Education and Adoption Bill (Third sitting)

Bill Esterson Excerpts

Thursday 2nd July 2015 Public Bill Committees

[Bill Esterson (Sefton Central) (Lab)]

It is a pleasure, as ever, to serve under your chairmanship, Mr Chope. I look forward to our deliberations over the next couple of weeks.

As my hon. Friend the Member for Birmingham, Selly Oak has said, the amendments raise the question why the powers are needed. Like him, I have every faith in the Minister. He has been an excellent Minister for Children and Families for several years. He brings to the role a great deal of expertise in both a professional and personal capacity. Everybody in the sector and in this Parliament would acknowledge his good will on this subject and on many others. I served with him on the Committee that considered the Children and Families Bill in the previous Parliament, which discussed many measures to improve the outcomes for looked-after children and to improve adoption, and we have discussed such measures on other occasions.

Like my hon. Friend, I am curious to know why the Minister feels it necessary to have the power in clause 13 to give directions, rather than to make orders as the amendment suggests. As we have heard in the evidence sessions and as we have seen in the written evidence, there is already very good practice around the country. For many years organisations have formed consortia that address the issues referred to in clause 13. Those consortia fulfil the functions referred to in new section 3ZA(1) and detailed in new section 3ZA(3)—the recruitment and assessment of persons as prospective adopters, the approval of prospective adopters, the crucial decisions about matching adopters with children placed for adoption, and, as we heard in evidence, the crucial support for adoptive families after placements have been made. The question that readily springs to mind from my hon. Friend’s comments and the evidence that we heard on Tuesday is, if good practice is already in place, why do we need to go as far as to allow the Minister or his successors to give directions?

[Steve McCabe]

Does my hon. Friend think that the proposition could have the perverse effect of destabilising the arrangements that the Minister seeks to put in place? We could have voluntary arrangements working throughout the country and, if the Minister were to intervene and use his powers of direction in a particular situation, he might inadvertently send a signal to those arrangements that were working that says, “What you have isn’t quite what he is looking for.”

[Bill Esterson]

Some of those who gave oral evidence on Tuesday made a similar point. They were concerned that directing changes when existing arrangements were working well and to the benefit of children coming forward for placement could undermine those children’s quality of placement and indeed their life chances. We therefore need to tread extremely carefully. I suspect that that explains why the Minister and others have said that they are aware of that danger and, therefore, they do not intend to use those provisions. If they do not intend to use them, why put them in the Bill in the first place?

We heard in evidence some of the concerns picked up by consortia throughout the country, which included the challenge of finding suitable prospective adopters for children who are not in the same geographical location, with all the potential difficulties that arise from not being near to the birth family or others once an adoption placement is made and, as my hon. Friend the Member for Birmingham, Selly Oak said, the dangers of interrupting existing good practice. To return to his intervention, without wishing to risk a further intervention from the hon. Member for Kingston and Surbiton—

[Steve McCabe]

He might charge us.

[Bill Esterson]

As long as he does not charge me, I will be more than happy. Without risking a further intervention or wanting to challenge his legal expertise or that of the other lawyers in the room—

[Graham Jones (Hyndburn) (Lab)]

Too many!

[Bill Esterson]

It is amazing how many lawyers find their way into this place, but it is probably time to move on from criticising the legal profession.

My hon. Friend the Member for Cardiff West made the important point that we should avoid delays by any means—let alone the risk of judicial review—given the importance of permanence, of the attachment of young people coming into the care system and of the need to make swift decisions about where a child should be placed and whether every effort should be made to keep them with their birth parents or within the extended family, or whether another form of permanence is right for them. Coming back to the Children and Families Act 2014, one thing that the Minister has rightly focused on in his efforts over the past few years is increasing the speed of decision making. It is important to ensure that a child has the certainty of permanence, and any delay is to be avoided as much as possible.

