Education and Adoption Bill (Fourth sitting)

Bill Esterson Excerpts

Thursday 2nd July 2015 Public Bill Committees

[Edward Timpson]

I thank hon. Members for tabling amendment 8, which would require the Secretary of State to publish a statement of the criteria to be followed in selecting prospective adopters to assess.

I commend the motivation behind the amendment, which the hon. Member for Birmingham, Selly Oak has just articulated extremely well. While I have some sympathies with that thoughtful intent, I am concerned that it has the potential to be detrimental to children waiting to be adopted. It also might be detrimental to the hopes and dreams of prospective adopters, which must be avoided. I will explain why I believe that.

It is important that agencies prioritise the needs of children who are waiting and that they actively recruit, assess and approve suitable adoptive parents who can meet those needs. I am also conscious of the national picture and the need for agencies to work together for the good of children across the whole system. Too tight a focus on meeting the needs of a small group of children in one area at a specific time may well mean that an ideal prospective adopter for a child in another area might be missed, or have their hopes dashed by being told that they are not needed or do not have the skills to become an adopter. That means that the whole system, not just that agency, will lose a person whom we should treasure, as was said a few moments ago, for having taken a big leap of faith in putting themselves and their family forward for an adoptive placement.

[Bill Esterson (Sefton Central) (Lab)]

While we are debating this amendment, I take the opportunity to say that we had written evidence from Link Maker Systems making the point that getting arrangements wrong could result in the downside of too many placements. Multiple placements cause children additional emotional damage, making matters worse, not better. Does the Minister agree that the point of this probing amendment is to ensure that we do not end up making a situation worse? Getting the balance right is essential, and that is what my hon. Friend’s amendment, which was signed by a number of us, drives at.

[Edward Timpson]

As I said, I commend the motivation behind the amendment and understand its purpose. Of course we want to ensure that a balance is struck in every case between making a decision as swiftly as possible and basing it on good-quality evidence that there is enough support for the placement to be durable for the rest of the child’s life with that family. We know from research by Julie Selwyn at Bristol University that the adoption breakdown rate is only about 3%, which suggests that there are some good-quality decisions being made on matching children with the right families with the right support.

We will discuss during debate on future clauses how we can enhance the support required so that we do not see cases such as the ones highlighted in Julie Selwyn’s research, in which things go wrong and parents and, most importantly, children suffer the consequences. I have read of many similar cases and talked to adoptive parents in my constituency and in my role as Minister. We do not want to risk making that an even more frequent occurrence.

I reassure the hon. Member for Birmingham, Selly Oak about the rigour of assessment and approval. Anyone who has been through the process of becoming an adoptive parent will know that it is a warts-and-all exercise, and that every aspect of their life is scrutinised from every angle. Not just the prospective parents but people who know them or who might have met them once have a part to play in building a picture of who they are as individuals and as a family, what challenges they face in their own lives and whether they have what it takes to take on the exciting but often challenging role of an adoptive parent.

Back in July 2013, we introduced the new framework for assessment and approval of adoptions, so that we could get the balance right between ensuring the required rigour of scrutiny and doing things in a timely manner, so that those who have taken the decision to put their names forward get the chance to build up a relationship of trust and feel that they are sharing their information securely, while being fully aware of what they are embarking on. That framework has now been in place for almost two years, and no signs have come to light that the assessment and approval process is not working well. We have ensured that the earlier part of the adoption process is well supported, with an additional £200 million to local authorities in the last Parliament to achieve that.

Of course, local authorities and their voluntary agency partners, and the new regional adoption agencies, will be best placed to know the needs of the children waiting in each area. Introducing regional adoption agencies means that agencies will be able to match the needs of children waiting with prospective approved adopters far more effectively. In addition, the Adoption Leadership Board collects and publishes data to help individual agencies see the regional and national picture of children and adopters waiting in other areas. I am sure the hon. Gentleman had the best intentions, but the publication from the centre of specific criteria for recruiting adopters at the level of detail required would not be helpful. I therefore hope that, having given him that reassurance, he will withdraw the amendment.

