Young People in Care

Bill Esterson Excerpts

Tuesday 27th January 2015 Commons Chamber

[Bill Esterson (Sefton Central) (Lab)]

It is a pleasure to follow the Chairman of the Education Committee, the hon. Member for Beverley and Holderness (Mr Stuart), who provided a very good summary and analysis of our report.

Like other Committee members, the hon. Gentleman will have heard from or met those from the Alliance for Children in Care and Care Leavers. They have given me a copy of their requests for inclusion in the manifestos of all parties. One of their points is that the average age at which young people leave home is 24; yet young people leave care at 18 and, sadly, it is often earlier—at 16 or 17—for the most vulnerable and disadvantaged children or young people in our society. As the Chairman of the Committee said very well, they are the group most in need of support, but we expect them to fend for themselves and to go into independent living.

The point about the difference in treatment at different ages and the way in which we, as supposed corporate parents, allow that to happen, says everything we need to know in summary, and the detail has now been published in our report. The life chances of children in care—whether in education, employment, relationships or housing—are all significantly lower than for other people in society. For example, many of the prison population were in care as children, and 60% of children in care have some kind of mental health problem.

The young people we met told us their stories, as do those who have met other Members at other times. Our report shows that leaving care is one of the key stages in their lives. It is very often a harsh cut-off date, whereas other young people usually have no arbitrary leaving date. Many young people go away and come back, so they leave home over a period; some parents would say that their young people never leave, as is sometimes their experience. However, that is not the case for this group of particularly vulnerable young people, so our recommendations are important.

Our chapter on “Staying Put” gives the figures for those who leave care as 16 and 17-year-olds, and for those who leave on their 18th birthday. A remarkably high number—in the thousands—leave care before they are 18, and many more do so on their 18th birthday, when they are no longer regarded as looked-after children. The questions we want to pose to Ministers and, for that matter, potential Ministers are: is everything being done to ensure that children do not have to leave care if they do not want to, and do local authorities and others apply pressure to get young people to leave? I have heard such a point more than once, and we refer to the financial pressures in our report’s conclusion, where we recognise the resource constraints in relation to the difficulty of extending “Staying Put” arrangements in residential homes.

One of the witnesses who gave evidence to the Committee was Ben Ashcroft, the author of “51 Moves”. He is involved in a campaign to extend residential care to the age of 21, which is as it should be. If as a society we have accepted that it is right for young people to stay in foster care until they are 21, it should be the same for those in residential care. As our report says:

“the young people in question have already experienced troubled and disrupted childhoods and are far too important for their welfare not to be prioritised.”

If we are serious about ensuring that support is available, we need to ensure that local authorities have the money. My council has lost more than 40% of its funding since 2010 and many other local authorities find themselves in that situation. If this Government or any future Government are serious about making a difference for these vulnerable young people and children, they, as well as local authorities, need to ensure that the resources are available. If that does not happen, we will continue to spend far more in later years on looking after the adults that the children and young people become, whether through the high cost of prison, the benefits system or mental health care.

If we are talking about finding extra money to fund the long-term solutions that our report suggests, has the time come to consider which Departments or budgets it will come from? The justice budget and the health budget are two possibilities, but the housing budget, the Department for Work and Pensions budget and the education budget also spring readily to mind.

As we heard from the young people we met and as other young people have told me, when young people leave care, they are often leaving a situation where everything is done for them, with little preparation for having to look after themselves. All too often, they have no concept of how to pay the rent or other bills, how to shop or cook, or how to get education or work. It is no wonder that so many of them end up struggling. A third of young people who leave care end up homeless between six and 24 months afterwards. That is a staggeringly high proportion.

[David Simpson (Upper Bann) (DUP)]

Does the hon. Gentleman agree that a percentage of young people leave care homes not because they are forced to do so, but because of difficulties that they experience in their lives? Such young people become vulnerable and can then be trafficked and cannot be found again.

[Bill Esterson]

The hon. Gentleman is absolutely right. He is talking about people who leave residential care. The Committee came across evidence of that during our inquiry on residential care and I suggest that he reads the report. It is worrying that society loses track of such a high number of young people.

In this inquiry, we found a clear need for action, whether by doing better with existing resources, providing extra resources or both.

