Education and Adoption Bill (Third sitting)
(9 years, 5 months ago)
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The Committee divided: - Ayes: 7 / Noes: 10 - Question accordingly negatived.
The Chair
We now begin line-by-line consideration of the Bill. Before we do, let me say that, should Members wish to remove their jackets during the Committee’s meetings, they may so do. I hope Members will also make sure all electronic devices are turned off or switched to silent mode.
I am going to make a few other preliminary announcements, including some that I would not normally make, because this is the first Standing Committee for a lot of Members present. As a general rule, my fellow Chair and I will not call starred amendments—amendments that have not been tabled with adequate notice. The required notice period in Public Bill Committees is three working days, which means that amendments should be tabled by the rise of the House on Monday if they are to be considered on Thursday, and by the rise of the House on Thursday if they are to be considered the following Tuesday. I am making an exception to that rule today, and I shall come to that in due course.
First, however, a brief explanation of how our arrangements normally operate may be useful to those who are new to them. The selection list for today’s sitting, which you probably all have before you, shows that various amendments have been grouped for debate. That happens at the discretion of the Chair, but such amendments normally have a similar theme or cover the same issue. The person who has tabled the lead amendment—the first amendment—in the group is called first to speak, and the Chairman will then call others who catch his eye. In a Standing Committee, it is possible for Members to speak on more than one occasion, so if they are dissatisfied with the Minister’s explanations—I am sure they will not be—they can always come back for a second bite at the cherry.
At the end of the debate on a group of amendments, I shall again call the Member who moved the lead amendment if they wish to respond to the debate. Sometimes, the lead amendment will be a probing amendment, and the person who moved it will seek leave to withdraw it. We have to go through that process; we cannot just assume that the amendment disappears—it either has to be put to a vote, or the Committee has to give the Member leave to withdraw it.
It may be possible to ask for a Division on, for example, the third or fourth amendment in the group, and that is at the Chair’s discretion. However, it is normally helpful if the Chair is informed in advance of a Member’s desire to put an amendment other than the lead amendment to a vote. I shall work on the assumption that the Minister wishes the Committee to reach a decision on all Government amendments, although, obviously, we do not have any today.
Decisions on amendments do not take place in the order in which amendments are debated, but in the order in which they appear on the amendment paper. An amendment—say amendment 15—may have been discussed with a group of amendments earlier on the selection list, but we would not actually vote on it until we reached it in chronological order on the amendment paper. I hope that is helpful. The Chair and the Clerk are both available to help Members who want advice.
We sometimes have an issue with stand part debates. We can have one on each clause, but if the substance of a clause is covered sufficiently in debates on the amendments to it, the Chair will advise that there will be no separate stand part debate. Normally, we will give you advance notice, so that the Committee knows where it stands.
Today I have, exceptionally, selected two starred amendments, which arose from issues that were presented in the oral evidence on Tuesday, which meant that the required notice could not be given in time for the deadline. I understand that the text of the amendments was circulated to Committee members yesterday afternoon.
We agreed a programme motion on 30 June, which is reproduced at the end of the amendment paper. The motion sets out the order in which we have to consider the Bill, so today we start with clause 13 and amendment 1.
Clause 13
Local authority adoption functions: joint arrangements
Steve McCabe (Birmingham, Selly Oak) (Lab)
I beg to move amendment 1, in clause 13, page 8, line 18, leave out “give directions” and insert “make orders”.
The Chair
With this it will be convenient to discuss the following:
Amendment 2, in clause 13, page 8, line 23, leave out “A direction” and insert “An order”.
Amendment 3, in clause 13, page 8, line 36, leave out “a direction” and insert “an order”.
Amendment 4, in clause 13, page 8, line 37, leave out “a direction” and insert “an order”.
Amendment 5, in clause 13, page 8, line 39, leave out “A direction” and insert “An order”.
Amendment 6, in clause 13, page 8, line 41, at end insert—
‘( ) Orders under subsection (1)—
(a) shall be made by statutory instrument, and
(b) may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.”.
These amendments Nos 1 to 6 would require joint arrangements proposed by the Secretary of State to be implemented only after approval by both Houses of Parliament.
Steve McCabe
It is a great pleasure to serve under your chairmanship, Mr Chope. I look forward, as I am sure we all do, to your firm but fair guidance in the course of the coming sittings.
The amendment is relatively simple. It challenges the Government intention to delegate substantial powers to the Minister to make changes in our adoption arrangements without any further reference to Parliament or scrutiny by parliamentarians. As can be seen in the transcript of the witness sessions, the Minister described the powers as a backstop, powers he hopes not to use. He told the Committee that he aspires to achieve all of his changes by consent and persuasion. I understand that he has also given that assurance to a recent adoption conference.
The Minister has been so persuasive in that respect that one of the witnesses, Sir Martin Narey, a mind for whom I have the utmost respect and admiration, thought that the legislation itself, rather than the intent, was designed to be non-prescriptive and innovative in changing our adoption arrangements. Of course, that is not quite true. I have no doubt that the Minister’s intention is to bring about the changes through consent and persuasion, but obviously if he was 100% confident of achieving that and 100% confident that he could bring us to such an outcome, he would not be seeking the powers in the first place.
We are being asked to give extensive powers to the Minister—to the Minister of the day—but Ministers come and Ministers go, so we can have no guarantee that the present incumbent’s successor would necessarily take a similarly benign view of such matters. The Minister himself, when we were at an event together shortly after the election, told the audience that he had calculated the probability of his remaining in his present post—strangely enough, the odds were not outstanding. Ministers come and Ministers go.
Steve McCabe
Yes, the Minister certainly has foiled them again—that is good. I wish him well and hope that he will continue in his post for quite some time. As we all know, reshuffles are fickle affairs, a bit like a Boris bus—one can never be too sure when the next one will turn up.
I tabled the amendment for two reasons. First, it provides me with the opportunity to query whether it is right that the Minister should have such unconstrained power as back-up, after setting out to convince us that it is not necessary and that he hopes never to use it. Mr Chope, in another parliamentary guise you are only too aware of the dangers of too much unnecessary legislation. Many is the Friday I have listened to you wax lyrical on such dangers, warning us that we have far too much legislation and should only legislate when it is absolutely necessary. That is the situation today with clause 13 and the power that would be afforded to the Minister to give directions under proposed new section 3ZA(1).
If the situation changed and if the Minister’s optimism and persuasive charm relating to achieving consensus evaporated, and he or a successor found himself or herself driven to use coercive powers to make changes in our adoption system, those powers should have been acquired by parliamentary order, subject to parliamentary scrutiny.
Kevin Brennan (Cardiff West) (Lab)
My hon. Friend is reaching the nub of the argument and the essence of the amendment. Unless the amendment is agreed to, we will be legislating and putting this measure into the Bill—not writing an instruction for the Minister for his term of office—where it will remain unaltered unless altered by further legislation. Should not we always bear in mind at all times that it is not a matter of good will towards a particular Minister, but about legislation that will sit there unaltered unless we amend it?
Steve McCabe
My hon. Friend is right. This is a decision for the foreseeable future and once put in place it will not be subject to parliamentary scrutiny, which is the whole purpose of our being here today. Since the Minister and his officials and advisers believe that such an order, or powers of direction, would be used very sparingly indeed, altering it would hardly be likely to take up a great deal of parliamentary time. We have to assume, judging by the Minister’s reasoning, that any orders to be decided on in the House would be remarkably sparse. In fact, it is fair to say that it would be merely a guarantee or a backstop for Parliament, and a chance for Parliament, rather than a Minister or his officials, to have the final say on changes that were about to be imposed. Such changes could not possibly be consensual: indeed, they would be controversial and objected to in some quarters; otherwise, the Minister clearly would not have resorted to parliamentary powers to impose them. Is not that, as my hon. Friend the Member for Cardiff West says, the very reason we are here? We are here to scrutinise legislation, safeguard against excesses on the part of the Executive and ensure that Parliament, not Ministers, provides the checks and balances on excessive use of power.
Secondly, discussing the amendment provides the Minister with the opportunity to explain the manner and circumstances in which he might the use the powers he is seeking. During the witness session, I drew his attention to a remarkably similar situation in the other place during discussion of clause 3 of the Children and Families Act 2014. On that occasion, his noble Friend Lord Nash accepted that a power to require all local authorities to undertake joint arrangements would need to be subject to “full and rigorous scrutiny” by Parliament.
Kevin Brennan
Is not the point that—[Interruption.] I am sorry, I cannot take an intervention from the Minister for Schools during an intervention. Is not the point that the Minister using the orders in this way might be subject to judicial review, which would delay matters even further, at great expense and time? If there were a parliamentary process by which such rare decisions could be scrutinised, it would be much more efficient.
Steve McCabe
I cannot believe that any of us would want unreasonable delay or the incurring of unreasonable expense. We want to be sure that the powers secured by the Minister are fair, reasonable and adequate for the required purpose, but also subject to sufficient scrutiny, so that they are not open to misuse or abuse.
James Berry (Kingston and Surbiton) (Con)
On the previous point, will the hon. Gentleman explain why parliamentary scrutiny would make anything quicker when the judicial review avenue would still be open, notwithstanding parliamentary scrutiny?
Steve McCabe
I believe that the hon. Gentleman is one of several legal practitioners on the Committee. In fact, I think that is also your background, Mr Chope. I might not be able to rely on all the civil service support that the Minister has, but I see that there will be no shortage of advice available to me today.
The hon. Member for Kingston and Surbiton is right to acknowledge that judicial review would still be an option. I am not surprised that he, as a lawyer, spotted that; I suppose it is in his DNA. However, my point was that it would be possible, through parliamentary scrutiny, to judge at a much earlier stage whether, on balance, Parliament thought this a fair and reasonable proposition. Presumably, an application for judicial review would take into account whether the decision that Parliament had arrived at could be judged as reasonable. I do not know if the hon. Gentleman wants to give me the benefit of his legal opinion, but that seems a reasonable conclusion for a layman to draw.
When I put it to the Minister during the evidence session that he might choose to follow the procedure recommended by his noble Friend when challenged on a similar point, the Minister relied on telling us that it would be a “transparent process”. When he responds, will he say a little more about that transparent process? How does he envisage implementing the powers if Parliament decides to grant them?
Since the purpose of the legislation is to give the Minister a back-up that he has virtually no intention of using, I cannot see why he would resist such an obviously sensible back-up from the Opposition. The amendment merely adds a little parliamentary insurance to the proposals before us today.
Amendments 2, 3, 4 and 5 are consequential and there is no real purpose in my spending further time on them. Amendment 6 requires that the order made under subsection (1) should be subject to an affirmative resolution. Again, were the Committee to find in favour of what the Opposition are suggesting today, it would be logical to find in favour of amendment 6 as well.
The amendment is simple and straightforward. I am challenging the necessity for the Minister to have powers of direction. If it is essential that he has such enormous powers, I suggest that it would be much better for Parliament to be the final decision maker. Were we to find ourselves in that position, it would make sense for any order to be subject to an affirmative resolution.
Bill Esterson (Sefton Central) (Lab)
It is a pleasure, as ever, to serve under your chairmanship, Mr Chope. I look forward to our deliberations over the next couple of weeks.
As my hon. Friend the Member for Birmingham, Selly Oak has said, the amendments raise the question why the powers are needed. Like him, I have every faith in the Minister. He has been an excellent Minister for Children and Families for several years. He brings to the role a great deal of expertise in both a professional and personal capacity. Everybody in the sector and in this Parliament would acknowledge his good will on this subject and on many others. I served with him on the Committee that considered the Children and Families Bill in the previous Parliament, which discussed many measures to improve the outcomes for looked-after children and to improve adoption, and we have discussed such measures on other occasions.
Like my hon. Friend, I am curious to know why the Minister feels it necessary to have the power in clause 13 to give directions, rather than to make orders as the amendment suggests. As we have heard in the evidence sessions and as we have seen in the written evidence, there is already very good practice around the country. For many years organisations have formed consortia that address the issues referred to in clause 13. Those consortia fulfil the functions referred to in new section 3ZA(1) and detailed in new section 3ZA(3)—the recruitment and assessment of persons as prospective adopters, the approval of prospective adopters, the crucial decisions about matching adopters with children placed for adoption, and, as we heard in evidence, the crucial support for adoptive families after placements have been made. The question that readily springs to mind from my hon. Friend’s comments and the evidence that we heard on Tuesday is, if good practice is already in place, why do we need to go as far as to allow the Minister or his successors to give directions?
Steve McCabe
Does my hon. Friend think that the proposition could have the perverse effect of destabilising the arrangements that the Minister seeks to put in place? We could have voluntary arrangements working throughout the country and, if the Minister were to intervene and use his powers of direction in a particular situation, he might inadvertently send a signal to those arrangements that were working that says, “What you have isn’t quite what he is looking for.”
Bill Esterson
Some of those who gave oral evidence on Tuesday made a similar point. They were concerned that directing changes when existing arrangements were working well and to the benefit of children coming forward for placement could undermine those children’s quality of placement and indeed their life chances. We therefore need to tread extremely carefully. I suspect that that explains why the Minister and others have said that they are aware of that danger and, therefore, they do not intend to use those provisions. If they do not intend to use them, why put them in the Bill in the first place?
We heard in evidence some of the concerns picked up by consortia throughout the country, which included the challenge of finding suitable prospective adopters for children who are not in the same geographical location, with all the potential difficulties that arise from not being near to the birth family or others once an adoption placement is made and, as my hon. Friend the Member for Birmingham, Selly Oak said, the dangers of interrupting existing good practice. To return to his intervention, without wishing to risk a further intervention from the hon. Member for Kingston and Surbiton—
Bill Esterson
As long as he does not charge me, I will be more than happy. Without risking a further intervention or wanting to challenge his legal expertise or that of the other lawyers in the room—
Bill Esterson
It is amazing how many lawyers find their way into this place, but it is probably time to move on from criticising the legal profession.
My hon. Friend the Member for Cardiff West made the important point that we should avoid delays by any means—let alone the risk of judicial review—given the importance of permanence, of the attachment of young people coming into the care system and of the need to make swift decisions about where a child should be placed and whether every effort should be made to keep them with their birth parents or within the extended family, or whether another form of permanence is right for them. Coming back to the Children and Families Act 2014, one thing that the Minister has rightly focused on in his efforts over the past few years is increasing the speed of decision making. It is important to ensure that a child has the certainty of permanence, and any delay is to be avoided as much as possible.