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[Mrs Emma Lewell-Buck (South Shields) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Chope. Amendment 9 is about ongoing support for families who adopt. There is a danger that a successful adoption placement is often considered the end of the story when it certainly is not. Although it is wonderful when a child is placed with a new family, we should never fool ourselves into thinking that their story ends there or that the case is closed. Matching a child or children to their adoptive parents begins with a paper match when the profiles of the adopter and the child are perceived to work, but a real assessment of that match can only happen when the introductions begin. No matter how well a child is matched to their adoptive parents, the process of bonding is never easy and there will always be challenges. Likewise, for adults who adopt, the difficulties of parenthood are joined by extra challenges when they have not lived with the child from birth. If that child has been attached to multiple foster-carers, they will take even longer to attach to their new family.

Children who have experienced instability in early life and have been through the care system are more likely to develop mental health issues. About 45% of children in care experience a mental health disorder, compared with 10% of the general child population. In the worst-case scenario, those combined factors can lead to adoptions breaking down and we should do everything that we can to avoid that, which is why it is essential that families who adopt get the ongoing support that they need after the adoption process is completed.

As my hon. Friend the Member for Birmingham, Selly Oak said, needs assessments for families detail the support that is needed but, in practice, those assessments are often stored away in a filing cabinet and the support is never provided. A family in one area may get ongoing counselling and support but another family with the same rights, who have a child with similar, or even more, needs receive nothing. That kind of inconsistency is just not acceptable and it is bad for families.

It is in no one’s interests for an adoption to break down. The local authority will have put years of work and substantial resources into finding an appropriate placement. Breakdown is the worst-case scenario. For many more children, the transition into their new home is made more difficult than it should be.

There is a gap in post-adoption services. Just as proper support services can prevent family breakdown and the need for adoption in the first place, ongoing support can prevent adoptions from being disrupted and can keep families together. The Bill needs to reinforce the responsibility of local authorities to meet the needs of the adopted children and their parents, which is why I am supporting the amendment.

[Bill Esterson]

I, too, have my name on amendment 9. I want to comment briefly on the identified support needs of adopted children.

As my hon. Friend the Member for South Shields said, there is often a lack of services for supporting mental health problems. Perhaps the Minister will take on board her well-made point about the need to improve child and adolescent services, particularly for children who end up in the care system. For those of us who have adopted children, the lack of ongoing support can make the process even harder. From personal experience, I can say that the promise of ongoing support by the placing authority is not the same as its delivery once the child is adopted.

An area of concern that has recently come to my attention is the damage done by alcohol consumed by mothers during pregnancy. The damage caused to babies by foetal alcohol spectrum disorders can continue for their whole lives, as the brain damage is irreversible. In this country, we are only recently coming to realise how much of a problem foetal alcohol spectrum disorders are. One estimate is that 7,000 children are damaged each year in that way, but the true figure may be much higher. The all-party group on foetal alcohol spectrum disorders was formed just two days ago—I happen to be its chairman. [Hon. Members: “Hear, hear.”] Thank you. I urge all Members to follow our work in raising awareness and attempting to improve support. A high proportion of the children who are damaged by alcohol during pregnancy end up in the care system, and a significant number end up being adopted. The members and supporters of the Foetal Alcohol Spectrum Disorder Trust and other groups that are supporting the APPG are often people who have adopted children who have been damaged by alcohol during pregnancy.

There is a need for better identification—that is certainly true in the context of adoption—and for much greater support. The evidence I have seen shows that behavioural problems among children who end up in care or being adopted, with which we are all familiar, are far worse among children who have foetal alcohol spectrum disorders. I want to draw the Minister’s attention to that serious problem. The problem is not growing, but awareness of it is, so perhaps he will refer to it in his response.

Amendment 12 states:

“the Secretary of State shall consult children who have experience of adoption functions, adopters and such persons as he considers appropriate.”

