Children and Social Work Bill [HL]

Debate between Lord Watson of Invergowrie and Lord McNally

Monday 4th July 2016 Grand Committee

[Lord McNally (LD)]

My Lords, I can see that the Minister is straining at the leash to answer this amendment. I make only two points, partly from my experience as chair of the Youth Justice Board for England and Wales and partly as a member of the committee of inquiry chaired by the noble Lord, Lord Laming, into looked-after children in the criminal justice system.

What attracts me to this amendment is that it approaches a very real problem from two directions, both in a constructive way. What has struck me over the past few years in considering the problems of looked-after children and the response of various bodies to their needs is that there is still a silo mentality in the operation of some of those bodies, as well as a chronic lack of exchange of information. Those dealing with a child at any point in its journey through the system should have the most comprehensive picture possible of that child’s vulnerabilities and needs. In the best of practices, that happens but, all too often, it does not happen.

On the other side of the same penny, the amendment proposed by the noble Lord, Lord Warner, deals with the lack of awareness of the children themselves, and those who care for them, of their full range of entitlements. Having a responsibility to make children, or those with responsibility for them, aware of those entitlements, can do nothing but good in getting them the care they need at any particular point in their lives.

[Lord Watson of Invergowrie (Lab)]

I thank noble Lords who have contributed to this short debate. I am happy to signify my support for the amendment in the name of the noble Lord, Lord Warner, which is a common-sense amendment. Let me just express the hope at the outset that the Minister will find it in him to make a clean sweep of all our contributions—we shall see.

In moving Amendment 4 in Committee last week, I mentioned some of the arguments in favour of broadening the scope of the corporate parenting principles outlined in Clause 1. It is logical to adopt as comprehensive an approach as possible to corporate parenting and ensure that all those who can improve outcomes for looked-after children and care leavers have a role to play in parenting those children. In his reply on day one, the Minister stressed that the principles applied to all local authorities in England and that they apply to all parts of the local authority and not just to children’s services. That is important. He went on to highlight the fact that other bodies—such as central government, the National Health Service or housing organisations—are not corporate parents and therefore do not fall within the remit of the Bill, or this part of the Bill. He pointed out that NHS clinical commissioning groups had specific responsibilities for looked-after children, who were also specifically mentioned in NHS England’s mandate. That was certainly welcome to those who were unaware of it.

This amendment goes rather wider and includes the police but, given the proportion of looked-after children and recently looked-after children who have become involved with the youth justice system, that also has some relevance. That being the case, I hope the Government will accept the amendment proposed by the noble Lord, Lord Warner, which seeks only to formalise the relationship between local authorities and other organisations, not least housing services, which increasingly are not found within the responsibilities of local authorities. What is of paramount importance is that there is joined-up thinking and working, leading to an outcome whereby all agencies, to use that umbrella term, ensure the most productive relationships on behalf of looked-after children.

Section 10 of the Children Act 2004 includes a duty on local authorities to co-operate with “relevant parties”. However, if that mechanism were working effectively, noble Lords would not have been contacted by various organisations working with or for looked-after children seeking to have the relationship tightened up to provide better outcomes across all agencies. They clearly believe that more needs to be done and we should listen to them, as they are involved on a day-to-day basis with the children the Bill is designed to help.

The Minister mentioned last week that the Government would look at the lessons that might be learned from Scotland. I hope he will note that there the widest possible range of organisations is given the role of corporate parents. Whatever potential obstacles appeared north of the border were clearly overcome. The Minister also stated:

“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”.—[Official Report, 29/6/16; col. GC 52.].

I submit that expecting and hoping sounds more like a recipe for disappointment than anything else. Such sentiments are by no means firm enough and the Minister should look to the Bill as a means of ensuring that those things happen. That is what young people leaving care, as well as those assisting them in doing so, have a right to expect.