Deregulation Bill

Debate between Lord Wallace of Saltaire and Baroness Jones of Whitchurch

Thursday 5th February 2015 Lords Chamber

[Baroness Jones of Whitchurch (Lab)]

My Lords, I support the arguments made this afternoon by the noble Baroness, Lady Meacher, and my noble friend Lady Donaghy. At the heart of the concerns raised by everyone is that the Government have not presented an adequate case for why the changes to social work regulation are necessary. The Minister does not need me to tell him of the perilous state of social work provision in the country at present. Demand for intervention is increasing massively, particularly in the wake of the new focus on child abuse cases. Meanwhile, children are being put at risk because about 11% of social work posts are unfilled. A recent NSPCC report warned that social workers are,

“frequently operating without the support, time, knowledge and training they needed to ensure the identification of sexual abuse and the protection and well-being of extremely vulnerable children”.

Those concerns apply not just to social workers employed in children’s departments but across the spectrum, including the charitable and private sectors. Only yesterday, the Home Secretary said:

“With every passing day and every new revelation, it is clear that the sexual abuse of children has taken place, and is still taking place, on a scale that we still cannot fully comprehend”.—[Official Report, Commons, 4/2/15; col. 658.]

So why are we making these changes at this very sensitive time?

My co-signers to the amendment have rightly identified that there is a chorus of opposition to the proposals from those involved in the sector. The changes are opposed by the Local Government Association, the College of Social Work and Unison, which represents those working in the sector. All have identified the risks of reducing regulation in the sector. Their concerns have been echoed by the Children’s Commissioner, who is the independent voice protecting the welfare of children in England, who stated:

“We consider all delegated social care services should be required to have formal registration with Ofsted in addition to an expectation that they will be held to account by rigorous and expert inspection, just as local authorities currently are”.

We should be taking heed of these voices.

If the reason for the proposals is to save money, it would be helpful to know just how much the Government believe will be saved. As has been said, it may well be that Ofsted feels that it is overworked and does not have the resources to carry out the regulation function adequately—but then we need to address that issue head on, rather than simply allow it to walk away from the role. If the intention is to transfer responsibility for regulation of those providers to local authorities, it would be helpful to know whether they will be given the additional funds to carry out their work—I rather suspect that that is not the case.

However, fundamentally, this is not about money, it is about risk. The Government have provided no evidence that they have weighed the risk of removing regulation from third-sector social work organisations. I remember raising concerns with the previous Government about the reduced regulation of private care homes. It has taken many years and a lot of suffering—even deaths—before we realised that we, the state, had an overwhelming responsibility to protect the most vulnerable, whoever is providing the service. Let us not make that same mistake again

Ofsted already inspects local authorities and in-house children’s services. It already regulates the private and charitable sectors providing social work services. This includes checking that they pass the fit and proper person test. Of course, we could be talking about very large companies, so local authorities may have very difficult relationships with them. Why would we want to lose those skills at this critical time for the sector? The role being assigned to local authorities is very different from that of a regulator. They are not the regulator. Their function in contracting out social work services is focused on procurement and contract compliance. We would end up with a fractured line of accountability for the services provided by contracted-out social workers.

Our amendment would provide a crucial pause in the Government’s proposals. It would provide time for the Government to have further talks with those who continue to have major concerns about the changes. Most crucially, it would allow the Government to carry out and publish a proper risk assessment, so that we can all be sure that child protection functions will be protected under their proposals. The consequence of getting this wrong is just too traumatic. We need to take the time to get this right, and we have the responsibility to do so. I hope that noble Lords will support our amendment.

[Lord Wallace of Saltaire (LD)]

My Lords, I suppose that I should declare an interest: my son has lived and worked in the United States for seven years and his American wife is a qualified children’s social worker. She has worked in Boston and is currently working in Chicago, so I have learnt a certain amount about the Massachusetts and Illinois systems of privatised provision of child protection. I am not completely unaware of some of the delicacies in this area. I am of course also acutely aware of the sensitivity of the issue of child protection in British political debate at present.

I thank the noble Baronesses for raising this issue and for coming in to discuss further with my noble friend and officials some of the underlying issues at stake. I am well aware that the College of Social Work has strong views on this, although as I understand it the area of social work is not entirely of one mind in how far one needs registration as well as inspection. The questions of registration and inspection are related but not identical. The system of delegation is purely permissive. Local authorities may continue to provide their own services or, as the noble Baroness suggested, delegate to third sector providers or commercial providers in the field. Some do so; many others continue to provide their own direct services. The removal of registration does not mean the removal of inspection.

National Voter Registration Day

Debate between Lord Wallace of Saltaire and Baroness Jones of Whitchurch

Tuesday 1st July 2014 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, in this country, it has not been compulsory to vote or to register to vote. That would raise all sorts of questions about civil or criminal penalties, and some fundamental questions about the relationship between the citizen and the state. This country has not wanted to use compulsion where it can possibly avoid it.

[Baroness Jones of Whitchurch (Lab)]

My Lords, might I take the noble Lord back to the original point raised by the noble Lord, Lord Storey, which is the Northern Ireland experience? When individual voting was introduced there, there was an alarming drop-off in the number of young people registering, so we already know that that is a threat on the horizon. Northern Ireland came up with a good solution—the schools initiative—which effectively dealt with the point that the noble Lord, Lord Cormack, raised about formally registering all pupils. Surely, on the basis of the experience we already have from Northern Ireland, we should embrace that initiative and get schools to register all pupils when they come up to the age of 18.

[Lord Wallace of Saltaire]

My Lords, the Government’s mechanism encouraging schools to use Rock Enrol!, a slightly different package, has so far received a fairly good take-up from schools. We very much want schools to encourage their pupils to register online, but we are having a dialogue about it with schools and teachers.