Foster Care

Debate between Emma Lewell-Buck and Bill Esterson

Wednesday 14th March 2018 Westminster Hall

[Mrs Emma Lewell-Buck (South Shields) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Howarth.

I thank my hon. Friend the Member for Sefton Central (Bill Esterson) for securing this debate. His practical experience and knowledge of fostering made for a formidable opening speech. I pay tribute to all other Members who have contributed, especially the hon. Member for Dundee West (Chris Law), who it is a pleasure to follow. We are honoured that you shared your story with us today.

Since 2010 we have seen an exponential rise in the number of children coming into care. There are now 72,000—the highest since the 1980s. There is a wealth of evidence that the Government’s forced austerity measures are driving that increase. With the stream of referrals coming into children’s services departments leading to 90 young people entering the care system in England every single day, the implications for fostering are clear. That is why so many of us were keen to see the long-awaited fostering report, which was first announced in 2016 and released this February. Sadly, for some of us, that keenness quickly waned. Today I will focus on that report.

The report has received more criticism than praise, and is viewed by many as lacking vision about transforming the dire state of fostering in England. It makes assumptions based on opinion, not evidence. It makes a number of unqualified, sweeping generalisations. In my view, our children and foster-carers deserve better.

It is essential that there are enough foster-carers to meet demand. At present, there simply are not. The pitiful pay given to foster-carers, leading to some of them making the painful decision that they cannot continue in that role, coupled with the Education Committee’s findings that identified the Government’s lack of efforts in the recruitment of new foster-carers, suggest that we are on a trajectory where there will not be enough homes for the children who need them.

Foster-carers are deeply committed to every single child in their care. So it was disappointing to see that the stocktake claims that carers are not routinely underpaid, and that they are paid adequately. That is simply wrong. We know that a quarter of carers receive the equivalent of less than £1.70 an hour, based on a notional 40-hour week, and 90% of our foster-carers do not receive the national living wage. The right hon. Member for Harlow (Robert Halfon), who chairs the Education Committee, summed up its findings by saying that,

“it is clear that too many are not adequately supported, neither financially nor professionally, in the vital work that they do.”

Should it not be an embarrassment for the Minister and the Government that they are presiding over a situation where foster-carers, who provide an excellent standard of care day in, day out, report that they are struggling to support not only themselves but the children who are entrusted to their care?

Carers who are struggling are also being offered golden hellos from independent fostering agencies to leave the local authorities they work with. Those agencies then charge local authorities higher rates. The undercutting by independent fostering agencies is a pattern that has been identified by many social workers and the Conservative vice-chair of the Local Government Association. Yet, the review denies the existence of such a practice, claiming that the reverse is happening—that councils are poaching foster-carers from independent agencies. That bizarre claim is based on nothing other than the authors’ perception. I really hope that the Minister will look closely at the regulation of commercial fostering agencies, as the Labour party has.

I, with others, was aghast when I saw in the report a raft of recommendations that would require primary legislative change. The report recommended that carers be given prominence over the day-to-day decisions regarding children in their care—prominence over birth parents, even when the children are in voluntary accommodation. That is at complete odds with the current legislation on parental responsibility and is simply wrong. The report’s authors do not seem to realise that there is already provision in legislation to take account of parental disagreement.

A deeply worrying recommendation, based on very little evidence, was also made that local authorities should scrap independent reviewing officers. IROs are a fundamental part of the care system. They were created to protect the rights of vulnerable children in care, to advocate for them and to ensure that their needs are met. Without IROs, a child who is unhappy or—worse—being abused in their placement, could literally have nobody at all to turn to. Imagine being that child, who has been removed from a place of harm into a placement where that harm endures, when there is nobody to tell about it and no escape. I am sure the Minister agrees that removing such safeguards would be at the Government’s peril, and that judicial consequences will certainly follow.

In the report there is also a fixation on legal status. It claims that the priority must be to convert more fostering placements into permanent arrangements. Apart from the obvious fact that an emphasis on legal status, rather than a child’s individual needs, is at odds with good practice, it completely ignores the availability and benefits of other options, such as long-term foster care. Every single child in the care arena is completely different and has different needs. That is why there are a number of options for care. Decisions should always be made on a child-by-child basis. The cynic in me cannot help think that the authors’ predilection for adoption or special guardianship is a cost-cutting exercise. Once permanence in those forms is achieved, the state no longer has a duty towards those children or their carers.

[Bill Esterson]

I am glad that my hon. Friend raises the point about the cost element of recommending adoption and special guardianship orders rather than long-term fostering. That particularly applies for those aged 18 and above. In my speech I did not mention Staying Put or the fact that the funding for it is lower than for foster care. Does my hon. Friend agree that that is a big mistake and a big impediment to ensuring that children who go into foster care are given the long-term permanence of being part of a family?

[Mrs Lewell-Buck]

It will come as no surprise to my hon. Friend that I completely agree. I am also a keen advocate of extending Staying Put to children in residential care. It cannot be right that there is a two-tier system where some children are treated differently simply because of their placement.

The recommendation is also symptomatic of the Government’s obsession with adoption as the gold standard, to the detriment of all other forms of care. We need a consistent, overall strategy for children in care under this current Government. Rather than seeing the holistic picture and attempting to address issues when they first arise, their piecemeal approach has led to separate and unaligned strategies around early intervention, children in need of help or protection, fostering and adoption.

Can the Minister confirm that he will robustly refute those recommendations? I respectfully remind him that full adoption comes with the severance of birth ties. He knows as well as I do that that is not always right for those children in long-term foster care who enjoy continued contact with their birth families throughout placement.

The report deeply disappointed again when it came to contact. It stated that the well-established presumption in favour of contact was removed by the Children and Families Act 2014. It was not. The presumption remains as enshrined in the Children Act 1989. I again make a plea to the Government for parity in legislation between the rights that children have to contact with their parents when in care and those that they have for contact with their siblings. As passionately explained by my hon. Friend the Member for Wigan (Lisa Nandy), relationships matter deeply to children in care.

I hope that the Minister will reject the recommendation that local authorities should not presume that siblings are best placed together. I acknowledge that it is not always appropriate, which is why the law states that siblings should be placed together as far as is “reasonably practicable”. This proposal, as with the false assertions about contact, is completely at odds with well-established practice and law, which is built on robust evidence.

The majority of organisations, charities, foster-carers and social workers are not only deeply concerned about some of the recommendations in the review, but disgusted by its shoddy nature. It makes assertions backed up with no evidence and at times contradicts existing research and evidence, which are coupled with an absence of children’s voices and a lack of understanding of the relevant legislation and policy in this field. Can the Minister advise when his counterpart will formally respond to the report, and will he pass on the request that, in doing so, he very seriously takes into account what has been said today and these misgivings, and ensures that our foster-carers and children are, once and for all, given the respect that they deserve?