Children and Social Work Bill [HL]

Baroness Pinnock Excerpts

Wednesday 6th July 2016 Grand Committee

Moved by

[Baroness Pinnock]

99B: Before Clause 11, insert the following new Clause—
“Early intervention
A local authority must put in place early intervention strategies to prevent children and young people in their area who are on the Troubled Families Programme going into care, which may include providing those children with specific support.”

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[Baroness Pinnock (LD)]

My Lords, on both previous Committee days and at Second Reading, there has been a reference to the importance of early intervention and prevention strategies. Amendment 99B adds a clause that draws attention to the fact that early intervention and prevention is a better outcome for the child and may be as cost-effective as well.

The thrust of this whole Bill is to improve outcomes for care leavers because, currently, however good the foster or residential care, these children do not, on average, do nearly as well as they might otherwise. The Government’s troubled families programme has demonstrated that a collaborative approach from government and local authorities in a well-defined, focused way, can turn lives around, and prevent children from going into care. As set out in the Queen’s Speech, the programme is now being expanded to work with up to a further 400,000 families in the years ahead, targeting a wider range of families with a wider range of problems—including debt, drug and alcohol addiction, mental and physical health problems—and children under the age of five.

Unfortunately, the Government have halved the cost benefit to local authorities in this phase of the programme. For example, in Leeds, the city council’s families first programme—a much more positive way of naming it—focuses particularly on families with youngsters classed as children in need by social services. Many of the 1,300 families identified so far have come via reports of domestic violence. Police already refer any household where they find children are resident, when they are called to an alleged incident, to social work teams. These families typify those in which children are often taken into the care system. We know that once children are taken into the care system, the outcomes for them are not particularly promising. There is also a significant cost to the public purse. While there is a huge range, the National Audit Office figures from 2014 for the average cost of maintaining a child in foster care is about £500 a week. In residential care—again with a very wide range—the average cost is about £2,500 per week.

This month, the Government published the document, Putting Children First—Delivering our Vision for Excellent Children’s Social Care. Paragraph 139 states:

“The Troubled Families Programme is undoubtedly one programme already adding to our understanding of what works to support complex families to secure better life chances for themselves and for their children, to avoid the need for children’s social care to get involved, and to break the cycle of disadvantage, in particular through getting parents into work. The Programme continues to be a key plank of the government’s life chances agenda, and will increase its focus on improving parenting, family stability and ensuring pre-school children within the Troubled Families cohort are meeting child development milestones.

All that we have heard so far, and indeed what is set out in the Government’s own strategy, suggests that what we ought to be doing is putting much more emphasis on early intervention and prevention. It would be helpful to have in the Bill a reference to that in order to ensure that the focus of those who have to put it into effect look first at early intervention and prevention strategies rather than focusing on improving the lives of children who have been taken into the care system. That would be in line with what the Government’s intentions seem to be, according to the document from which I have just quoted. From what I have read in government sources, focusing on intervention and prevention can result in a much better future for a child and represents a cost saving for the local authority, hence the purpose of this amendment. I beg to move.

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[Baroness Pinnock]

I thank the Minister for that response and for quoting the subsequent paragraph to the one I quoted. The current troubled families programme does not necessarily focus on children who, as it states, are,

“right on the edge or just within children’s social care”.

What the role of children’s social care should be for those children is what needs to be focused on. That is the purpose of the amendment that I put before your Lordships’ Committee. Focusing on the troubled families programme does not necessarily meet the needs of those children right on the edge of going into care. The more we can do through interventions to ensure that those children do not go into care, the better it will be for them and, indeed, for the public purse. With those comments, I thank the Minister for his response and beg leave to withdraw the amendment.

Amendment 99B withdrawn.

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[Lord Watson of Invergowrie]

My Lords, Amendments 101 and 102 are in my name and that of my noble friend Lord Hunt. The Bill establishes a national Child Safeguarding Practice Review Panel. Concerns have been raised about a potential diminution of local accountability and about the panel being rather too closely linked to the Secretary of State, which could undermine the independence of the reviews undertaken and limit the ability to suggest meaningful change at national level.

We hope that these issues can be appropriately dealt with, but in general we welcome the introduction of the panel and the Government’s decision to adopt some of the recommendations in the Wood review on local safeguarding children boards and serious case reviews. At their best, serious case reviews offer an opportunity to review current practice, alter systems that are ineffective and provide insight into some of the problems that face the wide range of professionals responsible for the safety of vulnerable children. A system that adds weight to the process and encourages the development of expertise in this area is therefore welcome.

