Children and Social Work Bill [HL]

Debate between Baroness Wheeler and Lord Nash

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

[Baroness Wheeler]

My Lords, I again offer the support of these Benches for Amendments 69 and 71, the case for which has been comprehensively set out and argued today by the noble Baroness, Lady Walmsley, and other noble Lords, and in the debate in Committee. Like other noble Lords, I am grateful for the excellent briefings and guidance from the Children’s Rights Alliance for England, the Equality and Human Rights Commission and the Joint Committee on Human Rights. All three bodies underlined the key opportunity presented by the Bill to promote the rights and well-being of children in care and care leavers by placing a statutory duty on public authorities to have due regard to the UN convention.

Like other noble Lords, I hope that the Minister has reflected on his assertion in Committee that a statutory UNCRC duty would not have any real impact on children’s lives. He knows that the 2010 ministerial commitment to give due consideration to the CRC in all new legislation and policy has not led to the widespread change in mindset and culture across government departments that he acknowledges is vitally needed. Implementation of the Written Ministerial Statement has been both piecemeal and ad hoc, as we have heard.

The CRAE freedom of information discovery, and the single Department for Education example across government of any detailed analysis of the CRC and children’s rights being undertaken—and then only on one Bill—show just how far away we are from children’s rights routinely informing the development of law, policy and everyday practice nationally and locally. Indeed, the EHRC has pointed out that the DfE did not go into the level of detail that would have been expected had the statutory obligation been in force. For example, it did not look at the numbers of children affected or of those disproportionately affected, or provide a sufficient level of evidence to explain how conclusions on projected impacts had been reached. I look forward to hearing the Minister’s view of the experience of embedding children’s rights in law in Scotland and Wales, because there is strong evidence, as noble Lords have underlined, that the measures taken in both countries are starting to have the meaningful and practical effect he seeks.

Under Amendment 71, a children’s rights framework would embed the CRC within children’s services and public authorities working with children and families in England. Although many local authorities make reference to the CRC, few have an explicit child rights plan or strategy in place, and there is limited knowledge and understanding of the value of the child rights impact assessment as a key tool. A consistent approach to policy and practice is needed, using the CRC as a framework with nationally available guidance and support.

In a period of unprecedented cuts to public and local authority services, using the CRC to help safeguard children’s rights and ensure a rights-based approach to services is more important than ever. The CRAE has emphasised that too many children continue to experience daily systematic violations of their rights. Just last week we saw Shelter’s shocking report estimating that at least 121,000 homeless children in England, Scotland and Wales face Christmas in stopgap lodgings—the highest figure since 2007.

As the noble Lord, Lord Ramsbotham, underlined, this year’s report from the UN Committee on the Rights of the Child expressed serious concern at the impact of the Government’s recent fiscal policies and allocation of resources, and the disproportionate effect on disadvantaged children. I hope the Government will seize the opportunity presented by these amendments to address these very worrying concerns.

[Lord Nash]

My Lords, I am grateful to noble Lords for their amendments and for raising the important matter of the United Nations Convention on the Rights of the Child. This Government recognise the importance of the UNCRC and are fully committed to giving due consideration to the articles when making new policies and legislation. I also reassure noble Lords that one of the top priorities for this Government is the safety and well-being of children. In July, the Department for Education set out its vision of how reform of the children’s social care system will bring about improved outcomes for all children, particularly the most vulnerable.

At a local and national level, listening to the voices of children when determining what policies to develop, how those polices should be implemented and what services should be developed, should be second nature to us. Indeed, the Children Act 1989 requires that the local authority shall give due consideration to the child or young person’s wishes and feelings, having regard to their age and understanding, when taking decisions about them. We believe that the way to promote children’s rights is for strong practitioners locally to listen to children and to act in ways which best meet their needs. A duty alone will not do that, and risks practitioners focusing on the wording of the legislation rather than on practice. The Government will consider how best to strengthen compliance with the convention in a way which promotes better practice and a culture of focusing on children’s rights. In doing so, we will pay close attention to what is happening in Scotland and Wales.

Noble Lords will know that earlier this year in Geneva, the UK was commended for great strides made in legislation and in guidance to ensure that all children are protected from harm. Since the summer, the Government have reaffirmed their commitment to the UNCRC through a Written Ministerial Statement from the Minister for Vulnerable Children and Families. This reinforced our view that to achieve implementation of the UNCRC, every department across Westminster must be proactive in considering children’s rights in policy-making. This was followed up with a letter from the DfE Permanent Secretary, Jonathan Slater, to his counterparts across government, challenging them and all their officials to keep the principles and conventions of the UNCRC at the centre of their policy-making and implementation, and to engage children and young people in the process. We are talking to the Children’s Commissioner about how she might hold the Government to account in this respect. It is important that officials are equipped with the right knowledge and skills to make sure they can reflect children’s rights within a policy framework, and we are looking at how to introduce a cross-Whitehall learning and development programme to help officials develop the best policies that take account of children’s rights and work effectively for children.

Noble Lords who have tabled these amendments clearly have considerable expertise and experience in this area, and they raise a very important point about whether more can be done in England to ensure that children’s rights are reflected adequately in our policy-making and implementation. I am grateful to noble Lords for tabling these amendments. I emphasise, however, that introducing new duties is not a step to be taken lightly. There are a number of additional steps we could consider, and we are keen to explore the benefits of the different potential approaches before deciding what further action might be taken. We therefore intend to revisit the significant action already taken to embed the UNCRC across Whitehall and beyond, and consider where there are opportunities to go further to better achieve the outcome we all want: for the rights of children to inform our policy thinking and service delivery.

