Children and Social Work Bill [HL]

Baroness Wheeler Excerpts

Monday 4th July 2016 Grand Committee

Moved by

[Baroness Wheeler]

41: Clause 2, page 2, line 41, at end insert—
“(2A) A local authority in England must conduct an assessment of the services required to meet the needs of care leavers in relation to—(a) health and well-being;(b) education and training;(c) employment;(d) accommodation;(e) participation in society.(2B) The results of the assessment must be published online.(2C) A local authority in England must provide services that meet the needs identified in the assessment carried out under subsection (2A) and which also meet the national minimum standard.”

[Baroness Wheeler (Lab)]

My Lords, our Amendments 41, 42 and 45 to Clause 2 and Amendment 54 to Clause 3 aim to make the local authority offer to care leavers a firm, proactive commitment to support rather than the you-approach-us emphasis currently in the Bill. We strongly agree with the Alliance for Children in Care and Care Leavers that the Bill does not go far enough to make a real difference to young people’s lives and that strengthening the local offer to all care leavers up to the age of 25 is a key opportunity to transform the standard of support that care leavers can expect. Our Amendments 47 and 74A deal with this important entitlement issue.

Noble Lords underlined the need to ensure the high standards of support for children in care and care leavers, as well as the best opportunities and access to the services that can help reduce the inequalities they face and set them on a positive path to the future. Amendment 41 places a statutory duty on the local authority to carry out an assessment of the services to meet care leavers’ health, well-being, education, training, job, housing and social participation needs, backed up by the duty to provide those services.

Together with other noble Lords, we stressed the need for a national minimum standard of care for the quality and extent of services which should be offered to care leavers. Amendments 41 and 43 emphasise this. The Bill currently requires local authorities simply to publish a list of the services they provide. This will not address the need for proactive support for care leavers or ensure that they have the information and advice underlined in previous amendments. What is needed is a national offer to serve both as a framework and as an undertaking about the availability of services across the country.

As part of these considerations on the importance of minimum service standards, I briefly for the record draw on the experience and findings of a recent major project, New Belongings, in which I was privileged to take part. It was a three-year project funded by the Department for Education and overseen by the Care Leavers’ Foundation. It involved both elected and staff leadership, practitioners from local authorities and care leavers. Its vision was to work with local authorities to improve outcomes for care leavers by using the care leavers’ experience and wisdom to shape and make decisions about the services that should be provided.

The project’s second phase ended in April. The finishing touches are currently being made to its final report, and it is being independently evaluated. Some 28 local authorities in England took part, covering 90% of all care leavers aged 19 to 21. They worked mostly in clusters, which was invaluable in developing local plans and in sharing and learning from each other. Key requisites and criteria from the outset were that the project had the personal and active support of the chief executive and the council leader. That was crucial. They signed up to the care leavers’ charter and undertook to work with local businesses to offer opportunities and support to care leavers.

Local authorities listening actively to care leavers through regular surveys and engagement through a care leavers’ forum was also at the heart of the project. Care leavers need to be central to decisions about services—decisions about them as individuals and about overall services to care leavers. This ability to listen, the quality of engagement with the care leavers’ forum and the real commitment of senior council leadership to corporate parenting were, together with the effectiveness of personal advisers, the three main factors contributing to improved outcomes for care leavers in the majority of the project clusters.

--- Later in debate ---

[Lord Nash]

The answer to that is yes.

[Baroness Wheeler]

My Lords, I thank the Minister for his response and for undertaking to look at the New Belongings project. He is right: there is a dissemination event for the project on Friday. It is very widely subscribed, I look forward to it and I am sure that a number of noble Lords and others here will be attending.

I am disappointed that the Government do not consider the need for a statement of minimum standards. Many local authorities do not have the support or resources to work out what is needed, so national standards and national guidance are very important. I understand what the Minister says about raising the bar and aiming high, but the reality is that many authorities struggle to reach the bar at all. This goes back to the issue of consistency of approach and avoiding variations in standards across the country that the noble Lord, Lord Ramsbotham, and others have referred to.