[Mr Graham Stuart]

Further to the question from the hon. Member for Upper Bann (David Simpson), we recommended in this report that there should be greater awareness of the right of young people who leave care and get into difficulty to come back into care. The Government said that they would look into that more closely. Perhaps the Minister will reflect on that in his remarks and let us all know what progress has been made.

[Bill Esterson]

I thank the hon. Gentleman for making that point. He is absolutely right.

We made recommendations about better preparation for young people who are leaving care, including through the development of life skills. We highlighted a number of areas where support was crucial, based on the evidence that was presented to us.

The concept of instant adulthood has been raised with me. It describes the sudden change in the lives of people who have been very much looked after and who have had everything done for them and everything provided for them. It describes how corporate parenting is not working in the way we would expect for this group of young people. The concept of corporate parenting had been used as a way of identifying how we should look after such young people.

A point that has been made to me is that young people must value the support that they receive. It is not good enough for the authorities to describe what type of support should be available and who should provide it. Young people often have relationships with those they do not necessarily want supporting them, whether a social worker or somebody else they come across while they are in care. It is really important to listen to young people in deciding who is best placed to provide support for them. It is a matter of trust—I have heard that word mentioned a number of times.

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

I refer the House to my entry in the Register of Members’ Financial Interests.

The hon. Gentleman is talking about the “Maintaining positive relationships” part of the Select Committee’s report, which I thought was interesting. It mentions how we can do better with personal advisers, but it also refers to sibling groups. Does he share my concern that a report issued today by the Family Rights Group shows that half of all sibling groups are split up in foster care? Does he think that more could be done, as those children leave care, to re-establish relationships with other family members that have been denied them in the care system? That could prove important in anchoring them and giving them stability, so that they can move into adulthood with trusted relatives.

[Bill Esterson]

I am extremely grateful to the hon. Gentleman for making that point. As an adoptive parent of a sibling group, some of whom are still in care, I know from experience that that is incredibly important to my own children. He hits the nail on the head—sibling groups should be kept together wherever possible, and every effort should be made to keep siblings in touch while they are in care and into adulthood. As he says, we touch on that in the report. Such relationships can really help young people as they leave care and move into adulthood. What came out strongly in the evidence that we took, and in the evidence that I got from elsewhere, was the importance of a young person having someone to advise and support them, whether it is a sibling group, a friend, a trusted professional adviser or the parent of a friend.

I have had some good information provided to me by Barnardo’s, with examples of what goes on. It says that there are a number of examples of good practice around the country. The Chairman of the Education Committee mentioned what goes on in Wiltshire, and I am aware of good practice by Barnardo’s in Merseyside, for example, where it provides support not just for care leavers but for other young people in the same age group.

Barnardo’s also gave me examples of nightstop, crash pads, supported lodgings and supported housing projects. Crash pads are short-term emergency supported lodgings. They are temporary forms of family-based accommodation, with placements lasting up to eight weeks. They provide specialist support to young people who need somewhere to live on a short-term basis.

Supported lodgings provide family-based support to vulnerable young people aged 16 to 25 who cannot live with their own family and are not yet ready for independent living. Young people are provided with places to live in the homes of local people, from whom they receive varying levels of practical and emotional support, enabling them to develop the confidence and capability to live independently. Young people normally stay in supported lodgings for up to two years, but they can also be used to provide shorter-term emergency housing.

Supported housing projects offer high levels of support to young people for up to two years, although some have a small number of emergency beds available at short notice for a few days at a time. They tend to house a group of young people with more complex needs, and they usually have 24/7 on-site support from staff.

I give those examples to address the point made by the Chairman of the Committee about emergency accommodation—what is sometimes called bed and breakfast. Some of those examples are from Barnardo’s and other providers. I hope that the Minister and shadow Minister will look at what is out there already, because if we are to provide the range of alternatives that our report calls for, we should learn from good practice and share and apply it, so that—in the shortest possible time—better opportunities are available for this group of young people. I hope that the Minister will take my comments on board and perhaps respond when he winds up the debate.

--- Later in debate ---

[Craig Whittaker]

I thank my hon. Friend for that intervention. He raises some valuable points, particularly on the turnover of staff in residential homes. The point is that a lot of young people in residential homes have a stigma attached to them. Not only that, quite often a foster placement has broken down. One could argue quite easily that they are the more vulnerable of our children in care. That being the case, to turf them out by themselves at the age of 18, often with very little support, is not the way forward. That will not be the case for all young people in residential homes—of course not. Some will be robust enough to take that step. For those who choose to stay, we feel strongly that that option should be open.

