Children’s Homes etc. Inspection Fees, Childcare Fees, Adoption and Children Act Register (Amendment) Regulations 2019

Lord Agnew of Oulton Excerpts

Tuesday 18th June 2019 Lords Chamber

Vulnerable children need access to all the chances for a better future, and the national adoption register service was the last chance for some. The part of these regulations that closed the national adoption register for England was ill thought out and will not help agencies find adoptive homes for children in care when all other avenues have been tried. The Government could not convince the scrutiny committee that they had acted responsibly in closing the register. The House deserves the opportunity to decide whether it agrees with that verdict.

[The Parliamentary Under-Secretary of State, Department for Education (Lord Agnew of Oulton) (Con)]

My Lords, I am grateful to the noble Lord, Lord Russell, for tabling this Motion. I understand that he has a strong interest in this area, so I appreciate his desire to have this debate.

Every child deserves a loving and stable home. For the majority of children, that is with their birth family. For others, it may be with extended family, foster carers or adoptive parents. Indeed, thousands of adoptive families have had their lives transformed by adoption, which can give vulnerable children the opportunity of a caring and stable home. I am proud of the work this Government have done, and continue to do, to support adoption.

The time it takes for a child to be adopted has fallen. Since 2012 the average time between a child entering care and being placed with a family has reduced by seven months to 14 months. This is encouraging, but of course more can be done. We are creating a network of regional adoption agencies across the country to help ensure that children are placed without delay and that high-quality adoption support is available nationwide. There are 80 local authorities in 18 live regional adoption agencies, which are reporting the benefits of working together. We expect all local authorities to be in a regional adoption agency by 2020.

Since launching it in 2015, we have provided almost £120 million through the Adoption Support Fund, helping adopted and special guardianship children and families adjust to their new lives. By March 2020 the total investment will reach almost £150 million.

These regulations do a number of things. However, I appreciate that the primary concerns of the noble Lord, Lord Russell, relate to revoking the duty to refer children and adopters to the adoption register. As we have heard, the register was an online database that sought to match children and adopters who had not been matched locally. In August 2018 the Government announced their decision not to re-procure. The contract for its running ended on 31 March this year. As a result, we wish to revoke the duty to refer children and adopters. Not revoking this duty would cause an unnecessary burden on adoption agencies to fulfil a redundant duty to refer to a register that is no longer in operation. I reassure noble Lords that these regulations do not seek to do more than this. All other legislation relating to the adoption register remains.

The noble Lord, Lord Russell, raised the issue of exchange days. The register contract part-funded exchange days and activity days. It is my understanding, from information provided by Coram, that it intended to continue them. These tend to be on a commercial basis, funded by local authorities. Central government funded them as part of a discovery phase to ensure that they worked—and in many cases they do.

The Government have considered these changes to the adoption register for some time, gathering evidence on its use. In late 2017 we completed specific research on the adoption register. To answer the specific question from the noble Lord, Lord Watson, about how we reached this decision, the research found that although the register had been useful in matching children with adopters over its period of operation, practitioners did not favour it, instead wanting to be provided with up-to-date, accessible information. A clear theme arising from the research was the difficulty of using the register and views on its effectiveness. Over recent years the vast majority of adoption agencies—93%—have chosen to pay for subscriptions to alternative services, despite the adoption register being free. I understand that all local authorities now subscribe to an alternative.

Feedback from adoption agencies suggests that often the adoption register was used only because the agency was under a legal duty to do so. Before the register closed, we understand that the majority of children and adopters appeared on alternative matching services. In March 2019, the main commercial provider had active profiles for more than 1,500 approved adopters, while the register had around 400 active profiles.

The noble Lord, Lord Russell, was concerned about a lack of compliance with the duty to refer. He is correct that, although there was a statutory duty on adoption agencies to refer children and adopters to the register, this did not always happen. I appreciate the concerns that the Government did not do enough to fix this. I assure noble Lords that we did take measures to address it: we regularly discussed the matter with Coram, the contractor, monitoring data or referrals and then speaking to the agencies when Coram had identified a recurring issue. My colleague, the Parliamentary Under-Secretary of State for Children and Families, also wrote to all local authorities to remind them of their obligation. It should be remembered that around 70% of adoption matches are not made using matching systems; they are made locally. The adoption register contributed around 7.4% of matches in 2017-18, with other services contributing the remainder.