Kevin Brennan
I hope that the Minister will accept the amendment, because it is sensible, but if he does not, should he not at the very least be prepared to replicate in his response Lord Nash’s remarks in the other place, which my hon. Friend the Member for Birmingham, Selly Oak quoted? Should he ensure that there has been proper information, consultation and so on before he issues such draconian orders?
Bill Esterson
My hon. Friend is right. Every effort should be made to ensure that existing good arrangements are kept in place and are not disturbed, that any changes are an improvement on existing arrangements and in particular that good practice—there is much good practice around the country and internationally—is shared so far as is possible. Through that, we can keep in mind what I am sure everyone on the Committee and in the sector is committed to: doing the right thing for the children who come into the care system, whether that is adoption or other forms of permanence.
Edward Timpson
I think it is a stroke of luck that we once again find you, Mr Chope, chairing an important Bill on children and families, as you did in the previous Parliament. I am grateful to Opposition Members, particularly those who have spoken and who have put their names to amendments. The amendments in this group would require the Secretary of State to seek approval from both Houses of Parliament on any proposal for joint arrangements.
Before I get into the meat of the issue, I acknowledge the role that the hon. Member for Birmingham, Selly Oak played in the previous Parliament in scrutinising legislation on adoption and children in care. I am grateful for the constructive and helpful way in which he went about his business, which helped improve that legislation. I am sure that the way he approaches this Bill will have a similar effect.
It is true that I looked at the theory of Freakonomics and discovered that I had a less than 10% chance of finding myself in exactly this position again. Be that as it may, I intend to make the most of the opportunity that I have been afforded, starting with the Bill before us.
Before I speak to the amendments, I will briefly outline the thinking behind clause 13, because the hon. Member for Sefton Central has asked why it is needed. I will also outline the approach to implementing regionalisation in adoption. It is right to point out at the outset that the clause was in the Conservative manifesto, which the Government were elected on, and we intend to fulfil its contents. After much effort by myself and others, the creation of regional adoption agencies found its way into the final draft of the Bill.
Steve McCabe
I am sorry to intervene on the Minister so early, but will he clarify something? He says that the clause was in the Conservative manifesto, but presumably he means that it contained the intention to set up regional adoption agencies, rather than the intention to take the powers of direction specified in the clause.
Edward Timpson
I am sure that the hon. Gentleman has read the Conservative manifesto from cover to cover, so he will be familiar with the content on our intent to set up regional adoption agencies. The issue now is how we put them into practice and provide the underpinning to ensure that we fulfil that intent in this Parliament, which is why we are discussing the clause. The existing adoption system is highly fragmented, with around 180 agencies recruiting and matching adopters for only 5,000 children a year. Many agencies are operating on a very small scale, which, as well as being inefficient, leads to too much ineffective practice across the system.
The hon. Member for Sefton Central—I thank him for his kind words and continued interest and deep involvement on these issues—asked why we need the clause if there is already good practice in place. I remind him of what Carol Homden of Coram told the Committee on Tuesday:
“There is huge variation in performance between different agencies across the country, which results in a postcode lottery for children. It is important that we bring together the agencies and organisations in the pursuit of excellence and best practice for all children.”––[Official Report, Education and Adoption Public Bill Committee, 30 June 2015; c. 43, Q106.]
That is exactly what we are seeking to achieve through regional adoption agencies—to help address those issues.
Bill Esterson
I agree with the Minister—there is wide variation and we clearly need to improve quality. How often does he envisage applying the clause? Earlier, he said that it was not his intention to use it very much at all, so will he give us a sense of how often he thinks he will use it?
Edward Timpson
I am sure that the hon. Gentleman will appreciate that our approach to this issue is to ensure that there is local development of regional adoption agencies, based on those working on the ground and their knowledge and experience of how best to meet the challenge. We do not want to presuppose the amount of intervention that may be required to ensure consistency across the country. If we were to do so, as Sir Martin Narey made clear in evidence to the Committee, there is the danger of a top-down approach that would not bring about the best organisation of the different agencies. If those agencies are organised in the right way, we know that that will improve the three issues that the clause addresses, namely recruitment, matching and support. I will discuss those issues later on in my remarks, so the hon. Gentleman will have to be patient and learn more about the work that is already going on with local authorities and voluntary adoption agencies so that they can provide solutions themselves rather than being dictated to from the centre.
I will address each of the three issues—matching, recruitment and support—in turn. There is still an average of eight months between placement order and match. That is far too long. Research on family finding and matching by Professor Elaine Farmer found that in 30% of the cases looked at the delay was associated with an unwillingness to seek a family outside a local authority’s own group of approved adopters. Successful matching relies on looking at a wide range of potential adopters from the very beginning.
Despite impressive increases in the numbers of recruited adopters, there are still too few who are willing and able to adopt harder-to-place children. Recruitment from a wider geographical base than an individual local authority, taking account of the needs of children across a number of local authorities in a regional recruitment strategy, could lead to fewer children waiting.
At the moment, we know that the special support that many adopted children need is simply not available in their area because the number of adopted children is too low. Assessment and commissioning of specialist support on a regional scale will allow providers to expand their services and provide better value for money for the taxpayer, while also helping to ensure that all adoptive families receive a consistently high quality of assessment and provision.
To realise each of those improvements, we want to support local authorities and voluntary adoption agencies in delivering regional adoption agencies. We are absolutely committed to working closely with them to achieve just that. That is why we are providing £4.5 million of support in 2015-16; we wish to help early adopters of the regional adoption agency model accelerate their development and early implementation.
To answer the question put by the hon. Member for Sefton Central, we are confident that councils will step up and grasp the opportunity to improve their adoption services. As Sir Martin Narey said on Tuesday,
“I have yet to meet an adoption manager or director of children’s services who does not think that this is something that could make things better.”––[Official Report, Education and Adoption Public Bill Committee, 30 June 2015; c. 44, Q107.]
However, we recognise that we cannot be totally sure that all local authorities will voluntarily move to regional adoption agencies. That is why we introduced the clause, which gives the Secretary of State the power to direct local authorities to have certain adoption functions carried out on their behalf.
Steve McCabe
I am curious to know what the Minister’s last remark is based on. Which local authorities have suggested that they do not want to co-operate with his plans? Does he have evidence from Ofsted inspections or other sources that a number of local authorities are determined to thwart his plans? Is that the basis on which he is seeking these powers?
Edward Timpson
This is not the forum for naming individual local authorities that wish to co-operate or otherwise. To do so would damage the negotiations that are taking place. It is clear that where arrangements have been made to bring together local authorities’ adoption services and voluntary adoption agencies, there have been different levels of interest, intent and commitment. That is why we cannot be totally sure, despite the strong, positive signals from the sector and the work of the Adoption Leadership Board, that every one of the 152 local authorities will be involved in some way, shape or form within our timeframe for regional adoption agencies to be up and running across the country.
I can see what Opposition Members are driving at with their amendments, and I sympathise with their desire to ensure that decisions, particularly ones of this importance, are transparent and scrutinised properly. However, I am concerned about the suggestion that all proposals for joint arrangements should be approved by both Houses of Parliament. Before I explain why, I assure hon. Members that our decision making on this matter will be open, the process will be fair and we will involve all interested parties in the right way. The hon. Members for Birmingham, Selly Oak and for Cardiff West both made a challenge about transparency and scrutiny.
The Secretary of State’s decision to use the power will be made following extensive discussions with all the agencies involved, and it will be proportionate and reasonable. Agencies will have ample opportunity to design their own arrangements before any directions are considered. That is one of the reasons why we made it clear in the clause that local authorities could, through a direction, determine the shape of their regional adoption agency.
The Secretary of State does not need the permission of Parliament when she exercises her powers of intervention in respect of failure in local authorities’ children’s social care services. When the Doncaster trust and the Slough trust were created recently, the whole of those authorities’ children’s services were moved to a trust model without the permission of Parliament being sought in the way that the amendments set out. Those powers would sit legally uncomfortably with the group of amendments, should they be accepted.
A more appropriate and proportionate approach than returning to Parliament is to work closely with all those involved—the individual local authority and voluntary agencies, the Adoption Leadership Board and the regional adoption boards. This collaborative way of doing things is crucial, and it is a core tenet of our approach. The sector has the expertise and the local knowledge required to inform the decision.
I will reflect on the suggestion made by the hon. Member for Birmingham, Selly Oak that we should be required to send a letter to any local authorities we are minded to direct with an invitation to respond. I will come back to him on Report with my decision.
Kevin Brennan
I am grateful for the Minister’s remarks, and I am sure that my hon. Friend the Member for Birmingham, Selly Oak is, too. A letter would be a useful addition to what is on offer. The Minister said that our proposal would sit legally uncomfortably, but is it not different to the Secretary of State’s other powers, to which the Minister referred? Those powers are used where children are genuinely at risk. Does he envisage that he will introduce such arrangements because children are at risk, and therefore, in an emergency situation, or because it would be a better administrative arrangement? That would make a difference to the way in which the power could be exercised by the Secretary of State.
Edward Timpson
Of course, a failing local authority could be directed to arrange for another agency to carry out all its children’s services functions on its behalf even if its adoption function was not inadequate. The adoption services would still be moved as part of such a direction, so I do not see the differentiation. It is an interesting point, which we need to think through. In terms of the proportionality of what we are doing in the Bill, given the seriousness of removing all of a local authority’s children’s services functions and giving them to another body, if it is not the case with the latter, it should not be the case with the former. However, I have made it clear that the process needs to be very transparent and I am willing to reflect on some of the issues that the hon. Member for Birmingham, Selly Oak has raised. In view of that, I hope that he feels reassured enough to withdraw the amendment.
Steve McCabe
I am grateful for the Minister’s comments, but we are none the wiser now as to how often he might be tempted to use the powers. I hoped to clarify that in discussing the amendment. I notice that he stressed in his comments that matching was a key element, and he drew on the evidence given to the Committee by the chief executive of the Thomas Coram Foundation. However, in giving evidence, Andy Leary-May from Adoption Link said of the joint arrangements that matching was not the biggest issue, and that quite a lot of progress was being made. He said that the biggest issue was support, which we will come to later in the clause and which the Government seem to have overlooked in the construction of the proposals.
The other thing that has become apparent this morning is that the Minister cannot—or will not—say whether there is evidence of recalcitrant local authorities out there. We do not know why he has been advised to put the clause and powers into the Bill. He is unable to say. I cannot believe that he woke up one morning and, after reading through the Conservative manifesto again, thought, “Hey, that’s a good idea! I’ll just insert this into a Bill.” I assume that he has some basis for the proposals, but we have no idea of the scale of the problem. So my earlier point was that the power of direction will apply to the entire sector and be subject to no further parliamentary scrutiny. This is not a case of not any proposals, but relates only to proposals that are ordered by the Minister. He says that if we were to accept the amendment, we would be intervening on any proposals, but proposals that happen voluntarily are not affected. The amendment would affect only proposals that the Minister wants to order.
The Minister’s colleague might want to assist, but I was not persuaded by the parallel drawn by the Minister with the powers already available to the Secretary of State. I am more inclined to share the view of my hon. Friend the Member for Cardiff West about a power that is normally used to intervene in a failing authority or agency. It is a power that is exercised when there is evidence that something is going wrong, but the intention of this measure is to give the Minister the power to intervene if he feels that he is not getting his own way. That is what it is about—consent, but only on his terms. If authorities come up with valid reasons for not wanting to go down the route that the Minister indicates, they will be subject to his powers of direction and there will be no further scrutiny. I am not sure that that is the right way to proceed.
I said at the outset that I have a great deal of respect and admiration for the Minister. I am grateful to him for his offer to reflect on our suggestion of a letter of intent. It is a bit of a crumb, but one is always grateful. Having listened to the Minister and the concerns that those in the sector and hon. Members have expressed and having looked at the extent of the powers, I am not persuaded by what the Minister says today. The decision is a fundamental one; it is about whether Parliament scrutinises powers and has the final say or whether powers are subject to the whim of a Minister, which is not what we are looking for. I would like to push the amendment to a Division.
Question put, That the amendment be made.
Steve McCabe
I beg to move amendment 7, in clause 13, page 8, line 26, at end insert
‘( ) Where a direction under subsection (1) is to be given the Secretary of State must first publish a statement setting out the criteria against which he has selected the body or bodies who will carry out the functions in the direction.”
This amendment would require the Secretary of State to disclose the criteria against which the body or bodies taking on adoption functions have been selected.
The Chair
With this it will be convenient to discuss amendment 13, in clause 13, page 8, line 41, at end insert
‘( ) Where a direction under subsection (1) specifies that the functions are to be carried out by more than one agency, the specified bodies offered an opportunity to participate must include at least one voluntary organisation acting as an adoption society as defined by the Adoption Act 1976.”
This amendment aims to ensure that smaller voluntary adoption agencies, specialising in finding families for harder-to-place children, are not excluded from or by the new arrangements.
Steve McCabe
I should stress at the outset that amendment 7 is a probing amendment designed to help the Committee and the sector understand more about the Minister’s thoughts on the kinds of regional arrangements most likely to speed up adoption and increase the number of successful adoption placements for children. During the evidence session, we heard different views expressed. Sir Martin Narey, to whom we referred earlier, told us that he was attracted to the Minister’s ideas because, as the Minister indicated, he felt that the Minister did not have a single view of what would contribute to a successful regional model—I think he meant “singular view”; “not a single view” could be interpreted to mean something else. The point was that the Minister did not have a singular view on what constituted a successful model. Sir Martin appeared to indicate that different models might emerge according to region and circumstance, which sounds reasonable.
Carol Homden, chief executive of the Thomas Coram Foundation for Children, told us about the benefits of the models that it uses, with outstanding success, in places such as Kent and Cambridgeshire.
Mrs Emma Lewell-Buck (South Shields) (Lab)
Does my hon. Friend agree that we need to be careful not to assume that regionalisation in itself will improve services? As we heard in evidence on Tuesday from the Consortium of Voluntary Adoption Agencies and the chief executive of the Thomas Coram Foundation, bringing together a group of poorly performing local authorities and agencies will not improve services, but make them worse.
