Children and Social Work Bill [HL]

Debate between Lord Nash and Lord Warner

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

[Lord Nash]

My Lords, I thank all noble Lords who have contributed to this debate. I found it very depressing. Frankly, many noble Lords seemed to be depressingly suspicious of our motives. This is all about improving care for children at the front line. Nobody who has worked closely with my ministerial colleague Mr Timpson could possibly doubt that. He literally has care for children in his DNA, his late mother having fostered more than 80 children and adopted several, and his having worked as a professional in this field for many years. I am extremely grateful to my noble friends Lady Eatwell and Lord True, who are hugely knowledgeable on the inner workings of local authorities in this area, and to my noble friends Lord Farmer and Lord O’Shaughnessy and my noble and learned friend Lord Mackay, for their support.

The noble Lords, Lord Watson and Lord Low, asked for examples of why this power is necessary. The noble Baroness, Lady Howarth, mentioned three examples. We have discussed this at length before. Local authorities, including the very best, tell us that this power will provide them with opportunities to innovate which are simply not available under current legislation. Of course, some local authorities provide very good services under the current legislative framework, but children deserve the very best services, not the best within the current constraints of the good but not perfect legislative framework.

During the course of this debate, I have reflected on a number of points that have been made. The noble Baroness, Lady Howarth, talked about a lot of misinformation in the system and a lot of suspicion, which may affect some noble Lords’ suspicion. It is our job as lawmakers to see through suspicion and see the arguments for what they truly are, and it is the Government’s job to clarify the position with stakeholders. I commit to doing everything we can to explain more fully what this is about, because it is clear that we need to do more in that regard.

I have also reflected on something that my noble friend Lady Eaton and the noble Lord, Lord Low, said. I have huge respect for the noble Lord and I was struck by how suspicious he was of our motives in this regard. I have thought about this in relation to Clause 32. Without Clause 32, it would be impossible to say that this is about dismantling local authorities because these provisions can be initiated only by local authorities. Clause 32 was intended to be a technical clause to clarify that whoever is discharging the local authority’s functions, whether it is a trust or the Secretary of State, has the ability to use the power to test different ways of working. As I have said previously, we anticipate working with our strongest local authorities in the first instance, rather than intervention authorities, and there was never any immediate policy intent for the power to be used in this way; nor was the intention to cut local partners out of decision-making. However, I understand that this point may have caused unnecessary concern to noble Lords. It is critical that local government should feel it owns these clauses. If the provisions in Clause 32 are a block to that, I am very happy to reconsider the point completely. I think that would remove the fear expressed by the noble Lord, Lord Low: there could be no question of a dark agenda on the part of the Government to dismantle local authorities, because only they would have the power to initiate these clauses. I hope this will go some considerable way towards reassuring noble Lords who have concerns on this point.

I will address some other points, particularly the amendments on the process of scrutinising applications. I start with the amendment in the names of the noble Lords, Lord Warner and Lord Watson. As I have said, we have listened to noble Lords on this point and tabled a government amendment to introduce an expert advisory panel to scrutinise applications to use the power, and publish its advice. I believe we have gone a long way towards satisfying noble Lords’ concerns in this area.

Amendments 62 and 65, tabled by the noble Lords, Lord Watson and Lord Hunt, are on the Children’s Improvement Board. I entirely understand the intent behind these amendments, and the noble Lords are right that local government has a very important part to play in scrutinising applications. We propose that this be done through the Children’s Improvement Board feeding in views to a local government representative on the expert advisory panel, which I have already referred to. My officials will work with the LGA and others to work out the details of this process, but I think that would be preferable to naming an informal grouping in the Bill. The grouping could change its constitution or its name at any stage and therefore render itself unable to be consulted. I do not think that would be the right way forward.

Turning to the amendments that address the principle of these clauses, the noble Lord, Lord Ramsbotham, referred to organisations which object to the power. However, it is overwhelmingly the organisations on the front line, and those that represent them, which support these clauses and agree with the Government that overregulation can get in the way of innovation. The LGA has said that it strongly supports the principle of allowing councils to shape provision around the needs of children and young people, rather than the constraints of inflexible regulation. Similarly, the Society of Local Authority Chief Executives has said that the tight regulation and inspection regimes applied to children’s social care provide little opportunity for innovation, and that the proposed power to innovate will enable local councils to try different approaches with appropriate safeguards.

Our partners in practice, 11 of the best and most innovative local authorities from across the country, support this. For instance, Leeds City Council has said that it wants to work in partnership with government to remove barriers that get in the way of best practice, and become an exemplar of a new and more sustainable safeguarding system in which children do better because families are supported to do more and the state has to intervene less. Professor Eileen Munro, whose ground-breaking review into child protection is at heart of our case for the power, supports these clauses. She has said of the power that it is,

“a critical part of the journey”,

set out in her independent review and that,

“testing innovation in a controlled way to establish the consequences of the change, before any national roll out, is a sensible and proportionate way forward”.

Anthony Douglas, chief executive of Cafcass, has described the power to innovate as a,

“crucial requirement if the mainstream social work and social care services of the future are to successfully manage demand, improve quality and provide value for money”’.

The National IRO Managers Partnership sees the opportunity given by the clauses to test new approaches, and has said that the clauses are,

“an opportunity to review practice and develop more innovative approaches and models of support across the whole system of children’s services”.

Finally, Chris Wright, chief executive of Catch22, a charity that is at the forefront of delivering innovative services, makes the case for the power well. He says:

“It will give power back to practitioners and professionals at the local level, supporting them to design programmes that work for the specific children in their care”.

This illustrates that a very significant amount of support exists for the Government’s case that regulation can get in the way of innovation, and that the approach we are taking of introducing a grass-roots power that allows local authorities to come forward with ideas, with careful safeguards, is the right one.

I understand the concerns expressed by noble Lords about delegated powers of this type and about whether the power is proportionate. I stress that this is absolutely not about Government bypassing Parliament on matters of legislation. It is about local authorities, Parliament and Ministers working in partnership to test new approaches and build the evidence for a better legislative framework for all children. Every use of the power will be rigorously scrutinised ahead of being debated, to ensure that it is truly in the best interests of children. Parliament will have the ultimate say on every use of the power.

The noble Lord, Lord Warner, made the point about using a sledgehammer to crack a nut. I suggest that in voting out this clause, noble Lords would be using a sledgehammer to deny the system the opportunity to test a very limited way of working with the aim of improving the lives of young people. The noble Lord asked for evidence, but it is not until we test ideas in practice—in a very limited way—that we can get that evidence, rather than just talking about a lot of theoretical ideas.

[Lord Warner]

I was making a slightly different point. Where is this groundswell of concern which accumulated in the DfE before it produced the legislation to suggest that this is necessary?

[Lord Nash]

I have already quoted a number of practitioners who have stated the need for it. As I have said, if we remove Clause 32—which I am quite prepared to look at doing—we will deal with many of the shadows that some noble Lords have raised.

The Government have listened and made substantial steps to put safeguards in place around the use of the power. The Children’s Minister and I remain ready at any time to discuss these clauses further. Professor Eileen Munro talked about doing the right thing, rather than doing things right, and that is what this power is all about. If these clauses are removed, noble Lords would be denying local authorities that can see a better way of working for the benefit of the children in their care the opportunity to test the whole system and learn how we can do things better, giving those children the opportunity of a better life.

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[Lord Warner]

My Lords, I echo the support given by other parts of the House to the Minister. I am grateful for the fact that Edward Timpson was very much in listening mode. He was extremely helpful in taking forward and dealing with the concerns many of us had with the original version of Part 2.

I echo the point made by the noble Lord, Lord Hunt, regarding the PSA’s concerns about how widely the powers have been drawn. It has been given powers to go to the High Court, which is not the arrangement it has with all the other health and care regulators. It is pretty nervous about the cost implications. Also, on the point the noble Lord made about the transition arrangements, a very large number of cases need to be dealt with, and there needs to be an orderly transfer.

My name has been added to Amendment 116, the intention of which is to get the Minister to explain why the affirmative resolution procedure applies to most of this part of the Bill, but the negative procedure applies to changing the name of the regulator. Is there some cunning plot in the DfE regarding another lot of names they have in mind?

[Lord Nash]

My Lords, I am grateful to the noble Lords, Lord Hunt and Lord Warner, for their comments. I will write to the noble Lord, Lord Hunt, about the transition arrangements. His advice is helpful. I can reassure noble Lords that we have no intention of expanding the PSA’s role in relation to its power to appeal cases to the High Court, but I will cover that in a letter to the noble Lord.

On funding Social Work England, we will ensure that any set-up costs will not fall on social workers themselves, and we are committed to supporting its running costs. Social workers already pay one of the lowest fees of any profession and we are determined to keep these as low as possible. It is of course normal practice for professional regulation fees to be subject to review from time to time. However, the amendments will ensure that Social Work England will also have to seek the approval of the Secretary of State before determining the level of fees. This will allow Ministers to exercise appropriate control over any future plans by the regulator to increase fees. I hope that reassures the noble Lord.

On the issue raised by the noble Lord, Lord Warner, we have reflected the principle he wanted in Amendment 115, which inserts a new clause to make specific provision for parliamentary procedures relating to regulations made under Part 2. This sets out that all regulations in the main body of Part 2 will be subject to the affirmative procedure. There is an exception for renaming the regulator. Frankly, that is because we believe a name change represents a relatively minor change and the negative procedure allows for sufficient scrutiny. A name change would, of course, not involve any change to the fundamental objectives and functions of the regulator or any of the other provisions governing the regulator’s operations. I hope the noble Lord is reassured to hear that, and that noble Lords are happy with the amendments.

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[Lord Nash]

My Lords, I am grateful for noble Lords tabling Amendment 117 and welcome the intention behind it. We are committed to ensuring that these provisions and the work of Social Work England are independently reviewed. It is crucial that we ensure that the provisions bring about the reforms that are needed and that they remain fit for purpose.

I am sure that noble Lords agree that we must avoid any potential for the social work profession not to be regulated, but we should not risk the regulatory oversight of the profession being in any way uncertain. I can reassure noble Lords that this Government are making substantial investment in social work reform and will not leave the success of the body to chance. I can commit to go further than promising to reflect on the matter and meet the noble Lords who have raised this issue.

To ensure that Social Work England remains fit for purpose and carries out its functions effectively—and at the risk of being accused of trying to end this stage of consideration of the Bill on a high—I want to signal now my intention to table an amendment at Third Reading that commits on the face of the Bill to the carrying out of a formal independent review of the regulator five years from the point that Social Work England becomes fully operational. We will require the review to be laid before Parliament.

I anticipate that the review will consider the operation of the regulator with particular regard to its governance and oversight arrangements. I will also require those undertaking the review to consult representatives of the social work profession and other interested parties. I also reassure noble Lords that, following the review and discussions with Members of Parliament and Peers, the Secretary of State for Education and the Secretary of State for Health will be required to publish a response setting out the actions that will be taken.

