Children and Social Work Bill [ Lords ] (Sixth sitting)
(Limited Text - Ministerial Extracts only)
Read Full debateTuesday 10th January 2017
(7 years, 11 months ago)
Public Bill CommitteesChildren and Social Work Act 2017 View all Children and Social Work Act 2017 Debates Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 10 January 2017 - (10 Jan 2017)
The Committee divided: - Ayes: 10 / Noes: 5 - Question accordingly agreed to.
The Committee divided: - Ayes: 10 / Noes: 5 - Question accordingly agreed to.
The Committee divided: - Ayes: 10 / Noes: 5 - Question accordingly agreed to.
The Committee divided: - Ayes: 5 / Noes: 10 - Question accordingly negatived.
The Chair
I remind the Committee that with this we are discussing the following: Government new clause 3 —Duration.
Government new clause 4—Parliamentary procedure.
Government new clause 5—Consultation by local authority.
Government new clause 6—Consultation by Secretary of State.
Government new clause 7—Guidance.
Government new clause 8—Annual report.
Government new clause 9—Interpretation.
The Minister for Vulnerable Children and Families (Edward Timpson)
It is a pleasure to have you in the Chair this afternoon, Mr Wilson. I am sure that Committee members have been spending their lunchtimes thinking carefully about what we spoke about this morning, and wondering what more I would say this afternoon. To ensure that we make good progress, I will address the specific points made before our break.
If I understood the hon. Member for South Shields correctly, she was questioning, as part of her response, whether the principles set out in the new clause were binding. I reassure her that any use of the power may be only for the purposes set out in the new clause, and for no other reason. That will also be clear in the statutory guidance. She also raised the issue of the Human Rights Act 1998; as with all legislation, new regulations would need to be compatible with the Act. The House also scrutinises all legislation.
Other hon. Members asked about situations in which a pilot was successful—as they will be in every case, we hope—or not successful. I will take a few moments to explain those two situations. All successful pilots will be evaluated so that we understand the impact and whether there is a case for permanent changes to the legislative framework. Such evaluation will be ongoing through the process, with a full review after three years.
If seeking to extend an exemption for a further three-year term, the Government would be required to report to Parliament. That would happen where the pilot has clearly demonstrated benefits, but the Government need additional time to decide whether it would work across the country. If, following a successful pilot, the Government decide that they would like to make the change for all local authorities, all the usual process would apply, including consultation and full parliamentary scrutiny. The pilot, however, is only the first step towards helping us build the evidence base on which we may want to make further changes in future.
Kate Green (Stretford and Urmston) (Lab)
Will the Minister clarify whether the evaluation would be independent? A concern expressed this morning by my hon. Friend the Member for Birmingham, Selly Oak was that local authorities might be evaluating their own pilots—marking their own homework.
Edward Timpson
Part of the evaluation is through the expert panel, which is involved in ensuring some independent oversight of the pilot, but it would need to be evaluated locally, as well as nationally. In addition to local government, the Department will keep a close eye on the development of the pilot; I will say a little more about that later.
If a pilot is not successful, it will be monitored locally, as well as nationally by the Department, to ensure that there are no adverse impacts on children. For example, we can track the relevant performance metrics, and random case audits are a helpful tool as well. As I mentioned in answer to the question from the hon. Member for Stretford and Urmston, the expert panel will scrutinise the proposed monitoring arrangements locally and by the Department to ensure that they are robust in what they are evaluating. If the Department gains intelligence through those processes that a pilot is not working in the best interests of children, that would be investigated and acted on immediately.
All regulations can be revoked through the negative procedure at any point. To answer a question posed earlier about whether a pilot can be terminated within the three-year period, I should say that it can be revoked at any point, should that be deemed necessary. That is clear in regulation. We will also want assurance in the application from a local authority that it will end a pilot immediately if there is evidence of an adverse impact on children.
Mrs Emma Lewell-Buck (South Shields) (Lab)
I am not sure whether the Minister will include this in his comments, but is not putting in the provision that a pilot can be revoked at any point if it is causing harm to children a backward way of doing things? Will he not accept the comments made by me and my hon. Friends that there should be robust consultation? The Bill should be built on the evidence now—not after the fact, to remedy mistakes once they have been made.
Edward Timpson
I understand what the hon. Lady says and take it in good spirit, but it misses the point of what these clauses are about: building an evidence base. We cannot future-proof all of children’s social care on the basis that we are already seeing failure—I will come to the geographical spread of success and failure across the country—irrespective of the fact that we have a very rigid and complex legislative framework within which all these local authorities have to work. In itself, that framework is providing the inconsistencies that it is meant to prevent. What we are trying to do in the Bill, in a careful and controlled way, is enable different ways of working that are not about what local authorities have to do but about how they do it. That is the purpose of the new clauses.
Hon. Members also asked what would happen if there was a situation where more than one local authority was in a pilot. New clause 9 makes provision for combined authorities to apply for use of the power set out in it. The hon. Member for Stretford and Urmston asked in particular about the Greater Manchester combined authority, which I think involves 10 local authorities that are currently working on their own devolution settlement. Of course, that may involve children’s services, because I understand that such services are part of their agenda. Where there is a combined authority, we will want to see any application made under these provisions, just as we would for any individual local authority.
