Oral Answers to Questions

Debate between Bill Esterson and Emma Lewell-Buck

Monday 16th October 2023 Commons Chamber

[Bill Esterson (Sefton Central) (Lab)]

2. What assessment he has made of the effectiveness of the Government’s levelling-up policies in reducing regional inequalities.

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

17. What recent discussions he has had with Cabinet colleagues on supporting coastal communities.

Foster Care

Debate between Bill Esterson and Emma Lewell-Buck

Wednesday 14th March 2018 Westminster Hall

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

It is a pleasure to serve under your chairmanship, Mr Howarth.

I thank my hon. Friend the Member for Sefton Central (Bill Esterson) for securing this debate. His practical experience and knowledge of fostering made for a formidable opening speech. I pay tribute to all other Members who have contributed, especially the hon. Member for Dundee West (Chris Law), who it is a pleasure to follow. We are honoured that you shared your story with us today.

Since 2010 we have seen an exponential rise in the number of children coming into care. There are now 72,000—the highest since the 1980s. There is a wealth of evidence that the Government’s forced austerity measures are driving that increase. With the stream of referrals coming into children’s services departments leading to 90 young people entering the care system in England every single day, the implications for fostering are clear. That is why so many of us were keen to see the long-awaited fostering report, which was first announced in 2016 and released this February. Sadly, for some of us, that keenness quickly waned. Today I will focus on that report.

The report has received more criticism than praise, and is viewed by many as lacking vision about transforming the dire state of fostering in England. It makes assumptions based on opinion, not evidence. It makes a number of unqualified, sweeping generalisations. In my view, our children and foster-carers deserve better.

It is essential that there are enough foster-carers to meet demand. At present, there simply are not. The pitiful pay given to foster-carers, leading to some of them making the painful decision that they cannot continue in that role, coupled with the Education Committee’s findings that identified the Government’s lack of efforts in the recruitment of new foster-carers, suggest that we are on a trajectory where there will not be enough homes for the children who need them.

Foster-carers are deeply committed to every single child in their care. So it was disappointing to see that the stocktake claims that carers are not routinely underpaid, and that they are paid adequately. That is simply wrong. We know that a quarter of carers receive the equivalent of less than £1.70 an hour, based on a notional 40-hour week, and 90% of our foster-carers do not receive the national living wage. The right hon. Member for Harlow (Robert Halfon), who chairs the Education Committee, summed up its findings by saying that,

“it is clear that too many are not adequately supported, neither financially nor professionally, in the vital work that they do.”

Should it not be an embarrassment for the Minister and the Government that they are presiding over a situation where foster-carers, who provide an excellent standard of care day in, day out, report that they are struggling to support not only themselves but the children who are entrusted to their care?

Carers who are struggling are also being offered golden hellos from independent fostering agencies to leave the local authorities they work with. Those agencies then charge local authorities higher rates. The undercutting by independent fostering agencies is a pattern that has been identified by many social workers and the Conservative vice-chair of the Local Government Association. Yet, the review denies the existence of such a practice, claiming that the reverse is happening—that councils are poaching foster-carers from independent agencies. That bizarre claim is based on nothing other than the authors’ perception. I really hope that the Minister will look closely at the regulation of commercial fostering agencies, as the Labour party has.

I, with others, was aghast when I saw in the report a raft of recommendations that would require primary legislative change. The report recommended that carers be given prominence over the day-to-day decisions regarding children in their care—prominence over birth parents, even when the children are in voluntary accommodation. That is at complete odds with the current legislation on parental responsibility and is simply wrong. The report’s authors do not seem to realise that there is already provision in legislation to take account of parental disagreement.

A deeply worrying recommendation, based on very little evidence, was also made that local authorities should scrap independent reviewing officers. IROs are a fundamental part of the care system. They were created to protect the rights of vulnerable children in care, to advocate for them and to ensure that their needs are met. Without IROs, a child who is unhappy or—worse—being abused in their placement, could literally have nobody at all to turn to. Imagine being that child, who has been removed from a place of harm into a placement where that harm endures, when there is nobody to tell about it and no escape. I am sure the Minister agrees that removing such safeguards would be at the Government’s peril, and that judicial consequences will certainly follow.

