Children and Families Bill

Tim Loughton Excerpts

Tuesday 11th June 2013 Commons Chamber

[Elizabeth Truss]

We have had a wide-ranging debate on the various child care issues, but one point that I think we can all agree on is that there is an urgent need for high-quality, affordable child care in this country. At the moment, many working families are struggling to afford their child care, and I can assure the House that the Government are fully committed to improving the situation. Tax-free child care, which is the key policy that we have been promoting in the Bill, will contribute to that.

I would particularly like to thank the hon. Member for North Cornwall (Dan Rogerson) for his very constructive comments, particularly on the point about our tax-free child care scheme. I want to reassure the hon. Member for Hackney South and Shoreditch (Meg Hillier) that “tax-free” refers to the 20% that parents will benefit by. The critical point is that it is open to many more families.

I understand the hon. Members want to move on to the next debate so, without further ado, I shall finish.

Question put and agreed to.

New clause 10 accordingly read a Second time, and added to the Bill.

New Clause 3

Regulation of child performance

‘(1) In section 37 of the Children and Young Persons Act 1963 (Restriction on persons under 16 taking part in public performances, etc.) the words “under the compulsory school leaving age” shall be inserted after the word “child” in subsection (1).

(2) After subsection (2) there shall be inserted—

“(2A) In this section, “Performance” means the planned participation by a child aged under the compulsory school leaving age in a public entertainment production, unless that participation—

(a) involves risks that are no greater than the risks faced by that child in the ordinary course of his life and does not require the child to be absent from school or requires an absence from school of not more than four days in a six month period and such absence is authorised by the school;

(b) involves the child doing that which he would do in any event in the ordinary course of his life; or

(c) involves the creation of audio-visual content where there is an overriding public interest in the child’s participation.”.

(3) Subsection (3)(a) of that section shall be repealed.

(4) After subsection (5) of that section there shall be inserted—

“(5A) Regulations under this section shall provide for the local authority to give reasons for any refusal of a licence under this section and shall specify any mitigating action which would be required to allow a licence to be issued.

(5B) A refusal of a local authority to grant a licence may be reversed on appeal.”.

(5) Subsection (6) of that section shall be repealed.

(6) After subsection (7) the following shall be inserted—

“(7A) A licence granted by a local authority shall be transferrable to another local authority if the child moves residence from one local authority area to another.”.

(7) Section 38 of the Act (Restriction on licences for performances by children under 14) shall be repealed.

(8) After section 39 of the Act, there shall be inserted—

“39A Presumption that a licence should be issued

(1) There shall be a presumption that a licence shall be issued unless there is identifiable potential harm that cannot be mitigated by any other action.

(2) For the purposes of this section—

(a) “identifiable potential harm” shall be any outcome that acts adversely against the wellbeing of the child;

(b) “mitigated” shall mean such reasonable action that secures the safety of the child from the impact on their wellbeing; and

(c) “wellbeing” includes the physical, mental and emotional condition and interests of the child.

39B Guidance

‘(1) The Secretary of State shall issue guidance to local authorities on the criteria for issuing licences and the conditions which shall apply to them; and this guidance may make different provision for children falling within different age bands applicable to their development age.

(2) Guidance shall include a requirement for the local authority’s decision to be based on an assessment of the risks involved in the child’s participation in the performance.

(3) Guidance shall include the safeguarding arrangements which shall be made in regard to participation in sporting activities; and in drawing up this guidance the Secretary of State shall consult sports governing bodies.

(4) Guidance shall require the local authority, in considering the terms on which a licence is issued, to have regard to the number of days actually worked spread across a particular period.

(5) Guidance shall require local authorities to provide for on-line applications for licences, to deal with all licences in time if submitted at least 10 days before they are to come into effect, or five days in respect of a repeated application.

(6) Guidance shall provide for local authorities to inspect sites where children taking part in performances are to be accommodated, if they will be residing alongside unconnected adults.

(7) Guidance shall provide for local authorities to disregard absence in connection with licensed performances in school records for authorised absences.

(8) Guidance shall provide that local authorities shall require that matrons or chaperones shall operate under standards accepted by the appropriate advisory bodies.

(9) Guidance shall also include the circumstances in which it is appropriate to authorise a body of persons to organise a performance for which licences will not be required by virtue of section 37(3)(b) of this Act, including where the performers are of 13 years or upwards or if the body is an amateur body and has a nominated child protection person who has received appropriate training and is independent of the chaperone.

(10) Guidance under this section shall be laid before Parliament and shall be subject to annulment in pursuance of a resolution of either House of Parliament as if it were contained in a statutory instrument subject to such annulment.”.

(9) Clause 42 of the Act (Licences for children and young persons performing abroad) shall be amended by inserting after subsection (1)—

“(1A) Licences under section 25 of the principal Act in relation to performances as defined under this Act shall be issued by local authorities rather than as specified in the principal Act.”.

(10) In subsection (2) of that section the words after the word “granted” shall be replaced by the words “regardless of the age of the child”.

(11) In the Children (Performances) Regulations 1968 (SI 1968/1728)—

(a) In Regulation 8 (Medical examinations) in paragraph (2), the words “performance taking place within a period of six months from the date of the said medical examination” shall be replaced by the words “later performance”.

(b) At the end of Regulation 10 (Education) there shall be inserted—

“(6) The child’s parents or guardians must inform the child’s school of any days on which the child will be absent by reason of taking part in performances.”.

(c) In Regulation 12(3) (maximum number of other children a matron shall have charge of), “eleven” shall be replaced by “nine”.

(d) At the end of Regulation 12 (Matrons) there shall be inserted—

“(7) A matron in respect of a performance organised by an amateur body who is unpaid shall not require local authority approval provided that he or she is CRB-checked and is independent of the nominated child protection person.”.

(e) Regulation 17 (Further medical examinations) shall cease to have effect.’.—(Tim Loughton.)

Brought up, and read the First time.

[Tim Loughton (East Worthing and Shoreham) (Con)]

I beg to move, That the clause be read a Second time.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

With this it will be convenient to discuss the following:

New clause 4—Continuing support for former foster children—

‘Section 23C of the Children Act 1989 (continuing functions in respect of former relevant children) is amended by the insertion of the following subsections after subsection (5).

“(5ZA) The assistance given under subsection (4)(c) shall include the continuation of accommodation with the former local authority foster parent, unless—

(a) the former relevant child states that he or she does not wish to continue residing in such accommodation, or

(b) the former local authority foster parent does not wish to continue to provide accommodation, or

(c) it is not reasonably practicable to arrange such accommodation.

(5ZB) ‘Former local authority foster parent’ means a local authority foster parent within the meaning of section 22C(12) with whom the former relevant child, as a looked after child, was placed under section 22C(6)(a) or (b).”.’.

New clause 5—Assessment and support of young carers—

‘(1) Where it appears to a local authority that a child within their area may provide or be about to provide care to an adult or a child who is disabled, the authority must—

(a) assess whether the child has needs for support relating to their caring role (or is likely to have such needs in the future); and

(b) if the child is found to have such needs, set out what those needs are (or are likely to be in the future).

(2) Having carried out an assessment under subsection (1) the authority must meet those needs for support which it considers to be necessary to meet in order to safeguard and promote the child’s welfare.

(3) Having carried out an assessment under subsection (1), a local authority must also consider whether the adult is or may be eligible for assessment under the Care Act 2013, and if so must ensure such an assessment is carried out unless that adult objects.

(4) Having carried out an assessment under subsection (1) a local authority must consider whether, in the case of a child who is caring for a disabled child, the child being cared for requires an assessment under the Children Act 1989 and if so shall carry out that assessment unless the person with parental responsibility for that child objects.

(5) The Secretary of State shall issue guidance in relation to the duties set out above having consulted with persons whom the Secretary of State considers to be appropriate, the said guidance to be issued under section 7 of the Local Authority Social Services Act 1970.

(6) Any service provided by an authority in the exercise of functions conferred on them under this section may be provided for the family or for any member of the child’s family, and may include—

(a) services to the adult the child is providing care to meet the adult’s needs for care and support; and

(b) services to the adult to enhance their parenting capacity.

If such services are provided with a view to safeguarding and promoting the child’s welfare.’.

New clause 11—General duty of local authorities to co-operate to secure sufficient accommodation for looked after children—

‘(1) The Children Act 1989 is amended as follows.

(2) After section 22G (General duty of local authority to secure sufficient accommodation for looked after children), insert the following new section:

“22H General duty of local authorities to co-operate to secure sufficient accommodation for looked after children

(1) It is the general duty of a local authority to take steps in co-operation with neighbouring local authorities that secure, so far as reasonably practicable, the outcomes in subsections (2) and (3).

(2) The first outcome applies to the children defined in subsection (3) of section 22G in respect of whom the local authority are unable to secure the outcome defined in subsection (2) of that section.

(3) The first outcome is that the local authority is able to secure accommodation for those children that—

(a) is within a neighbouring authority’s area; and

(b) meets the need of those children.

(4) The second outcome applies to the children defined in subsection (3) of section 22G in respect of whom a neighbouring local authority is unable to secure the outcome defined in subsection (2) of that section.

(5) The second outcome is that the local authority is able to secure accommodation for those children that—

(a) is within the authority’s area; and

(b) meets the need of those children.”.’.

New clause 12—General duty of local authority to secure sufficient early help services—

‘(1) It is the general duty of a local authority to take steps that secure, so far as reasonably practicable, the outcome in subsection (2).

(2) The outcome is that the local authority is able to provide the children and young people mentioned in subsection (3) and their families with provision of early help services that—

(a) are within the authority’s area or a neighbouring authority’s area; and

(b) meet the needs of those children and young people and their families.

(3) The children and young people referred to in subsection (2) are those—

(a) who live within the local authority’s area, or

(b) that the local authority is looking after.

(4) In this section—

“early help services” means services to children under 6 and their families, and services to children and young people (of whatever age) and their families early in the emergence of a problem;

“young people” means people under 25.’.

New clause 13—Duty of local safeguarding children boards to undertake serious reviews—

‘(1) Section 14 of the Children Act 2004 (Functions and procedure of Local Safeguarding Children Boards) is amended as follows.

(2) After subsection (2), insert—

“(2A) Functions of review under subsection (2) shall include a duty to undertake serious case reviews at the direction of the Secretary of State.”.’.

New clause 14—Part-time independent educational institutions to have no right to give corporal punishment—

‘(1) Schedule 1 to the Education and Skills Act 2008 (Minor and consequential amendments) is amended as follows.

(2) In sub-paragraph (5) of paragraph 9, insert the following words at the end of inserted subsection (7B):

“except that it applies in relation to this section as if for paragraphs (a) and (b) of subsection (2) of section 92 of that Act there were substituted the following words “for any amount of time during an academic year, no matter how little”.”.’.

New clause 15—Return from care—

‘(1) The Children Act 1989 is amended as follows.

(2) After section 22C (Ways in which looked after children are to be accommodated and maintained), insert the following new section:

“22CA Return home support services for looked after children returning home to the care of their parents/others with parental responsibility

(1) Whenever a local authority decides that a looked after child should return to the care of its parent, the local authority must assess and monitor the support needs of the child and the parent for as long as is necessary to safeguard and promote the child’s welfare.

(2) If after carrying out an assessment in accordance with subsection (1) above, the local authority decides that the child or the parent has support needs, they must provide a child in care, and, in the case of formerly-accommodated children, offer to provide, ‘return home support services’ to meet the identified support needs for as long as is necessary to safeguard and promote the child’s welfare.

(3) Whenever the local authority provides ‘return home support services’ under subsection (2) above, they must prepare a personal budget if asked to do so by the parent or the child, with a view to the recipient being involved in agreeing and securing those services.”.’.

New clause 16—Provision of further assistance to care leavers up to the age of 25—

‘(1) Section 23CA of the Children Act 1989 (Further assistance to pursue education or training) is amended as follows.

(2) At the end of the section heading insert “or for welfare purposes”.

(3) In subsection (1)(a), at the end, insert “and”.

(4) In subsection (1)(b), omit the last “and”.

(5) Omit subsection (1)(c).

(6) In subsection (4), after “training”, insert “or welfare”.

(7) In subsection (5)(a), omit the last “or”.

(8) In subsection (5)(b), after “training”, insert “or welfare”.

(9) At the end of subsection (5), add the following new paragraphs—

“(c) providing advice and support in relation to his welfare; or

(d) making a grant in exceptional circumstances to enable him to meet expenses connected with his welfare.”.’.

New clause 17—Amendments to the Health Act 2006—

‘(1) The Health Act 2006 is amended as follows.

(2) After section 8, insert—

“8A Offence of failing to prevent smoking in a private vehicle when children are present

(1) It is the duty of any person who drives a private vehicle to ensure that the vehicle is smoke-free whenever a child or children under the age of 18 are in such vehicle or part of such vehicle.

(2) A person who fails to comply with the duty in subsection (1) commits an offence.

(3) A person convicted of an offence under this section is liable on summary conviction to a fine of £60.

(4) The Secretary of State may introduce regulations to alter the level of penalty payable under subsection (3).

(5) The Secretary of State shall update all relevant regulations regarding the offence created under subsection (2) within six months of this section coming into force.

(3) In section 79(4)(a), leave out “or 8(7)” and insert “, 8(7), or 8A(4).”.’.

New clause 18—Review of impact of under-occupancy penalty on prospective adopters, prospective special guardians and foster parents—

‘Before the end of one year beginning with the day on which this Act receives Royal Assent, the Secretary of State must—

(a) carry out a review of the impact of the housing under-occupancy penalty on prospective adopters, prospective special guardians and foster parents, and

(b) publish a report of the conclusions of the review.’.

New clause 19—Arrangements to support child witnesses—

‘(1) The Secretary of State shall by order introduce arrangements to establish specialist courts in cases where a child has been sexually abused or harmed, and where the child will be required to give evidence to the court, and to be examined by the court.

(2) Arrangements made by order under subsection (1) above shall include arrangements to appoint intermediaries to support child witnesses in all court cases, and other measures to support child witnesses.’.

New clause 20—Personal, social and health education in maintained schools—

‘(1) In section 84(3) of the Education Act 2002 (curriculum foundation subjects for the first, second and third key stages), after paragraph (g) there is inserted—

“(ga) personal, social and health education”.

(2) In section 85(4) of the Education Act 2002 (curriculum foundation subjects for the fourth key stage), at the end there is inserted “, and

(d) personal, social and health education.”

(3) In section 74(1) of the Education and Inspections Act 2006, which (when brought into force) will substitute a new section 85 in the Education Act 2002, in subsection (4) of that substituted section (foundation subjects for the fourth key stage), at the end there is inserted “, and

(d) personal, social and health education.”

(4) Before section 86 of the Education Act 2002 there is inserted—

“85B Personal, social and health education

(1) For the purposes of this Part, personal, social and health education (“PSHE”) shall include sex and relationship education, including information about same-sex relationships, sexual violence, domestic violence and sexual consent.

(2) The National Curriculum for England is not required to specify attainment targets or assessment arrangements for PSHE (and section 84(1) has effect accordingly).

