Wednesday 23rd November 2016
(7 years, 11 months ago)
Lords ChamberChildren and Social Work Act 2017 View all Children and Social Work Act 2017 Debates Read Hansard Text Amendment Paper: HL Bill 69-I Marshalled list for Third Reading (PDF, 80KB) - (22 Nov 2016)
Baroness Benjamin (LD)
My Lords, I rise briefly to support my noble friend’s amendment and congratulate her on all the hard work she has done to ensure that the Minister listens to what she has said. I have visited many schools recently, and I am really surprised at the number of children, especially those in care, who are suffering from depression and anxiety. If we can do anything to make sure that no child slips through the net, it would be perfect, because childhood lasts a lifetime and we must give children the best start in the world—especially children in care, who need us to consider them.
The Parliamentary Under-Secretary of State, Department for Education (Lord Nash) (Con)
My Lords, I am delighted that we have come so far in our scrutiny of this Bill and are now debating the final amendments. I am sure that noble Lords will agree that the collected efforts of this House in bringing together different views and meeting a shared position have paid dividends that we can see in the Bill now before us.
I thank noble Lords for their time, attention and scrutiny, not only during the debates but in the many meetings and exchanges of correspondence between us. I am convinced that the House will be sending a Bill to the other place that will help ensure that all children, whatever their background, get the best start in life. I am grateful for this further opportunity to consider how collectively we can do more to promote the mental health and emotional well-being of looked-after children. As the noble Baroness, Lady Tyler, said, we had a positive discussion when the Minister for Vulnerable Children and I met her on 7 November along with the co-chairs of the expert working group. I am pleased that the co-chairs, Alison O’Sullivan and Professor Peter Fonagy, were able to give a full account of their work.
We have listened very carefully to the arguments put forward by the noble Baroness and other noble Lords, and have reflected on the informative debates in Committee and on Report. The way in which the mental health of looked-after children is assessed, and the timing and scope of those assessments, is one of the key areas within the expert group’s remit. The group is currently collecting evidence about approaches to assessment so that the assessment happens at the right time and with the right people involved. The group intends to consider the pros and cons of specialist assessment and the optimum method of assessment. Its work will specifically reference the Development and Wellbeing Assessment, the Comprehensive Health Assessment Tool, and the use of the Strengths and Difficulties Questionnaire.
Our considered view, as I indicated on Report, is that we should not pre-empt the findings of the expert group. We need to let it develop its recommendations to be confident that we are making changes that will have the effect that I believe that we all, including the Department for Education, the Department of Health and NHS England, as well as noble Lords, want to see, and to which we are all committed. Of course, I completely understand the noble Baroness’s motivation: to ensure that opportunities to make progress are not lost ahead of October 2017, when the expert group is due to report, and I pay tribute to her for that. I am sure that the expert working group will want to engage with her and other noble Lords as it starts to consult expert witnesses.
I reassure the noble Baroness that we are not sitting idly waiting for the expert group to report. We are engaging with the Department of Health on its work with NHS England and Health Education England to identify how new training models for talking therapies might be expanded beyond healthcare services settings to, for example, school counsellors or those working in colleges. We are working with NHS England to roll out a new model of integrated mental health care in secure children’s homes to address needs holistically, co-ordinating the services of several providers. We have been testing the concept of a single point of contact in schools and CAMHS to improve collaborative working across schools and mental health services.
I also reiterate a commitment made on Report, which the Minister for Vulnerable Children has made to the Education Select Committee. The expert group plans to share the evidence base behind the chosen models and the pathway with interested parties, including noble Lords, in the spring. We are committed to acting on the findings of the expert group and will fully consider all the recommendations that it makes, including any recommendations that require legislation.
The amendment seeks to bolster what is already in Section 22 of the Children Act 1989, which places a general duty on local authorities to safeguard and promote the welfare of looked-after children. It is implicit that this means promoting their mental health and emotional well-being. Care planning regulations spell out what that means in more detail: undertaking health assessments that explicitly address mental and emotional health as well as physical health. I am very happy to revisit the relevant guidance and regulations to consider whether the terminology might benefit from being more explicit on the importance of mental health.