I wholly agree with noble Lords that appropriate measures need to be in place to ensure that these provisions are independently reviewed. As I set out earlier, the Professional Standards Authority will undertake an independent review annually on how Social Work England discharges its functions. The amendment that I will propose will strengthen these measures further.

I hope that the commitments that I have set out tonight—that an annual report will be published by the Professional Standards Authority, and the tabling of an amendment that would see a full independent review after the first five years of Social Work England’s operation published and accompanied by a statement from both Secretaries of State setting out clearly their response—will reassure noble Lords of the Government’s commitment to getting this right not just now, but in the future. I am happy to meet noble Lords to discuss the details further, but in view of these commitments I hope that the noble Lord will agree to withdraw the amendment.

[Lord Warner]

I am astonished. The Minister seems to have got over his earlier depression and I am very grateful to him for his response. On that basis, I beg leave to withdraw the amendment.

Children and Social Work Bill [HL]

Debate between Lord Nash and Lord Warner

Report: 1st sitting: House of Lords
Tuesday 18th October 2016 Lords Chamber

[Lord Warner]

I am sorry to interrupt the Minister’s flow, but I am puzzling over what he has just said about the amendments from the noble Lord, Lord Ramsbotham, and whether the thrust of those is going to be included in statutory guidance, particularly covering all the conditions set out in Amendment 5. He seemed to be quite encouraging about this, but perhaps he could clarify whether that will be covered in statutory guidance.

[Lord Nash]

We will certainly draw attention in the statutory guidance to all these conditions and their importance. We are reluctant to encourage people to assess everyone for all these conditions, if the noble Lord sees what I mean.

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[Lord Nash]

My Lords, I am grateful to the noble Lords, Lord Watson and Lord Warner, for the opportunity to discuss the most effective way of ensuring that partner agencies support local authorities in fulfilling their role as corporate parents, and grateful to them and the noble Baroness, Lady Pinnock, for their contributions to today’s debate.

Legal responsibility and accountability for looked-after children and care leavers rests with local authorities. We believe that maintaining this clear accountability is right to protect vulnerable young people. As such, it is important that the law is clear that local authorities are the corporate parents for looked-after children and care leavers. Section 10 of the Children Act 2004 already places a robust and clear statutory duty on local authorities to,

“make arrangements to promote co-operation”,

to improve the well-being of local children and care leavers in relation to,

“physical and mental health and emotional well-being … protection from harm and neglect … education, training and recreation”,

the contribution made by children to society, and “social and economic well-being”. The partners listed in Section 10 include the agencies necessary to support vulnerable children properly. This includes those listed in this amendment, such as health bodies and the police, but also organisations such as schools and further education institutions that local authorities consider appropriate.

I absolutely agree that partner agencies must be aware of their duties to co-operate with authorities to improve and have regard to children’s welfare under Sections 10 and 11 of the Children Act 2004. However, in practice, to fulfil these duties effectively local authorities would have to make relevant partner agencies aware of their obligations under Sections 10 and 11, so these amendments simply duplicate what is already legally required or necessary in practice to meet existing requirements regarding looked-after children and care leavers. I should add that, crucially, Section 10 goes wider than the amendment of the noble Lord, Lord Watson, as it also places a reciprocal and direct duty on partner agencies to co-operate with local authorities in this regard. Moreover, Section 11 of the Children Act 2004 places a direct duty on the bodies it lists to make arrangements to ensure that they have regard to the need to safeguard and promote the welfare of children when discharging their functions. Therefore, all the bodies within the scope of this provision will be required as of necessity to know about it.

When defining well-being, Section 10 actively addresses key areas where noble Lords rightly want assurance that all vulnerable children will receive high-quality support, such as mental health and emotional, social and economic well-being. This clear and holistic definition provides local authorities with a robust mandate for interagency co-operation to improve the wider well-being of children. Section 10 gives local authorities a strong lever to get the local co-operation needed properly to support vulnerable children and young adults in key aspects of life. The corporate parenting principles provide a further lever for local authorities to engage with key partners and utilise Section 10 arrangements to co-operate to improve the well-being of looked-after children and care leavers.

The fourth principle, in particular, provides for local authorities to have regard to the need to help looked-after children and care leavers access and make the best use of services provided by the local authority and relevant partners. Strong interagency working, underpinned by Section 10, will be crucial to achieving this. The statutory guidance on the corporate parenting principles will emphasise it. It is also important to recognise that there are numerous examples of local authorities and other agencies already working effectively together in the interests of looked-after children and care leavers.

In his report Residential Care in England, Sir Martin Narey refers to the protocol between 10 local authorities and four police services. The protocol aims to reduce the prosecution of children wherever possible by encouraging the use of restorative justice approaches. Trafford provides another good example of strong interagency working. Here, collocation of social workers with health staff and child and adolescent mental health services supports good access to services.

What Peers are seeking to achieve across the country—indeed, what we want—is already happening. It just needs replicating and this is about disseminating good practice and influencing hearts and minds. The corporate parenting principles aid that process because they apply to the whole authority and are intended to create a culture change. We recognise, of course, that, despite the existing legislation to promote interagency co-operation, practice is not always as consistent as it should be. We therefore plan to engage further with directors of children’s services on this issue with the aim of identifying other positive practice and disseminating it more widely.

Given the strength of the existing duties to co-operate under Section 10, our intention to reinforce this in the statutory guidance on the corporate parenting principles and to continue the drive to improve and embed effective practice, I hope the noble Lords, Lord Watson and Lord Warner, will feel reassured enough to withdraw their amendments.

[Lord Warner]

My Lords, I think it is a missed opportunity, but I am glad that the Minister is going to put some of this into statutory guidance. In the meantime, I beg leave to withdraw my amendment.

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[Lord Warner]

My Lords, my name is attached to Amendments 30, 31 and 34. I say to the noble Baroness, Lady King of Bow, that there have been Ministers in this House who have made concessions on the basis of the evidence before them; the noble Lord, Lord Nash, is not unique in this, although I am very grateful for the concessions he has made.

Let me start with Amendment 30. Going back in time to when I first became a director of social services in the mid-1980s, and having never, I have to confess, even been in a social services department in my life before, the very first briefing I was given by these luckless social workers who suddenly found that this strange man had been placed in charge of their department was on the importance of permanence and that if I did nothing else in my time as a director, I must promote planning for permanence. That has stuck with me as a big issue. The second briefing said: “You cannot rely on adoption to deliver permanence. Everybody likes to adopt babies and young children but you will find, oh dear director, that there are going to be a lot of children, from the age of 10 and moving into the teenage years, for whom you will have to plan for permanence, and adoption is not the issue”.

Any social worker starting out in their career over the last two or three years could be forgiven for thinking that the real answer to permanence is adoption. The points made by the noble Lord, Lord Hunt, are critical: if we believe in permanence as the aim of what we are trying to do—as we all do—we must not give any signals that longer-term fostering is not a perfectly valid option in planning for permanence. We must not delude ourselves, or allow ourselves to look as though we are deluding ourselves to the social work profession, that adoption is the only answer and that, somehow, longer-term fostering is an inferior option for permanence planning. So I hope that the Minister will think about that and what the impact of all this is on the profession, working day in, day out, on the front line trying to deal with and provide a more permanent solution for many of these children. We need an amendment of the kind that has been framed in Amendment 30 to restore the balance.

We discussed the issue in Amendment 31 pretty extensively in Committee. In those discussions I recall that the noble and learned Baroness, Lady Butler-Sloss, with all her experience in the family courts, said that all too often the voice of the child was absent from our legislation and court processes. She made much of that then, and there is an opportunity now, with Amendment 31—which, if I may say so to the Minister, is just five little words—to put clearly, fairly and squarely in the legislation an amendment that gives the voice of the child some recognition in the legislation. It will not cost the Government anything, so the easiest thing for the Minister to do shortly would be to stand up and say, “I accept Amendment 31”. He will then go out of this Chamber at the dinner break even more flushed with success and encouragement from the Members of your Lordships’ House. As the noble Baroness said on Amendment 34, this is a straightforward way of removing a disincentive to taking siblings into adoption. I am glad that the Minister is going to make a concession on that, but if he is in for one, why not go for a couple of others as well?

[Lord Nash]

My Lords, I shall speak to Amendments 30, 31 and 34, which concern the decision-making process about how a child becomes looked after and where they should be placed, and the state benefits which families of adopted children should be entitled to. There is also the matter of wishes and feelings. I am very sorry to disappoint the noble Lord, Lord Warner, but I understand that after very helpful discussions between the noble and learned Baroness, Lady Butler-Sloss, and my officials, she—or somebody on her behalf—plans not to move her Amendment 31. I believe she now recognises that it is not necessary, although my officials found the meeting with her extremely helpful. The child’s wishes and feelings are taken into account by local authorities when a child is looked after. This is a legal requirement under Section 22(4) of the Children Act 1989. When any decision is taken with respect to a child who is looked after, the local authority must ascertain their wishes and feelings.

Amendment 30, tabled by the noble Lords, Lord Watson, Lord Hunt and Lord Warner, proposes new wording for the permanence provisions of care plans in the context of care proceedings. As I stated in Committee in response to such an amendment, I recognise the concern that adoption should not be seen as more important than other long-term placement options. In answer to the point raised by the noble Lord, Lord Hunt, I can state clearly that there is no intention to create a hierarchy here between placement options. We want all children in care, or entering care, to find placements that provide stability and suit them. This is what we mean by permanence; there are different ways to achieve it for different children.

Clause 8 seeks to improve the decision-making process about where a child should be placed, whether that be adoption, with a special guardian, with foster parents or in a children’s home, by having particular regard to the child’s needs and how any placement options would meet those needs. The amendment seeks to explicitly set out in Section 31 of the 1989 Act a list of placement options, such as foster care. However, all placement options, including foster care, are already included within the current legal definition for permanence provisions. Section 22C of the Children Act 1989 and the accompanying statutory guidance set out clearly how all looked-after children, including children subject to care orders, are to be accommodated and maintained by local authorities. This includes a hierarchy of placements with parents, relatives, friends or other persons connected with the child, kinship foster placements with local authority foster carers and placements in children’s homes.

Local authorities and courts are very clear about what placement options they need to consider during care proceedings. Amendment 30 is therefore not necessary and would not add to the existing legislative framework. It would simply duplicate what is already set out elsewhere in the Children Act 1989, which is something that Governments always try to avoid. As the noble Lord, Lord Hunt, said, Section 22C clearly says that foster care is an option set out for local authorities and courts to consider, and this includes long-term foster care. Local authorities and courts understand this, and I am advised that no one is confused in practice on the issue. On that basis, I hope the noble Lord will feel able to withdraw his amendment.

