Children and Social Work Bill [Lords]

Debate between Tim Loughton and Carol Monaghan

2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons & Ways and Means resolution: House of Commons
Monday 5th December 2016 Commons Chamber

[Tim Loughton]

Funding is, of course, part of this, but we can do a lot better with existing funds, although the National Audit Office report showed that funding on vulnerable children had gone up as well. But what was not working properly is when social workers were spending, through the integrated children’s system and other very bureaucratic systems, up to 80% of their time in front of a computer filling in forms to do with child protection, rather than getting out there and dealing with children face to face. That was a huge waste of resources, but more importantly a huge waste of opportunities to deal more effectively and early on with children, who really did need to have the support, and often intervention, of professional services and social workers in particular.

Despite all these innovations, we still need to do an awful lot better for vulnerable children, children in the care system and our care leavers. It is a fact that 40%—almost half—of our care leavers aged 19 to 21 are classed as not in education, employment or training, and 4% of them are in custody. Two thirds of children in the care system have special educational needs, almost half of them with a diagnosable mental disorder. The percentage for the educational achievement of children achieving A* to C GCSEs is still in its teens, compared with its peer population now with over 60% achieving those grades.

I particularly welcome some of the Bill’s corporate parenting principles— although it will be interesting to see how they work in practice—that apply to physical and mental health, which is so important. Although this Government have again done a lot to raise the profile of mental health, particularly among children and young people, and have injected a further £1.4 billion into that area, the problem is that not nearly enough of it—and that is not enough in itself—is getting through to the frontline, to help the children and young people who so desperately need it, when they need it and where they need it.

These are challenging times. The NAO report on children in need of protection, to which various hon. Members have already referred, flagged up some worrying observations. Too often the way we look after vulnerable children is a postcode lottery. We are still very poor at sharing best practice in this country, yet a child in need, a child in care and a child in desperate need of protection should be dealt with no differently whether they are in Durham, Worthing, Exeter or anywhere else throughout the United Kingdom.

There was a surge following the horrific case of Baby Peter, but the number of children coming into the care system continues to rise: there are now in excess of 70,000 children in the care system in England—the highest since 1985, when the environment in respect of why children tended to come into the care system was very different. I do not know whether we need to take more children into care, or fewer, but I do know that we need to take the right children into care at the right time, and give them the right support and services if they cannot be supported living with their families or other kinship carers.

Another thing I am very proud of is the Government’s initiative on promoting adoption, which had fallen into neglect, frankly, after the good work done in the Adoption and Children Act 2002. The adoption figures have started to fall back considerably and there is still a very big grey space following the Munby judgment. But that should not have happened, because those adoption reforms were about bringing forward an easier system for adopters to offer their services and for children to go through all the hoops. There were too many hoops and it took too long for children to get adopted. We needed to bring onside not only those involved in adoption at the local authority level, which largely we did, but, contemporaneously and in sympathy, those in the legal profession, as many judges felt put upon, in that they were being told how to run cases in their courts. I am afraid that the Government have failed to do that and should not therefore be surprised by the disappointing reversal in the adoption figures, which I hope will be reversed again, because adoption does offer the best chance at a second childhood—a second possibility of being brought up in a safe and loving family—for a lot of children who still do not get that chance and are still in the care system.

[Carol Monaghan (Glasgow North West) (SNP)]

Does the hon. Gentleman share my concern that although many younger children are being adopted, it is far more difficult to place older children? We need to do more to promote the benefits to those children of adoption at a later age.

[Tim Loughton]

The hon. Lady is right about that, but shiny, squeaky new babies have always been much more attractive to people who want to adopt than problematic teenagers who have been through all the trials and tribulations of broken families—perhaps abuse, neglect, mental health problems and behavioural disorders—and have been pushed from pillar to post in the care system. Those are the children we have most let down, which is one reason why the introduction of adoption scorecards was based not just on improving the number of children adopted, but on concentrating on those harder-to-adopt children: older children; large sibling groups; and children from black and minority ethnic communities. Too often these children were at the back of the adoption queue. I am glad to say that in recent years disproportionately they have found themselves more likely to get adopted than they were before. This is still not enough and there remains a lot to be done, but that was absolutely the right focus to bring in over the past few years.

