Children and Social Work Bill [HL]

Debate between Baroness Howarth of Breckland and Lord Watson of Invergowrie

Report: 2nd sitting (Hansard): House of Lords
Tuesday 8th November 2016 Lords Chamber

[Baroness Howarth of Breckland (CB)]

My Lords, briefly, I support the noble Baroness. I know that the Government are committed to both safeguarding and equality, and this is a safeguarding and equality issue. It has always amazed me, after my years in Cafcass—I am sure the noble Baroness, Lady Tyler, would agree with this—that women who suffer domestic violence, whose children are often likely to face that violence, must prove that they are in that situation before they can get legal aid to go to court. That is an injustice and I hope that the Government will look at this carefully. It is one example of the very broad issue of legal aid, but a very pertinent one in relation to children.

[Lord Watson of Invergowrie (Lab)]

My Lords, my noble friend Lady Thornton clearly outlined the issues involved in this amendment. Domestic violence victims suffer enough. GPs should not be able to charge them to access justice because in many cases that will, in effect, deny them justice. The fee that can be charged for a letter is, as my noble friend said, discretionary—but where GPs charge it can range anywhere from £20 to £180. All too often, that would be impossible for the victim to pay. We have no knowledge of how many GPs charge because the Government do not hold that information. There is a clear need to collect it because this is a loophole in the legal aid regulations that needs to be closed.

Calls for change are not restricted to domestic violence support groups. Many MPs and Peers also support the need for change, as do both the medical and legal professions. The British Medical Association was dismayed not to be consulted prior to the regulations being introduced and made it clear that it would have opposed the inclusion of medical evidence, if only on the basis that such requests can compromise the doctor’s relationship with their patient.

As my noble friend Lady Thornton said, the Law Society agrees that these changes should be scrapped. Indeed, its former president said:

“Without legal aid, women are unable to access family law remedies, which are vital in order to help them escape from violent relationships and protect their children. They are being forced to face their perpetrators in court without legal representation”.

The Government should listen to the medical and legal experts. Above all, they should listen to women who suffer at the hands of the men who perpetrate this appalling abuse.

In a debate in another place on 15 September the Parliamentary Under-Secretary of State for Justice, Dr Phillip Lee, said:

“Where arrangements have been found wanting, we have taken action. For example, when the Court of Appeal ruled earlier this year that elements of the evidence requirements for making legal aid available to victims of domestic abuse in private family cases were invalid, we changed the regulations as an interim measure ”.—[Official Report, Commons, 15/9/16; col. 1117.]

I ask the Minister now: if an interim change can be made in one instance, why not in this one?

The Government acknowledge that there are issues with the current system because they consulted specifically on evidence requirements for accessing legal aid in private family cases; that consultation closed in July. If this is an unintended consequence of poorly drafted legislation, it needs to be changed. I look to the Minister to show what I hope will be leadership on this issue and say that he will take this forward and discuss with ministerial colleagues how to bring about the required change, rather than say simply that the Government will report in due course with potential changes. Victims of domestic violence are losing out now, so change is urgent. It is a question first and foremost of supporting women who suffer domestic violence; it is also a question of natural justice.

Children and Social Work Bill [HL]

Debate between Baroness Howarth of Breckland and Lord Watson of Invergowrie

Wednesday 6th July 2016 Grand Committee

[Baroness Howarth of Breckland]

My Lords, clearly there are other organisations that undertake work on behalf of the local authority in some of these areas. They are usually not-for-profit organisations, such as Barnardo’s, the Children’s Society and others. They will wish to continue to work with local authorities in these areas. However, it is interesting that Article 39, an organisation which looks at the legal position of children, stated:

“Research on the first five social work practice pilots (one of which was run for profit) … found mixed views on whether looked after children and care leavers received a better service”.

But the telling point was that:

“Three of the five local authorities involved said the practices had cost more than equivalent in-house services and evaluators noted, ‘Interviews held with local authority commissioners in 2011 made it clear that SWPs were not judged to have been financially advantageous’”.

So if the Government are looking for a way of delivering services that offers value for money, clearly “for profit” services are not necessarily the best way forward.

[Lord Watson of Invergowrie]

My Lords, I think it is fair to say that this is the most contentious issue to have arisen in our consideration of the Bill so far. We will discuss Clause 15 next week. In passing, I have to say that I am not quite sure why this measure is being discussed at this point. The noble Lord, Lord Ramsbotham, has stated his views on that, but I wondered why the Clerks did not direct it elsewhere. However, as I say, we will discuss Clause 15 next week. That clause will allow local authorities to opt out of providing some children’s social services. Many people fear that that could pave the way for the privatisation of those and—perhaps, later—other services, in ways outlined by noble Lords in this group of amendments.