(3) The Secretary of State for Education shall set out guidance to schools and colleges to ensure that a coherent approach to personal, social, health and economic education is developed, including between primary and secondary schools.

(4) It is the duty of the governing body and head teacher of any school in which PSHE is provided in pursuance of this Part to secure that guidance issued under subsection (3) is followed and that—

(a) information presented in the course of providing PSHE should be accurate and balanced;

(b) PSHE is taught in a way that is appropriate to the ages of the pupils concerned and to their religious and cultural backgrounds, and reflects a reasonable range of religious, cultural and other perspectives;

(c) PSHE is taught in a way that endeavours to promote equality, celebrate diversity, and emphasise the importance of both rights and responsibilities.

(5) In the exercise of their functions under this Part so far as relating to PSHE, a local authority, governing body or head teacher shall have regard to any guidance issued from time to time by the Secretary of State.”.

(5) Section 403 of the Education Act 1996 (sex education: manner of provision) is amended as set out in subsections (6) to (9).

(6) In subsection (1), for the words from the beginning to “at a maintained school” there is substituted “The governing body or other proprietor of any school to which this section applies, and its head teacher, must take such steps as are reasonably practicable to ensure that sex and relationships education is given to registered pupils at the school and that”.

(7) After that subsection there is inserted—

“(1ZA) The schools to which this section applies are—

(a) maintained schools;

(b) city technology colleges;

(c) city colleges for the technology of the arts;

(d) Academies.

A reference in this section or section 404 to the governing body of a school, in relation to a school within paragraph (b), (c) or (d), shall be read as a reference to the proprietor of the school.”.

(8) In subsection (1A)—

(a) for “when sex education is given to registered pupils at maintained schools” there is substituted “when sex and relationships education is given to registered pupils at schools to which this section applies”;

(b) in paragraph (a), after “, and” there is inserted “learn the nature of civil partnership and the importance of strong and stable relationships.”;

(c) paragraph (b) is omitted.

(9) In subsection (1C), for “sex education” there is substituted “sex and relationships education”,

(10) In section 579 of the Education Act 1996 (general interpretation), in the definition of “sex education” in subsection (1)—

(a) for “sex education” there is substituted “sex and relationships education”;

(b) at the end there is inserted “but does not include education about human reproduction provided as part of any science teaching;”.

(11) For section 405 of the Education Act 1996 there is substituted—

“405 Exemption from sex and relationships education

(1) If a pupil of sufficient maturity in attendance at a school to which section 403 applies requests to be wholly or partly excused from receiving sex and relationships education at the school, the pupil shall be so excused accordingly until the request is withdrawn.

(2) The Secretary of State must in regulations define “sufficient maturity”.

(3) A statutory instrument containing regulations under subsection (2) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(4) The Secretary of State must lay draft regulations before Parliament before the end of the period of 3 months beginning with the day on which this Act is passed.”.’.

New clause 22—Information sharing about live births—

‘(1) NHS trusts should make arrangements to share with local authorities records of live births to parents resident in their area, to be used by the local authority for the purposes of identifying and contacting new families through children’s centres and any other early years outreach services it may operate.

(2) The Secretary of State must, within a period of six months of Royal Assent to this Act, bring forward regulations placing consequential requirements on trusts and local authorities in exercising their duty under subsection (1), including, but not limited to—

(a) the format of arrangements made;

(b) the safeguarding of information;

(c) the circumstances in which it would not be appropriate for a trust to provide information to local authorities;

(d) the regularity of data transfers;

(e) timescales within which a local authority must contact new families made known to it; and

(f) any further requirements the Secretary of State deems necessary.

(3) Local authorities must establish a pilot scheme to trial the registration of births within children’s centres, and evaluate the effectiveness of the scheme to—

(a) identify and contact new families; and

(b) enable children’s centres to reach more families, in particular those with children under the age of two, or who the local authority consider—

(i) hard to reach, or

(ii) vulnerable.’.

New clause 25—Health bodies: duties with respect to young carers—

‘(1) In exercising their general functions health bodies must—

(a) promote and safeguard the well-being of young carers;

(b) ensure that effective procedures exist to identify patients who are or are about to become carers;

(c) ensure that effective procedures exist to identify patients who it may be reasonably assumed may be receiving care from a child or young person for whom they are responsible;

(d) ensure that appropriate systems exist to ensure that carers receive appropriate information and advice; and

(e) ensure that systems are in place to ensure that the relevant general medical services are rendered to their patients who are young carers, or to the young carers of their patients.

(2) In relation to paragraphs (1)(b), (c) and (d), the Secretary of State may by regulations further provide for the strategies to be developed.’.

New clause 26—Schools: duties with respect to young carers—

‘(1) The appropriate authorities of schools must ensure that, within 12 months of the passing of this Act, they take all reasonable steps to ensure that there is in place a policy which—

(a) identifies young carers within the school; and

(b) makes arrangements for the provision within school of appropriate support to promote the well-being and improve the educational attainment of pupils who are young carers.

(2) In discharging its duty under subsection (1), where appropriate the authority must—

(a) consult with the family of the child or young person identified, or the young person themselves;

(b) involve the local authority in which the identified pupil is ordinarily resident;

(c) refer the identified pupil to additional services outside the school;

(d) have regard to any guidance given from time to time by the Secretary of State.

(3) The “appropriate authority” for a school is—

(a) in the case of a maintained school, the governing body;

(b) in the case of an academy, the proprietor;

(c) in the case of a pupil referral unit, the management committee.’.

New clause 27—Further and higher educational institutions: duties with respect to student carers—

‘(1) The responsible body of an institution to which this section applies must, within 12 months of the passing of this Act, identify or make arrangements to identify student carers and have a policy in place on promoting the well-being of student carers.

(2) This section applies to—

(a) a university;

(b) any other institution within the higher education sector;

(c) an institution within the further education sector.

(3) A responsible body is—

(a) in the case of an institution in paragraphs (2)(a) or (b), the governing body;

(b) in the case of a college of further education under the management of a board of management, the board of management;

(c) in the case of any other college of further education, any board of governors of the college or any person responsible for the management of the college, whether or not formally constituted as a governing body or board of governors.

(4) In discharging its duty under subsection (1), where appropriate the authority must—

(a) consult with the family of the child or young person identified, or the young person themselves;

(b) involve the local authority in which the identified pupil is ordinarily resident;

(c) refer the identified student to additional services outside of the institution; and

(d) have regard to any guidance given from time to time by the Secretary of State.’.

Amendment 33, in clause 1, page 1, leave out line 9 and insert—

‘satisfied that C should be placed for adoption—’.

Amendment 34, in clause 2, page 1, line 15, at end insert—

‘(1A) In subsection (4), after paragraph (f) insert—

“(g) the child’s religious persuasion, racial origin and cultural and linguistic background, although this paragraph does not apply to an adoption agency in Wales, to which subsection (5) instead applies.”.’.

Amendment 2, in clause 3, page 2, line 22, at end insert—

‘(1A) The Secretary of State may require local authorities to make arrangements with adoption agencies to compensate them for the cost of recruiting approved prospective adopters.’.

Amendment 29, page 2, line 22, at end insert—

‘(1A) Directions under subsection (1) may not be given before May 2017, being five years after the introduction of adoption scorecards.’.

Amendment 3, page 2, line 32, leave out paragraph (c).

Government amendments 9 and 16.

Amendment 31, in clause 9, page 9, line 8, at end insert—

‘and section 23B (8A) and monitoring and evaluating the effectiveness of that local authority in discharging its duties under section 23C (4B) and section 23CA and advising them on ways to improve.’.

Amendment 32, page 9, line 11, at end add—

‘(2) In the Children Act 1989, in section 23B after subsection (8) insert—

(8A) The duty of local authorities under subsection (8) to safeguard and promote the child’s welfare, includes in particular a duty to promote the child’s educational achievement.”.’.

Amendment 49, in clause 10, page 9, line 16, at end insert—

‘unless in the view of the court it is unreasonable to do so’.

Amendment 35, in clause 11, page 10, line 10, at end insert—

‘(2B) “Involvement” is any kind of direct or indirect involvement that promotes the welfare of the child. It shall not be taken to mean any particular division of a child’s time.’.

Amendment 50, page 10, line 10, at end insert—

‘(2B) Involvement shall mean, but is not limited to, direct contact with a child by any means including supervised contact, indirect contact with a child by any means including letters or telephone or receiving information about a child from the other parent or a third party.’.

Amendment 51, in clause 12, page 10, line 35, at end add—

‘(5) A child arrangements order that provides for a child to reside with a particular person is to be interpreted as granting rights of custody to that person.’.

Amendment 5, in clause 14, page 13, line 8, after ‘issued’, insert—

‘unless the court considers it necessary in order to safeguard or promote the child’s welfare to permit additional time for the disposing of the application.’.

Amendment 52, page 13, line 8, after ‘issued’, insert—

‘unless in the view of the court it would be in the best interests of the child to set a different timetable’.

Amendment 6, page 13, line 45, at end insert—

‘or, having taken into consideration the safeguarding and promotion of the child’s welfare, following evidence presented to the court relating to a planned programme of intervention, such longer time period as the court deems appropriate.’.

Amendment 36, in clause 15, page 14, line 46, at end insert—

‘(A1) Section 22 of the Children Act 1989 (general duty of local authority in relation to children looked after by them) is amended as follows.

(B1) In subsection (4), after “proposing to look after,”, insert “including when making any fundamental change to the care plan before or after a care order has been made.”.’.

Amendment 7, page 15, line 3, after ‘provisions’, insert ‘and sibling placement arrangements’.

Amendment 8, page 15, line 6, at end insert—

‘unless it deems such consideration necessary in assessing the permanence provisions of the section 31A plan for the child concerned and making the care order, taking into account the circumstances of the application and the safeguarding and promotion of the child’s welfare.’.

Amendment 53, page 15, line 6, at end insert—

‘but may do so when any matter is brought to the court’s attention by the child’s guardian’.

Government amendments 10 to 15.

--- Later in debate ---

[Tim Loughton]

Thank you, Mr Deputy Speaker, for taking up most of the remaining debating time in reading out the list of the remaining new clauses and amendments in the group. It is unfortunate that we have a large group of new clauses and amendments here, covering a very wide variety of important subjects to do with personal, social and health education, foster care continuing support, young carers, care leaver assistants, birth registration, adoption and so on, and yet we are left with barely an hour, particularly for Back Benchers who have not had the opportunity in Committee to point out things that we think are missing from the Bill or things that could be improved. On Second Reading we were time-limited in our contributions, too. I have taken a lot of time in making that point, but it needed to be put on the record.

I will speak as quickly as possible to the nine amendments and new clauses that I have tabled. In doing so, I want to signify my sympathy with new clause 4, tabled by the right hon. Member for Wythenshawe and Sale East (Paul Goggins), on continuing support for foster children, which is important. I know there are various problems with the way in which the amendment has been fashioned. I support new clause 22, tabled by my hon. Friend the Member for South Northamptonshire (Andrea Leadsom), on birth registration improvements. I have a good deal of sympathy, as I said on Second Reading, with improvements to the Bill to assist young carers, particularly new clause 5.

--- Later in debate ---

[Jeremy Corbyn (Islington North) (Lab)]

Do the hon. Gentleman’s proposals relate only to the schools he referred to as madrassahs, or do they also relate to supplementary schools and weekend schools?

[Tim Loughton]

The new clause is very broad and could effectively cover other supplementary schools, as they are termed. I know that this subject is fraught with problems. No doubt the new clause will not be a satisfactory solution ultimately, but I think it is a working basis on which to take the matter forward, rather than continuing to ignore it.

New clause 15, which has the full support of the National Society for the Prevention of Cruelty to Children, relates to support services for those returning from care. There has been a big focus, rightly, on improving the whole adoption regime. The Government announced a little while ago that £150 million will be taken from what was the early intervention grant to provide adoption support services. It is really important that we have the right degree of support around placements to ensure that they stick.

We hear a lot about adoption support services, improving care homes and better training for foster carers, but 37% of children in care return to their birth parents, and too many of them then return to care after the initial intensive preparation and support because of lack of ongoing support services. In 2012 that affected 10,000 children who returned to the birth parents—treble the number of children who get adopted. We know that that instability, that revolving door going in and out of care, can be really damaging to those vulnerable children. The NSPCC has put together a very credible case. It has totted up the cost of children remaining in the care system against the cost of giving them proper support packages back with their families, where that is the most appropriate destination for them and only where it is in their best interests.

New clause 15 merits serious consideration. It would provide the right social outcome for vulnerable children in care, but it would also save an awful lot of money if we get it right. I am sure that the Minister, who has great expertise in and knowledge of dealing with different types of children in the care system, will be supportive. It is also supported by an interesting paper produced last November by the Social Care Institute for Excellence, which said:

“Returning from public care to live with a parent is the most likely ‘permanence option’ but, for maltreated children, the least successful. There are wide variations between local authorities in terms of the resources allocated to decision-making about reunification, and the quality of practice.”

Finally, I have tabled three amendments on adoption. I have mentioned why adoption needs to be a priority. Many good things have happened in the past two and a half years on adoption, and I am very pleased that the Minister is committed to carrying that work on. The number of children given the opportunity to be adopted has been increasing, although numbers alone are not the be-all and end-all; it is the quality of the placements that really matters. The adoption scorecards that were introduced a year ago lay out with full transparency how well an authority is doing compared with other authorities across a whole range of measures. We have the adoption gateway to help recruitment, we are speeding up legal proceedings for children left in limbo, we are bringing in and beefing up fostering for adoption, we have the adoption support services that I mentioned, and many other things are happening. All that amounts to a very serious structural overhaul, and it is beginning to work, so we do not want to go and mess it up. I fear that in this Bill, the Government, with the best intentions, are going too far.

Children and Families Bill

Tim Loughton Excerpts

Monday 25th February 2013 Commons Chamber

[Stephen Twigg]

I thank my hon. Friend for her intervention. She anticipates my next point, as I was about to say exactly what she just said. Research by the BBC estimates that there are up to 700,000 young carers in this country, and we believe the Government should use the opportunity of this Bill to improve the identification, assessment and support given to young carers. As she reminded the House, the draft Care and Support Bill will give greater rights to adult carers, but support for young carers surely could and should be clarified and strengthened at the same time.

Ministers plan to write a presumption of “parental involvement” into the Children Act 1989. Labour strongly supports the principle that both parents should be involved in a child’s life, unless that compromises the child’s safety or welfare. However, we believe it is wrong to dilute the principle that the child’s best interests should always come first. Both the Select Committee on Education and David Norgrove have expressed significant concerns about the proposal.

The Select Committee on Justice, whose Chairman is in his place, has expressed a number of concerns, and I shall set them out. The first is that the Bill would not achieve its objectives in regard to shared parenting and that there is no evidence of a bias in the courts currently. The second is that the Bill could have a negative impact on the paramountcy principle, which states that when a court determines any question with respect to the upbringing of a child, the child’s welfare shall be paramount. The third is that the Bill will lead to misunderstandings about the right to particular amounts of time for parental contact because of the use of the word “involvement” without any definition and because of the use of presumption. A similar measure in Australia created an expectation that shared parenting meant equal time and led to courts becoming more clogged up as parents challenged decisions made on the basis of a child’s best interests, thus turning relatively straightforward decisions into lengthy conflicts.

