Crime and Courts Bill [Lords]

Debate between Ann Coffey and Tim Loughton

Monday 18th March 2013 Commons Chamber

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

I rise briefly in support of new clauses 12 and 14, which were put forward so ably by my hon. Friend the Member for Oxford West and Abingdon (Nicola Blackwood) and are supported by the hon. Member for Stockport (Ann Coffey).

A key part of the four-point action plan “Tackling child sexual exploitation”, which was launched in November 2011, was a better court procedure for vulnerable young witnesses. Too many girls, having been abused, have effectively been re-traumatised in the courtroom by a phalanx of defence barristers. For many of them, it has meant that they have not given credible evidence or that the case has not come to court and has collapsed. In many cases, the witnesses run away rather than go through the procedure and appear in court.

The two new clauses, which I hope the Minister will take away and look at favourably, are about ensuring that we get justice in our courts and, in particular, that vulnerable witnesses and victims appear to get the justice they have been denied for so many years. The cases that are coming to court now are a sign of success. They are at least beginning to be taken seriously. We want to ensure that more people come forward and that more perpetrators are nailed. The new clauses will help to achieve that.

[Ann Coffey (Stockport) (Lab)]

I will speak to new clause 12, which I tabled along with the hon. Member for Oxford West and Abingdon (Nicola Blackwood) and other hon. Members. I agree totally with the comments that she made in arguing for specialist courts.

Under new clause 12, registered intermediaries, which were first introduced in 2004, would be assigned to support all very vulnerable witnesses. Children are very vulnerable witnesses because they do not communicate in the same way as adults. Recent NSPCC research showed that more than 90% of children under 10 do not understand the questions that they are asked in court. It also showed that more than half of young witnesses experience stress symptoms ranging from sleeping and eating problems to self-harming. Children under stress become confused in the witness box.

Registered intermediaries are communication specialists, such as child psychologists, who are trained to help child witnesses to communicate their evidence effectively, both at the police interview and the trial. However, NSPCC figures show that only 2% of young witnesses were assigned a registered intermediary. That has to change.

In view of the tremendous cross-party support for new clauses 12 and 14 today, and in the wake of the Rochdale and Jimmy Savile scandals, I hope that the Minister will feel able to give a positive response to the new clauses tabled by the hon. Member for Oxford West and Abingdon and me that call for specialist courts and registered intermediaries to give the victims of sexual abuse the confidence to come forward so that justice can be done.

Children and Families Bill

Debate between Ann Coffey and Tim Loughton

Monday 25th February 2013 Commons Chamber

[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.

Oral Answers to Questions

Debate between Ann Coffey and Tim Loughton

Monday 3rd September 2012 Commons Chamber

[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.

Oral Answers to Questions

Debate between Ann Coffey and Tim Loughton

Monday 18th June 2012 Commons Chamber

[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.

Oral Answers to Questions

Debate between Ann Coffey and Tim Loughton

Monday 16th April 2012 Commons Chamber

[Tim Loughton]

I am grateful for my hon. Friend’s comments. He has taken a great interest in this subject and brought constituents to meet me about it. He is right that part of the process is to ensure that the public are better informed about the virtues of becoming a foster parent or adoptive parent. For that reason, earlier this year we set up a website, “Give a Child a Home”, on which there is all sorts of information. We will add to and improve that to encourage more people to come forward as prospective adopters. It is a big ask but a wonderfully fulfilling thing to do.

[Ann Coffey (Stockport) (Lab)]

Children placed for adoption often have very complex needs, and the love and care that adoptive parents offer is sometimes not enough. What more can be done to support adopting parents to ensure successful adoption outcomes?

[Tim Loughton]

The hon. Lady is right; she also has great personal experience in this area. It is important that we ensure that more children for whom adoption is a likely destination are considered for it. Equally, though, we have to ensure that parents who come forward as prospective adopters are given proper training and support before, during and after the adoption process. I am particularly keen to encourage adoption agencies to work on adoption support services—we are looking at social impact bonds with a specific focus on that—to ensure that that help is there and that the adoption is permanent.