We had a helpful and constructive debate in Committee about strengthening the first corporate parenting principle in Clause 1 so that it included an explicit reference to mental and physical health. We have amended the Bill accordingly. In the accompanying statutory guidance we shall emphasise this further. Together with the principle that local authorities must have regard to the need to help looked-after children make the best use of services, it is a powerful lever to bring health to the table.
Alongside the work of the expert group, however, and given the importance of getting this right, I am very pleased to be able to tell the House that we will test new approaches to mental health assessments for looked-after children. We are in the early stages of working out what this should look like and we will want providers themselves, and children and young people, to help us develop and shape the model. We have not settled on the number of pilots, but our initial thinking is that between six and 10 would be sensible. Of course, we would want to ensure that they were representative in terms of factors such as urban and rural, and the characteristics of the looked-after population. What I can tell noble Lords today is that we plan to begin the pilots in April or May next year, and that they will run in parallel to the considerations of the expert working group. We intend to pilot mental health assessments as part of the existing health assessments that children receive when they start to be looked after.
We believe that running pilots in a number of local authority areas, potentially on a regional basis, to look at how mental health can be better assessed as part of the wider health assessment, will be complementary to the work of the expert group. It will also help to inform the implementation of any of its recommendations. These pilots will also guard against treating mental health in isolation from physical health and ensure that we address the needs of the whole child in a holistic manner. While I am not in a position to give chapter and verse on the details of the pilots this afternoon, I want to put on record our intention to develop and pilot a model of a holistic health assessment.
The point made by the noble Lord, Lord Ramsbotham, about a postcode lottery and how we would quality-assure the delivery of these pilots is something that we will consider. It is an important point and we will ask the expert group to look at it. We will ensure that the pilots look at quality-assurance models to see how any assessment should be assured. The independent reviewing officers will also have a role in ensuring that plans deliver what children need.
I will say a personal thank you to the noble Baroness, Lady Tyler, for her continued passion and commitment on this issue. I hope that the commitments that I have made today will provide sufficient reassurance for her to be able to withdraw her amendment.
“( ) relationships;”
Lord Nash
My Lords, as noble Lords will be aware, Clause 2 requires local authorities to consult on and publish a local offer for care leavers. The local offer will set out the services provided by a local authority to assist its care leavers as they move into adulthood and independent living. It should include services relating to health and well-being, education and training, employment, accommodation, and participation in society. On Report, noble Lords expressed concern that services relating to relationships were not included in this list. I recognise this concern and agree that strong and supportive relationships are critical to supporting care leavers to lead successful independent lives. I committed to consider in detail whether an amendment to the Bill would be the best way of securing the necessary progress in this area and, on reflection, we believe that it would. I have therefore tabled this amendment to add services relating to relationships to Clause 2. If local authorities believe that particular services may assist care leavers in or in preparing for adulthood and independent living, they will now have to publish information about these services as part of their local offer, alongside information about services relating to the other five areas stipulated in the clause.
The remainder of the amendments in this group should not, I hope, detain the House for too long. They are a set of technical and consequential amendments relating to Part 1 of the Bill. Amendment 7 allows regulations relating to local reviews of serious cases of harm and abuse that would otherwise be made under the negative scrutiny procedure to be made under the affirmative procedure. This will allow the Government to bring forward regulations relating to both local and national reviews for the House’s scrutiny in a single instrument, ensuring greater coherence and making best use of the House’s time. The other amendments create a new schedule to the Bill, which comprises changes necessary to existing legislation as a consequence of the substantive changes we have debated on the Bill.
Lord Farmer (Con)
My Lords, I thank my noble friend the Minister for bringing forward this welcome amendment—Amendment 2. It follows an amendment I tabled in Committee and on Report, to which the noble Baroness, Lady Tyler, my noble and learned friend Lord Mackay of Clashfern and my noble friend Lady Hodgson put their names. I am grateful to them for their enthusiastic support and for speaking so eloquently in the various debates. I tabled that amendment because it would remedy a serious omission in the list of the areas of support that local authorities are required to include in their local offer.
Recently, North Tyneside Council rallied staff across the authority to improve the employment outcomes of care leavers. Experience taught the council that it would need to be very intentional about ensuring that young people have at least one strong relationship with someone who genuinely and obviously thinks they matter. The council also knew that it would have to help them be part of a supportive network. This emphasis had to be explicitly stated if it was to become embedded in everyone’s practice.