Similarly, if a local authority was running a pilot and subsequently became a combined authority, it would need to reapply for any change or extension of the pilot. We will make sure that that is set out in statutory guidance, because that would clearly be a change in circumstances in respect of what would have been approved originally by Parliament. As a consequence, the authority would need to seek further approval.
The hon. Member for South Shields also returned to the issue of profit making. As I have said before and will say again now, the power to innovate has absolutely nothing to do with profit making in children’s social care. The clauses make it clear that it cannot be used to revisit the established position on profit, and we have also been clear that pilots are granted on the basis of achieving better outcomes for children and not on efficiencies. I do not see any evidence that this process could be linked to profit making and we will make it clear in statutory guidance that the local authority will be expected to use the financial impact assessment as part of its application, detailing the expected costs and benefits of a pilot. That information will also be available to the expert panel when it scrutinises applications.
Steve McCabe (Birmingham, Selly Oak) (Lab)
I have a point that I want to clarify quickly. The Minister said that new clause 9 refers to the situation of a combined authority, as established under section 103 of the Local Democracy, Economic Development and Construction Act 2009. Would it be possible for local authorities that do not fall within that state of affairs to come together? We have examples in London of local authorities that are already working jointly. Is there provision in what he is proposing for that kind of combination to exist? Also, regarding a specific combined authority, would it be possible for a Mayor to override his view about what provisions should apply?
Edward Timpson
The answer to the hon. Gentleman’s first point is yes, but of course the authority still has to comply with all the elements put in the applications and the process that follows in respect of the scrutiny of the application, and whether it is approved. There need to be very clear lines of responsibility and accountability within that, because ultimately it is the local authority that is responsible for providing those services; it holds that function.
As for the hon. Gentleman’s question about the Mayor, it is not one that I have been asked directly before; I know that it is becoming more relevant in some parts of the country. My initial view—I will clarify it later; if he does not mind, I will take some time to do that—would be that this is something approved by Parliament, which cannot be superseded by a Mayor or their powers. However, I will certainly seek to ensure that the hon. Gentleman gets chapter and verse on that point.
I also wish to consider the issue around consultation, which hon. Members have raised. The Department has had a period of very open consultation about the power and it has spoken with a wide range of organisations, including representative bodies of social work, local government, the voluntary sector, children’s organisations and others. Those meetings have been instrumental—indeed, critical—in forming our thinking on the new clauses, but we will of course continue to consult as we develop the detail of the process. We have committed to consult publicly on the statutory guidance to accompany the clauses and, as I have said before, there will also be consultation on each individual use of the power.
Mrs Lewell-Buck
Does the Minister not accept the information I shared with the Committee earlier: that there are far more organisations, practitioners and experts who are against the new clauses than are for them? More than 100,000 people have signed a petition against the measures. If the Minister really wanted to listen to the sector and the public, would he not be going back and deeply re-thinking the new clauses? Even the NSPCC has said:
“Despite numerous conversations with ministers and officials, the evidence for the need for this power remains unconvincing and does not justify the potential risks of suspending primary legislation.”
More than 50 organisations in this country who are experts in the field share that view. Why is the Minister not listening to them?
Edward Timpson
Of course I respect all the views expressed about the Government’s view on any policy. I am not somebody who will not listen; in fact, I dare suggest that I have a good track record of listening to those who have views on matters that fall within my portfolio. The truth is that no legislation under her party’s Government or this one has ever passed where people have expressed only one side of the argument. Can the hon. Lady tell me any different?
It is my job to listen to both sides of the argument but to come to a considered and informed view as a decision-maker in a position of responsibility to make legislation. I have already alluded to the many representations I have had that I cannot ignore, from the likes of the Local Government Association and the Children and Family Court Advisory and Support Service. I also mention the support from the Children’s Commissioner for the new clause, which I did not mention before. There is a balance to be struck. I accept that this is not an uncontroversial piece of legislation. It has provoked strong views, but is one on which, on balance, I think we have come to the right conclusion.
Simon Hoare (North Dorset) (Con)
Unless I am misreading new clause 2 and onwards, it would provide a power to enable local authorities to explore an innovative way of working: there is no compulsion. If they decide not to do that—if they do not want to do innovative, blue-sky work or whatever we wish to call it—there is no obligation for them so to do. It is an enabling power; it is not an enforcing power.
Edward Timpson
My hon. Friend is right: the whole purpose is to ensure that this is a grassroots movement from a local level. There is no direction from Government about how local authorities decide they would like to provide the services they are responsible for. If no local authority applies, that is the end of the matter. The reason we are debating the clause is that local authorities have come forward and said that they want to be able to do that. It is important that we listen to those who are on the frontline, charged with making decisions and bringing policy into action, when they come to Government with a very clear view about what they think needs to be done.
Mrs Lewell-Buck
I take the Minister’s point about consultation; there are always two sides to the argument, but the balance is heavily weighted against him on this measure. Other colleagues may correct me if I am wrong, but I have always held the belief that there is a history in this House of making child protection legislation—legislation that protects our most vulnerable children—on more of a cross-party consensus, as was the case with Children Act 1989, which is the flank of legislation used by all practitioners and all agencies when discharging functions in relation to protecting children.
The Minister said that local authorities are coming forward. I do not want to embarrass anyone, but when I asked one local authority that he had cited before as coming forward what power it wanted to be exempt from, it could not say. Is it not the case that there is just not enough support out there for these measures at all? The new clauses should be scrapped.
