Education and Adoption Bill

Baroness Evans of Bowes Park Excerpts

Tuesday 17th November 2015 Grand Committee

[Lord Storey (LD)]

My Lords, I understand that there are some drafting issues with this amendment, but I will still speak to it and we can perhaps resolve those in later amendments. I have always believed strongly that it is important that every pupil or student should have a qualified teacher. That does not prevent the opportunity for those members of staff who are preparing to become qualified and it does not prevent those teaching assistants who have NVQ level 3 or 4 from teaching.

Sorry, am I on the right amendment here?

[Baroness Evans of Bowes Park (Con)]

No.

[Lord Watson of Invergowrie (Lab)]

Are you in the right Room?

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[Lord Storey]

I will speak just to Amendment 34 in this group, which seeks to develop the work we did on the Children and Families Bill, where quite important progress was made on the whole issue of adoption. There was an important amendment from the noble Earl, Lord Listowel, about the increasing length of time that children stayed with foster parents.

Let us build on that: Amendment 34 seeks to support that progress by saying that children in the care of local authorities are perhaps the most vulnerable children. Many of them have mental health problems. In fact, the figures—I will not repeat them now—are really alarming. Many local authorities and agencies which carry out the role for local authorities make tremendous progress with those looked-after children. But there are real concerns, and this amendment suggests that we should always have those concerns in the front of our minds through having an annual report on the support we are giving those young people, so that we can adjust our provision and policies where we need to. I hope the Government might consider supporting this amendment.

[Baroness Evans of Bowes Park]

My Lords, Amendments 33, 34 and 32ZA raise important issues about ensuring that any use of the power given to the Secretary of State in Clause 13 is transparent and considers the impact on voluntary adoption agencies, other parts of children’s social care and the provision of post-adoption support. The amendments require an annual report to be laid before Parliament and enable the Secretary of State to direct local authorities and voluntary adoption agencies to jointly determine who should deliver adoption functions.

I thank noble Lords for raising these issues and I agree that we need to be clear about how this power is used, and what its impact is, so I appreciate the intent behind the amendments. First, I assure both noble Lords that any use of the power will be transparent and fair. Decisions will be informed by input from the affected agencies and other agencies operating in the local area, including voluntary agencies. However, I believe that laying an annual report before Parliament on the use and impact of the power would be disproportionate, and that directing local authorities and voluntary agencies to make decisions jointly will not work in practice. I will go on to explain why.

First, I assure the Committee that we have carefully considered the impact that moving to regional adoption agencies will have on other parts of the care system, and on the provision of post-adoption support. We have been clear that regional adoption agencies need to consider how adoption support functions will be carried out and how links with other parts of children’s social care will be maintained. This includes ensuring that adopted families have access to appropriate mental health support to meet their children’s needs. We will come to that in more detail in the next set of amendments. We see regional adoption agencies as an opportunity to deliver improvements in these areas. We are also encouraging innovation. This may well include broadening the regional approach to include wider permanence services, where this has potential to drive improvement.

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[Lord Hunt of Kings Heath]

Clearly, the noble Baroness has given considerable reassurance to the Committee, but how does this all fit with procurement policy? The reason I ask that is because we know that the Cabinet Office has been leading very hard-driven, centralised procurement and there have been complaints that, despite the Cabinet Office also having a policy to encourage SMEs, those have been squeezed out by the prime contractors. I think that the Cabinet Office is reviewing that at the moment.

It struck me from what the noble Baroness was saying that although Ministers clearly recognise the role of the smaller voluntary agencies, particularly the specialist ones, one of the problems is that once you create regional entities, inevitably they adopt a bureaucratic process. I worry that the smaller agencies may find this very overbearing. I do not think this is a matter for statute but rather one of reassurance that the regional agencies understand that they cannot develop processes that make it almost impossible for these very small agencies, often with very limited infrastructure, to get agreement to be part of the new agencies in the future.

[Baroness Evans of Bowes Park]

We think that the VAAs should be involved in early conversations about regional adoption agency design. We will issue procurement guidance for projects shortly, so it is in our minds.

Finally, the noble Lords raise important points about the proportionate use of this power. It is important to emphasise that we are committed to supporting local authorities and voluntary adoption agencies to move to regional adoption agencies voluntarily in the first instance. These powers are only backstop powers to be used for the reluctant few.