I think that we mentioned in passing on Tuesday that we may have been remiss in not hearing evidence from children and young people. I repeat that comment now. It would have been a good idea had we had written or, in particular, oral evidence from children and young people themselves.

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[Edward Timpson]

I chaired both.

[Bill Esterson]

I thank the Minister. He chaired both groups, so he is well aware of the good practice over a number of years of taking evidence from children and young people.

[Caroline Nokes (Romsey and Southampton North) (Con)]

I commend the hon. Gentleman for the work that he has done, through various all-party groups, for looked-after children or children in the care system. He will have listened to evidence from care leavers as a member of the Education Committee in the previous Parliament. Does he agree that it is not simply children currently in care who need a voice, but those who have recently left it?

[Bill Esterson]

The hon. Lady is absolutely right. We served together on that Committee in the previous Parliament. We held inquiries into leaving care and the quality of 16-to-19 care options and, indeed, a further inquiry into residential care. Previously, there was an inquiry into child protection. All those things are in the space that we are discussing under this aspect of the Bill and all will probably lend themselves to slightly fuller discussion under some of the other amendments. She is right to say that we should listen to what those who have left care have to say about their experiences. The experiences and life chances of children and young people who end up in the care system, whether they go on to be adopted or, we hope, into other forms of permanence, are affected very much, and for the same reasons. As parliamentarians looking to get this right for that group of children and young people, we should take every opportunity to listen to what children and young people and in particular, as she says, care leavers have to say.

[Mrs Flick Drummond (Portsmouth South) (Con)]

May I make this point while we are talking about children and, in particular, adopted children? There should be some flexibility in relation to the visits by social workers after the adoption, particularly in the early days, because quite often the social worker’s visit creates the fear that they might be taken away again. We need flexibility on how this is done, which is why I will not support the amendment. There needs to be a wide variety of ways for local authorities to perform the function. I know from personal experience that children get very upset if they think that there will be frequent visits by social workers or there are laid down guidelines. I would like to see much more flexibility.

[Bill Esterson]

Yes, and I realise that the hon. Lady has her own experience of these matters. When social workers become involved, which from time to time is right and proper—I am sure that she was not suggesting otherwise— what is important is continuity and that relationships between children and social workers and between families and social workers are, as far as possible, built on a basis of trust and longevity. A breakdown in trust between children and adults is one of the problems that lead to challenges as children grow. Often, what one social worker or professional may say to a child is contradicted by subsequent events. It is very important—I know that the Minister is aware of these matters—

[Steve McCabe]

I am very conscious of the point that the hon. Member for Portsmouth South has just raised. I simply want to suggest to my hon. Friend that, of course, consultation does not have to mean a social worker visiting someone’s home. In fact, that is a classic old-fashioned social worker view of consulting someone. Consultation could mean a variety of models employed by social workers or others to ensure children who have particular experiences can share them with the rest of us, so that we learn and do better next time.

[Bill Esterson]

My hon. Friend is of course right. There have been suggestions about how to ask children for their views without putting them in a situation where they are uncomfortable or stressed, as the hon. Lady indicated. Good practice can be taken on board; I know the Minister is aware of some of that good practice, so perhaps he can refer to it in his closing remarks. I want to draw attention to the fact that the amendments raise important issues about a child-centred approach that takes in such considerations. I am pleased that we have been able to discuss them in this way. I look forward to his response.

[Edward Timpson]

I would like to speak to amendments 9 and 12 and proposed new clause 1. As we have heard, the amendments concern the functions that can be included in a direction, in particular about the adoption support function. The new clause would require the Secretary of State to report on the fitness of agencies to deliver the functions. Amendment 9 would add

“support identified in needs assessments of adopted children”

to the list of functions that can be included in a direction under the new clause. Amendment 12 would require consultation with children, adopters and other relevant people before any amendments to the type of local authority functions that could be included in a direction. The new clause would require the Secretary of State, before giving a direction, to commission and publish a report on the fitness of the authorities and agencies that he or she intends to direct. It would also require the assessment to consider specifically agencies’ ability to deliver support for education and adult employment for adopted children, mental health assessments and support services, and matching services.