The Bill refers to “different ways of working”, which I think most of us understand is code for exempting local authorities from requirements hitherto imposed by children’s social care legislation. Certainly, Labour holds strongly to the view that child protection and wider social care should not be run by an organisation seeking to make a profit. That is why we have joined with Lib Dem and Cross-Bench Peers, as well as the right reverend Prelate the Bishop of Durham, demonstrating the breadth of support for that requirement to appear on the face of the Bill.

We do not object per se to outside organisations working with, or for, local authorities in delivering children’s social services functions, but do so where a company or organisation designed to make a profit, as opposed to a surplus, takes on such functions that would expose the local authority—and, by definition, the children under its care—to the danger that the company might for whatever reason fail, and fall into receivership. Unfortunately, there is no shortage of examples of such occurrences since local authorities began to outsource various services.

Equally, if profit were the motive, the company or organisation may conclude after a period of time that the margins were insufficient in delivering those services and other avenues offered better prospects, and as a result end the contract. In either case, the local authority, which would have handed over the role of providing those services, would be faced with having to find another partner to deliver them or to bring them back in-house. Meanwhile, the quality of services provided for social care or child protection would be, at best, jeopardised. That is not a situation that any of us would wish to see. It is, therefore, a situation that should be ruled out.

At Second Reading, the Minister relied on the fact that in 2014 the Government had introduced legislation that prevented profit-making where local authorities delegate child protection functions. However, there remains the possibility of profit-making companies setting up their own non-profit subsidiaries to take over the critical and sensitive function of deciding how best to protect vulnerable children There is a serious risk that the likes of Serco and G4S could create these subsidiaries as part of their wider businesses and, in that manner, these companies could indeed profit from the care of vulnerable children and their families, even if only indirectly.

There will be an obvious conflict of interest because some of these companies will also run children’s homes. That will make it difficult to know how funds might flow between the profit-making and non-profit-making arms. That is why the changes outlined in Clause 15 have caused such concern in the sector, and they could undermine public confidence in the services provided to children and young people. It cannot be stressed too much that effective child protection relies on public trust. The public need to be able to trust local child protection teams so that they feel sufficiently confident to report concerns they may have about a child and to have faith that if they raise a concern the service will act in the best interests of that child.

I invite the Minister to provide answers on two aspects of this crucial matter. First, the provisions of the 2014 legislation notwithstanding, can he guarantee that funds will not be transferred between profit and non-profit arms of a company where the latter is delivering services? Secondly, will the purpose and culture of companies or organisations bidding for the right to deliver child protection and social care services be taken into consideration when decisions are made about delivery partners? When an organisation’s primary aim and main business has nothing to do with children, would it be considered a suitable partner for a local authority?

Nothing can be more important than the safeguarding and protection of children, especially those who are at greatest risk or are the most vulnerable. Organisations prominent in the social care and child protection sectors have registered their anxiety over the exemption proposals in the Bill. At Second Reading, I asked the Minister whether the Government had made any assessment of the risk to children in allowing local authorities exemption from some key duties for keeping children safe. I hope he will now be in a position to let me have his response.

Children and Social Work Bill [HL]

Debate between Baroness Howarth of Breckland and Lord Watson of Invergowrie

Wednesday 29th June 2016 Grand Committee

[Baroness Howarth of Breckland]

My Lords, nothing has been said during this debate that one could reasonably disagree with. My only question is: would it help if we had it all in the Bill? I would draw attention to the Local Government Association’s concern, which is that if all these things are in a Bill they restrict the capacity to think through the targeting of where there is greatest need. In some communities, the greatest need may not be for the in-care community.

We know, as I said this afternoon during Questions, although I was rather interrupted, that the children who are on the list of those in greatest need are likely to have a greater need for intervention than some of the children in care. We should not do anything that inhibits local authorities and their partners from making proper assessments and being able to direct those services. I know, having talked at length to the noble Lord, Lord Warner, and to other people who have been in poor authorities, that there is some despair about whether some local authorities will ever reach that point of being able to make good assessments. I also know from work that I am doing with the All-Party Parliamentary Group for Children that some remarkable work and turnaround is happening in other local authorities. We should try to work with the best towards the best and enable a local authority to do that.

I am interested that the noble Lord, Lord Warner, is so sanguine about the suggestion of the noble and learned Lord, Lord Mackay. I can see a million difficulties in having his suggestion on the statute book. Again, much as the bit of me that was a director of social services would have liked to have had that, the other bit would know how impossible it is to get one person. What is the role now of the independent reviewing officer, for example? We know that IROs have not been particularly successful, yet those are the people who we have identified as the ones to focus on the children. There must be alternative ways.

