Children and Families Bill

Debate between Baroness Northover and Lord Northbourne

Monday 14th October 2013 Grand Committee

[Baroness Howarth of Breckland]

There are some difficulties on this side.

[Lord Northbourne (CB)]

I confess to being one of those who finds it difficult.

[Baroness Northover]

Okay, I shall shout loudly.

I shall speak first to Amendments 26 and 29 on the issue of assessment and support for children returning home from care to their families. As the noble Earl, Lord Listowel, pointed out, and as research has shown, almost half the children who return home later re-enter care, and almost one-third of those children have very poor experiences of that return. This is clearly unacceptable, and we recognise that. The noble Earl gave a very compelling instance of this, which was echoed by my noble friend Lady Hamwee.

This area is a priority for the department, which is why we established an expert group over a year ago to help us to understand and drive forward the improvements that we recognise are needed. The group includes academics, local authority representatives and sector organisations such as the Family Rights Group, the Who Cares? Trust and the NSPCC. We thank them for their work in this area. We are particularly pleased that the NSPCC is undertaking research in this area to understand how decision-making and support can be improved for these families. This will and must include ensuring that the voice of the child is at the heart of all decision-making, and I hope that that will reassure the noble Baroness, Lady Howe, my noble friend Lady Walmsley, and others. The working group has focused on how data can be used effectively to support local authority practice improvements, identify the areas where the statutory framework needs strengthening, and help us understand how we can support changes in practice that are effective and sustainable.

The current statutory framework clearly sets out requirements to return a child to their parents and to provide information about the support services available for these families. It is important to acknowledge that the statutory framework is different for those children who are subject to a care order and return home and those children who have been voluntarily accommodated and then return. The current statutory framework clearly sets out the requirements for placing a child with their parents—that is, when a child will remain subject to a care order after returning home. For example, a robust assessment of the parents’ suitability to care for their child must be undertaken; a nominated officer must be satisfied that the decision to return a child to the care of their parents will safeguard and promote the child’s welfare; and the local authority must continue to review the child’s case, setting out the services and supports in the child’s care plan and reviewing this regularly. However, the statutory framework for voluntarily accommodated children is not as strong—and noble Lords are clearly aware of that. That is why we are consulting on changes that might be made to this.

The Improving Permanence for Looked After Children consultation launched on 30 September includes a number of proposals to address the issues faced by voluntarily accommodated children in returning home. We want to strengthen the statutory framework to ensure that the decision to return voluntarily accommodated children is taken by a nominated officer, that the plan for support following the return home is clearly set out and reviewed, and that these children and their families are offered continuing visits and support from the local authority following the return. Those are some of the issues that noble Lords have just raised and which the noble Baroness, Lady Armstrong, highlighted. Also, the department’s evidence-based intervention programmes announced in February 2013 include interventions forsome of the children who often return home, such as teenagers. There is, for example, a focus on developing multisystemic therapy and family integrated transitions; this intervention supports children and young people returning home from care or custody.

We also propose to place a duty on local authorities to review a child’s case within a specified framework where the return home is unplanned. The consultation on these changes will close at the end of November, and we expect to publish our response in the spring, with the changes coming into force in the summer of 2014. I hope very much that noble Lords will take advantage of this consultation and feed in their experience, expertise and ideas effectively by the end of November.

I now turn to Amendments 30 and 31, which refer to information and support available to special guardians. Special guardians do a very important job, which we heard from both the noble Baroness, Lady Massey, and my noble friend Lady Walmsley. We agree that we need to look at whether they are being given sufficient support. The department therefore commissioned the University of York in March 2012 to carry out a two-year research project to investigate how special guardianship was working in practice, and the rates and reasons for any breakdowns. The final report is expected in autumn 2014. This is a major piece of research which will help us to understand how well special guardianship is supporting children and families.

We are planning to pilot personal budgets, as noble Lords know, as part of the adoption support fund prototypes over the next 18 months, to see how they work in practice and whether they deliver the benefits that we expect. These pilots, alongside the richer understanding that we will have by then of the way in which special guardianship is working, will allow us to reach an informed view about the potential for personal budgets for special guardians. If there is a need to change the statutory framework we will consider what secondary legislation and statutory guidance needs to be brought forward and will consult on these before implementation. I hope, again, that noble Lords are reassured by the work going on. I hope, therefore, that I have given noble Lords sufficient reassurance that the Government recognise and are committed to working towards supporting birth parents and special guardians, and that the noble Earl will withdraw his amendment.