Amendment 34, tabled by the noble Baroness, Lady King, and the noble Lord, Lord Warner, proposes a new clause so that child-related benefits would be payable to adopted children regardless of any limit on the number of children to whom those benefits are usually payable. As noble Lords will know, the Welfare Reform and Work Act 2016 legislated for the child element in child tax credit and universal credit to be limited to two children from April 2017. I was delighted to announce in my letter to noble Lords on 11 October that where a family adopts a child from local authority care and this increases the number of children in the family to three or more, all third or subsequent adopted children will attract the child element of either tax or universal credit. This will be provided for, along with the other exemptions, in regulations and is good news for families who come forward and give a loving home to some of our most vulnerable children. It represents another example of the Government’s ongoing commitment to support these children and their families.

I am grateful to the noble Baroness, Lady King, for her kind words. As the noble Lord, Lord Warner, said, I may not be unique in listening to rational arguments but I may be unique in being incapable of resisting the noble Baroness’s charms and the powers of her arguments. I am sure that we will all miss her and I wish her and her family all the best in California. I hope that it will not be long before we see her back on those Benches.

Amendment 32 would simply ensure that Clause 9 will now apply to adoption agencies in Wales, whereas the previous draft of this provision applied to courts in England and Wales and adoption agencies in England. It will also mean that the provision of the new duty will come into force at the same time in England and Wales. The department has agreement from the Welsh Government to lay this amendment, in anticipation of the Assembly scrutinising the required memorandum before agreeing a legislative consent Motion.

In conclusion on all the amendments that have been discussed, I hope the noble Lords, Lord Ramsbotham, Lord Watson, Lord Hunt and Lord Warner, will feel reassured enough to withdraw or not press their amendments, and that the House will support the Government’s amendment.

Children and Social Work Bill [HL]

Debate between Lord Nash and Lord Warner

Tuesday 18th October 2016 Lords Chamber

[Lord Nash]

My Lords, I am grateful to the noble Lord, Lord Warner, for this amendment and for the important issue that he has raised. As noble Lords will recall, in Grand Committee he raised the role of the judiciary in serious cases involving children, with particular reference to the tragic case of Ellie Butler. I have since written to him further on this matter, as he said. Noble Lords will also recall that, in the Butler case, Ellie’s father had his conviction for grievous bodily harm in relation to injuries suffered by Ellie overturned by the Court of Appeal. Later, a finding of fact judgment, which took place as part of care proceedings, was also overturned. That led to the return of Ellie and her sibling to the care of her parents, a process overseen by an independent social work agency under instruction from the court, as the noble Lord, Lord Warner, has said. Tragically, within a year of being returned to her parents, Ellie was murdered by her father.

No one can fail to have been moved by the circumstances of that case, and it is understandable that queries have been raised about the impact of judicial decisions in particular cases, and the role of the judiciary in the serious case review process more generally. However, as the noble Lord, Lord Hunt, has mentioned, the judiciary is independent and, for constitutional reasons, it cannot and should not be held to account by the current serious case review process, or, in future, by the Child Safeguarding Practice Review Panel. This does not mean that there is no process for responding to decisions made by judges—which may be appealed at the time. Alternatively, if there is concern about a judge’s conduct, a complaint may be made to the Judicial Conduct Investigations Office.

I appreciate the noble Lord’s concern—which he has also put in writing to me— about the potential impact of judicial decision-making on the ability of local authorities to discharge their statutory functions. I agree that this may be a matter which reviews carried out on behalf of the panel could highlight. The noble Lord will appreciate that, through this Bill, it will be the role of the Child Safeguarding Practice Review Panel to identify serious child safeguarding cases that raise issues which are complex or of national importance and to supervise the production and publication of reviews. The panel will certainly be concerned to make recommendations, through its reviews, as to what improvements should be made by safeguarding partners or others in respect of the safeguarding and welfare of children. Where such recommendations relate to, or could relate to, judicial practice, the Department for Education will continue to work closely with colleagues from the Ministry of Justice to communicate these recommendations to the judiciary, so that the judiciary can consider what, if any, impact there should be on judicial practice. Judicial practice does, of course, remain a matter for the judiciary itself.

It is not that the panel cannot review and make recommendations; it can. It just cannot direct the judiciary, although we will work with it to make sure that lessons are conveyed. Given the panel’s remit and concerns that have been expressed regarding the need for the panel to be independent of the Government, I do not feel that it would be appropriate to include guidance from the Secretary of State to the panel on this issue. The panel must be free to set its own terms of reference for individual reviews, and I would expect this to include consideration of how a local authority has discharged its safeguarding responsibilities under all circumstances—or if, indeed, it had had difficulty in discharging them for whatever reason. Indeed, this consideration would also apply to all other agencies and could be a significant finding in a review leading to improved practice across the country. However, as each case will be different, general guidance to address what will be a case-by-case consideration is not likely to be beneficial or practicable.

On whether independent social workers are regulated, I assure the noble Lord that all social workers are professionally regulated. In view of this, I hope that he will be reassured about the scope of the panel’s functions, including the need for the panel to be able to treat each situation on a case-by-case basis and make the recommendations it sees fit, and therefore will feel able to withdraw the amendment.

[Lord Warner]

I am partially reassured. The Minister mentioned appeals, but they can take a very long time, and there is a very good chance that Ellie would have been dead before an appeal was heard in her case.

There is another constitutional issue, which is that judges should not be able to change the law. In this case, the judge changed the law and inhibited the local authority in discharging its statutory safeguarding duties. I ask the Minister to think a bit more about this and to look at the guidance in Working Together to Safeguard Children because it is not consistent with what he has said today. I beg to leave to withdraw the amendment.

Children and Social Work Bill [HL]

Debate between Lord Nash and Lord Warner

Wednesday 13th July 2016 Grand Committee

[Lord Nash]

I will come to that. In its totality of standards, there is very little which is focused on or particularly salient to social work education. The current regulatory model also does not focus on setting professional standards for post-qualification practice. This sets social work at odds with other professions, such as nursing and midwifery, and the current model sets requirements around continuous professional development which are generic and applicable to all the professions that the HCPC regulates. We believe there is clear scope for improvement, and I am glad that the noble Lord, Lord Hunt, agrees.

[Lord Warner]

Everything that the Minister said seemed to relate to social workers in the services for which his department is responsible. Is he saying that all these same considerations apply to social workers who work with adults? If he is, let us see the evidence. None of us has seen this evidence, and I have certainly not heard that there are these kinds of concerns about social workers who work with adults in a co-operative and increasingly joined-up way with the NHS.

[Lord Nash]

In relation to education and training, we are saying that.

[Lord Warner]

What expertise does the DfE have in relation to the work and performance of social workers working with adults? The Minister has no responsibility for that. His officials have no knowledge or responsibility for this area. Where is the evidence? Does this come from the Department of Health? Where has it come from?

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[Lord Nash]

As I said earlier, the recent report by the DPRRC agreed that it was not inappropriate for the Government to place the regulation of social workers in subordinate legislation, despite the width of powers being conferred. In respect of our ambition to establish a bespoke regulator of social workers, we believe that delegated legislation remains the most appropriate vehicle for a number of reasons. These include the level of operational detail in the establishment and transfer of regulatory arrangements, the need to regularly review matters such as professional standards, and the mechanics of operating a professional register, all of which, in our view, point to the need to make appropriate use of secondary legislation.

In closing, I reiterate that reforms are needed as quickly as possible. I believe that our approach can ensure a new system of regulation for social workers—designed in partnership with the profession—which is transparent and has the flexibility to meet the needs of this vital profession both now and in the future.

I hope that the safeguards and governance arrangements that I have set out, the commitment to wide-ranging consultation with the sector and a clear point of review will provide the necessary reassurance that the proposed model of regulation is fit for purpose. In view of this, I hope that the noble Lord will be able to withdraw his amendment and agree that these clauses should stand part of the Bill.

[Lord Warner]

My Lords, I listened to the Minister with increasing disbelief and I think that many Members sitting on this side of the Room did as well. I do not really know where to start, other than to say that I am totally unconvinced by his arguments. He and his department simply do not understand the difference between improvement and regulation, and I shall take up one or two points.

He said that fitness-to-practise decisions will be taken by experts on behalf of the regulator. That is what he said. But the regulator takes the decisions—that is why the regulator is set up. It is not some other set of experts but the regulator who takes the decision on fitness to practise, which effectively is often a decision to stop someone’s livelihood as a professional. That is why it is very important.

I found some of what the Minister said extraordinarily strange. He is asking us to take it on trust that there will be a set of consultation arrangements with the professions and all these interests if we just give him the powers in the Bill. That is the nub of what he is saying: “It will all be alright on the night because we are good guys and will consult people”. I might be more trusting of that if I had seen some evidence that the Minister and his department had consulted all these interests before coming forward with this Bill. In my view, one of the best predictors of future behaviour is past behaviour, and I do not see much sign that evidence has been put to the profession. There might have been a chat between the chief social worker and a few trustees out there, but to many of us it does not look like much more than that.

I am astonished that the Department for Education, of its own mere motion, is taking responsibility for the regulation and improvement of social workers who work with adults. There is a major machinery-of-government issue and my starting point is to go to the Cabinet Secretary and ask whether proper processes have taken place within government between these two departments. From the evidence I have seen and heard so far, they have not.

--- Later in debate ---

[Lord Nash]

My Lords, in view of what the noble Lord, Lord Warner, said about how we are apparently wasting everybody’s time, I will try to be brief, but I shall deal with his first point about the involvement of the DoH. The two departments have been working very closely together and will continue to do so. I have two officials from the DoH here today, and both departments will be involved in the governance.

Amendment 135C seeks to establish a new social work improvement agency under the auspices of the Government which will have responsibility for promoting the highest standards of practice, conduct, education and training and professional development. I understand the intention that this new agency would work in partnership with an independent regulator to raise standards across the social work profession.

As noble Lords will be aware, regulators traditionally have three key roles: first, to set and maintain standards; secondly, to control entry to the profession; and, thirdly, to take action in response to concerns raised about registrants. These functions are distinct from the quality improvement activities commonly carried out by a professional body or college. We understand the concerns that have been raised by the sector and the Professional Standards Authority about conflating regulatory and improvement functions in the one organisation. We agree that the blurring of these functions can lead to conflicting and competing priorities, and can leave regulators open to accusations of marking their own homework.

Let me be clear: we do not intend to set up a regulator that also doubles as an improvement agency, nor are we setting up a professional body. The agency, however, will have a remit that goes beyond simply setting minimum standards for public protection. Just as the GMC standards define good medical practice, so the standards of the new regulator will seek to set out what constitutes good social work practice rather than what is just acceptable. Social work requires an approach that goes beyond the traditional safety net role of professional regulation. Social workers take critical and complex decisions in high-risk environments on a daily basis. Therefore, it is only right that regulation is focused on ensuring that all social workers have the knowledge and expertise to not only be fit to practise but to be able to practise well. We make no apologies about this.

