Welfare Reform Bill

Debate between Earl of Listowel and Lord German

Tuesday 18th October 2011 Grand Committee

[The Earl of Listowel]

My Lords, before I speak to my amendment in this group, perhaps I may follow the noble Lord, Lord Best, in his concerns about the impact of this move to an underoccupation penalty, particularly on families. It was encouraging to hear from the Minister the results of his survey and some positive outcomes to the changes whereby people will look for work, or think of getting a lodger. However, what concerned me about his comments were the large numbers who might go into arrears. I have observed from my experience of young people leaving care and of other families that people leading chaotic lives tend to think from day to day.

Therefore, given the example given by the noble Baroness, Lady Hollis, if a family in bed and breakfast accommodation were offered a three-bedroom house that seems to suit them but may be too large, they may say, “We will take it and deal with the arrears when they come. We will not think of the future”. Then they end up in arrears and in serious difficulty because they are not able to cope with the worry of being in debt and they do not know what to do. I am grateful to the noble Lord, Lord Best, for highlighting the fact that this issue needs close attention from the Government, and I look forward to learning more about it. He has a good point. This is a serious worry with the underoccupation penalty.

The noble Lord also raised the question of foster carers. Under the current absurd arrangement, foster caring and providing a room to a foster child would not count as a room and in this scenario would count against one. I am not expressing that very clearly, but I think your Lordships understand what I mean. I suppose it might be argued that this will be an incentive for some people to foster if they have a spare room. If the Bill is changed to be made sane, they would not be caught by this part of the legislation.

However, I have two further thoughts. First, there is a real question as to how far one should professionalise foster caring. People should go into foster caring because they love children and want to provide a good home to a child. I know that there is a debate about the professionalisation of foster care but, in principle at least, people should be motivated by caring for children, not making a bit of extra money or saving some money. Secondly, the harms that may arise from this proposal by far outweigh any potential benefits of that kind. If such families get into arrears there is perhaps the cost to the mental health service as the family breaks down under stress. There is the cost to the education system as their children fail. One needs to look at the bigger picture rather than just think about short-term savings.

Perhaps I may sum up. I apologise for using my laptop on this occasion; however, I cannot get internet access today and I was unable to download my notes and print them out. My Amendment 85 is modelled on the previous amendments of the noble Lord, Lord Kirkwood, and I apologise to the Committee because I drafted my amendment rather poorly. I should have referred to children looked after by local authorities rather than those cared for by them. My intention is to gain an assurance from the Minister that families who have their children looked after by a local authority may retain a room for that child to return to when he is ready. While a few children are adopted from care, most return home sooner or later, and it is right that they should have a room when that happens. It is important for the parents to retain a sense that their child remains their child and that they remain the parents. That is important because their children will normally still love their parents, however they have been treated, and will need to feel there is a place for them in their parents’ home. It is important also because the child will eventually return. Generally, we should strongly encourage these parents to retain their sense of responsibility for their own children. An experienced child and family social worker has reminded me that it will also be important for the child to know that his parents will be keeping a room for him. He will need to feel that he is still wanted and there is still a home for him with his parents.

In the year ending 31 March 2011, 3,050 children were adopted out of a population at that time of 65,520 children who were being looked after. Very few children, then, were adopted. Children who are subject to residence orders, or are being cared for informally by the Ryder family, are all the more likely to return to their families. Barnado’s has expressed concern about these children. This matter was also raised by the noble Baroness, Lady Tyler of Enfield, at Second Reading. There is a separate amendment in this group, which I support, on those particular groups of children.

I would be most grateful if the Minister could reassure me that families whose children are looked after by a local authority would not normally be subject to the underoccupation penalty. I apologise if the problem with my drafting has made it more difficult for him to reply. I would certainly find a letter acceptable if that seemed more appropriate in the circumstances.

I will not speak to my Amendment 86 because my understanding is that the benefit arrangements for care leavers are such that the concern I had is not an issue. I look forward to the Minister’s response.