As I have already said, we are delighted that the sector has already seized the opportunity to be involved. We have announced 14 regional adoption agency projects that we are working with this year, which, as I said, will involve more than two-thirds of all voluntary adoption agencies and local authorities. In the rare cases where the power is needed, decisions will be made following extensive discussions with all those involved or affected, including voluntary agencies. Prior to making a final decision, we will write to any relevant local authority formally requesting its views on the matter. I therefore reassure noble Lords that all those involved will have the chance to comment on the proposal before a final decision is taken.

I take this opportunity to mention the role of the national Adoption Leadership Board, which meets quarterly and has a remit to drive significant improvements in the performance of the adoption system in England, and which will also have an important role to play in shaping decisions and overseeing service development. This board has already been paramount in driving forward our reform programme, and that role will continue. The board is made up of the most senior officials from key organisations in the system, including representatives both from local authorities and voluntary organisations. The Consortium of Voluntary Adoption Agencies, which represents all voluntary adoption agencies, is a key member. Board members have been appointed to represent their sector and to take responsibility for galvanising performance improvements within their respective areas. Involving the board in any decisions about regionalisation will therefore be vital. This is another indication of how we are trying to bring all parties together.

This is a practical and proportionate approach to ensuring that the powers are used appropriately and that all interested parties are involved in decision-making. In view of this, I hope that noble Lords will feel reassured enough not to press their amendments.

[Lord Watson of Invergowrie]

I thank the Minister for that reply, which was to a large extent warm and, I am sure, encouraging to voluntary adoption agencies. She talked of them being involved in 14 of the regional adoption agencies that are in the process of being established—that is all very well and good—but that is the start. We look some way down the road and it may not happen. What if some local authorities or some regional adoption agencies decided not to involve voluntary adoption agencies? It is quite unlikely that none would be involved, but the agencies themselves remain concerned—it is not those of us on this side of the Committee who need to be reassured, it is the voluntary adoption agencies. For whatever reason—well, the reasons I have outlined, to be frank—they are not yet confident that that is how it is going to be into the future, and it is the future that concerns them rather than the present.

The Minister did not say specifically what was wrong with Amendment 32ZA. I do not see why it cannot be added to the Bill. It would simply add nine more words and ensure that voluntary adoption agencies were fully involved. If that is the Government’s intention—and I have no reason to doubt that it is—why not just write it into the Bill on that basis? It is disappointing that the Minister is not willing to do that, because I cannot see that it would have any real effect on any other part of the adoption system.

On the annual report, the Minister talked about transparency and about the agencies being fully informed, but transparency is also important as far as Parliament is concerned. You may say that Members of this House or another place can read the reports that are made available—no doubt, they will be put in the Library—but Parliament has a right to expect that such information be made available to it. If there was a need for a debate on these issues—it would not be every year, by any means—that could take place. If I noted the Minister correctly, she said that this would not work in practice. I may have missed it, but I did not hear from her why that would be the case. Yes, it would perhaps be a little bureaucratic, but only a little bit. I think that it would have a much wider benefit, not just for parliamentarians but for the agencies involved. The Minister’s response is therefore disappointing. Perhaps the Government could further clarify why they seem resistant, particularly in respect of including voluntary adoption agencies in the Bill. I know that that is what they want for reassurance and it is what we want with this amendment. But given what the Minister has had to say, I beg leave to withdraw the amendment.

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[Baroness Benjamin (LD)]

I will quickly say why I support Amendments 32A and 34. I am very sorry for not having been here earlier, but I am on the Select Committee on Communications; we are looking at the BBC charter renewal and were just questioning John Whittingdale, the Secretary of State.

I am here because we must ensure support for all options for looked-after children that are considered, whether they remain in care, leave care independently or live with a special guardian. I support Amendments 32A and 34A because they will create provision in this Bill to improve the timeliness and quality of mental health assessment and support for all looked-after children. Looked-after children have significant needs, and improvements are needed to ensure that their emotional well-being is better promoted.

We have an increased focus on children and young people’s mental health, but we must not forget children in care, who are sometimes the most vulnerable children. One young person told the NSPCC recently that the trauma associated with the abuse that she experienced was not picked up on her early entry into care. She felt that she did not receive help until she reached crisis point. She said:

“We shouldn’t have to do crazy things before people notice we need support and do something”.

That is why I put my name to the amendment. I see that it is not on the list, but I did put my name to it because I feel very strongly that it should be given as much consideration as possible. It creates such provision in the Bill that will make sure that children’s mental health is assessed automatically and supported much earlier in the adoption system.