Unfortunately, the social work profession has been unable to sustain a professional body to support the work of a regulator in raising standards. Most other healthcare professionals are supported by strong professional bodies which take an active role in quality improvement, supporting and completing the work of the regulator. The Government have invested significantly —over £8 million, to which the noble Baroness, Lady Walmsley, referred—in the College of Social Work to address this gap. However, the College of Social Work was unable to attract the membership required to make it financially sustainable.

The Government understand that the development of a strong professional body is important to raise the status and standing of the profession in the long term. The Government cannot do this alone. An organisation that can articulate the views and interests of social workers and complement the work of the regulator is needed. However, our recent experience with the failed College of Social Work makes clear that this is for the profession to develop, own and maintain. We are not asking the agency to also perform this role. We are happy to continue to talk to the sector about whether it can establish its own body but, as I say, it must be developed and maintained by the sector.

As I set out previously, to bring about the reforms needed the social work profession needs a bespoke regulator with an absolute focus on raising the quality of social work education, training and practice and setting new and more specific standards. Alongside improvements to the regulatory system we will, of course, continue to invest in supporting the profession. The new agency will have a wider regulatory remit than traditional regulators and will go beyond minimum standards. It will do this through the setting of specific and higher standards.

The reforms that are needed to practice standards cannot be addressed through the development of an improvement agency. To allow us to rapidly deliver improvements and to embed the new regulatory system, the regulator will set new tougher standards for initial qualification, focus on professional standards for post-qualification, set new standards for continuous professional development, maintain a single register of social workers and oversee a fitness-to-practise hearing system, to which the noble Baronesses, Lady Pitkeathley and Lady Pinnock, have referred.

I can assure noble Lords that the Government do not intend to set up an agency with dual and conflicting roles. The new regulator will ensure that all social workers have the knowledge and expertise needed not only to be fit to practise but to be able to practise well. I hope the arguments I have set out will give the noble Lord the confidence to withdraw the amendment.

[Lord Warner]

Perhaps I may take the Minister back to his opening remarks, which were meant to reassure me because he had a couple of Department of Health officials behind him. However, the Minister is not taking seriously the machinery of government issue.

Children and Social Work Bill [HL]

Debate between Lord Nash and Lord Warner

Monday 11th July 2016 Grand Committee

[Lord Warner (Non-Afl)]

Will the Minister think about a very simple question? If you take powers to bring things up to national level and away from local level, I suggest that you then have an obligation to monitor what happens to the output from that new national body and to account yourself for whether anything has been implemented. Can the Minister explain to the Committee a little more about how that aspect of all this is going to work?

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

My Lords, in this group Amendments 105, 107, 108, 109, 109A and 110 concern places of detention, serious child safeguarding cases and serious harm. I am grateful to the noble Lord, Lord Ramsbotham, and the noble Baroness, Baroness Walmsley, for these amendments. I particularly thank the noble Lord, Lord Watson, for his very encouraging opening remarks—but I understand that the new Prime Minister will not be in No. 10 until Wednesday evening, so noble Lords will probably have to put up with us at least until then.

Before I turn to these amendments, I confirm that I would be delighted to convene a meeting to give noble Lords more detail on the Child Safeguarding Practice Review Panel. A meeting was specifically requested at our last Committee session by the noble Lord, Lord Warner, and the noble Baroness, Lady Pinnock, but the invitation obviously extends to all noble Lords.

I will begin with Amendments 105, 107 and 110 concerning places of detention. I had hoped that I had reassured noble Lords about the independence of the Child Safeguarding Practice Review Panel at the end of the last Committee sitting—particularly the noble Lord, Lord Watson, and the noble Baroness, Lady Howarth, who raised these concerns. As I said then, the establishment of a strong, independently operating national panel is essential. Because of its independence, the panel will have the autonomy to use its judgment about the circumstances in which it deems it necessary to carry out a national review, although we intend to provide guidance that will aid its decision-making in this regard. I assure the noble Lord that we will take particular care to reflect on the importance of children held in detention, and to consider carefully the ways in which the guidance for the panel reflects not just the deaths of children, but children who have been abused or neglected.

The existing 2015 statutory guidance, Working Together to Safeguard Children, sets out that a serious case review should always be carried out when a child dies in custody, in police custody, on remand or following sentencing in a young offender institution, a secure training centre or a secure children’s home. The same applies where a child dies who was detained under the Mental Health Act. We will want to consider carefully how any new guidance produced for the panel takes this into account, bearing in mind the panel’s basic functions of the panel.

On Amendment 109A, I can assure the noble Lord, Lord Ramsbotham, that anyone may notify the panel of serious events in institutional settings, or indeed of such events in any place. Clause 13, as drafted, deals with requirements on local authorities but does not prevent others making direct notifications. In respect of the proposal to add a specific reference to guidance, I assure the noble Lord that Clause 12 already provides for the panel to have regard to any guidance issued by the Secretary of State in respect of its functions, and Clause 13 provides the same in respect of local authorities’ duty to notify. We will make it clear that others may notify the panel of events directly.

I now turn to Amendments 108 and 109. Amendment 108 seeks to add to the definition of serious child safeguarding cases by including specific reference to cases where physical injuries or harm are caused by unlawful or abusive restraint in any institutional setting. Amendment 109 seeks to broaden the scope of the definition of serious harm to include both ill treatment and the impairment of physical health. I agree entirely with the premise behind the amendments. However, inevitably, any such definitions cannot be exhaustive and include all circumstances, or cover all settings within which children might suffer injury or harm.

The definition in Clause 12 of serious child safeguarding cases includes reference to children who have been seriously harmed. This is based on the definition set out in the current safeguarding statutory guidance, Working Together to Safeguard Children, which was drawn up following consultation last year. The definition of serious harm includes the factors stated in subsection (9). The wording proposed is not intended to cover all scenarios. Great consideration was given to the factors to be included in the definition of both serious child safeguarding cases and serious harm for the purposes of the clause. It will be for the panel to consider each case in line with these definitions to identify serious child safeguarding cases and determine what form of review is required. We expect that to include cases where factors such as those outlined by the noble Lord, Lord Ramsbotham, and the noble Baroness, Lady Walmsley, are a feature.

Clause 12 sets out the functions of the new panel. The panel will identify serious child safeguarding cases in England that raise issues that are complex or of national importance. The purpose of any such review will be to ascertain how practice by local authorities or others to safeguard children can be improved as a result of learning from the cases. I assure the noble Baroness, Lady Meacher, that this is about improvements in practice that can be disseminated nationally, not about the blame or public censure of individuals. Any disciplining of individuals will be done through the usual employment processes where they are working, or with reference to professional bodies, if needed. Reports on serious cases should not name individuals, whether they are professionals, children or family members. Writing reports in a way that ensures individuals are not named has been a long-standing convention in serious case reviews, and this should continue under the new arrangements. I assure the noble Baroness that the guidance will make this point absolutely clear.

As for her point about Amendment 114, we will come to it in detail in two groups’ time.

--- Later in debate ---

[Lord Nash]

My Lords, I will speak to this amendment, which enables a request for information by the Child Safeguarding Practice Review Panel to be enforced. It is essential that the panel is able to request information to enable it to perform, or assist it in performing, its functions. This may also include normally privileged information, which is frequently an integral part of what has to be considered as part of the review process. This is already set out in Clause 14.

This amendment enables the panel to apply to the court for an injunction, should a person or body refuse to comply with a request by the panel for information. In the case of normally privileged information, the panel will consider the reasons for that. It may ask the person or body to justify any refusal, but may ultimately compel that information to be provided. As previously discussed, however, this provision would not apply to the judiciary, whose independence is a constitutional matter.

The Wood review highlighted the critical importance of effective and speedy sharing of information and data in relation to protecting and safeguarding children. This clause will underline the importance of sharing relevant information with the panel, backed up with the power of enforcement. I beg to move.

[Lord Warner]

My Lords, we had a good go over the issue of the judiciary on our last Committee day. The Minister slid very quickly over this particular issue in his remarks—namely, that judges are exempt. Can he pray in aid what the provisions are that stop a review panel looking at the conduct of a judge? We spent a lot of time on the case of Ellie Butler, but that was clearly a case where the practice of the judge could be called into question—not just on the individual circumstances but on the systems issue of whether the judge could actually replace social workers who had been protecting the child for some period and bring into being a new review of the child’s circumstances by a set of private social workers, for whom the child was a new client. That is a systems issue; it is not just about the judgment of the judge but about a piece of practice that seems to me to be at least arguable. Why, in that set of circumstances, should the judiciary be exempt from review by this panel?

[Lord Nash]

I will write to the noble Lord about that.

--- Later in debate ---

[Lord Warner]

I really must help to reinforce this message to the Minister, because from what he has said so far he does not seem to get it. What we need, in writing, are the primary and secondary legislation blockages that are stopping innovation and why in those cases you cannot use the Secretary of State’s power of direction or an amendment to the statutory guidance. That is the issue, and he has not come anywhere near tackling that proposition.

[Lord Nash]

I heard the noble Lord the first time. I have not got very far but if I am allowed to continue I shall get to it. This power is about creating a safe mechanism to test new ways of working to improve outcomes for children. It creates a controlled, time-limited space to test new ideas. It is not about eroding children’s rights or removing the basic duties of local authorities to safeguard children. The power is not about questioning the fundamentals of what local authorities need to do, but about exploring how things could be done better.

I will try some more illustrations. I do not suppose they will get me very far but since I have more to say, perhaps people could bear with me. I shall illustrate this point with two examples. First, it is felt that on some occasions applying the full gamut of care-leaver regulations associated with children on remand, who automatically become looked-after when in custody, is not always the best option for those children. Local authorities are interested in developing a service that better responds to their needs, informed by the young person, which, where a local authority can make a professional decision, would ensure better and informed choices without an unwanted service automatically being triggered by legislation. A real-life example of that was given to us by one of our partner in practice local authorities. In this instance, the young person was returning to live with their grandmother. Applying the burdens and processes associated with looked-after children placements unnecessarily overcomplicated matters for both the authority and, most importantly, the young person and their family.

Secondly, as I highlighted at Second Reading, there is a widespread view that adoption and fostering panels do not always add value, and can often delay the process of approving prospective carers. These panels are only advisory, with the ultimate decision resting with the local authority. Local authorities explain that they think they could get to the same decision quicker without the panel in some circumstances. The freedom likely to be requested would be to remove the requirement always to have the panel in place for all cases, and for the agency decision-maker, who currently makes the decision, to continue to exercise their professional judgment. In straightforward cases, the decision would be made quicker to allow the best solution to be progressed faster so that children get the support they need. I heard what the noble Lord, Lord Watson, said about the concerns that Coram has in this respect, and we will be very happy to talk to Coram about its concerns in some detail.

I will speak to other examples as I go through my response to the amendments. In turn, the department will look to evaluate the use of the power so that we understand the impact, where there is a case for permanent changes to the legislative framework—changes that would of course come back for further scrutiny to this House.