[Lord Watson of Invergowrie]

That is exactly the point: some 257 matches were made in 2018-19, and hard-to-place cases are the ones that we are concerned about. The Minister has not so far mentioned hard-to-place children. I hope that he will come on to that.

[Lord Agnew of Oulton]

I assure the noble Lord that I will specifically address the issue of harder-to-place children in a moment.

Since we announced the closure back in August 2018, the Government have not received any feedback to suggest that local authorities and adoption agencies are having difficulties matching children. In fact, the Association of Directors of Children’s Services said that,

“local authorities continue to take responsibility for our children who need adoption and the adopters we approve, and have never relied on one system alone in the matching process”,

and ahead of the closure, the sector leaders spoke out about their support for the decision.

On harder-to-place children, the noble Lords, Lord Russell and Lord Watson, sought reassurance that such children would not be more vulnerable or drop out of the system because of the loss of the register. The adoption register was never intended to be solely for harder-to-place children. Rather, it was to provide an alternative source of potential adopters for all children. To some extent, all children who are not placed locally, so needing a matching service, could be regarded as harder to place. But “harder to place” is generally understood to mean sibling groups, ethnic minorities, children over five years-old and children with a disability. One of the commercial alternatives contains a high number of hard-to-place children. I understand that its recent child cohort included 50% in a sibling group, 12% aged over five, 27% who did not identify as white British and 15% who had multiple health or emotional needs. I hope that that also addresses the point made by the noble Lord, Lord Storey.

In a recent survey by Link Maker, the alternative provider that was discussed, 67% of respondents said there had been no change to their ability to find matches for harder-to-place children, 14% suggested that it was now harder and 17% suggested that things had improved. Indeed one of the comments said,

“by far the most matches for the harder to place children, siblings groups etc, came via Link Maker rather than through the Adoption Register”.

The noble Lord, Lord Russell, and the noble Earl, Lord Listowel, asked how many children were likely to miss out on placements. That is the most crucial question in this debate. I would like to reassure noble Lords that children are not being left behind following this decision. There is no gap in provision; children are and will continue to be matched with loving families. The Government will of course continue to monitor this and robust action will be taken if this changes.

The noble Lord, Lord Watson, asked about a lack of proactive searching. I understand that there is concern that the alternative provider offers only a system, whereas the register provided an additional service. As the noble Lord said, the register employed 10 regional business partners to search for links. In 2018-19, it found 120 matches. During the same period, the main commercial alternative found 967 matches. If a child has been waiting for a long period, the main commercial provider system will proactively contact the social worker to provide assistance.

Alongside the register, agencies have used a range of other services and also use the exchange and activity days that I have already mentioned, including commissioning them for their areas. It is important to acknowledge the important work of Coram in this area. I recognise the important work that the noble Lord, Lord Russell, does with Coram and the support he provides to it.

Naturally, I understand concerns when we talk about commercial providers, but I assure noble Lords that we are not talking about large organisations making a profit at the expense of children and adopters. The main commercial provider, Link Maker, is a social enterprise run by a group of adopters. It monitors the progress of children added to the system, and if a child has been on the system for an extended period, an email is sent suggesting ways of finding matches. I understand that another service is being launched and will be run by Coram, which, as I said, is respected for its work.

For the main commercial provider, subscriptions by local authorities are paid on an annual basis, not per child. There is no reason—in particular, no financial reason —why a commercial service would ignore harder-to-place children. Local authorities have a duty to safeguard and promote the welfare of a child they are looking after, and I trust that they will continue to fulfil this duty.

The noble Lord, Lord Storey, asked about the cost of Link Maker. I appreciate the concern about the cost of commercial alternatives. As the Parliamentary Under-Secretary of State said to the committee, on average it costs a local authority about £5,000 a year for the subscription. I appreciate the concern when considering that the adoption register was a free service, but it is important to state that the majority of adoption agencies—around 93—were already paying for a subscription.