Edward Timpson
No. I fundamentally disagree with the hon. Lady. To answer the earlier question from the hon. Member for Birmingham, Selly Oak, the likes of Leeds City Council—one of our flagship children’s services councils—North Yorkshire, Lincolnshire County Council and the tri-borough, are all local authorities that have a strong track record in delivering high quality children’s social care. They understand the huge benefit that innovation in their services can make and has brought and they are at the front of the queue among those who want to trial many of these new ways of working. The tri-borough has said that it is
“excited about the ‘power to innovate’ clauses within the Children and Social Work bill. We believe this builds on the Munro Review of Child Protection in helping us to reduce unnecessary bureaucracy and to enable social workers on the front line to spend more time working with families and less time sitting in front of their computers and filling in forms.”
North Yorkshire says that it
“welcomes the opportunity…On behalf of the wider LA sector we are keen to safely explore whether there are freedoms from current national requirements which could be used to enhance local practice.”
I am not prepared to ignore the views of those who I know are at the front of children’s social work, delivering excellent services, who are still looking to improve and can help others to do likewise.
Steve McCabe
The Minister is being generous. I am also grateful for the information he has provided about the authorities looking for the opportunity to innovate. Can he tell us what kind of exemptions they are seeking? What are the powers that they feel are currently restricting their innovating practice and which they are seeking to be freed from?
Edward Timpson
I am sure that the hon. Gentleman took the time to read the letter that I sent round to all Committee members, which set out a number of examples of how local authorities think the power can be used. There is no presumption that those would be granted, of course: any application would need to go through robust scrutiny before it was agreed, as I have set out.
Edward Timpson
I am just answering the question from the hon. Gentleman, if the hon. Lady could be patient for a few moments. If the hon. Gentleman rereads the letter, he will remember that it talks about testing changes to the planning processes, trialling new approaches to the independent reviewing officer, more agile approaches to adoption and fostering assessments, and looking at different approaches to assessing friends and family carers.
Of course, the whole point of the new clauses is that it is not me telling local authorities, “This is what you must do”; it is for them, over time, to come up with their own ideas about how they think they can improve their services. It is not what they have to do, but how they do it. If that is a concept that some struggle with—not necessarily the hon. Gentleman, but perhaps some in his party—I am afraid we are never going to have a meeting of minds; we are not going to find the consensus that, I agree, we are able to reach in the majority of cases on child protection.
There is a fundamental disagreement about what we are trying to achieve and the way we go about it. I am absolutely sure that the approach we are taking will do what local authorities want and what Eileen Munro set out in her report almost six years ago.
Mrs Lewell-Buck
The Minister is being extremely generous. I read his letter in depth and the fact sheet that went with it. As I said in my opening comments, there are four examples that would get rid of vast swathes of legislation that protects children. Evidence from CoramBAAF to this Committee debunks every one of those four examples and highlights the extremely dangerous pitfalls there would be if that were to take place.
The Minister keeps quoting Eileen Munro, as if in her review in 2011 she recommended dispensing with primary legislation. She never did. That is what the Minister is trying to do, but Eileen Munro never recommended that.
Edward Timpson
I am sorry that the hon. Lady takes that view, because I was under the impression that the review into child protection carried out by Professor Eileen Munro in 2011 was widely welcomed and respected across the political spectrum. That is exactly what is reflected in the many Hansard reports I have read from across the House, in which hon. Members all lauded a report that finally got down to the nuts and bolts of why we need to have a system that, as the tri-borough rightly expressed in relation to this clause, gets social workers out working directly with families and away from being in front of a computer at their desks.
The reason why I keep quoting Eileen Munro is that she was the person charged by Government to provide an independent review, which has been considered, scrutinised and generally approved by this House as the way to go. I am often held to account for how many of Eileen Munro’s recommendations we have implemented, so I place credence in what she has to say about what we are trying to do, because she has already considered it and come up with a solution for Government, in her independent capacity. She says:
“I welcome the introduction of the power to innovate set out in the Children and Social Work Bill. This is a critical part of the journey set out in my Independent Review of Child Protection towards a child welfare system that reflects the complexity and diversity of children’s needs.”
I cannot ignore that, because it demonstrates that her report is still relevant in many ways. I would like to know whether the hon. Member for South Shields agrees with the Munro report. If she does, but disagrees with what Eileen Munro is saying now, what has changed? What is different? I cannot see where the logic would take us.
That is why it is important to allow local authorities such as Hampshire, North Yorkshire, the tri-borough and others—such as Richmond and Kingston with their “Achieving for Children” in Richmond—to try out new ways of working. They might not know, at the moment, exactly what those will be, but they need the opportunity to try them in a controlled, safe way. The Bill provides that without removing swathes of legislation. It enables them to trial or pilot a new way of working, exactly as was done with social work practices under the last Labour Government. Then a decision can be made about whether to go forward with it.
Mrs Lewell-Buck
The Minister seems to be painting the picture that I disagreed with Eileen Munro’s recommendations. I certainly did not. In fact, I strongly supported recommendation 10 that councils should have a legal duty to provide enough early intervention services, which this Government rejected. He listened to my opening comments. He knows why I disagree with the new clauses, and he knows why thousands of people outside this House do as well.
Edward Timpson
I am not sure what question the hon. Lady wants me to answer on the back of that, but I can reassure her that Eileen Munro said in her conclusion:
“A move from a compliance to a learning culture will require those working in child protection to be given more scope to exercise professional judgment in deciding how best to help children and their families.”
