Children and Social Work Bill [HL]

Debate between Earl of Listowel and Baroness Armstrong of Hill Top

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

[Baroness Armstrong of Hill Top (Lab)]

My Lords, I know the Minister will think that I go on about the issue I am about to raise, and in a sense I am not apologising. I remind the House of my interests as chair of Changing Lives, a charity based in the north-east of England.

Children who are removed and placed in care are overwhelmingly from economically and socially deprived backgrounds. There has been a lot of evidence on this, recently and over many years. The experiences of those who try to parent in a profoundly unequal society are simply not considered sufficiently. That sounds a bit academic—let me explain what I mean. Mental health difficulties, substance misuse and domestic abuse are seen and accepted as central risk indicators for child abuse. However, these are intrinsically linked with living in poverty and disadvantage in a very unequal society. Psychosocial reactions to deprivation and shame, which are the experience I am talking about, are important in understanding self-harm and harm to others.

Currently, our policy has moved—on some occasions I have been part of that movement, and have resisted it on others—to being absolutely focused on the individual child, with very little space to consider the family context. As I have consistently argued in this House, the role of wider family members—of grandparents, siblings and friendship networks in supporting children—is too often neither recognised nor supported effectively.

Perhaps it would help if I reminded the House of an actual case which came from a Family Rights Group assessment—a study that was done on some of its advocacy work. The study says: “Julia cried as she explained that social workers had told her she was unable to have healthy adult relationships as a result of a brief period in care as a young child. Her child had been removed from her because it transpired that her partner had a history of abuse that she had been unaware of. She immediately separated from him and paid privately for counselling as it was not available from the social worker, who was concerned with the child’s welfare only. Despite her actions, the child was placed in care while a risk assessment was carried out. No one seemed to have considered the ironies here. Would such a separation, for example, result in this child being seen, too, as unable to have healthy adult relationships?”. In other words, the whole system was reinforcing the problems, rather than tackling them.

The importance of attachment is recognised in study after study of child-rearing. Not to understand and consider that in our child protection policies is, at best, unwise. This amendment seeks to ensure that appropriate counselling and therapeutic support is offered to any parent whose child is permanently removed. The context of the amendment is that child protection inquiries are continuing to increase; the number of new care proceedings is at record levels. As of 31 March 2016, there were over 70,000 looked-after children in England, which is the highest figure since 1985. If this does not tell us that we have to think again about what we are doing, I do not know what will.

The new clause would enable any parent whose child has been permanently removed to get the therapeutic support and counselling to help them deal with their grief, emotional hurt and other difficulties, so they can avoid the appalling cycle of repeat pregnancies that lead to repeat removals of children. Analysis of court data found that one in four mothers subject to care proceedings was subject to repeat care proceedings. That figure rose to one in three for those who became mothers in their teenage years. Provisional results from further analysis show that more than six out of 10 mothers who had children sequentially removed were teenagers when they had their first child. Of these, 40% were in care, or had been looked after in the care system, during their own childhood.

The figures go on. Some 354 mothers were looked at in this study of recurrent care proceedings. It found that approximately 65% had had their mental health issues mentioned in their first set of proceedings; 75% had domestic abuse mentioned in their first set of proceedings; and 90% had experienced some form of neglect or abuse—emotional, physical or sexual—in their childhood.

The President of the Family Division has recognised the importance of the work that programmes such as Pause are doing in trying to make sure that there is not this cycle of repeat pregnancies and repeat admissions to care. But the programmes that are available, including the one we run in Newcastle, are not nationwide or underpinned by any statutory duty. Most vulnerable parents who have lost a child are therefore left unsupported emotionally and not assisted to parent in future. The new duties set out in the amendment would ensure that all parents who have lost a child receive the therapeutic care and counselling that would help them to avoid that cycle.

I move this amendment in the hope that, in thinking about the future of social work and children in care—and I know that the Government are doing that—they look carefully at the evidence on the importance of working effectively with women in vulnerable situations, so that they are better able to handle the trauma in their lives that inevitably adversely affects their relationships and those they can develop, particularly with their children.