The noble Lord, Lord Russell, asked about our future plans. The Motion refers to work we are undertaking on the feasibility of a future digital infrastructure to support this area. This brings us to the point made by the noble Lord, Lord Russell, about the Select Committee and Sir Martin Narey. Both reports suggested that the Government’s work for the most vulnerable children in our care is too siloed. The reviews found that considering the component parts of the care system, for example fostering and adoption, in isolation,

“creates an unhelpful divide in the way we approach a child’s experience in the system and his or her routes to permanence”.

In response to this, we are trying to improve support across the sectors with better information and better systems. Agencies hold and share a lot of data and need to ensure that it is managed appropriately. We are exploring the feasibility of introducing a system that can bring it together to support better communication and present it in one place in a user-friendly way. We agree that this makes sound sense and we are actively considering the implementation of a single list.

Reflecting the findings of these recent reviews, we want to work with the sector to think through the best digital infrastructure to support adoption and fostering. My colleague, the Parliamentary Under-Secretary of State, will write to colleagues to provide more detail on this work following the spending review.

Beyond the adoption register, I shall also say a few words about what else these regulations cover. They make changes to inspection fees for social care providers and childcare providers. They introduce a 10% increase to the fees payable to Ofsted by some social care providers to move closer to full cost recovery. This increase has been made annually since 2010. As well as this, Ofsted charges an annual registration fee to childcare providers on the early years register. This statutory instrument maintains the current registration fee of £50 for a specific group of providers that operate for only a limited number of hours each day, reducing the potential burden on childcare providers of a fee increase.

The noble Lord, Lord Watson, referred to the procedure used for these changes to the regulations. I understand that there has been some concern. We are advised that the negative procedure was correct for this type of change, and it is the procedure set out in the primary legislation. We spoke to the sector extensively, and it was comfortable with the adoption register coming to an end. We wanted to revoke an unnecessary duty; indeed, we were asked to do so by the sector. There was therefore a feeling that this was routine and that we were attempting to tidy up regulations so as not to leave a redundant duty. I reassure noble Lords that there was no attempt to hide this or slip it through under the radar.

I welcome noble Lords’ interest in these regulations. I want to provide reassurance that the Government have spoken to the sector extensively regarding changes to the adoption register and that that dialogue continues. Feedback shows that users of the register are comfortable with the decision to end its operation. We have not received any feedback to suggest that agencies are struggling without it. I accept the comment of the noble Lord, Lord Storey, that it is early days; however, had it been crucial to the operation of local authorities, within three months we would have heard something from them.

I hope that I have been able to provide more context to these changes and to reassure noble Lords of the focused and necessary attention of these regulations. On that basis, I ask the noble Lord, Lord Russell, to withdraw his Motion.

[Lord Russell of Liverpool]

My Lords, I thank everybody who has taken part in this brief discussion and thank the Minister for his response. I felt on occasions slightly as though I were sitting in an echo chamber and going round and round in circles. I appreciate that the ministerial response is written for him, but I still have genuine concerns about the fact that Her Majesty’s Government do not know, and have never known, the exact number of children—particularly harder-to-place children—who are waiting to be matched. We have never had a definitive figure; that is an abrogation of our duty. We have a duty to know who those children are, where they are, what sort of condition they are in, and to be able to track what is being done to help them find a match to transform their lives—for example, keeping sibling groups together, or helping a deaf or blind child to find a loving family who will understand how to respond to and look after their needs.

Despite the briefings that various organisations have provided, I decided to do my homework and have spoken directly to some of the people who provided the briefings, asking some awkward questions of what is behind the fine words. The answer is that, while much in the adoption sector is going well and has definitely improved over the last two decades—I take my hat off to various Governments for achieving that—we still do not know how many of these vulnerable children there are or exactly what is going on. I do not find that satisfactory.

I will not myself push this to a vote. If any other noble Lords wish to do so, that is up to them. I make it clear that, should it be put to a vote, I will abstain. My view is that this is a matter divorced from party politics; we have quite enough of that going on at the moment, including as we speak, with—to plagiarise Oscar Wilde—various members of the unspeakable classes in pursuit of the unachievable. But that is another matter. So I am not going to push this, but I hope that the Minister and his officials will read what I have said carefully; I hope that they will speak to various people in the sector to find out what is really going on, ask awkward questions rather than just listen to the answers one might hope to hear, and do everything possible to identify those vulnerable children. On that basis, I beg leave to withdraw my Motion.