Education and Adoption Bill

Bill Esterson Excerpts

Wednesday 16th September 2015 Commons Chamber

[Steve McCabe]

In my experience it is amazing how many facts do not get into the public domain and how many times it is Members of this House who question what happened and ask how a power was used. I am therefore not persuaded by the right hon. Gentleman’s argument.

The Minister said in Committee that it was his intention to change our adoption arrangements by consent and persuasion, and that the powers in the Bill were intended as a backstop to be used sparingly. If that is the case, an annual report to Parliament will not involve too many examples of their use and could hardly be regarded as onerous or unduly bureaucratic. Consequently, I hope that the Minister will have no difficulty in accepting the amendment.

An annual report is important because, although I accept the good intent of the Minister for Children and Families, Ministers and Secretaries of State come and go. The powers that we are granting today are extensive and it is not right that Parliament should lose all control over a matter that affects such vulnerable young people. We are the people who should ensure that there are safeguards. We need to have confidence that the new adoption arrangements are fit for purpose and improve on the existing arrangements.

We can deduce that in cases where the Secretary of State uses the powers of direction, it will be because she has failed to achieve the consensus and the voluntary arrangements that the Minister says are his ambition. In those circumstances, is it not right that Parliament should know what happened and what persuaded the Secretary of State of the need to exercise her powers? An annual report would give parliamentarians access to that information.

We discussed the role of voluntary adoption agencies extensively in Committee. The Minister gave assurances that he wanted to protect such agencies and that he recognised their expertise, particularly in finding families for what are sometimes called “hard-to-place children”. That might mean children with disabilities or learning disabilities, or it might cover a situation where there are several siblings. For years, small, specialised voluntary adoption agencies in this country have pioneered that kind of work. I do not want new consortiums to be developed by local authorities to protect their interests if it leads to a squeeze on those small, influential agencies. That concern was raised by several witnesses who gave evidence to the Committee. We know that when adoption agencies were reorganised in Wales into five regional groupings, smaller voluntary agencies were the casualties.

The Minister was not able to tell us in Committee what steps he would take to protect the voluntary agencies. It is therefore important that we are able to see, in a report to Parliament, what has happened to the voluntary sector so that we can judge whether the Minister has taken adequate steps to safeguard that vital element of our adoption service. It is also reasonable that the report should comment on the effectiveness of the monitoring and inspection arrangements for any new adoption consortiums.

[Bill Esterson (Sefton Central) (Lab)]

My hon. Friend makes a good point about the importance of protecting specialist services. My wife and I took advantage of one such excellent adoption agency when we adopted our children, so I speak from personal experience. What concerns me slightly is that if we wait for a report to see what has happened, it could be too late. How quickly does he envisage these proposals being implemented? How early would he want the report to be produced, so that it was not too late to protect the high-quality services to which he rightly refers?

[Steve McCabe]

I concede the danger that if I ask the Minister to report on the operation of the powers, we will only find out after the event what has happened if agencies have got into difficulty. Obviously, I would much prefer the Minister to come forward today with clearer proposals for the steps he will take to protect those agencies, but without some reporting mechanism, how will Parliament hold the Executive to account?

We heard from witnesses during the evidence session that there is concern about the way that contracts can be drawn up by larger local authorities, as that can have an adverse impact on smaller, voluntary organisations. The British Association for Adoption and Fostering had been going for more than 70 years, but it collapsed during the parliamentary recess with the loss of about 50 jobs—a whole area of expertise wiped out because of the financial climate in some parts of the voluntary sector. The uncertainty created by these proposals is adding to that pressure, so it would be helpful if the Minister demonstrated that he recognised the dire circumstances that much of the voluntary sector is facing.

We must know in an annual report that if the Secretary of State exercises these powers, the expertise of voluntary agencies will not be lost for vulnerable children, that contract arrangements are fair and do not favour larger local authorities, and that they are subject to proper monitoring and inspection. Parliament has a right to such information.

One concern about the Bill is the focus on adoption to the exclusion of all other forms of childcare. In Committee, several Members mentioned special guardianship orders, long-term fostering and kinship care. Many people who work in childcare believe that the Government need to focus more on permanent arrangements, rather than appearing to favour one model of childcare over another.