Another thing I am concerned about is that despite all the good work the Government did on paralleling the kraamzorg system for health visitors in Holland, we have lost 722 health visitors since January and there has been a 13% decrease in the number of school nurses since 2010. They are really important people in early intervention—in identifying children with problems, and those for whom the support of social services and other caring services is essential, sooner rather than later.

Of course, I am also worried by the recent rise, again, in social worker vacancy rates in many authorities around the country, and too often the positions are taken by temporary social workers. Social work, particularly when dealing with child protection, is an area where staff need to forge empathetic relationships with those vulnerable children and families whom they are there to look after. Being pushed from pillar to post, from one home to another, from one social worker to another reviewing officer—or whoever it may be—only accentuates the instability and vulnerability of those children.

I worry when, even in this place, we are still too quick to point the finger of blame at the social workers because a child has been brutally assaulted or killed, as still happens in too many cases, by their carer, parent or close relative. We hear the talk of “wilful neglect”. There are social workers who are not doing their job properly, and there are social workers who are not up to the job and should not be in social work, and they should be removed from it, but they are a small minority. We should not make the rest of our excellent, hard-working, dedicated social worker force feel constantly that they are the ones to blame for many of these tragedies. We have to up everybody’s game, but they are part of the solution; in the vast majority of cases, they are not part of the problem.

It is odd therefore that at the heart of the original Bill, since eviscerated of clauses 29 to 33, which it would seem are about to make an unfortunate reappearance, were radical new proposals supposedly to test new ways of working, under the guise of promoting innovation. As I said earlier, the clauses were not remotely welcomed by the vast majority of people who are involved in the whole field of child protection. They were opposed by the British Association of Social Workers, the Care Leavers Association, the Children’s Rights Alliance for England, CoramBAAF, which is the Government’s appointed adoption provider, the Fostering Network, the National Society for the Prevention of Cruelty to Children, and Action for Children. In various polls, about 90% of working social workers did not support those clauses either, which was hardly surprising given that the clauses came out of the blue. There was no consultation on absolutely fundamental changes to the way in which we apply duties of care to vulnerable children in this country.

I pay tribute to the House of Lords, particularly to Lord Ramsbotham, for putting forward the amendments that saw those clauses taken out of the Bill. Lord Ramsbotham referred to clause 29 as nothing less than

“the usurpation of the proper parliamentary process.”

He asked

“how the courts are expected to respond where a young person or child in a particular local authority area is clearly disadvantaged by the arbitrary disapplication or modification of the law as it is applied in all other parts of the country.”—[Official Report, House of Lords, 8 November 2016; Vol. 776, c. 1056.]

As I said earlier, a child needs protection wherever he or she may be in the country. We cannot have a competition between different areas on ways of looking after vulnerable children, some of which will not work and some of which might. Every child needs the protection of the law as set out by Parliament, and it should not be subject to a postcode lottery, as is convenient for certain local authorities.

In the debate in the other place, Lord Low said:

“It is perfectly possible to test different ways of working…within the existing legislative framework…it makes no sense to get rid of the duty.”—[Official Report, House of Lords, 8 November 2016; Vol. 776, c. 1063.]

The squeeze on funding, which Members have mentioned, and which is, I am afraid, inevitable at the moment—[Interruption.] I am afraid that it is inevitable because of the disastrous way in which the Labour Government ran the economy into the ground. In too many cases now local authorities are providing only what is their duty; additional services are no longer on the agenda at all. Taking away that duty means that some of these fundamental things could not happen in the future.