I turn to Amendment 129, clarifying the purpose of this power to innovate. I agree that a focus on improved outcomes for children and young people is key. However, the drafting of the clauses already makes clear that the power is focused on outcomes for children and young people. Clause 15(1) refers to children’s social care legislation. The Children Act 1989 and its associated legislation is designed with the outcomes for children and young people at its core. By referencing children’s social care legislation explicitly, it is clear that the clause is directed at outcomes for children and young people.

On Amendments 130 and 131, I agree that the Bill should not lead to any changes that adversely affect the rights of children or lead to the withdrawal of support or services that they depend on. The whole point of these clauses is to allow local authorities to do things better. We do not propose to put an independent review panel in place. However, there will be a variety of safeguards in place to ensure that the power is not misused and that all applications are subject to very robust consideration before they are approved.

In particular, I draw noble Lords’ attention to the requirements both on the local authority to consult its safeguarding partners and relevant agencies and on the Secretary of State to consult Her Majesty’s Chief Inspector of Education, Children’s Services and Skills and the Children’s Commissioner. Of course, representing the views of children and young people is a key part of the Children’s Commissioner’s role, and Ofsted will also need to consider its functions of promoting the best interests of children when consulted on the use of the power. It is also important to note that any changes to primary legislation will be debated in both Houses, which in many ways constitutes the independent reviewing process that these amendments seek. In answer to the point on consultation with children in care and their representatives made by the noble Lord, Lord Wills, I agree that the voice of the child should be recognised when requested freedoms are being considered.

While I am not proposing to accept the amendment, I would like to provide reassurance that children are at the core of this provision. In most cases, we would expect local authorities to have consulted children affected by any change and in fact many of the possible changes that local authorities have discussed with us originate from requests from children, as I have already said. For example, in the case of independent reviewing officers, children have fed back to our partner in practice authorities that they do not like additional people who they do not know to be present at their case reviews discussing intimate information. More specifically, in the case of North Yorkshire, just over 400 children and young people are looked after. The vast majority are very settled and achieving well. Older young people in this position tell the authority that they find regular formal reviews unsettling and that they would like to be treated like their non-looked-after peers. There is then a much smaller number, on average 20, who are not currently settled and require regular in-depth reviews. This is one area in which a request for use of the power to innovate may well be made to make more effective use of the experienced cohort of independent officers.

The noble Lord, Lord Watson, talked about the risk assessment of exemptions. I agree that it is vital that we consider this carefully before any exemptions are agreed. We will need to do that, looking at the merits of each application from the local authority, when bringing forward regulations under Clause 15. Noble Lords may know that in responding to the DPRRC report I committed to bring forward an amendment to ensure that all regulations will be accompanied by a report setting out anticipated benefits and the protections to be put in place by local authorities to mitigate risks. That, combined with the other safeguards that we have in place, means that risk will be assessed and managed.

The noble Baroness, Lady Bakewell, raised a point about how local authorities would be chosen. I would expect any local authority that wants to apply for an exemption to demonstrate strong leadership and either strong performance or a clear trajectory of improvement consistent with the approach that it wants to test. Ultimately, the Secretary of State will not take forward any requests if she has concerns about the local authority’s ability to implement the change safely or to learn from the testing and share its insights with the wider sector. That is why I anticipate that the first application will be from our partner in practice authorities—a group of 11 of the best-performing children’s services in the country.

The noble Lord, Lord Warner, and the noble Baroness, Lady Walmsley, raised points about Professor Eileen Munro and what she wanted. She said:

“I welcome the introduction of the power to innovate set out in the Children and Social Work Bill. This is a critical part of the journey set out in my independent review of child protection towards a child welfare system that reflects the complexity and diversity of children’s needs”.

I am delighted that so many noble Lords have referred to excellent examples of innovation by various local authorities, but of course just because some innovation is taking place without changes to legislation does not mean that others will be able to innovate without making such changes. Of the examples that we have been discussing with local authorities, all need exemptions from secondary and in some cases primary legislation. I will write to the noble Lord, Lord Warner, setting out what primary and secondary legislation blockages are in place before Report.

To answer the noble Baroness, Lady Pinnock, there are no limits to what can be requested; the Secretary of State is concerned about the impact on children, and if she thinks it is appropriate, it will proceed.

However, in view of noble Lords’ concerns and suspicions about our motivation, the best way forward—in addition to writing to the noble Lord, Lord Warner, and sharing that letter with all Peers—is to have what I suggested. I hope that all noble Lords who are interested will come to a meeting with a number of local authorities and individuals where they can explain in detail why they need this power, and noble Lords who feel that they can achieve the same objective without using it can talk about that. We can have a detailed, granular discussion about specific examples, rather than a high-level discussion, which is always, in my view, rather dangerous. I commit to organising that, and I hope that all noble Lords will attend.

Children and Social Work Bill [HL]

Debate between Lord Nash and Lord Warner

Wednesday 6th July 2016 Grand Committee

[Lord Warner]

Will the Minister clarify the position of social enterprise companies which often have to make a surplus or a profit, depending on where you come from? The Minister and I have been having a flourishing series of exchanges through Written Questions and Answers on what happens when Ofsted regards children’s services as inadequate. The outgoing Prime Minister seems to think that two strikes and you are out is a good idea. I have been asking the Minister for a lot of information about the cost of setting up these trusts, which are quite considerable, and what the Government’s policy on this is. The Government’s policy, most recently exemplified in relation to Birmingham, seems to be that where there are two inadequate reports from Ofsted the local authority could well be required to put its services into what is sometimes called a voluntary trust. On further, closer inspection, a voluntary trust can also be a social enterprise company, and social enterprise companies need to generate surpluses or profits in order to invest in continuing improvements in the services they are running. Since Ofsted has said that one-quarter of children’s social care services are inadequate, will the Minister clarify where this agenda is going? Does it mean that in five or six years’ time we will see a very large number of local authorities’ children’s social care services placed under contract with a number of bodies separate from the local authority, with the local authority still held accountable? Those separate entities, I understand from the Answers I have been receiving, could include all social care services, including child protection. Where are the Government taking this agenda? Have they thought through their position on surpluses or profits from the kinds of organisations that would be under contract with local authorities in which Ofsted determined that social services were inadequate?

[Lord Nash]

My Lords, I spoke to this issue at Second Reading. It is an important question to clarify, and I am very grateful to noble Lords for the chance to return to it so that I can be crystal clear. We are not seeking in this Bill to revisit the established position on profit-making. That is not our intention. There has, of course, been a mixed market in children’s social care for many years, and local authority children’s services regularly work with private and third sector organisations—for example in the provision of foster care and residential care. The Children and Young Persons Act 2008 allowed local authorities to take this relationship further by contracting with these partners for the full discharge of their functions relating to looked-after children and young people.

Noble Lords will remember debating regulations in 2014 to widen the range of functions that a local authority could delegate in this manner to cover other children’s social care functions, notably child protection. The Children and Young Persons Act 2008 (Relevant Care Functions) (England) Regulations 2014 explicitly ruled out profit-making from this wider set of functions. Nothing is more important than the safety and well-being of children, and we are committed to supporting professionals in finding new and more effective approaches to improving outcomes for the vulnerable young people in their care. In recent years that has involved promoting new models of delivery, but we have absolutely no intention of revisiting the position on profit-making settled by Parliament two years ago. I reassure noble Lords that any change to the 2014 regulations would need to be by the affirmative route.

As the noble Lord, Lord Watson, said, we will revisit the innovation clauses next week, but I will say again now that we have no intention of using Clause 15 to allow the existing position to be circumvented. In our conversations with local authorities, there has been no discussion of using Clause 15 to allow profit-making. This is not what we are seeking to do with that clause. I think noble Lords were reassured when we showed them the examples of innovations and they understood a bit more what this was all about. I hope that further examples will help clarify the position.

The noble Lord, Lord Warner, referred to the depressing situation in Birmingham. He slightly lost me on the concept of profit, because obviously organisations such as charities or local authorities are often trying to generate a surplus in order to reinvest. I do not think it is very helpful in this debate to wander into that, but I hope that when we give further examples of how the clause on innovation will be used, noble Lords will be reassured.

--- Later in debate ---

[Lord Warner]

Can I challenge the Minister on this? I would agree that there is a world of difference when it comes to a private company, which is perhaps going to make profits to distribute to its shareholders. That is one set of circumstances, but we then start to move down a series of alternatives. I cited the example of a social enterprise company, which is a body corporate and is entitled to make surpluses. They are not called profits, but it is taking income out of the local authority and building a surplus in an organisation which is not a public body. That must have some effect on the extent to which the resources devoted by the local authority to that social enterprise are available for services in any one given year. How big can those surpluses get before they have an impact on the volume of services that can be delivered? The Minister is trying to brush this away. I am not trying to score points, but the noble Lord, Lord Watson, has raised an important issue. You cannot just say that these are not distributed-profit companies—these companies can build up surpluses which could have an impact on the revenue that is available in any one financial year for the provision of services.

[Lord Nash]

I will reflect further on what the noble Lord has said. What we are trying to do in these situations is make sure that where services have been provided badly—in the case we are talking about, they clearly were—they are provided better by alternative suppliers. I will reflect further on the point he makes and come back to him on it, but in view of the reassurance I have given to noble Lords that we have no intention of revisiting our position on this, I hope the noble Lord will feel able to withdraw his amendment.

--- Later in debate ---

[Lord Warner]

My Lords, I will speak to Amendments 103 and 104. Amendment 103 seeks clarification from the Minister on the powers of the new child safeguarding practice review panel to require information in relation to its functions. In Clause 14 a,

“person or body to whom a request … is made must comply with the request”,

without, apparently, any exemption.

The report of this House’s Constitution Committee published on 13 June pointed out that:

“This is a broad obligation … and could possibly include information of an incriminatory nature”.

As far as I can see, there is no explicit exemption for material that would ordinarily be the subject of either legal or medical privilege. I can see that a broad exemption of that kind could hamstring the panel in its difficult work. and I will say a bit more about that in relation to a particular case. However, I do not think that we should wait until a case of this kind arises and then find that we are not sure what the rules really are. That is why I support the Constitution Committee’s request for greater clarification.

To illustrate my concerns, let me cite a recent case that could be said to raise this issue if the new review panel were in existence. We have already mentioned today the recent case where Mrs Justice Hogg was criticised by a case review for her decision to take Ellie Butler away from her grandparents and return her to her parents where her father beat her to death 11 months later. My understanding—the Minister may be able to correct me if I have this wrong—is that the judiciary does not consider that the judge can be required to explain her actions to a review panel. In particular, this would make it difficult to consider the system implications of whether a judge should have been able to set aside the judgment of the local authority social workers who had been protecting Ellie and appoint new private social workers to make a different assessment of the protection she required, which sadly resulted in her being returned to her parents with catastrophic results.

