Children and Social Work Bill [HL]

Debate between Baroness Massey of Darwen and Baroness Butler-Sloss

Wednesday 29th June 2016 Grand Committee

[Baroness Butler-Sloss]

My Lords, first, I apologise for Amendment 28A. That is my fault because, having been asked to table the amendment in something of a hurry—I endorse very much what the noble Lord, Lord Ramsbotham, said about this all coming rather quickly—I am afraid I did not read through the list of amendments sufficiently carefully. Nor, I have to say, did the Public Bill Office, which happily tabled it. I have apologised to the Minister’s Bill team for the fact that two identical amendments have been tabled. However, I would like to speak briefly to it.

Various groups of children, such as those under the age of 18 or children who are leavers from care, may need legal advice. One such group are English children caught up in their parents’ unhappy divorce or separation proceedings, where they, or one parent—usually the mother—may be the victim of very serious domestic abuse. Currently, there is absolutely no legal aid in private law family proceedings. The judge or magistrates have to try to find out what is going on. A report, the name of which escapes me, talks about this great concern in relation to the private and public law sectors. On the nub of those two areas, some children who are the victims of what is going on in the family are not discovered, so their problems come up in the private law sector where their parents are not entitled to legal aid and there may or may not be good CAFCASS support because CAFCASS may or may not be asked to become involved until a very late stage. The welfare of such children is paramount under the Children Act, yet at the moment they are unlikely to get proper representation in proceedings where their parents have no representation and where their manifest needs may be overlooked because the judge or the magistrates do not have the information that is needed. That is one group who need this legal representation for children and young people.

As many Members of this House know, I spend a lot of my time involved in combating child trafficking. The children involved in this are a very special group. Generally, they come from overseas and many lack much, if not all, English. They may or may not go through the national referral mechanism. Some of them emerge on the streets of London and other places. They very much need all the help they can get. One of the things they need is legal representation to fight their way through the absolute maze of the various aspects that may hit them. Immigration is the most important but is by no means the only one. They need someone to help them. They need an independent trafficking advocate, who we have talked about. The Minister in the Commons has said that that issue is being looked at again with further pilots. However, these children also need legal representation.

I remind the Minister that the Government have now said that they will look after some at least of the 26,000 or 28,000 unaccompanied children who are stuck somewhere in Europe, although they do not seem to have begun to implement this policy. There has now been a promise to have some of them in this country. They perhaps more than almost anyone else will need the help of lawyers. This is therefore a very important amendment. I commend it to the Committee.

[Baroness Massey of Darwen (Lab)]

My Lords, these are extremely important amendments from the noble Lord, Lord Ramsbotham, and, by default, the noble and learned Baroness, Lady Butler-Sloss. I too want to talk about child migrants and children who are trafficked. I am not a lawyer but I know that there are lawyers in the Room, so I hope that they will be able to reinforce these issues if I am right about them. It seems to me that child victims of trafficking from abroad are often left entirely on their own to navigate the immigration system, the criminal and family justice systems and the national referral mechanism mentioned by the noble and learned Baroness, Lady Butler-Sloss, without the support of anyone with parental responsibility for them. There seems to be no further announcement on the second pilot for independent child trafficking advocates, so I would like to know what is happening there.

UNICEF has pointed out that for children who have been trafficked there are apparently no monitoring systems to track outcomes for them once they leave care. Therefore, it is difficult to review cases and analyse long-term outcomes. Recent evidence presented to the Refugee Children’s Consortium suggests that there is not enough access to legal advice in a child’s care plan. There should be an active duty to promote this access for these children, who are extremely vulnerable.

Currently, the guidance on unaccompanied asylum-seeking children sets out that social workers should understand how to access specialist immigration legal advice. However, this advice is often sought too late for children. Further, it is important that children in local authority care are able to access legal advice on other areas of law. Children can require a broad spectrum of legal intervention to ensure that their best interests are represented: for example, to stay in education, to access support for their special educational needs or to gain compensation from a perpetrator.