Oral Answers to Questions

Debate between Ann Coffey and Tim Loughton

Monday 16th January 2012 Commons Chamber

[Ann Coffey (Stockport) (Lab)]

Stockport council estimates that it is notified of only 60% of looked-after children placed in the borough by other authorities. This is not a problem specific to Stockport and, as the Minister will appreciate, it is very difficult for authorities to plan the provision of resources that will achieve better outcomes for children in care without adequate information. What more can he do to make local authorities meet their obligations?

[Tim Loughton]

The hon. Lady is right to raise this subject and it is a problem in many parts of the country, especially when children from London boroughs are placed in areas such as my own part of the country. I issued new guidance that came into effect last April, which made it absolutely clear that local authorities have a responsibility to keep children for whom they are responsible for caring as close to home as possible. If children are placed further afield, there must be a good reason, and local authorities must ensure that they maintain the responsibility to monitor how the child is doing. In too many cases, they do not notify the host authority, and I plan to ensure that every authority is reminded of its responsibilities.

Oral Answers to Questions

Debate between Ann Coffey and Tim Loughton

Monday 11th July 2011 Commons Chamber

[Ann Coffey (Stockport) (Lab)]

4. What representations he has received on the report “Out of Mind, Out of Sight” issued by the Child Exploitation and Online Protection Centre.

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

The CEOP thematic assessment has been widely welcomed as an important contribution to the tackling of child sexual exploitation. As available data are limited, the report does not provide a complete picture of this horrific abuse, but it does help us to understand much better the scale, nature and complexity of the issues that we are facing. As the hon. Lady knows, the Government are working with national and local partners to develop a comprehensive action plan, which we will publish this autumn.

[Ann Coffey]

The CEOP report says that sexually exploited children frequently go missing or run away, but, the Children’s Society report “Make Runaways Safe”, which was published today, says that two thirds of runaway children are not reported missing. One of its most disturbing findings is that most runaway children do not seek help because they do not feel that there is anyone whom they can trust. When drawing up his action plan, will the Minister take full account of the findings of both those reports?

[Tim Loughton]

I pay tribute to the hon. Lady again for the immense amount of work that she has done. She and I recently took part in a debate on the subject in Westminster Hall. She is right to draw attention to the strong link between runaway children and sexual exploitation, and that will certainly feature in the action plan we are drawing up. The Children’s Society report, which was published today, makes even more harrowing reading and reminds us of the urgency of the task. According to the report, children as young as eight are subjected to sexual exploitation, which is completely unacceptable.

Oral Answers to Questions

Debate between Ann Coffey and Tim Loughton

Monday 7th February 2011 Commons Chamber

[Ann Coffey (Stockport) (Lab)]

6. What steps he plans to take to reduce the incidence of children going missing from children’s homes.

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

All local authorities are required to have procedures and processes in place to minimise the risk of children in care going missing. In April, we will bring in revised national minimum standards for children’s homes, which will strengthen the national guidance on this issue.

[Ann Coffey]

In Greater Manchester, more than half of all missing incidents involve children from children’s homes. According to a recent Barnardo’s report, many of those children are at risk from paedophile and criminal gangs. Will the Minister consider issuing statutory guidance to local safeguarding boards, asking them to monitor all incidents of children going missing and share that information with other agencies, such as Ofsted, so that action can be taken to reduce the number of children going missing and the risk to them?

[Tim Loughton]

The hon. Lady makes a good point and I pay tribute to her work as chair of the all-party group on runaway and missing children and adults. I am looking closely at the Barnardo’s report with the Under-Secretary of State for the Home Department, my hon. Friend the Member for Old Bexley and Sidcup (James Brokenshire). This is a serious issue, but, without being complacent, I should say that the incidence of children running away from children’s homes has been reducing over the past few years. The figures are calculated on the basis of those who are missing for more than 24 hours, but in fact most children return within 48 hours. It is something that I will continue to look at.