[Bill Esterson]

One challenge in residential and in foster care of “Staying Put” is that it leaves fewer places for other children to enter the care system. Does the hon. Gentleman agree that one of the very big challenges in foster care is to find more foster carers, and in residential care, as the hon. Member for East Worthing and Shoreham (Tim Loughton) pointed out, it is to find staff who will stay long-term so that we have a more experienced, quality work force?

[Craig Whittaker]

Of course the hon. Gentleman has a point, but it does not make sense to allow young people in foster care to stay on until the age of 21, but exclude the 9% in residential care homes—the most vulnerable young people—particularly given that the 91% are arguably the ones clogging up the system.

The scoping exercise discussed four options, and the results were interesting: 25% of the young people preferred option 1—care leavers live in the same children’s home until they are 21; 13% preferred option 2—care leavers live in a separate building but in the same grounds as the children’s home; another 13% preferred option 3, which was like supported lodgings—care leavers live in a different house and need to be at least 16; and 25% preferred option 4, the staying close agenda—care leavers live independently in their own flat down the road or close to the children’s centre, and they have a key worker. It was clear from the scoping exercise that young children in residential homes would prefer those types of options.

The cost of extending those four options to all children—if we do it for one group, surely we must do it for all young people in care—would be about £75 million a year. It is not a small sum by any stretch of the imagination, but the cost of not giving any such option, particularly to residential care leavers, is many times that amount, and let us not forget the 23% who end up in our penal system, the cost of NEETs, drugs, crime, mental ill health, homelessness—to name just a few aspects.

The scoping exercise made several recommendations, and here are three of them: that the Department for Education develop plans for a new overarching duty of continuing wide-ranging support up to the age of 21 for all young people leaving care and, in doing so, draw on the learning of the Scottish reforms; that Ofsted work with stakeholders to clarify the ability of children’s homes to maintain registration when they routinely cater for young people over 18 and how children’s homes’ provision of accommodation and support for young people over 18 will impact on the inspections process; and that the Department for Education and the Department for Communities and Local Government review the option of extending regulation to a wider range of support and accommodation options for young people.

To summarise, may I ask the Minister when young people in residential homes can expect the Government to remove the discrimination and unfairness in the system and provide a range of options to all young people leaving care, as recommended by the scoping activity, and when he is likely to respond to that exercise?

--- Later in debate ---

[Steve McCabe]

I entirely accept the point that the Committee Chairman is making. The hon. Member for Calder Valley said that there may well be options. My point is simply that the situation is not directly comparable. I am minded that we look at this carefully. We cannot say that children in foster care get the benefit of “Staying Put” until the age of 21 and children in children’s homes are completely disregarded. That would not be acceptable, and I do not think that anyone is saying that. I am simply suggesting that the situation may be slightly different.

I want to take up the Committee’s point about the problems of making full-time education and training central to continuing support until the age of 25. We were all rather encouraged when the Minister said in Committee that he intended to rewrite the guidance so that it would be sufficiently clear that he was concerned about those who were in danger of falling through the net. So far, the rewritten guidance does not appear to have achieved that. Surely the real issue is that it is too easy for those we refer to as NEETs— not in education, employment or training—to disappear. Unless directors of children’s services and others are under a specific obligation to track and monitor these young people, there is every danger that they will fall by the wayside.

I want to turn to “other arrangements”. As we have heard, the Committee was very concerned about accommodation that it felt was not of an acceptable standard and might fail the statutory guidance tests of being suitable for the child in the light of his or her needs, including health needs, and of the responsible authority having satisfied itself as to the character and suitability of the landlord. I acknowledge that the YMCA said in evidence to the Committee that some local authorities provide a decent variety of accommodation, and I do not dismiss the fact that there are examples of success out there. However, Ofsted found significant variations in the quality and sufficiency of accommodation for care leavers. The Who Cares? Trust has also reported examples of unsafe and unsuitable accommodation. I will not go over them all, as they have been mentioned by other speakers, but they include people being threatened or assaulted; living with those with drink and drugs problems; and having dirty accommodation infested with bedbugs and cockroaches. The British Association of Social Workers has said that it is

“firmly of the view that the government needs to apply regulatory duties to all accommodation providers who accommodate looked after children in order that they are appropriately safeguarded and the provision meets acceptable standards.”