I am grateful to the hon. Members on both sides who contributed to the well-informed debate on the amendments. I can understand the reasons why the amendments were proposed; it is certainly imperative that we ensure that the list of functions that regional adoption agencies can deliver is the right list and, as the Committee would expect, I wholeheartedly agree with the ambition to ensure that those carrying out adoption functions are fit to do so. That is particularly true when it comes to the needs of adopted children and their families for good, timely adoption support services.

Let me turn first to that last point, which is particularly raised by amendment 9. The amendment would add the wording proposed to the list of functions that can be included in a direction under the new clause. The amendment seeks to ensure that local authorities are under a duty to provide the adoption support identified in the needs assessments of adopted children. I should note that the wording does not describe an existing function and therefore it cannot be added to a list of functions in the way proposed. The clause already enables the general adoption support function to be covered in any direction. However, I fully appreciate the hon. Members’ reasons for proposing the amendment and seeking to ensure that local authorities are under a duty to provide adoption support identified in needs assessments of adopted children. As the hon. Member for South Shields said, we can all see the strong moral argument for providing high-quality support to children and families who are dealing with the impact of early abuse and neglect. There is also a strong financial imperative, for obvious reasons.

It is in no one’s interests for adoptive placements to falter, or even break down, in ways that could have been avoided had good support been available at the right time. I know from my family’s experience of adoption that unless there is support and a good assessment of the needs of not only that individual child but the family coping with the fallout from that child’s early life experiences, it can cause unnecessary harm and damage to the prospects of that family. It is also the support that will best ensure that the underlying causes that have created the behavioural difficulties, outbursts or friction in the family are understood and dealt with.

That is precisely why I was determined to establish the adoption support fund, which rolled out this year. We are providing more than £19 million of funding to support adopted children and their families. That means that when local authorities assess the needs of adopted children they can now draw on the fund to provide a wide range of support services. I am delighted that already more than 250 families have been supported through the fund since it began in May, accessing around £1.5 million of the overall funding pot.

As I argued during the passage of the Children and Families Act 2014, I believe that the adoption support fund is a better solution to the ongoing challenge of meeting the needs of adopted children and their families, compared with imposing a duty to provide on local authorities. By adding significant extra money into the system, the fund will help both to improve access to adoption support services and build provision of those services. It will enable local authorities to assess properly and not be tempted, as they could be under a duty to provide, to under-assess, and do it consistently in the knowledge that there is an additional source of funding to pay for packages of support.

In addition, we expect that the fund will help to stimulate the opportunity for adoption and support providers to grow by acting as a commissioner of services. Those benefits would not have been realised through a duty to provide.

I shall take this opportunity to share with the Committee one of the stories that have already started to emerge from the adoption support fund, about a family that has benefited. The family said that Jacob had settled really well into his family but, as a result of experiencing parental drug use, domestic violence and neglect in his birth family, he had been having some emotional problems at home and school. An application was made to the adoption support fund and, as a result, Jacob, his mum and dad are taking part in a course of Theraplay. The money provided by the adoption support fund has meant that the therapy has been able to happen quickly in their home town and is delivered by a worker whom they trust. That opportunity has had a significant impact on the family and it means that Jacob has the best chance to settle into his school and continue to be loved and secure in his family. That is exactly the sort of outcome that we hoped for when we set up the fund at the beginning of last year.

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[Edward Timpson]

I assumed that the hon. Gentleman did not refer to amendment 12 because his argument was so strong that he did not think he had to make it. I took the opportunity to respond to the amendment, but I thank him for his clarification. I have set out the direct conversations and dialogue that the Department and I have with children and young people, which is an important part of the consultation.

In relation to decisions on adoption, adoption support and the functions there may be in any part of the country, we have the Adoption Leadership Board, which comprises the Association of Directors of Children’s Services, Adoption UK, the British Association for Adoption and Fostering and others. Each region has its own leadership board. Those charities and boards are excellent forums through which to elicit exactly that type of knowledge, so that when we consider the vision of adoption support, it reflects the needs and desires of the children who will benefit from the fund and the support that flows from it.