The charity that I chair works with many women who are in this position. Among other work, we have a project in Newcastle that works with women recovering from addictions, and with their children, in a residential setting. Many of them have already lost children into care, and we work with them intensively for about six months. The programme has been successful in breaking that cycle, which has meant that the local authorities involved will happily talk to the Government and others about saving money through children not having come into care who otherwise would have. This is a really challenging time for the Government regarding the future of social work and children in care, and this is one way we can help to break a cycle that is not only depressing but destructive to the children and mothers involved. I beg to move.

[The Earl of Listowel (CB)]

My Lords, I support the noble Baroness’s amendment and what she has said. After witnessing this weekend, at a gathering of child and adolescent psychotherapists, the superb work that a therapist can do in supporting mothers and their infants to make good, strong relationships, I know that what she asks for is absolutely crucial. It was wonderful to see, for instance, the case of a mother who had grown up with a violent father, been taken into care and then gone on from care to become a teenage mother and have several of her children removed. Then she found the help of a child psychotherapist who helped her to understand her relationship with her child and to build a strong attachment with that child, so that eventually she was able to get back her other children. So I agree absolutely with what the noble Baroness is calling for. It is particularly important in the light of the recent view expressed by the President of the Family Division, highlighting the year-on-year increase in the number of children being taken into care, expressing the concern that that may well accelerate. It is much more difficult to give a high quality of care in the care system if the numbers of children arriving increase year on year.

I was grateful to the Minister for offering to meet me yesterday to discuss whether more can be done by central government to minimise the flow of children coming into care. I look forward to that meeting. I am particularly concerned about the new lower benefit cap and how it might impact on families. The noble Baroness, Lady Armstrong, highlighted the background of poverty for most families whose children are taken into care. I am concerned that this may increase that poverty and force more of these families into homelessness. It raises the risk of more children being taken into care—but we will debate that this evening in the dinner break.

Welfare Reform and Work Bill

Debate between Earl of Listowel and Baroness Armstrong of Hill Top

Monday 7th December 2015 Lords Chamber

[The Earl of Listowel (CB)]

My Lords, my name is attached to Amendments 1 and 16 in this group. First, can I make an apology to the Minister and the Committee? On Second Reading, I feel I was rather too soft on the Government. I commend the Government for their achievements in terms of employment, but there are several areas in this Bill that cause me real concern the more I contemplate them, and I should have said more about them at Second Reading.

I agree with the right reverend Prelate—if I may agree with him—that it would be unwise for the Government not to pay full attention to these amendments. I was speaking to a kinship carer earlier today. She was a godmother to a child. About six years ago, the child’s mother came into difficulties so she became a kinship carer. It was very challenging for her because local authorities do not offer much support at all for such carers. The child must have been about 11 when she came into the godmother’s care. Over the last six years, the girl has done well and done well at school. About a year ago, the carer adopted the girl. Currently, the girl is making applications to university and it is very good to see how well she has thrived, first under the kinship care arrangement and now under the adoption arrangement.

As the noble Baroness, Lady Sherlock, said, people in care often lack stable relationships and the only one they may have is with their siblings, yet it can be difficult to find a foster carer or an adoptive parent who will take on a sibling group. We should be very careful to avoid any disincentive to potential adopters to do that. I take this opportunity to pay tribute to the work of Delma Hughes, a care leaver herself, who never got to know her five siblings. As an adult with care experience, she set up a charity called Siblings Together, which she has now been running for about 10 years. It provides holiday gatherings for siblings in care and opportunities for them, for example, to go to the Young Vic and perform in plays together or to go off to write poetry together, which bring together separated siblings and are immensely important for them.

I am sure the Minister will give a very sympathetic response to these concerns, which I look forward to. I also thank the Family Rights Group, which provided a very helpful briefing for this amendment on kinship care and has been working in this area for many years. I very much value its work, as I am sure all those in this area do.

[Baroness Armstrong of Hill Top (Lab)]

My Lords, I, too, support these amendments, although as I have a debate tomorrow in the dinner break on kinship care, I will not detain the Committee at great length. As my noble friend on the Front Bench said, both the outcomes for kinship carers and the financial issues point to the Government needing to think again.