I still do not understand what there is in our clauses, according to the hon. Lady, that contradicts that approach.
There are a number of other issues that I want to cover before I conclude, because it is important that every question asked by an hon. Member receives a response. One question was about which of the measures would be within the scope in the Bill. IROs in particular have been mentioned as an example; it is only an example. There has been some debate about the possibility of relaxing IRO support. The local authorities interested in that approach are talking not about getting rid of the role in its entirety but about using it more flexibly; it is an important distinction to make.
The hon. Member for Birmingham, Selly Oak asked where improving outcomes is now in relation to the Bill. We have expanded the requirements that we set out in relation to new clause 2, replacing them with a more detailed set of requirements to ensure that the outcomes that we are seeking for the relevant children, whom I listed earlier, are much more clearly defined. We have also extended the consultation requirements on local authorities to go beyond safeguarding partners to include other relevant persons, particularly in relation to children and young people. The hon. Member for Stretford and Urmston mentioned schools, which are important and which we must ensure are part of the consultation where relevant.
Depending on the impact that the use of a power will have, it might be appropriate for local authorities to consult publicly, as they would in other circumstances. If the Secretary of State were dissatisfied with the extent of consultation, she could ask local authorities to widen it before agreeing to grant an application.
I risk of falling out a little further with the hon. Member for South Shields. She unhelpfully raised the link between funding and local Government support for these new clauses. I can categorically say there is no link between them and funding received by any local authority. The chief social worker was simply urging the profession to take this opportunity. I am sorry that the hon. Lady chose to try and suggest, or at least insinuate, otherwise and I hope she will disassociate herself from those comments.
In closing, I want to reiterate two points that must not be overlooked. First, this power is about grass-roots innovation. It is all about believing in and trusting professionals to test new approaches, and it is hard. The purpose of the power is to improve the services we deliver for children. If we look at who is calling for this power, it is not private companies or failing children’s services seeking to cut costs, but some of our country’s most inspirational leaders and innovative charities. To characterise this as something that is intended to take away support from children or even enable privatisation is to misrepresent our ambition and undermine the integrity and professionalism of staff who work with children on the frontline.
The new clauses being debated by the Committee today are significantly different from those debated in the other place, and I hope the Committee recognises that the Government have listened and taken substantial steps to put safeguards in place around the power. I remain ready at any time to discuss these new clauses further, but in the end, they are a genuine attempt to help local authorities test different approaches and better ways of working in the interests of children. I urge the Committee to support them.
Mrs Lewell-Buck
I want to make some brief concluding comments.
If Government Members want to vote for this, they should be able to articulate with total conviction and clarity which primary legislation—out of the lists provided by concerned organisations and individuals under threat— they are and are not comfortable with a local authority, even their own, opting out of. They must be able to articulate why they are happy to give local authorities the opportunity of opting out of supporting disabled children in their area or visiting vulnerable children in their area and why they are satisfied to do so against a groundswell of objection outside and inside the House, even among Government Members. What culpability are they prepared to accept when children in their area have been harmed as a result and claim redress from the state?
The Minister asked for support, but he has not articulated a case, built on strong evidence and stakeholder engagement, for why these clauses are needed. He has not offered any comfort or explanation to people who are seriously concerned about the threat that these clauses pose to vast swathes of legal protection, on which the most vulnerable children and young people rely. I have not been reassured that the endgame is not the marketisation of social work.
These clauses have been the main thrust of the Bill from the outset. They epitomise this ideologically driven Government at their very worst and set a precedent, as Liberty, CoramBAAF and others have said in their evidence, for changing the fundamental rules on how our country’s laws are made and how we are governed, which MPs on all sides of the House have always adhered to. I am deeply disappointed that this Minister, of all people, is going along with this. We on this side will never, ever go along with it.
Question put, That the clause be read a Second time.
Edward Timpson
I beg to move, That the clause be read a Second time.
This new clause supports our aim of establishing a new career pathway for social workers that recognises specialist, post-qualification expertise in child and family social work and will reinforce our focus on the quality of practice. It makes provision for the Secretary of State to determine and publish improvement standards for social workers in England, or to arrange for someone else to do so on her behalf. An improvement standard is a post-qualification professional standard which, if attained, demonstrates a particular expertise or specialisation. The Secretary of State will be required to consult before determining any improvement standards.
I would like to make it clear that these standards are distinct from the proficiency standards which the regulator, Social Work England, will set and which must be met by all social workers in order to register. The new clause is vital to enable the introduction of the national assessment and accreditation system which is a fundamental part of our national reform programme that seeks to ensure that all children and families get the support and protection they need.
We are all aware that child and family social workers do an incredibly important job under very trying circumstances, and we all thank them for it. They deal with complex and fraught situations that require great depth of skill, knowledge, understanding and empathy. To clearly set out what characterises effective work with children at their most vulnerable, the chief social worker for children and families, Isabelle Trowler, has published three statements on the knowledge and skills needed to operate at three levels of practice for child and family social workers. That includes frontline practice, supervisory roles and practice leaders. One of the Department’s priorities is supporting the workforce in consistently meeting these aspirations.