This is a systems issue about how the judiciary works. I can see that that could involve incriminatory evidence. Let me reassure the Minister that I am not trying to discuss this case but I am using it to indicate that there may be confusion in the wording regarding the panel’s ability to request information when people may or may not conform for reasons of incrimination. I hope that the Minister can help us with this because we need greater clarity about whether there are any exemptions to a request for information by the panel and the nature of those exemptions.

Amendment 104 is an attempt to introduce time limits into the production of review panel reports. This panel will be considering serious systems matters which are referred to it. It is important that we complete these reviews quickly so that people can learn from mistakes. We do not want very long and drawn-out reviews that hold up learning. We need some kind of time limit here. I am not particularly wedded to the six-month time limit that I put in just to probe the issue, but it would be worth the department and the Minister considering the insertion of time limits for the work of these review panels. I beg to move.

[Lord Nash]

My Lords, I am grateful to the noble Lord, Lord Warner, for Amendment 103. It raises important issues which I welcome the opportunity to address.

Children and Social Work Bill [HL]

Debate between Lord Nash and Lord Warner

Monday 4th July 2016 Grand Committee

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

My Lords, before I respond, I am sure noble Lords will be interested in the documents that my department has published today relating to children in the social care system. The first is a policy paper entitled, Putting Children First: Delivering Our Vision for Excellent Children’s Social Care. It sets out our programme of reform to children’s social care for the next four years. The second is an independent report on children’s residential care by Sir Martin Narey, the former chief executive of Barnardo’s, who is an independent social care adviser to the Department for Education. Sir Martin paints a positive vision for the future role of residential care and we are grateful for his report. I am sure noble Lords will be interested in both publications, which we have today emailed to all noble Lords who were present on the first day in Committee. They will be available in the Library of the House.

I am grateful to the noble Lord, Lord Warner, for this amendment. I fully appreciate the intention behind it. However, what he seeks to achieve is already encompassed within the corporate parenting principles and existing legislation, which I will explain.

The fourth corporate parenting principle is designed to ensure that the local authority, as a whole, acts as a corporate parent, and helps looked-after children and care leavers to gain access to the services and support they need, including those provided by other relevant partners—to avoid the silo mentality that the noble Lord, Lord McNally, referred to, and, as the noble Lord, Lord Watson, said, to ensure that all those who can help are involved. On the point made by the noble Lord, Lord Warner, about Section 10, I apologise for the confusion. I am sorry to have created so much homework for him. Perhaps in future he can send me a short note and I could save him some time. After all, that is what officials are for. As the noble Lord, Lord Watson, said, we are talking about the Children Act 2004, and I will write to the noble Lord with the relevant section and an explanation.

On the point made by the noble Lord, Lord Watson, to make this section and duty more effective, for the first time we are bringing in the principle of corporate parenting. I am happy to discuss that with him further and, to take the point made by the noble Lord, Lord Ramsbotham, to hold a meeting to clarify amendments and ensure, as the noble Baroness, Lady Howarth, says, that we get a sensible Bill without imposing too many new duties that are not really necessary on local authorities.

Local authorities are already under a duty under Section 10 of the Children Act 2004 to make arrangements to promote co-operation between the local authority and each of its relevant partners, including health bodies, schools, local policing bodies, probation boards and youth offending teams, as well as the voluntary and community sector. On the point made by the noble Baroness, Lady Pinnock, I know she would always like to have more money, but this does not impose any more responsibilities on local authorities. The intention of the existing duty is to improve the well-being of children in the local area and the corporate parenting principles are matters that the local authority must consider under the existing legislation. They do not add further functions.

Therefore, it seems inconceivable that under the existing legal framework relevant local agencies would not be aware of the needs of looked-after children and care leavers in the area. If that is the case, the issue must be with how well the local authority is putting its existing responsibilities into practice rather than it being a problem with the law. Therefore, I see no need to add to the seven principles in the way the noble Lord suggests.

The approach used in the existing legislation is broadly similar to the way the duty to co-operate works in the Care Act 2014, which the noble Lord, Lord Warner, referred to during the Committee’s first sitting. The local offer for care leavers will take us further than ever before in helping to ensure that the needs of care leavers are in the minds of services related to health, housing, education, police and employment. In developing their local offer, local authorities will need to talk to those services about what they intend to bring to the table based on what care leavers have told them they need.

For too long care leavers have told us that they do not always have the information they need about the services they need to access and about what they are entitled to. We expect the local offer to set out in one place the full range of relevant services, any additional facilities or entitlements that are on offer, and information about how to access them.

The care leaver covenant, which I have mentioned previously, provides a truly exciting opportunity to build the offer of services and support from a wide range of agencies and individuals. There is no reason why there should be a limit on this. We would like local communities to be as inventive as possible in finding ways of supporting and helping their children in care and care leavers.

I appreciate the very positive intentions behind the amendment of the noble Lord, Lord Warner. However, I do not think it is necessary, given the requirements of the existing legislation and the enhanced focus on children in care and care leavers which the corporate parenting principles and the covenant will bring about. I therefore ask him to withdraw his amendment.

[Lord Warner]

My Lords, I listened very carefully to the Minister. Before responding, perhaps I may say that he offered to write to me. When I did not receive a letter, I went to the Library.

With this approach of simply asking local authorities to find different obligations in different bits of legislation, the Minister is undermining the strengths of Clause 1 and the corporate parenting principles. The right reverend Prelate the Bishop of Durham has given me some interesting information about the Children Act, so technology is giving us instant access to some of these bits of information. However, they do not cover some of the issues that were raised in the debate about the corporate parenting principles; they are narrower in scope where the partners are asked to intervene. We have been having a debate about the full range of services and agencies that need to co-operate with the local authority to enable the corporate parenting principles to be delivered to children. The Minister did not really deal with the issue in the second part of my amendment, which is about the local authority taking the initiative and showing children and young people what services are available.

I looked very carefully at Clause 1(1)(d). It is a pretty general proposition about helping young people, and it does not define who the “relevant partners”—the wording in the legislation—are. If the Minister wants to get the best out of this well-intended set of corporate parenting principles, we have to beef up the Bill in terms of the duty to co-operate placed on the full range of services, and we may need to specify them in the Bill with something along the lines of my Amendment 29. I will certainly come back to this, as I suspect will other Members, on Report. In the meantime—

--- Later in debate ---

[Lord Warner]

The Minister seems to be praying me in aid as somehow opposed to the amendment advocated by the noble Lords, Lord Wills and Lord Watson. I am not; I was supporting what they are saying. I am sorry if I was not clear but I want to put it beyond peradventure to the Minister that I support their amendment to delete “on request”.

[Lord Nash]

I fully understand that; I am sorry if I created some confusion.

--- Later in debate ---

[Lord Nash]

I am very grateful to the noble Lord, Lord Warner, for his amendment and the points that he, the noble Baroness, Lady Howarth, the noble Lord, Lord Storey, the right reverend Prelate the Bishop of Durham, the noble Earl, Lord Listowel, the noble Lord, Lord Wills, made about the importance of safeguarding young people from predatory adults and the qualifications, training and management of personal advisers. These are of crucial and, in the case of safeguarding, paramount importance, and I will ensure that these points are covered in our review of personal advisers, to which I have already referred in some detail. This will inform what we say on Report, although I recognise the points made by the noble Earl, Lord Listowel, and the noble Lord, Lord Wills, about flexibility and stability and will look at the worrying delays to which the noble Baroness, Lady Howarth, referred in relation to vetting.

I hope that the noble Lord will accept that I do not want to prejudge the outcome of our review by accepting his amendment now, and I hope that he will therefore consent to withdraw it, but I assure him that I recognise the importance of the points he makes.

[Lord Warner]

My Lords, I am grateful to the Minister and everyone else who has spoken in this debate. I could really identify with the point made by the noble Lord, Lord Wills. I recognise how complex this issue is, certainly do not want to go into bat for the particular wording of the amendment and I accept that the Minister needs to carry out a review.

However, given what we have learned about predatory adults and vulnerable people over a long period, I ask the Minister and his department to reflect whether we should signal the issue of vetting in some brief way in the Bill. The noble Lord, Lord Storey, made the important point that there are two sides to this: the vulnerability of young person but also that of the personal adviser if they are isolated without adequate supervision. This is a difficult area and it is not easy to find solutions, but it behoves all public bodies and Governments, particularly with the Goddard inquiry going on, to recognise upfront that this is a real 21st-century issue which has to be wrestled with. Signalling in the Bill not the detail but a willingness to grapple with the issue is very important. In the meantime, I beg leave to withdraw the amendment.

Children and Social Work Bill [HL]

Debate between Lord Nash and Lord Warner

Wednesday 29th June 2016 Grand Committee

[Lord Nash]

The noble Lord makes a good point: we should look at it and see what lessons can be learned, as Scotland is at least a year ahead of us on this.

To focus on England, we absolutely acknowledge that there is a role for central government—but it is a different role. Central government departments are not the corporate parents of the children taken into care or accommodated by local authorities. The role of government is to set the broader policy framework.

That is not to say that government departments across Whitehall do not recognise that looked-after children and care leavers need more support and assistance. That is why, if we take health services as an example, the NHS Constitution for England makes clear the responsibilities of clinical commissioning groups and NHS England to looked-after children and, by extension, care leavers. It is also why looked-after children are mentioned specifically in the mandate to NHS England.

The noble Baroness, Lady Tyler, made a point about CAMHS not being willing to treat children not in a stable placement. Child and adolescent mental health services should treat children according to level of need, irrespective of the stability of their placements. The expert group set up to look at care pathways for looked-after children will specifically address this point, with a view to ensuring that access to treatment is according to clinical need and in line with existing statutory guidance.

There are other examples where central government in England has championed looked-after children and care leavers. That is why they now attract pupil premium at a rate of £1,900 per pupil—higher than for other eligible pupils. That is why they also get priority in school admission arrangements.

In 2013, the first cross-government Care Leaver Strategy was published. It recognised the need to work coherently across government to address the needs of care leavers in the round. As a result, a number of changes were made, including measures to better identify care leavers so that they got tailored support—for instance, through the introduction of a “marker” by Jobcentre Plus so that care leavers could be identified and offered additional help. This work continues. We are now working on a refreshed strategy, and have been working closely with seven other government departments in England. The development of the strategy, which will be published shortly, has the backing of the Social Justice Cabinet Committee.

Amendments 36 and 37 seek to require government departments to publish information about services that will help care leavers prepare for adulthood and independent living. As with Clause 1, Clause 2 is about local authority services. The local offer is a manifestation of what it means for each local authority to be a good corporate parent. I agree that central government has responsibilities to looked-after children and care leavers alongside local government. The work we have been doing with each government department at both ministerial level and involving senior officials meeting regularly to discuss what more can be done to support care leavers at the level of national policy represents a significant step forward in increasing the understanding of and commitment to care leavers across Whitehall. Guidance of course is incredibly useful and we shall be consulting fully on what the guidance on corporate parenting should include. But although—quite rightly—central government can and is setting the framework for good corporate parenting, the biggest impact on the lives of looked-after children and care leavers will be made at local level.