There is a dynamic to this: it is not simply a case of providing young people with an adult who will keep in touch with them and to whom they can turn. Young people need to know how to maintain and grow relationships and how to work through conflict and avoid destructive feuds. Disruptions in attachment processes often lead to an understandable but ultimately vicious circle of an “I’ll reject them before they reject me” pattern of behaviour. Many long for independence far earlier than they can handle it because they do not want to be let down again. Furthermore, our individualistic culture seems to endorse the natural inclination to go it alone and avoid hurt. Not having relationships to draw on can also result in these young people being unbearably lonely, which can have severely negative effects on their health and well-being. It can undermine their education, their ability to maintain a tenancy or other accommodation and manage work, and their financial security. If they do not understand bills, they can easily get into arrears and debt, which can be quite terrifying. Such life skills often develop through a process of guided mastery—encouragement and guidance from someone who is genuinely concerned about them.
In summary, healthy and supportive relationships are fundamental to the other five areas included in the local offer. The Government’s amendment has the potential to tackle the haphazardness of current arrangements which mean that it is not automatic, and is probably highly unlikely, that young people will receive help and advice in the area of relationships.
Given the careful attention that the Minister and his team paid to this matter, I hope that this amendment is a portent of a more relational approach in many other areas of policy. Given the enthusiastic support from across the House that this amendment has received, I am sure that many other noble Lords would agree.
Lord Watson of Invergowrie
My Lords, I too welcome the amendment. The local offer for care leavers and the corporate parenting principles are two of the most valuable aspects of the Bill to emerge. Of course, they were originally in the Bill and we have sought to improve them. The inclusion of the term “relationships” is certainly one of those improvements. I will add just one thing to what the noble Lord, Lord Farmer, said. The question of relationships is not just about having someone to whom the child or young person can relate but about having the ability and the knowledge to build relationships in his or her adult life so that, we hope, that can confirm stable relationships for them and their own children. I support Amendment 2 and the somewhat impenetrable Amendment 12, which is consequential, and the other consequential amendments which the Minister has put forward in his name.
Lord Nash
My Lords, I am grateful to my noble friend Lord Farmer for driving this point so forcefully and to the noble Earl, Lord Listowel, the noble Baroness, Lady Tyler, and the noble Lord, Lord Watson, for their positive contributions to today’s debate. I also thank my noble and learned friend Lord Mackay of Clashfern and the noble Lord, Lord Warner, for speaking on this important issue on Report. I am pleased to have been able to respond positively to them and I hope noble Lords will welcome and accept the amendment.
“Chapter 1: consequential amendments
Schedule (Part 1 of this Act: consequential amendments) contains amendments consequential on this Chapter.”
“Regulations under provisions inserted by sections 12, 15 and 16
In section 66(3) of the Children Act 2004 (regulations subject to affirmative procedure), after “12B(1)(b)” insert “, 16B (whether alone or with regulations under section 16F), 16E(3)”.”
“Chapter 2: consequential amendments
Schedule (Part 1 of this Act: consequential amendments) contains amendments consequential on this Chapter.”
Lord Nash
My Lords, I am grateful to the noble and learned Lord, Lord Woolf, the noble Baronesses, Lady Walmsley and Lady Hamwee, and the noble Lord, Lord Ramsbotham, for this amendment and for raising this important matter of the United Nations Convention on the Rights of the Child. I am also grateful for the contributions to today’s debate from the noble Baronesses, Lady Lister and Lady Wheeler, the noble and learned Baroness, Lady Butler-Sloss, the noble Earls, Lord Sandwich and Lord Listowel, and the noble Lords, Lord Warner and Lord Judd. We had a helpful discussion of the issue on Report, and today’s discussion has been helpful as well. There is a lot of common ground between us though perhaps we take different approaches over what needs to happen next and what could have the most impact in changing culture and behaviour and improving the way we consider children’s rights in policy-making.
Let me start by again emphasising the Government’s commitment to children’s rights. No one questions the importance of the UNCRC and we are fully committed to giving due consideration to the articles when making new policies and legislation. We are equally determined to safeguard and promote the welfare of all children. Nothing could be more important.