The UN Committee on the Rights of the Child’s concluding observations on the UK Government’s fifth report noted that some children in care do not feel listened to and that unaccompanied migrant and asylum-seeking children may not receive independent legal advice. Figures gathered by the Children’s Society show that almost all unaccompanied children’s immigration cases would be out of the scope for legal aid. This is not a satisfactory picture, and I would like reassurance from the Minister that it will be looked at. We may well need to bring it back at a later stage of the Bill.

Children and Families Bill

Debate between Baroness Massey of Darwen and Baroness Butler-Sloss

Wednesday 16th October 2013 Grand Committee

[Baroness Massey of Darwen (Lab)]

My Lords, we are all aware of the passionate concern of the noble Lord, Lord McColl, for victims of trafficking, and of the concern of the noble and learned Baroness, Lady Butler-Sloss. I support the amendment strongly and do so as patron of the child trafficking unit at the University of Bedfordshire, which does amazing work in supporting young people who have been trafficked. The issue foremost in its mind is the importance of guardianship and advocacy. Children are still at risk and the present arrangements are not adequate. The noble Lord, Lord McColl, eloquently detailed the need for guardianship, and I wish to add a few remarks.

I remember when the noble Lord, Lord McColl, introduced the Second Reading of his Private Member’s Bill on human trafficking to the House in November 2011. These issues came up then. The right reverend Prelate the Bishop of St Edmundsbury and Ipswich spoke of trafficking being an issue for our common humanity. Nothing seems to have changed and, in particular, children who are trafficked need all the help they can get. A guardian who advocates in the best interests of the child is a vital element in that support.

Many of these children remain unidentified unless they are associated with criminal offences. I am thinking of young boys who work in cannabis factories, of which, I read in the newspaper, there are about 500,000 in this country. These boys get caught and the bosses escape. I am thinking of girls sold into the sex trade, who have their passports removed and are kept locked away to have sex with dozens of men a day or are sold into domestic slavery. Sometimes, if these children escape or are discovered, they are passed around the systems. They do not speak much English and they have no knowledge of the support systems that might help them. Many simply go missing.

Even if they are found and receive support, it may be well meaning but inappropriate. I remember one girl who was accommodated in a flat in a suburb outside London with no friends. On Christmas Day, a social worker took round a cake. Apart from that she was isolated, and the isolation of such children can mean that they are at real risk of being unprotected and retrafficked.

These young people need a guardian, as the noble Lord, Lord McColl said, to help with language difficulties, legal issues, accommodation, finding a friendship group and protection. It may be the case that the people who trafficked the young person will come looking for them. Importantly, as the noble Lord, Lord McColl, emphasised, the guardian can help with the liaison between the agencies concerned with the child, such as police, social workers, health and education. This is an issue of child protection and should be in the plans of every local authority. Guardianship is the best way to ensure that there is a positive outcome for these children who have undergone the most horrendous and degrading experiences.

The University of Bedfordshire’s child trafficking unit provides interventions for trafficked young people, with individual and group support and education. I want to share briefly the story of one such young woman, just to show that enormous progress can be made with sympathy, understanding and formal support. I first met this young woman when she was about 17 and had been trafficked from a country in Africa. Her English was poor and she was still traumatised. Two years later she came to an event here in the Cholmondeley Room in the House of Lords, where trafficked young people presented their experiences in works of art and short speeches. The noble Lord, Lord McColl, attended and I think he was impressed. He certainly took many photographs.

The young woman I am talking about spoke very passionately to about 80 people. After the ceremony she said to me, “Did you notice anything about me today?”. I said, “Not in particular”, although she was confident, attractive and charismatic. She said, “I read my speech”. Two years earlier she could not read. This young woman, with support and encouragement from guardians and advocates, was now attending college and had ambitions. I do not think I need to say any more about the importance of guardianship and advocacy for trafficked children.

[Baroness Butler-Sloss (CB)]

My Lords, I intended to put my name to this amendment but failed to do so. I have supported each of the amendments put forward by the noble Lord, Lord McColl, and I strongly support this one. He has set out extremely effectively, supported by the noble Baroness, Lady Massey, nearly everything that needs to be said and I do not propose to say very much.

