Children and Social Work Bill [HL]

Debate between Lord Faulkner of Worcester and Lord Ramsbotham

Wednesday 29th June 2016 Grand Committee

[The Deputy Chairman of Committees]

I must advise the Committee—rather unusually—that, if this amendment is agreed to, I shall be unable to call Amendments 2 to 28A for reasons of pre-emption.

[Lord Ramsbotham (CB)]

I will speak to Amendments 6, 8, 11, 12, 13, 15, 19 and 20. I do not disagree at all with the amendment of the noble Baroness, Lady Howe. Indeed, I welcome the fact that she has spelled out a lot of the responsibilities on local authorities which were not present in the original Clause 1.

Before speaking to my amendments I would like to place on record that my request at Second Reading that Committee should be delayed so that we had the opportunity to prepare properly for it, rather than trying to complete all the procedures during the Recess, was not honoured. It has been a nightmare trying to get things done without the expert briefings that we are normally accustomed to, as well as meetings with Ministers, and trying to deal entirely by email with the Public Bill Office. I sincerely hope that the usual channels will note this and that in future we shall not be expected to come so ill-prepared into such an important bit of legislation.

My concerns about these amendments are not to do with the corporate parenting principles but are all built around the word “must” in Clause 1. As my noble friend Lord Bichard would have said, if he had been here, the whole point of setting out corporate parenting principles explicitly is to make those responsibilities explicit and leave those most affected in no doubt as to what their responsibilities are. My concern about Clause 1 as currently represented is that words such as “have regard to” can equally be “disregard”—and we do not want any of these principles disregarded. Therefore, I hope very much that the Government will consider altering the words rather than waiting until Report before having a vote. That applies to Amendment 6. Amendments 8, 11, 12, 13 and 15 remove the word “to”, which again makes the language if anything more robust rather than leaving anything to disregard.

I would also like at this stage to introduce the problems faced by children in the criminal justice system. My noble friend Lord Laming produced a masterly report called In Care, Out of Trouble, which I referred to at Second Reading. The duty on local authorities and their responsibilities must include the children in the criminal justice system. My noble friend in his report points out that one of the problems of not having clear instructions to local authorities is that you have inconsistency. For example, it is laid down that a child who is going to be placed after release should have that location confirmed to them at least 10 days before release—but all too frequently that information does not reach the child until the day of release, which makes it impossible to plan for a child’s engagement with education, employment or other services.

Therefore, I am calling for an acceptance that corporate principles are laid out and that the language should be robust, so that there is absolutely no doubt in the mind of local authorities as to where their responsibilities lie.