As noble Lords are aware, this commitment is already enshrined in existing legislation and statutory duties. The Children Act 1989 and the Children Act 2004 set out a range of duties to safeguard and promote the welfare of children. Specifically, Section 11 of the Children Act 2004 places duties on a range of organisations including local authorities, the police, health services and a variety of other agencies to ensure their functions and any services that they contract out to others are discharged having regard to the need to safeguard and promote the welfare of children. In 2013, we issued statutory guidance to directors of children’s services which requires them to have regard to the general principles of the UNCRC and ensure that children and young people are involved in the development and delivery of local services.
In addition to legislation, a range of monitoring practices is also in place. Through the single inspection framework, Ofsted assesses the experiences of children and young people, tests the thresholds for providing help, care and protection, and evaluates the quality of this support. This reporting process is independent. Forcing local leaders to produce similar five-yearly reports is unlikely to offer the same level of scrutiny. Of course, we should not forget the role of the Children’s Commissioner. The Children and Families Act 2014 gave the Children’s Commissioner the explicit function of promoting and protecting the rights of children, having particular regard to the UNCRC and making sure their best interests are brought to the attention of decision-makers, both locally and nationally.
However, we would fully accept that there is more to do to embed the UNCRC in policy and practice. Across the UK, there are differing approaches to securing ministerial commitment to the UNCRC. Scotland and Wales have both gone down the route of putting a duty on their Ministers in regard to children’s rights and the UNCRC. In Westminster, our prime objective is to bring about sustained change to the culture that does more than force officials and practitioners to take greater account of the UNCRC—the noble Lord, Lord Judd, referred to this. We want policymakers and others to see the value of the UNCRC in their everyday work. Only last month, Minister Timpson spoke at a parliamentary event and—as the noble and learned Lord, Lord Woolf, mentioned—laid a Written Ministerial Statement reinforcing the message that, to achieve implementation of the UNCRC, every department across Westminster must be proactive in considering children’s rights in policy-making. As the noble and learned Lord also mentioned, the DfE Permanent Secretary, Jonathan Slater, wrote to his counterparts across government, challenging them to keep the convention at the heart of their policy-making and implementation, and to engage children and young people in the process.
We are determined to follow this through with a number of measures designed to embed children’s rights across Whitehall and beyond. These include introducing a programme to raise awareness of UNCRC among civil servants, with an understanding of what it means to have regard to the articles when carrying out public duties in relation to children. The programme will include a new core learning and development offer through Civil Service Learning, and an offer through the policy profession led by the director-general for children’s services and the chief social worker. This work will begin in January 2017 with the learning and development offer in place within six months. This goes further than we have gone previously in making training an integral part of Civil Service development. I am sorry that the noble Baroness, Lady Walmsley, believed that we had promised to start this earlier. I understand that we committed to look at all the options, including the models adopted by the devolved Administrations. We have had information from Scotland and Wales and are considering it. I hope the noble Baroness is reassured by my statement that we will start this programme in January.
We also have a commitment to work with the Joint Committee on Human Rights in its plans to develop a template for child rights impact assessments and on any associated guidance and good practice. We will host a round table in January next year with a range of stakeholders, including UNICEF and the Children’s Rights Alliance for England, to explore how we can develop a framework for this work. We will make sure there is input from those with experience and expertise who can support us to change behaviour and culture and promote children’s rights in policy-making at both local and national level. We will work with UNICEF and others to spread best practice from local authorities which have a good track record in promoting children’s rights and articulate the principles and values associated with that practice. At the next review of the statutory guidance Working Together to Safeguard Children, we will consider how the underpinning principles can be strengthened to reflect children’s rights, and we will, of course, continue to discuss and review progress with relevant non-governmental organisations.
The noble Baroness, Lady Lister, asked about evidence. As part of our consideration of implementation of the duties in Wales and Scotland, we will be considering the impact on children of policy-making. We know that UNICEF and others have some rich evidence, and we have asked them to provide it to us for further consideration. The noble Lord, Lord Warner, asked about impact assessments. There is already a strong recommendation within the Cabinet Office guidance to carry out impact assessments for new legislation.
I hope this reassures noble Lords of our wholehearted commitment to children’s rights. We will continue to observe and assess the results of the various approaches to implementing the UNCRC and will be very pleased to involve noble Lords who wish to be involved in that ongoing work. I appreciate the arguments that noble Lords have used to support the amendment, but I hope that our firm commitment to the UNCRC and our plans further to promote and embed it will convince the noble and learned Lord that his amendment is unnecessary.