[Tim Loughton (East Worthing and Shoreham) (Con)]

Does the shadow Secretary of State not acknowledge that what was proposed and became law in Australia was very different from what is being proposed here? Anything that can, in any way, be interpreted as meaning equality of time would not work. That is why the wording in the Bill, which has taken a lot of work and effort, is absolutely not a presumption about equality of time, but a presumption that all of us must surely agree that a child does best when both parents have as much involvement in the childhood of that child as possible, subject to the welfare provisions, which absolutely still stay paramount in the Bill. Why, yet again, do Labour Members not recognise that there is a problem and that at last we have legislation trying to address it?

[Stephen Twigg]

I certainly do not doubt the sincerity of the attempt to address this issue and to learn from the Australian experience. Labour’s judgment, as I have set it out today, has taken into account not only what the hon. Gentleman and other Government Members have said, but what has been said by organisations working in the sector, including in the field of children’s law. They tell us that there is a gap between the Government’s intention and what might happen in practice. We have to anticipate those unintended consequences, so although I absolutely agree with his final comments about the importance of both parents being involved, provided there is no threat to the safety or welfare of children, the paramount principle has to be the best welfare of the child—that has to come first. The concern is that what the Bill proposes could take us down the road that the Australians went down. We should explore this issue further in Committee, because there is a real difference of opinion on it. I urge Ministers to listen to those who are expressing a different view, so that we make sure that we do not have, as an unintended consequence of this Bill, something that makes the situation worse.

The Bill proposes a 26-week limit for care proceedings. At present, children wait for an average of 55 weeks for a decision about their future. The Government are seeking to address that, and we support them in their aim to speed up proceedings. However, speed should never be at the expense of getting it right for children. We want safeguards to be built into the system to ensure that complex issues are not overlooked and siblings are not separated needlessly. Because much of the delay comes from local authorities, the Government must also address the dangerously heavy case loads of social workers.

Again, we support the recommendations of the Justice Committee. It proposes first that the 26-week time limit should be specified in secondary legislation, while primary legislation should specify the power to set such a limit so that it can be amended easily if it proves unworkable in practice, and secondly that the clause should be amended to give judges the power to take cases outside the 26-week timetable.

--- Later in debate ---

[Tim Loughton]

Can we nail that misconception straight away? The provision has nothing to do with giving rights to parents; it is about the responsibilities of parents and the rights that children should have. They have a right to have both their parents as involved as possible—[Hon. Members: “And grandparents.”]—as well as other kinship care. I suggest to the right hon. Gentleman that the reason why the addition of this provision to legislation—for the first time—is so important is that it sends a clear and strong message to resident parents who use the court system to freeze the non-resident parent out of their relationship with the children that it will no longer wash. We want to keep more cases out of the courts, to be agreed amicably in the best interests of the children. That is what it is about.

[Sir Alan Beith]

I entirely agree with the hon. Gentleman and former Minister on what we are seeking to achieve, but he should note that the press coverage is already suggesting something rather different, which is the sharing of time—

[Tim Loughton]

But it is wrong.

[Sir Alan Beith]

As the hon. Gentleman says, it is wrong; perhaps the Government will have to make it rather clearer that it is wrong. On dealing with the perception, even if it is false, that there is a bias in the court system, there is another issue that figures much more largely in the concerns of many non-resident parents, predominantly fathers, and that is enforcement. Court orders are made that appear to give them reasonable involvement in the life of their son or daughter, but they are not observed, and the process of enforcing them is long, time-consuming and ineffective. We urged the Government to produce proposals on enforcement. They concluded that, on balance, it would be premature to legislate now to give courts additional enforcement sanctions. What they hope to do is bring cases quickly back to court—preferably to the same judge. I welcome that; it would be highly desirable.

--- Later in debate ---

[Ann Coffey (Stockport) (Lab)]

The principle that the interests of the child are paramount, which is enshrined in the Children Act 1989, should underpin all our legislation, policy making and attitudes to children. I therefore welcome the strengthening of the role of the Children’s Commissioner by giving a statutory remit to promote and protect children’s rights. It is crucial that this strengthened mandate is underpinned by sufficient resources.

The Children’s Commissioner’s recent report exposed the extent of child sexual exploitation in this country. I had hoped that the Bill would contain some provision further to support child witnesses in court. I will take a couple of minutes to explain why, giving an example that shocked me deeply—that of a young girl who was the alleged victim of anal rape before the age of three. The girl was interviewed on video six months after the initial disclosure. Aged four, she was brought to court for a live cross-examination via video link about the matters described in the video a year earlier.

To get to court on time, the girl had to be woken at 6 o’clock. However, when she arrived, the court was not ready for her and, after waiting all day, she was sent home. The cross-examination took place the following afternoon, with difficult-to-follow questioning, including the use of double negatives. The prosecution did not apply for a registered intermediary. During cross-examination no one except the judge intervened to ask if the child needed a break. How can this happen in the name of justice in our courts?

The Youth Justice and Criminal Evidence Act 1999 introduced the use of a wide range of special measures for vulnerable witnesses. The use of special measures is important as children do not approach communication in the same way as adults. NSPCC recent research showed that only 2% of young witnesses receive support from registered intermediaries, and also that at least half of young witnesses reported being unable to understand some of the questions that they were asked in court. I agree with the NSPCC that children who have been the victim of abuse should always be supported by a registered intermediary, as they have been shown to improve the administration of justice, ensuring that questioning and cross-examination practice maximises the quality of victim evidence. Furthermore and very importantly, the court experience for the child is less traumatic.

Obstacles to implementing section 28 of the 1999 Act must be overcome as rapidly as possible. Governments have been delaying for practical reasons the implementation of the special measures provision, which would allow a young child’s evidence, including cross-examination, to be obtained out of court and in advance of a trial. This would reduce delays in the start of trials and in the presentation of evidence at trial, a cause of great distress to child witnesses.

[Tim Loughton]

I strongly support the case that the hon. Lady is making, but that applies to older children as well, who are deterred from coming forward with their evidence on the basis that they will be re-traumatised in child sexual exploitation cases, of which there are some notorious ones currently under way. We need to make the system far more child-friendly to enable those children to make their statements that can nail the perpetrators in court, and not make them go through those traumatic events all over again in front of multiple barristers, as can so often be the case. I strongly support the point that the hon. Lady is making.

[Ann Coffey]

I thank the hon. Gentleman for that. What he says is quite right. It is a problem that goes right through the system, from the youngest to the oldest children. They are put through a terrible trauma, and it is sad that the measures that were introduced in 1999 are not being used in the courts. Something must be done about that.

I welcome the measures to reduce delays in adoptions. Concerns have been expressed about delays in adoption as a result of ideological correctness and because of the requirement in section 1(5) of the Adoption and Children Act 2002 to give

“due consideration to the child’s religious persuasion, racial origin and cultural and linguistic background”

when making an adoption placement. The previous Government made it clear that this did not mean that a child should always be matched with a family of their ethnic origin or that this consideration overrode other welfare interests. Clause 2 removes that requirement. If that clarifies that this is not an overriding consideration in placement, that it is welcome. However, the requirement remains to consider the child’s age, sex, background and any of the child’s characteristics that the court or agency considers relevant when making a placement, and of course that will include religion and race. The Children’s Commissioner in her new role has a statutory responsibility to protect children’s rights, including the right for children to learn about and enjoy their own culture. So I do not think this issue can be resolved by legislation alone. It is more a matter of good adoption practice, with the individual needs of the child being paramount.

Just as the issue of ethnicity is complex, so is the issue of contact in adoption placements. This is certainly the experience of constituents of mine, who were informed by the local authority that placed the children for adoption that there was to be a voluntary letter box agreement—that is, letters are exchanged on an agreed basis. The way that that is being implemented was causing a great deal of distress. When I asked my constituents why they continued with this, as they clearly thought it was not in the best interests of the child, they said:

“You are correct, the agreement is voluntary and not legally enforceable. Our concern is this: the LA”—

the local authority—

“have said that although the agreement is not legally enforceable, birth parents have the right to apply for leave of court to get a contact order and so we were to be careful what we agreed to. This is written in a leaflet they gave us after we were told of what the contact arrangements would be. I will be quite honest with you . . . we feel very vulnerable and I have been having sleepless nights worrying about what we are to do. We can’t continue an agreement that is not in the best interests of our children but we feel that we have to continue it as we feel threatened.”

What a situation for adopters to be in!

I am unclear whether clause 8 will help my constituents. It may be that this is an issue of good practice and ensuring that adopters have the proper support. The new helpline manned by adopters, which was announced in September, will be very much welcomed by my constituents.

I tabled a written question on the number of children returning to care as a result of adoption breakdown. I was told that the Department for Education does not currently collect those figures but will do so from 2014. I think that it is important that there is much better research into what is needed to support an adoption placement and into the factors in adoption breakdown, which can take many forms, including sending children to boarding school, youth custody, returning to birth parents, admission to psychiatric units and sleeping on a friend’s sofa.

I understand that research is being undertaken by the university of Bristol. The demands on modern-day adopters are perhaps summed up by its introduction:

“More children have been entering care because of maternal drug/alcohol misuse, and the impact of such use during pregnancy and later parental neglect have detrimental developmental effects. Attachment difficulties/disorders and the impact of early trauma have all risen to prominence and been linked with placement disruption.”

We need that research. We have a shortage of adopters, and perhaps more families would be willing to adopt if they could be reassured that they would get the support they need. We will need a range of different care models, including adoption, family-based and residential, to meet the complex needs of children coming into our care. Adoption will always be the best placement for some children. We need to do all we can to support the therapeutic parenting we are asking of many adopters.

In conclusion, we must also do more to improve the quality of all our care placements so that when children come into the care system because their parenting is not good enough, they are provided with the best possible opportunities and do not again face poor care because of poor parenting in the care system.

--- Later in debate ---

[Mr Llwyd]

I am afraid that does not explain why some corners of the press still believe that to be the case. I accept what the Minister says, however, and I certainly accept the useful explanation given earlier by the hon. Member for East Worthing and Shoreham.

[Tim Loughton]

Repeating the misconceptions in the press does not help. Does the right hon. Gentleman not accept that if it is crystal clear that both parents are expected to be involved with their children, they are less likely to have to go to court for that to be enforced?

[Mr Llwyd]

I have been practising in the courts for quite a time, and as I understand it, there is a presumption in the courts that the involvement of both parents is good, provided that it accords with the overall principle of the children’s welfare being paramount. Nothing will change drastically, but my concern is that some people who do not have any contact with their children for various reasons will suddenly think that there is now shared parenting and they have a right to do this, that and t’other. I may be wrong, and I hope so.

I accept what the hon. Gentleman said about the need for the parent with residence not to freeze out the other parent. That is absolutely right, but a recent report by the universities of Oxford and Sussex, “Taking a longer view of contact”, states that structural factors such as the frequency and format of contact are relatively unimportant compared with the quality of contact that children experience with both their resident and non-resident parent. It further observes:

“Parenting arrangements after separation cannot be considered in isolation to the patterns of parenting established in intact families.”

It stresses that no contact is better than bad contact, and that there are circumstances, such as when abuse is present, in which no contact should take place.

We know that fewer than one in 10 cases in which parents divorce or separate come before a family court for a decision on contact. It is estimated that between a third and half of the cases that do come to court include allegations of violence or abuse. I believe that the provision in the Bill is more about creating a perception than anything else. This has been a good debate hitherto, and I do not want to fall out unnecessarily on this point, but I simply do not understand why we are legislating to change a perception. At the end of the day, family courts are manned by experienced judges who start with the principle that it is always good for both parents to be involved when it accords with the all-important principle of the welfare of the child being paramount.

--- Later in debate ---

[Tim Loughton (East Worthing and Shoreham) (Con)]

I am pleased to have the opportunity to speak in support of the Bill, albeit briefly. I offer my apologies for not being in the Chamber for the beginning of the Minister’s comments; I was upholding the honour of the parliamentary hockey team, which is why I am now limping.

There are many things in the Bill to support. It takes forward much of the work done over our past few years in government, and indeed when we were in opposition, especially on adoption and parenting, and I shall talk about those two subjects in particular.

I very much welcome the special educational need reforms, and I think the Minister is open to amendments to tweak and improve them. I welcome the Children’s Commissioner reforms, on the basis of John Dunford’s excellent report. I also welcome the innovative proposals on parental leave and flexible working, especially in respect of adoption. The hon. Member for Walsall South (Valerie Vaz) should be complimented on her private Member’s Bill a couple of years ago, which brought the matter to the attention of the Government.

I welcome those provisions, but a number of things could be done better. The subject of shared parenting, or parental involvement, as we are now to call it, has a lot of history. We put forward proposals for the 2006 Children and Adoption Bill. I was disappointed that although more than half of Labour MPs, and Liberal Democrats, supported an identical early-day motion, they voted against proposals that could have brought in the provisions in 2006.

The Bill should be seen in the context of many other things that the Government are doing on private law cases in the justice system, such as better mediation services, better relationship support upstream and better enforcement. The Chairman of the Justice Committee, the right hon. Member for Berwick-upon-Tweed (Sir Alan Beith), who spoke for the Liberal Democrats, seemed to think there was not a problem. There is a perceived problem and an actual problem. In research on children who do not live with both parents, resident parents reported that between a quarter and a third of the children rarely, if ever, see their non-resident parent. That is a real problem. In 2011, despite serial breaching of contact orders in the many cases that as constituency MPs we see week in, week out, only 53 enforcement orders were granted for non-resident parents to have contact with their children.

[Charlie Elphicke]

We know there is a problem, do we not, because these cases so often fill our constituency surgeries. I pay tribute to my hon. Friend for his work in helping to bring forward this part of the Bill.

[Tim Loughton]

I am grateful. It is a problem that we have all known about, but have shied away from doing something about. This is a real opportunity at last to do something about it. It is not about parental rights; it is about parental responsibilities. That includes the responsibilities of parents who have done a runner. The legislation will make it clear to them that they have a responsibility to their children, whether they are on the scene or not. The provision does nothing to dilute the principle of the paramountcy of the welfare of the child; that is absolutely clear. If it did anything else, I would not support it. It is in clause 1; it is subjugated to that very important paramountcy principle in the opening section of the Children Act 1989.

The Bill must send out a very clear message to warring parents—to the 10% of cases who still go to court: “If you think you can play winner takes all, and freeze the non-resident parent out of your child’s relationships and childhood, forget it. Think again, because both of you will have a responsibility to the children, or will be expected to play as full a part as possible in their upbringing.” That is what the provision is all about; it does not dilute the welfare principle.