Another young adult, Liza—not her real name—told the NSPCC that before turning 16 she had around 15 placements and between 20 and 25 placement moves. This caused her so much stress and trauma because she had to travel around from place to place, which was extremely tiring, both physically and mentally. Reflecting on this experience, Liza made it clear to the NSPCC that she would have benefited from easier access to therapeutic services which would not have required her to travel long distances. Liza’s experience is not untypical of that of many children in care who struggle to find the right therapeutic support. Amendment 34A, which I support, would require the Secretary of State to oversee an increase in the quality and quantity of therapeutic support services and would create provision in the Bill to stop more children having the terrible experience that Liza outlined.

Almost two-thirds of looked-after children have experienced some sort of abuse or severe neglect, and 45% of children in care have a mental health disorder compared with just 10% of the general child population. We know that looked-after children are four to five times more likely to attempt suicide, less likely to attain good results at school and more likely to end up homeless. However, the mental health needs of children in care often go unassessed and unidentified and there is a substantial lack of mental health support for these children.

Current guidance from the Department of Health and the Department for Education on mental health assessments for looked-after children does not go far enough. The BBC—I have the BBC on my mind; I am sorry. The NSPCC believes that the important aspect of quality support in Amendment 34A relies on quality assessment as outlined in Amendment 32A, so the two go together. Looked-after children’s initial health assessments rarely include the involvement of mental health professionals, thereby reducing the chances of identifying their mental health needs. Furthermore, there should be direct contact with the child and their carer to fully explore the child’s emotional and mental health needs. We have to make sure that children know that they are being considered, no matter where they are from.

I welcome the Education and Adoption Bill but urge the Government to include specific measures around mental health in particular: all children entering care should receive an automatic mental health assessment in addition to the physical assessment that they currently receive; children in care should then immediately receive the subsequent necessary support to help them deal with issues of mental health identified in the assessment; and there should be regular monitoring of children’s mental health while in care to inform the support the child receives and ensure that it contributes to their improved well-being.

The NSPCC recently released figures which show that more than a fifth of all children referred to local specialist NHS mental health services, including children with problems stemming from abuse, are rejected for treatment. This cannot go on. Children who have been abused or neglected could face serious long-term mental health problems because of the lack of support. The NSPCC recently stated that this is a serious “time bomb” because it is getting worse, not better. So I hope that the Government will take on board the things that I have said and support this amendment. This is something that we need to address in the best way possible. I hope that the Government will consider the amendments in the constructive spirit in which they are intended as the Bill moves through Parliament.

[Baroness Evans of Bowes Park]

My Lords, Amendments 32A and 34A, spoken to by the noble Earl, Lord Listowel, and the noble Baroness, Lady Benjamin, raise important points about the mental health needs of children adopted from care.

I absolutely agree that the mental health of adopted children is a key issue, as all noble Lords who have spoken in this debate have said, and one that we expect to be central to the development of regional adoption agencies.

The Government have committed £1.25 billion to improve mental health services for children and young people over the next five years through the implementation of Future in Mind, the report resulting from the Government’s review of child and adolescent mental health services. The report included a section on vulnerable children and makes specific recommendations about looked-after and adopted children. This includes improving access to services, working better with parents and carers and support for children who have suffered trauma in their early life.

We are working very closely with the Department of Health and NHS England on the implementation of Future in Mind. Locally, clinical commissioning groups have been—

[Lord Watson of Invergowrie]

On that Future In Mind document, the Minister said that the chapter on vulnerable children makes specific reference to proposals for looked-after children. I do not expect her to respond now, but could she write to me pointing it out? As I said, I could find the word “adoption” used only once in that chapter.

[Baroness Evans of Bowes Park]

Clinical commissioning groups have been working with their local authority partners to develop local transformation plans to improve their local offer based on the recommendations. These plans, alongside additional government funding, will cover the full spectrum of mental health issues, including, crucially, addressing the needs of the most vulnerable children.

Improving assessment of and support for looked-after children will be a key priority in our programme of work. We welcome the recent report on this issue from the NSPCC, as mentioned by a number of noble Lords, and agree that getting assessment right when children enter care is critical. All looked-after children already have an annual health assessment, which must include an assessment of their emotional and mental as well as their physical health. That assessment, which informs the development of their health plan, should take account of the information provided from the strengths and difficulties questionnaire which is completed by their carer. The guidance also sets out clear expectations that all looked-after children should have targeted and dedicated support through child and adolescent mental health services and other services according to their need, arranged by CCGs, local authorities and NHS England. However, I accept the point made by the noble Earl that, for some young people with a range of problems, a follow-on referral to specialist health services is required.

The Department for Education hosted a round table last month, bringing together children’s social care and mental health stakeholders, to discuss how to improve mental health services for adopted children. As a result, we are considering how centres of excellence, possibly linked to regional adoption agencies, might enable the mental health needs of looked-after and adopted children to be better met.