Crucially, the whole design of the regional adoption agency approach is based on the need of children, adopters and agencies to eradicate unnecessary delays and inefficiency. Successful matching relies on being able to access a wide range of potential adopters from the beginning. Operating at a greater scale will allow social workers to do that, which will help reduce delays. The evidence is overwhelming that delays in the system cause lasting harm to vulnerable children. As Professor Julie Selwyn found,

“delay…has an unacceptable price in terms of the reduction in children’s life chances and the financial costs to local authorities, the emotional and financial burden later placed on adoptive families and future costs to society”.

We will, of course, expect regional adoption agencies to factor in adopters’ needs and views when they are developing their delivery and practice models. We are already demonstrating our commitment to ensuring that the voice of users is able to influence service provision in adoption. On top of the leadership boards, we are currently grant-funding Adoption UK to improve the adopter voice across the adoption system, and particularly to engage with agencies on a range of issues, including prospective adopters’ experience of matching. We expect that learning to feed in to the development of regional adoption agencies. Having listened to hon. Members this afternoon, I will take the opportunity to discuss with Adoption UK and others how they can make the voice of adopted children somewhat more prominent in their work, so that we get as good a picture as possible.

Finally, I turn to the proposed new clause. I will not speak at length as I have covered a number of the relevant points, particularly about what we are doing to ensure strong adoption support to adopted children and families. As hon. Members would expect, I wholeheartedly agree with the ambition to ensure that those carrying out adoption functions are fit to do so.

I also agree that supporting adopted children through their education, into employment, in their mental health and in the original matching decisions is vital. I commend the hon. Member for Sefton Central on the formation of his new all-party parliamentary group on foetal alcohol syndrome because that remains a feature of the lives of far too many children and it needs to be tackled. I welcome his interest and look forward to hearing of the work of his group in due course.

I reiterate that the purpose of the adoption clause in the Bill is to ensure that adoption services are provided at the right scale and to a high quality.

[Bill Esterson]

I thank the Minister for his words about the APPG, and take the opportunity to invite him to give evidence to the inquiry that we will hold in the autumn.

[Edward Timpson]

I will look forward to receiving the hon. Gentleman’s letter.

I firmly believe that the process of moving to regional adoption agencies provides opportunities to tackle the geographical barriers in the system and to build on existing strong practice while eradicating weaker practice. Our implementation approach, set out in the now seminal “Regionalising adoption” paper published last month, is clear that improving the way we deliver adopter recruitment, matching and support functions is a central aim of the programme.

Any directions that we issue to local authorities will be based on the need to form regional agencies that can operate on a more efficient and effective scale and deliver an excellent standard of practice. This is also an opportunity for authorities and agencies to innovate and consider the wider benefits of regionalisation, including, for example, the development of regional centres of excellence for therapeutic support, which agencies could make available to looked-after children as well as those who have left care through adoption. It is worth noting that local authority duties for adoption support remain unchanged, even if they are delivered through a regional model. We strongly believe that regional adoption agencies will improve children’s outcomes, and we are delighted that many in the sector have expressed their support. There are many benefits to regionalisation, not least enabling children to be matched with their forever family more swiftly and giving providers the confidence to expand their adoption support services so that vital services are widely available and provide better value for money for the taxpayer.

We are determined to make this work. We are absolutely committed to working with all those who have an interest in developing regional adoption agencies, in order to ensure that the structure and quality of service delivery are set at the right level, and that voluntary adoption agencies form part of that solution. We will provide financial and practical support to those who volunteer to rise to the challenge of transitioning to new arrangements. If it proves necessary to use these powers, we will need to ensure that all new arrangements are fit for purpose. Agencies will, of course, continue to be subject to Ofsted inspections. The Bill includes a power for the Secretary of State to issue a direction to terminate arrangements, that could be used where there are concerns about a regional adoption agency.