[Kevin Brennan]

I hope that the Minister will accept the amendment, because it is sensible, but if he does not, should he not at the very least be prepared to replicate in his response Lord Nash’s remarks in the other place, which my hon. Friend the Member for Birmingham, Selly Oak quoted? Should he ensure that there has been proper information, consultation and so on before he issues such draconian orders?

[Bill Esterson]

My hon. Friend is right. Every effort should be made to ensure that existing good arrangements are kept in place and are not disturbed, that any changes are an improvement on existing arrangements and in particular that good practice—there is much good practice around the country and internationally—is shared so far as is possible. Through that, we can keep in mind what I am sure everyone on the Committee and in the sector is committed to: doing the right thing for the children who come into the care system, whether that is adoption or other forms of permanence.

[Edward Timpson]

I think it is a stroke of luck that we once again find you, Mr Chope, chairing an important Bill on children and families, as you did in the previous Parliament. I am grateful to Opposition Members, particularly those who have spoken and who have put their names to amendments. The amendments in this group would require the Secretary of State to seek approval from both Houses of Parliament on any proposal for joint arrangements.

Before I get into the meat of the issue, I acknowledge the role that the hon. Member for Birmingham, Selly Oak played in the previous Parliament in scrutinising legislation on adoption and children in care. I am grateful for the constructive and helpful way in which he went about his business, which helped improve that legislation. I am sure that the way he approaches this Bill will have a similar effect.

It is true that I looked at the theory of Freakonomics and discovered that I had a less than 10% chance of finding myself in exactly this position again. Be that as it may, I intend to make the most of the opportunity that I have been afforded, starting with the Bill before us.

Before I speak to the amendments, I will briefly outline the thinking behind clause 13, because the hon. Member for Sefton Central has asked why it is needed. I will also outline the approach to implementing regionalisation in adoption. It is right to point out at the outset that the clause was in the Conservative manifesto, which the Government were elected on, and we intend to fulfil its contents. After much effort by myself and others, the creation of regional adoption agencies found its way into the final draft of the Bill.

[Edward Timpson]

I am sure that the hon. Gentleman has read the Conservative manifesto from cover to cover, so he will be familiar with the content on our intent to set up regional adoption agencies. The issue now is how we put them into practice and provide the underpinning to ensure that we fulfil that intent in this Parliament, which is why we are discussing the clause. The existing adoption system is highly fragmented, with around 180 agencies recruiting and matching adopters for only 5,000 children a year. Many agencies are operating on a very small scale, which, as well as being inefficient, leads to too much ineffective practice across the system.

The hon. Member for Sefton Central—I thank him for his kind words and continued interest and deep involvement on these issues—asked why we need the clause if there is already good practice in place. I remind him of what Carol Homden of Coram told the Committee on Tuesday:

“There is huge variation in performance between different agencies across the country, which results in a postcode lottery for children. It is important that we bring together the agencies and organisations in the pursuit of excellence and best practice for all children.”––[Official Report, Education and Adoption Public Bill Committee, 30 June 2015; c. 43, Q106.]

That is exactly what we are seeking to achieve through regional adoption agencies—to help address those issues.

[Bill Esterson]

I agree with the Minister—there is wide variation and we clearly need to improve quality. How often does he envisage applying the clause? Earlier, he said that it was not his intention to use it very much at all, so will he give us a sense of how often he thinks he will use it?

[Edward Timpson]

I am sure that the hon. Gentleman will appreciate that our approach to this issue is to ensure that there is local development of regional adoption agencies, based on those working on the ground and their knowledge and experience of how best to meet the challenge. We do not want to presuppose the amount of intervention that may be required to ensure consistency across the country. If we were to do so, as Sir Martin Narey made clear in evidence to the Committee, there is the danger of a top-down approach that would not bring about the best organisation of the different agencies. If those agencies are organised in the right way, we know that that will improve the three issues that the clause addresses, namely recruitment, matching and support. I will discuss those issues later on in my remarks, so the hon. Gentleman will have to be patient and learn more about the work that is already going on with local authorities and voluntary adoption agencies so that they can provide solutions themselves rather than being dictated to from the centre.