In the report there is also a fixation on legal status. It claims that the priority must be to convert more fostering placements into permanent arrangements. Apart from the obvious fact that an emphasis on legal status, rather than a child’s individual needs, is at odds with good practice, it completely ignores the availability and benefits of other options, such as long-term foster care. Every single child in the care arena is completely different and has different needs. That is why there are a number of options for care. Decisions should always be made on a child-by-child basis. The cynic in me cannot help think that the authors’ predilection for adoption or special guardianship is a cost-cutting exercise. Once permanence in those forms is achieved, the state no longer has a duty towards those children or their carers.

[Bill Esterson]

I am glad that my hon. Friend raises the point about the cost element of recommending adoption and special guardianship orders rather than long-term fostering. That particularly applies for those aged 18 and above. In my speech I did not mention Staying Put or the fact that the funding for it is lower than for foster care. Does my hon. Friend agree that that is a big mistake and a big impediment to ensuring that children who go into foster care are given the long-term permanence of being part of a family?

[Mrs Lewell-Buck]

It will come as no surprise to my hon. Friend that I completely agree. I am also a keen advocate of extending Staying Put to children in residential care. It cannot be right that there is a two-tier system where some children are treated differently simply because of their placement.

The recommendation is also symptomatic of the Government’s obsession with adoption as the gold standard, to the detriment of all other forms of care. We need a consistent, overall strategy for children in care under this current Government. Rather than seeing the holistic picture and attempting to address issues when they first arise, their piecemeal approach has led to separate and unaligned strategies around early intervention, children in need of help or protection, fostering and adoption.

Can the Minister confirm that he will robustly refute those recommendations? I respectfully remind him that full adoption comes with the severance of birth ties. He knows as well as I do that that is not always right for those children in long-term foster care who enjoy continued contact with their birth families throughout placement.

The report deeply disappointed again when it came to contact. It stated that the well-established presumption in favour of contact was removed by the Children and Families Act 2014. It was not. The presumption remains as enshrined in the Children Act 1989. I again make a plea to the Government for parity in legislation between the rights that children have to contact with their parents when in care and those that they have for contact with their siblings. As passionately explained by my hon. Friend the Member for Wigan (Lisa Nandy), relationships matter deeply to children in care.

I hope that the Minister will reject the recommendation that local authorities should not presume that siblings are best placed together. I acknowledge that it is not always appropriate, which is why the law states that siblings should be placed together as far as is “reasonably practicable”. This proposal, as with the false assertions about contact, is completely at odds with well-established practice and law, which is built on robust evidence.

The majority of organisations, charities, foster-carers and social workers are not only deeply concerned about some of the recommendations in the review, but disgusted by its shoddy nature. It makes assertions backed up with no evidence and at times contradicts existing research and evidence, which are coupled with an absence of children’s voices and a lack of understanding of the relevant legislation and policy in this field. Can the Minister advise when his counterpart will formally respond to the report, and will he pass on the request that, in doing so, he very seriously takes into account what has been said today and these misgivings, and ensures that our foster-carers and children are, once and for all, given the respect that they deserve?

Education and Adoption Bill (Fourth sitting)

Debate between Bill Esterson and Emma Lewell-Buck

Thursday 2nd July 2015 Public Bill Committees

[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.

--- Later in debate ---

[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.

--- Later in debate ---

[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.

Education and Adoption Bill (Second sitting)

Debate between Bill Esterson and Emma Lewell-Buck

Tuesday 30th June 2015 Public Bill Committees

[Bill Esterson]

Q 10 Will the Bill help with children who are sometimes regarded as hard to place—sibling groups or children with disabilities, for example?

Carol Homden: In my view, absolutely; definitely. Those are the circumstances in which the principle that Annie indicated—the principle of having the widest possible range of adopters and specialist services available to provide the necessary ongoing, reliable and consistent post-adoption support—is more likely to be resiliently achieved within a larger grouping of agencies that have a common purpose.