The introduction of the local offer arrangements in themselves do not necessarily lead to a step change in improvements. Detailed consideration needs to be given to how they will operate in practice, what impact they will have and how we can ensure that the offer is there for all and not just for some, depending on where they live. Minimum standards for services and the important issue of extending offers to care leavers up to the age of 25 are important, and I am grateful that the Minister said that he would look at this again. I shall read his comments very carefully but we will certainly return to these matters on Report.

Amendment 41 withdrawn.

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[The Earl of Listowel]

My Lords, I omitted to say that there seems to be a real issue in the United States, France and this country about a large section of the population feeling left out. The success of globalisation has in many ways simply left them behind. This would be one helpful measure to ensure that those at the bottom of the heap are better treated and feel better treated.

[Baroness Wheeler]

My Lords, Amendments 75 and 135 have been comprehensively argued and we have a great deal of sympathy with the intention to include in the Bill reference to the UN Convention on the Rights of the Child to promote the rights and well-being of children in care and care leavers. As the noble Baroness, Lady Walmsley, pointed out, general duties on the Secretary of State exist in relation to health and education, so it is important to consider this issue in the Bill.

Specifically on the UNCRC’s latest report, the Minister underlined at Second Reading that the Government fully recognised the importance of the committee’s work and were looking closely at the report. The report has again warned, as we heard, of the growing and disproportionate impact of austerity and spending cuts on disadvantaged children. It would be helpful if the Minister explained further his thinking on the report and what are the Government’s plans for responding to it.

We recognise the importance of upholding the rights of children in care and care leavers and on ensuring their well-being. Establishing at the end of Clause 3 a duty for the Secretary of State to promote the rights of children and young people covered by the Bill in accordance with the convention and other relevant legislation reinforces the commitment to provide the services that care leavers need. It also defines well-being, which we asked for, and to include physical, mental health and emotional well-being; the skills needed to contribute to society; and the importance of social and economic well-being, for which we have all recognised the need.

The provisions in Amendment 135 would be particularly important if Clauses 15 to 19 remain in the Bill. The Minister knows that there are deep concerns at the wide-ranging scope of these clauses, which we will debate on later amendments. This amendment would place a duty on public bodies and any person providing children’s services of a public nature to have due regard to the UN convention, particularly in functions relating to safeguarding or promoting the welfare of children—it is vital for this protection to be included if the scope of Clause 15 is as wide-ranging as is currently feared—and for regular reports to be published on how the requirement is being met.

Importantly, the amendment refers to this report as needing to be in a format “accessible to children”. In this context, I commend the valuable programme of work currently being undertaken by Coram Voice to find out from young people in care themselves what well-being being actually means to them. Its survey of children in care, Your Life, Your Care, began last year and aims at measuring the quality of their care experience and their own sense of well-being under what it calls the four Rs—relationships, recovery, resilience-building and rights, which very much resonate with the issues and approaches that have come up under the Bill. It can be used to help local authorities demonstrate how they are meeting Ofsted requirements, for example: what they are doing well and what they could improve.

Amendment 76, tabled by the noble Baroness, Lady Bakewell, and supporting the Joseph Rowntree Foundation call for the Secretary of State to have power to introduce a social justice premium grant to local authorities for services or grants for care leavers, reflects the need to find responses to the huge funding pressures faced by local authorities and the impact of the scale of the cuts in recent years. The overall aim of improving care leavers’ life chances and closing the gap between them and children who have not been in care is certainly one we all fully support. The Joseph Rowntree Foundation underlined that this policy is in the early stages of development ahead of the application of its anti-poverty strategy later this year and we look forward to seeing further work on this. The aim of basing the grant and calculations of harm over the care leaver’s lifetime is also laudable but a very challenging proposition.

Overall, it is worth emphasising that further premiums or special funding at the Secretary of State’s discretion, however welcome in the current context, are not the answer to medium or long-term funding problems. Local authorities must be adequately resourced to undertake the work and responsibilities placed on them, and Labour is strongly committed to achieving that. If we listen to care leavers themselves to help shape their services to them, as we all advocate, we know that worrying about money, fear of not being able to pay the bills and getting into debt that can never be paid off is at the heart of a lot of the problems they face.