A lot has happened on adoption in the past few years. This legislation builds on the work of the adoption action plan and the adoption gateway. It was encouraging to see the early glimmers of a reversal in the trend in adoption numbers since 2007; we saw a tick up in 2012, but it is early days. I very much support the measures on fostering for adoption, or concurrent planning, as we used to call it. Coram in particular has done some excellent work on that. It is about a seamless transition for a child, with the risk being taken by the prospective parents, not the child, and about maintaining continuity of care, which is so important to a child in care in the early years.

I strongly support the adoption support services mentioned in the Bill. Peri-adoption support services are probably the most important thing in ensuring a good-quality, lasting placement. As the hon. Member for Stockport (Ann Coffey) said, we absolutely need to do more research on those adoptions that are disrupted. I am afraid that it is also necessary for us to do more around ethnic matching. As to whether we need legislation to do it, I do not know, but we absolutely need to make it clear that first and foremost a child needs a safe, loving, stable environment from a family. If that family happens to be an ethnic match, that is a bonus; it should not be a deal-breaker for the child.

I am concerned that the £150 million taken from the early intervention grant may mean that provision is taken away from children who remain in care. Even if we double the number of children going into adoption—that is not a target—90% of children in the care system will remain in it, in foster care and residential homes, and will not go into adoption. Yet the only measures in the Bill relating to looked-after children are those for virtual heads, which I welcome, and those on contact arrangements. Why do we not extend personal budgets to foster carers? Why do we not do more to give children in care priority access to mental health services? Half of children in care suffer from mental health problems. That is probably the single biggest contribution we could make to giving them greater stability and a chance to do well at school.

As the National Society for the Prevention of Cruelty to Children has said, half of children who come into care because of abuse or neglect suffer further abuse when they return home, with up to half of them returning to care. If we did more to support them, so that they could stay with their families, we would have fewer kids in care.

We need to do more. Where I take issue with the Government is on recruitment. We desperately need to recruit more prospective adopters. We desperately need voluntary agencies to recruit more adopters, but it is too early to compel local authorities to take away the responsibility for recruiting adopters. It has been only a year since the adoption scorecard came out. They are three-year track records, and they are always retrospective. We need to give local authorities a greater chance to show that they can recruit more adopters and work in partnership with voluntary agencies. One thing that we could do to help those agencies is create a bounty fee; voluntary agencies would be paid for recruiting prospective adopters. At the moment, the more they recruit, the more they have to pay to retain and train them. They do not get paid until they receive the inter-agency fee. A bounty measure would incentivise voluntary agencies to do more of what they so successfully do to recruit. The Bill risks de-linking adoption from other permanent options.

Finally, I would like to see more measures for supporting young carers, as many hon. Members have mentioned. I would like to see an effective independent complaints or ombudsman system in adoption, for those cases that have gone badly wrong. I would like to see child performance regulations in the Bill—which my ten-minute rule Bill will propose—as it is the only opportunity that we have had and probably will have in this Parliament to introduce them. I would also like to see us do more to compel local safeguarding children’s boards to publish their serious case reviews and to commission them in the first place, as we do not have any primary legislation to do that. There are many other things that I would like to see, but I have run out of time.

Oral Answers to Questions

Tim Loughton Excerpts

Monday 3rd September 2012 Commons Chamber

[Nadine Dorries (Mid Bedfordshire) (Con)]

1. What progress his Department has made on steps to improve the protection of children in care from sexual exploitation.

[The Parliamentary Under-Secretary of State for Education (Tim Loughton)]

Let me welcome you, Mr Speaker, back from the recess—without a tan. In July I published a report describing extensive progress on implementing last November’s “Tackling Child Sexual Exploitation” action plan. Although all children are potentially at risk, particular challenges arise for children in care, especially those in children’s homes. Accordingly, I announced urgent action to improve children’s residential care, including developing a clearer understanding of when children go missing, allowing Ofsted to share the locations of children’s homes with the police and examining out-of-authority placements.

[Nadine Dorries]

I am sure that the Minister is aware that 45% of children who are in care and looked after are in homes away from their borough. They are removed from their networks of support and the familiarity of adults whom they can trust, which makes them more vulnerable and more prone to abuse. Does he agree with the report by the deputy Children’s Commissioner that children should be cared for as close to home as possible, and, if so, what steps are we taking to ensure that happens?

[Tim Loughton]

I entirely agree with my hon. Friend on that point. That is why I launched the progress report jointly with the deputy Children’s Commissioner, picking up what I believe to be the scandal of too many vulnerable children—almost half, as my hon. Friend said—being placed a long way from familiar environments. We have set up a task and finish group specifically to look at the problem and at how we can keep children closer to home and familiar environments when that is in their interests. The group will report back to me within the next few weeks and we will take specific action as a result.

[Ann Coffey (Stockport) (Lab)]

May I thank the Minister for including me, as chair of the all-party group on runaway and missing children and adults, on the working group on children’s homes? If we are to safeguard children in care from sexual exploitation, we need to improve the quality of care in some of our children’s homes. Does he agree that we need to move to more robust inspections that measure outcomes for children in terms of improving their well-being and safety?

[Tim Loughton]

The hon. Lady is entirely right and I thank her for her work with the working group. I should also mention that she joined me at the joint press conference to give the useful and detailed findings of her report. The third task and finish group we set up—into which I very much hope she will have some input—is looking at the quality of residential children’s homes and the quality of the work force working in them, where I think we can do an awful lot better. Inspection needs to be better and more appropriate, and we need to ensure that any authority placing a child in a home is absolutely convinced that the quality of care is appropriate and the best available.

[Rehman Chishti (Gillingham and Rainham) (Con)]

On the protection of children, the Minister will be aware of the recent murder of Shafilea Ahmed and the link to honour violence. What steps are being taken in schools to help to tackle such horrific acts of violence?

[Tim Loughton]

My hon. Friend mentions a particularly horrific case that shocked the whole nation when it appeared in our headlines. It is very important that we raise the profile of this insidious force—which I am afraid is present in too many communities—and ensure a joined-up approach, involving the Home Office, police, local authorities and our schools, so that this is not happening beneath the radar and so that children are educated and know what to do to avoid such tragedies happening again.

[Lisa Nandy (Wigan) (Lab)]

Although Ministers are right to focus attention on the sexual exploitation of children in care, such children continue to face many challenges in their lives. Today’s report by the all-party group on looked-after children and care leavers reveals that, shockingly, only 12% of children in care get five good GCSEs, despite efforts by two successive Governments to change that. Will he tell us why the important strategy on children in care, which was promised to us for this summer, has been delayed?

[Tim Loughton]

I thank the hon. Lady for her question, but she has failed to notice the fact that throughout the last year the Department for Education has announced a series of practical measures to help children in care in all sorts of destinations, to tackle the very scandal that her Government left of the huge gap of achievement in education between children in care through no fault of their own and their peer group. That is why, for example, every child in the care system automatically qualifies for the pupil premium. That is real, practical, tangible action, which her Government never took for those kids who need it most, and there are many more things still to come over the next few weeks and months.

[Dan Rogerson (North Cornwall) (LD)]

Further to the Minister’s answer on reducing the number of out-of-area placements, will the Government do more to ensure that information is adequately shared between police forces and those who inspect homes and local authority departments, to ensure that any problems can be addressed?

[Tim Loughton]

My hon. Friend gives me the opportunity to shout “House”; that is the full set. We have set up three task and finish groups, and the third is looking specifically at the anomaly left over from regulations in the Care Standards Act 2000, whereby the police are unable to access information about children in children’s homes who go missing or get into trouble, in order to co-ordinate the action that needs to be taken to prevent those children from ending up in the hands of sexual predators and others. That situation will be changed. The group will report its findings to me in the next few weeks, and urgent action will be taken as a result of them.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Education (Tim Loughton)]

Positive for Youth set out for the first time an over-arching vision for youth policy. One of the key principles of its vision is for local leadership and greater partnership in the delivery of services for young people. Local authorities are best placed to decide how best to shape their services, and their duty to secure sufficient services is outlined in revised statutory guidance which we issued back in June. This Government have invested an additional £141 million in a network of 63 Myplace youth centres to support local youth service provision as well.

[Mr Slaughter]

Will the Minister comment on my local authority’s plans for the youth service? It is cutting its budget by half, closing four of the seven permanent youth clubs to obtain their sites for market sale, and now plans to sell free-for-use sports pitches in a public park to a private company for commercial letting.

[Tim Loughton]

Given the hon. Gentleman’s record on accounting for supposed children’s centres closures in his constituency, which turned out not to be the case, one needs to scrutinise some of his comments rather more closely. What I do know is that there is some very innovatory work going on in the youth field between the three boroughs in the tri-borough experiment. [Interruption.] Within the hon. Gentleman’s own constituency, in the borough of Hammersmith and Fulham, they are leading the way in youth innovation zones, showing new, practical, innovatory ways of bringing services to young people that they need and will use. [Interruption.] He should go and visit them.

[Mr Speaker]

There is plenty of scope for an Adjournment debate on this matter, to judge by responses so far.

[Henry Smith (Crawley) (Con)]

Will my hon. Friend join me in congratulating Ifield youth services on providing a broader range of services to younger people through voluntary sector involvement? Does he agree that voluntary sector and faith involvement in providing youth services is extremely important for local communities?

[Tim Loughton]

My hon. Friend makes a pertinent point. We share the same local authority—West Sussex—where there is some innovatory practice in youth services, provided not just by the local authority but in partnership with punchy voluntary organisations which know what young people want and can engage with them and make sure that they are engaging with useful services that will aid their well-being, which is what youth services are all about.

[Ms Karen Buck (Westminster North) (Lab)]

We already know from parliamentary answers that youth services have suffered a disproportionately large cut in public expenditure, but last month the National Association for Voluntary and Community Action released a report which found that its members had experienced a drop of around a fifth of total expenditure, 40% of them making redundancies, and that children’s and young people’s organisations were being disproportionately hit. As the Minister has expressed concern about local authorities disproportionately cutting youth and children’s services, what precise steps is he taking to make sure that local authorities and the voluntary and community organisations that he rightly praises are not targeting youth services for a larger share of cuts?

[Tim Loughton]

The hon. Lady makes my point. I have expressed my concern about the disproportionate effect—in some cases— on youth services that some short-sighted local authorities have exercised. That is why we consulted on and revised the statutory guidance which we issued back in June, and why also, at the core of Positive for Youth—the most comprehensive policy, which her Government never even attempted—are those best placed to have a voice and scrutinise the value of their youth offer: young people themselves. That is why I am about giving a voice to young people and making sure that they have a place at the top table in the town hall—something that her Government never gave young people.

[Mr Rob Wilson (Reading East) (Con)]

12. What steps he is taking to improve the attainments of the most able pupils in mathematics.

--- Later in debate ---

[Claire Perry (Devizes) (Con)]

18. What level of response the UK Council for Child Internet Safety received to its consultation on parental internet controls.

[The Parliamentary Under-Secretary of State for Education (Tim Loughton)]

As co-chairs of the executive board of the UK Council for Child Internet Safety, the Minister for Equalities, who is also responsible for criminal information, and I launched a consultation on parental internet controls on 28 June. The consultation closes on 6 September and the final number of responses will not be known until then, but to date there have been no fewer than 600 responses from parents, members of the public, charities and businesses.

[Claire Perry]

Members across the House will pay tribute to the Minister and his UKCCIS team for setting up this important inquiry.

We know that 83% of parents are deeply worried about how easy it is for young people to stumble across or find adult material online. Does the Minister think that enough of those parents’ voices are going to be heard in what is quite a technical consultation? Is he looking forward to getting a 110,000-name petition from parents, proving that parents are very interested in this point?

[Tim Loughton]

I pay tribute to the work that my hon. Friend has done on this important issue. She is absolutely right. I absolutely want the internet to be a safer place for our children, and I am open to any suggestions to bring that about. However, a joint effort is needed, which is why UKCCIS is a union of lots of different interested parties. But parents are absolutely at the heart of the issue: they need to know what to look out for in respect of their children’s internet access at home and to talk to their children to make sure that they are safe. We all have a role in this, and I praise the contribution that my hon. Friend is making.

[Chi Onwurah (Newcastle upon Tyne Central) (Lab)]

19. What measures he has put in place to prevent the sale of academy school sports playing fields.

--- Later in debate ---

[Justin Tomlinson (North Swindon) (Con)]

When a youth service is failing to meet the needs of its local communities, would the Minister support switching the funding to organisations such as sports groups, scouts and guides, so that they can extend their constructive engagement with young people?

[The Parliamentary Under-Secretary of State for Education (Tim Loughton)]

My hon. Friend makes a very important point. We have some fantastic youth groups, voluntary organisations and people around the country with a passion for engaging young people and a knowledge of how to do so, who in the past have been frozen out too much from the local offer. In future, they need to be part of the offer for young people locally, and must work with local authorities and schools to ensure that young people get the very best opportunities.

[Jenny Chapman (Darlington) (Lab)]

In Darlington, 50 young people at St Aidan’s academy should have got a C this year but got a D. That is not a one-off case; there are schools like it up and down the country. The Secretary of State has said that he is sad about this matter. Does he think that it is fair?

Adoption

Tim Loughton Excerpts

Thursday 5th July 2012 Westminster Hall

[The Parliamentary Under-Secretary of State for Education (Tim Loughton)]

We have had a well balanced and measured debate. It was slightly less heated than the one going on in the main Chamber at the moment, which may interrupt our deliberations. I add my congratulations to those that others have given my hon. Friend the Member for South East Cornwall (Sheryll Murray) on the way that she made her case, acknowledging that the Government need to get on with it and do more, but also that we have undertaken a radical and substantial overhaul of our whole system for looking after children in care, with a particular focus on those who will benefit from adoption and those who could benefit, but are not being considered for it now.

I have a long speech, but first I will take up some of the points that were made, and we shall see how far the Division bell eats into our time. Issues in adoption have not just happened in the past two years under the current Government. In opposition, we had a long-standing interest in improving the adoption situation. I was on the Committee on the Adoption and Children Bill, which became the 2002 Act. The legislation was well intentioned, but some good reforms that it introduced were not sustained and they fizzled out. I am determined that our adoption reforms will last and that an increased number of children, for whom adoption is appropriate, will benefit from it in a more timely manner.

--- Later in debate ---

On resuming—

[Tim Loughton]

As I was saying before we were so rudely interrupted by the main Chamber, the Government have taken adoption seriously for a long time. It is helpful that we have the commitment of the Prime Minister, of my Secretary of State, who has great personal experience of adoption, and of Martin Narey, the Government’s adoption adviser, who was mentioned by my hon. Friend the Member for Crewe and Nantwich (Mr Timpson). All three have given the campaign great impetus.

I assure the House that everything we are doing is not just about improving processes, effectiveness and efficiency, but about getting better placements and better outcomes for children in care generally, and for those for whom adoption is appropriate, who will always be the minority. As the hon. Member for Sefton Central (Bill Esterson) said—it is good to see him here today, off his crutches—the Government have been doing a wide range of things across the piece for children in care, including a better deal for foster carers and for children in foster care, special guardianship orders, and this week’s announcements about children in residential homes. For us, there is no hierarchy of forms of care.