We have not extended the principles beyond local authorities in England because it is their duty to both looked-after children and care leavers—and I am grateful to the noble Baroness, Lady Scott of Bybrook, for her remarks in this regard. These principles will guide local authorities in how they should exercise their existing functions and duties in relation to these vulnerable children and young people. As I have said, through these high-level principles we want to embed a corporate parenting culture across the whole local authority.

I recognise that looked-after children and care leavers need more support and assistance from a variety of public bodies. They will need to be able to make best use of services provided by other bodies, including clinical commissioning groups, NHS England, schools, housing and sometimes youth offending teams. That is why the fourth principle sets out a requirement to have regard to the need to help looked-after children and care leavers gain access to and make best use of services provided by the local authority and its relevant partners.

Of course, one could seek to apply these principles to a whole range of other public bodies. However, I believe that in doing so we would risk creating an overly bureaucratic tick-box approach that would do little to improve the life chances of looked-after children and care leavers. Instead, we need to embed a cultural shift. As I have said, the duty to co-operate with the relevant parties is already on the statute book in Section 10 of the Children Act 2004, where there is a duty to co-operate to improve the well-being of children and care leavers.

I emphasise that though we do not believe that extending the principles in law to other bodies is the way forward, we recognise that there is more to do to raise the awareness of these young people. Indeed, the consultation which local authorities will undertake with their local practitioners on developing the local offer being introduced under Clause 2 will ensure that access to NHS services and housing is inevitably brought into the process without the need for further prescription. To reinforce this, the department will also set out in statutory guidance how the corporate parenting principles should be applied in practice. Partnership working and commitment to care leavers is at the heart of the sea change that is needed to transform their lives.

Last month the Prime Minister signalled the Government’s intention to create a care-leaver covenant. This will provide a means through which public, private and voluntary sector organisations will be able to demonstrate how they support these young people and improve their lives. I would expect partners such as police and health bodies to consider how they can contribute to supporting care leavers. I also hope that many organisations in the private and voluntary sectors will commit to supporting young people leaving care through the care-leaver covenant.

I hope that noble Lords are reassured and that the noble Lord can be persuaded to withdraw his amendment.

[Lord Warner]

Can the Minister explain what part of Section 10 actually requires other agencies to co-operate? It looks to me as though Section 10 is all about combined authority functions, which is not the same as the point being made in this debate about other agencies. Can he also respond to the point that both the noble and learned Lord, Lord Mackay, and I made about looking at the Care Act to see the way in which the coalition Government took account of the need to require agencies to co-operate with the primary responsibility given to local authorities to deliver the health and well-being of people covered by the Act? We are asking the Minister to consider that and I did not hear anything in his speech that suggested he would take away the proposition that he should look at requiring a duty from these other agencies to co-operate with the local authority as the corporate parent.

[Lord Nash]

My Lords, I am advised that the relevant clause does actually promote co-operation between these agencies, but it might be better if I write to the noble Lord and we will publish the letter.

[Lord Warner]

I am sorry but I want to pursue this. The clause is clearly—

Children and Social Work Bill [HL]

Debate between Lord Nash and Lord Warner

Tuesday 14th June 2016 Lords Chamber

[Lord Nash]

My Lords, I very much welcome all the contributions that were made to the Second Reading debate today. I am heartened that there is a great deal of consensus on our ambition to improve the lives of vulnerable children and those leaving care and on the improvements we hope to make to the quality of children’s services throughout the Bill. All the contributions to the debate have been, as always, very well informed and constructive, reflecting the considerable expertise and experience which exists across the House in relation to children and their journey through life. This expertise will be invaluable when we come to look at the clauses in the Bill in more detail in Committee.

I will not be able to cover all the points made by noble Lords but I will try to cover as many as possible. Starting with the general scrutiny of the Bill, a number of noble Lords raised their wish for the House to be given adequate time and information for the Bill to receive detailed scrutiny in the House. I share this wish. I very much welcome the expertise of the House, of which this debate is a great example. The Bill will receive the usual detailed scrutiny in Grand Committee. We have also already made arrangements for detailed briefing sessions and discussions on parts of the Bill, the first of which will take place tomorrow. I hope that noble Lords will take advantage of these meetings.

I am also happy, along with my ministerial colleagues and officials, to meet any noble Lords to discuss the Bill if they would find this useful. I am also happy to reiterate our commitment to publishing indicative draft regulations and policy statements before clauses containing delegated powers are debated in Committee, and I am glad that this has been welcomed by a number of noble Lords across the House, including the noble Lord, Lord Hunt, just now.

Turning to some comments by various noble Lords concerning the delegated powers in the Bill, as I said at the start of this debate, I do not want to get into a long discussion on secondary legislation now, but the noble Lords, Lord Watson and Lord Ramsbotham, were both, I am advised, wrong about the number of delegated powers in sections of the Bill. In the case of the noble Lord, Lord Watson, as I said at the outset, and as mentioned by my noble friends Lady Shephard and Lord Lang, Clauses 20 to 40 actually contain only two new delegated powers and one extension of an existing power proposed. This is vastly different from the suggestion by the noble Lord that there were 29 delegations of power.

To explain this further and to assist the noble Lord in looking again at his assessment, he will wish to note that delegations of power appear in Clauses 20 and 39, with an extension of an existing power in Clause 40. Remaining clauses in this part explain the use of the new powers and the purposes to which they will be put, including safeguards such as requiring the Secretary of State to consult on regulations and lay the consultation report before Parliament. It is simply not correct to label each of these clauses a new delegated power.

Similarly, the noble Lord, Lord Ramsbotham, referred to the number of powers in Clauses 15 to 19 and counted five delegated powers in this section. There is, in fact, only one delegated power in Clause 15; the remaining four clauses flesh out that power, including inserting a sunset provision and requiring consultation. The Government are firmly of the view that delegated legislation is the most appropriate vehicle to set out the role and operations of the new regulator. We must be able to update the legal framework to reflect changing professional standards and improvements in working practices. This is also in line with recent advice from the Law Commission on regulatory reform, which emphasised the need for this type of flexibility in the exercise of a regulator’s functions. It is also in line with the approach adopted by the Labour Government in 1999. At the time the 1999 regime was put in place, the Labour Government were happy that was an appropriate use of a delegated power. Again, we will be publishing policy statements and draft regulations for this area before Committee and I am, of course, more than happy to meet noble—and noble and learned—Lords to discuss this part of the Bill if they would like to do so.

Turning to the substance of the Bill, first, I want to respond to the concerns raised by a number of noble Lords, including the noble Lords, Lord Watson, Lord Ramsbotham, Lord Wills and Lord Warner, the noble Baronesses, Lady Pinnock, Lady Massey, Lady Meacher and Lady Walmsley, and the noble Earl, Lord Listowel, about the innovation clauses: Clauses 15 to 19. The noble Lord, Lord Watson, raised the spectre of for-profit. In 2014 we brought forward legislation preventing profit making, where local authorities delegate child-protection functions, and we have no intention of revisiting that position. Where a local authority delegates children’s social care functions, Ofsted will still inspect them as part of local authority inspection and hold the council to account for the quality of those services. All applications to the Secretary of State will be assessed on a case-by-case basis. In addition to consultation by both the Secretary of State and the local authority, this will include Ofsted, the Children’s Commissioner and local authority partners.

It may be helpful if I touch on a few examples of where this power to innovate might be applied and where local authorities might apply for exemptions. The first concerns family and friends carers. It is recognised that a carer who is either a family member or a friend is typically the best option for a child, but too often it is hard to get such a carer approved to the same standard as a professional foster carer, particularly within the 16-week time limit. Exemption could allow local authorities to trial making placements for children that put the child at the centre of the decision, prioritising their needs and their attachment to family and friends, without unduly sacrificing the safeguards in place for the child.

Secondly, there is strong consensus in the sector that in low-risk cases the role of the independent reviewing officer brings no additional benefit. Exemptions will allow local authorities to trial redirecting IRO resource differently—for example, to more complex cases—while reducing the number of additional people a young person does not know at their review, which is a known concern, in more straightforward cases.

Thirdly, there is criticism that adoption and fostering panels which are only advisory add little value and can often delay the process of approving prospective carers. Exemption could allow local authorities to trial removing a potentially invasive and unnecessary requirement from one of the many layers of checking, leaving the agency decision-maker who currently makes the decision to exercise their professional judgment.

A number of noble Lords, including the noble Lord, Lord Watson, and the noble Baroness, Lady Pinnock, praised Leeds for its good work. It is, indeed, one of our partners in looking at Clauses 15 to 19, and is itself hoping to make use of the power to innovate.

The noble Lord, Lord Watson, talked about the importance of care leavers receiving advice about leaving care well in advance of that event. The noble Baronesses, Lady Benjamin, Lady Howe and Lady Bakewell, and others talked about the importance of advice for care leavers. Indeed, this was raised by a number of young people yesterday and is exactly the sort of advice that should be covered in the local offer. Two particularly impressive young people yesterday said that their local authority offered a passport to independence, setting out all the things that young care leavers need to know.

The noble Lord, Lord Watson, the right reverend Prelate the Bishop of Durham and others mentioned the importance of kinship care and foster care, which we, of course, recognise. In 2011, we published Family and Friends Care. Under this guidance local authorities must publish their approach to promoting and supporting the needs of children living with family and friends. The Government have also taken action through regulations to strengthen and encourage arrangements for long-term foster care. Our emphasis then, as in this Bill, is to promote stability in children’s lives.

The noble Baronesses, Lady Pinnock and Lady Hughes, talked about money. The amount spent on child protection and social care has remained steady since 2010. This is not necessarily about the amount of money spent but also the way it is spent. The best provision is not necessarily the most expensive. We hope that the power to innovate will demonstrate that.

My noble friend Lady Shephard made very good points about individual responsibility and mentioned good practice in Trafford. Trafford is, sadly, the only local authority in the country whose services and support for care leavers have been rated as outstanding. Obviously, we would like many more local authorities to aspire to that level of success. She also mentioned Norwich for Jobs, of which I am aware. I am delighted to hear that it is now bringing that programme to NEETs.

The noble Baroness, Lady Pinnock, asked about apprenticeships for care leavers. Employers receive full funding for the training costs associated with an apprenticeship. This has been extended to care leaver apprentices up to the age of 24. We will now go further and extend this to 25.

A number of noble Lords, including the noble Lord, Lord Watson, the noble Baronesses, Lady Tyler, Lady Walmsley and Lady Howe, and the right reverend Prelate the Bishop of Durham, spoke about corporate parenting. The local authority has statutory responsibility for the care of looked-after children and care leavers, and therefore in law is the corporate parent. However, we recognise that other agencies will also have an interest in, and potentially an impact on, the lives of children in care and care leavers. That is why under our wider care-leaving strategy we are promoting a care leaver covenant which will encourage other agencies and organisations to adopt the principles and have regard to them in their planning and decision-taking. Importantly, the fourth principle also sets out a requirement on local authorities to work with local partners to ensure that young people can access their services.