Steve McCabe
I am grateful to my hon. Friend for that point. The Department’s own paper is called “Regionalising adoption”. I was struck by the fact that some witnesses seemed to indicate that the key element of a consortium is the component parts and what they can all bring to the table. To be fair, the section on voluntary agencies in the document makes that point. The assumption that we should simply organise matters on a geographic basis has obvious weaknesses.
To return to my point, we heard different things from witnesses. We heard about the wonderful work that the Thomas Coram Foundation does, but of course that, as the Minister well knows, is almost unique as a charity. It is cash rich; it has tremendous reserves, wonderful fundraisers and a tremendous level of volunteer support. I am full of admiration for its work, but unfortunately not many organisations in this field are like the Thomas Coram Foundation.
I would like to know what the Minister would be trying to achieve. Let us forget the earlier argument about imposition and powers of direction. I would like to know what the Minister is going to try to achieve by consensus and what he will seek to impose if he cannot achieve it by consensus. He must have some idea of the criteria and the priorities that would influence his judgment if he were, under new section 3ZA(2), to
“specify who is to carry out the functions, or…require…authorities to determine who is to carry out the functions.”
I imagine that that would occur if previous discussions had arrived at a stalemate due to a lack of agreement or a general reluctance to commit. In such circumstances, the Minister, I presume, would feel that the time had come to give a lead. It would be useful to know what the nature of that lead would be. Would it be influenced by size and geography? Would it be influenced by the potential number of adoptions that his new arrangements might accomplish? Would he be influenced by the need to retain particular staff with obvious expertise in areas of specialism? Would he want to specify the inclusion of particular voluntary agencies?
I do not expect the Minister to set down a blueprint today, but the idea that Parliament should legislate to give a Minister powers without any idea of the likely shape of the end product or the factors taken into consideration when trying to achieve it is, frankly, ludicrous. We are being asked to approve powers to create an entity that can take any shape or form on the whim of the Minister or those able to exert the most influence on him.
I was particularly struck by the evidence from Carol Homden of the Thomas Coram Foundation when she emphasised “excellence for children”. There must be some models that in the Minister’s experience are more likely than others to achieve that excellence. I also noticed that she made reference to the benefits of a clear tracking system and concurrent planning. Would they have to be essential features of any consortium or grouping ordered by the Minister to carry out those adoption functions? [Interruption.]
Kevin Brennan
On a point of order, Mr Chope, it is quite hard to follow proceedings when the Minister for Schools and the Whip are having a private conversation. If it is necessary, could they do it outside the Committee room?
The Chair
That is a good point. Committee proceedings should not be disturbed by people being noisy. We are not prohibiting people from having discussions but I would prefer long discussions to take place outside of the Committee Room.
Steve McCabe
Annie Crombie, the chair of the Consortium of Voluntary Adoption Agencies—a woman with a wealth of experience in the field and who has previously worked closely with the Government on adoption matters—emphasised quality and specialisms as the key factors in any new arrangements. Would the Minister require those in any construction developed to carry out adoption functions, and how would he indicate or specify such a thing?
During the evidence session, Anna Sharkey, the chief executive of Adoption Focus, expressed her concerns, like my hon. Friend the Member for Cardiff West, that the size and criteria for the new arrangements needed to be considered carefully. I press the Minister on what, in his mind, he is trying to design. What does success look like and how can he be sure that he has got this right?
I noticed that, during the evidence session, the Minister asked about the risk of being overly prescriptive and he has referred to Sir Martin Narey’s comments on that. The chief executive of Coram indicated that obviously there would be a problem if we devoted too much energy to trying to design the perfect arrangements in advance. She was worried that that may divert people from the key task of successfully placing children. I absolutely understand those concerns and I understand the Minister’s caution. I stress again that I support him in his wish to secure more successful adoptions and prevent unnecessary delays that could well leave children languishing in the care system when they need a fresh start and a chance to rebuild their lives.
Alison O’Sullivan, the president of the Association of Directors of Children’s Services, pointed out that, while children should not languish in the system, we should not automatically assume that waiting means languishing. It is not necessarily a bad thing that children are waiting because the right family placement must be found. There is a slight problem with the notion of time. Of course, we do not want unnecessary delays—I know, from my experience in a previous life, how damaging that can be—but if the existing care arrangements are good and well managed, waiting need not necessarily be bad.
For example, it would be perfectly sensible to wait to find the right placement when trying to get siblings adopted together or to place a child with particular difficulties, disabilities or special needs. Mrs O’Sullivan reminded us that while children are waiting, our duty remains the same. We have to ensure that those arrangements are the highest quality care that we are capable of providing.
Carol Homden reminded us of the store she places in concurrent planning. It is not necessary for social workers to assume that they will go down a single planning track, to the exclusion of all else. It is perfectly possible for a department to adopt a set of planning arrangements so that it can say, “This outcome is desirable or worth trying to achieve.” That will be most obvious when considering the possibility of a planned return home, which may be worth trying to achieve, but it makes perfect sense simultaneously to plan for adoption because a planned return home might not happen.
What exactly is the governing factor in the constructions and consortium arrangements that the Minister has in mind? Many of the people to whom I have spoken have commented on the fact that this legislation is particularly narrow. It is as if we are not paying sufficient attention to other care situations. We find ourselves thinking that the key factor is only to think about adoption and the speed of adoption in order to convince ourselves that if adoption is not taking place, waiting is intrinsically bad.
Louise Haigh (Sheffield, Heeley) (Lab)
My hon. Friend makes an important point. The Bill makes it seem that the Government feel that adoption is the only solution for children in care. Figures from the Fostering Network show that, of the 65,000 children and young people in care, only 4,000 want or need to be adopted. Adoption is not an appropriate solution for the vast majority of children in care, who might be in care only temporarily. He is right on that point.
Steve McCabe
When only about 5% of children in the care system at any given point are likely to be adopted, it is dangerous if we become too focused on adoption to the exclusion of all else. The difficulties are obvious.
Returning to the notion of waiting, we need to be concerned about the quality of the care arrangement or placement that a child is experiencing now. I fear the unintended risk of saying, “We are pursuing adoption, and the focus must be on making that happen.” That is almost like being in a waiting room or a transport lounge, and the danger is that we will not place sufficient attention or focus on the quality of the care that the child is currently experiencing, which would be a dereliction of duty.
Bill Esterson
I am glad that my hon. Friend has returned to the issue of getting the right form of permanence for children in care. We heard in both written and oral evidence that not only should we be considering all forms of permanence but that there should be a move towards a less fixed form of adoption and fostering, perhaps with less distinction between the two. Some of that was partly discussed with reference to opportunities such as concurrent planning and fostering to adopt. What is his view on those ideas?
Steve McCabe
The amendment relates to the part of the Bill that asks the Minister about the arrangements that he proposes. I am inclined to the view that we should think of permanence as a continuum. As I recall, Mr Elvin in his evidence suggested there was a danger of elevating adoption to a superior role, perhaps with the consequence that other models were devalued. I would share that anxiety.
I said at the outset that this is a probing amendment; I have no desire to press it to a vote. I hope the Minister recognises that it would be helpful to hear more from him of what he thinks will constitute successful regional adoption arrangements. As I said earlier, I recognise his desire for maximum flexibility; I can see why he does not want to be pinned down to a blueprint. Could he say what, if anything, he rules out? What are the prerequisites for success, in his judgment? It would help if he could indicate the things that are uppermost in his mind.
Mrs Flick Drummond (Portsmouth South) (Con)
We heard clearly from Adoption Link that there was not much in this from the adopter’s point of view. Does the hon. Gentleman agree that having regional organisations would be better? At the moment, variations in agency policy with different criteria are creating problems. Surely having regional organisations would give much more balanced criteria and enable more adopters to understand the criteria being put forward.
Steve McCabe
I am grateful to the hon. Lady for that intervention. Let me clear: I am not saying that regional arrangements are bad. I suspect there is a degree of consent across the Committee that the direction of travel is right. What I am querying—and is central to the point that she makes—is what are successful regional arrangements or consortia? What do they look like? What are the factors by which we should judge them? She rightly stresses the point made by Mr Leary-May of Adoption Link, that adopters often feel that they, of all people, do not have enough say or consideration in existing arrangements. If implicit in the hon. Lady’s intervention is the suggestion that new regional arrangements could take into account that adopters need to be given further consideration and support and more involvement, then she and I are on the same wavelength. I repeat that I am not opposed to regional arrangements; I think the Minister is on the right track. I want to ensure that his end product meets his aspirations. That is the purpose of this debate.
Peter Kyle (Hove) (Lab)
I note the cross-party consensus that devolution and regional powers are good because they take the necessary powers much closer to the young people affected by the Bill. We must also remember that the key thing we are trying to achieve is the relationship between the young people being adopted and the agencies. We must ensure that we do not focus so much on devolution to regions that we forget the relationship between adoption agencies, the young people being adopted and the local authorities. Is that not the point of amendment 13?
Steve McCabe
I recall that one of the last witnesses of the day made an apt point about regional arrangements and consortia. These arrangements must have sufficient geographic context for it to be possible for adopters to get in touch with the various parties. He warned against the dangers of a structure in which that simple point was overlooked. In that respect the hon. Gentleman is right.
As to amendment 13, which is grouped with amendment 7, I am, as I have said several times, conscious of the Minister’s wish not to be too prescriptive in the design of the arrangements that he envisages; and I am extremely conscious that it is not possible to insist on including a voluntary adoption agency in every set of arrangements that might emerge. I remember working many years ago for an organisation that adopted such an approach, and needless to say it got into considerable difficulty in trying to put it into practice; it is not possible.
Bill Esterson
I want to pick up on some of the points made about the smaller agencies’ concerns about the establishment of regional agencies. The quality of work often found in the smaller agencies is incredibly important. I come to this issue having experienced the value of a small adoption agency that specialised, at the time, in placing hard-to-place children; my wife and I adopted two siblings. The expertise, advice, guidance and support we received were all exceptionally good, and some of that was due to the fact that we used a smaller agency that could concentrate its time, energies and expertise.
Its inevitable problem, of course, was that funding was always a struggle. It ended up becoming part of a much larger organisation, and I am afraid that much of that expertise is no longer with us. I know that there are other examples; my hon. Friend the Member for Birmingham, Selly Oak mentioned the experience in Wales. We should work hard to ensure that in our attempts to improve the situation, we do not end up making matters worse.
My hon. Friend the Member for Birmingham, Selly Oak said that delay can sometimes be the right thing for siblings or children with complex needs—provided, it is fair to say, that they are in a good placement. Although I do not disagree with that, I think there is always a balance to be struck between delay in order to get the right decision, and ensuring that that delay does not continue longer than necessary and that it is not bound up in lack of expertise and opportunity to find the best permanent placement for children, particularly those who find it difficult to be placed.
I want to pick up on some of the evidence that we heard on Tuesday. On the point about voluntary agencies and smaller agencies, Hugh Thornbery told us that,
“there is no necessary direct correlation between quality and size, and it would be tragic if we lost some of the real expertise that exists within some of the smaller voluntary adoption agencies, which focus particularly on trying to find the right family for some of the hardest-to-place children.”––[Official Report, Education and Adoption Public Bill Committee, 30 June 2015; c. 53, Q19.]
His expertise, experience and credibility are such that we should take that on board. When the Minister replies to the debate, I, like my hon. Friend the Member for Birmingham, Selly Oak, will be keen to hear how he plans to make sure that such specialist knowledge and expertise are not lost because smaller agencies become less viable in the new structure. We do not want a repetition of the experience in Wales where smaller agencies were pushed out by local authorities. What assessment have the Government made of the potential impact of voluntary agencies becoming unviable and being unable to serve children’s best interests? Such questions need to be answered.
The debate on amendment 13 is an appropriate place to look at the suitability of the adoption system for finding placements for particularly vulnerable children, such as those with disabilities, older children, sibling groups and children from black, Asian and minority ethnic backgrounds. I hope that the Minister can tell us more about how his proposals will help with the placement of hard-to-place children. As Andy Leary-May told us on Tuesday,
“unless we address the problems that exist…the children with the most complex needs may wait longer to find a suitable placement.”––[Official Report, Education and Adoption Public Bill Committee, 30 June 2015; c. 56, Q23.]
Louise Haigh
My hon. Friend is making an excellent speech. Does he agree that a key performance indicator in this area should be not simply how long it takes to place children, but the breakdown in adoption places? Voluntary agencies are incredibly successful in that regard, with only 3% of adoptions breaking down.
Bill Esterson
That is an excellent point. Support is needed to make sure that those of us who adopt children overcome the very difficult challenges that we may face. Of course, children who are adopted have often had the most difficult start in life, which is why they have ended up being placed for adoption, and the challenges of dealing with the emotional difficulties and other background issues that those children present when they come to live with a new family are immense. It is incredibly important to ensure that support services are in place, albeit the level of breakdown overall is relatively small. I am glad that my hon. Friend raised that point, and I hope that the Minister will address the concerns expressed by my hon. Friend the Member for Birmingham, Selly Oak, some of which I have touched on in my remarks, not least about children who are sometimes described as harder to place—although I feel that that is an unfair description of children who, through no fault of their own, have ended up in a situation where they need the support of a new family.
Ordered, That the debate be now adjourned.—(Margot James.)
Education and Adoption Bill (Fourth sitting)
(9 years, 5 months ago)
Public Bill CommitteesRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Chair
I remind the Committee that with this we are discussing amendment 13, in clause 13, page 8, line 41, at end insert—
‘( ) Where a direction under subsection (1) specifies that the functions are to be carried out by more than one agency, the specified bodies offered an opportunity to participate must include at least one voluntary organisation acting as an adoption society as defined by the Adoption Act 1976.”
This amendment aims to ensure that smaller voluntary adoption agencies, specialising in finding families for harder-to-place children, are not excluded from or by the new arrangements.
The Minister for Children and Families (Edward Timpson)
As ever, I am grateful to hon. Members for their amendments, which would require the Secretary of State to publish the specific criteria against which the body or bodies taking on adoption functions have been selected, and would ensure that when a direction specifies that functions are to be carried out by one or more agencies, at least one voluntary adoption agency is given the opportunity to be involved.
Before we broke for lunch, we had a helpful debate. I listened to the contributions, and I appreciate the intent behind the amendments and understand the need to be clear on how the decisions are made. I assure hon. Members that decisions will not be taken lightly. We intend to work closely with local authorities and agencies to shape the new regionalised system so that the excellence and quality that we want to drive across adoption services are realised.