Children and Social Work Bill [HL]

Debate between Baroness Wheeler and Lord Nash

Tuesday 18th October 2016 Lords Chamber

[Lord Nash]

My Lords, I shall speak first to Amendments 43 and 44, which concern changes to Clause 13. These changes remove the duty on local authorities to notify the Child Safeguarding Practice Review Panel of deaths of children in regulated settings and of looked-after children. Under the original wording of the clause, notifications would have been required irrespective of whether these children had been abused or neglected. I assure noble Lords that this in no way weakens the scope of the panel’s powers. All cases where the local authority knows of or suspects abuse or neglect, including of looked-after children and of children in regulated settings, such as children’s homes and secure institutions, must still be notified to the panel under the general duty to notify cases of death or serious harm. These amendments will mean that cases for which the panel has no specific remit should not be notified.

The addition of a new notification criterion under new Section 16C(1)(b) clarifies that it is the responsibility of the local authority where the child is normally resident to notify when a child dies or is seriously harmed while outside England and when abuse or neglect is known or suspected. This responsibility to notify when the child dies or is seriously harmed while outside England will provide local authorities with clear accountability for notifying such events.

I should stress that “outside England” includes where the incidents occur in the devolved Administrations as well as overseas. I should also stress that local authorities will be obliged to notify only incidents of which they are aware and which they know or suspect meet the criteria. The provision will enable the panel to consider potentially serious events that occur outside England. The amendment also makes clear which local authority is responsible for notifying relevant events that take place within England. By making the local authority in which an incident occurs responsible for the notification, it is more likely that incidents will be notified swiftly.

Amendment 44 is a technical change in response to changes made by Amendment 43. The removal of paragraph (d) of new Section 16C(1) means that the requirement for regulated settings to be given a meaning in regulations is redundant.

I shall speak also to Amendments 49, 50 and 51, concerning child death reviews. Amendment 49 provides further clarification of the scope of the child death review arrangements. It will explicitly enable child death review partners to review the death of a child not normally resident in their local area in order to ensure that improvements can be made, especially in the area where the death occurred. Amendment 50 is a minor technical amendment to allow for the introduction of Amendment 49. Amendment 51 sharpens the terminology of what should be reviewed and analysed by child death review partners by making it clear that they should review the death or deaths relevant to the welfare of children in the area or to public health and safety.

Clarifying the powers of the child death review partners to enable them to review the deaths of children not normally resident in the area will increase the opportunities for improvements in learning with regard to child deaths. For example, if a child normally resident out of the country dies as a result of an accident in a play area in an English local area, it is currently unlikely that the learning from that death will be disseminated to the local area in which the child died. We want to improve the opportunities for local areas to identify what more can be done to reduce the risks of any child dying, whether or not they are normally resident in the relevant local area. These amendments will clarify the responsibilities of child death review partners to do this where they consider it appropriate. I beg to move.

[Baroness Wheeler (Lab)]

My Lords, I thank the Minister for his introduction to this group of amendments and I will be brief. As we stated in Committee, we broadly welcome the section on the child death reviews, and now these amendments that address the outstanding issues and concerns that were raised. In particular, we note the Government’s response in Amendments 43 and 44 to the Delegated Powers and Regulatory Reform Committee’s concerns in its first report on the Bill that the Bill should contain a definition of the regulated settings in which a child death would trigger a notification to the safeguarding practice review panel. The committee rightly underlined that the definition of regulated settings would be fundamental in determining the scope of a local authority’s duty to provide information about cases to the panel.

The Minister, in his response letter of 11 October to the committee, and now in Amendment 43, has, in our view rightly, come to the conclusion that a broader definition under Clause 13 of notification by local authorities to the panel of a child’s death or of serious harm should also apply to looked-after children and children in any other regulated setting. Amendment 44 therefore removes the reference to regulated settings from the Bill, and we welcome this.

Amendment 49 enables child death review partners to review child deaths taking place in an area where children are not normally resident. We welcome this, too, in addition to the related powers that they will have to seek and analyse information related to such cases. The Wood review into the role and functions of local safeguarding children’s boards and children’s deaths overview panels highlighted the substantial problems in gathering and analysing data on child deaths. This proposal, combined with the general obligations that will be imposed with regard to gathering, providing and reporting will, I hope, begin to address this important issue.

Children and Social Work Bill [HL]

Debate between Baroness Wheeler and Lord Nash

Monday 4th July 2016 Grand Committee

[Lord Nash]

The answer to that is yes.

[Baroness Wheeler]

My Lords, I thank the Minister for his response and for undertaking to look at the New Belongings project. He is right: there is a dissemination event for the project on Friday. It is very widely subscribed, I look forward to it and I am sure that a number of noble Lords and others here will be attending.

I am disappointed that the Government do not consider the need for a statement of minimum standards. Many local authorities do not have the support or resources to work out what is needed, so national standards and national guidance are very important. I understand what the Minister says about raising the bar and aiming high, but the reality is that many authorities struggle to reach the bar at all. This goes back to the issue of consistency of approach and avoiding variations in standards across the country that the noble Lord, Lord Ramsbotham, and others have referred to.

The introduction of the local offer arrangements in themselves do not necessarily lead to a step change in improvements. Detailed consideration needs to be given to how they will operate in practice, what impact they will have and how we can ensure that the offer is there for all and not just for some, depending on where they live. Minimum standards for services and the important issue of extending offers to care leavers up to the age of 25 are important, and I am grateful that the Minister said that he would look at this again. I shall read his comments very carefully but we will certainly return to these matters on Report.