I want to pick up some of the points made. I have a deal of sympathy with the measures that the hon. Member for Walsall South (Valerie Vaz) tried to introduce via her ten-minute rule Bill. She mentioned our meetings with colleagues in the Department for Business, Innovation and Skills; she is absolutely right to say that there is financial, social and moral benefit to be gained from getting children out of care, and that we spend a lot on the whole area.

Adoptive parents face challenges, and we must ensure that they have help with them. The worst possible denouement for a child can be when an adoption breaks down, and various Members have stressed the importance of adoption support services, an importance that I absolutely see. We are doing a lot of work in that area, and there will be further announcements throughout the year. We do not want false economy. It is common sense that if one does not put in the work pre, during and post-adoption, a placement is less likely to stick, particularly if the child involved brings with them lots of baggage, emotional trauma or abuse. We need to devote appropriate love, attention and professional care to ensuring that such children can recreate the kinds of empathetic relationships—attachment, which my hon. Friend the Member for Romsey and Southampton North (Caroline Nokes) also mentioned—that are so lacking in their lives and that place them at such a disadvantage.

My hon. Friend the Member for Romsey and Southampton North made a number of good points. Hampshire has an excellent track record, and I was with the director of children’s services, John Coughlin, only this morning. He has done much to support the heavy lifting that the Government have been doing, and we need to do more, to understand how we can recreate attachment and deal with the behavioural problems of many children who are appropriate for adoption. We must ensure that professionals recognise those special needs, and we are working with the College of Social Work and the Social Work Reform Board so that there is a better understanding of the problems faced by children in the care system, particularly those related to attachment.

Awareness of attachment is growing, but we need to do an awful lot more. The figures that my hon. Friend cited of the number of parents in her area who now seek adoption support shows what a false economy it would be not to recognise that such support is needed and do something about it.

[Bill Esterson]

The Minister makes an important point about the better understanding of attachment. The issue is incredibly important, and needs to be addressed. It is also important to have professionals with long-term experience, and to find ways of ensuring that we not only attract but retain high-quality staff in the profession, including foster carers, so that their expertise can be built up over many years. There is no substitute for long-term experience.

[Tim Loughton]

I agree with the hon. Gentleman. This is not just about training the professionals and raising awareness among them; it is about raising awareness among parents, as well as children, as to what attachment is all about. We can do that through training, but we can also do it by spending £4.99 on a very good little book that has been authored and published by the father of my hon. Friend the Member for Crewe and Nantwich. The book is about attachment and it is written in layman’s terms. It is a really good aid to try to get people involved in the process to understand the heavy, technical areas involved. I recommend the book to the hon. Member for Sefton Central and might even give him a free copy, because I have been provided with a number of samples.

I do not really need to speak, because the speech made by my hon. Friend the Member for Crewe and Nantwich, who has great expertise in the area—more than anybody else in Parliament, I think—summed it up very well. It is always a privilege to hear his take on the subject. He has been hugely helpful with his work on the all-party group on adoption. It is always a challenge for someone to go into a crowded room full of experienced young people who want to challenge them and keep them on their mettle. My hon. Friend, together with my hon. Friend the Member for Erewash (Jessica Lee), has also had input in the ministerial advisory group, and we have recently been joined by Baroness King, a former Member of this House. As my hon. Friend the Member for Crewe and Nantwich said, adoption is an enriching and rewarding experience, not only for the adoptee, but for the family who take in a new family member.

The role of voluntary adoption agencies is crucial. We have a lot to learn from their great expertise and success rate in finding adopters and making sure that adoptions are appropriate, work and last, which is why we are doing a lot of work with them. We must remember that we are trying to deliver child-focused services and to achieve child-focused outcomes, not just trying to make the system work better.

My hon. Friend the Member for Hendon (Dr Offord), who is no longer in the Chamber, said that councils have a responsibility all year around, not just for Christmas or for adoption week. I am sure that many of the directors of children’s services I have been with over the past 24 hours at their conference in Manchester would agree with that. They would probably also agree with my hon. Friend the Member for Erewash that it is important to raise the profile of adoption. This debate is part of that process, as are various other campaigns.

As Minister with responsibility for children, I have a responsibility to make sure that we do a lot better for thousands of children who enter care through no fault of their own. My first priority is to make sure that we support vulnerable families to stay together, but if the safety or well-being of a child is threatened, the next step must be to urgently bring them into care. Most children in care will, rightly, return to their families when it is safe for them to do so. Others will need a period in foster care or in a children’s home, but for some there will not be a realistic prospect of growing up with their birth parents or other family members. In such circumstances, adoption can be a lifeline and offer a vulnerable child the hope of a better future and a second chance in a loving, stable family, which is something that every child deserves.

The Government are determined to see more children considered for adoption, but, as I have said, they will always be a small minority. Even if we doubled the number of children who are adopted—I am not in any way setting a target—they would still amount to fewer than 10% of the children who are in care in this country at present. The children we want considered for adoption include those who, in many cases, have been overlooked in the past, particularly older children, kids with disabilities and children in sibling groups, who are a particular challenge; we have to do much better to try to keep sibling groups together, if possible, and find placements for them. We need a special kind of foster or adoptive carer to come forward and take on those responsibilities. When adoption is right for a child, we want and need it to take place without delay, because we know only too well the detrimental impact that delay can have on a child’s development. As my hon. Friend the Member for Romsey and Southampton North said, the first 1,000 days are key. My hon. Friend the Member for South East Cornwall mentioned the crucial early years. The sooner a child has an appropriate adoption placement, the more likely it is to work and the more likely it is that attachment will click.

Over the past couple of years, a great many things have been going on, a few of which I have mentioned. Revised statutory adoption guidance for adoption agencies has been issued, and we have established an adopters’ charter, which sets out clear principles on how prospective adopters should be treated. I developed the charter with a group of young people who have been adopted and who come to see me regularly. I meet similar groups of children who are in foster care or residential care, and young people who have recently left care. I get some of my best information from those kids. They tell it like it is. It is always a joy, and a challenge, to have them in my office and get their input. Our whole work in this area has been hugely informed by the experience of the child, and it is absolutely right that it should be.

We have worked with Ofsted on strengthening the inspection regime. I had breakfast with its deputy director this morning and we talked about the new regime being introduced by Ofsted to make sure that we inspect the right things in adoption, so that it is all about the outcomes for children and not about processes. We have announced changes to the schools admissions code, which will mean that children who were previously looked after but who left care through adoption, or a special guardianship order or residence order, will retain the same priority for school places that they had as looked-after children. That is essential in trying to narrow the scandalous gap in achievement between children in the care system and their peer group.

We have published children in care and adoption tables, which show wide variation between local authorities in the number of adoptions and the timeliness of placements. The tables have led more recently to adoption scorecards, which I will come to in a moment.

Everything that we are trying to achieve is not pie in the sky, because it is happening in certain parts of the country. I need everybody who has a responsibility in children’s services to up their game and try to emulate the performance of the best for their children in care.

We have commissioned research into the number of adoptions that break down and the reasons behind that, because the last thing an adopted child needs, as my hon. Friend the Member for South East Cornwall mentioned, is to be returned to care. We have published an adoption action plan in which we set out our proposals for tackling delay in the adoption system, including a new, shorter, two-stage approval process for prospective adopters and a new national gateway for adoption, on which we will provide further details at a later stage.

We desperately need more people to adopt. At the moment, too many people who pluck up the courage—it is a huge ask—to knock on the town hall door or pick up the phone and say, “I’m interested in becoming an adoptive parent,” are told, “Don’t call us; we’ll call you.” We should be grabbing those people by the throat and saying, “Fantastic—we’ve been waiting for you! Let’s talk you through the process and see whether it’s for you or not,” and, if it is appropriate, then for goodness’ sake let us get them into the assessment process and not put obstacles in their way. Let us do the checks as speedily and as thoroughly as possible, and then let us have them as prospective adopters and see if we can find a suitable child to match with them. That message goes out loud and clear from everything that the Government are doing; we need more people to come forward. It is a big ask but as everybody present with experience of adoption has shown, it is a hugely satisfying achievement, not only for those who adopt, but for the child who is being offered a home and who, in so many cases, has been through an awful lot.

We are making good progress in delivering the action plan commitments. Alas, I have only two minutes left, so I will not be able to give them in full, but we are developing the scope and remit of the gateway, which we hope to launch later this year. We will consult in September on changes to the new adopter approval process and a new fast-track approval process for previous adopters and foster carers; on changes to speed up and encourage adopters to lead the process of finding a suitable match with a child; and on changes to make it easier for prospective adopters to be temporarily approved as foster carers. I expect all those changes to come into force in June 2013, and there will be further announcements—I cannot go into them in detail until tomorrow—to speed up that process.

Other commitments include legislation to reduce delay caused by local authorities seeking adoptive parents who are a perfect or near ethnic match for a child, which my hon. Friend the Member for Maidstone and The Weald (Mrs Grant) mentioned earlier, and acting on the family justice review recommendation to remove the adoption panel function with regard to a child’s adoption decision. That is also a duty for the judiciary, which is why David Norgrove’s review reforms are so crucial to ensuring that everybody is doing their bit to make adoptions happen more speedily, efficiently and effectively in the best interests of children.

The action plan announced new scorecards, the first of which were published in May, on adoption timeliness for local authorities. They are crucial in providing transparency on how local authorities are doing and in ensuring that we have a contextualised record. I recognise, as various hon. Members have mentioned, that there are more challenging children to be adopted. We want to make sure that they are not excluded from the process simply because it might take longer. That is why the adoption scorecards are contextualised and sophisticated, and not just raw targets and tables, which has been a problem in the past.

Following publication of the scorecards, officials met the councils identified as being of the highest concern. A real willingness has been shown by all areas to get the process working better.

Child Sexual Exploitation

Tim Loughton Excerpts

Tuesday 3rd July 2012 Written Statements

[The Parliamentary Under-Secretary of State for Education (Tim Loughton)]

Today I am setting out details before both Houses of three reports that deal with sexual exploitation of children and I outline the Government’s plans to take our existing action plan forward to deal with this horrendous crime.

The conviction of nine members of a network responsible for child sexual exploitation in Rochdale on 8 May raised serious concerns about the safety of young people in residential care and the ease with which they can fall prey to such abuse. On 9 May, the Secretary of State for Education asked the deputy children’s commissioner to report to him urgently on emerging findings from her inquiry into child sexual exploitation in gangs and groups. He asked that the report should focus particularly on risks facing looked-after children living in children’s homes.

We are very grateful to Sue Berelowitz for this early report which sets out emerging findings ahead of the interim report which will be published in September. It is being published today, together with our response to its recommendations which we accept in full and are driving forward as set out below.

Sexual exploitation blights the lives of too many of our children and young people and we need to do more to protect children, support victims and punish perpetrators. That is why the Government published their “Tackling Child Sexual Exploitation Action Plan” in November 2011, looking at this abuse from the point of view of the young person and the impact not just on the victim but the whole family. We have been driving forward implementation of the plan, involving five Government Departments working with a wide range of local and national organisations, voluntary and community sector partners, and law enforcement agencies. We have made it very clear that this kind of criminal behaviour will not be tolerated and that offenders like those in the Rochdale case can expect to face the full force of the law.

We are also publishing today a progress report on the implementation of the action plan and announcing further urgent action to help protect young people in residential care in light of recent serious concerns about the vulnerability of such children, in particular those placed a long way from their home area.

Our progress report shows that local safeguarding children boards and others have been rising to the challenge to do more to identify and tackle child sexual exploitation. Recent well-reported police operations have highlighted some very effective joint working by the voluntary and community sector and by statutory agencies. There are many examples of valuable initiatives that are making a practical difference—such as the “Say something if you see something” campaign addressing the problem of hotels unwittingly being used as venues for the sexual exploitation of young people and the Barnardo’s project which is developing specialised foster care placements for victims of child sexual exploitation. The new sentencing regime for dangerous offenders, which is likely to be implemented by autumn 2012, will introduce mandatory life sentences for very serious repeat offenders and help bring more perpetrators to justice.

But as long as exploitation still exists, we can and must do more. There are still areas of the country where the existence of child sexual exploitation is not properly acknowledged or addressed. This is wholly unacceptable, and underlines the need to sustain the drive to implement the action plan fully. To support this, we are publishing alongside the progress report a new, accessible, step-by-step guide for front-line practitioners on what to do if they suspect a child is being sexually exploited. We will continue to work with local safeguarding children boards and practitioners to promote improved practice supported by this new guide.

The Office of the Children’s Commissioner’s report published today sets out a compelling case for making urgent improvements in children’s residential care. While it makes it clear that the majority of children who become victims of sexual exploitation are not in residential care, it is also clear that these young people are disproportionately at risk. The report highlights concerns about the quality and stability of placements in children’s homes. It draws particular attention to the large number of children who are placed a long way from their home area, and who can be at additional risk through such isolation. The Government accept the report’s recommendations about how to secure improvements and provide better safety and support in children’s homes. These concern, in particular, the responsibilities of local authorities in deciding to place a child in another area, and in responding if there are problems.

The Government also welcome the “Report from the Joint Inquiry into Children who Go Missing from Care”, issued on 18 June by the all-party parliamentary groups for runaway and missing children and adults and for looked-after children and care leavers. This emphasised the need to tackle failings in arrangements to safeguard these extremely vulnerable children and young people.

In the light of concerns raised by the Rochdale case about the safety of children in residential homes, Ofsted immediately brought forward for urgent inspection a number of homes where information received suggested some concern about the sexual exploitation of residents.

Ofsted’s new framework for the inspection of children’s homes, which was introduced in April this year, focuses more strongly on whether a home has taken action to implement recommendations in previous reports, and whether improvements are flowing through in consequence.

In addition, we are taking the following immediate action to respond to the recommendations in the reports from the deputy children’s commissioner and the all-party parliamentary groups:

Make sure that we have a clearer picture of how many children go missing from care and where they are by improving the quality and transparency of data;

Ensure children’s homes are properly protected and safely located by removing barriers in regulation so that Ofsted can share information about the location of children’s homes with the police, and other relevant bodies as appropriate;

Help children be located nearer to their local area by establishing a “task and finish group” to make recommendations by September on strengthening the regulatory framework on out-of-area placements. While there may be good reasons for placing a child or young person at some distance from their home area, it is difficult to accept that nearly half of all children in children’s homes benefit from such distant placements. Both reports are clear about the problems that can arise. We will consult on changes in the autumn.

Establish a further expert working group to look at the quality of children’s homes. This will review all aspects of the quality of provision in children’s homes, including the management of behaviour and the appropriate use of restraint, and the qualifications and skills of the work force. Too many children are still being placed in homes for short periods of time, and the care they receive can often fail to address the complexity of their needs. The group will consider the location and ownership of homes, local authority commissioning practices and arrangements to drive improvement. It will complete its work by December.

The actions we are announcing today underline the Government’s determination to tackle child sexual exploitation and protect our most vulnerable children.