I recognise the vital role that voluntary adoption agencies play in our adoption system. The country is fortunate to have an array of excellent voluntary adoption agencies—I believe more than 90% have been rated as good or outstanding by Ofsted—all with a deep expertise and commitment to improving the life chances of vulnerable children. I intend that they will continue to play an important role in the system as we move to regional adoption agencies. We have provided about £16 million of funding to voluntary adoption agencies, in expansion grants and other ways, so that they can beef up their capacity and maximise the role that they play in the delivery of adoption services.
We have already made significant and important improvements to the adoption system, with record numbers of children finding permanent, loving homes but, as ever, there is still more to do. I am sure that the hon. Member for Birmingham, Selly Oak has the “Regionalising adoption” paper that was published last month sitting on his bedside table along with the Conservative manifesto. The paper—he has it in the palm of his hand as I speak—sets out what we want to see from regional adoption agencies. It is clear that voluntary adoption agencies have an important role to play—a point that I reiterated in the evidence that I gave to the Committee on Tuesday. The paper says:
“We are particularly keen to consider models that have an element of cross-sector collaboration, bringing together the best of the voluntary and statutory sectors.”
As the hon. Member for Birmingham, Selly Oak mentioned, the paper includes a specific section on the role of voluntary adoption agencies. We want voluntary adoption agencies to seize this opportunity to provide more of their excellent services and to work with local authorities to deliver the best agencies for children; many, such as Coram, After Adoption, Adoption Focus, Adoption Matters Northwest and others are already doing so to great effect. There is no reason to assume that more cannot follow suit.
Our intention is that, as far as possible, the sector should move to regional adoption agencies by themselves and make their own decisions about what those arrangements look like, including whether their new arrangements appoint lead bodies and how local authorities and voluntary adoption agencies can best work together to deliver for children. I am clear that I want a system-wide change and that I expect all local authorities to be part of a regional adoption agency by the end of this Parliament. However, how they choose to come together is not something that I want to prescribe directly from Whitehall. As Sir Martin Narey said in his evidence:
“If we have to design top-down structures for regions across England, it will divert us from the more important task.”––[Official Report, Education and Adoption Public Bill Committee, 30 June 2015; c. 51.]
I take on board the observations made by Opposition Members about the experience in Wales: it has tried hard to scale up the operation of adoption there, but there may be issues about the consequences that that has had for voluntary adoption agencies. We clearly want to avoid that situation. That is why the Government will work closely with agencies to deliver regional adoption agencies and will provide both financial and practical support this year to help agencies come together to form the new agencies.
For local authorities that are unwilling or unable to rise to that challenge, we will look to use our powers to direct them to be involved. Even where we make a direction, we hope that the authorities we direct will be in a position to make their own decisions on who should carry out the functions on their behalf.
It is vital that this is sector-led as far as possible. Indeed, I want to ensure that the changes build on existing relationships, a large majority of which involve voluntary adoption agencies. It is important for the success of regional agencies that the new arrangements work well for and have the support of those involved, while responding to the characteristics and needs of the local area. The specific circumstances in which we use the powers will be shaped by how the system develops in response to the support we will provide to local authorities and voluntary adoption agencies to establish regional adoption agencies voluntarily. We will therefore not specify criteria at this juncture.
The good news is that voluntary adoption agencies are already formally or informally involved with consortia in regions across the country, with the majority of consortia having some contribution from voluntary agencies. For example, Coram is now working with several local authorities in London to form Coram Capital Adoption, and the partnership of Adoption Matters and Caritas Care has established a north-west concurrent planning service across 13 local authorities, operating through a contract with a single local authority partner: Blackburn with Darwen. That is all very encouraging. I want to see those sorts of arrangement strengthened and broadened. To that end, the substantial Government funding—the £16 million package of support for voluntary adoption agencies in the current and previous year—will put voluntary agencies in a strong position to do just that.
However, we believe that it should be up to individual voluntary adoption agencies to decide how they want to be involved. We cannot and do not want to direct them to be part of regional adoption agencies—something that the hon. Member for Birmingham, Selly Oak rightly acknowledged—as that would go against the flexible approach that we believe it is right to employ. I envisage voluntary adoption agencies not as an add-on or afterthought but an integral part of regional adoption agencies, as Opposition Members have said.
Where the Secretary of State specifies who is to carry out the functions on behalf of local authorities, I understand the need to ensure that such decisions are open and transparent. Any decisions will, of course, be made in a fair and evidence-based way after discussions with all relevant agencies. Decisions would also, rightly and importantly, be based on the particular situation of the local authorities involved.
I hope that we will see a range of responses from the host of voluntary adoption agencies I have had discussions with. I expect that some will put themselves forward to lead regional adoption agencies, while others will act in partnership with local authorities. For agencies that do not see leading or partnering as an option, the services they provide in recruiting adopters—particularly for some of our most vulnerable and complex children—and in providing adoption support will still be much needed by the new regional agencies. I assure Members that the Government are committed to working with agencies and local authorities and to being open and transparent about these decisions. In view of the approach I have set out, I hope that Members will feel reassured enough to withdraw their amendments.
Steve McCabe (Birmingham, Selly Oak) (Lab)
As I indicated at the outset, these were intended as probing amendments. We have had a good opportunity to air the issues concerned. I am grateful to the Minister for stressing that excellence and quality will govern his thinking on this. I note that he does not want to specify criteria at this juncture, but I assume from what he said that those will become clearer as time goes on. Will he keep Parliament in touch with developments up and down the country?
I acknowledge the Minister’s comments about the voluntary sector and the £16 million expansion grant, and I was encouraged by what he said about the role of voluntary agencies. I agree that “Regionalising adoption” is a remarkably good and straightforward read, and I would recommend it to anyone. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Steve McCabe
I beg to move amendment 8, in clause 13, page 8, line 35, at end insert—
‘( ) Where a direction under subsection (1) is to be given, and the functions in the direction include the recruitment of persons as prospective adopters, the Secretary of State must first publish a statement setting out the criteria against which adopters will be selected after the arrangements in the direction come into operation.”
This amendment would prevent the body or bodies taking on adoption functions from changing key criteria.
I will not detain the Committee for too long with this fairly straightforward, probing amendment. I am full of admiration for people who adopt children and offer them a new home and a fresh start in life. As someone with a social work background, although it was many years ago, I have had plenty of experience of working with children who are damaged by their earlier life experience or are traumatised through neglect or abuse by the very people who brought them into the world and ought to have been responsible for caring for and nourishing them. There are parents who, through no fault of their own, find themselves unable to care for their children or give them the life they wish for them, and have to make the agonising decision to give their children up for adoption.
I am sure we all accept the essence of the Minister’s aims for this legislation. We touched this morning on the problem of focusing too much on adoption, to the exclusion of all other matters. I referred to Mr Elvin, the chief executive of The Adolescent and Children’s Trust, who warned in his evidence of the danger of separating out children and creating a hierarchy, with adoption at the top. There is a danger that the need to find adoption placements at all cost could lead to undesirable outcomes.
That consideration weighed on Lord Justice Munby when he delivered his ruling that adoption orders should be made when the courts are convinced that a proper, balanced judgment has been made and that the pluses and minuses of all potential outcomes have been properly considered. I want to be certain that there is no risk that those selected as potential adopters under the new arrangements will be subject to any less scrutiny or assessment than has hitherto been the case.
Barnardo’s submitted a briefing note about the Bill—other hon. Members may have seen it—in which it stressed that different agencies can be more or less successful than others when working with people and helping to assess and prepare them for offering their home to a child or children. It quotes a good case study of a couple who were rejected by their local authority, partly on the grounds of the woman’s age. After undergoing training and support with Barnardo’s, the couple was able to successfully adopt two boys.
Anna Sharkey referred in her evidence to the situation in the ’60s and ’70s, which some of us may recall, when the major interest was to match babies and younger children with couples who were prepared to adopt them. She reminded us that the requirements for adoption have changed over the years. Many of the children now needing an adoption placement are older. They may be part of sibling groups, have learning difficulties, psychological problems or special needs. They are special children in that sense and they require ordinary but special people to provide them with a loving home. As we heard earlier, they are often harder to place.
Edward Timpson
I thank hon. Members for tabling amendment 8, which would require the Secretary of State to publish a statement of the criteria to be followed in selecting prospective adopters to assess.
I commend the motivation behind the amendment, which the hon. Member for Birmingham, Selly Oak has just articulated extremely well. While I have some sympathies with that thoughtful intent, I am concerned that it has the potential to be detrimental to children waiting to be adopted. It also might be detrimental to the hopes and dreams of prospective adopters, which must be avoided. I will explain why I believe that.
It is important that agencies prioritise the needs of children who are waiting and that they actively recruit, assess and approve suitable adoptive parents who can meet those needs. I am also conscious of the national picture and the need for agencies to work together for the good of children across the whole system. Too tight a focus on meeting the needs of a small group of children in one area at a specific time may well mean that an ideal prospective adopter for a child in another area might be missed, or have their hopes dashed by being told that they are not needed or do not have the skills to become an adopter. That means that the whole system, not just that agency, will lose a person whom we should treasure, as was said a few moments ago, for having taken a big leap of faith in putting themselves and their family forward for an adoptive placement.
Bill Esterson (Sefton Central) (Lab)
While we are debating this amendment, I take the opportunity to say that we had written evidence from Link Maker Systems making the point that getting arrangements wrong could result in the downside of too many placements. Multiple placements cause children additional emotional damage, making matters worse, not better. Does the Minister agree that the point of this probing amendment is to ensure that we do not end up making a situation worse? Getting the balance right is essential, and that is what my hon. Friend’s amendment, which was signed by a number of us, drives at.
Edward Timpson
As I said, I commend the motivation behind the amendment and understand its purpose. Of course we want to ensure that a balance is struck in every case between making a decision as swiftly as possible and basing it on good-quality evidence that there is enough support for the placement to be durable for the rest of the child’s life with that family. We know from research by Julie Selwyn at Bristol University that the adoption breakdown rate is only about 3%, which suggests that there are some good-quality decisions being made on matching children with the right families with the right support.
We will discuss during debate on future clauses how we can enhance the support required so that we do not see cases such as the ones highlighted in Julie Selwyn’s research, in which things go wrong and parents and, most importantly, children suffer the consequences. I have read of many similar cases and talked to adoptive parents in my constituency and in my role as Minister. We do not want to risk making that an even more frequent occurrence.
I reassure the hon. Member for Birmingham, Selly Oak about the rigour of assessment and approval. Anyone who has been through the process of becoming an adoptive parent will know that it is a warts-and-all exercise, and that every aspect of their life is scrutinised from every angle. Not just the prospective parents but people who know them or who might have met them once have a part to play in building a picture of who they are as individuals and as a family, what challenges they face in their own lives and whether they have what it takes to take on the exciting but often challenging role of an adoptive parent.
Back in July 2013, we introduced the new framework for assessment and approval of adoptions, so that we could get the balance right between ensuring the required rigour of scrutiny and doing things in a timely manner, so that those who have taken the decision to put their names forward get the chance to build up a relationship of trust and feel that they are sharing their information securely, while being fully aware of what they are embarking on. That framework has now been in place for almost two years, and no signs have come to light that the assessment and approval process is not working well. We have ensured that the earlier part of the adoption process is well supported, with an additional £200 million to local authorities in the last Parliament to achieve that.
Of course, local authorities and their voluntary agency partners, and the new regional adoption agencies, will be best placed to know the needs of the children waiting in each area. Introducing regional adoption agencies means that agencies will be able to match the needs of children waiting with prospective approved adopters far more effectively. In addition, the Adoption Leadership Board collects and publishes data to help individual agencies see the regional and national picture of children and adopters waiting in other areas. I am sure the hon. Gentleman had the best intentions, but the publication from the centre of specific criteria for recruiting adopters at the level of detail required would not be helpful. I therefore hope that, having given him that reassurance, he will withdraw the amendment.
Steve McCabe
As I said, this is a probing amendment, so I do not intend to press it. I acknowledge what the Minister said. He was right to point out that the breakdown rate is low—based on Selwyn’s report on adoption—but surveys of parents and children in adoptive situations report high levels of stress, emotional problems and difficult behaviour, which, as he may know from personal experience, has an impact on families at various points throughout their lives.
I said earlier that I was full of admiration for these people. It is not the case that adoption is plain sailing from the point at which it legally takes place. All the evidence shows that that is often just the start of what can be a difficult and complicated journey, but I am sure the Minister appreciates that.
It is important that we have the right people, but I am not suggesting a tick-box exercise. I am not talking about the people who tick the appropriate boxes at the point of assessment; we need the people who have the strength and stamina to cope with the difficulties that will inevitably result in the years ahead. That is the point I was trying to stress. It is important that we do not end up with regional agencies being driven by a mentality that they have to up the numbers as opposed to finding the right people to do the job.
I note the Minister’s points about the Adoption Leadership Board. Perhaps we should continue to focus on that in the time ahead. I absolutely recognise that it probably does not make sense to lay down central criteria, but I ask that, during the Bill’s passage, he keeps in mind and reflects on the issue of numbers and the need to find the right people, because that will constantly be an important balance to strike. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Steve McCabe
I beg to move amendment 9, in clause 13, page 8, line 35, at end insert “including support identified in needs assessments of adopted children”
This amendment would require the new arrangements to recognise that adequate provision of adoption includes support to meet the needs identified in individual assessments of the adopted children.
The Chair
With this it will be convenient to discuss the following:
Amendment 12, in clause 13, page 8, line 41, at end insert—
‘(7) Before making any such regulations the Secretary of State shall consult children who have experience of adoption functions, adopters and such persons as he considers appropriate.”
This amendment aims to ensure that adequate consultation takes place on the regulations prior to their implementation.
New clause 1—3ZB England—reports to be commissioned and guidance to be reviewed by the Secretary of State—
‘(1) Before giving a direction under section 3ZA(1) the Secretary of State shall commission and publish a report on the fitness of the authorities and agencies that he proposes should carry out the functions on the matters set out at subsection (2).