At the moment, the specialist support that many adopted children need in order to address the effects of abuse and neglect in their early years is simply not available in their area, as the number of adopted children at local authority level is too low to ensure that the right provision is there. Assessment and commissioning of specialist support on a regional scale will allow providers to expand their services, provide better value for money for the taxpayer and help ensure that all adoptive families receive a consistently high quality of assessment and provision.

In addition, we are providing £4.5 million of funding this financial year to accelerate the development and implementation of regional adoption agencies. Adoption support, including mental health, is a key element of that. We are clear that regional adoption agencies must have a focus on improving the assessment of adopted children’s mental health needs and the provision of appropriate mental health support services.

Regional adoption agencies will be able to make use of the government-funded Adoption Support Fund, as the noble Earl mentioned. More than 2,000 families have already benefited from £7.5 million of therapeutic services provided by the fund for adopted children and their families. We know that getting a high-quality assessment of need is critical, and local authorities are increasingly using the fund to pay for specialist assessments and, where appropriate, specialist therapeutic support.

The noble Lord, Lord Watson, asked about harder-to-place children. We are providing £30 million to help pay the interagency fee to both local authorities and voluntary adoption agencies so that harder-to-place children might be adopted more quickly. More than 200 children have already been placed through this new scheme. On recruiting adopters for harder-to-place children, we believe that recruitment from a wider geographical base than simply a local authority, which takes into account the needs of children across a number of local authorities in a regional recruitment strategy and uses specialist techniques for recruiting adopters of harder-to-place children, will have an important effect.

The noble Lord, Lord Storey, said that schools needed expertise in supporting looked-after children and children with mental health issues. We made changes in the Children and Families Act to introduce a virtual school head for looked-after children. This measure was designed specifically to ensure that looked-after children receive the support that they need at school.

I hope that noble Lords will see from this range of initiatives the importance that this Government and the previous Government have attached to ensuring that our most vulnerable children receive the support that they need, and that we are already committed to meeting the objectives of these amendments. I hope that the noble Earl will feel reassured enough not to press them.

[The Earl of Listowel]

My Lords, I am grateful to all noble Lords who have spoken in the debate on these amendments today and for the supportive comments made by many of your Lordships. I am also grateful for the care with which the Minister has responded: to some extent, I am somewhat reassured. I was interested to hear what she said about centres of excellence and that seems most welcome. In Wales, for instance, a fostering charity that provides services has to find its own mental health professionals, because there simply is not enough of a CAMHS in that particular area of Wales to provide for it. I can imagine, as the noble Baroness says, that there will be areas where there is a deficit of expertise, and therefore the principle of drawing in from the best elsewhere—as provided in the academies programme—is a good principle to utilise.

The noble Baroness referred to the strengths and difficulties questionnaire and to the fact that the initial and ongoing health assessments look at the emotional and other needs of young people in care. That is welcome. However, given the experience of these children before entering care and that that they are pulled away from their families into the care system and have that trauma too, I feel that that is not sufficient. They need at the very beginning to see a specialist and to have a specialist assessment. I do not want to push that too hard but, as we speak, I remember a young woman who had been through the care system and whose brother was in the care system with mental health difficulties. She must have been 22 or so and she said to me that what she would have liked to have had when she first went into care was a therapist to speak to and somebody to stick with her through the care system—they had one mental health professional to stick with her through the system—and she wished the same for her brother, who was having difficulties.

I am going to make a slight detour and I hope that your Lordships will forgive me. These are difficult issues. In the past, the Department for Education used to employ civil servants who had a long tenure and a lot of experience in one particular area. For instance, the recently deceased Rupert Hughes was one of the chief civil servants behind the Children Act 1989, under Baroness Thatcher’s Government. I used to serve with him as a trustee for several years. One did not realise his important background from meeting with him but from hearing about it from others and seeing how important his memorial service was to so many people who knew of him. He was a hugely important figure. In dealing with these systemic responses to the difficult questions that we are discussing today, I wonder whether the Minister might consider what more might be done to ensure that there is a continuity of experience within the Civil Service to deal with these difficult problems over time. I do not think that it was this Government—the Conservative Government—who got rid of these longer tenure civil servants but in the past they frequently had more people like Rupert Hughes.

I am sorry for the digression. There is much to be welcomed in what the noble Baroness has said and in the investment that has clearly been made by the Government. I thank her for her helpful reply and other noble Lords for their comments. I beg leave to withdraw the amendment.