The following documents will be available in the Libraries of both Houses:

Report on the emerging findings of the Office of the Children’s Commissioner’s inquiry into child sexual exploitation in gangs and groups,

Letter from Tim Loughton MP to Sue Berelowitz, deputy children’s commissioner,

Letter from Tim Loughton MP to Ann Coffey MP, chair of the APPG for runaway and missing children and adults,

“Tackling Child Sexual Exploitation Action Plan” progress report and step-by-step guide for frontline practitioners on what to do if a child is being sexually exploited.

Oral Answers to Questions

Tim Loughton Excerpts

Monday 18th June 2012 Commons Chamber

[Mr Marcus Jones (Nuneaton) (Con)]

11. What steps he is taking to reduce truancy in primary schools.

[The Parliamentary Under-Secretary of State for Education (Tim Loughton)]

In view of your earlier ruling, Mr Speaker, I shall limit my answer so that it focuses narrowly on Nuneaton’s truancy problems. The Government agreed with Charlie Taylor’s recent recommendation to focus on improving the attendance of vulnerable pupils in primary schools, to prevent patterns of poor attendance from developing. In response, we are reforming absence data collection to publish information on the attendance of four-year-olds. We are also tightening regulations on term-time holidays, so that they are authorised only in exceptional circumstances, and we have uprated the penalty fine levels for parents who shirk their responsibility to ensure that their children attend school.

[Mr Jones]

I thank the Minister for his response. Given the positive impact that parents’ involvement can have on their child’s education and attendance at school, what steps is he taking in addition to those that he has just mentioned to ensure that parents are encouraged and supported to become involved in that way?

[Tim Loughton]

This needs to involve a combination of rewards and penalties. New guidance will come into force next year, which will give head teachers the power to issue penalties, including penalty notices. In 2010, local authorities were responsible for bringing 11,757 attendance prosecutions when parents failed to ensure that their children attended school. Surely, however, the best incentive for parents is the knowledge that the very best start in life they can give their children is to ensure that they go to school on a regular basis.

[Helen Jones (Warrington North) (Lab)]

12. What steps he is taking to support the provision of better facilities for special needs education in Warrington.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Education (Tim Loughton)]

The Government have published an action plan for adoption, which aims to reduce delays in adoption by legislating to prevent local authorities from spending too long seeking a perfect adoptive match, by accelerating the assessment process for prospective adopters, and by making it easier for children to be fostered by their likely eventual adopters in certain circumstances. We have also introduced an adoption scorecard to focus attention on the issue of timeliness, linked to a tougher intervention regime.

[Nicky Morgan]

I thank the Minister for his reply. I have written to him twice about two constituents who have been trying desperately to be considered as adopters—not by Leicestershire county council, but by another midlands authority. This authority has consistently thrown up hurdle after hurdle—such as asking for health tests, and raising the issue of lack of child care experience. The latest hurdle involved the lady’s ex-husband and this meant disclosing her address to him because he was apparently needed to give a reference. These sorts of hurdles are only going to slow down the process, so will the Minister assure us all that those hurdles can be got rid of?

[Tim Loughton]

My hon. Friend raises some points that are all too common. I have been deluged with similar stories from other prospective adopters up and down the country. We need to make it absolutely clear that we absolutely welcome people who come forward because they are interested in offering a safe, loving and stable home for a child in care who needs to be adopted. The adoption scorecards have contextualised data on them so that we can see how well local authorities are welcoming, retaining and converting prospective adopters into actual adopters. That provides important evidence to make sure that every local authority welcomes adopters with open arms.

[Mr David Ruffley (Bury St Edmunds) (Con)]

15. What plans he has for changes to the national curriculum for English.

--- Later in debate ---

[Ann Coffey (Stockport) (Lab)]

On behalf of my parliamentary colleagues and the very brave young people who came to our inquiry and talked about their personal experience in care, I thank the Minister with responsibility for children for his positive response to our report on children missing from care. Does he agree that we need to take urgent action to improve a care system that is failing to protect and keep safe vulnerable children who run away and go missing?

[The Parliamentary Under-Secretary of State for Education (Tim Loughton)]

I am grateful to the hon. Lady for her comments, and I congratulate her on the first-class report, which was published today. I will speak about it more fully in about an hour and a half’s time, when it is officially launched. That report, together with the special expedited report from Sue Berelowitz, the deputy children’s commissioner, which my right hon. Friend the Secretary of State asked her to produce, will inform our progress report on the child sexual exploitation action plan, which we intend to publish in the next few weeks. That will contain urgent recommendations and details of action already under way to ensure that those vulnerable children are kept much safer than they are now.

[Julian Smith (Skipton and Ripon) (Con)]

T6. There have been recent complaints about the rigour and discipline of beauty therapy skills academies. Although the Minister may have had less time for a pedicure or manicure recently, will he confirm that he will bring rigour and discipline to beauty therapy skills academies, wherever possible?

[David Simpson (Upper Bann) (DUP)]

The Minister will be aware that in Amnesty International’s recent young human rights report 2012, young students had written pieces on child brides and on human trafficking. Does he agree that teachers have a key role in both challenging and inspiring pupils to take up such causes?

[Tim Loughton]

The hon. Gentleman is absolutely correct. He has rightly made that into something of a cause, because those offences against children are going on too much and under the radar. First, we need to ensure that they come out into the daylight of transparency so that we can see exactly what is going on. We need to inform children better, within and outwith schools, on what they should be sensitive to. We need to work with local safeguarding children boards and with others whose job is to ensure that all the agencies work together to ensure that children are kept safe from those unhappy practices that are going on too often.

[Several hon. Members]

rose—

Safeguarding Children

Tim Loughton Excerpts

Wednesday 13th June 2012 Commons Chamber

[The Parliamentary Under-Secretary of State for Education (Tim Loughton)]

Let me first say what a contrast to the previous debate this has been—calm and measured, and about important things that are affecting our constituents and vulnerable children around the country but do not get the airing that they should.

I congratulate the hon. Member for Liverpool, West Derby (Stephen Twigg) on using an opportunity such as this, as I always did in opposition, to try to flag up these really important issues, which are not terribly fashionable in the press or among some of our colleagues but are absolutely crucial to many of our most vulnerable citizens. It is absolutely right that we should do that. The hon. Gentleman raised, in a very measured way, a lot of important matters, most of which I covered in my two-hour grilling in front of the Education Select Committee yesterday, and many of which I will cover in my comments today. Let me pick up just a few of his points. I do not want to speak at length, because other people want to contribute to the debate and that is very important.

I very much appreciate the hon. Gentleman’s comments about Eileen Monro’s report, which was excellent. She had the time and space to come up with some very well-considered proposals instead of giving a knee-jerk reaction to the latest tragedy that had happened. Her report was universally well received. It is a great joy to me to be able to put into practice everything that she recommended. Some of the recommendations are a bit more problematic than others, and with some, just as she took time to consider them, we will take time to come up with the precise nature of the solutions.

The hon. Gentleman referred to the chief social worker. Before this debate, the Minister of State, Department of Health, my hon. Friend the Member for Sutton and Cheam (Paul Burstow), and I interviewed the four short-listed candidates; in fact, I gather that they interviewed us. There have been some very high-calibre candidates and we hope to be able to appoint that person shortly. I want them working alongside me and the Health Department as soon as possible. That key recommendation from Monro will make a big difference.

The hon. Gentleman also mentioned the family drug and alcohol court, which Nick Crichton runs. I have sat in it on many occasions. It is fantastic and a really smart way of dealing with very problematic cases. I want to see more of that rolled out. My own authority is looking at a joint venture with Brighton in east Sussex to see whether we can bring it to our part of the country, and there are other examples.

The hon. Gentleman hit the nail on the head when he praised Munro for wanting a child-centred system. The review was entitled, “The Child’s Journey”. We are all here not to make sure that the system works better or that processes are followed more efficiently, but to make sure that the qualitative outcomes—the impact that the system is having on children who need to be helped, safeguarded and put in a safe place—are improved. We often forgot that in the past, which has been one of the weaknesses.

The hon. Gentleman mentioned training. One of my continuous pushes is on continuous professional development, which he mentioned as well. It is crucial, which is why we put £80 million into social work reform in 2011-12, and why we have some good new social workers coming forward from other walks of life, as well as through training in our universities. We put £23 million into the local social work improvement fund in 2010-11 to support improvement on the front line. We have 3,700 newly qualified or first or second-year social workers who have joined the professional development programme. There are 400 extremely high-calibre people. I have met many of them. I am handing out awards to many of them from the Step Up to Social Work programme.

There is a great deal going on. Safeguarding children is not a partisan issue, but something that we all want to achieve, so I am grateful for the hon. Gentleman’s acknowledgement that a real momentum is building in efforts to make our children safer—although never completely safe. It is unrealistic, as Professor Munro pointed out, to suggest that we can remove risk and make every child absolutely safe. It would be complacent to think so. Our job in government and the job of those in opposition working with all the professionals around the country is to make children as safe as we possibly can.

[Mr Sheerman]

rose—

[Tim Loughton]

I give way to the former Chairman of the Select Committee.

[Mr Sheerman]

The Minister knows of my interest in the subject and I do not want to upset the apple cart or the bipartisan nature of the debate, but this is not the first such debate that the Secretary of State has not attended. There is a crisis facing children. All the evidence that we have received over the past months suggests that many vulnerable children are in a dreadful situation in our country. We need the leadership of the Secretary of State, to show that he is interested in children’s issues as well as in broader schools and education issues.

[Tim Loughton]

The Secretary of State is hugely engaged in the issue. I have been around the block a little longer than he has. Having been shadow Minister with responsibility for children, having dealt with safeguarding since 2003 and having been appointed to this position, I perhaps have a little more experience of the subject. When the current Secretary of State took up his position as shadow Secretary of State, his interest and his knowledge of serious case reviews on some safeguarding issues was extraordinary. He has driven the programme and enabled me and others to carry forward the proposals from Munro and others in the way we have. I remind the hon. Member for Huddersfield (Mr Sheerman) that the very first review that was established in the Department for Education under the new Secretary of State was the Munro review on child safeguarding. It was nothing to do with schools or education; it was on child safeguarding. That speaks volumes.

[Kevin Brennan (Cardiff West) (Lab)]

That is good to hear, but when both the Minister and his hon. Friend the Member for Devizes (Claire Perry) said that this debate was much more important than the previous one, is it not fair to point out that the Secretary of State chose to attend the beginning of the previous debate, but not to attend this debate?

[Tim Loughton]

I am sorry that we seem to be descending into the village frippery of the last debate. This debate was announced yesterday. My right hon. Friend the Secretary of State had to shift various engagements to attend the House earlier and is not able to attend this debate. He trusts me and my ministerial colleagues to speak about this issue from the Dispatch Box. He follows these issues very closely. The fact that he has put the resources of the Department into ensuring that we have safeguarding improvements that are working is the test of the commitment of this Government, this Secretary of State and this ministerial team to the subject in hand.

Let us get back to the important business of saying what we have done and responding to the points that have been made. I welcome this opportunity to debate safeguarding children. It is appropriate that we should have this debate now because, as the hon. Member for Liverpool, West Derby mentioned, only yesterday we launched a consultation on revised statutory guidance, as part of our wider proposals to reform radically the child protection system in England. It is radical reform, and it is also about changing mindsets.

Before I remind hon. Members of the action that the Government have taken to keep vulnerable children safe, I want to pay tribute, as I am sure we all do, to the many thousands of professionals, social workers and others around the country who work hard to do just that, for which they receive little recognition and praise in the media or among our constituents. I often refer to social workers as the fourth emergency service. That is not an overestimation. Our reforms are designed to help those professionals to get on with their jobs better and to keep vulnerable children safer.

Although it is essential to tackle poor practice, I believe that we can and should do a great deal more to celebrate successes and to support those on the front line when they use their professional judgment to take tough decisions. I have met many hundreds of social workers over the past few years and spent a whole week in Stockport as a social worker a little while ago. They have to exercise the judgment of Solomon, often on a daily basis. It is not an exact science. They have to make difficult judgment calls, and we expect them to do so as part of their daily job.

As many hon. Members will know, the widely welcomed review completed by Eileen Munro last year laid the groundwork for a new approach to child protection. As I have said, it was the first review that we established. We are rapidly turning its recommendations into practice. Professor Munro found that the system had become overwhelmed by prescriptive bureaucracy and box-ticking, and that social workers were spending too much time on form-filling and not enough with families and vulnerable children. Endless procedures had been imposed on professionals to minimise risk, even though it is fanciful to believe that we can wish danger and insecurity away simply by ticking the right boxes. As a result, the professionalism and judgment of frontline staff had been undermined. The most important thing—the central focus on the needs of children—had been largely lost.

The answer that Professor Munro proposed was simple: we need to get back to basics of best practice. We need to allow social workers to spend more time with children and families, getting to know and understand them and responding to their particular circumstances and needs. As she put it, we need to focus

“not only on whether we are doing things right but whether we are doing the right thing.”

We accepted Eileen Munro’s findings and have been acting on them. We are beginning to see the fruits of the change of emphasis. We are seeing greater flexibility, with eight local authorities, including Knowsley and Islington, testing new approaches to the assessment of children’s needs over the past year. We have given them the freedom, through a special dispensation, to set their own local frameworks and to replace rigid time scales with professional judgments based on the needs of each child.

The feedback from the trials has been encouraging. Social workers are telling us that greater flexibility leads to more quality time with children and families, and better assessments, particularly for families with the most complex needs. Many also feel an enhanced sense of ownership over their work. We are, I hope, restoring confidence to the social work profession, which had taken such a knock.

Local authorities are telling us that with greater freedom comes greater responsibility. They have been reporting back to us about the need to monitor cases robustly to prevent drift. We are seeing a greater practical emphasis on multi-agency working and a drive towards transparency, which is essential in improving services and strengthening public confidence in the work that they do. We are seeing a stronger focus on supervision, with social workers having more time with their managers to discuss complex cases.

I am also encouraged to see an emerging greater emphasis on learning, another key point that was mentioned by the hon. Member for Liverpool, West Derby. Increasingly, the sector is taking the lead in sharing lessons from good practice and from when things go wrong. We can learn from mistakes only if we understand how and why they happened, hence our policy on publishing serious case reviews, which I am delighted to hear the Opposition have now come around to. We are also considering how we can improve serious case reviews to make them more effective tools for learning lessons that are widely shared and that lead to action and sustainable improvements. That could not happen while only very limited executive summaries were in the public domain.

Yesterday, as the hon. Gentleman mentioned, we announced a further important step in our overhaul of the child protection system in England. It is a measure at the heart of the Munro recommendations: the revised “working together” strategy. That new statutory guidance for safeguarding children will help create a new culture of trust among health professionals, teachers, early years professionals, youth workers, police and social workers.

We have published three draft documents for consultation—and it will indeed be a consultation. Some of the points made by the Royal College of Paediatrics and Child Health, as well as others that the hon. Gentleman raised, absolutely need to be fed into that consultation. That was why we did not just plough ahead, much though Eileen Munro was urging us to do so. We want to get things right, just as she got her recommendations right. We want to ensure that we put them into practice in the right way so that they work properly.

