Children and Families Bill

Alex Cunningham Excerpts

Monday 25th February 2013 Commons Chamber

[Mr Timpson]

I am very much aware of my hon. Friend’s views and have conversed with him on a number of occasions. I always listen to and am mindful of the words that he speaks on this subject, but I have a strong view that for those children who, for whatever reason, are unable to find any other permanent placement, we ought seriously to consider adoption as a way of giving them that stability, that routine, that loving, stable family home which far too often they miss out on because we have not managed to move them through the adoption system in enough time, commensurate with their best interests.

[Alex Cunningham (Stockton North) (Lab)]

Nobody would disagree that it is important that we reduce the time scale for children to be adopted, but what safeguards does the Minister plan to put in place to ensure that we do not see an increase in the number of adoption failures?

[Mr Timpson]

The hon. Gentleman raises an extremely important point. We know that the level of adoption breakdown, which ranges from 3% to 30%, is probably the worst outcome of all for those children, let alone for the families who have been brave enough to put themselves forward as prospective adopters. We know that what is key to ensuring successful adoption is good planning, a good matching process that is more adopter-led than it has been in the past, and the support that is provided during and after the adoption is put in place, to prevent any possible breakdown happening in the future. That support, in light-touch form, may be necessary for many years into the future.

I know from my own family’s experience that even 20 or 30 years on, there may be moments when some experience prior to going into care and being adopted comes back to haunt an individual, so we should be mindful of the fact that for adoption support to be successful, it needs to continue to be available. I will come on to the aspects of the Bill which deal with that issue. It is a step forward to make sure that that adoption support is available where it will make a difference.

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[Stephen Twigg]

I welcome the Minister indicating that that is the case. Parents were told that this Bill would represent an end of the struggle for support and to the adversarial nature of the system, but there are many unanswered questions, which potentially undermine that goal.

I shall now discuss adoption and children in care. Clearly, one of the state’s most important duties is to care for children who, for whatever reason, are without a safe, loving family to care for them. In recent decades, the system has seen step changes in the fulfilment of that duty, but we know only too well that failings have let down some of the most vulnerable members in our society and, in the most extreme cases, have cost children and young people their lives. I welcome the emphasis that has been placed on reducing the time for completing an adoption and increasing the number of adoptions, where that is in the child’s best interests.

Let me put on the record my thanks to Martin Narey, who has done so much to champion the rights of children in the care system, and to The Times for its persistent campaign to address the crisis faced by too many young people in the care system. We should recognise the incredible commitments made by so many who work in the care system. Social workers up and down the country do a fantastic job, often in very trying circumstances, and it is right that we put on the record our thanks for their duty and service.

We should acknowledge important developments in social care, and I welcome the Government’s contribution of funding to the Frontline initiative for social work. Frontline has the potential to play an important role in raising performance in the care system, both for those currently working in the system and for the new recruits that it will bring in. Measures of the educational attainment by children in care show the scale of the challenge; the Minister pointed out the figures for 2012, when fewer than 15% of looked-after children secured at least five good GCSEs including English and maths.

[Alex Cunningham]

My hon. Friend will be aware that young carers can also have lower educational attainment. Does he agree that the work of organisations such as the Eastern Ravens Trust, in my constituency, is crucial in supporting these young people and that such organisations also need to be financially viable?

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[Alex Cunningham (Stockton North) (Lab)]

It is vital for our children and young people that the Bill delivers the change that they want and need, with the necessary resources, safeguards, directions and clear lines of accountability. Failure to deliver on those factors will mean that the Bill will not be worth the paper it is written on. Worse, it could lead to deterioration in service provision and huge variations in the quality of service offered to children and young people in different parts of the country.

I do not doubt that Ministers have every good intention with the Bill, but good intentions are not enough to satisfy the needs of our community. Government cuts have caused a lack of specialist services and professionals since 2010. It is for Ministers to explain how the reforms will work in that context. The Education Committee carried out pre-legislative scrutiny on the Bill’s SEN provisions, but the sector still has concerns that funding cuts in different areas will undermine the positive impact that elements of the Bill could provide to those who need support.

The SEN clauses have created deep-seated cause for concern in the sector, possibly because of the lack of detail in the Bill. They include measures that will shift us from statements to health and social care plans. The key difference between the outgoing system and the new one is that the new plans will extend beyond the mandatory school age, which I welcome. However, the system of education health and care plans does not include a greater degree of legal entitlements than the system it replaces.