I hope that I have provided reassurance, and in view of my earlier points, I urge the hon. Member for Birmingham, Selly Oak to withdraw his amendment.

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[Steve McCabe]

I confess that when I first drafted this amendment, I sought to include the words “special guardianship orders”, “fostering”, “kinship care” or “a return home” because I was anxious that somewhere in the Bill we had the opportunity to debate those matters that so many people feel have been missed as a consequence of the Government’s decision to draw this legislation so narrowly. I think that the subsequent amendments address those points.

We heard Mr Elvin say that the most significant change he would like to make to is to substitute the word “permanence” for “adoption” throughout the Bill. Mr Andy Leary-May suggested to the Committee that the problems with finding suitable foster parents are similar to those associated with finding suitable families for adoption. Mr Thornbery of Adoption UK told the Committee that we needed to move from a focus purely on adoption agencies to looking at the broader issue of permanence arrangements.

For all the Minister’s good intentions, this is what he risks getting wrong with the Bill. As the Court of Appeal indicated in its 2013 judgment, Re B-S (Children)—the case was that of a mother seeking leave to oppose the adoption of two of her children—a court must consider all available options when coming to a decision, and evidence, including a proper analysis for and against adoption, must be presented to the court.

As Mr Elvin suggested in his evidence, by separating adoption from other forms of permanence, the Government risk elevating it to a special status of greater importance. That would make it difficult to comply with the requirements of the courts. We must surely ask how one model of permanence—one that, as we know, accounts for about 5% of the children in the system—can be of much greater importance and significance than any other. Surely, in each case, we want a permanence arrangement that is in the best interests of and affords the greatest prospect of a secure and loving family environment for that child or those children.

My own experience is that that can sometimes be achieved with the child’s natural parent or parents, but that often requires a lot of support from the authorities, and, as I said earlier, sometimes does not work out. That is exactly the point made by the president of the Court of Appeal in the judgment that I mentioned. Sometimes, there can be no realistic prospect of a return to the natural parent or parents, but there are wonderful examples of grandparents or other relatives—including older siblings, aunts and uncles—who take over care and provide a loving home for the child, allowing them to retain a family link and some cultural connections. We should value and promote those models of permanence just as much as adoption. Likewise, we should not underestimate the contribution of long-term fostering.

With the amendment, I therefore seek to ensure that, whatever arrangements the Minister decides to put in place for adoption, they do not happen in isolation, divorced from other models of permanence, with adoption as the Rolls-Royce model and all other options relegated to an inferior position. He has said little about his plans for other permanence arrangements, so I hope that he will respond to the amendment in the spirit in which it is intended and tell us briefly of his plans for those. I also hope that he will assure us that he values grandparent and other forms of kinship care just as highly as adoption and that the best interests of the child are at the core of all his ambitions in this regard.

I think that I have gone as far as you will allow me to within the scope of the amendment, Mr Chope. I hope that the Minister is clear about what I am asking him to consider, so I shall leave it there.

[Bill Esterson]

My hon. Friend finished his contribution by saying that whatever we do must be in the best interests of the child. His comment says everything about what we should do for vulnerable children and children who end up in the care system, whether or not they are adopted. Everything we do should be done with that in mind. The principle of paramountcy matters above all else. The interests of the child should come above the interests of any adult. That is why these three amendment are important. I put my name to amendment 11. It seems that I was slightly more fortunate than my hon. Friends on the Front Bench, in being allowed to use the term “foster care” in my amendment. My hon. Friend the Member for South Shields went further and managed to get “kinship care” and “residential care” in her amendment.

[Mrs Lewell-Buck]

Job done.

[Bill Esterson]

Indeed.