I will address each of the three issues—matching, recruitment and support—in turn. There is still an average of eight months between placement order and match. That is far too long. Research on family finding and matching by Professor Elaine Farmer found that in 30% of the cases looked at the delay was associated with an unwillingness to seek a family outside a local authority’s own group of approved adopters. Successful matching relies on looking at a wide range of potential adopters from the very beginning.

Despite impressive increases in the numbers of recruited adopters, there are still too few who are willing and able to adopt harder-to-place children. Recruitment from a wider geographical base than an individual local authority, taking account of the needs of children across a number of local authorities in a regional recruitment strategy, could lead to fewer children waiting.

At the moment, we know that the special support that many adopted children need is simply not available in their area because the number of adopted children is too low. Assessment and commissioning of specialist support on a regional scale will allow providers to expand their services and provide better value for money for the taxpayer, while also helping to ensure that all adoptive families receive a consistently high quality of assessment and provision.

To realise each of those improvements, we want to support local authorities and voluntary adoption agencies in delivering regional adoption agencies. We are absolutely committed to working closely with them to achieve just that. That is why we are providing £4.5 million of support in 2015-16; we wish to help early adopters of the regional adoption agency model accelerate their development and early implementation.

To answer the question put by the hon. Member for Sefton Central, we are confident that councils will step up and grasp the opportunity to improve their adoption services. As Sir Martin Narey said on Tuesday,

“I have yet to meet an adoption manager or director of children’s services who does not think that this is something that could make things better.”––[Official Report, Education and Adoption Public Bill Committee, 30 June 2015; c. 44, Q107.]

However, we recognise that we cannot be totally sure that all local authorities will voluntarily move to regional adoption agencies. That is why we introduced the clause, which gives the Secretary of State the power to direct local authorities to have certain adoption functions carried out on their behalf.

--- Later in debate ---

[Steve McCabe]

When only about 5% of children in the care system at any given point are likely to be adopted, it is dangerous if we become too focused on adoption to the exclusion of all else. The difficulties are obvious.

Returning to the notion of waiting, we need to be concerned about the quality of the care arrangement or placement that a child is experiencing now. I fear the unintended risk of saying, “We are pursuing adoption, and the focus must be on making that happen.” That is almost like being in a waiting room or a transport lounge, and the danger is that we will not place sufficient attention or focus on the quality of the care that the child is currently experiencing, which would be a dereliction of duty.

[Bill Esterson]

I am glad that my hon. Friend has returned to the issue of getting the right form of permanence for children in care. We heard in both written and oral evidence that not only should we be considering all forms of permanence but that there should be a move towards a less fixed form of adoption and fostering, perhaps with less distinction between the two. Some of that was partly discussed with reference to opportunities such as concurrent planning and fostering to adopt. What is his view on those ideas?

[Steve McCabe]

The amendment relates to the part of the Bill that asks the Minister about the arrangements that he proposes. I am inclined to the view that we should think of permanence as a continuum. As I recall, Mr Elvin in his evidence suggested there was a danger of elevating adoption to a superior role, perhaps with the consequence that other models were devalued. I would share that anxiety.

I said at the outset that this is a probing amendment; I have no desire to press it to a vote. I hope the Minister recognises that it would be helpful to hear more from him of what he thinks will constitute successful regional adoption arrangements. As I said earlier, I recognise his desire for maximum flexibility; I can see why he does not want to be pinned down to a blueprint. Could he say what, if anything, he rules out? What are the prerequisites for success, in his judgment? It would help if he could indicate the things that are uppermost in his mind.

--- Later in debate ---

The Minister could achieve that by accepting our amendment, but I suspect that he might be reluctant to do so. I cannot imagine why, but there we have it. None the less, if he cannot do so, will he set out for us and for the voluntary sector what steps he intends to take to ensure that the voluntary sector’s skill, knowledge and expertise are utilised to their full extent in any regional adoption agencies?