[Lord German]

My Lords, I speak to Amendments 48C, 48D and 86ZZZA in my name. It is appropriate that I should speak after the noble Earl, Lord Listowel, because the issue he raised about care and children coming back from care is crucial. The three amendments in my name all relate to children and are intended to make sure that the suite of amendments here, which I have looked at very carefully, does not miss out one or two crucial groups relating to children.

Amendment 48C and Amendment 86ZZZA relate to disabled children. Amendment 48D relates to families with children in temporary care—and I echo much of what the noble Earl has just said about that matter. First, I turn to Amendment 48C and Amendment 86ZZZA. Families with a disabled child may have an adapted property that has a spare bedroom, but that spare bedroom may be needed for a carer to stay the night, or for a time when it is too disruptive for another child to share a room—that is a very crucial group of children. Disability comes in many forms. It is important that we reflect upon the nature of disability and how that might impact upon particular groups of children. I ask my noble friend the Minister to look at the issue of what having disabled children actually means in terms of the nature of their disability. It could mean not just that a family needs a carer, or equipment or a spare bedroom; it could be that the nature of the disability is such that disruption affects another child in the family in a way that they require a separate room.

The impact assessment carried out by the DWP says that for claimants themselves, or their partners, a bedroom for a carer who provides overnight support will,

“be taken into account in determining the relevant size criteria”.

I wonder whether there has been an error, because it seems very strange to me that the same provision does not apply to claimants’ children. I hope that the Minister can reflect that it is not just the claimants, but claimants’ children, who are important when it comes to disability. Many families with disabled children will have expensive adaptations to their homes. Forcing families with a disabled child to move from an adapted property—as we have already heard—in any field could be extremely expensive. As we know, disabled facilities grants often take a long time to organise. Forcing families with a disabled child to move could be very disruptive for both the child and their family.

The issue that the noble Earl talked about, which is the subject of another amendment in my name, Amendment 48D, is that of children in care for a short period. The noble Earl reflected carefully on an important group for whom the children’s home—that family connection—is still important. We need to avoid their home being taken away from underneath their feet. Parents whose children are in care for a short period will need to retain that spare bedroom to prevent additional barriers to their children being returned to them when the care period ends, for whatever reason. Where children are in short-term care, their parents will have that spare room as soon as their children are put into care when their children will not be living with them, but the room may be vacant for only a short period. It is impossible for anyone in the housing sector to second-guess when the child will be returned home, because the reason for them returning home will remain with the other agencies. It is important that we should not block that out and that it should not be treated as underoccupancy, because that will impact on those vulnerable children and their families who live in social housing at a time when they need intensive support to ensure that we do not encourage family breakdown.

Again, I wonder whether that is an unintended consequence of the Bill: that it will prevent families from having their children returned to them after they have been in care for a short period. It is not in the amendments, but the noble Earl talked about the fact that many children in longer-term care will also return home. The average length of time for longer-term care for children is only just over two years, so there is a wider group who are not reflected in this pair of amendments.

I also wanted to say a few words about foster carers. The danger is that this policy shift may force some foster carers to give up their roles, as well as discourage new foster carers from coming into the system. It will make it very difficult for social workers to place children in an emergency, which is what we need for many children. We have a national shortage of foster carers. About 10,000 are needed across the whole of the UK, and we need spare capacity in the system because many foster carers are short-term carers looking after some of the most vulnerable children, who are often children who have been abused.

I know that the Government do not collect data on the number of foster carers who live in social housing and that there is no breakdown of the number of foster carers claiming welfare benefits, but I am concerned that, because they do not have the figures, the Government do not understand the impact that this change may have on that group. If the Government have the figures, it would be useful to know them. I understand that they do not. The estimate is that about 2,000 foster carers will be affected. When we consider that we are short of 10,000 foster carers, we should not affect 2,000 in this way.