Lord Woolf
I thank the Minister for that response and I thank all noble Lords who have contributed to this debate. I particularly thank the noble Baroness, Lady Walmsley, whose support I found essential during earlier events, especially when visiting Ministers about this matter. I pay particular attention to what the Minister said. As he spoke, I was very much reminded of what the noble Lord, Lord Judd, said about the importance of the convention underpinning what the Government are doing, which we applaud. Does the Minister still not think that instead of underpinning the convention he might be undermining it unintentionally? I hope he will take that thought away and that by the time the matter arrives in the other place the Government will have had a rethink on this matter. I beg leave to withdraw the amendment.
“Review by independent person
(1) The Secretary of State must commission an independent person to—(a) review the operation of this Part during the review period, and(b) send a report to the Secretary of State on the findings of the review.(2) In carrying out the review the independent person must consult representatives of social workers in England and anyone else that the person considers appropriate.(3) On receiving the report the Secretary of State must lay it before Parliament.(4) The Secretary of State must also lay before Parliament a response to the report.(5) The review period is 5 years beginning with the day on which section 33(1) comes fully into force.”
Lord Nash
My Lords, during our debate on Report, I signalled my commitment to table an amendment that ensures that an independent review of the provisions in Part 2 takes place. Amendment 11 meets that commitment. On Report, noble Lords spoke of the need to ensure that these provisions remain fit for purpose. I agree—in fact I believe I astonished the noble Lord, Lord Warner, with that agreement—that it is crucial that these provisions bring about the reforms that are needed and that they remain fit for purpose.
This amendment ensures that an independent review is undertaken within five years from the point that Social Work England becomes fully operational. The review will be able to cover all aspects of Part 2 of the Bill. Those undertaking the review must consult with representatives of the social work profession and anyone else that they consider appropriate. Following the review and discussions with Members in the other place and noble Lords, the Secretary of State for Education and the Secretary of State for Health will be required to publish a response to the review.
As noble Lords are aware, to ensure the effective operation of Social Work England and that robust independent oversight measures are in place, the Professional Standards Authority will undertake independent reviews on how Social Work England discharges its functions. This new amendment further strengthens the independent scrutiny of Social Work England.
Lord Hunt of Kings Heath (Lab)
My Lords, I do not think I will follow that comment.
If the noble Lord, Lord Warner, was astonished, I was certainly very pleased with the way in which the Minister acknowledged on Report that this is an important issue. I welcome the amendment. I take the opportunity of thanking the Minister, the honourable Edward Timpson in the other place and officials in both the Minister’s department and the Department of Health for the tremendous amount of work they have done in response to the issues raised. We are very satisfied with the outcome.
Lord Nash
My Lords, we are all aware that social workers play a critical role in our society. It is in order to protect the public that we need a strong bespoke regulator committed to the social work profession. With noble Lords’ assistance and engagement, I am confident that we have arrived at a strengthened position and an improved model for the new regulator.
I believe the provisions in Part 2 of the Bill will lead to the establishment of an effective and successful bespoke regulator for social workers, with appropriate independence from government and clear oversight from the Professional Standards Authority. It is right, though, that these provisions be reviewed, and this amendment will ensure that that happens. I therefore hope noble Lords are able to accept this amendment. I am pleased that we are able to finish on such a positive note.
Before I sit down, I take this opportunity to say a few words of thanks to the House. Your Lordships’ House has been unwavering in the rigour and attention to detail that it has brought to bear as we have debated the Bill. I know that on occasion there has not been as much time as noble Lords would have liked to consider the provisions of the Bill before they have been debated, and I know that I have made further demands on noble Lords’ time through meetings, briefings, letters and policy statements. I can only apologise and say how grateful I am for the efforts that have been taken to bring the House’s expertise fully to bear on these matters.
I also thank my ministerial colleagues, particularly of course the Secretary of State and the Minister for Vulnerable Children and Families, who will now be taking the Bill on its next steps. I join noble Lords today in thanking officials, and I shall certainly take back their kind words to everyone involved in the department. In closing, I note the co-operative approach that has been taken on all sides and thank the House again for its constant efforts to find common ground in the best interests of all our country’s children.
