5A) Where a local authority in England or Wales are authorised under this section to keep a child in secure accommodation in Scotland, the person in charge of the accommodation may restrict the child’s liberty to the extent that the person considers appropriate, having regard to the terms of any order made by a court under this section.”
(5) In subsection (7)—
(a) in paragraph (c), after “secure accommodation in England” insert “or Scotland”;
(b) after that paragraph, insert—
“(d) a child may only be placed in secure accommodation that is of a description specified in the regulations (and the description may in particular be framed by reference to whether the accommodation, or the person providing it, has been approved by the Secretary of State or the Scottish Ministers).”
(6) After subsection (8) insert—
“(8A) Sections 168 and 169(1) to (4) of the Children’s Hearings (Scotland) Act 2011 (asp 1) (enforcement and absconding) apply in relation to an order under subsection (4) above as they apply in relation to the orders mentioned in section 168(3) or 169(1)(a) of that Act.”
3 In paragraph 19(9) of Schedule 2 (restrictions on arrangements for children to live abroad), after “does not apply” insert “—
(a) to a local authority placing a child in secure accommodation in Scotland under section 25, or
(b) ”.
Children (Secure Accommodation) Regulations 1991 (S.I. 1991/1505)
4 The Children (Secure Accommodation) Regulations 1991 (S.I. 1991/1505) are amended as follows.
5 In regulation 1—
(a) in the heading, for “and commencement” substitute “, commencement and extent;
(b) the existing text becomes paragraph (1); (c) after that paragraph insert—
“(2) This Regulation and Regulations 10 to 13 extend to England and Wales and Scotland.
(3) Except as provided by paragraph (2), these Regulations extend to England and Wales.”
6 In regulation 2(1) (interpretation), in the definition of “children’s home”, for the words from “means” to the end, substitute “means—
(a) a private children’s home, a community home or a voluntary home in England, or
(b) an establishment in Scotland (whether managed by a local authority, a voluntary organisation or any other person) which provides residential accommodation for children for the purposes of the Children’s Hearings (Scotland) Act 2011, the Children (Scotland) Act 1995 or the Social Work (Scotland) Act 1968”.
7 For regulation 3 substitute—
“3 Approval by Secretary of State of secure accommodation in a children’s home
(1) Accommodation in a children’s home shall not be used as secure accommodation unless—
(a) in the case of accommodation in England, it has been approved by the Secretary of State for that use;
(b) in the case of accommodation in Scotland, it is provided by a service which has been approved by the Scottish Ministers under paragraph 6(b) of Schedule 12 to the Public Services Reform (Scotland) Act 2010.
(2) Approval by the Secretary of State under paragraph (1) may be given subject to any terms and conditions that the Secretary of State thinks fit.”
8 In regulation 17 (records), in the words before paragraph (a), after “children’s home” insert “in England”.
Secure Accommodation (Scotland) Regulations 2013 (S.S.I. 2013 No. 205)
9 The Secure Accommodation (Scotland) Regulations 2013 (S.S.I. 2013 No. 205) are amended as follows.
10 In regulation 5 (maximum period in secure accommodation), after paragraph (2) insert—
“(3) This regulation does not apply in relation to a child placed in secure accommodation in Scotland under section 25 of the Children Act 1989 (which allows accommodation in Scotland to be used for restricting the liberty of children looked after by English and Welsh local authorities).”
11 In regulation 15 (records to be kept by managers of secure accommodation in Scotland), after paragraph (2) insert—
“(3) The managers must provide the Secretary of State or Welsh Ministers, on request, with copies of any records kept under this regulation that relate to a child placed in secure accommodation under section 25 of the Children Act 1989 (which allows local authorities in England or Wales to place children in secure accommodation in Scotland).”
Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 (S.I. 2013 No. 1465)
12 In Article 7 of the Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 (S.I. 2013 No. 1465) (compulsory supervision orders and interim compulsory supervision orders), after paragraph (2) insert—
“(3) Where—
(a) a compulsory supervision order or interim compulsory supervision order contains a requirement of the type mentioned in section 83(2)(a) of the 2011 Act and a secure accommodation authorisation (as defined in section 85 of that Act),
(b) the place at which the child is required to reside in accordance with the order is a place in England or Wales, and
(c) by virtue of a decision to consent to the placement of the child in secure accommodation made under article 16, the child is to be placed in secure accommodation within that place, the order is authority for the child to be placed and kept in secure accommodation within that place.”
Social Services and Well-being (Wales) Act 2014 (anaw 4)
13 In section 124(9) of the Social Services and Well-being (Wales) Act 2014 (anaw 4) (restrictions on arrangements for children to live outside England and Wales), after “does not apply” insert “—
(a) to a local authority placing a child in secure accommodation in Scotland under section 25 of the Children Act 1989, or
(b) ”.
Saving for existing powers
14 The amendments made by this Schedule to provisions of subordinate legislation do not affect the power to make further subordinate legislation amending or revoking the amended provisions.”
“Amendments to do with Part 2
Part 1
General amendments
London County Council (General Powers) Act 1920
1 In section 18(e) of the London County Council (General Powers) Act 1920, after “under the Health and Social Work Professions Order 2001” insert “or section 45(1) of the Children and Social Work Act 2017”.
Medicines Act 1968
2 In section 58 of the Medicines Act 1968, omit subsection (1ZA).
Video Recordings Act 1984
3 In section 3 of the Video Recordings Act 1984, omit subsection (11A).
London Local Authorities Act 1991
4 In section 4 of the London Local Authorities Act 1991, in paragraph (c) of the definition of “establishment for special treatment”, after “under the Health and Social Work Professions Order 2001” insert “or section 45(1) of the Children and Social Work Act 2017”.
Value Added Tax Act 1994
5 In Part 2 of Schedule 9 to the Value Added Tax Act 1994, in the Notes to Group 7, omit note (2ZA).
Data Protection Act 1998
6 In section 69(1) of the Data Protection Act 1998, in paragraph (h), omit the words from “, except in so far” to the end.
Care Standards Act 2000
7 The Care Standards Act 2000 is amended as follows.
8 (1) Section 55 is amended as follows.
(2) In subsection (2) as substituted by the Regulation and Inspection of Social Care (Wales) Act 2016, omit paragraph (a).
(3) Until the coming into force of the substitution of subsection (2) by the Regulation and Inspection of Social Care (Wales) Act 2016, the old version has effect as if in paragraph (a) after “social work” there were inserted “in Wales”.
(4) In subsection (3) as substituted by the Regulation and Inspection of Social Care (Wales) Act 2016, omit paragraph (k).
9 (1) Section 67 is amended as follows.
(2) Omit subsection (1A).
(3) In subsection (2) as substituted by the Regulation and Inspection of Social Care (Wales) Act 2016—
(a) omit paragraph (a) (including the “and” at the end), and
(b) in paragraph (b), omit “other”.
(4) Until the coming into force of the substitution of subsection (2) by the Regulation and Inspection of Social Care (Wales) Act 2016, the old version has effect as if the words from “courses”, in the first place it occurs, to “social workers” were omitted.
Health and Social Work Professions Order 2001
10 The Health and Social Work Professions Order 2001 (SI 2002/254) is amended as follows.
11 (1) Article 3 is amended as follows.
(2) In paragraph (5)(b)—
(a) in paragraph (ii), after “registrants or” insert “other”;
(b) at end of paragraph (iv) insert “and”;
(c) omit paragraphs (vi) and (vii).
(3) Omit paragraph (5AA).
12 In article 6(3)(aa), omit “or social work”.
13 In article 7(4), omit “or social work”.
14 (1) Article 9 is amended as follows.
(2) Omit paragraph (3A).
(3) In paragraph (8), omit “or social work”.
15 (1) Article 10 is amended as follows.
(2) In paragraph (6), omit “or social work”.
(3) Omit paragraph (7).
16 In article 11A, omit paragraph (11).
17 (1) Article 12 is amended as follows.