--- Later in debate ---

[Bill Esterson]

I am glad my hon. Friend has raised that point, and I saw the Minister nodding earlier. I have had cases drawn to my attention of kinship carers taking advantage of respite care using foster care, only to say, because of financial hardship, that they are not taking the children back into their family. Does this not highlight how important it is that the Minister address these issues of funding and support, and that adoption is not the only form of permanence addressed in the Bill?

[Steve McCabe]

I agree. I think it is a mistake to appear to favour one model of childcare over another and that the questions of finance and the use of SGOs need more attention.

We have seen that the courts believe it is the duty of social workers to explore all available options for permanence arrangements when placing children, and that adoption should be favoured only when it is clearly the best option and when it has been weighed against other possibilities. There is an understandable fear that if the Minister creates a new range of Rolls-Royce adoption consortia and we end up with a massive flow of resources to these agencies, adoption will inevitably acquire a new elevated status, especially among social workers and cash-strapped local authorities battling to find permanent solutions with ever-decreasing resources. That would be wrong. It would not be in the best interests of the child, it would fail to recognise the phenomenal success that other models of care can achieve, and it would amount to a form of social engineering that belongs more to a bygone era than to the present day. Parliament will have a right to know what impact the Bill is having on other forms of childcare, so it is only right and proper that there should be a routine report on it.

Perhaps more than anything else, what the House needs to know is that the Government’s measures succeed not only in speeding up adoption and preventing children from languishing in the care system, but in ensuring that the quality of the placements leads to long-term better outcomes for the children.

I am full of admiration for foster parents and those who adopt children. It takes special people to take on children who have been damaged by early-life experiences and to nurture them to a stage when they are able to come to terms with the past, if not entirely put it behind them, and move on to make something of their lives. It is rarely an easy journey for those who take on that role. It will often mean tantrums, sometimes violence and other aggressive behaviour, sometimes criminality and often mental health problems.

[Bill Esterson]

At risk of drawing too much on my own experience, my hon. Friend has sadly described some of the things that my wife and I have come across, as I know have many other adoptive parents, foster carers and kinship carers. My hon. Friend started to talk about mental health services. Will he join me in making a plea to the Government to make a dramatic effort to improve the quality of mental health services for children and adolescents? The investment and the effort must be made to recruit and train the dedicated staff who are needed. Adoptive parents and foster carers cannot on their own give children—who, as my hon. Friend says, are often damaged—the support and care that they require for their psychological development and other needs.

[Steve McCabe]

I am happy to make that plea, and I hope to say a little more about mental health before I conclude. I say in passing that I certainly welcome the decision of the new Leader of the Opposition to create a Cabinet health post specifically for mental health.

What we need to know is that the Government’s ambitions are not just about speeding up adoptions and presenting us with tables showing an increase in numbers. We need to know that the extent of these problems has been properly appreciated and that the need for continuing support for these children and families is built into the fabric of any new adoption arrangements.

The National Society for the Prevention of Cruelty to Children wanted me to table a much broader amendment on children’s mental health. Although I am extremely sympathetic to its ambitions, I concluded after discussion and advice that what we had in mind was probably too broad for the scope of the Bill. If you will allow me, Mr Speaker, it is worth taking a moment to share what it had in mind. The NSPCC asks the Minister to consider amending either the Children Act 1989 or the Adoption and Children Act 2002 by placing a duty on local authorities to ensure that a child receives a mental health assessment at the point they enter care, and to provide immediately the necessary support services to meet the identified needs of the child for as long as necessary, with regular monitoring of the child’s ongoing need for mental health support.

I want to make it clear that I support counselling and proper intervention to address mental health issues as a key element of securing permanence in placements. It is good that the functions to be transferred under the Bill will include the provision of adoption support services, but what these children and their new adoptive parents need is a guarantee from the Government that the necessary support will be available. Having the right to assessment is not enough; what is needed is a right to the treatment, therapy and support identified by that assessment. It seems strange to me that children currently entering our care system are subject to a routine physical health check, but given the trauma that many of them have experienced prior to entering care are not automatically also given access to a mental health check.

If the Minister really wants to make a difference, he will give a commitment today to make it a requirement that all children entering the care system have access to a mental health assessment, and that any treatment, counselling, therapy or support recommended as a result of that assessment will be theirs as of right, and to include those requirements in any new adoption arrangements he makes with local authorities or other bodies.