Annie Crombie: I agree with much of that. The point about scale and the specialism of adoption services is important. If regional adoption agencies work well, it could allow agencies that really specialise, or develop specialist expertise—such as some that I represent—to offer their services in a much more structured way across a wider number of local authorities, rather than it being a question of an individual relationship or a happy coming-together in the margins of a conference with a local authority making an arrangement with a particular voluntary adoption agency that has a specialism in a particular type of work. We could see those sorts of services being made available in a more systematised and structured way, which would benefit more children.

To come to the earlier point that you made, I welcome the way that the Government document published to support this opens the door to arrangements that go wider than 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. It may well make sense to think more broadly than just adoption, but there is something about specialism here that is important, and which I think we all want to see developed in relation to some aspects of adoption.

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

Q 11 Good afternoon. My question is to everyone in turn. The Bill states that an authority’s functions may be taken on by either another local authority or another adoption agency but there is nothing to say which criteria the Secretary of State will choose for the preferred option. I was wondering whether the panel could help out the Secretary of State and suggest what kind of criteria she might use.

Annie Crombie: I do not imagine that the Secretary of State would disagree that it is really important that quality should be at the heart of any regional adoption agency and that we need to think about expertise in the different elements of what is needed to be able to provide a good adoption service. If a group of local adoption authorities without any particular strength in low incidence adoption support—without any specialism in particular provision of therapeutic services—were to come together, it would not provide a strong service for children in the area. If they include someone with a specialism or real, and proven, expertise in adoption support, then that would be much better. So it is about quality across all the different elements of what an adoption service needs to do.

Carol Homden: Quite clearly, excellence for children is what needs to drive us. That is our sole focus and concern. Therefore, in making any decisions on intervention, I think that the Government would wish to consider the criteria that it applies in other circumstances where there is a shortfall against national standards. In considering how we might take forward regional adoption agencies we, as an organisation that already provides regional adoption agencies, have given considerable thought to this and would recommend including six key criteria that should be taken into account—we would be prepared to give written evidence of those recommendations.

The first is that bringing weak things together does not in itself make a strong thing. Any hub should therefore include at least one agency, as the lead, that is rated either good or outstanding. The aim must be to replicate good practice, not to concentrate less good practice. Steps should be taken to ensure that not all the agencies forming the arrangement are characterised by a high turnover in social work staff, since relationship continuity is essential to the support of adopters and children and effective planning. Data collection and case-tracking systems are directly related to performance management and should be robust in at least one agency. There is considerable complexity in the different systems used by local authorities and the more of them that are involved in any regional agency, the more complexity and difficulty there is in managing risk and optimising outcomes. The definition of a cluster should relate to road transport and not to the other forms of consideration around what might constitute a region. The important factor here, as it is for a special school, would be the travel distance involved for adopters and children to access the services that they need.

Any hub should explain how it will build upon the cross-regional system support that is already provided in our nation. This includes, for example, First4Adoption, which has demonstrated the benefits of consistent customer service and could do far more on a cross-national basis. Every hub should undertake a market risk assessment if it is excluding any voluntary adoption agency, since more than 90% of voluntary adoption agencies are good or outstanding. Any loss of that excellence in the system could only be a disbenefit to children.

Sir Martin Narey: I will not give you six criteria but just one. I have not given much thought to the criteria for how this will be used, because I genuinely believe that there will be a significant move towards regionalisation, which will occur of its own volition. This was poised to happen before the election. For me, the overwhelming criterion when we look at adoption—or indeed other forms of permanence—is how quickly we rescue a child from neglect and put them into a home in which permanence is achieved, and where the reparative work can begin.

We have made great strides with recruitment, but matching still takes far too long. The main criterion for me is how quickly we can improve the process of matching and achieve greater pragmatism in matching. Matching between adopters and children sometimes takes too long as we search for the mythical set of perfect parents, but the sooner we get children into permanent homes, the sooner and more complete will be their recovery from the desperately adverse consequences of being brought up in neglect.