Children and Families Bill

Baroness Jones of Whitchurch Excerpts

Monday 18th November 2013 Grand Committee

[The Earl of Listowel]

My Lords, in moving Amendment 242, I wish to speak also to my Amendment 244.

Amendment 242 would enable the introduction of a pilot scheme,

“to trial the registration of births within children’s centres”.

Currently, only a small number of centres offer birth registration—the practice is not widespread. Figures from the 4Children charity’s children’s centre census of 2013 suggest that only 6% of centres currently provide birth registration. Looking ahead to the next 12 months, only 13% of respondents to the census said that they expected to be offering birth registration in a year’s time.

A report from the All-Party Parliamentary Group on Sure Start Children’s Centres was published in July, entitled Best Practice for a Sure Start, which highlighted the positive impact that the provision of birth registration can have for centres. The report included evidence submitted by the Department for Education, which stated:

“The opportunity to register births in children’s centres is potentially a very effective means of alerting parents to the support services available and the benefits of accessing these services through children’s centres”.

The department also highlighted the experience of three local authorities which currently offer birth registration services: Manchester, Bury and York. Based on these case studies, the department identified a number of benefits of implementing birth registration in centres. First, the benefit of improved reach; there has been a concern that in the past, children’s centres were not reaching the hardest to reach, particularly young teenage mothers. It is considered that this will improve the ability to get at those hard to reach groups. Secondly, parents seem to be more likely to come back again. Once they have visited to do the birth registration, practitioners find that they come back to the service. The Benchill centre in Manchester had a re-engagement rate of 87.5% in 2012-13; which means that 87.5% of those who came for the registration must have come back again for further services.

Thirdly, there is a danger of stigma in visiting a children’s centre; people may feel that they can go only if there is something wrong with them. This, however, is a universal service. Everyone would go there to register their child, so there would be no stigma attached to it. Fourthly, practitioners talk about this as an important step forward in terms of involving fathers. Fathers will go along when the child is going to have the birth registered. I am not quite sure of the technical details as to why it is so important for fathers to be involved in the registration process—perhaps one of your Lordships can tell me in a minute—but there is a strong feeling that more fathers will be involved early in their child’s life this way. Finally, it is an opportunity to showcase to parents the wonderful services that are available to them at the children’s centres.

There is a strong case for increasing provision of birth registration services in children’s centres. This would be a very good means of doing so. It is not onerous for local authorities to deliver this. It is not costly to do. The risk is that with local authorities currently carrying such burdens, this is one trick that they might miss. This would mean families and children missing out on the benefits of it. I hope that the Minister can give a sympathetic response.

I will move on to Amendment 244, which is to do with information and data sharing. It will require NHS trusts to share data on live births with local authorities in order to facilitate greater engagement with parents through children’s centres and other outreach services. This amendment would support children’s centres’ ability to engage with new parents. Sharing the live-birth data would make a significant contribution to enabling centres to identify within their reach area the new parents with whom they have not yet been in contact; allowing them to target those parents they may have missed and reach out to them accordingly.

Your Lordships may feel that this second amendment is a little bit deficient in that it is not ambitious enough, because there are other areas that children’s centres could be advised about better—for instance, the troubled families agenda. Centres do not necessarily know about who Louise Casey is dealing with through the troubled families agenda. Also, there are things called multi-agency risk assessment conference boards, dealing with domestic violence. Again, children’s centres could benefit by being given information about what those boards know about so that they can reach out to families where there is domestic violence. So your Lordships may feel that something further should be added to this amendment and more information should be shared with children’s centres. I hope that the Minister will be sympathetic to this second amendment, too. I beg to move.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I will speak to Amendments 247 to 249 in our names. In doing so, I would like to support the amendments of the noble Earl, Lord Listowel, which are very much on a similar theme.

Our first amendment, Amendment 247, seeks to improve the information available on children’s centres and to hold the Government to account for their failure to deliver a vibrant network of children’s centres since coming into office. It requires the information to be published separately and regularly so that the trends can be clearly observed. The information that is collated on children’s centres is buried and inaccessible. It is tempting to say that this is deliberate since the Government do not want to admit that the Prime Minister has broken the commitment he gave before the election to protect the Sure Start network.

Thankfully, as a result of the work of 4Children and its 2013 children centre census, we now know that 566 fewer children’s centres are serving our communities, and that many of those that still exist are having to cut their hours or charge for services. This is a very long way from the concept of universal early-years provision, which was so welcomed when it was introduced by the previous Government. We would like to see the data set out in a structured and accessible form.

Amendment 248 on the issue of birth registration is similar to that raised by the noble Earl, Lord Listowel. Like him, we believe that there are very real advantages in births being registered at children’s centres. It would encourage a wider group of parents to visit the centres and become aware of the services on offer. It would also enable the staff to have a point of contact to reach out to isolated or dysfunctional families and offer them help.

We have often rehearsed the arguments in favour of early intervention to improve children’s life chances. The reports of Graham Allen and Frank Field both demonstrated that money spent on early years is cost effective in the longer term and helps children meet their full potential. The National Children’s Bureau’s literacy initiative is an excellent example of early intervention that can grow out of children’s centres, combining home visits with increased parental involvement in other well-being events and a dramatic improvement in child literacy. That is just one example.

Unfortunately, while it is possible to use children’s centres for birth registration if the local authority agrees, as the noble Earl, Lord Listowel, pointed out, so far only 6% of centres do that. I hope that the Minister will feel able to support our amendment, given that her own department gave evidence to the Sure Start report highlighting the advantages of birth registration at children’s centres. Our amendment requires the Secretary of State to commission an independent study into the impact on the welfare of children of requiring births to be registered in this way, supported by the option of pilot schemes to inform the study.