Kinship care is, by any measure, the most successful means of looking after vulnerable children who cannot live with their parent or parents. All the evidence points that way. However, the evidence also shows that more than 70% of kinship carers are technically in poverty. I know that there will be arguments about what that means, but the reality is that these families struggle. They do this because they want the children to have the very best opportunities, but when people become a kinship carer, as my noble friend and the right reverend Prelate said, they take the family on immediately. Very often, the children whom they are now taking care of will be traumatised and have real challenges. That also means that many of them are unable to work—certainly until they have got the children settled and the children are strong and resilient enough to be able to manage with their carer at work.

The costs of care are enormous, both in terms of the outcomes for children and financially. Have the Government considered, across government, the financial burden that they will be putting on to families that may then break down because kinship carers will not be able to maintain the care of more than two children? Have they considered the emotional and other burdens that they will also be inflicting on those kinship carers who end up having more than two children to care for? They have not sought this or set out to have two children: they do it because arrangements with the parents, for whatever reason, have broken down. I hope that the Government have thought about this and realised that this is an area that they really do have to exempt.

Children and Families Bill

Debate between Earl of Listowel and Baroness Armstrong of Hill Top

Monday 14th October 2013 Grand Committee

[The Earl of Listowel]

I thank the noble Baroness. She makes a very good point and I shall look at that. We are trying to ensure that anybody caring for these young people gets the support they need to do an excellent job. We do not want people who might wish to misuse any information about them to get information.

[Baroness Armstrong of Hill Top (Lab)]

My Lords, I want to intervene briefly. We know that many children want to maintain contact with their natural family, even if they know that that family is chaotic. I absolutely support the amendments but my concern is that they do not push hard enough for support when the child initially goes into care. This builds on something that I was trying to say last week. Our responsibility ought to be to ensure that, while the child is in care, work none the less goes on with the natural parents so that an assessment can be made of whether they are capable of change and willing for change to take place. Our problem is that too often children who themselves have improved are then sent back home and no work is done with the parents before that happens. That is often why the placement breaks down again, and that is expensive—not just in monetary terms in trying to deal with that when the child comes back into care, but precisely because it adds to the damage that has already been done.

I chair an organisation in the north-east which does quite a lot of work with people who have addictions. We have a programme where we take mothers who are addicted into residential accommodation with their children. It is largely paid for by the National Health Service but we put a bit of our own money into it and we try to get some money from local authorities too. During the residential period, intensive parenting takes place and what happens to the children in that situation is also monitored extremely carefully. In that way, you really can make an assessment as to whether it is going to be feasible for the mother and her children to make it outside the care system.

One problem that was re-emphasised to us while we were on the adoption Select Committee is that very often parents who are encouraged or are made to put their children up for adoption because they are not capable of looking after them simply go and have other children. Our intervention with the Cyrenians in Newcastle is really trying to stop that by saying, “If you’re going to have another child then you’ve got to take the steps necessary to make sure that that child actually stands a chance”, so that there is not a wheel continually going round where they are saying, “If I can’t have that child then I’m going to have another child”, without any exit.

The Government really need to look at how we work with natural parents once the child has gone into care. If we can get better at that work, we may indeed be able to return children much more successfully and the support package being talked about in the amendments will then really bear fruit.

Children and Families Bill

Debate between Earl of Listowel and Baroness Armstrong of Hill Top

Wednesday 9th October 2013 Grand Committee

[The Earl of Listowel (CB)]

I, too, welcome the Minister to his first Grand Committee day of a Bill and thank him for his time over the summer in dealing with some of my concerns. As I listened to the debate, my mind went back to a meeting four months ago with women whose children had been taken away from them in the 1950s and 1960s. At the time, they were single women and were strongly encouraged to give their child away. Those women bitterly regretted having done so and were campaigning for an apology from government. It is unlikely that this Bill will result in women campaigning in 20 or 30 years’ time for an apology from Parliament for what is being done now, but we really have to raise our game. It is clear that if we took a more consistent approach towards to some of these vulnerable families and helped a few more parents off drugs and alcohol, as we could well do, we would not need to take their children away. We must not be too optimistic and allow children to be kept in those families and be harmed, but we see through the effectiveness of Louise Casey’s focused work with troubled families and through District Judge Crichton’s work in the family drug and alcohol court that, where a real effort is made and where central government is prepared to step up and take responsibility, we can make a difference with those families. I welcome what the Government are doing, but some of these children would not have to be taken into care if we raised the overall quality of our child and family practice.