--- Later in debate ---

[Steve McCabe]

First, I hope the Minister can see that there is a degree of cross-party consent on this point. I certainly agree that what people want is real, practical help. I meet plenty of foster parents and adoptive parents who say they have begged for help and real support. We do not need anything that falls short of that.

There should be a duty on agencies to focus on the mental health needs of these children, and to ensure that their adoptive parents get the real support they need so they are equipped to cope with the enormous responsibilities they take on.

I have some doubts about the proposed legislation: the focus on adoption, perhaps at the expense of other models of care; the risk that smaller voluntary agencies, which are a vital feature of our current adoption arrangements, might find themselves cast adrift by a large, local authority-driven regional consortium; and an anxiety that the monitoring and inspection arrangements might not be all that they need to be. I have a burning sense that the energy being put into the structures should be matched by efforts to address the children’s support and mental health needs.

I hope that for today’s purposes the Minister will feel that he can accept our amendment as a guarantee of the Government’s good faith that they intend to keep Parliament in touch with the developments and changes arising from the Bill. I hope that, in the not too distant future, the Minister will return to the Dispatch Box with proposals to strengthen overall permanence arrangements for children in care and to tackle the legacy of mental health neglect which often persists for children even after intervention by the state in the form of care proceedings.

I do not doubt the sincerity or decency of the current Minister for Children and Families. I hope his adoption proposals succeed, but I hope he will make renewed efforts to address the concerns that I, and other hon. Members, have raised today. I hope he will find himself able to accept that this straightforward and helpful amendment is designed to strengthen the Bill.

[Bill Esterson]

May I say how much I agree with what my hon. Friend said, particularly at the end of his speech? I want to see better outcomes for adopted children and I hope the provisions in the Bill will help to achieve that—it is important to say that. As we discussed in Committee, the overall approach to permanence in improving the life outcomes of children, whether they are adopted or in other forms of permanence, must be addressed. I share my hon. Friend’s desire to see the Minister back at the Dispatch Box as soon as possible, proposing improvements in permanence in foster care, kinship care, special guardianship arrangements and residential children’s care, which, as the Education Committee pointed out in its report last Session, has been a cause of particular concern.

Not the least of the issues that the Minister should address is the desperate need for an improvement in child and adolescent mental health services, which the Leader of the Opposition raised at Prime Minister’s Question Time. CAMHS provides vital services. I agree with my hon. Friend the Member for Birmingham, Selly Oak that the psychological needs of children entering the care system should be assessed and supported every bit as much as their physical needs. I was heartened by what the Prime Minister said today about the importance of addressing people’s mental health needs as much as their physical needs, and I hope that that will be the Government’s direction of travel in health policy generally.

[Mr Burrowes]

I am sure that the hon. Gentleman is also concerned about outcomes, particularly in relation to mental health. Is not time one of the key problems? The fact is that 3,000 children are waiting to be matched with parents, and half of them have been in care for more than 18 months. The time factor is having a severe impact on their mental health, which the Bill seeks to address.

[Bill Esterson]

That is an important point. The delay in a child’s being placed permanently, whether through fostering, adoption or any other form of permanence, can certainly contribute to psychological damage, which can be characterised as neglect or in other ways. An improvement in the speed of decision making is essential. We debated that in some detail in Committee. One cause for concern is the problem of delays in the court system, and in the making of decisions on whether or not children should stay with their birth families. I think that professionals, along with the courts, should decide as quickly as possible whether children should stay with their birth families or move into other forms of permanence. The children’s long-term needs must always take priority.

I hope that, as a result of the Bill, the shortage of adoptive parents and the difficulty of recruiting them will be addressed. Perhaps that could be included in the report to which the amendment refers. Perhaps the report could include information about how well the agencies that are envisaged are doing in recruiting in general terms, and also about what has happened to children who have been to some of the specialist smaller agencies that were mentioned by my hon. Friend.