The noble Baroness, Lady Howarth, and the noble Lord, Lord Bichard, talked about the lack of success that often results from government departments joining up. I acknowledge that but this Bill is an example of good joint working between the DfE, the Department of Health and the Home Office in particular. The Social Justice Cabinet Committee has also had a number of discussions on and with care leavers to ensure that their needs are well understood across government.

The noble Baronesses, Lady Hughes and Lady Benjamin, the noble Lords, Lord Wills and Lord Bichard, the noble Earl, Lord Listowel, my noble friend Lady Stedman-Scott and others talked about the importance of personal advisers and whether it was sufficient to leave it to the child or young person themselves to request an adviser. This is an extremely good point which I would like to go away and reflect on. We had hoped that the local offer would make it absolutely clear to all care leavers that they have this expectation, but I would like to consider this further.

The noble Baroness, Lady Hughes, talked about an overreaching look at things in legislation and whether we could look more widely. The legislation is, of course, only part of the solution: practice is absolutely key and a great deal of work is focused on this. Many noble Lords, including my noble friend Lord Farmer, the noble Lord, Lord Warner, and the noble Baroness, Lady Howarth, raised the matter of personal advisers. Minister Timpson has asked officials to conduct a review of the personal adviser role, to determine whether the functions should be amended to give more emphasis to the mentoring and befriending aspects of the role. He has asked for this review to be undertaken at pace, so that its findings are available to inform further thinking as the Bill proceeds through Parliament. It will cover areas such as consistency, relationships, quality and requirements.

My noble friend Lord Farmer, the noble Earl, Lord Listowel and the noble Baronesses, Lady Hughes, Lady Massey and Lady Hodgson, talked about the importance of early intervention and early years. I could not agree with them more: they made some extremely good points. I would be delighted to set up a meeting between the noble Lords and Minister Gyimah, who is responsible for this area, to discuss this further. The noble Baronesses, Lady Meacher and Lady Walmsley, and the right reverend Prelate the Bishop of Durham talked about the circumstances where a national review might be called for. I would like to reflect on this more. Concerns were raised about the distress of good social workers whose cases are considered by this kind of panel. I assure noble Lords that the panel will in no way focus on individual blame, but only on issues which may lead to timely improvement at national level. I note the concerns of the noble Baronesses, Lady Walmsley and Lady Pinnock, that lessons learned from national reviews trickle down to the local level.

The noble Baroness, Lady Walmsley, and the noble Lord, Lord Bichard, raised questions about the dissemination of learning, concerns about the two-tier system and the criteria for national reviews. The dissemination of findings from reviews is critical. That is the role of the proposed What Works centre for children’s social care. The centre will build a robust evidence base and share learning on what does and does not work. The noble Baroness, Lady Massey, made an extremely important point about the importance of social skills. She might be interested in a report just out from Harvard, a copy of which I can provide her with. It states that all new jobs in America created over the past 10 years have gone to people with the essential social and life skills, and predicts that this is likely to continue in future. She also asked about our definition of coasting schools. This will be laid before Parliament in the autumn, after this year’s exam results are published. On life skills, in our recent White Paper we have placed greater importance on building character and resilience in every child. We will also significantly expand the National Citizen Service and expect schools to give every pupil the chance to take part.

The noble Baroness, Lady Young, asked about records access. The Children Act 1989 statutory guidance sets out the requirements which local authorities must follow in relation to care records. It states what records should include and that they should be kept for 75 years. That Act requires local authorities to give access to records to people authorised by the Secretary of State and guardians appointed by the court. The noble Baroness, Lady Hughes, talked about the removal of a duty under the Children Act 1989 to publish information. I do not believe that there is such a removal. It is simply that an existing duty to publish certain information relating to care leavers has been incorporated into the local offer provisions. I am happy to give her more clarification on that if she would like it.

The noble Lord, Lord Ramsbotham, referred to the report by the noble Lord, Lord Laming. We welcome this report on an important topic. We are clear that no child living in a children’s home should be criminalised for behaviour that would not concern the police if it happened in a family home. The Government have asked Sir Martin Narey to review residential care and he will make recommendations on criminalisation. We have also asked Charlie Taylor to conduct a review of the youth justice system. He will report back in the summer with recommendations on how to improve the treatment of young people in care.

The noble Baronesses, Lady Tyler and Lady Massey, the noble Earl, Lord Listowel, my noble friend Lady Hodgson and the noble Baronesses, Lady Walmsley, Lady Benjamin and Lady Howe, talked about mental health. Children’s mental health is obviously extremely important, particularly in relation to children in care, and the Government take the issue very seriously. Last year we published Future in Mind, setting out our vision for transforming children’s mental health services, including local transformation plans setting out the mental health services in place to meet the needs of looked-after children. We are backing this with £1.4 billion over five years and we have agreed that an expert group on the mental health of looked-after children will look into the issue of specialist assessment.

The noble Lord, Lord Ramsbotham, mentioned the UNCRC report in relation to the Bill. We recognise the importance of the committee’s work and the Bill formed part of the evidence that we prepared for it. We are now looking closely at the report. He also mentioned life chances. He is right to say that the Bill supports the life chances agenda and to emphasise the need to make sure that the two dovetail. On unaccompanied minors—a point also raised by the noble Baroness, Lady Massey—DfE officials are working and will continue to work closely with the Home Office. We recognise that unaccompanied minors have wide-ranging needs and we are working closely with the local government sector to ensure that they receive appropriate support that reflects their needs and experiences, and which do not place disproportionate pressure on the services of any individual local authority.

There was also a question about children going missing from education and about their exploitation. The noble Baroness, Lady Howe, particularly raised the issue of unaccompanied asylum-seeking children. We take the issue of missing and absent children extremely seriously. That is why last year we placed a duty on councils to offer an interview to children who return from going missing within 72 hours and, for the first time ever, have collected national data on all children who go missing from care, not just those missing for 24 hours. We have strengthened care planning and children’s homes regulations, including requiring all homes to ensure that they have clear policies on preventing children going missing, and responding when children do go missing, in line with local police protocols on missing persons.

The plight of unaccompanied asylum-seekers is of course different from that of children who have been taken into care as a result of their domestic situation. Many are aged 16 or 17 and, as several Members have noted, have experienced long and difficult journeys to reach the UK. Some have witnessed terrible events. Their needs can of course vary hugely from individual to individual. Such children also tend to be concentrated in a few locations around the country, which can put additional pressure on those local authorities’ services. Kent, for example, now faces a shortage of places for its own children who need to be taken into care. The Government are working closely with the local government sector and individual local authorities to ensure that the needs of these children can be met by a much wider group of local authorities. That exercise is under way and the Government are providing additional funding to support those placements, and to ensure that appropriate support can be provided.

A point was made about extending the visits of virtual school heads to FE colleges—I think it was made by the noble Baroness, Lady Hughes. If a child is looked after, the virtual school head champions their education regardless of the education setting.

The noble Lord, Lord Warner, talked about the HCPC and our plans to take responsibility for social workers away from it. This is not a criticism of the work of the council, as I said earlier, but it regulates 16 professions and we believe that social work requires a different model of regulation—one that is specific to this unique and challenging profession and puts it on a par with other high-status professions. We will work closely with the HCPC to ensure that we maintain what works well under the current regulatory framework. This is a joint approach by DfE and the Department of Health for children and adult social services.

The right reverend Prelate the Bishop of Durham, my noble and learned friend Lord Mackay and the noble Baroness, Lady Pitkeathley, talked about a college of social work. Indeed, until recently the Government supported an attempt to establish such a college with £8.2 million. Unfortunately, the college struggled to attract the members it needed and, in any case, this is no substitute for independent, professional standards and regulations. Public protection will remain a central objective of the new regulator. As for the concerns of the noble Baroness, Lady Pitkeathley, about costs, we do not anticipate any immediate changes to the registration fees paid by social workers.

The noble Lord, Lord Wills, talked about whistleblowing. Although Public Interest Disclosure Act protections cover only directly employed foster carers, there are already wider requirements for fostering services to have complaints procedures and whistleblowing policies in place. Standard 21.11 of the fostering services national minimum standards is clear:

“Current and prospective foster carers”,

must be able to,

“make a complaint about any aspect of the service which affects them directly”.

It is also clear that records must be kept of,

“representations and complaints, how they are dealt with, the outcome and any action taken”.

A number of noble Lords asked why we are creating new offences. There is in fact little here that is new: the current legislation already provides the power to create offences in secondary legislation to support the regulation of social workers. The provisions we have made in this Bill are in fact considerably narrower in scope than those that exist in the primary legislation at present. They will enable the creation of a small number of offences that, as now, we judge essential to protect the integrity of the regulatory process.

My noble friend Lord Lang of Monkton and the noble Baroness, Lady Dean, asked about confidential information requested by a panel under Clauses 11 and 14. The Bill does not prevent those asked for information from asserting legal or medical privilege. The panel would need to consider any such assertion against the need for the information, and it is also important to note the care that the panel would take with such information in its consideration with regard to publication. The Bill does not include a power for the panel to compel the provision of information, although public bodies may be required to do so as a result of judicial review. We are currently considering whether additional powers of enforcement would be appropriate and will bring forward a suitable amendment if that is deemed necessary.

The noble Baroness, Lady Howarth, talked about the assessment of the SEND local offer. The noble Baroness rightly noted the parallels between the care leaver offer and the SEND local offer introduced in the Children and Families Act 2014. It is still early days, of course, but we are optimistic about its impact. I do not have any data with me, but the anecdotal feedback I have received is very positive.

My noble friend Lord O’Shaughnessy asked whether the categories of ceased to be looked after and previously looked after were the same. I can assure him that they are the same. He also raised some points about designated teachers, what works and other matters which I will reflect on and on which I will respond to him. I am grateful for his encouragement to be bold on the question of the power to innovate.

In conclusion, I agree entirely with the excellent comments by the noble Baroness, Lady Tyler, and the noble Lord, Lord Bichard, about the difficulties facing social workers in their vital jobs. We are determined to do everything we can to make the lives of social workers less difficult and to raise both the level of support for them and their status.

[Lord Warner]

I am sorry to interrupt the Minister in his flow, but he has had a good run at it. Could he say a little more about how the Government are going to answer the very specific question that a number of us raised about Part 2? Could he ensure that we have a joint briefing with Department of Health Ministers so we understand what the Government are doing in this area? As of now, the Minister is asking us to have a clause stand part debate on each of Clauses 20 to 40 so that we can get to the bottom of what the Government’s thinking is in this area.

[Lord Nash]

I will not say any more now in view of the time, except that I would be delighted to host a joint briefing on the matter. I am grateful to all noble Lords for their contributions to today’s debate and look forward to Committee.