Children and Families Bill

Baroness Eaton Excerpts

Tuesday 2nd July 2013 Lords Chamber

[Baroness Eaton]

My Lords, I declare my interests as a vice-president of the Local Government Association and as an elected member of Bradford Metropolitan District Council. I speak today as the Bill has significant implications for local government. As someone who has worked in local government for many years, I welcome the Government’s commitment to improving the lives of children and young people. It goes without saying that protecting children and helping to provide for their future is one of the most important things that councils do, and councils take those responsibilities very seriously. The measures in the Bill will have a significant impact on councils’ children’s services, because local authorities will have a central role in implementing them.

I know we all want to make sure that the Bill helps secure the best possible outcomes for our children and young people. While I welcome many of the provisions in the Bill and there is much in it to be commended, I have a number of concerns about measures in the legislation, particularly the proposed changes to the adoption system and, as with many others, special educational needs reform.

I served on the House of Lords Select Committee on adoption legislation and had the pleasure of working on this with many noble friends who are here today. I would like to be clear, as the committee was, that adoption is not the only form of permanence available for children. For some, permanence through special guardianships or long-term foster care might be more appropriate. The central consideration must always be what is in the best interests of the individual child.

Some provisions in these clauses are to be commended. For example, councils already make use of fostering for adoption. This increases stability for children. However, it remains essential to progress measures to reduce the significant delay in the courts and uncertainty for the child and those who are not being fostered for adoption. The committee welcomed this clause, and I am pleased that the Government have extended its scope, as we argued that they should, and that there is now a duty to consider a fostering for adoption placement for all children for whom adoption is being considered.

The committee did not agree with the Government’s proposals to remove the requirement to consider ethnicity when matching children with families. We were not convinced, and I am still not convinced, that this process causes significant delay. I believe that it should be not the only consideration but one factor along with others. That said, there needs to be a change to the adoption system, and we welcome many of the reforms that have been introduced. The acute shortage of adopters remains a significant challenge, but the provisions included in Clause 3, which will allow the Secretary of State to remove all councils from the recruitment and assessment of adopters, is not the solution. In fact it risks making things worse for children and adopters.

Voluntary adoption agencies provide only 20% of adopter recruitment. Removing the other 80% runs serious risks of creating more harm than good. Councils will also remain responsible for placing children for adoption and matching them with families. Clause 3 could fragment the system as a result. Adoptive families say that they like the consistency of support from a social worker throughout the process. There are also wider disincentives in the system, which deter councils from recruiting more adopters than they need in their local area. I know that the Local Government Association is already working with the sector on plans to overcome these systemic barriers and to improve performance where necessary.

I am also concerned that this clause does not include criteria for use. There has been room for improvement, but local government has been taking action and we are seeing the impact of this. Recent research from the Association of Directors of Children’s Services has found that the number of children placed for adoption in England has nearly doubled over the past year. We need time for other adoption reforms, such as the adoption gateway and changes to the assessment process, to bed in. I am concerned that the sweeping provision in Clause 3 would undermine this positive progress.

Clause 9 introduces a duty for local authorities to appoint at least one person to promote the educational achievement of looked-after children, the so-called virtual school head. It is important to point out that every local authority in England already has arrangements in place to deliver the function of virtual school heads, because they recognise the importance of helping children to overcome the trauma experienced before they came into the care system and the need to support them in achieving good educational outcomes.

On special needs reform, I know that many of us want to see changes to the system to deliver the best outcomes for children and young people. Many noble Lords have spoken eloquently on this subject. The reforms are ambitious. They aim to ensure that in future children, young people and their parents are at the heart of the system. We therefore need to make sure that the Bill helps to deliver the best outcomes for children and young people with special educational needs. That is why it is important to get the detail right. I am concerned that the Bill will not deliver effective accountability and redress for young people with SEN and their parents. Although one of the key aims of the new system is to bring together education, health and social care, as the noble Lord, Lord Touhig, mentioned, there will be different ways of challenging the education, health and social care aspects of provision through different tribunals, procedures and processes, which risks leaving parents and young people with a confusing system that is time-consuming, difficult to navigate and emotionally draining.

As we have already heard, Clauses 31 and 32 place a duty on local authorities to provide information on the services they expect to be available for children and young people. I am very supportive of the local offer, but I want to make sure that the Bill’s provisions allow local areas the freedom to include the full range of services that help children and young people. The local offer should be developed with local families so that services are designed for them and are not prescribed by Whitehall. The Bill will give councils a range of new duties, and we do not need an extra layer of requirements or we will turn a good idea to provide local people with information into something unworkable.

I also want to see sufficient duties placed on other organisations, such as health bodies, schools and colleges, to ensure that all partners responsible for delivering health, education and care packages provide the services a child or young person requires. For example, provisions in Clause 27 place a duty on local authorities to keep education and care provision under review. Such duties are not placed on health bodies.

My time is up. I am sure that we all commend this Bill. The role of this Chamber is to improve this legislation in a spirit of consensual debate to ensure the best outcomes for children and young people. I am sure that across the House we can improve the Bill in the way that we need to.