Our three draft documents will replace more 700 pages of detailed instructions with 68 pages of short, precise guidance and checklists. They will be punchy but clear and give professionals space in which to exercise their professional judgment. The revised guidance proposes giving local areas more freedom to organise their services in a way that suits local needs. It will allow more face-to-face time with children and families, which is crucial, and provide a clear framework within which professionals must operate.

The first document, “Working Together to Safeguard Children”, clearly states the law so that all organisations know what they and others must do to protect children. It does not tell GPs and other health professionals, teachers, police and social workers exactly how to do their job, but it provides a checklist setting out their duties and what is expected of them. It also sets out how the role and impact of local safeguarding children boards can be strengthened. As the hon. Gentleman said, they are crucial to the reforms, and they play an absolutely vital role in holding local agencies to account and getting all the key players around the same table and talking the same language.

The second document is new guidance on undertaking assessments of children in need. Informed by evidence from the eight trial local authorities, it proposes replacing nationally prescribed timetables with a more flexible approach. That approach will be focused, as it should be, on the needs of each child. It will absolutely do what the motion asks for—it will put the child’s needs, rather than compliance with inflexible time scales and recording processes, at the centre of assessment.

The third document is new guidance on learning and improvement, to help all services learn the lessons from serious case reviews. It comes from our strong belief that serious case reviews need to be much more strongly focused on learning, rather than process, and that the reports must be published so that lessons can be shared nationally and locally. In those reviews, we need to get to the heart of what went wrong and what action at what point by which individual led to a decision being made that might have contributed to a tragedy.

The approach behind those three new documents has rightly been welcomed. Professor Munro has said:

“We are finally moving away from the defensive rule-bound culture that has been so problematic. I believe an urgent culture change in our child protection system is now underway.”

Anne Marie Carrie, the chief executive of Barnardo’s, has said:

“We support changing the emphasis within the system to enable professionals to take responsibility for safeguarding the welfare of the most vulnerable children.”

[Ian Mearns]

At the same time as doing the work that he is undertaking to do, has the Minister given any additional thought to updating the legal definition of neglect? I believe that next year is the 80th anniversary of that definition as it is currently enshrined in law.

[Tim Loughton]

We had this conversation yesterday in the Select Committee on Education, of course, and I said that in response to the Action for Children report we had examined closely whether there needed to be an update to the law, which goes back to the 1933 definition. We were strongly advised that we did not need to change the law, which the courts and children’s services are interpreting in a contemporary way. As I was speaking yesterday, we were putting on the website a neglect toolkit, designed with Action for Children and the university of Stirling. It includes some practical tools for detecting, intervening and dealing with cases of neglect. That is a much more practical way to achieve real results now.

Revising statutory guidance is clearly not the only thing we need to do—far from it. The consultation forms part of a much wider programme of reforms that includes Ofsted’s new inspection framework, which began in May 2012 and has a stronger focus on the quality of practice and the effectiveness of help provided to children. It is much more children-centred. From June 2013, the planned new joint inspections will make a further important difference by looking at the contribution of all local agencies to keeping children safe. We are reforming inspection so that it makes judgments about the things that really matter, and so that it looks at how agencies work together to safeguard children more from the perspective of the qualitative outcomes for the child.

[Laura Sandys (South Thanet) (Con)]

Does my hon. Friend agree that moving looked-after children from one local authority to another creates greater difficulty, namely ensuring that case notes are transferred and that the conversation between the different agencies is sustained? When children are moved, their longer-term safety is eroded because of the distance and lack of contact between the source local authority and the receiving one.

[Tim Loughton]

My hon. Friend knows exactly what I think about that—we have discussed it at length. She has become something of expert in this matter because it is an issue in her constituency, as it is in mine. As a result of her approaches and events in Rochdale and other alarming cases, we will announce shortly, as I told the Committee yesterday, the results of the additional work done by the Deputy Children’s Commissioner on how we ensure that children are placed out of area only when appropriate, and when they can be safely and appropriately looked after. That should happen at the moment, but it does not in practice. The sufficiency principle, which we have overhauled once, needs more work. I will be happy to make those announcements in detail within the next few weeks, because this is a serious matter.

I want to get to the end of this speech so that other hon. Members can contribute, so I am going to talk fast, as I often do. The motion calls for early intervention programmes

“to be promoted on the best available evidence”.

We know that the earlier help is given to vulnerable children and families, the more chance there is of turning lives around and protecting children from harm. We are therefore continuing to work with children’s services, police and the NHS to shift the focus on to earlier intervention and early help.

[Andrea Leadsom (South Northamptonshire) (Con)]

Will my hon. Friend give way?

[Tim Loughton]

I was trying to get on, but I will be delighted to give way to my hon. Friend in a moment.

We know that continuing such work will help to tackle childhood neglect, which is the most common category of abuse under which children become the subject of child protection plans.

[Andrea Leadsom]

I am so grateful to my hon. Friend. I just want to be helpful. Does he agree that having more early prevention programmes—including, for example, psychotherapists to whom social workers could on-refer—would help to back-solve the problem of the overloading of social workers and health visitors? If we had such programmes, social workers and health visitors would have somebody who could deal with the problems, support them and enable them to release some of the burden of their case load.

[Tim Loughton]

I have known my hon. Friend for more than 30 years and she has never been anything but helpful. Her work on early prevention, which is germane to the Government’s work on neglect and early help, absolutely confirms that the sooner we can detect problems, such as detachment, deficiency and others—the work with troubled families is important in this respect—the more likely we are to step in at an appropriate time and in an appropriate manner to avoid such problems leading to greater harm to a child. She is absolutely right, as she knows, and as she knows I know.

Understanding families and the experiences of children within them can be complex and signs of what appears to be low-level neglect can be misleading. Yesterday, as I have said, we published materials commissioned from Action for Children and the University of Stirling to help on that.

We are already seeing some notable successes from earlier intervention. I again pay tribute to the hon. Member for Nottingham North (Mr Allen), who is no longer in the Chamber, for his work on that. For example, the integrated access team in Suffolk is taking and handling quickly cases that would previously have been dealt with by children’s social care, with a £7 million saving on top of better social outcomes for those children. Tower Hamlets is operating a multi-agency integrated pathway and support team to deliver early help, reducing by 50% the number of referrals to children’s social care. That is happening in practice, and we now want more of it around the country.

As the motion indicates, it is important that professionals know what early intervention works best. To support them in that, the Government have recently invited bids for the establishment of an early intervention foundation and we expect the foundation to operate independently of central Government to support the needs of local commissioners and to build a solid evidence base.

I referred at the start of my speech to the importance of a high quality social work work force. Building on the work of the social work taskforce established by the previous Administration, we have focused heavily on improving the capacity and capability of the social work profession. In 2011-12 we invested £80 million in a national programme of social work reform to improve skills for social workers and tackle high vacancy rates in child protection. Together, all those reforms will shift the child protection system from a culture of compliance to a culture in which children and families are at the centre and social workers and other key professionals spend less time in front of their computer screens and more time face to face with vulnerable families and children, which is what we all want to see.

The motion rightly refers to the importance of young people understanding the risks of abuse and sexual exploitation. Tackling child sexual exploitation is a major priority for the Government and it has been at the top of our agenda over the past 12 months. Back in May last year, I made a speech at a Barnardo’s event in which I highlighted the importance of its “Puppet on a string” report. I said then that sexual exploitation of children

“is happening here and it is happening now”

and I went on to say that

“I think it’s a much bigger problem than it may appear now on our radar.”

I fear I was only too right and that we are seeing only the tip of the iceberg.

For far too long, the issue was something of a taboo in this country. It was little spoken about, little appreciated and little acknowledged or dealt with. Few local authorities had much idea about how prevalent child sexual exploitation was in their areas and, as a result, there was a real and tragic failure to grasp the scale of the problem. The high profile verdicts in the recent Rochdale case and others show that the situation is changing. The country is at last waking up to the fact that child sexual exploitation is a real problem in this country, but although the issue has been extensively discussed and debated in the media, there is still a good deal of misunderstanding about it.

Much of the coverage of the case in Rochdale focused on the fact that the perpetrators were British Asian men and the victims white teenage girls. We must not shy away from difficult issues about culture—I have said that on many occasions—and the Rochdale case does raise very troubling questions about the attitude of the perpetrators, all but one of whom were from Pakistani backgrounds, towards white girls, but it would be mistaken, and dangerous, to assume that that is the form that child sexual exploitation generally takes. We know that perpetrators of that appalling crime and their victims can be found in all backgrounds, in all parts of the country and in all social and ethnic sets. As Sue Berelowitz, the Deputy Children’s Commissioner, told the Select Committee on Home Affairs yesterday, this is not just a crime that takes place in northern metropolitan boroughs. She quoted a police officer from a

“lovely, leafy, rural part of the country”

who told her that

“there isn’t a town, village or hamlet in which children are not being sexually exploited”.

We owe a debt of gratitude to several organisations and individuals for putting the issue on the map, such as Safe and Sound Derby and, in particular, Sheila Taylor, to whom I pay tribute. Barnardo’s also did an enormous amount to raise awareness through its excellent report and its continuing “Cut them free” campaign. The Child Exploitation and Online Protection Centre carried out a major assessment last year and reported practitioners telling it

“if you lift the stone, you’ll find it”.

There are many others, including many local projects and voluntary organisations, with whom my Department continues to work closely. We acted, I brought together all the major players and in November of last year we produced the tackling child sexual exploitation action plan. That is one of the pieces of work in my Department of which I am most proud, and it is beginning to have an effect. It is intended to lift the lid on the true nature and extent of this crime and to set out practical responses to it, and as a result many practical measures are already coming into force, although we need many more to take effect.

We identified four key stages where we needed better intervention. We need better awareness among children and their parents. We need better multi-agency action to intervene so that we can help children and families who are caught up in sexual exploitation. Once they have been rescued from it, we need to help them get their lives back on track. Finally, we must secure robust prosecutions and improve court processes to ensure support for victims and their families, including ensuring that we do not retraumatise teenage girls and other victims, who have to go through the whole episode in court in front of a phalanx of defence barristers. That is why the Attorney-General’s influence and involvement are really important. We must and can do better and shortly we will publish a progress report on how a range of Government Departments and national and local organisations are implementing the action plan.

Hon. Members will also be aware that last month the Secretary of State asked the Deputy Children’s Commissioner to provide him with an accelerated report from her office’s inquiry into child sexual exploitation in gangs and groups. Although it is clear that most children who are sexually exploited are not in care, we know that children who are in care are disproportionately represented in the numbers of victims of this crime. The Secretary of State asked particularly for recommendations on how to keep children in care homes safe from this abuse. We have just received that accelerated report, and we will publish it within a matter of weeks alongside the updated progress report, into which some of the findings from Sue Berelowitz’s report will be factored and, as a result, some urgent streams of work will emerge.

We are already taking action on children missing from care, and it is clear that the figures the police and my Department publish are not consistent. That is simply not acceptable. We are now working with the police and local authorities to bring a more consistent approach to figures collected nationally and locally. We need to know the extent of the problem so we can challenge poorly performing local authorities and come up with the right solutions.

I am particularly grateful for the work the hon. Member for Stockport (Ann Coffey) is carrying out through the all-party parliamentary group inquiry into children missing from care. I look forward to receiving its report next week and will consider its recommendations very closely. I have promised that it will inform the new guidance we are looking to publish in that area.

Of course, safeguarding children in care is only one aspect of our wider reform programme to transform the care system and improve outcomes for the most vulnerable children. Key is ensuring placement stability and good parenting—as we have heard from hon. Members today—whether through adoption, foster care or children’s homes. We also want to improve the support given to care leavers, another group vulnerable to sexual exploitation. We must ensure that children who leave care live in good accommodation and are well supported.

The reference in the motion to multi-agency working has a particular relevance in relation to tackling child sexual exploitation. Local safeguarding children boards have an absolutely central role in overseeing much of the work set out in our action plan. There is growing evidence that LSCBs and local authorities are getting a better picture of child sexual exploitation in their areas and taking steps to address it. But it is clear that some are still not giving this issue the priority it requires. They need to do so without further delay.

There is one final area that I want to mention in particular. Improving the safety of children who use the internet is an urgent priority, including reducing the risk of harm through contact with strangers and the viewing of harmful content. The hon. Member for Liverpool, West Derby mentioned a particularly horrific site that was raised yesterday. The Government are working, through the UK Council for Child Internet Safety or UKCCIS, which I chair jointly with a Home Office Minister, to help to keep children and young people safer online. The council is focused on practical action, both by individual members, and collectively.

We have made real progress across a number of areas. The four major internet service providers have signed a code of practice that will see by October 2012 all new broadband customers presented with an unavoidable choice of whether to activate parental controls. Major retailers and manufacturers of internet-enabled devices such as mobile phones, laptops and internet-enabled TVs are developing solutions to increase the availability and awareness of parental controls at point of sale. UKCCIS has also published advice and guidance for internet companies to use so that parents get consistent information about keeping their children safe on the internet.

In conclusion—

[Mrs Jenny Chapman (Darlington) (Lab)]

Will the Minister give way?

[Tim Loughton]

All right, but I am really trying to finish.

[Mrs Chapman]

I am grateful to the Minister for giving way. I hesitated to intervene, given the speed at which he was going, but I did not want to miss the chance to raise with him a very real concern for people in Darlington about registered sex offenders. At the moment, offenders are not required to register their online identities as a matter of course. Sexual offences prevention orders are used to do this job, but it is not a requirement as a matter of course. When people have a known history of child abuse and deliberate grooming, it is very important that they are required to register their online identities as a matter of course.

[Tim Loughton]

The hon. Lady makes a very important point. Rather than go into detail now and take more time from Back Benchers, I would be happy to look into it if she would like to have a conversation with me and send me some details.

This is a huge, complex but deeply important subject and one that must remain a key priority for the Government and the Department in particular. The documents we published yesterday are intended to help create the new culture that we are determined to see. It is a culture that is not overly focused on compliance and dependency on central prescription and guidance; in which front-line professionals who work to keep children safe from harm no longer have their judgment stifled by what has all too often been pointless—albeit well intentioned—bureaucracy, made up of unnecessary rules and targets; and which has the needs and well-being of the child at its centre. It is apparent from the motion that the Government and the Opposition share the same goals in relation to the safeguarding of children, and I believe that the important reforms I have outlined will be welcomed by hon. Members on both sides of the House. I congratulate again the shadow Secretary of State on bringing this important subject before a slightly reduced audience in the Chamber today, because it is really important to a much bigger audience outside the House.

[Several hon. Members]

rose—

Child Protection

Tim Loughton Excerpts

Tuesday 12th June 2012 Written Statements

[The Parliamentary Under-Secretary of State for Education (Tim Loughton)]

Today I am launching a consultation on proposals to reform radically the child protection system. We are seeking to move away from a culture of compliance to one which places trust in front-line professionals and allows them to carry out their vital work, without being hampered by unnecessary rules and targets. The three draft documents published today will help create such a culture by replacing overly prescriptive manuals with short, precise guidance and checklists clearly setting out roles and responsibilities.