It is evident that unless prospective adopters come forward, very little can be done about adoption, and I hope that that will be one of the outcomes of the Government’s proposals. Approaches such as concurrent planning and fostering to adopt have succeeded in improving outcomes for children who end up in the care system. However, a danger arises from the fact that adoption has been given so much prominence in this Bill—it is the only form of permanence addressed in the Bill. This concern is reinforced by steps such as the closure of the British Association for Adoption and Fostering and the loss of jobs in the sector, as well as the hard times faced by the voluntary agencies and by local authorities due to the financial constraints they face. We run the risk of moving in the wrong direction and jeopardising having the support in place through a well-trained workforce, and having the right numbers of adopters and foster carers coming forward to look after children who end up in care and who need the stability and long-term support that should be available to them.

--- Later in debate ---

[Edward Timpson]

I am grateful to my hon. Friend for his support, not only for the Bill but for the work that we have been doing in government to improve the adoption system. I can assure him that we will go on to talk about those matters in more detail. This is very much a bottom-up approach to the development of regional adoption agencies. It has purposely been designed to ensure that it has the flexibility that he mentioned, so that local authorities across regions, working closely with voluntary adoption agencies, can come up with the solutions that work best in their areas, based on their collective expertise. Even in the early stages of the process, that is already happening.

Before I set out the reasons why we do not accept the amendment, I want to address the specific issues that have been raised in the debate. At the heart of this has been the way in which adoption fits into the wider routes to permanence for children in the care system. Reforming the adoption system is a key Government priority, but adoption is clearly a solution for only a small group of children who cannot be looked after by their own parents, as the hon. Member for Sefton Central (Bill Esterson) reminded us. That is why, in parallel to improving the adoption system, we have taken—and are determined to continue to take—action in relation to other placement types as well.

The reason that the measures in the Bill refer only to adoption is that the adoption system operates on such a geographical scale that the kind of rationalisation envisaged here makes sense. However, if local authorities want to bring together other permanent services voluntarily, they have the freedom to do so. We are also taking action to improve the outcomes of children who have already left the care system. In the last Parliament, we took many steps to improve the support for children in care, including providing funding of nearly £100 million through the pupil premium plus, allowing targeted individual support to be provided for children in care in schools, introducing a new duty on local authorities to appoint a virtual school head, strengthening quality standards in residential settings to make them safer places for children and young people, and launching a cross-Government strategy for care leavers in 2013.

[Bill Esterson]

The Minister mentioned the pupil premium plus. I commend him for that, because it has been a very successful initiative in schools, providing support for individual children in care and for former children in care—so adopted children qualify, too. To come back to the point I was making, the problem has been that we do not have the mental health professionals and qualified child psychologists to do the work that is needed in the timely fashion or to the level that is needed—that goes back to the point made by the hon. Member for Stevenage (Stephen McPartland). That is why we need to recruit and train the qualified professionals in those sectors, so that we can make the most of that investment.

[Edward Timpson]

The hon. Gentleman makes a fair observation, and I will come on to talk a little more about the need to improve mental health services. The Prime Minister was clear that that was a key Government programme of work that will be taken on over the next five years. To ensure that children are receiving the right type of support when they need it, we need good decision making, good planning for them and an integration of those services around them—that is one of the roles the virtual school head has. This is also why we have embarked on an ambitious programme of reform to social work, making sure that those involved have the key knowledge, skills and practice-based learning to ensure that they are making the good decisions that lead to better placements and better outcomes.

To improve practice where the best permanence option is to remain as a looked-after child, we have also amended regulations in April to introduce long-term foster care as a distinct placement type for the first time. As someone who comes from a family who fostered both short term and long term, I think this is a very welcome step, which gives children who find themselves often for a large part of their childhood in the same placement a sense of family and stability. Together, we have made revisions to the wider statutory framework to ensure that those decisions are made very much in the best interests of those children. I could say much more if more time were available, but a lot of work has been done and will continue to be done in government to ensure that whatever the right permanency placement is for a child from the care system, we have the best system, the best people and the best accountability in place, so that they have the best possible start in life.