(2) Matters that are to be the subject of the report at subsection (1)—
(a) the nature and adequacy of the support the authorities and agencies will provide for those leaving care for adoption up to age 25, for their education and for their adult employment;
(b) the arrangements for carrying out mental health assessments for those children leaving care for adoption and the support services for adopted children with mental health needs; and
(c) the extent to which he is satisfied that the authorities and agencies have adequate resources and skills to implement and follow the statutory guidance for the identification and matching of children with potential adopters.”
This new clause would require the Secretary of State to review the fitness of the services to be provided under the new arrangements before a direction is given, in particular the adequacy of the support to be provided for children leaving care for adoption, their education, their employment and, where needs are identified, their mental health.
Steve McCabe
The amendment aims to raise the issue of support and to give us an opportunity to wonder aloud why it is that a specific measure or duty on support was not included in the scope of the Bill when Ministers prepared their plans, because that is obviously a key ingredient of successful and stable adoptions. From your perusal of the oral evidence sessions, Mr Chope, no doubt you will have noticed that support was raised by numerous witnesses.
Mr Leary-May, the chief executive of Adoption Link, has considerable experience as an adopter and through being responsible for Adoption Link, which so many social workers now commend as a first-rate, user-friendly tool that facilitates matching and helps them to widen searches for placements, which the Minister wants. Mr Leary-May told the Committee of the need to support adopters in their journey to becoming adoptive parents and of the ongoing issue of support for parents and children after the adoption has taken place.
Peter Kyle (Hove) (Lab)
By definition, young people and children are some of the most disempowered in our society. The young people affected by the Bill are even more so. Does my hon. Friend agree that the purpose of the amendment is to give power to some of those young people via statutory instruments and the agencies that have a duty to care for them? That is incredibly important for these young people, who are so excluded from society and from some of the support services that society offers other young people.
Steve McCabe
That is absolutely right.
We must remember that the reason for a young person being adopted is that we have concluded that there is no other possibility of providing a decent, stable chance at life for them. We have concluded that all other options are closed and that the best thing to do is to make a fresh start with new parents and a new family elsewhere. I assume that in the vast majority of situations, social workers do not arrive at that conclusion lightly. There has been criticism in the court about whether they could be more rigorous in how they pursue some of the options, but it seems inconceivable that someone could arrive at that conclusion lightly. That conclusion is arrived at because a judgment is made that the young person’s life prospects are pretty limited unless that deliberate, final step is taken. These young people need every ounce of support and help we can provide if they are to have any chance of making progress.
I was saying that it would be good if the Minister indicated that he was thinking of moving in the direction I mentioned on access to support and mental health assessments. I recognise that such a request is beyond the scope of this amendment so I will leave it there.
The amendment simply asks that if the provision of adoption support services is included in the functions that will be part of the new arrangements as directed by the Minister, such support services must include fair and reasonable access to support identified in any assessment. Otherwise, the child and his or her parents are being short-changed. They are permitted an assessment to determine what is wrong when they are not entitled to the help or support that might put it right. That seems to be a glaring omission—not one for which the present Minister should be held responsible but one that he, in his current position, has the capacity to do something about and put right. He could do that by accepting the amendment or by giving us his word that he will go away, look at the issue and propose a practical means of addressing it.
With all the focus on structures contained in this legislation on adoption, surely it is not too much to ask that there is some focus on the needs of the child. I hope that the Minister takes this opportunity to right a wrong and strengthen his legislation and the life chances of the very children we are all concerned about. The purpose of the amendment is to ask him to look at that.
Mrs Emma Lewell-Buck (South Shields) (Lab)
It is a pleasure to serve under your chairmanship, Mr Chope. Amendment 9 is about ongoing support for families who adopt. There is a danger that a successful adoption placement is often considered the end of the story when it certainly is not. Although it is wonderful when a child is placed with a new family, we should never fool ourselves into thinking that their story ends there or that the case is closed. Matching a child or children to their adoptive parents begins with a paper match when the profiles of the adopter and the child are perceived to work, but a real assessment of that match can only happen when the introductions begin. No matter how well a child is matched to their adoptive parents, the process of bonding is never easy and there will always be challenges. Likewise, for adults who adopt, the difficulties of parenthood are joined by extra challenges when they have not lived with the child from birth. If that child has been attached to multiple foster-carers, they will take even longer to attach to their new family.
Children who have experienced instability in early life and have been through the care system are more likely to develop mental health issues. About 45% of children in care experience a mental health disorder, compared with 10% of the general child population. In the worst-case scenario, those combined factors can lead to adoptions breaking down and we should do everything that we can to avoid that, which is why it is essential that families who adopt get the ongoing support that they need after the adoption process is completed.
As my hon. Friend the Member for Birmingham, Selly Oak said, needs assessments for families detail the support that is needed but, in practice, those assessments are often stored away in a filing cabinet and the support is never provided. A family in one area may get ongoing counselling and support but another family with the same rights, who have a child with similar, or even more, needs receive nothing. That kind of inconsistency is just not acceptable and it is bad for families.
It is in no one’s interests for an adoption to break down. The local authority will have put years of work and substantial resources into finding an appropriate placement. Breakdown is the worst-case scenario. For many more children, the transition into their new home is made more difficult than it should be.
There is a gap in post-adoption services. Just as proper support services can prevent family breakdown and the need for adoption in the first place, ongoing support can prevent adoptions from being disrupted and can keep families together. The Bill needs to reinforce the responsibility of local authorities to meet the needs of the adopted children and their parents, which is why I am supporting the amendment.
Bill Esterson
I, too, have my name on amendment 9. I want to comment briefly on the identified support needs of adopted children.
As my hon. Friend the Member for South Shields said, there is often a lack of services for supporting mental health problems. Perhaps the Minister will take on board her well-made point about the need to improve child and adolescent services, particularly for children who end up in the care system. For those of us who have adopted children, the lack of ongoing support can make the process even harder. From personal experience, I can say that the promise of ongoing support by the placing authority is not the same as its delivery once the child is adopted.
An area of concern that has recently come to my attention is the damage done by alcohol consumed by mothers during pregnancy. The damage caused to babies by foetal alcohol spectrum disorders can continue for their whole lives, as the brain damage is irreversible. In this country, we are only recently coming to realise how much of a problem foetal alcohol spectrum disorders are. One estimate is that 7,000 children are damaged each year in that way, but the true figure may be much higher. The all-party group on foetal alcohol spectrum disorders was formed just two days ago—I happen to be its chairman. [Hon. Members: “Hear, hear.”] Thank you. I urge all Members to follow our work in raising awareness and attempting to improve support. A high proportion of the children who are damaged by alcohol during pregnancy end up in the care system, and a significant number end up being adopted. The members and supporters of the Foetal Alcohol Spectrum Disorder Trust and other groups that are supporting the APPG are often people who have adopted children who have been damaged by alcohol during pregnancy.
There is a need for better identification—that is certainly true in the context of adoption—and for much greater support. The evidence I have seen shows that behavioural problems among children who end up in care or being adopted, with which we are all familiar, are far worse among children who have foetal alcohol spectrum disorders. I want to draw the Minister’s attention to that serious problem. The problem is not growing, but awareness of it is, so perhaps he will refer to it in his response.
Amendment 12 states:
“the Secretary of State shall consult children who have experience of adoption functions, adopters and such persons as he considers appropriate.”
I think that we mentioned in passing on Tuesday that we may have been remiss in not hearing evidence from children and young people. I repeat that comment now. It would have been a good idea had we had written or, in particular, oral evidence from children and young people themselves.
Bill Esterson
I thank the Minister. He chaired both groups, so he is well aware of the good practice over a number of years of taking evidence from children and young people.
Caroline Nokes (Romsey and Southampton North) (Con)
I commend the hon. Gentleman for the work that he has done, through various all-party groups, for looked-after children or children in the care system. He will have listened to evidence from care leavers as a member of the Education Committee in the previous Parliament. Does he agree that it is not simply children currently in care who need a voice, but those who have recently left it?
Bill Esterson
The hon. Lady is absolutely right. We served together on that Committee in the previous Parliament. We held inquiries into leaving care and the quality of 16-to-19 care options and, indeed, a further inquiry into residential care. Previously, there was an inquiry into child protection. All those things are in the space that we are discussing under this aspect of the Bill and all will probably lend themselves to slightly fuller discussion under some of the other amendments. She is right to say that we should listen to what those who have left care have to say about their experiences. The experiences and life chances of children and young people who end up in the care system, whether they go on to be adopted or, we hope, into other forms of permanence, are affected very much, and for the same reasons. As parliamentarians looking to get this right for that group of children and young people, we should take every opportunity to listen to what children and young people and in particular, as she says, care leavers have to say.
Mrs Flick Drummond (Portsmouth South) (Con)
May I make this point while we are talking about children and, in particular, adopted children? There should be some flexibility in relation to the visits by social workers after the adoption, particularly in the early days, because quite often the social worker’s visit creates the fear that they might be taken away again. We need flexibility on how this is done, which is why I will not support the amendment. There needs to be a wide variety of ways for local authorities to perform the function. I know from personal experience that children get very upset if they think that there will be frequent visits by social workers or there are laid down guidelines. I would like to see much more flexibility.
Bill Esterson
Yes, and I realise that the hon. Lady has her own experience of these matters. When social workers become involved, which from time to time is right and proper—I am sure that she was not suggesting otherwise— what is important is continuity and that relationships between children and social workers and between families and social workers are, as far as possible, built on a basis of trust and longevity. A breakdown in trust between children and adults is one of the problems that lead to challenges as children grow. Often, what one social worker or professional may say to a child is contradicted by subsequent events. It is very important—I know that the Minister is aware of these matters—
Steve McCabe
I am very conscious of the point that the hon. Member for Portsmouth South has just raised. I simply want to suggest to my hon. Friend that, of course, consultation does not have to mean a social worker visiting someone’s home. In fact, that is a classic old-fashioned social worker view of consulting someone. Consultation could mean a variety of models employed by social workers or others to ensure children who have particular experiences can share them with the rest of us, so that we learn and do better next time.
Bill Esterson
My hon. Friend is of course right. There have been suggestions about how to ask children for their views without putting them in a situation where they are uncomfortable or stressed, as the hon. Lady indicated. Good practice can be taken on board; I know the Minister is aware of some of that good practice, so perhaps he can refer to it in his closing remarks. I want to draw attention to the fact that the amendments raise important issues about a child-centred approach that takes in such considerations. I am pleased that we have been able to discuss them in this way. I look forward to his response.
Edward Timpson
I would like to speak to amendments 9 and 12 and proposed new clause 1. As we have heard, the amendments concern the functions that can be included in a direction, in particular about the adoption support function. The new clause would require the Secretary of State to report on the fitness of agencies to deliver the functions. Amendment 9 would add
“support identified in needs assessments of adopted children”
to the list of functions that can be included in a direction under the new clause. Amendment 12 would require consultation with children, adopters and other relevant people before any amendments to the type of local authority functions that could be included in a direction. The new clause would require the Secretary of State, before giving a direction, to commission and publish a report on the fitness of the authorities and agencies that he or she intends to direct. It would also require the assessment to consider specifically agencies’ ability to deliver support for education and adult employment for adopted children, mental health assessments and support services, and matching services.
I am grateful to the hon. Members on both sides who contributed to the well-informed debate on the amendments. I can understand the reasons why the amendments were proposed; it is certainly imperative that we ensure that the list of functions that regional adoption agencies can deliver is the right list and, as the Committee would expect, I wholeheartedly agree with the ambition to ensure that those carrying out adoption functions are fit to do so. That is particularly true when it comes to the needs of adopted children and their families for good, timely adoption support services.
Let me turn first to that last point, which is particularly raised by amendment 9. The amendment would add the wording proposed to the list of functions that can be included in a direction under the new clause. The amendment seeks to ensure that local authorities are under a duty to provide the adoption support identified in the needs assessments of adopted children. I should note that the wording does not describe an existing function and therefore it cannot be added to a list of functions in the way proposed. The clause already enables the general adoption support function to be covered in any direction. However, I fully appreciate the hon. Members’ reasons for proposing the amendment and seeking to ensure that local authorities are under a duty to provide adoption support identified in needs assessments of adopted children. As the hon. Member for South Shields said, we can all see the strong moral argument for providing high-quality support to children and families who are dealing with the impact of early abuse and neglect. There is also a strong financial imperative, for obvious reasons.
It is in no one’s interests for adoptive placements to falter, or even break down, in ways that could have been avoided had good support been available at the right time. I know from my family’s experience of adoption that unless there is support and a good assessment of the needs of not only that individual child but the family coping with the fallout from that child’s early life experiences, it can cause unnecessary harm and damage to the prospects of that family. It is also the support that will best ensure that the underlying causes that have created the behavioural difficulties, outbursts or friction in the family are understood and dealt with.
That is precisely why I was determined to establish the adoption support fund, which rolled out this year. We are providing more than £19 million of funding to support adopted children and their families. That means that when local authorities assess the needs of adopted children they can now draw on the fund to provide a wide range of support services. I am delighted that already more than 250 families have been supported through the fund since it began in May, accessing around £1.5 million of the overall funding pot.
As I argued during the passage of the Children and Families Act 2014, I believe that the adoption support fund is a better solution to the ongoing challenge of meeting the needs of adopted children and their families, compared with imposing a duty to provide on local authorities. By adding significant extra money into the system, the fund will help both to improve access to adoption support services and build provision of those services. It will enable local authorities to assess properly and not be tempted, as they could be under a duty to provide, to under-assess, and do it consistently in the knowledge that there is an additional source of funding to pay for packages of support.
In addition, we expect that the fund will help to stimulate the opportunity for adoption and support providers to grow by acting as a commissioner of services. Those benefits would not have been realised through a duty to provide.
I shall take this opportunity to share with the Committee one of the stories that have already started to emerge from the adoption support fund, about a family that has benefited. The family said that Jacob had settled really well into his family but, as a result of experiencing parental drug use, domestic violence and neglect in his birth family, he had been having some emotional problems at home and school. An application was made to the adoption support fund and, as a result, Jacob, his mum and dad are taking part in a course of Theraplay. The money provided by the adoption support fund has meant that the therapy has been able to happen quickly in their home town and is delivered by a worker whom they trust. That opportunity has had a significant impact on the family and it means that Jacob has the best chance to settle into his school and continue to be loved and secure in his family. That is exactly the sort of outcome that we hoped for when we set up the fund at the beginning of last year.