Clause 29 as it was would have allowed local authorities to request exemptions from their statutory duties in children’s social care. Every Act of Parliament and every subordinate piece of legislation concerned with children’s social care from 1933 onwards could have been affected. The proposed mechanism for exemption orders was to be statutory instruments, which would have handed over enormous powers to the Secretary of State and the Department for Education. I am afraid that the Minister for School Standards is wrong: the DfE acknowledged that this part of the Bill directly concerns children’s fundamental rights. How can vulnerable children challenge those lack of services? I gave an example—it was one of many examples raised in the House of Lords—of independent reviewing officers. I am a big fan of IROs—I think we can do better, and there is a bit of a postcode lottery—as their role is to stand up and be the voice, or the advocate, of children who are not getting the services to which they are entitled and which they need from local authorities. If no IRO is available because an exemption has been applied for and granted, which means that the authority has no IROs, where is that child to go? There are not just IROs, but key legal protections that exist in the form of regulations now, including the ban on corporal punishment in foster care and children’s homes, protection for disabled children placed away from home, leaving care entitlements and complaints procedures. All of those could be granted an exemption and could disappear from fundamental rights, which we apply to protect vulnerable children now. This would be the first time in the history of children’s welfare that legislation made for all vulnerable children and young people could be disapplied in a particular area. This is a very radical proposal that warranted at least a Green Paper and a White Paper and proper consultation, but there was none.

It is not surprising, therefore, that the NSPCC and Action for Children said that

“the case that the Government is making presents considerable risk. Despite numerous conversations with ministers and officials, the evidence for the need for this power remains unconvincing and does not justify the potential risks of suspending primary legislation.”

The British Association of Social Workers said:

“If the clauses are re-introduced it will pave the way for significant and dangerous changes to the provision of children’s social care which would jeopardise hard fought victories for children’s rights spanning decades.”

How would the pilots for these provisions be monitored? How would we monitor whether children were still safe and what the results were for those children? It is no surprise that only one in 10 practising social workers surveyed by the BASW and by Unison thought this was a good idea. That is why I have severe reservations if the clause is to be returned to the Bill.

The Munro review took away much of the bureaucracy from social workers. It gave flexibility on the timing of assessments of children and how social workers could prioritise. It gave greater powers and confidence back to social workers to use their professional judgment to do what they thought best in the interests of vulnerable children. Sometimes they will get it wrong. I always say to social workers, “What I want to do, and what the Munro review was all about, is to give you the confidence to make a mistake—hopefully, not often, but to do it for the very best of reasons, not simply because that’s what it says on page 117 of the rule book and you needed to tick the boxes.” That is not what social work is all about. It is not a science. It is a complicated and challenging job.

If we are going to give social workers those flexibilities and allow them to act in different and innovative ways because they think that is the best way of looking after vulnerable children, we do not need to take away the statutory duties of the local authorities which are the corporate parents of those children, so that those new ways do not have to abide by the fundamental duties which ensure that social workers are doing the right thing and looking after those vulnerable children.

Finally, I shall look at a few specific clauses and ask the Minister some questions, which I hope he will refer to in his summing up. Clause 1 is about corporate parenting principles, which I welcome, but it is not clear exactly what they amount to in practice. Are they in addition to the section 23 commitments of the Children Act 1989 or do they replace them? I have used examples which I welcome: promoting physical and mental health, promoting high aspirations and securing the best outcomes for those children and young people. Nobody could vote against such things, but in clause 3 new section 23CZB(7) states:

“Where a former relevant child to whom this section applies is not receiving advice and support under this section, the local authority must offer such advice and support . . . at least once in every 12 months.”

Once in every 12 months will not go very far for a vulnerable child who needs intensive help. Subsection(4) makes provision for personal advisers. The problem is that too many children in care whom I met and children leaving care had never heard of personal advisers, let alone knew who their own personal adviser was.

In clause 4 new section 23ZZA(3) gives a local authority this extraordinary power:

“A local authority in England may do anything else that they consider appropriate with a view to promoting the educational achievement of relevant children educated in their area”—

motherhood and apple pie. Why do we require that sort of thing in legislation? It strikes me that a bit much of this is a bit too mushy and full of cotton wool—too many vague assumptions which in practice, particularly with funding pressures and duties taken away, will not amount to a row of beans, if we are not careful.