The issue of the crossover of adoption into special guardianship orders was raised by the hon. Member for Birmingham, Northfield (Richard Burden). He highlighted a case from his constituency, which he has previously raised with me. It is right to say , in response to the hon. Member for Birmingham, Selly Oak, that we have launched a public review of the legislative and practice framework underpinning special guardianships. It is now a decade since they were introduced by the last Labour Government, and it is time for us to have a close and proper look at the consequences of their introduction. For instance, we have seen a sharp increase, of 64%, in the use of SGOs for children under the age of one, which is not what was originally intended or envisaged when the legislation was introduced. We have also seen, through the court judgments of Re B and Re B-S, SGOs often now being regarded as a default option when considering a child’s long-term future. We also have a disparity in respect of the level of assessment that there is of the potential placement for a child in a special guardianship placement, as opposed to adoption. This review is up and running, and is currently out for consultation. The hon. Member for Birmingham, Northfield may wish to know that he has until this Friday to make any comments to that consultation. We will be working carefully with the expert group that we have set up to make sure that, whether in relation to the decision around an SGO or the subsequent support, we make improvements from where we first started.

--- Later in debate ---

There is no doubt that, right across this House, there is a palpable feeling that more needs to be done. We have finally made it an issue that has risen to the top of many of our agendas. We need to capture that moment, use the money that has been committed to child and adolescent mental health services by this Government and ensure that we deliver the types of services for these very vulnerable children at the time that they need them so that the fall-out that we too often see in their lives can be prevented.

[Bill Esterson]

Will the Minister give way?

[Edward Timpson]

Very briefly, because I wish to move on to the main thrust of my response.

[Bill Esterson]

I am grateful to the Minister for giving way. One of the issues that I have raised is the evidence of the prevalence of foetal alcohol spectrum disorders and the very high numbers of looked-after children and adopted children who appear to have that condition. Will he ensure that awareness and support for those caring for those children is part of what he has been talking about?

[Edward Timpson]

An essential element of all of this work is that anyone who takes on a child who has had trauma in their early life understands what it is. I am talking about not just its presentation but its causes. As part of that, we need to look at foetal alcohol syndrome, and I commend the hon. Gentleman for the work that he and his new all-party group are doing to raise awareness of that issue. I am happy to engage with him on that matter as I indicated in Committee.

As I set out in Committee, the current adoption system is highly fragmented, with around 180 agencies recruiting and matching adopters for only 5,000 children per year. We do not believe that such a localised system can give the best service for some of our most vulnerable children. As well as being inefficient in scale, it also too often leads to ineffective practice across the system. The introduction of regional adoption agencies will help to address those issues in several ways.

The first way is through matching. It still takes an average of eight months between placement order and match. We know that delays are often caused by an unwillingness to seek a family outside a local authority’s own group of approved adopters. That is simply not good enough. No child should suffer the lasting harm that we know delays cause because the local authority refuses to look elsewhere for a match. That is why we are making £30 million available to pay the inter-agency fee over 12 months for particular groups of children. That will help to ensure that they are matched quickly in the short term while regional adoption agencies improve things in the long term. Successful matching relies on being able to access a wide range of potential adopters from the very beginning, and regionalising adoption would give adoption workers that choice.

The second way is through recruitment. Although we have adopters approved and waiting to be matched, we have too few who are willing and able to adopt harder to place children, which means certain groups of children wait significantly longer than others to find adoptive families. For example, as at 31 March 2014, disabled children were waiting 7.6 months longer than the average child. The current system is not serving those children well enough, and we cannot just accept that as it is. Regional adoption agencies would be able to take account of the needs of a larger number of children when planning a regional recruitment strategy. Recruitment could therefore be better targeted, leading to the right adopters being approved and fewer children having to wait.

The third way is through adoption support. In too many cases the specialist support that many adopted children so desperately need, including mental health services, has simply not been available. In many areas, the number of adopted children is so small that local authorities are unable to ensure that the right provision is available. Regional adoption agencies will assess more children’s needs and give them a greater understanding of what should be commissioned. Commissioning at a regional scale will allow providers to expand their services, provide better value for money for the taxpayer and help ensure that all adoptive families receive a consistently high quality of assessment and provision. That will build on the adoption support fund that we have set up, which is now running, to the tune of £19.3 million. It is vital that adopted children receive the therapeutic and mental health services they need, which is why we have made that significant investment. Since May it has helped more than 1,400 families and spent £5 million, and all but 10 local authorities have already made a bid to the fund, which demonstrates how essential it is for those children.