This is where the two parts of the Bill come together. If we are able to get the social work bit of it right and develop really good social work, it seems that the other issues will not be so pressing—apart from the ones raised by the noble Baroness, Lady Tyler. The mental health issues of children in care are of particular concern and I would support her. This is because CAMHS is in such disarray, probably in greater disarray than some other areas in local authorities, and although I think that the Government have good intentions to put money into the service, we know how hard it is to get that funding properly directed. However, we could make a real difference to young people’s progress if we ensure that their therapeutic needs are met early on, not when they are developing serious mental disorders and personality conditions. We know that behavioural work with children at an early stage works very well. While I am finding it difficult to support a wide range of the amendments, again because I want to keep the Bill as simple and implementable as possible, we should look seriously at these mental health issues.

[Lord Watson of Invergowrie]

My Lords, undoubtedly many telling points have been made on these wide-ranging amendments. I cannot offer my support for all of them, but I certainly can in respect of those tabled by my noble friend Lady Massey and the noble Baroness, Lady Tyler of Enfield, concerning mental health. My noble friend urged the promotion of mental health, something that we might imagine was not necessary but unfortunately it is. Current statutory guidance requires that children entering care should receive a physical health assessment by a trained clinician, yet mental health and emotional well-being are assessed only through a strengths and difficulties questionnaire. That is not an alternative to a full assessment conducted by someone with the appropriate qualifications in mental health, which should be instituted as a matter of urgency. The noble Baroness, Lady Tyler, sets it out clearly in her Amendment 87. This is not a new demand. I can recall asking for it on several occasions during our consideration last year of the Education and Adoption Bill, and I was not alone. Noble Lords from all sides of the House expressed the same call.

It is now well past the point when Ministers should get it, by which I mean the fact that 45% of children entering care have a diagnosable mental health condition. Their needs should be identified early and clearly. The noble Baroness, Lady Tyler, referred to the plans that form part of the implementation of Future in Mind, and I hope that I am quoting her accurately when she said that only 14% of children entering care receive proper mental health assessments despite the proposals in the document. I would suggest that the time for that situation to change dramatically is now long overdue. We missed the opportunity in last year’s legislation, so I hope that will not be allowed to happen again.

Education and Adoption Bill

Debate between Baroness Howarth of Breckland and Lord Watson of Invergowrie

Thursday 5th November 2015 Grand Committee

[Lord Watson of Invergowrie]

I am delighted to hear what the noble Baroness has said. She couched it in terms of “considering” but I await the schools guidance with interest. She said that governing bodies regularly notify parents of a number of issues. That is so but, as my noble friend Lord Hunt said, some do not, and our proposal would make the notification mandatory. If it is going to be mandatory in terms of guidance, why not put it in the Bill? I do not see any reason not to tie it down in that way.

There is the further question of what happens after the parents have been told. I was rather surprised by some of the remarks of the noble Baroness, Lady Howarth. I accept that the needs of children have to come first but most parents are very concerned about how their children are doing at school and they want education to be as beneficial to their children as possible. I do not see that the needs of the parents and the needs of the children necessarily diverge. If we could make the assumption that they were absolutely the same, that would be very positive. I accept that we cannot; none the less, we have to trust parents to some extent as well, and surely they have the right to make representations about something with which they are unhappy.

[Baroness Howarth of Breckland]

I absolutely agree, and I said in my speech that I expected parents to be given the information and thought that they would be. We have been assured that they will be. I simply made the point that we must always put the children’s needs before other needs and that we have seen, down the generations, children who have not received the education they might have received, not only because of the system but because their parents have been comfortable where they are. I am sure they are very good parents and that they want the best for their children—most parents do. They do not necessarily know what that best is, though, and that is what I think this Bill is seeking to press forward.

[Lord Watson of Invergowrie]

I take on board that point and, yes, there will be various levels of knowledge of education, or indeed of the benefit of education. I do not doubt that. But it does not seem right that because there may be a small group of people who have an agenda whereby they want to prolong the process, or be seen to be doing so, you shut everyone else out. Using a sledgehammer to crack a nut, in my view, is not the way to move forward. As I said when speaking to the previous amendment, you need to carry people with you. I put it to the Government that this is not the way to carry people with you. However, I have noted what the Minister said. I hope that on Report she will come back with the outcome of her considerations, and on that basis I beg leave to withdraw the amendment.