Mrs Lewell-Buck
I really welcome the fund. In discussions around establishing the fund, did the Minister consider that a lot of these children have mental health needs and issues prior to adoption? Was no consideration given to putting money into services that could help the children before they were adopted, as opposed to once they are adopted?
Edward Timpson
The hon. Lady is right to highlight the role that mental health plays in the lives of many children, not only those who are adopted but in the care system. I was struck when growing up by how many children, sometimes very young, were displaying what I now know to be the impact of mental health problems. The role of mental health in the therapeutic support that the adoptive families will need through the fund is very much part of what is on offer. We have a list of different therapies that are available through the fund, and that is kept under review to ensure that we have the right mix of therapies to meet the demand from applications to the fund. The greatest need and the main source of applications has been post-adoption therapeutic support.
We are struggling to see each other through the hon. Gentleman’s head.
Edward Timpson
Perhaps the hon. Gentleman could lean to the right. If he leant to the right, he could come and join us.
Kevin Brennan
It is quite hard for me to see the Minister, too, because of the halo around him, which is the result not only of the praise that has been heaped on him during the debate, but of the light behind him. He has characterised the situation as though the duty and the fund were mutually exclusive. Is it not possible that the duty might complement the fund?
Edward Timpson
We want to establish a clear route to fund the assessed need of support, and the adoption support fund is relentlessly focused on achieving that. I alluded a few moments ago to the fact that when we were considering the best way forward for post-adoption support, we heard concerns to the effect that if there were simply a duty to provide, irrespective of what funds were available, the normal approach from local authorities through assessment would continue and the problems of under-assessment might still prevail. I understand the point that the hon. Gentleman is making, however.
I see our approach as incentivising good practice rather than simply saying to local authorities, “This is what has to be done.” It has enabled some innovation in how local authorities approach such issues, and they now draw from a wider area of expertise to find the right service for each child. The approach is in its early stages—the fund has only been established for a few months—but we have already seen that it is beneficial for many families, because of the flexibility that it gives to local authorities, both through the assessment process and in how they work with families to understand exactly what they want to apply to the fund for.
I turn to amendment 12. I understand the desire for consultation before the making of regulations that would change the type of local authority functions that could be included in a direction. I reassure the Committee that I am firmly committed to taking into account the views of children, adopters and local authorities when we develop our approach in this area, and I am happy to put that commitment on the record. Only yesterday, I had the opportunity to meet the new Children’s Commissioner, Anne Longfield, to discuss how, through her good offices, I can continue to have a dialogue with children from all parts of the care system. As Minister for Children and Families, I continue to meet regularly with children who have experience of adoption, with care leavers and with those who are still in care. That is an important part of developing a full and rounded understanding of the approach needed to make a real difference for those children.
Steve McCabe
In my zeal to comply with the strictures of my Whip and stick to the timetable, I omitted to mention amendment 12 in my earlier comments. Such is the power that the Whips exert and the fear that they inspire. Since the Minister is addressing the point, may I ask a question that is also pertinent to the point that the hon. Member for Portsmouth South raised? The Minister says that he is committed to ensuring that young people and parents are consulted. Will he say something about how that will be transacted? We all run up against the classic local authority model of consultation, which is rarely very satisfactory, in my experience. It certainly does not set out to involve the kind of people we are talking about. Will he say something about how he will ensure that we hear the views of those people, who have real experience?
Edward Timpson
I assumed that the hon. Gentleman did not refer to amendment 12 because his argument was so strong that he did not think he had to make it. I took the opportunity to respond to the amendment, but I thank him for his clarification. I have set out the direct conversations and dialogue that the Department and I have with children and young people, which is an important part of the consultation.
In relation to decisions on adoption, adoption support and the functions there may be in any part of the country, we have the Adoption Leadership Board, which comprises the Association of Directors of Children’s Services, Adoption UK, the British Association for Adoption and Fostering and others. Each region has its own leadership board. Those charities and boards are excellent forums through which to elicit exactly that type of knowledge, so that when we consider the vision of adoption support, it reflects the needs and desires of the children who will benefit from the fund and the support that flows from it.
Crucially, the whole design of the regional adoption agency approach is based on the need of children, adopters and agencies to eradicate unnecessary delays and inefficiency. Successful matching relies on being able to access a wide range of potential adopters from the beginning. Operating at a greater scale will allow social workers to do that, which will help reduce delays. The evidence is overwhelming that delays in the system cause lasting harm to vulnerable children. As Professor Julie Selwyn found,
“delay…has an unacceptable price in terms of the reduction in children’s life chances and the financial costs to local authorities, the emotional and financial burden later placed on adoptive families and future costs to society”.
We will, of course, expect regional adoption agencies to factor in adopters’ needs and views when they are developing their delivery and practice models. We are already demonstrating our commitment to ensuring that the voice of users is able to influence service provision in adoption. On top of the leadership boards, we are currently grant-funding Adoption UK to improve the adopter voice across the adoption system, and particularly to engage with agencies on a range of issues, including prospective adopters’ experience of matching. We expect that learning to feed in to the development of regional adoption agencies. Having listened to hon. Members this afternoon, I will take the opportunity to discuss with Adoption UK and others how they can make the voice of adopted children somewhat more prominent in their work, so that we get as good a picture as possible.
Finally, I turn to the proposed new clause. I will not speak at length as I have covered a number of the relevant points, particularly about what we are doing to ensure strong adoption support to adopted children and families. As hon. Members would expect, I wholeheartedly agree with the ambition to ensure that those carrying out adoption functions are fit to do so.
I also agree that supporting adopted children through their education, into employment, in their mental health and in the original matching decisions is vital. I commend the hon. Member for Sefton Central on the formation of his new all-party parliamentary group on foetal alcohol syndrome because that remains a feature of the lives of far too many children and it needs to be tackled. I welcome his interest and look forward to hearing of the work of his group in due course.
I reiterate that the purpose of the adoption clause in the Bill is to ensure that adoption services are provided at the right scale and to a high quality.
Bill Esterson
I thank the Minister for his words about the APPG, and take the opportunity to invite him to give evidence to the inquiry that we will hold in the autumn.
Edward Timpson
I will look forward to receiving the hon. Gentleman’s letter.
I firmly believe that the process of moving to regional adoption agencies provides opportunities to tackle the geographical barriers in the system and to build on existing strong practice while eradicating weaker practice. Our implementation approach, set out in the now seminal “Regionalising adoption” paper published last month, is clear that improving the way we deliver adopter recruitment, matching and support functions is a central aim of the programme.
Any directions that we issue to local authorities will be based on the need to form regional agencies that can operate on a more efficient and effective scale and deliver an excellent standard of practice. This is also an opportunity for authorities and agencies to innovate and consider the wider benefits of regionalisation, including, for example, the development of regional centres of excellence for therapeutic support, which agencies could make available to looked-after children as well as those who have left care through adoption. It is worth noting that local authority duties for adoption support remain unchanged, even if they are delivered through a regional model. We strongly believe that regional adoption agencies will improve children’s outcomes, and we are delighted that many in the sector have expressed their support. There are many benefits to regionalisation, not least enabling children to be matched with their forever family more swiftly and giving providers the confidence to expand their adoption support services so that vital services are widely available and provide better value for money for the taxpayer.
We are determined to make this work. We are absolutely committed to working with all those who have an interest in developing regional adoption agencies, in order to ensure that the structure and quality of service delivery are set at the right level, and that voluntary adoption agencies form part of that solution. We will provide financial and practical support to those who volunteer to rise to the challenge of transitioning to new arrangements. If it proves necessary to use these powers, we will need to ensure that all new arrangements are fit for purpose. Agencies will, of course, continue to be subject to Ofsted inspections. The Bill includes a power for the Secretary of State to issue a direction to terminate arrangements, that could be used where there are concerns about a regional adoption agency.
I hope that I have provided reassurance, and in view of my earlier points, I urge the hon. Member for Birmingham, Selly Oak to withdraw his amendment.
Steve McCabe
I accept the Minister’s technical analysis of amendment 9, which I have no desire to press to a vote. He understands what lies behind the amendment, and it seems that my concerns are shared across the Committee.
I have already congratulated the Minister on the adoption support fund. I assume, from what we have heard today, that he intends the fund to continue, at least for as long as he is in this post. The fund is great, but is he absolutely sure that all families are sufficiently clear about how to access its benefits? Some of the feedback I have had suggests that that might not be the case. Will he reflect on that and share his thoughts at a later time?
I am grateful for the Minister’s comments on amendment 12, which I also have no desire to press to a vote. I accept his assurances and was pleased to hear his commitment to exploring further how children’s voices can be heard in this process. I have been struck by how often I come across people who say, “No one ever listened to me. No one ever asked me. If they had, I might have told them they could have done it differently.” No matter how long we have been in these roles, I come across that constantly, and it is very important.
In my zeal to get through this grouping, I managed to skip over new clause 1. That is extraordinary, because I normally like to talk for as long as possible. I presume, Mr Chope, that we will vote on new clause 1 later, but I am grateful for the Minister’s comments on it.
What attracted me to new clause 1 is a point made in the Barnardo’s briefing that I mentioned earlier—namely, that we provide support and access to personal advisers for people leaving care up to the age of 25, provided they are in education or training. That is extraordinary, because the very people we would think need extra support and advice are those who are not in education, employment or training. The purpose of new clause 1 is to make that support available for those who have been adopted. I would like to see that as an option for people in any kind of permanence arrangement. I am not saying that people who have made it into education or training do not continue to need support, but they are at least on a ladder and have some potential. We should be preoccupied with the people who are dropping to the floor. That is the purpose of new clause 1, but we will return to that at a later stage. For the time being, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Steve McCabe
I beg to move amendment 10, in clause 13, page 8, line 38, after subsection (4) insert—
‘( ) The Secretary of State shall make arrangements for the independent inspection and monitoring of the functioning of arrangements resulting from a direction under subsection (1).
( ) Where an independent inspection or monitoring report raises serious concerns about the functioning of arrangements subject to a direction under subsection (1), the Secretary of State must consider whether to exercise his power in subsection (4).’.
This amendment aims to ensure scrutiny of new arrangements established by Ministerial Direction and promotes remedial action where the results of scrutiny raises serious concerns.
I am glancing at the clock and the Whip—I will attempt to make some progress. The amendment is relatively straightforward and I hope that there will be no need to press it to a vote, although that depends on the Minister’s response. The purpose of the legislation is to change the arrangements covering the provision, management and performance of our adoption services. The Minister has been clear at various stages about his aims, so we do not need to go over that ground again. However, we do not know how any new arrangements will be monitored. I assume that such arrangements will be subject to Ofsted inspection, but will the Minister confirm that?
At present, adoption arrangements in a local authority are monitored as part of a whole authority inspection process. Given that the new arrangements are likely to include the formation of consortia with more than one local authority, and hopefully more than one voluntary agency and also perhaps other bodies, what will be the monitoring and inspection arrangements? I hear the Minister when he stresses that he does not want a one size, one shape fits-all solution, but it seems likely that we could end up with quite a large number of regional groupings: earlier today I pointed out that in Wales 22 local districts had morphed into five regional agencies.
I am curious to know how much variety we are likely to see in England. Will the Minister tell us a bit more about exactly what will be inspected and how it will be inspected? Given the variety I referred to, what plans does he have to make comparative judgments on performance and behaviour possible for what could be quite different types of consortia?
It is not really in my nature to anticipate the worst outcome; I generally like to look on the bright side of life, but it seems to me that part of our job in scrutinising the legislation is to ask these basic questions now, so that we have a clear idea about who the new agencies will be accountable to and how their work will be monitored and inspected. That is not least because, like Dr Homden from Coram, I want to know about excellence for children. I want to know about the practice that is really making a difference, and I want to know that we are identifying and spreading that practice so that we really succeed in improving the speed and quality of the adoption process.
When we embark on new ventures, we find that they do not always go according to plan. The Government of which I was a member had problems with some of their reorganisations, and the previous Government did not exactly carry out the health and social care reorganisations without difficulties. As we will hear later, there are concerns that the Government’s academies and free schools programme is not always adequately monitored, which has led to what we think is a rather dilatory approach to problems in certain schools and in certain areas. I am anxious to help the Minister to ensure that we do not run into those kinds of problems with this adoption Bill. I want to know, in the event of something going seriously wrong, that the Minister will have access to all the necessary information, and sufficient powers to intervene before the problems or difficulties escalate.
Ministers often find it relatively easy to identify problems caused by people in other organisations—that is true of Ministers of all parties and Governments, and their civil servants—and they are good at offering up solutions to remedy those problems, but they have a remarkable blind spot when it comes to problems or difficulties of their own making or the unforeseen consequences arising from their own initiatives. We do not want that to happen here. We want the Minister to succeed in what he is trying to do. If there are problems—if things go wrong or do not work as anticipated—it is important that we know that there are clear lines of accountability, high-quality monitoring and inspection procedures and a range of actions available to the Minister to put things right. That is what the amendment seeks to identify.
I anticipate that the Minister will want to tell me about the technical deficiencies of the amendment, so let me say in advance that I am trying very hard to spell out clearly its purpose. I hope he can offer satisfactory reassurance on this matter, which would go a great way towards relieving my concerns and those of my colleagues. A significant number of agencies and bodies have raised this issue with me during our discussions on the Bill. I look forward to hearing the Minister say that he understands those concerns. I hope he is as anxious as I am that my mind is set at rest.
Edward Timpson
I am grateful to the hon. Gentleman for the amendment and for raising the important issue of how the new regional adoption agencies will be held to account. I assure him that I will dwell not on the technical difficulties of his amendment, but on how the regional adoption agencies will be held to account. First, they will be held to account through Ofsted. The same accountabilities that apply to local authorities and voluntary adoption agencies will apply to the regional adoption agencies.
Like the hon. Gentleman, I am a glass-half-full sort of person. Although I fully expect that regionalisation will result in better, higher-quality practice and adoption, if the performance is not good enough and children are being let down, the Secretary of State will not hesitate to use the powers available to her to take action where necessary, as she does under the current arrangements.
To extrapolate, the new regional adoption agencies will be inspected by Ofsted. Legislation already requires all adoption agencies to be inspected, and the regional adoption agencies will be treated no differently. We will expect Ofsted to inspect the new agencies themselves, as it does with voluntary adoption agencies, and look at how the local authorities attached to the agencies are working with them to ensure the best possible outcomes for children. We will continue to work closely with Ofsted to ensure that the way this works in practice is robust and proportionate.