I would like to set out what work has already been done to help achieve that regional approach. We want to support and work with local authorities and voluntary adoption agencies to help deliver regional adoption agencies. That is why we are providing £4.5 million of funding this year to support early adopters to accelerate their development and early implementation. I am pleased to tell the House that we have already received 30 expressions of interest for that support, covering every region of the country.

I would also like to assure hon. Members that through this process we are carefully considering the impact that moving to regional adoption agencies will have on voluntary adoption agencies, other models of care and the provision of support, which the hon. Member for Birmingham, Selly Oak rightly raised in his contribution. It is worth noting that voluntary adoption agencies are formally or informally involved with consortia across all regions already. We have been very clear that proposals need to look at how links with other children’s services can be maintained and how support functions will be carried out.

We have also been clear that voluntary adoption agencies have an important role to play. In our paper “Regionalising Adoption” we set out that we are particularly keen to consider models that bring together the best of the voluntary and statutory sectors. Proposals for regional adoption agencies that include voluntary adoption agencies will be looked on favourably, even for those that do not see partnership with local authorities as an option for them. The service they provide in recruiting adopters, particularly for some of the most vulnerable and complex children, will still be much needed by the new regional adoption agencies. That is built on our knowledge of the enormous expertise, service quality and excellent outcomes that voluntary adoption agencies have a record of delivering, as well as our desire and determination to ensure that the move to regional adoption agencies does not adversely impact on them. We will continue to monitor that closely as regional adoption agencies take shape.

Our intention is that, as far as possible, the sector will move to regional adoption agencies by itself. As I said in Committee, this power is simply a backstop measure for those agencies that do not rise to the challenge, as well as allowing the Secretary of State to direct local authorities to have a particular function carried out on their behalf by a voluntary adoption agency if an individual council or regional adoption agency is not doing so effectively.

We are confident that the majority of local authorities will seize this opportunity to deliver their services in new and exciting ways. I am pleased to see how the sector has already responded to the move to regional adoption agencies. The Association of Directors of Children’s Services sees this as a sensible development and Carol Homden, chief executive of Coram, stated in her oral evidence that the Bill will help children regarded as harder to place. The move to regional adoption agencies involves real potential to improve the life chances of some of our most vulnerable children, and I believe the majority of those working in adoption will make this a reality.

As I set out earlier, we have already had 30 expressions of interest for the support available this year. It is hugely encouraging that these bids cover all regions and the majority of them involve a voluntary adoption agency. Each expression of interest is currently being fully assessed and funding decisions will be made by the end of the month. It is also important to note that prior to this programme, we had already seen the emergence of some new delivery models for adoption and some growth of consortia and regional collaboration. For example, Wokingham Borough Council, Bracknell Forest Council, West Berkshire Council and the Royal Borough of Windsor and Maidenhead have launched a combined adoption service, known as Adopt Berkshire.

This is a move that is already seen as beneficial and we will build on this impressive momentum. Therefore, as noted by Sir Martin Narey in his oral evidence, we expect to use this power rarely, if at all. I can reassure the hon. Member for Birmingham, Selly Oak that if the power is required, the decision to use it will be made following extensive and detailed discussions with the agencies involved. These discussions will cover a range of areas, including the role of voluntary adoption agencies, the provision of support and the link with other care options. In addition, I listened carefully to the suggestions made by the hon. Gentleman in Committee, and before making any final decision we will write to any relevant local authority seeking its views and requesting supporting evidence. I can therefore reassure the House that all those involved will have a chance to comment on the proposal before a final decision is taken.

There is no requirement for the Secretary of State to lay an annual report before Parliament about directions issued to local authorities when the direction, as here, is to arrange for another body to exercise a wide range of functions on behalf of the local authority. As such, a more proportionate approach than laying an annual report before Parliament is to discuss directly the use of the power and its impact with those charged with delivering adoption services. We will work with both individual agencies and through the Adoption Leadership Board and regional adoption boards to ensure the effectiveness of this joined-up approach. As a consequence, I hope the hon. Member for Birmingham, Selly Oak will withdraw the amendment.

This has been a good and helpful debate which has drawn out some of the issues that surround adoption, not just what is in the Bill. I will endeavour, of course, to continue to work hard for all children in care, whatever their route to adult life happens to be. This is an important step in making sure that adoption and the adoption services function better, more quickly and in the best interests of every child for whom it is the right future.