The knowledge and skills statements will form the basis of a national assessment and accreditation system for child and family social work, or NAAS. Child and family social workers will be accredited against these standards in order to recognise consistently the specialist knowledge and skills that child and family social workers, supervisors and leaders need in order to practise effectively. NAAS will provide, for the first time, a consistent way of recognising the specialist knowledge and skills needed by child and family social workers, supervisors and leaders to practise effectively. It will recognise progression through the child and family specialism, making clear what good practice looks like and what path a career in social work could take. Supporting social workers to improve their practice is vital when it comes to supporting the profession, and thus the children and families they work with.
We have carried out extensive work with the profession to establish what form assessment will take, and we have launched an open consultation to support our thinking on how the new system is to be rolled out. While there are no current plans for a NAAS for adult social work, this measure would enable the Secretary of State to determine and publish a similar set of improvement standards in relation to adult social workers in England. There is already a degree of specialisation in this area through the roles of approved mental health practitioner and best interest assessor. We intend to look closely at whether taking further steps in this direction for adult social work is desirable.
I trust that the Committee will support this important work to build the professional and public status of children and family social work and support the profession so that it can focus ever more closely on practice that delivers for vulnerable children. [Interruption.] I cannot conclude without hearing from the hon. Member for Birmingham, Selly Oak.
Steve McCabe
As I have said before, the Minister is extremely generous. I wanted to ask him about people who have acquired higher-level awards and qualifications as part of previous accreditation exercises. He will be familiar with the old CCETSW post-qualification award in children services. I think I am right in saying that the NSPCC ran a similar award at one stage. There are therefore practitioners who have a previous higher-level qualification award. Is it the Minister’s intention that their awards will be accredited or in some way fitted into the new framework or will those people now be expected to acquire an additional higher-level qualification?
Edward Timpson
This is a new form of accreditation and assessment. Over time, all practitioners who want to work in the field will need to be accredited against the new standards set out in the knowledge and skills statement. The difference now is that there are three different tiers. One of the things that has led to our bringing in this proposal is the strong feeling that there has not been a clear career pathway for children’s social workers. When they become experienced they may even become Members of Parliament or they end up in management, away from the frontline but still using their great expertise and knowledge about how to deliver good social work. They have an opportunity to supervise practitioners or to become a practice leader.
Those who are already accredited and have shown that they have relevant experience will be well placed to meet the new accreditation standards that are being set for supervisory and practice leader role. We hope that over time that will enable more of those very high-quality, well-versed and experienced social workers to remain active in social work, rather than our losing that precious commodity as they move into corporate roles within their organisation. I hope that explanation finds favour with the hon. Gentleman and that hon. Members will support the new clause.
Mrs Lewell-Buck
I have a few brief comments and questions for the Minister. I am a little concerned that we are seeing an attempt to put back into the Bill powers for the Secretary of State to determine professional standards and assess whether social worker practitioners meet them or not. It is right that Ministers should want to take action to improve standards, but will the Minister explain what those standards will be as they will be subject to secondary legislation and therefore not to intense parliamentary scrutiny? It is only right that the Committee is clear about the intention of the new clause and understands why the Secretary of State feels the need to determine professional social worker standards. It is also a little concerning that after the success in the Lords of the noble Lord Hunt as regards an arm’s length social worker regulatory body, new clause 10(1)(b) is now proposed. Will the Minister explain the rationale for the new clause and give assurances that there will not be Government interference, influence or Government-funded assessment activities of social workers against improvement standards?
The new clause attempts to reassert the role of the Secretary of State in setting standards and developing assessment benchmarks post-qualification. Could that not result in confusion and conflict with the role and functions of the proposed social worker regulatory body, or is the intention that the Secretary of State and persons appointed to assess improvement will be a de facto second regulator? I am sure the Minister agrees that that could have the adverse effect of creating confusion about who is setting and who is assessing standards. It could create more bureaucracy in an already highly complicated arena and would have an adverse effect on recruitment and retention—an area in which, as the Minister knows, the sector is already struggling.
After this morning’s debate, I cannot help thinking that there is an attempt to do something else with the new clause, especially as it has been introduced once again without any consultation or discussion with the social work sector. In answering my questions, can the Minister convince us otherwise?
Edward Timpson
I am grateful to the hon. Lady for her reasoned and helpful questions to try to establish what the new clause proposes. I think I have set that out in some detail already, but I will try to address some of the specifics that she has raised.
I have already given a picture of what the consultation has involved to date. It is also worth reminding the Committee that more than 1,000 social workers have volunteered to test out the assessment accreditation process as it is rolled out so that we can be sure that what we have at the other end is fit for purpose. There has been widespread involvement of the social work profession. This is not a new phenomenon. It is being brought in very carefully as regards this important change for those working on the frontline.
Mrs Lewell-Buck
It is a pleasure to speak in support of the new clause tabled by my hon. Friend the Member for Walthamstow, which would ensure that all local authorities would provide accurate, age-appropriate personal, social and health education, including age-appropriate sex and relationship education. I believe that we speak for most of the hon. Members in the Committee Room, and in the House more broadly, in saying that steps in such a direction are necessary and important to ensure that children can stay safe, happy and healthy in the 21st century. The current guidance in the area, as my hon. Friends have said, is out of date, and therefore woefully unable to address the challenges and possible dangers they outlined. The education system must respond to change in society to provide young people with the skills and knowledge they need to be safe. While guidance in PSHE and particularly in sex and relationships education is not able to do that, the dangers are clear, as is the case for acting.