I noticed that the report highlights an interesting dilemma on regulation. It is fair to point out that one witness warned of the risk that if regulation is too onerous it will stifle creativity in support arrangements and inhibit independence projects. I was interested in Catch22’s suggestion for a national standards framework, which, if I have read the report accurately, the Committee appears to have liked. I am not sure that the Government’s proposals go anything like far enough, and I urge the Minister to reflect again on that point. About 3,000 young people are covered by other arrangements, and that is an awful lot of lives at risk.

[Bill Esterson]

On what my hon. Friend is saying about our recommendation for a framework of individual regulatory oversight, I confirm that we recommended that the DFE consult on setting one up. Does he agree that that is a sensible way forward?

[Steve McCabe]

I would welcome that, and I urge the Minister to think again.

Finally, there is general consensus that bed-and-breakfast accommodation is unacceptable and that a deadline must be set for phasing it out altogether, although I acknowledge that that cannot happen until more work has been done on developing alternatives. I welcome the fact that the Minister has set a maximum of two days for the time a child can spend in a bed and breakfast. How will that guideline be monitored, because that will be the first test of whether it is having any impact?

I must say that I am disappointed that the Minister does not seem to have accepted the need to set a date by which the use of bed and breakfasts must be phased out. I welcome the decision to collect more data on the use of this arrangement, although I am not clear why he did not accept the suggestion that the Department simply mirror the current arrangement for housing authorities to report to the Department for Communities and Local Government. It seems to me that that is a tried and tested system, so it would make sense and be quite helpful to repeat it.

Will the Minister say when the Department will commence work with stakeholders to understand the issues better, as was mentioned in the Government response? When can we expect to see substantial progress? The use of bed and breakfasts for vulnerable young people who need care must rank alongside other great housing scandals of the past, such as those highlighted by the drama “Cathy Come Home”. I do not accept that it has a continuing place in the plans to care for vulnerable young people.

I again thank the Committee for its excellent report and the Minister for the Government response, but I feel that there is more to do before we can be satisfied that the arrangements for children over the age of 16—for whom we, the state, are responsible—are adequately cared for.

[The Parliamentary Under-Secretary of State for Education (Mr Edward Timpson)]

I thank the Chairman of the Education Committee, my hon. Friend the Member for Beverley and Holderness (Mr Stuart), who secured this important debate. I also reiterate my gratitude to his Committee and its members for their continued interest in our collective efforts to improve the lives of children in and leaving care—a group of young people who are among the most vulnerable in our society and who have not always received the support that they need to overcome the difficulties they often face in making a successful transition to adulthood.

Before dealing with the specific points that have been raised by hon. Members in the Select Committee report and in the thoughtful contributions today, I will take a few moments to set out the wider work of the Government on our commitment to improve the lives of care leavers. As the Chairman of the Select Committee fairly set out, since 2010, we have put in place a series of measures that mean that young people who leave care receive more help than ever before. In 2013, we published the first cross-Government care leavers strategy, which illustrates the priority that the Government give to improving the lives of care leavers. It includes measures to improve care leavers’ access to education, training and employment; help to access appropriate benefits and health support; and extra support for care leavers who have unfortunately ended up in the criminal justice system. Many of those measures cut across departmental budgets.

The strategy was preceded by a number of important changes that were designed to improve the level of support that care leavers receive from their local council. We have made it clear in statutory guidance that all care leavers should receive support from a personal adviser up to the age of 21, or 25 if they are in education or returning to education, or if they have a desire to do so. We have introduced bursaries for those who are participating in further or higher education. We have pushed all local authorities to provide a setting up home allowance of at least £2,000. We have been responsible for the introduction of more than 54,000 junior individual savings accounts for children in care. We have made it easier for care leavers to access their social care records. I am pleased to report that the vast majority of local authorities have signed up to delivering the care leavers charter.

Since launching the care leavers strategy, we have continued to look at further ways to support care leavers. Most notably, we have introduced the “Staying Put” duty, which will allow thousands of children in foster placements to remain with their foster carers until the age of 21. We are providing local councils with more than £40 million over three years to implement the new duty. I will return to that later.

We have strengthened the Ofsted inspection framework so that it includes a specific judgment on the quality of care leavers’ services. As Ofsted told the Education Committee:

“The quality and suitability of accommodation for care leavers contributes significantly to the judgement that inspectors make on the experiences and outcomes of care leavers.”