Steve McCabe
I do not know whether I am labouring the point, but I am genuinely curious to understand it. There are two slightly different inspection processes at present: the agencies are inspected and the local authorities have their adoption functions inspected as part of a wider inspection process. Given that we will now have regional adoption agencies, which will bring together several voluntary bodies and local authorities, which inspection process will be applied? Will there be a complete inspection of a regional adoption agency, or will part of it be subject to an inspection and part reliant on the former model of inspecting local authorities?
Edward Timpson
As I have set out and as is already the case, an agency, as in a voluntary adoption agency and in future a regional adoption agency, has its own inspection of its service. In addition, there are inspections of children’s services, including any in-house agency, and that covers how a children’s service is working with that aspect of the service that it is providing through the agency. Furthermore, if a voluntary adoption agency is carrying out those functions on behalf of a local authority, the working relationship between the authority and the agency and how well they are working together will form part of the children’s services inspection. So we are trying to ensure that there is no over-inspection or duplication, but still a clear focus on every aspect of the individual functions and of the agency or local authority carrying out the function.
We will continue to work with Ofsted to ensure that we get things absolutely right. The Adoption Leadership Board will continue to collect and publish quarterly data on the performance of the adoption system, so that we can identify over and above what Ofsted inspections are telling us about where there is excellence, thus helping to spread it more widely across the system. We will be able to see where aspects of the service are not up to scratch as well. If a regional adoption agency was found to be failing, the Secretary of State would consider how best to bring about an improvement with all the powers at her disposal and where necessary.
Steve McCabe
Again, I am trying hard to visualise how that will work in practice. Each regional agency will in effect operate as a single entity, but from what the Minister says the voluntary components will be subject to an inspection, but the local authority will be inspected as part of the children’s services inspection, with some kind of bridging operation to see how well they work together. What will happen if the voluntary part of the entity is revealed to be working well, but the local authority component has significant problems? How will he intervene then?
Edward Timpson
No, the comparison that I was seeking to draw is with what happens now: a voluntary adoption agency is inspected as an individual agency and the children’s services inspection includes the local authority’s relationship with the voluntary adoption agency that has taken on the authority’s functions. Substitute “voluntary adoption agency” with “regional adoption agency” and I am talking about the same type of inspection—within a regional adoption agency, the voluntary part and the local authority part are not differentiated, so it is an entity in itself.
Regional adoption agencies might all have a different form: the adoption functions under the Bill might be taken on by one local authority on behalf of a whole region, by a voluntary adoption agency or by a newly created consortium agency. The inspection regime that happens now for a voluntary adoption agency and for what is done in conjunction with a local authority is what is anticipated will happen in future. We are ensuring, by working closely with Ofsted, that we get that absolutely right, so that everyone is aware of who has responsibility for what, who will be accountable for what and how that inspection will work. I am happy, as ever, to continue to provide the hon. Gentleman with details of the inspections that will take place once we have completed our discussions with Ofsted. That is certainly the position now and the one that I anticipate for the future.
Steve McCabe
I am grateful to the Minister for his offer to keep us updated on the progress of his negotiations with Ofsted. As I suggest in the amendment, it is not that I want to imagine the worst will happen, but this is about the process. We have all witnessed problems in recent years with children’s services. Many local authorities get vey poor children’s services ratings, but if the adoption element were assessed on its own, it would probably be quite favourable at times.
Trying to understand how these new arrangements will work is important, which is why I have stressed the point. I acknowledge that voluntary agencies regularly have outstanding assessments from Ofsted. We do not see much of that in relation to local authorities. We are anxious to discover that the inspection process will be fit for purpose, that the good parts that exist in the system will be preserved and that we will develop from them the very thing that the Minister refers to in his “Regionalising adoption” paper. We are anxious not to end up with a lesser monitoring and inspection process that drags down good practice and allows other parts of the system to disguise their deficiencies and weaknesses. That concerns me, and I ask the Minister to keep a sharp focus on it. There is little purpose in pressing the amendment to a vote, so I beg to ask leave to withdraw it.
Amendment, by leave, withdrawn.
Steve McCabe
I beg to move amendment 11, in clause 13, page 8, line 40, at end insert—
‘( ) When giving a direction under this section, the Secretary of State must publish a statement stating his satisfaction, or otherwise, that the outcomes of the proposed arrangements are consistent with arrangements in place across the whole sector.”
This amendment is aimed at establishing that adoption functions would remain fully integrated within regional agencies responsible for all permanence arrangements for children, such as fostering, kinship care, returning children home and post placement support.
The Chair
With this it will be convenient to discuss the following:
Amendment 25, in clause 13, page 8, line 40, at end insert—
‘(5A) Before making a direction under subsection (1), the Secretary of State must consider, and lay a statement before each House of Parliament about, the impact of the changes proposed within the direction on—
(a) each relevant local authority’s existing provision in relation to—
(i) adoption,
(ii) foster care,
(iii) other potentially permanent placement solutions, and
(iv) other social services for children, in particular where delivered by multi-disciplinary teams, and
(b) the consistency of provision of mental health services to children within the relevant client group affected.”
This amendment arises from oral evidence taken by the committee, and would require that, before giving a direction, the Secretary of State takes account of, and reports on, potential impacts of his required changes on the wider landscape of children‘s social, and mental health, services being provided by the target authorities.
Amendment 26, in clause 13, page 8, line 41, at end insert—
‘(6A) Prior to making any directions under subsection (1), and within 12 months of this Act coming into force, the Secretary of State shall commission an independent evaluation of the matters under subsection (6B) and shall lay the report of the evaluation before each House of Parliament.
(6B) The evaluation under subsection (6A) shall consider—
(a) the extent to which directions under section 3ZA should avoid creating any presumption that adoption is automatically the most desirable solution in the interests of any child,
(b) the extent to which directions under section 3ZA should be consider all permanency placement settings, including (but not limited to) foster care, residential care and kinship care, and
(c) the extent to which directions under section 3ZA, or alternative steps and measures, might be used or designed to intervene earlier in the lives of children, mothers, young people, and families as a whole, to prevent or avoid children having to leave their natural family setting.”
This amendment arises from oral evidence taken by the committee, and would require that, before considering directions, the Secretary of State must seek independent advice on options for a more holistic approach to permanency and a more preventative approach to family breakdown.
Steve McCabe
I confess that when I first drafted this amendment, I sought to include the words “special guardianship orders”, “fostering”, “kinship care” or “a return home” because I was anxious that somewhere in the Bill we had the opportunity to debate those matters that so many people feel have been missed as a consequence of the Government’s decision to draw this legislation so narrowly. I think that the subsequent amendments address those points.
We heard Mr Elvin say that the most significant change he would like to make to is to substitute the word “permanence” for “adoption” throughout the Bill. Mr Andy Leary-May suggested to the Committee that the problems with finding suitable foster parents are similar to those associated with finding suitable families for adoption. Mr Thornbery of Adoption UK told the Committee that we needed to move from a focus purely on adoption agencies to looking at the broader issue of permanence arrangements.
For all the Minister’s good intentions, this is what he risks getting wrong with the Bill. As the Court of Appeal indicated in its 2013 judgment, Re B-S (Children)—the case was that of a mother seeking leave to oppose the adoption of two of her children—a court must consider all available options when coming to a decision, and evidence, including a proper analysis for and against adoption, must be presented to the court.
As Mr Elvin suggested in his evidence, by separating adoption from other forms of permanence, the Government risk elevating it to a special status of greater importance. That would make it difficult to comply with the requirements of the courts. We must surely ask how one model of permanence—one that, as we know, accounts for about 5% of the children in the system—can be of much greater importance and significance than any other. Surely, in each case, we want a permanence arrangement that is in the best interests of and affords the greatest prospect of a secure and loving family environment for that child or those children.
My own experience is that that can sometimes be achieved with the child’s natural parent or parents, but that often requires a lot of support from the authorities, and, as I said earlier, sometimes does not work out. That is exactly the point made by the president of the Court of Appeal in the judgment that I mentioned. Sometimes, there can be no realistic prospect of a return to the natural parent or parents, but there are wonderful examples of grandparents or other relatives—including older siblings, aunts and uncles—who take over care and provide a loving home for the child, allowing them to retain a family link and some cultural connections. We should value and promote those models of permanence just as much as adoption. Likewise, we should not underestimate the contribution of long-term fostering.
With the amendment, I therefore seek to ensure that, whatever arrangements the Minister decides to put in place for adoption, they do not happen in isolation, divorced from other models of permanence, with adoption as the Rolls-Royce model and all other options relegated to an inferior position. He has said little about his plans for other permanence arrangements, so I hope that he will respond to the amendment in the spirit in which it is intended and tell us briefly of his plans for those. I also hope that he will assure us that he values grandparent and other forms of kinship care just as highly as adoption and that the best interests of the child are at the core of all his ambitions in this regard.
I think that I have gone as far as you will allow me to within the scope of the amendment, Mr Chope. I hope that the Minister is clear about what I am asking him to consider, so I shall leave it there.
Bill Esterson
My hon. Friend finished his contribution by saying that whatever we do must be in the best interests of the child. His comment says everything about what we should do for vulnerable children and children who end up in the care system, whether or not they are adopted. Everything we do should be done with that in mind. The principle of paramountcy matters above all else. The interests of the child should come above the interests of any adult. That is why these three amendment are important. I put my name to amendment 11. It seems that I was slightly more fortunate than my hon. Friends on the Front Bench, in being allowed to use the term “foster care” in my amendment. My hon. Friend the Member for South Shields went further and managed to get “kinship care” and “residential care” in her amendment.
Bill Esterson
Indeed.
I have a sense that the Bill is a missed opportunity, and I said as much on Second Reading: it
“raises concern that adoption is being considered the gold standard”—[Official Report, 22 June 2015; Vol. 597, c. 647.]—
at the expense of other forms of permanence. That point has been put to me on a number of occasions. Let us bear in mind than only a very small number of children end up being adopted. The best way forward for the much greater number—in excess of 90%—of children who end up in the care system is to be kept with their families, perhaps extended family, with special guardianship orders or in foster or residential care. It is a great shame that the Bill does not pick up on that. We heard in evidence that point being made in one way or another by a number of witnesses. Annie Crombie was probably the first witness to touch on it when she suggested that it is only right to think more broadly and not think only about adoption:
Many of the voluntary organisations that work in this area provide services across more than just adoption; some do not, some are very adoption-focused, but many do.––[Official Report, Education and Adoption Public Bill Committee, 30 June 2015; c. 47, Q10.]
Most of her remakes were about adoption, but she also made that point.
The other witnesses spoke in more detail. When Andy Leary-May spoke about the challenges in adoption that the Bill was trying to address, he mentioned that there are barriers within fostering, too. The essence of his remarks was that, by focusing only on adoption, there was a danger of missing a
“large part of the picture”––[Official Report, Education and Adoption Public Bill Committee, 30 June 2015; c. 56, Q25.]
When I asked him and the other witnesses on that panel about the Bill’s impact on other forms of permanence, he made the point that a number of local authorities have already created permanence teams and he expressed the concern that, unless the changes the Government are considering are carried out very carefully, they may create what he called “a separation”. I think that he was saying that there is a danger that we will damage existing services, and that is what my amendment seeks to avoid.
Steve McCabe
Is it not the case, and the pertinent point of my hon. Friend’s amendment, that if we continue to focus energy and resource on adoption to the exclusion of other permanence options—I am thinking of the £16 million for the expansion fund and the money for the adoption support fund—and if there is no move to permanence teams and we continue to focus the resource in this fashion, eventually people will conclude that adoption is the only option and the other options will wither on the vine because they will be squeezed out of the system?
Bill Esterson
There is a danger of that, and it is right to highlight the danger. The last thing I wanted to do in tabling the amendment was to undermine any good practice, and that was not what my hon. Friend was seeking to do, either. However, it is only right and proper that we express the concern that if all the focus, attention, energy and resources are directed towards something called adoption when that is not necessarily right for the child, other forms of permanence will not receive the same support and the best life chances for children and young people will not be provided.
We are all familiar with the very sad state of affairs that large numbers of children in care end up in the criminal justice system. They end up not getting good results at school. They find it difficult to establish stable relationships in adult life and find it difficult to get decent, well-paid employment. We have already talked about the mental health problems that young people in care suffer. All those indicators, all those problems, start early in life. The damage is done in the early years, is it not? So we should invest in support for children and young people as early as possible to improve their chances later in life.
If we focus only on adoption, we are focusing, sadly, on the few. I certainly do not want that to be at the expense of the very many for whom, sadly, the end result is as I have described, despite a lot of investment, intervention and good work by dedicated professionals, volunteers and people who act as formal or informal carers, with the support of people in schools, the health service and beyond. There is massive investment and support over many years, yet there is a stubborn lack of improvement in the life chances of this group of children and young people, with a considerable cost not only to their life chances but to society. The cost of young people who end up in the prison system is enormous. We need to consider the numbers who come through the care system first. If only there was a way of reducing those numbers, it would make an enormous saving further down the line, so my hon. Friend is absolutely right to raise that point.
We heard evidence from a number of witnesses. I have quoted Andy Leary-May already when I was talking about permanence teams. He called for the Bill to look at other forms of permanence in full. Another witness, Andy Elvin, an experienced adopter, was able to give evidence from a personal perspective, and we should listen carefully to that. He made the point that we cannot overstate the importance of early, stable and permanent placements. He talked about concentrating not on one solution—the Bill refers only to adoption—but on permanency. When asked by my hon. Friend the Member for Cardiff West what change he would make to the Bill, Mr Elvin said that he would substitute the word “permanency” for “adoption”. Improving the outcomes in all permanence options would make a big difference. That improvement would make the legislation right. He said that this was not about adoption numbers but about increasing the quality of permanence. He spoke of the value of special guardianship orders and foster care, and urged us to consider how we, as a Committee, could help with those permanence options.