I welcome the fact that the Minister and the Education Secretary seem to be coming round to the cross-party consensus on the issue, with suggestions in the media that the Education Secretary is planning a change of policy in that area. The issue is not about politics or partisan point scoring, but about protecting the best interests and the health of children. I am sure all Members in this room will agree that that must be one of our highest priorities.
The Bill offers an ideal opportunity for the Government to make the changes in our education system that are so badly needed. I hope the Minister will support the new clause tabled by my hon. Friend the Member for Walthamstow.
Edward Timpson
May I begin by congratulating the hon. Member for Walthamstow on a stoic effort when she is clearly under the weather? I wholeheartedly agree with the hon. Members who have spoken in what has been a helpful debate in teasing out the issues that surround these sensitive subjects. Now is the time to make sure that every child has access to effective, factually accurate, age-appropriate sex and relationships education and PSHE. That is why we are responding positively and strongly to calls for further action. I am grateful to the hon. Members for tabling this new clause.
Perhaps surprisingly, we have ended up with a greater level of consensus on this new clause than we have had on previous new clauses. As I have said in previous debates on the Bill, we hear the call for further action on PSHE and we have committed to exploring all the options to improve delivery of SRE and PSHE. We are actively looking at how best to address both the quality of delivery, rightly raised by the hon. Member for Stretford and Urmston, and accessibility to ensure that all children can be supported to develop positive, healthy relationships and to thrive in modern Britain today. We welcome the support in delivering this in a timely and considered manner.
The Secretary of State herself has made this a personal priority, as we have heard, and we will be able to say more at a later stage in the Bill about how the Government intend to secure provision that is fit for purpose, inclusive and supports all young people growing up in our country today. It therefore seems to me that we are all pursuing similar aims. We all welcomed the excellent report published on 13 September by the Women and Equalities Committee and the considered recommendations within it. We are unanimous that sexual harassment and sexual violence in schools in any form is unacceptable and should not be tolerated. We are much more alive to that and need to make sure that that is properly reflected in the way that we equip children in future.
As part of our response, published on 9 November, the Government have committed to work with other interested parties over the coming months to produce a framework to support schools to produce their own new codes of practice, setting out the principles for a whole-school approach to inclusion and tolerance to combat bullying, harassment and abuse of any kind. Alongside that we have also committed to building our evidence base to better understand the scale and scope of the problem, as well as providing best-practice examples of effective ways to work with boys and girls to promote gender equality and both prevent and respond to incidents of sexual harassment and sexual violence. We will also set up an advisory group to look at how the issues and recommendations from the Committee’s report can be best reflected within existing Department for Education guidance for schools, including the statutory guidance, “Keeping children safe in education” and our behaviour and bullying guidance.
Clearly, there is more that we need to do, which is why the Secretary of State is prioritising progress on the quality and availability of PSHE and SRE. In doing so, we must of course, as the hon. Member for Walthamstow said, look at the excellent work that many schools already do as the basis for any new support and requirements. As we know, sex education is already compulsory in all maintained secondary schools. Academies and free schools are also required by their funding agreement to teach a broad and balanced curriculum, and we encourage them to teach sex and relationships education within that. For example, many schools cover issues of consent within SRE, and schools draw on guidance and specialist materials from external expert agencies such as the PSHE Association, which produced the “Sex and Relationships Education (SRE) for the 21st Century” guidance in 2014. This supplementary guidance was developed by the PSHE Association, Brook, and the Sex Education Forum. It provides specific advice on what are sadly all too modern issues, including online pornography, sexting and staying safe online. The guidance equips teachers to support pupils on those challenging issues, developing their resilience and ability to manage risk.
In addition, Ofsted publishes case studies on its website that highlight effective practice in schools, including examples of how SRE is taught within PSHE. Examples include a girls’ Catholic secondary school that has used pupil feedback to enhance its programme to equip students to learn about healthy relationships and issues of abuse and consent. I do not dismiss out of hand the suggestion by the hon. Member for Birmingham, Selly Oak that innovation might have a place in this arena. There is much to commend his suggestion, and I will take it away and give it further thought.
We are also actively considering calls to update the guidance on SRE. As hon. Members have said, the guidance is out of date, and attempts since 2000 to update it have not come to fruition. The guidance is already clear that young people should learn about what a healthy relationship looks like, but it does not necessarily equip children with the skills and knowledge that they need in the world as it is today or ensure that the timeless nature of SRE that the hon. Member for Walthamstow spoke about is properly reflected.
Whatever we do, as hon. Members have said—including my hon. Friend the Member for North Dorset, in relation to faith schools—we must attempt to allow everybody with a view a chance to make their case. It is a sensitive issue, as everyone is aware, but we want to ensure that we bring as many people with us as possible. The broader the consensus, the greater the prospect that any change will be successful. As the hon. Member for Walthamstow is aware, I have already said that work is in train and we will return to these issues later, at a stage of the Bill when the whole House will have an opportunity to debate them.
Stella Creasy
It is great to hear that the Government are now working on this. My challenge to them is that I need some specific responses. The Minister talked about a framework. Will it be statutory? Over the last couple of years, we have seen clear evidence that because SRE is not a statutory part of the curriculum, it is not happening in too many schools. Some 60% of schools in this country are now academies; the measures that he is discussing cover maintained schools. Will his framework be statutory in all schools, including academies? When will it be introduced, and when will we see the difference?