I have a sense that the Bill is a missed opportunity, and I said as much on Second Reading: it

“raises concern that adoption is being considered the gold standard”—[Official Report, 22 June 2015; Vol. 597, c. 647.]—

at the expense of other forms of permanence. That point has been put to me on a number of occasions. Let us bear in mind than only a very small number of children end up being adopted. The best way forward for the much greater number—in excess of 90%—of children who end up in the care system is to be kept with their families, perhaps extended family, with special guardianship orders or in foster or residential care. It is a great shame that the Bill does not pick up on that. We heard in evidence that point being made in one way or another by a number of witnesses. Annie Crombie was probably the first witness to touch on it when she suggested that it is only right to think more broadly and not think only about adoption:

Many of the voluntary organisations that work in this area provide services across more than just adoption; some do not, some are very adoption-focused, but many do.––[Official Report, Education and Adoption Public Bill Committee, 30 June 2015; c. 47, Q10.]

Most of her remakes were about adoption, but she also made that point.

The other witnesses spoke in more detail. When Andy Leary-May spoke about the challenges in adoption that the Bill was trying to address, he mentioned that there are barriers within fostering, too. The essence of his remarks was that, by focusing only on adoption, there was a danger of missing a

“large part of the picture”––[Official Report, Education and Adoption Public Bill Committee, 30 June 2015; c. 56, Q25.]

When I asked him and the other witnesses on that panel about the Bill’s impact on other forms of permanence, he made the point that a number of local authorities have already created permanence teams and he expressed the concern that, unless the changes the Government are considering are carried out very carefully, they may create what he called “a separation”. I think that he was saying that there is a danger that we will damage existing services, and that is what my amendment seeks to avoid.

[Steve McCabe]

Is it not the case, and the pertinent point of my hon. Friend’s amendment, that if we continue to focus energy and resource on adoption to the exclusion of other permanence options—I am thinking of the £16 million for the expansion fund and the money for the adoption support fund—and if there is no move to permanence teams and we continue to focus the resource in this fashion, eventually people will conclude that adoption is the only option and the other options will wither on the vine because they will be squeezed out of the system?

[Bill Esterson]

There is a danger of that, and it is right to highlight the danger. The last thing I wanted to do in tabling the amendment was to undermine any good practice, and that was not what my hon. Friend was seeking to do, either. However, it is only right and proper that we express the concern that if all the focus, attention, energy and resources are directed towards something called adoption when that is not necessarily right for the child, other forms of permanence will not receive the same support and the best life chances for children and young people will not be provided.

We are all familiar with the very sad state of affairs that large numbers of children in care end up in the criminal justice system. They end up not getting good results at school. They find it difficult to establish stable relationships in adult life and find it difficult to get decent, well-paid employment. We have already talked about the mental health problems that young people in care suffer. All those indicators, all those problems, start early in life. The damage is done in the early years, is it not? So we should invest in support for children and young people as early as possible to improve their chances later in life.

If we focus only on adoption, we are focusing, sadly, on the few. I certainly do not want that to be at the expense of the very many for whom, sadly, the end result is as I have described, despite a lot of investment, intervention and good work by dedicated professionals, volunteers and people who act as formal or informal carers, with the support of people in schools, the health service and beyond. There is massive investment and support over many years, yet there is a stubborn lack of improvement in the life chances of this group of children and young people, with a considerable cost not only to their life chances but to society. The cost of young people who end up in the prison system is enormous. We need to consider the numbers who come through the care system first. If only there was a way of reducing those numbers, it would make an enormous saving further down the line, so my hon. Friend is absolutely right to raise that point.

We heard evidence from a number of witnesses. I have quoted Andy Leary-May already when I was talking about permanence teams. He called for the Bill to look at other forms of permanence in full. Another witness, Andy Elvin, an experienced adopter, was able to give evidence from a personal perspective, and we should listen carefully to that. He made the point that we cannot overstate the importance of early, stable and permanent placements. He talked about concentrating not on one solution—the Bill refers only to adoption—but on permanency. When asked by my hon. Friend the Member for Cardiff West what change he would make to the Bill, Mr Elvin said that he would substitute the word “permanency” for “adoption”. Improving the outcomes in all permanence options would make a big difference. That improvement would make the legislation right. He said that this was not about adoption numbers but about increasing the quality of permanence. He spoke of the value of special guardianship orders and foster care, and urged us to consider how we, as a Committee, could help with those permanence options.