Part of our concern with the Bill as a whole relates to the large extent to which it relies on secondary legislation. The establishment of the Child Safeguarding Practice Review Panel does not even have that fig-leaf, because the Bill allows the Secretary of State to make any arrangements she thinks fit when establishing the panel. We believe that is not good enough. The panel will consider serious child safeguarding cases and form an important part of the landscape in the months and years ahead. It is an important part of the Bill, and therefore requires oversight. The arrangements for establishing the panel should be for affirmative regulations, offering your Lordships’ House the opportunity to consider the draft regulations and express its opinion.

As for Amendment 102, the appointment of the chair of the panel will be important, particularly in the first instance. There is no reason why the Secretary of State should not have enough confidence in the person whom she decides to appoint to that position for him or her to face a pre-appointment hearing with the Education Select Committee. The committee contains considerable experience, and a public hearing will provide the wider sector the opportunity to get an understanding of the potential strengths of the Secretary of State’s candidate. I beg to move.

[Baroness Pinnock]

My Lords, I will respond to what the noble Lord, Lord Watson, has said. I totally agree with him that the proposals in the Bill are so important that they ought to be subject to the statutory instrument procedure that he defined. In particular, the chair of this safeguarding review panel should be appointed after a public hearing with the Education Select Committee has taken place. The noble Lord has our support.

[Baroness Howarth of Breckland]

My Lords, I declare an interest as a vice-president of the Local Government Association, which is particularly concerned that the national panel is too closely controlled by the Secretary of State. The association believes that that risks politicising the serious case review process. If reviewers are to identify the root cause of safeguarding failings, the association believes that they must be fully independent of government control to ensure that they are able to consider without undue influence whether changes are required at both the national and the local level. The association also believes that to ensure that reviews of national significance are able to pass comment on the impact of national policies without undue influence, they must be able to identify these root causes, again without undue political interference. I therefore support Amendments 101 and 102.

It is important to recognise that the Local Government Association, which wants to work with this process and take some of it forward, has these concerns. We are in this position as a result of having so little time to look at these amendments. The basic principles are probably ones with which we would all agree but there are some fundamental flaws in the way the process is being put together.

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[Lord Nash]

My Lords, I am grateful to the noble Lord, Lord Warner, for Amendment 103. It raises important issues which I welcome the opportunity to address.

[Baroness Pinnock]

My Lords, I think there was some confusion over which of us was going to speak. The noble Baroness, Lady Meacher, who gave notice of her intention to oppose the Question that Clause 11 should stand part, is not present, so with the Minister’s permission I will speak to that element in the group.

There is a fundamental concern about the proposal in Clause 11. It does not have anything to do with the establishment of a national safeguarding review panel, which is appropriate, but what it contains and the way it is defined in the Bill are of concern because apparently it will remove local responsibility and accountability for the most serious of child abuse and harm incidents. The current situation is that local safeguarding children boards follow statutory guidance for conducting a serious case review. The LSCB itself is chaired by an independent expert and includes representatives from local NHS organisations, the local authority, probation, housing, the voluntary sector and so on.

Following a serious case of harm to a child, the LSCB must notify the national panel of independent experts and Ofsted. It will then appoint one or more reviewers to lead the serious case review. The lead reviewer must be independent of the LSCB and any other organisations which are involved in the case. The LSCB should also submit the names of the reviewers to the national panel of independent experts. The key factors in the existing process are that the chair is independent and formally agreed to by a national panel of independent experts and that, crucially, representations can be made in the same geographical area by individuals who were involved with the child and the family and thus have an understanding of the local context.

None of this is to deny the positive contribution that potentially can be made by establishing a national panel to improve national learning from these serious case reviews. What is unfortunate is that local knowledge and understanding may be lost and, worse still, that a national panel would take away local responsibility from those who are charged with safeguarding children. A national hearing can seem remote. It will lose the local context and therefore the nuances of understanding in these most complex of situations. It would be most helpful if the Minister would be willing to set up a meeting for those of us who are concerned about the implications of these proposals so that we can discuss these matters. It is not because we oppose them, but because we are concerned about how they will be implemented.

I shall refer again to the review document which I think was published yesterday. Paragraph 118 on page 55 refers to Alan Wood on the role and functions of the local safeguarding children boards. He wants to set up a stronger statutory framework that will introduce greater accountability for the three key agencies involved in safeguarding children; namely local authorities, local police and the local health service. That is why I was willing to oppose the question that Clause 11 should stand part so that these issues can be explored further before we make a decision to move to a national safeguarding review panel for the most important and serious cases, thus eliminating local involvement, responsibility and accountability. I think that that is very important if we are to make progress in preventing, if possible, some of these serious incidents. But certainly we should get national learning from the local example.

[Lord Watson of Invergowrie]

The noble Baroness, Lady Pinnock, has raised some important points and the name of my noble friend Lord Hunt is also on the clause stand part debate. We do not propose to do that just now; we think the broad principles can be transferred to the debate that we shall have on Monday on the next section or group. We shall say no more at this stage.