I said to the Minister in my initial remarks that I would like him to address the question of when we will see the change. A consultation, a framework and guidance are great, but if there are no teeth—if SRE is not statutory and schools are not inspected on it—nothing will change on the timescale that we want. I say to him gently that all of us recognise the difficulties and sensitivities involved in the religious issues—that is why these matters are part of the new clause—but I am not sure that I know of any other policy area that has such overwhelming public support. The risk is that if we keep finding long grass, we can stay in it. Can he give us an explicit commitment now about what the framework will actually do legislatively?
The Minister talked about the Bill coming back at a later stage. We are at the end of Committee stage, so he was talking only about Report. That is not much time for all of us to consider it and ensure, if legislation is involved, that it will be effective. If legislation is not involved, the clear evidence is that any measures will not make a difference.
Edward Timpson
Just to be clear, when I talked about the framework, I was doing so in the context of the response to the report of the Women and Equalities Committee on sexual harassment in schools. It is a framework to support schools to produce their own new codes of practice on issues of inclusion, tolerance and combating bullying, harassment and abuse of any kind. It is not a catch-all framework for PSHE or SRE; it is specifically to deal with those issues raised by the Committee. It illustrates the seriousness with which the Government take those issues and the fact that we are prepared to do something about it, rather than just thanking the Committee for its work.
There is a balance—I know that the hon. Lady is trying hard to strike it—between giving the Government constructive assistance in finding a way forward and appreciating that this issue cannot be resolved with a new Secretary of State in a short period of time. There are lots of repercussions that need to be thought through. The last time that legislation was attempted in 2008-09—I think the then Minister was Jim, now Lord, Knight—that was played out for all to see. We therefore need to be careful about the process we set up and how we ensure that we bring people with us.
Stella Creasy
This is difficult. I thank the Minister for what he has said; I appreciate that it feels a bit as if every amendment and new clause I am involved in is a sticky wicket for him. I asked him some very specific questions about legislation and the need for legislative action on the issue, on which I think we all agree. He referred to 2008-09. There was an attempt in 2013 to make legislation, and that was pushed back by the previous Government for the same reasons that he is talking about. We have proposals and there is support for them.
Edward Timpson
There is an important distinction. The parallel I am drawing is with 2008, when there was an attempt by the Government to lead an independent review and to look at making changes. In 2013, the attempt was not by Government. We are talking about the Government coming forward with proposals. That is the parallel I am trying to draw, rather than looking at 2013.
Stella Creasy
The difference is that there was legislation in 2008-09, and the Minister will recall that it was caught up in the wash-up ahead of the general election. There is not legislation here, and that is what we are looking for now.
The parallel for me is with what my mother calls “eat the frog” moments. If a person has to eat a frog, there is no nice way of doing it, so they might as well just get on and eat the frog. There will be people who oppose whatever we try to do on this issue, and the Government cannot keep saying “at a later date” and not specifying anything.
Are we going to see a legislative proposal on Report? If we will not, then continuing to press the new clause is the best way we have of pushing to make progress. Members from all parts of the House agree that we need progress and a recognition that while we will never get it perfect, we can get good legislation. The failure to make progress over the past six years has let our children down. Unless the Minister wants to intervene and say, “We will commit to bring forward a legislative opportunity on Report”, however late in the day, I will press the new clause to a vote. It is important to set a marker.
I appreciate that Government Committee members are shaking their heads. I am sorry, but frameworks and guidance are what we have had for the past six years, and we are not making progress. As the Minister does not want to intervene, I will press the new clause to a vote.
Question put, That the clause be read a Second time.
Kate Green
I just want to say briefly that I support both new clauses tabled by my hon. Friends. In introducing the Staying Put legislation for young people in foster families, the Minister took a big step forward. I have seen the benefit of that in my constituency, including the fact that it has put pressure on the whole system to facilitate keeping those young people in the families that have been providing the foster care, including ensuring that the financial arrangements to support housing costs are consistent with the Staying Put legislation. I have had casework where a foster parent has come to me to say that she faced a cut in the household housing benefit, and we were able to push back on that to enable the young person to stay in the foster home post-18.
That is a really important lesson, if I may say so, in relation to young people leaving residential accommodation. We know that there have been very difficult conversations going on over the last year or so relating to financial support for supported accommodation, as referred to by my hon. Friend the Member for Birmingham, Selly Oak. The Government have delayed, on two occasions, changes to housing benefit as they would apply to supported accommodation, but delay is not a long-term answer to what is putting huge uncertainty into the circumstances in which housing providers of that particular kind of accommodation are able to plan for the future. We could send a really good, useful signal in this legislation about the need for proper, strategic underpinning of accommodation for young people whether they leave foster care or residential care. We need to provide continuing housing support for them as young adults. This legislation is an important opportunity to reinforce that as our starting priority, which is the best interests of those young people.
I hope that the Minister will respond favourably to both new clauses. I think that he did a very good thing with the Staying Put legislation and it would be good to see that extended to the benefit of all looked-after, and formerly looked-after, young people so that we can really do everything. As my hon. Friend the Member for Birmingham, Selly Oak said, we should, as corporate parents, do what parents would do for their own children.
Edward Timpson
I am grateful to hon. Members for tabling these new clauses. They would place a duty on local authorities to secure sufficient accommodation for care leavers up until the age of 21 and would extend the existing Staying Put duty to those children leaving residential children’s homes. I understand the purpose behind both the new clauses and agree that care leavers should be supported to access the accommodation they need.