Finally, Amendment 249 is also similar to that of the noble Earl, Lord Listowel. It requires NHS trusts to share details of live births with local authorities so that children’s centres and other early-years providers could follow up with appropriate outreach services. Again, there is good practice in some places where data are already shared. Other trusts feel that they are unable or unwilling to share and are concerned about confidentiality issues. This is where the Government could help by being much clearer about the advantages of sharing and the terms on which it should be done. How can local authorities be expected to carry out their safeguarding and child welfare responsibilities or plan adequately for local services if they are not made aware of the total picture of births in their area?

I hope the Minister will support our amendments. When this matter was discussed in the Commons, Jo Swinson reported that a short-life task and finish group had been set up to consider these issues and that it had subsequently made recommendations to the Minister. I hope the noble Baroness, Lady Northover, is now in a position to share those recommendations with us, and to tell us what action will be taken to follow it up. I look forward to hearing from her.

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I think I have addressed most of the issues, but I will get back to noble Lords if need be. I urge the noble Earl to withdraw his amendment.

[Baroness Jones of Whitchurch]

Will the Minister say a little more about the Jo Swinson task-and-finish group? I understand that culture and professional practice were barriers to data sharing, but did any positive recommendations come out of that group that the Government are intending to take forward, or just a list of barriers that make these things more difficult?

[Baroness Northover]

I think it would be best if I wrote to the noble Baroness with further details and copied the letter to other noble Lords, who will clearly be very interested in what the group reported.

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The coalition Government made a commitment in 2010, as we have said before, to give due consideration to the UNCRC when making new policy and legislation. A freedom of information request sent to 17 government departments found that only the Department for Education had conducted any detailed analysis of its policies in relation to the UNCRC. Three departments stated that they did not hold the information requested, suggesting that they do nothing to assess the compatibility of their policies with the UNCRC. Other departments gave inadequate responses, indicating that systematic analysis had not taken place. In June this year, the All-Party Parliamentary Group for Children, which I chair, and which has many members present this evening, called on the Government to introduce a legal obligation for public bodies to have due regard for children’s rights under the UNCRC in making decisions affecting children. The group recommended that an amendment be introduced to the Bill to give legislative weight to the Government’s commitment to give due regard to the UNCRC. I still support that recommendation.

[Baroness Jones of Whitchurch]

My Lords, I shall speak to Amendment 251. It would allow the Children’s Commissioner to conduct an investigation into the case of an individual child in specific circumstances which enable the commissioner to fulfil his or her primary purpose, which is defined as his or her strategic role. This principle, which underpins the existence of the Office of the Children’s Commissioner, is accepted by everyone. This amendment seeks not to undermine it, but to aid the Children’s Commissioner in its pursuit.

We believe that the current proposed wording serves to undermine the ability of the commissioner to work strategically. Five years ago, Meltem Avcil, a 14 year-old girl, slashed her wrists when her bail application was turned down when she was detained at Yarl’s Wood detention centre. After self-harming, the child was handcuffed to a hospital bed. The then Children’s Commissioner for England, Al Aynsley-Green, investigated her case of self-harm. His report concluded that detaining the child for 80 days had amounted to inhuman treatment and recommended public policy changes to avoid such events occurring in the future. This is just one example of where the ability to investigate an individual case has advanced the strategic work of the Children’s Commissioner.

Another example is from Wales, where an investigation into specific cases of school exclusion led to the discovery that children were routinely informally excluded for prolonged periods in a manner that was against their interests. When this was debated in the Commons, the Minister, Edward Timpson, responded that the injunction on such investigations was to prevent the commissioner,

“becoming bogged down in individual casework at the expense of the OCC’s strategic role”.

That is an unsatisfactory response; it is clear that specific investigations can serve to aid a strategic approach.

Our amendment does not allow the commissioner carte blanche to engage in investigations or, indeed, make the commissioner feel under an obligation to investigate all individual cases which he or she receives. Instead, it is highly limiting and restricts investigations to when it is judged that they can genuinely advance the commissioner’s strategic role. Furthermore, the wording of our amendment also serves as a rebuttal to the suggestion that it would create a presumption that casework was part of the commissioner’s role and that it offered an alternate point of appeal to existing channels.

There also appears to be an element of confusion among Ministers. Mr Timpson said that it is “simply not possible” for the commissioner to investigate individual cases,

“without the commissioner’s strategic role being compromised”.

Nevertheless, in further discussion, he proceeded to point to other provisions in the Bill which allow the commissioner to,

“initiate a formal inquiry into the case of an individual child where he or she considers that it raises issues of public policy that are relevant to the other children under the separate inquiry function”.—[Official Report, Commons, Children and Families Bill Committee, 23/4/13; cols. 681-82.]

That is an apparent tacit admission that it is possible for the commissioner to investigate individual cases without compromising his strategic role. Unfortunately, the Bill makes it clear that that simply will not be possible in future. All of us accept the fundamental importance of the strategic role of the Office of the Children’s Commissioner yet it also seems obvious that this can be properly pursued only if the commissioner has the freedom fully to investigate individual cases in very specific instances. Our amendment seeks to find the appropriate wording to ensure that this can occur. I hope that the Minister will feel able to support our proposal, if not the exact wording of our amendment.

[Viscount Eccles]

My Lords, I have a third amendment in this group, to Schedule 6 and on a very different subject. It is proposed that the Children’s Rights Director, who is part of Ofsted, is to be transferred to the Office of the Children’s Commissioner, taking the duties and powers of the office with him. Is that already happening? If it is, will the resources that are transferred balance with the duties and the costs of carrying out those duties in such a way as to make no material difference to the Office of the Children’s Commissioner in respect of resources?