(2) In paragraph (1)—
(a) at the end of sub-paragraph (b) insert “or”;
(b) omit sub-paragraph (d) and the “or” before it.
(3) In paragraph (2)—
(a) at the end of sub-paragraph (a) insert “and”;
(b) omit sub-paragraph (c) and the “and” before it.
18 (1) Article 13 is amended as follows. (2) In paragraph (1), omit “or (1B)”. (3) Omit paragraph (1B).
19 For the heading of article 13A substitute “Visiting health professionals from relevant European States”.
20 Omit article 13B.
21 In article 19(2A)(b), omit “or social work”.
22 In article 20, omit the words from “; but the reference” to the end.
23 (1) Article 37 is amended as follows.
(2) In paragraph (1)(aa), omit “or social work”. (3) Omit paragraph (1B).
(4) In paragraph (5A)(a), omit the words from “or registered as a social worker” to the end of that sub-paragraph.
(5) In paragraph (8), omit “(other than a hearing on an appeal relating to a social worker in England)”.
(6) Omit paragraph (8A).
24 (1) Article 38 is amended as follows. (2) Omit paragraph (1ZA).
(3) In paragraph (4), omit “(subject to paragraph (5))”. (4) Omit paragraph (5).
25 In article 39, omit paragraph (1A).
26 In Schedule 1, in paragraph 1A(1)(b), omit paragraph (ia) (but not the “and” at the end).
27 (1) In Schedule 3, paragraph 1 is amended as follows.
(2) In the definition of “visiting health or social work professional from a relevant European state”, omit “or social work” in both places.
(3) In the definition of “relevant professions”, omit “social workers in England;”.
(4) Omit the definition of “social worker in England”.
Adoption and Children Act 2002
28 (1) In section 10 of the Adoption and Children Act 2002, in subsection (2), omit “, one of the registers maintained under” substitute “—
(a) the register of social workers in England maintained under section 45 of the Children and Social Work Act 2017,
(b) any register of social care workers in England maintained under an Order in Council under section 60 of the Health Act 1999 or any register maintained under such an Order in Council so far as relating to social care workers in England, or
(c) the register maintained under”.
(2) Until the coming into force of the amendment made by sub-paragraph (1), section 10(2) of the Adoption and Children Act 2002 is to have effect as if the reference to the registers mentioned there included a reference to the part of the register maintained under article 5 of the Health and Social Work Professions Order 2001 that relates to social workers in England.
Income Tax (Earnings and Pensions) Act 2003
29 In section 343(2) of the Income Tax (Earning and Pensions) Act 2003, in paragraph 1 of the Table, after sub-paragraph (r) insert—
“(s) the register of social workers in England kept under section 45(1) of the Children and Social Work Act 2017.”
National Health Service Act 2006
30 In section 126 of the National Health Service Act 2006, for subsection
(4A) substitute—
“(4A) Subsection (4)(h) does not apply to persons in so far as they are registered as social care workers in England (within the meaning of section 60 of the Health Act 1999).”
National Health Service (Wales) Act 2006
31 In section 80 of the National Health Service (Wales) Act 2006, for subsection (4A) substitute—
“(4A) Subsection (4)(h) does not apply to persons in so far as they are registered as social care workers in England (within the meaning of section 60 of the Health Act 1999).”
Armed Forces Act 2006
32 In section 257(3) of the Armed Forces Act 2006, for paragraph (a) substitute— “(a) Social Work England;”.
Safeguarding Vulnerable Groups Act 2006
33 The Safeguarding Vulnerable Groups Act 2006 is amended as follows.
34 In section 41(7), in the table, after entry 10 insert—
“11 The register of social workers in England kept under section 45(1) of the Children and Social Work Act 2017 | The registrar appointed under section 45(3)(a) of the Children and Social Work Act 2017 or, in the absence of such an appointment, Social Work England” |
Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14)
36 In section 30A(6) of the Protection of Vulnerable Groups (Scotland) Act 2007—
(a) omit “the social work profession in England or”;
(b) for “each of those expressions having the same meaning as in” substitute “within the meaning of”.”