It is, of course, important that we do the best we can for those who are adopted. A number of Members have spoken about Julie Selwyn’s research, which showed that adoption is on the whole a very good thing for children. Hugh Thornbery, who also mentioned that research, made the point that while adoptive families struggle through tough times and survive them, adopted children still have very challenging needs. To paraphrase his evidence, it is clear that adoption offers a greater chance of stability, hence the low number of breakdowns in placements—3%—that we have talked about a number of times. However, if adoption is the solution for only 5% of children who end up in care, how do we ensure that we provide solutions that give the other 95% the best chance of permanence and stability, so that they can make the best of their lives and we do not end up with the poor outcomes that I mentioned for so many children and young people?

[James Berry (Kingston and Surbiton) (Con)]

Does the hon. Gentleman recognise that the Government are, in fact, very concerned about all the different forms of permanence? The Bill focuses on one such method—adoption—without in any way devaluing the other forms of permanence. It is appropriate to do so when, as Sir Martin Narey pointed out, there has been a massive decline in adoption since 1975.

[Bill Esterson]

We also heard evidence that there has been a worrying fall in the number of children being adopted recently.

[Steve McCabe]

Does my hon. Friend also recognise that Opposition Members have been pursuing the matter because this is the Government’s second bite of the cherry on adoption in less than a year? We have yet to hear the Government make proposals for other forms of permanence. It is fair to say that there has been a fall-off since ’75, but there has been a much more recent levelling-off of adoption. We need to know exactly what that is about. The danger of legislating in isolation is that we might not learn those lessons.

[Bill Esterson]

That is absolutely right. Whether it is about adoption or other forms of permanence, we have to find more people to come forward to look after children. In my experience, there are many things we could do to make it easier and more attractive. The issue of support came up in the evidence, for example. We need to improve support for adopters or others who care for the children who end up in the care system.

[Kevin Brennan]

Would my hon. Friend care to commend the Adoption and Children Act 2002, which dealt with measures to improve adoption, but also took the trouble to introduce—by amending the Children Act 1989—special guardianship orders? They should surely be included in any debate or legislation about adoption in order to get a proper picture of all the permanency options available.

[Bill Esterson]

Yes. We heard evidence from Andy Elvin about the increase in the number of children who are subject to special guardianship orders, so something is clearly working for those children, and he said that the outcomes were just as good.

We have 65,000 children in the care system, and we might have a piece of legislation that deals only with 3,000 or 4,000 children a year. Although it is important and right that we do as well as we can by those 3,000 or 4,000, we must do something for the other 61,000 or 62,000 as well. My worry is that this is a missed opportunity. It is a second missed opportunity, as my hon. Friend has reminded us. Perhaps the Minister will tell us when the Government will introduce equivalent proposals to address the support for the much larger group of children and young people—the 61,000 or 62,000—who are not covered by the provisions in the Bill.

[Mrs Lewell-Buck]

I would like to speak briefly to amendment 11 tabled by my hon. Friends and to my own amendment 26, which at this stage is a probing amendment.

I and my hon. Friends the Members for Birmingham, Selly Oak and for Sefton Central have said before that the Government treat adoption as a special case and focus on it at the expense of other approaches. There is a danger that clause 13 could go even further in setting adoption apart as a preferred option, relegating other types of permanence arrangements to second-order solutions. That would be a mistake.

At the very least, there is a danger that, because the reforms are applied to adoption services only, the process for adoption will be separated from other forms of permanence such as fostering, kinship care, special guardianship or long-term residential care. Such options exist because, as we all know, the job of finding a home for a child is never routine, and children’s needs and family circumstances are far too varied for one single answer to be applied in all cases.

If clause 13 is to be effective, fostering and other arrangements need to remain properly integrated with adoption. We cannot have a two-tier system in which the process for adoption differs from that used for fostering or kinship care. That is a sure way to create a disjointed procedure and encourage confusion and delay.