I wish to pick up on what the noble Baroness, Lady Massey, said about this being an issue of child protection, among other matters. As I said earlier this week, very often when children go missing from local authority care, the local authorities do not know that they are trafficked children. Therefore, no one is identifying them and looking for them with the special care that is required for this small group of children. They are treated as ordinary missing children who will probably come back. This is a very serious child protection issue.

The other point made by the noble Lord, Lord McColl, is so important that I shall repeat it. There is a real need for one constant person to take an interest in the child, meet the child early on, offer a mobile phone number, be at the end of a telephone and be able to answer the questions that a child with very limited or no English will need to ask someone who can be there. One of the sadnesses highlighted at the Still at Risk event that I was glad to attend yesterday is that these children have multiple social workers. We all know the underresourcing and overwork of social workers, so can they give a special degree of care to a foreign trafficked child who is not even under a care order? Consequently, they have to cope with no one person in their life.

What the noble Lord, Lord McColl, is suggesting in this amendment is crucial. We are failing a small number of grievously disadvantaged foreign children. We are talking about hundreds, not thousands. There was a particularly worrying case in Kent, where children who had been trafficked into Kent were being trafficked out by the same traffickers. Fortunately, Kent Police got hold of this, but if there had been a guardian, that guardian would have kept in touch with the child, with any luck, and would probably have been able to prevent it as they would be the one person who would know where the child was and, in any event, would be in touch with the suitable authorities to try to deal with it.

I have been talking to Barnardo’s about whether it would be prepared to offer some sort of service. The most important point that it makes is that there has to be a sufficient legal status because the majority of social services and, indeed, the NHS, talk about the confidentiality of teenage children and so on, so they will not necessarily tell somebody coming in what is going on. If the person has legal status, people have to open their records. In the absence of that sufficient legal status, a wonderful organisation, such as Barnardo’s, the NSPCC, the Children’s Society and so on, would not be able to offer that service, even if it were to be financially supported to do it.

The noble Lord, Lord McColl, has raised a very important issue. He and I were, if I may put it rather bluntly, fobbed off by the Government in 2011 and 2012 on the basis that there would be this report, and nothing is happening now. Children are going missing and are suffering the trauma of trying to cope with inadequate English through the multiplicity of agencies with which they have to deal. Quite simply, it is unjust. It is not good enough, and we as a country should be rather ashamed of ourselves.

--- Later in debate ---

[Baroness Massey of Darwen]

It was quite a welcome break in this long speech. I am moving Amendment 44 and speaking to Amendment 45. They support financial and other support to family and friends carers. I was summarising briefly the benefits to children of such care and the hardships suffered by family and friends carers. Although there is a duty on local authorities to establish a special guardianship support service, similar to adoption support, this does not give an individual carer the right to a specific service. Moreover, there is no equivalent support service for children in kinship care under a residence order or no order. A survey of family and friends carers shows that those with special guardianship orders are the most satisfied with the legal order compared to those who do not have such orders.

Secondly in the list I started earlier, despite the Government’s 2011 guidance on family and friends care, most local authorities are not proactive in supporting family and friends care. There is no dedicated family and friends care team, for example, in most local authorities. This means that the carers and children are dealt with—here we go again—by different teams in children’s services, who may not have specific expertise.

The third factor is that there are no official statistics published on the number of children in family and friends care either nationally or locally. One analysis by the University of Bristol excludes friends care, for example. Local authorities do not routinely collect such data so it is difficult to see how they can design and finance such services. The 2011 guidance is clear: it requires all English local authorities to have a family and friends care policy stating what support they would provide by September 2011. Sadly, much later after that deadline, more than 30% of local authorities still have not published a family and friends care policy. The guidance does not change the legal position but while local authorities have to provide support for looked-after children placed with family and friends carers, which is 6% of children, they do not have to provide support for the 94% of children in family and friends care who are classified as not looked after.

I am aware that, in the climate of financial restrictions, local authorities are seeking to reduce service provision and that non-statutory services are being cut. My Amendment 44, which mirrors the special guardianship support service required, seeks to redress the shortcoming by requiring local authorities to provide support to meet the identified needs of children being raised by family or friends under a private arrangement or residence order. The circumstances as to when this would apply restrict the support to children who would otherwise be in the care system because they are at risk or their parents are incapacitated, dead or in prison. I hope the Minister will be able to address these concerns and meet with the Kinship Care Alliance to discuss the urgency of this situation.