This debate highlights the great judgment required of child and family social workers. They are in the position of making that lifetime decision: will a child stay with its birth family in kinship care or will it be removed for adoption? I welcome the huge investment that this Government and the previous Government have made in raising the status of child and family social work through the social work college, the new post of Chief Social Worker and the Munro review. Despite those all being very helpful inputs, a social worker who was training in London—an intelligent woman—said to me last week, “I was bitterly disappointed by my training. I didn’t get the feedback. Many of my fellow students felt the same way. I’m now going to Bristol to carry on my training in social work”. There is therefore an awfully long way to go in the nuts and bolts of getting the social work profession to where it needs to be to serve those families properly.

What progress are we making in the retention of child and family social workers? People are saying—I heard it said again recently—that we are getting the best young English social workers into the profession now and have seen a great improvement over the past two years, but are we succeeding in retaining those young people? Are we managing to retain experienced social workers close to the front line so that they can mentor and support those child and family social workers?

I have one final question for the Minister, which he might care to write to me about. It is a concern raised in the past by the noble and learned Baroness, Lady Butler-Sloss, and raised today by the noble Baroness, Lady Hughes of Stretford, about the outcomes for children in adoptive placements. We need robust evidence about outcomes for children in adoptive placements. We have them already for children in kinship placements. We need to compare, contrast and make good policy decisions based on those. I hope that the Minister can give an assurance that, if that cannot be produced at the moment, research projects will be put in place so that in future we know how stable those adoptive placements are. The worst outcome would be for a child or children to be placed for one or two years, to be settled, and then to be rejected again by their new family. I am sorry to have gone on so long.

[Baroness Armstrong of Hill Top (Lab)]

My Lords, I declare my interests. I, too, was a member of the Adoption Legislation Select Committee. I have what feels like a lifelong involvement with Action for Children, which certainly goes back to when I was very small and collecting money for the National Children’s Home, which has changed its name a few times. I think I am now an ambassador for it. I also had some experience of supervising adoptions when I was a social worker, but that was a very long time ago so I am not sure that it is really a relevant interest because the legislation and everything else was very different.

One of the things that were different in those days was that most children who were placed for adoption were babies. When I hear the rhetoric about adoption from the Government at the moment, I sometimes suspect that they still think that that is the case. The reality is that most children being placed for adoption now, before the changes, are not babies, and that if the Bill as it stands becomes law, that will be even more true.

I have worked with and still know several people who are both foster parents and adopters; some are just foster parents and some are just adopters, while others have done both. They perform a remarkable job. Far too often we take for granted the work, the commitment and emotional support that they put in and the trauma that their lives and their families are put through, and it is very important that we do not do that.

I have concerns about this issue. Even when I was a social work student, I did an adoption supervision and took it to court. I was very impressed with, and supported, the judgment and the words of the presiding judge. I know that you really have to get the law right. You have to ensure that the family understand their rights, and that the adoptive family understand not only their rights but the rights of the parents who are placing their children for adoption.

We are talking here about going to a further stage, where the parents are not placing the children for adoption but the local authority will decide that there should be permanence, and therefore fostering for adoption should be considered. That is legally a new situation. I need convincing by the Minister that the Government have done the work to ensure that the family court will not then come back and say, “Actually, we are not convinced that the rights of this child and its natural family were properly considered in your decision around permanence and therefore around placing for fostering up to adoption”. That means that when the case gets to court for adoption, the judge may then be tempted to say, “I’m not convinced that this is in the interests of the child or that the process has ensured that the rights of the child, which are expressed very clearly in all sorts of places, including the UN convention, have actually had due attention paid to them”. We would then be putting social workers and local authorities in an invidious position, and we really have to take account of that.