Professor Munro’s final report, “A child-centred system”, concluded that over the years the child protection system has become overly focused on compliance and dependency on central prescription and guidance. This consultation on “Working Together to Safeguard Children; Managing individual cases: the Framework for the Assessment of Children in Need and their Families” and “Guidance on Learning and Improvement” proposes to replace over 700 pages of detailed instructions with concise, clear guidance. It places trust in health professionals, teachers, early years professionals, youth workers, police and social workers and gives them the space to exercise their judgment.

This revised guidance proposes to give local areas more freedom to organise their services in a way that suits local needs and will allow more face-to-face time with children and families. It provides a clear framework within which professionals must operate.

The revised “Working Together to Safeguard Children” guidance sets out the “must dos” and makes the statutory requirements clear for all organisations.

The revised guidance “Managing individual cases: the Framework for the Assessment of Children in Need and their Families” sets out a framework for managing individual cases when there are concerns about a child’s safety. Informed by evidence from eight local authorities which have been trialing more flexible approaches to assessing the needs of children, this guidance proposes to replace nationally prescribed time scales for assessment with locally agreed frameworks. The guidance puts the child’s needs, rather than compliance with inflexible time scales and recording processes, at the centre of assessment.

This Government are clear that serious case reviews (SCRs) need to be much more strongly focused on learning, rather than process, and that SCR reports should be published. Our proposed “Statutory Guidance on Learning and Improvement” proposes changes so that SCRs get to the heart of what happened in a particular case and why, and what improvements need to be made to help reduce the risk of similar tragedies in the future.

In parallel with this consultation, I am also publishing the new “Children’s Safeguarding Performance Information Framework” along with the Government response to the full public consultation. This framework is intended to move the focus of the child protection system from processes and indicators towards performance measures that improve professional understanding and drive improvements.

Today’s consultation forms part of our wider programme of reforms. These include Ofsted’s new inspection framework which began in May 2012 with a stronger focus on the quality of practice and the effectiveness of help provided to children, including early help to provide support to children and families as soon as a problem emerges in their lives.

We are also continuing to work with children’s services, police and the NHS to shift the focus on to earlier intervention, recognising that the earlier that help is given to vulnerable children and families, the more chance there is of turning lives around and protecting children from harm.

In addition, in 2011-12 we invested £80 million in a national programme of social work reform, to improve skill levels for social workers and tackle high vacancy rates in child protection. We are improving the social work degree and developing further the skills of existing social workers in critical areas such as child protection. We are well on the way with recruiting the first chief social worker for England, who will work with the new College of Social Work and the newly designated Principal Child and Family Social Workers in local authorities to drive improvement and raise standards.

Together these reforms will shift the child protection system from a culture of compliance to one where children and families are at the centre.

Copies of the consultation documents “Working Together to Safeguard Children, Managing individual cases: the Framework for the Assessment of Children in Need and their Families” and “Statutory Guidance on Learning and Improvement” have been placed in the House Libraries.

Children Who Perform

Tim Loughton Excerpts

Thursday 24th May 2012 Written Statements

[The Parliamentary Under-Secretary of State for Education (Tim Loughton)]

Today I am launching a consultation on proposals to update the legislation to protect children who take part in performances and related activities.

We want to increase the opportunities for children to take part in activities that they enjoy and can benefit from. The current legislation is nearly 50 years old. The rules are detailed and hard to relate to modern-day activities. This makes it difficult for parents and producers to understand what is required of them, and for local authorities to process approvals efficiently and consistently. We intend to get rid of unnecessary bureaucracy and put in place an appropriate framework that helps keep children safe while allowing them greater opportunity to have fun, to learn, and to explore and develop their talents.

This is a joint consultation with the Welsh Government. A copy of the consultation document “Safeguarding children: proposed changes to child performance legislation” has been placed in the Libraries of both Houses.

Sexting and Sexual Grooming

Tim Loughton Excerpts

Wednesday 25th April 2012 Westminster Hall

[The Parliamentary Under-Secretary of State for Education (Tim Loughton)]

Mr Caton, it is a pleasure to serve under your chairmanship, and to congratulate the hon. Member for Stockport (Ann Coffey) on securing the debate—not just because it is traditional to do so, but because of her continuing work on child safeguarding, whether online or in relation to more conventional forms of abuse of children, if I can call put it like that. She has helped me and the Department with work on child sexual exploitation. The debate is part of raising awareness of the whole subject, and her work has also given rise to a useful article in The Independent today.

As the hon. Lady knows, there is no silver bullet to deal with the issues. She was right about the unprecedented access to global communications that is now available— stuff that she and I were never used to as children. It is a good thing, but it brings risks. That is why the UK Council for Child Internet Safety and others are working to bring about a big, joined-up approach. Technology will always be one step ahead, and we must make sure that there are as many safeguards as possible, at as many danger points as possible. I am therefore very grateful to the hon. Lady for her part in that work, and her kind comments about what we are trying to achieve. We share the same goals.

The debate is topical, as the press has been full of headlines about child online safety, and I reiterate the welcome to last week’s report headed up by my hon. Friend the Member for Devizes (Claire Perry). I am sure that the debate will help us to keep the issue on the radar and provide an opportunity to show what progress is being made—and there is progress, even though it may not be as visible as the hon. Member for Stockport and I might want. However, the use of technology to groom children, not least through the internet—and through social networking in particular—has become an increasing cause for concern in recent years. As we are all beginning to recognise, there are close links between the issue of missing children—on which, again, the hon. Lady is something of a House expert—and the grooming of young people for sexual exploitation.

The Government have understood those links, as the hon. Lady said, and recognise that this must be treated as a strong priority. That is reflected in our new missing children and adults strategy, and the Government’s action plan on tackling child sexual exploitation, both of which highlight the vulnerabilities of missing children and young people. It is important that there is a joined-up Government approach. Perhaps I should have pointed out earlier that normally one of my colleagues from the Home Office would have replied to the debate today. They were not able to do that, but I am rather happier that I could do it, because the Home Office and the Department for Education in particular work closely together. We co-chair UKCCIS, as the hon. Lady knows, to make sure that we have a joined-up approach, and the present situation shows how interchangeable the arrangement is.

In addition, the concept of peer-to-peer sexting is now raising its head and can have far-reaching consequences that need to be addressed. The hon. Lady mentioned sexting, doxing and all sorts of other terms that I am somewhat familiar with as the father to three teenage children who regularly have to be surgically removed from their mobile and other IT devices. I see the situation first-hand, and I am sure that the hon. Lady does, too. I assure her and all hon. Members that the Government take seriously our responsibility to ensure that the response in all areas of child protection and safeguarding is as effective as possible, and that it will always be a priority for the Government.

The hon. Lady mentioned the Child Exploitation and Online Protection Centre, which is a beacon. CEOP continues to play a crucial role in ensuring that children are safeguarded, and I pay tribute to its head, Peter Davies. Of course, we should encourage young people to use technology, but it is important that they are made aware of the dangers involved—as should their parents, teachers and others around them. We need to continue to raise awareness of the risks and to educate young people about staying safe online and offline, and about the use of mobile technology—particularly the sharing of images of themselves and others.

Young people increasingly use technology not only to stay in touch but to explore things such as sex and to push the boundaries in what they send and to whom they send it. Early intervention needs to be part of the solution if we are to educate young people, teachers and families about the consequences of their actions and how to keep children and young people safe. It is now so easy to send pictures instantly, via e-mails and texts, and on Twitter and through other social networking sites, that there are instances of boys or girls sending sexual images of themselves to others without any regard for the consequences. Those behaviours are often implicated in patterns of bullying, as the hon. Lady said, with messages and images being elicited in a coercive context, used as blackmail or circulated beyond the intended recipient. Just because that is technologically easy to do, and the victim may not be standing in front of the person concerned at the time, does not mean it is the right thing to do.

Sexting is becoming increasingly part of the mobile phone-related child protection context, with many children on the receiving end of sexting or sexual bullying. The trend of sharing sexual content by mobile phone can also be extremely abusive, and can have a devastating impact on the children affected. The use of technology has facilitated that exchange, which can make a young person feel very uncomfortable and potentially lead to harassment. Such young people often find out later that the image has been passed on to others and, as a result, they leave themselves open to the risk of becoming the victims of bullying, harassment or, worse still, sexual exploitation. There is a clear link there. The CEOP threat assessment for 2011-12 sets out six high-priority threats to children and young people, and includes a focus on addressing behaviours by which children put themselves at risk.

I have found the hon. Lady’s remarks helpful. There is little to disagree with. Having listened to her, I am no less convinced that this issue, like that of missing children and child sexual exploitation in general, is one where greater co-operation and collaboration between all the agencies involved is vital. I am dedicated to promoting that. I recognise her concerns about sexting; we know from a recent Beat Bullying report that more and more children and young people are receiving sexually explicit texts or e-mails and offensive sexual images and that a high percentage of them know the identity of the aggressors, the majority of whom are their peers.

I agree wholeheartedly with what the hon. Lady said about the criminalisation of children. A child may be committing a criminal offence if they share photographs of the type in question, but they would not be automatically criminalised. The prosecuting authorities would take the circumstances of each case into account, including in particular the nature of the photographs, the age and maturity of the children involved and any evidence of coercion or exploitation. However, if a person is over 16 and is sending a picture of someone who is under the age of 16, they are breaking the law and will be prosecuted on that basis.

Generally, internet service providers take a responsible approach to the content they host, both of their own volition and in co-operation with law enforcement and Government agencies. Where the industry is advised that the content it hosts in the UK contravenes legislation, it will readily remove it. We need to do more to ensure that it is more immediately removed. There is a clear line of communication between the offended party—parents or others—who sees this material and the people with responsibility for controlling and eliminating it.

The Child Exploitation and Online Protection Centre has, through its education awareness and skills work stream, developed a specific educational resource to tackle this very issue. The hon. Lady mentioned this resource, which is for use in the classroom by teachers and forms part of CEOP’s Thinkuknow campaign. This is designed to reduce the harm caused to children through the misuse of technology to sexually abuse or exploit them. The resource includes the video “Exposed”, a 10-minute drama dealing with sexting and cyber-bullying designed for 14 to 18-year-olds. Its messages include, “Always think before you send or share. Think about how it will affect others and yourself. Remember that pictures you take and send may become public and permanent and the police may get involved.” Once something is on the internet, it may be there indefinitely. It may come back to haunt the person involved.

The messages continue, “If you need someone to talk to, you can call ChildLine.” I take the hon. Lady’s point about the importance of some of our helplines, especially ChildLine, in which the Government invest a lot of taxpayers’ money. There is also the opportunity for commercial companies to make their contribution, which will be greatly welcomed—The messages continue, whether with or without tax relief is another matter. “Thinkuknow and the Safer Internet Centre can also offer tips and advice. If you need to make a report, report directly to ClickCeop.”

The UK Council on Child Internet Safety, which I co-chair, works to improve the awareness and understanding of parents, children and teachers regarding online safety. That includes educating children and young people about the implications of their online behaviour and the digital footprint that they leave, particularly where information or images of an extremely personal nature are concerned.

Important work was undertaken earlier this year: CEOP led in the creation of UKCCIS advice. That advice is designed for use by those who provide internet services used by children, for example Facebook and Microsoft. The advice has a section on sharing information, which explains the impact that sharing an image can have, such as losing control and ownership of it. Organisations such as Facebook and Microsoft, which are engaged with UKCCIS, ensure that the messages that they carry on their services are in line with this advice, so that whichever service young people use, they receive clear and consistent messages about positive online behaviour and what to do if they need help.

Ofcom’s children’s media literacy tracker data reveal that one third of children aged between 12 and 15 have a smartphone that can access the internet; and 38% of nine to 12-year-olds have a social networking profile. People know that to have a Facebook page, a child must be at least 13, but that cannot be legally enforced. We know—and I know from personal experience—that younger children are tempted to set up a Facebook site and get involved with social media. I also know that in too many cases they do that aided and abetted by parents. It is not just a question of giving the information to parents, but making sure that parents are acting responsibly on behalf of their children. That is why education is such a joined-up exercise. To educate the parents, we need to say, “Would you really want your child having access to this sort of dangerous content or the ability to be the victim of sexting and other such things?” We also need to teach children at school and at other places about the hazards of all this and ensure that teachers are fully engaged, too.

UKCCIS is aware that children are using the internet at an earlier age and that the internet is increasingly mobile. Children use their mobile phones not only to text but to access the internet and social networks. Mobiles are a particular focus of current UKCCIS work.

Later today, I am chairing a round-table meeting of mobile phone manufacturers, retailers, network operators and software manufacturers to discuss how they can offer better parental controls and choices to parents and give clear online safety information to parents and children. Good practice is happening already. I have here a selection of leaflets that are issued by some of the mobile operators and retailers, and I want to see more of this. I want them to be more child and parent-friendly, and for them to be standard and unavoidably attached to mobile phones before they are switched on. That is not rocket science. We are moving in the right direction, but I want it to move faster and in a more comprehensive manner.

The mobile phone sector is aware of the need to signpost to ChildLine if a child is upset. For example, Carphone Warehouse has a leaflet about safe internet use that is given to parents. It includes reference to sexting and signposts to ChildLine. Everything Everywhere has produced an internet safety leaflet distributed via Orange. “Orange, a guide for parents” warns against sending bullying images. More is also being done to encourage retail environments to highlight internet safety issues: Tesco is looking to train phone shop staff; Dixons carries internet safety messages on receipt wallets; and John Lewis is also engaged in this area.

On the board of UKCCIS are BT, 02, BlackBerry and Samsung. None the less, I agree that there is scope for stepping up our efforts through UKCCIS to encourage mobile phone operators and the retail industry to play a greater part in publicising the dangers of sexting. The hon. Lady mentioned the idea of having adverts, which is a perfectly reasonable way of communicating that message. I will use many of her points to challenge the people at the round-table discussion later today and will happily report back to her later.

I am clear that more can and should be done to address this issue and to educate our children about the risks they face if they get involved in or receive this type of communication. Work continues across the Government and national and local agencies to improve and ensure that our response is robust, and that includes more generally on tackling child sexual exploitation. At the local level, agencies who work with children and young people need to be aware of the signs that show that young people are being groomed for sexual exploitation and to know how to intervene in an appropriate way. Such agencies include the police, children’s services, parents and voluntary groups. The hon. Lady mentioned the local safeguarding children’s boards, and yes, this issue should be on their radar as well as other safeguarding against sexual exploitation issues.

At the national level, I am taking the Government lead on tackling child sexual exploitation. I have led in the development of an action plan to safeguard children and young people caught up in this form of child abuse, and the hon. Lady has been a part of that, for which I am grateful.

I hope that I have provided some reassurance that the Government are absolutely committed to protecting children and to tackling the challenges in this area. We are not complacent and recognise that we need to keep under review all aspects of our work to tackle grooming in all its forms. We are all determined to do everything we can to protect children in our communities, while allowing them space and room to develop and enjoy technologies in safe and responsible ways.

I repeat my thanks to the hon. Lady for securing this debate, for further raising the profile of the issue and for her ongoing helpful and constructive engagement with me and the Government to promote the common goal of ensuring that all our children are safer online.