As the hon. Member for Sefton Central (Bill Esterson) and my hon. Friend the Member for Calder Valley (Craig Whittaker) said, care leavers often have difficulties accessing mental health support when they need it. We are determined to address that problem and have announced the creation of the children and young people’s mental health and well-being taskforce to consider what changes are needed to improve outcomes for children and young people with mental health difficulties. Crucially, that work will include a focus on the needs of vulnerable groups, including those who have been in the care system.

[Bill Esterson]

I know that the Minister is aware of the shortage of CAMHS workers. He will appreciate that unless that is addressed, it will be difficult for him to live up to what he has just pledged. What work is he doing with colleagues at the Department of Health to ensure that there is an increase in the number of staff who are available to deliver what he has promised?

[Mr Timpson]

As is often the case, the strange dissection of responsibilities across Government means that ministerial responsibility for CAMHS resides elsewhere in the Department, but the Under-Secretary of State for Education, my hon. Friend the Member for East Surrey (Mr Gyimah) works directly with the Department of Health, through the taskforce, to look at what resources are required. In recent weeks, it has been announced that further money has been made available to improve the services that are available to children who have mental health problems.

Every party in the House recognises that the mental health services that are on offer to children, particularly those who are in care, on the edge of care or leaving care, are simply not good enough. That is why we need a fundamental review of how we commission, deliver and review the progress of children and young people who should have access to those services. We have made some significant changes to how we approach special educational needs—there is joint commissioning, and we are looking at a system that can be used from birth to 25—and we can learn a lot of lessons from that in how we deal with mental health services, particularly for children in care and care leavers.

As part of our commitment to improving services for care leavers, we have funded a number of projects designed to stimulate new and innovative approaches. For example, we have given funding to the Care Leavers Foundation to run the New Belongings project, in which care leavers play a central role by helping to identify barriers and find solutions to improve services in nine local authorities. I am pleased to tell the House that we will provide further funding to extend the New Belongings project. The second phase will be rolled out shortly and will involve embedding progress in those nine councils. It will also extend the project to more local authorities. We will also continue to fund the From Care2Work programme, which helps care leavers to get a foot in the door with some of our major employers, providing work experience, apprenticeships and employment opportunities. It is only right that we record the progress that has been made in recent years, but as the debate has shown, we clearly still have some way to go before every care leaver will be getting the support they need.

I turn to the specific issues that have been raised in the Education Committee report and by hon. Members today, beginning with the difficult but important issue of bed-and-breakfast accommodation. I agree with all Members, led by the Chair of the Education Committee, who have said that bed-and-breakfast accommodation is not suitable for care leavers. That is, of course, what the law says. However, as I said in our response to the Committee’s report, we do not think an outright ban is the right approach. We are not a lone voice—the chief social worker for children and families has said:

“A total ban on bed and breakfast restricts the ability of professionals to exercise their judgement in making best interest decisions about young people’s safety and welfare.”

The charity Catch22 has said:

“The reality is that there is a need for emergency, crash-pad accommodation for a very distressed young person who is in an urgent situation and needs accommodation. An outright ban could deny them access to much needed support in an emergency.”

That position is supported by the Association of Directors of Children’s Services and by the Local Government Association. The Care Leavers Foundation has said that it

“reluctantly concedes that permitting use of B&B in emergency situations is probably a necessary caveat, as there may be circumstances where in the absence of a B&B option a care leaver could potentially be at risk of street homelessness or being warehoused in a hostel.”

As I indicated to the Education Committee, in light of those concerns we want to test further the practical implications for local authorities if a total ban were introduced. We have started that process and are continuing to talk to relevant parties such as the independent reviewing officers group, Barnardo’s, Catch22, the Care Leavers Foundation, homelessness charities and others to better understand the issue. I know that the hon. Member for Strangford (Jim Shannon) raised that point.

We know that there are some excellent examples, which hon. Members have noted today. The hon. Member for Stockton North (Alex Cunningham) mentioned Hartlepool and other parts of the north-east, and Wiltshire has also managed to find ways to provide suitable accommodation without needing to resort to bed and breakfast, so it can be done. I should add that the Department for Communities and Local Government has provided £1.9 million to support local authorities in developing sustainable solutions to stop the unlawful use of bed and breakfast for families and children. The seven funded councils have achieved and sustained a 96% reduction in the number of households with children in bed and breakfast for longer than six weeks.