Amendment 45 seeks to insert a new Section 77A into the Social Security Contributions and Benefits Act 1992. It aims to ensure that family and friends carers receive a basic financial allowance from central government to support them in raising a child who cannot remain with their parents and would otherwise be in the care system. Support would be restricted to cases of children whose parents are incapacitated, dead or in prison. The amendment would provide the mechanism for local authorities to provide discretionary support to meet more effectively the assessed needs of children in family and friends care under residence orders or where there is no order at all. However, this does not address the additional costs to family and friends carers of raising a child who is not their own.

Of course, the legal liability for maintaining children lies with the parents at all times, even if their children are cared for by someone else. At no point does legal liability transfer to family and friends carers, except on adoption, but these carers often have existing financial responsibilities—for example, caring for an elderly relative or their own existing children.

They may apply for child benefit, although there are sometimes problems in transferring this from the parents to the carer. They may apply for tax credits according to their means, and an allowance for the child where they are in receipt of income support. However, there is no recognition in the benefits system of the additional costs of raising a child who is not their own. Caring for a child, according to the Fostering Network, is calculated to be 50% higher than the cost of caring for a birth child. This is partly due to emotional distress in the children, maintaining contact with parents and other family members and engaging with social workers and health and education staff. This is why foster carers receive specific allowances from local authorities, paid at substantially higher rates than state benefits and tax credits.

Briefly, there are four key financial issues for family and friends carers in raising a child outside the looked-after system. First, there is the immediate cost of a child coming to live with a carer, often, as I said earlier, in an unplanned or emergency situation. Secondly, there are the costs of applying for a legal order to provide the child with security and permanence. Thirdly, there is the lost income resulting from the carer reducing their working hours, leaving paid work, forgoing career opportunities or losing pension rights. Finally, there are the actual costs of raising a child, which may include a larger home, higher utility bills and so on.

When special guardianship legislation was passed, it was envisaged that many foster carers would apply for special guardianship orders for older children in their care. There have been cases of successful orders in such situations but many foster carers are reluctant to apply for such orders because they fear that the financial support received would be inadequate, as compared to the mandatory support they and the child would receive as foster carers. It is likely that more foster carers would apply for special guardianship orders if they could be guaranteed continued financial support. The regulations should be amended accordingly. I hope that these two amendments will be favourably received by the Government, so that family and friends carers get a much better deal.

[Baroness Butler-Sloss]

My Lords, I support these two amendments. I am either patron or president of the Grandparents’ Association and I have a particular example of a friend of mine, who took over the care of her goddaughter at very short notice. She would otherwise have gone into care. The social workers encouraged my friend to keep the child and to take a residence order. Eventually she got a special guardianship order, which she has at the moment, but once she got the residence order she discovered that the social workers were basically saying, “That’s fine; now we don’t have to pay you, which is a very good reason why we didn’t want you to be a foster mother”. This is not as it should be.

It is not unusual for this to happen. Family and friends who are carers are quite often treated this way. Because they are prepared to care for one of their own family or somebody close to them, it does not become the requirement of the local authority to give them any support. I battled for this friend of mine to have some support and they gave her a small amount as a sort of honorarium. It really was very small indeed. It happens that some quite young grandparents or other carers, having achieved a good position in a job and a comfortable lifestyle, suddenly find themselves, after a daughter or daughter-in-law dies, taking over the care of a child or children at short notice. Their standard of living drops dramatically, often because they can no longer keep their job. They are therefore losing their comfortable lifestyle. Not only do they have an extremely exhausting time caring for their grandchildren, who of course they love dearly. It is also very trying because they find themselves short of money in a way that they had not been when they were ordinary grandparents and out at work.

It is a real need that the noble Baroness, Lady Massey, has set out with such care and the Government really should be looking at it, because in the majority of cases local authorities will not pay if they do not have to. Many grandparents in the association with which I am connected are in the very position that I have just described.