[Bill Esterson]

I want to pick up on some of the points made about the smaller agencies’ concerns about the establishment of regional agencies. The quality of work often found in the smaller agencies is incredibly important. I come to this issue having experienced the value of a small adoption agency that specialised, at the time, in placing hard-to-place children; my wife and I adopted two siblings. The expertise, advice, guidance and support we received were all exceptionally good, and some of that was due to the fact that we used a smaller agency that could concentrate its time, energies and expertise.

Its inevitable problem, of course, was that funding was always a struggle. It ended up becoming part of a much larger organisation, and I am afraid that much of that expertise is no longer with us. I know that there are other examples; my hon. Friend the Member for Birmingham, Selly Oak mentioned the experience in Wales. We should work hard to ensure that in our attempts to improve the situation, we do not end up making matters worse.

My hon. Friend the Member for Birmingham, Selly Oak said that delay can sometimes be the right thing for siblings or children with complex needs—provided, it is fair to say, that they are in a good placement. Although I do not disagree with that, I think there is always a balance to be struck between delay in order to get the right decision, and ensuring that that delay does not continue longer than necessary and that it is not bound up in lack of expertise and opportunity to find the best permanent placement for children, particularly those who find it difficult to be placed.

I want to pick up on some of the evidence that we heard on Tuesday. On the point about voluntary agencies and smaller agencies, Hugh Thornbery told us that,

“there is no necessary direct correlation between quality and size, and it would be tragic if we lost some of the real expertise that exists within some of the smaller voluntary adoption agencies, which focus particularly on trying to find the right family for some of the hardest-to-place children.”––[Official Report, Education and Adoption Public Bill Committee, 30 June 2015; c. 53, Q19.]

His expertise, experience and credibility are such that we should take that on board. When the Minister replies to the debate, I, like my hon. Friend the Member for Birmingham, Selly Oak, will be keen to hear how he plans to make sure that such specialist knowledge and expertise are not lost because smaller agencies become less viable in the new structure. We do not want a repetition of the experience in Wales where smaller agencies were pushed out by local authorities. What assessment have the Government made of the potential impact of voluntary agencies becoming unviable and being unable to serve children’s best interests? Such questions need to be answered.

The debate on amendment 13 is an appropriate place to look at the suitability of the adoption system for finding placements for particularly vulnerable children, such as those with disabilities, older children, sibling groups and children from black, Asian and minority ethnic backgrounds. I hope that the Minister can tell us more about how his proposals will help with the placement of hard-to-place children. As Andy Leary-May told us on Tuesday,

“unless we address the problems that exist…the children with the most complex needs may wait longer to find a suitable placement.”––[Official Report, Education and Adoption Public Bill Committee, 30 June 2015; c. 56, Q23.]

[Louise Haigh]

My hon. Friend is making an excellent speech. Does he agree that a key performance indicator in this area should be not simply how long it takes to place children, but the breakdown in adoption places? Voluntary agencies are incredibly successful in that regard, with only 3% of adoptions breaking down.

[Bill Esterson]

That is an excellent point. Support is needed to make sure that those of us who adopt children overcome the very difficult challenges that we may face. Of course, children who are adopted have often had the most difficult start in life, which is why they have ended up being placed for adoption, and the challenges of dealing with the emotional difficulties and other background issues that those children present when they come to live with a new family are immense. It is incredibly important to ensure that support services are in place, albeit the level of breakdown overall is relatively small. I am glad that my hon. Friend raised that point, and I hope that the Minister will address the concerns expressed by my hon. Friend the Member for Birmingham, Selly Oak, some of which I have touched on in my remarks, not least about children who are sometimes described as harder to place—although I feel that that is an unfair description of children who, through no fault of their own, have ended up in a situation where they need the support of a new family.

Ordered, That the debate be now adjourned.—(Margot James.)