Children and Social Work Bill [HL]

Debate between Baroness Bakewell of Hardington Mandeville and Lord Nash

Report: 1st sitting: House of Lords
Tuesday 18th October 2016 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I support Amendment 9. Subsection (1) of the new clause proposed in it refers to subsection (2). Clause 1(2)(c) of the Bill refers to,

“persons aged under 25 who are former relevant children within the meaning of”,

the Children Act, and it is that part of the Bill that I wish briefly to address.

I agree completely with the noble and learned Lord, Lord Mackay of Clashfern, about the importance of relationships to children and young people. On Thursday last week, I attended a briefing organised by the noble Earl, Lord Listowel, and the Children’s Society at which I heard from two care leavers, both of whom spoke very passionately about their experiences. One young lady, who was 18, has now left care. However, she was removed from her foster placement one day after her 18th birthday, which seems unnecessarily hasty and somewhat insensitive. To date, no personal adviser has been appointed for her and she has no one to officially advise her. She made the very valid point that she and others in care really need advice, particularly on their likely financial responsibilities, before they reach 18 and not afterwards, as all money stops at 18. I will return to this aspect of financial advice in later amendments.

It is important that children in local authority care have someone they can turn to at all times. Children not in care have parents and relatives whom they can turn to and confide in. Looked-after children deserve parity with their peers, and I fully support the amendment tabled by the noble and learned Lord, Lord Mackay, and the noble Lord, Lord Warner.

[Lord Nash]

I am grateful to my noble and learned friend Lord Mackay, the noble Earl, Lord Listowel, and the noble Lord, Lord Warner, for their amendments on promoting stable relationships between looked-after children and care leavers and their families and those who care for them.

I am pleased to reassure the House that local authorities already have robust duties to promote and maintain contact between looked-after children, their families and people significant to the child. There are also staff in local authorities and children’s homes with a clear responsibility to promote individual children’s well-being and to build strong relationships with them.

Helping young people maintain positive relationships is a vital part of corporate parenting. Doing so will enable local authorities to comply with several principles; for example, those relating to acting in the child’s best interests and promoting their health, encouraging children to express their wishes and feelings, and to be safe and have stability in their relationships. Maintaining positive relationships is part of promoting children’s best interests and arrangements need to be based on children’s needs and wishes. Existing legislation and statutory guidance strongly support this.

The presumption that contact between children and their family should be maintained while a child is being looked after is already set down in paragraph 15 of Schedule 2 to the Children Act 1989. The Act requires local authorities to promote contact with parents, relatives and those connected with the child, provided it is consistent with the child’s welfare.

Statutory guidance on care planning, placement and case review is also clear. Children’s welfare is the paramount consideration in determining contact and the care plan for a looked-after child must set out the arrangements made for contact with parents, anyone with parental responsibility or any other connected person. The guidance also makes clear that children’s wishes and feelings regarding contact should be taken into consideration. As part of children’s case reviews, independent reviewing officers must speak to children before the review meeting to ascertain their views, wishes and feelings. This gives children a chance to express any concerns, including with their contact arrangements, so the review can take these into account.

I agree with noble Lords that looked-after children, including those in residential care, should be supported by professionals who promote their well-being and have clear accountability for this. At local authority level, all looked-after children have an allocated social worker and an IRO who are responsible for their well-being and development.

The noble and learned Lord, Lord Mackay, rightly highlights the need for children in residential care to have a strong relationship with at least one member of the home’s staff. I entirely agree with him that an ongoing, trusted and stable relationship is really important for these young people. Although it is not mandatory, it is common practice for homes to appoint a key worker for each child. This is a member of staff who has special responsibility for an individual child. The key worker role complements requirements on all staff to protect and build positive relationships with children. While there is no doubt that staff in this role can be a huge source of support for children, we do not believe that making it compulsory would be the right thing to do. Children’s homes have evolved greatly in recent years, both in their size and the approach they take to supporting children, and we strongly believe that they should have flexibility to shape the role and the support they provide to meet children’s individual needs and circumstances.

There are many examples of excellent practice, such as North Yorkshire’s No Wrong Door project. Here children’s wishes and feelings are taken into account by letting them choose their key worker after they get to know their staff. The key worker builds a strong relationship with them and, like a parent, advocates for them where necessary. At No Wrong Door, key workers support young people up to the age of 25, remaining a consistent point of contact as they move to independence.

We recognise that maintaining relationships can be a particular challenge for care leavers. That is why our care leaver strategy, published in July, set out our desire to test new models of support for those leaving care. The Family Finding model, for example, identifies a range of adults, including family members, ex-carers and professionals who have known the young person during their childhood and are prepared to make a lifelong commitment to the young person.

In addition, as the noble Earl, Lord Listowel, mentioned, in response to a recommendation in Sir Martin Narey’s review of residential care, we will introduce “staying close”, which will provide the benefits of “staying put” for those leaving residential care. “Staying close” will support continuation of the trusted relationship that the young person has developed with staff at their former residential home through to age 21. We are planning to invite local authorities to pilot “staying close” in the first instance, to enable us to better understand the costs and practicalities of providing this support.