It is, of course, important that we do the best we can for those who are adopted. A number of Members have spoken about Julie Selwyn’s research, which showed that adoption is on the whole a very good thing for children. Hugh Thornbery, who also mentioned that research, made the point that while adoptive families struggle through tough times and survive them, adopted children still have very challenging needs. To paraphrase his evidence, it is clear that adoption offers a greater chance of stability, hence the low number of breakdowns in placements—3%—that we have talked about a number of times. However, if adoption is the solution for only 5% of children who end up in care, how do we ensure that we provide solutions that give the other 95% the best chance of permanence and stability, so that they can make the best of their lives and we do not end up with the poor outcomes that I mentioned for so many children and young people?
James Berry (Kingston and Surbiton) (Con)
Does the hon. Gentleman recognise that the Government are, in fact, very concerned about all the different forms of permanence? The Bill focuses on one such method—adoption—without in any way devaluing the other forms of permanence. It is appropriate to do so when, as Sir Martin Narey pointed out, there has been a massive decline in adoption since 1975.
Bill Esterson
We also heard evidence that there has been a worrying fall in the number of children being adopted recently.
Steve McCabe
Does my hon. Friend also recognise that Opposition Members have been pursuing the matter because this is the Government’s second bite of the cherry on adoption in less than a year? We have yet to hear the Government make proposals for other forms of permanence. It is fair to say that there has been a fall-off since ’75, but there has been a much more recent levelling-off of adoption. We need to know exactly what that is about. The danger of legislating in isolation is that we might not learn those lessons.
Bill Esterson
That is absolutely right. Whether it is about adoption or other forms of permanence, we have to find more people to come forward to look after children. In my experience, there are many things we could do to make it easier and more attractive. The issue of support came up in the evidence, for example. We need to improve support for adopters or others who care for the children who end up in the care system.
Kevin Brennan
Would my hon. Friend care to commend the Adoption and Children Act 2002, which dealt with measures to improve adoption, but also took the trouble to introduce—by amending the Children Act 1989—special guardianship orders? They should surely be included in any debate or legislation about adoption in order to get a proper picture of all the permanency options available.
Bill Esterson
Yes. We heard evidence from Andy Elvin about the increase in the number of children who are subject to special guardianship orders, so something is clearly working for those children, and he said that the outcomes were just as good.
We have 65,000 children in the care system, and we might have a piece of legislation that deals only with 3,000 or 4,000 children a year. Although it is important and right that we do as well as we can by those 3,000 or 4,000, we must do something for the other 61,000 or 62,000 as well. My worry is that this is a missed opportunity. It is a second missed opportunity, as my hon. Friend has reminded us. Perhaps the Minister will tell us when the Government will introduce equivalent proposals to address the support for the much larger group of children and young people—the 61,000 or 62,000—who are not covered by the provisions in the Bill.
Mrs Lewell-Buck
I would like to speak briefly to amendment 11 tabled by my hon. Friends and to my own amendment 26, which at this stage is a probing amendment.
I and my hon. Friends the Members for Birmingham, Selly Oak and for Sefton Central have said before that the Government treat adoption as a special case and focus on it at the expense of other approaches. There is a danger that clause 13 could go even further in setting adoption apart as a preferred option, relegating other types of permanence arrangements to second-order solutions. That would be a mistake.
At the very least, there is a danger that, because the reforms are applied to adoption services only, the process for adoption will be separated from other forms of permanence such as fostering, kinship care, special guardianship or long-term residential care. Such options exist because, as we all know, the job of finding a home for a child is never routine, and children’s needs and family circumstances are far too varied for one single answer to be applied in all cases.
If clause 13 is to be effective, fostering and other arrangements need to remain properly integrated with adoption. We cannot have a two-tier system in which the process for adoption differs from that used for fostering or kinship care. That is a sure way to create a disjointed procedure and encourage confusion and delay.
Steve McCabe
I am grateful to my hon. Friend. I am particularly struck by subsection (6B)(c) of her amendment and the point she is making. We all receive from time to time communications from people who refer to forced adoptions. Often people talk about the tendency of social workers to select the youngest child in the family, perhaps the baby, and consider him or her for adoption, but not consider that option for other children in the family. I am curious about how that works and what drives social workers to make that kind of decision. Does my hon. Friend agree that it may be due, in part, to the fact that adoption has been separated from other forms of permanence?
Mrs Lewell-Buck
I thank my hon. Friend for his intervention. I will try to shed some light, from my practice, on why younger children are often separated from their siblings and placed for adoption. From my experience, when a child reaches three or four years old, they become, to put it bluntly, unadoptable. More often than not, adopters want babies.
Kevin Brennan
I do not want to detain the Committee for long, but it is important to note briefly, in view of what was said earlier, that these amendments are very much in the spirit of the Adoption and Children Act 2002, which I mentioned. The hon. Member for Kingston and Surbiton should realise that these vehicles do not come along very often and that it is important, when legislating, to look at an issue comprehensively, rather than pick out one part of a problem. The problem that we are addressing is that of permanency for children in this situation.
The 2002 Act was groundbreaking in many ways, because it attempted to widen the number of prospective adopters. For example, my hon. Friends and I introduced amendments that, on a free vote on the Labour side, granted for the first time the right for unmarried couples, including same-sex couples, to apply to adopt. There is a small but interesting piece of history: the then Leader of the Opposition—now the Secretary of State for Work and Pensions—whipped his troops to vote against that proposal, and it ended with the resignation from the Front Bench of the right hon. Member for Buckingham (John Bercow). That was the start of his pathway into the speakership, so these things sometimes have a strange impact.
The other thing that that Bill did was not just to look at adoption, but to try to look at alternative permanency arrangements, in recognition of the fact that the popular perception of adoption, even back then, was very different from the reality. The popular perception is that it is always about young babies being given up for adoption. Although that was very much the case in decades past, things have changed significantly. That is not really the picture that we see when we look at what kinds of children are adopted and at their ages. That is why the introduction in that Bill, through the amendment to the Children Act 1989, of special guardianship orders was a groundbreaking step. It is unfortunate that we have not taken the trouble to revisit that—I would be grateful to the Minister if he explained why when he winds up—and looked at how we can strengthen other kinds of arrangements for permanency, given how important they are within the system.
Edward Timpson
I should like to speak to amendments 11, 25 and 26, which have been tabled by Opposition Members. I will come on to some of the matters raised towards the end of the debate, such as other routes to permanence. It is important to remember that clause 13 deals with the point at which the court has already made a decision to place a child for adoption, so we are not looking at whether that decision is right; we are accepting the fact that that decision has been made, but looking at what we need to do to improve the prospects of that adoptive placement being successful.
The amendments raise the important question how regional adoption agencies link to, impact on and work with other parts of the children’s social care system, including other types of permanent placement such as long-term foster care, special guardianship and kinship care, as well as the provision of mental health services. Amendment 26 would require the Secretary of State to commission and publish an independent evaluation on, in effect, alternative options to a regional adoption agency that capture all permanency options and approaches to prevent children from having to be taken into care in the first place.
I will speak about this in a bit more detail later, but I agree with much of what the hon. Member for South Shields said about the early interaction of children and families with children’s services and about making sure that from the earliest opportunity, the work that is done with them enables the child, if at all possible, to continue living with their birth family. That is clear not only in legislation—it was reiterated in the Children and Families Act 2014, which is underpinned by the Children Act 1989—but in the approach that we have taken through the innovation programme, which I will talk about in a little more detail later. In that programme, we seek to encourage much more work with families through family group conferences, the expansion of the family drug and alcohol court and other innovative programmes, to increase the prospect of children being able to stay with their birth family.
I thank hon. Members for raising the important issue of how we are reforming the care system and improving outcomes for all children. We share a determination to ensure that all children in or on the edge of care get the right support and decisions for them and their families and that, when children need to come into care, they are placed in strong, stable placements as quickly as possible, with the support that they need to thrive. It would be hard to argue against that approach.
I understand the desire for all permanency placements to be captured by the new regional agencies. The new agencies will have to work with other parts of the system to be successful. I assure hon. Members that our intention with this legislation is to bring down barriers to effective working, not to create new ones. However, there are clear reasons why we are proposing the power to direct regionalisation for adoption services specifically and why that is not necessarily the best approach or the priority for other parts of the system when the decision has been made on where the child’s future lies.
It is often noted that the number of children in the care system who go forward for adoption is small—a point that was made by the hon. Member for Sefton Central—relative to the number of looked-after children, which is why regionalisation is particularly appropriate for adoption services. The fact is that the adoption system remains highly fragmented relative to the number of children and adopters involved. As I said earlier, we have about 180 different agencies recruiting and matching adopters for approximately 5,000 adoptions a year, so the agencies are not benefiting from economies of scale; but worse, the localised nature of the system acts as a barrier to effective recruitment, matching and support. That is starkly illustrated by the fact that 3,000 children are still waiting for forever families.
Mrs Lewell-Buck
I welcome the programme that the Minister is discussing, but am I right in thinking that the innovation programmes apply only to certain local authorities, not right across the board? Those authorities who are not taking part will be those who are saying that they are overburdened and unable to meet demand. In my experience, social workers are already incredibly innovative, so they do not need money chucked at them to be that. What they need is freedom from bureaucracy and the scope to do their jobs.
Edward Timpson
The innovation programme was set up specifically to address freedom and flexibility at ground level so that practitioners—whether social workers, health visitors or others who work in children’s services—can do what they came into the profession to do: to work directly with families, helping them to turn their lives around, and to use their professional judgment, which for too long has been shackled by much of the prescription and box-ticking that is expected of them.
We were purposely not prescriptive in the innovation programme, either. We said to local authorities, voluntary organisations and others, “You come forward with your own ideas as to how you think you can better deliver children’s services. Tell us what barriers are preventing you from doing exactly that. They may be regulatory, financial or cultural, but, whatever they are, we want to try to remove them so that you can provide the highest possible standard of children’s services.” The response was overwhelming, with almost 300 replies from every region, right across the country, including the north-east. I am happy to provide the hon. Lady with a list of the projects in her area.
I had the opportunity to go up to the city of Durham, where an excellent programme is working with families in the community to ensure that they do not reach that point of crisis at which interventions may be needed. That illustrates that there is desire and enthusiasm to improve what is available in the care system before intervention in a child’s life and interaction with children’s services.
Such learning will not be owned solely by the local authority or the groups who collaborate to deliver that project. The information can be disseminated through the innovation programme, which is being carefully evaluated. I will give the hon. Lady and other Members another example. In North Yorkshire, there is £2 million for the “no wrong door” approach, which is testing out how specialist foster carers can work alongside two children’s homes to provide better support, which includes mental health services, education and rebuilding links with their families, for up to 700 young people leaving care. That includes testing what is called a staying close approach, which supports care leavers up to the age of 21 in ways that they say they wanted to be supported. That may be through accommodation, a trusted mentor or keeping links with their education provider. Those are all examples of some of the many projects—53 to date—that we have funded to inject greater innovation and creativity into children’s services so that we can tackle some of the entrenched issues. We are determined to build on that record in this Parliament, and transform the quality of child protection services in England to ensure that the quality of support for looked-after children, whatever placement is right for them, continues to improve. The new child protection taskforce is a strong demonstration of that intent.
Of course, no one would disagree with the hon. Member for Sefton Central that the best interests of a child have to be at the heart of every decision made on their behalf. Clearly, adoption is no panacea when deciding what the future holds for a child in care, but it provides a fantastic opportunity for children for whom adoption is right to have the life that they deserve. My hon. Friend the Member for Kingston and Surbiton made an excellent point that the fact that we are trying to fix what Sir Martin Narey called the long-term decline in adoption—commendably, the Labour Government also tried to fix that decline—does not mean that we cannot continue to drive improvement across the system. I welcome any views, experiences or suggestions from hon. Members on how we can do that further.
Special guardianships, which were mentioned by the hon. Member for Cardiff West, are an interesting and important innovation. In the almost 10 years since their inception, there has been exponential growth in special guardianship orders to the point that they are at about the same level as adoption, but we have never seen a proper review to understand their impact. Which children are being put forward for special guardianship? What is their age profile? Who are the special guardians? How are the placements faring in terms of support? What is the breakdown rate? There has been some research, but the time has come for us to understand the role played by special guardianship orders. They are helping to provide more children with permanence.
Taking that cohort together with adoption and long-term fostering, more children are getting the permanent placements that we all want them to have. We have instituted a review, and we have set up an expert working group, of which Andy Elvin, who gave evidence to this Committee, is a member. I will be meeting the group in the coming weeks to establish exactly how we can pool together the collective knowledge out there on special guardianship orders so that we can understand the role they can play in future.
This has been a helpful debate. I reiterate that the focus on adoption is right, but that does not mean that we are not capable of making improvements elsewhere in the care system, as we did during the previous Parliament. That remains our goal, and I hope that the hon. Member for Birmingham, Selly Oak feels reassured enough to withdraw his amendment.
Steve McCabe
I congratulate the Minister on his list of achievements, some of which are very impressive—I am serious when I say that I congratulate him—but obviously we do not think of that as job done; we think of it as job begun. There is a long way to go, and we will continue to hold him to account on the other issues.
I note the Minister’s comments on virtual heads, and he is right that they have been a great innovation. Of course, they are a Labour innovation on which the Government have built. In fact, the adoption agencies have requested that they be extended to adopted children, which the Minister has so far omitted in this legislation. I do not wholly agree with his description that the measure applies only where there has been a decision to adopt. Obviously plans change, and proposed new section 3ZA(3)(d) of the Adoption and Children Act 2002 is still about the process of placing a child. I am not sure whether he is entirely accurate about that. Likewise, he talks about 3,000 children, but we heard evidence that in many of those cases, perhaps as many as half, the plans have changed. I am not totally persuaded.
Edward Timpson
Three orders are made by the court in relation to adoption: the care order, then the placement order and then, eventually, the adoption order. We are talking about the placement order, the point at which the court decides that a child should be placed for adoption. A final order is made by the court on the permanence issue, but I accept that a placement order is not the same as an adoption order and that a matching process still needs to be undertaken after that point.
Steve McCabe
That is fair enough. The Minister gets my point.
This has been a useful debate, and I will conclude by saying that I am pleased to hear what the Minister said about regional permanence hubs. This is a constantly evolving situation, and we are looking for how to get the best out of the resources at our disposal, which is a substantial part of the argument that my hon. Friends and I have made. With that, there is no purpose in pressing the amendment to a vote. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 13 ordered to stand part of the Bill.
Ordered, That further consideration be now adjourned.— (Margot James.)