As a backdrop, it is worth going to the start of these Committee sittings and remembering some of the other aspects in the Bill in respect of corporate parenting principles, the care leaver offer and the extension of the personal adviser to every care leaver up to the age of 25 when requested. This is not an area where we have been neglectful. On the contrary: we are the first Government I am aware of who have managed to pull together a comprehensive cross-Government strategy on care leavers and get commitment from a whole range of Departments in areas where we know care leavers particularly require help and support.
I remind the Committee that local authorities are already responsible for providing suitable accommodation to all care leavers aged 16 to 17. When care leavers reach age 18, local authority leaving care teams are responsible for helping care leavers access suitable accommodation. Their new home must be suitable for their needs and linked to their wider plans and aspirations—for example, living close to work or college.
The tapered support offer that already exists for care leavers, which clause 3 will strengthen, is designed to help move young people away from dependence. The corporate parenting principles we are introducing in clause 1 will also ensure that local authorities remain focused on providing appropriate support as care leavers move to independence.
When a care leaver is homeless or at risk of homelessness, the homelessness legislation provides strong protection for them. Local housing authorities have a statutory duty to house care leavers under the age of 21 if they become homeless and people over 21 who are vulnerable as a result of being in care. Statutory guidance for councils also makes clear that those leaving care should be treated as a priority group for social housing.
The Government recognise the importance of improving practice and are funding the homeless charity St Basils to work with local authorities to improve joint working between children’s and housing services, to help them develop accommodation pathways for care leavers that provide a range of options, reflecting care leavers’ readiness to live independently. The Government are also supporting the private Member’s Homelessness Reduction Bill, which will place duties on local housing authorities to provide targeted information and advice for care leavers on preventing homelessness.
Another accommodation option for young people leaving foster care—it has already been mentioned—is Staying Put, which we introduced in 2014. That enables young people to stay living with their former foster carers where that is what they both want. The latest data show that, encouragingly, more than half of 18-year-olds who were eligible for Staying Put are now choosing to do so.
New clause 20 would extend Staying Put to young people leaving residential care. I completely agree with the hon. Member for Birmingham, Selly Oak that those young people should have the same opportunity as those in foster care to maintain relationships with their former care givers. That is why earlier this year, after the research that the hon. Gentleman mentioned from the NCB and others, we asked Sir Martin Narey to conduct a review of residential care. Like the hon. Gentleman, Sir Martin believed that simply extending the Staying Put duty to those leaving residential children’s homes was not the right answer and that the Government should test variations of Staying Close—I am afraid we are back into innovation territory—as an alternative to Staying Put for those leaving residential care. In July, we accepted his recommendations and committed to introducing Staying Close for all those leaving care through that route.
We are not biding our time. On 21 December, we invited local authorities to bid to run pilots, through which we will learn what works to deliver Staying Close, as recommended by Sir Martin Narey. We will use that information to make sure that the future roll-out is fully effective and properly targeted.
Mrs Lewell-Buck
Will there be an option in Staying Close for children in residential care to remain in their residential placement if they wish to, or not? Mr Wilson, I should probably have declared at the outset that I am a patron of Every Child Leaving Care Matters, which campaigns on this issue.
Edward Timpson
The hon. Lady will be pleased to know that we have been working very closely with the Every Child Leaving Care Matters team, so that it is able to positively contribute to the work and look at the different models that we need to test out through the piloting of Staying Close. In that way, the needs of each individual young person can be met by the range of models available. Some of the early innovation that has already taken place through the children’s social care innovation programme has shown, interestingly, that there are different types of arrangements that work for different young people.
For example, in North Yorkshire we have the No Wrong Door project, which is centred around having a consistent keyworker throughout not only the young person’s time in care but also their time leaving care, irrespective of the place that they are then in. That is built around the concept, which has come through the care inquiry and other routes, that helping maintain those important relationships through that transition can be as beneficial as anything else that we do to support them.
The House Project in Stoke has set up a housing co-operative run by care leavers, who are responsible for managing their tenancy. They have formed their own community, have a good social network and continue to be well supported, but they are starting to gain a sense of independence. I think that the answer to the hon. Lady’s good question is that we want to ensure, through the piloting, that we allow the opportunity to try all the different options available for young people leaving residential care. There are already some residential care settings that keep on young people beyond 18. We need to discover through the pilot what level of demand there is for that and where it is right for that to be done.
Mrs Lewell-Buck
Just to clarify the option to remain in some of the models that the Minister has said are being explored, will there be an option for children who want to remain in residential care to do so, or will there not? I am not clear from his response so far.
Edward Timpson
We have accepted the recommendations of Sir Martin Narey that there should not be a duty to provide that for every young person leaving residential care. Through the piloting of Staying Close, we want to consider the different opportunities to find not just the right accommodation solution but the right relationships and pathway into independence for each of those young people.
I think that that is the right approach, and a sensible and proportionate way to respond to the consistent view of the hon. Member for Birmingham, Selly Oak on staying in residential care. Having now understood the basis for his new clause, I hope that I have given him a sense that we are travelling in a direction that accords with where he hopes to go. However, there is still some work to do, and we have committed in our response to Sir Martin Narey’s report to rolling the measure out across the country, so that every young person leaving residential care will have the opportunity to continue with the support received by those in foster care.