Parents with children who have SEN are rightly concerned that current problems will not be solved without a single point of accountability for parents seeking redress. That must be put right. For example, Ambitious about Autism proposes changing the Bill to include a duty that requires local authorities to conduct a review of support available to young people aged 19 to 25 when they fall out of education. That would give them the best possible chance of re-engaging in learning and accessing future employment.

I am pleased that the Government have responded to the Education Committee’s suggestion for an extension of such entitlements to apprentices and, in specific circumstances, to young people who are not in education, employment or training. However, the Government have not taken that promising first step to its logical and desirable conclusion. We should support each and every young person with an EHC plan up to the age of 25, including those in supported employment. Under the current provisions, young people at university will cease to be eligible for EHC plans as soon as they begin their courses. Surely the Government do not want to abandon such young people when they are facing the biggest change in their lives. I would like to hear what the Minister has to say on that. Is that a simple oversight that will be corrected? Campaign groups such as Every Disabled Child Matters and the Special Educational Consortium have observed that disabled children without learning difficulties will not have access to the new plan.

Scope says that the Bill represents an important opportunity to alleviate some of the strain on families with disabled children. I agree with Scope’s objective of amending the Bill to include a guarantee of better support for disabled children and their families in their local area. The Bill requires local authorities to publish information on the services they expect to be available in their areas to children and young people with special educational needs and disabilities—both with and without education, health and care plans. However, the Bill does not say what they must provide. Why are the Government reluctant to provide a national framework of minimum standards for local offers? A greater degree of guidance from the Government would improve accountability and set higher standards for local councils to fulfil their obligations under the new system.

We need assurances from the Government that the new SEN system does not evolve from an informal postcode lottery to a formal one. The National Union of Teachers has concerns that, although local authorities retain a welcome role in SEN provision, the gradual shift away from local oversight of schools will undermine the ability of local authorities to carry out their SEN functions. What is the role of academies in that context?

I am pleased that the Government—I seem to be very pleased with them tonight—accepted the Education Committee’s suggestion during pre-legislative scrutiny that the new code of practice should be laid before Parliament, but the Bill requires that it is laid under the negative resolution procedure. It is not clear why the code will not be subject to the positive resolution given the importance of its contents. I am also concerned that the Secretary of State will meddle with the service by changing regulations.

People in the sector have shared concerns about the scrapping of school action and school action plus— the current graduated response approach to meeting the educational needs of children at school. As other hon. Members have said, around 17% of school-age pupils are on one of those programmes, and concern remains on whether their replacement with a single SEN stage will deliver what young people need.

The Minister should consider the case for expanding the definition of “vulnerable children” to include children living in custody and separated children who are seeking asylum or who have been trafficked, as recommended by the Children’s Society. It is right that action is taken to find more and better adoptive homes for children, but I hope that speeding the process up can be done without compromising the quality of child placement. Speed should never come at the expense of getting that right. No hon. Member wants an increase in the number of failed adoptions. I would be interested to hear more on the safeguards, to which the Minister has referred, for ensuring that speed does not come at the expense of getting it right.

I do not agree with the Minister and the Government that the bedroom tax is not a problem in the context of the Bill. It most certainly is a problem, particularly for foster parents, who rely on having that room available. How many places will be lost for foster children if the bedroom tax is implemented?

[Bill Esterson]

I am glad my hon. Friend mentions the impact of the bedroom tax on foster carers. Has he considered the impact on prospective adopters? A prospective adoptive family must have bedrooms available for children moving in with them. Any prospective adoptive parent who lives in social housing will be in the same position as adoptive foster carers in social housing.

[Alex Cunningham]

My fellow member of the Education Committee makes a strong point. The Minister must address the impact on the rooms of potential adoptive and foster families.

The changes to how child care works are proposed against the backdrop of the rising cost of living, depleted public services such as Sure Start, and benefit changes that penalise hard-working families. The Government have announced grand plans, but Ministers must know that they cannot deliver with less money—although perhaps they will tell us that the Chancellor will reverse the cuts and invest to help rather than hinder our families.

The Bill is a mixed bag. Some measures are welcome, such as some of the changes on flexible leave and on the Office of the Children’s Commissioner. Sadly, it does not live up to its initial promise to end the battle for support for children with special educational needs. I look forward to the Government working in Committee to fulfil that promise.