Children and Young Persons Act 2008
37 (1) In section 2 of the Children and Young Persons Act 2008, in subsection
(6), for paragraph (a) substitute—
“(a) in the register maintained by Social Work England under section 45(1) of the Children and Social Work Act 2017;”.
(2) Until the coming into force of the amendment made by sub-paragraph (1), section 2(6)(a) of the Children and Young Persons Act 2008 is to have effect as if the reference to the register mentioned there were to a register maintained under article 5 of the Health and Social Work Professions Order 2001.
Health and Social Care Act 2012
38 In the Health and Social Care Act 2012 omit sections 213, 215 and 216.
Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2)
39 The Regulation and Inspection of Social Care (Wales) Act 2016 is amended as follows.
40 In section 111(4)(b)—
(a) in the Welsh text, for “Cyngor y Proffesiynau Iechyd a Gofal” substitute “Gwaith Cymdeithasol Lloegr”;
(b) in the English text, for “the Health and Care Professions Council” substitute “Social Work England”.
41 In section 117(4)(a)—
(a) in the Welsh text, after “Gofal” insert “neu Waith Cymdeithasol Lloegr”;
(b) in the English text, after “Council” insert “or Social Work England”.
42 In section 119(4)(a)(ii)—
(a) in the Welsh text, for “y Cyngor Proffesiynau Iechyd a Gofal” substitute “Gwaith Cymdeithasol Lloegr”;
(b) in the English text, for “the Health and Care Professions Council” substitute “Social Work England”.
43 In section 125(5)(a)(ii)—
(a) in the Welsh text, for “y Cyngor Proffesiynau Iechyd a Gofal” substitute “Gwaith Cymdeithasol Lloegr”;
(b) in the English text, for “the Health and Care Professions Council” substitute “Social Work England”.
44 In section 174(5)(a)(ii)—
(a) in the Welsh text, for “Cyngor y Proffesiynau Iechyd a Gofal” substitute “Gwaith Cymdeithasol Lloegr”;
(b) in the English text, for “the Health and Care Professions Council” substitute “Social Work England”.
Part 2
Renaming of health and social work professions order 2001
45 For the title to the Health and Social Work Professions Order 2001 (SI 2002/254) substitute “Health Professions Order 2001”.
46 In article 1(1) of that Order (citation), for “the Health and Social Work Professions Order 2001” substitute “the Health Professions Order 2001”.
47 In the following provisions, for “the Health and Social Work Professions Order 2001” substitute “the Health Professions Order 2001”—
(a) section 18(e) of the London County Council (General Powers) Act 1920;
(b) section 3(11) of the Video Recordings Act 1984; (c) 114ZA(4) of the Mental Health Act 1983;
(d) paragraph (E) in the entry for the London County Council (General Powers) Act 1920 in Schedule 2 to the Greater London Council (General Powers) Act 1984;
(e) paragraph (c) of the definition of “establishment for special treatment” in section 4 of the London Local Authorities Act 1991;
(f) item 1(c) in Group 7, in Part 2 of Schedule 9 to the Value Added Tax Act 1994;
(g) section 69(1)(h) of the Data Protection Act 1998; (h) section 60(2)(c) of the Health Act 1999;
(i) sections 25C(8)(h) and 29(1)(j) of the National Health Service Reform and Health Care Professions Act 2002;
(j) section 126(4)(a) of the National Health Service Act 2006;
(k) section 80(4)(a) of the National Health Service (Wales) Act 2006;
(l) entry 10 in the table in section 41(7) of the Safeguarding Vulnerable Groups Act 2006.
48 In the definition of “registered psychologist” in each of the following provisions, for “the Health and Social Work Professions Order 2001” substitute “the Health Professions Order 2001”—
(a) section 307(1) of the Criminal Procedure (Scotland) Act 1995; (b) section 207(6) of the Criminal Justice Act 2003;
(c) section 21(2)(b) of the Criminal Justice (Scotland) Act 2003;
(d) section 25 of the Gender Recognition Act 2004.”