While I support the very positive intentions behind the amendments, I believe that the way to address them is by continuing to develop effective practice rather than imposing new requirements on practitioners who need the space and flexibility to work out what is best for the children in their care. Though I have much sympathy for the emphasis noble Lords have given to the importance of stable relationships, I believe that this is something local authorities should be promoting through the local offer.

--- Later in debate ---

[Baroness Bakewell of Hardington Mandeville]

My Lords, I speak briefly to Amendment 10 and to agree with the comments of the noble Lords, Lord Watson and Lord Warner. In the market town in my own area, the number of beds available for young people in the excellent Foyer has been reduced over recent years, and it is now in danger of actually closing. As well as providing excellent accommodation to allow young people, especially care leavers, to move on and gain independence, it has provided training, other support and a coffee bar. It is a great shame, to put it mildly, that such a facility should be closed because of the lack of funding for the number of beds there.

As the noble Lord, Lord Warner, who is much more experienced in this area than me, has said, young people, especially care leavers, are very vulnerable and they require adequate quality accommodation to meet their needs.

[Lord Nash]

My Lords, I am grateful to noble Lords for these amendments, which relate to the local offer for care leavers. Together, they seek to introduce a national minimum standard for the local offer and to place a duty on local authorities to provide suitable accommodation for all care leavers until the age of 21.

It is worth reminding ourselves what the local offer is intended to achieve. It is an opportunity for local authorities to set out in one place the services they provide to assist care leavers as they move into adulthood and independent living. In particular, it should include services relating to health and well-being, education and training, employment, accommodation and participation in society. The local offer must include both care leavers’ statutory entitlements, as well as the additional services and support that local authorities provide to meet the needs of care leavers in preparing for adulthood and independent living. The national minimum offer that the noble Lord seeks is, in effect, the statutory rights that all care leavers are entitled to, but we expect local areas to go beyond the statutory minimum and set this out in their local offer.

Under Clause 2, before publishing their local offer or any revised version of it, local authorities must consult care leavers, as well as any other persons or bodies who are representative of care leavers. I do not believe that prescribing a national minimum standard setting out the services that must be included under the local offer is the right way forward. It would mean central government deciding what is best for care leavers in their local area, rather than the local authorities and care leavers themselves. A set of minimum standards could serve to limit innovation and creativity, rather than to drive the improvements that we all want to see. We have already seen innovation and creativity in the best local authorities with a strong corporate parenting ethos and a care leaver local offer in place, such as North Somerset, Southwark and Trafford.

Turning to the specific duty proposed in Amendment 10, I reassure noble Lords that local authorities are already responsible for providing suitable accommodation to all care leavers aged 16 to 17. “Suitable” is defined in statutory guidance, which makes it clear that bed-and-breakfast accommodation is not a suitable option and must be used only in exceptional circumstances and for no more than two working days.

When care leavers reach the age of 18, local authority care teams are responsible for helping them to access suitable accommodation. The latest data for the year ending March 2016 show that only 7% of care leavers aged between 19 and 21 were in accommodation deemed unsuitable.

There are a range of accommodation options for care leavers aged 18 or above. As we have already discussed, we introduced “staying put”. As I am sure the noble Earl, Lord Listowel, who is not in his place, would be pleased to hear, the latest data show that 54% of 18 year-olds who were eligible to stay put chose to do so. Data also show that 30% of 19 year-olds and 16% of 20 year-olds were still living with their former foster carers.

Children and Social Work Bill [HL]

Debate between Baroness Bakewell of Hardington Mandeville and Lord Nash

Monday 11th July 2016 Grand Committee

[Baroness Bakewell of Hardington Mandeville]

I will also speak to Amendment 126. I believe the relationship between what is currently the local safeguarding board and the national one is very clearly understood, with clear roles and responsibilities for each. My county council’s view, from experience, is that safeguarding absolutely must be owned by the local agencies that are responsible on the ground for improving safeguarding. The national safeguarding panel should therefore have a role in understanding local issues. I am concerned that, if the intention is to centralise at the national level, the national panel might not have the capacity or the local knowledge and experience to review and intervene in a timely way. I agree entirely with the comments made by the noble Lord, Lord Watson.

[Lord Nash]

On the points that have just been made, I thought we had discussed them at considerable length two groups ago. In answer to the noble Baroness, Lady Pinnock, I said that the panel is perfectly free to have elected representatives on it, as distinct from the current situation with LSCBs. They would not have to be co-opted, but can be full members of the panel. We have also made it clear, as we have discussed in some detail, that the panel can involve relevant agencies as it sees fit. As the whole point is to improve the analysis of what happens at local level, I feel that we have covered this issue. If the noble Lord or the noble Baroness thinks that we have not done so, I am happy to write to them with more details.