Lord Watson of Invergowrie
My Lords, before the Minister sits down, I, too, should like to say a few words about the Bill, as it proceeds to another place. First, I record the thanks of these Benches for the advice and support supplied by the clerks and the Public Bill Office. It is not often that a Lords starter Bill moves down the Corridor containing such a plethora of changes from the form in which it was introduced to your Lordships’ House six months ago. To some extent, that is a reflection of the form in which it was received—which, noble Lords may recall, prompted Labour to take the unusual step of submitting an amendment on Second Reading regretting that Part 2 was bereft of detail, a fact drawing criticism from both the Constitution Committee and the Delegated Powers Committee.
“SCHEDULEPART 1 OF THIS ACT: CONSEQUENTIAL AMENDMENTSPART 1AMENDMENTS RELATING TO CHAPTER 1Local offer for care leavers
1 In Schedule 1 to the Local Authority Social Services Act 1970 (social services functions of local authorities), in the table, at the appropriate place insert—
“Children and Social Work Act 2016 | |
Section 2 | Local offer for care leavers.” |
5 In paragraph 1(1)(g) of Schedule 3 to the Nationality, Immigration and Asylum Act 2002 (kinds of support for which certain people are ineligible), after “23C,” insert “23CZB,”.6 In section 83A(5)(a) of the Apprenticeships, Skills, Children and Learning Act 2009 (apprenticeship offer: application to persons provided with support under Children Act 1989)—(a) for “21” substitute “25”;(b) after “23C” insert “or 23CZB”.PART 2AMENDMENTS RELATING TO ABOLITION OF LOCAL SAFEGUARDING CHILDREN BOARDS7 In Schedule 1 to the Local Authority Social Services Act 1970 (social services functions of local authorities), in the entry relating to the Children Act 2004—(a) for “13 to 16” substitute “16A to 16Q”;(b) omit “targets for”;(c) omit “, and to Local Safeguarding Children Boards”.8 (1) Section 83 of the Children Act 1989 (research and returns of information) is amended as follows.(2) In subsection (1), in paragraph (aa), for “of Local Safeguarding Children Boards;” substitute “of—(i) the Child Safeguarding Practice Review Panel;(ii) safeguarding partners (within the meaning given by section 16E(3) of the Children Act 2004) in relation to local authority areas in England;(iii) child death review partners (within the meaning given by section 16Q(2) of the Children Act 2004) in relation to local authority areas in England;”.(3) In subsection (2) omit paragraph (aa).(4) In subsection (3) omit paragraph (c) (and the “and” before it).9 (1) Section 31 of the Children and Young Persons Act 2008 (supply of information concerning deaths of children) is amended as follows.(2) In subsections (2) and (4), for “appropriate Board” substitute “appropriate authority”.(3) In subsection (5), for “Subsection (6) applies” substitute “Subsections (5A) and (6) apply”.(4) After subsection (5) insert—“(5A) Where the registrar’s sub-district is in England, the registrar must, before the end of the required period, secure that the appropriate authority is notified—(a) of the issuing of the certificate; and(b) of the registrar’s belief and the grounds for it.”(5) In subsection (6)—(a) at the beginning insert “Where the registrar’s sub-district is in Wales,”;(b) omit “Local Safeguarding Children Board in England or”.(6) In subsection (7)(c), for “subsection” substitute “subsections (5A) and”.(7) After subsection (8) insert—“(8A) The child death review partners for each local authority area in England must—(a) make arrangements for the receipt by them of notifications under this section; and(b) publish those arrangements.”(8) In subsection (9) omit “Each Local Safeguarding Children Board in England and”. (9) Subsection (10) is amended as follows.(10) In the definition of “the appropriate Board”—(a) for “Board” substitute “authority”;(b) in paragraph (a), for “the Local Safeguarding Children Board in England in whose area” substitute “in relation to a register kept for a sub-district in England, the child death review partners for the local authority area within which”;(c) in paragraph (b), at the beginning insert “in relation to a register kept for a sub-district in Wales,”.(11) At the appropriate place insert—““child death review partners” has the meaning given by section 16Q(2) of the Children Act 2004;”.(12) Omit the definition of “Local Safeguarding Children Board in England”.”