Education and Adoption Bill
Debate between Bill Esterson and Steve McCabe(9 years, 2 months ago)
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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.
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.
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.
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.
Education and Adoption Bill (Third sitting)
Debate between Bill Esterson and Steve McCabe(9 years, 4 months ago)
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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—
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—
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.
Education and Adoption Bill (Fourth sitting)
Debate between Bill Esterson and Steve McCabe(9 years, 4 months ago)
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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.
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.
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?
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.
Education and Adoption Bill (Second sitting)
Debate between Bill Esterson and Steve McCabe(9 years, 4 months ago)
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Steve McCabe
Q 33 Thank you. You have all got different experience of the issues of placing children. Do you recognise the problem of the harder-to-place children? Who in your judgment are harder-to-place children, and how will these proposals specifically help them?
Andy Elvin: I am very wary of labelling children as harder to place. Generally, it is not that children are harder to place; it is that we as a state have failed them at some point. There are far too many children who undergo multiple placements, and there really is no excuse for that. Often first placements are made in an emergency; it can happen when you do not know the family or late on Thursday and you go with the carers that you can find.
When you are into the second and third placements, there is no excuse for not getting that placement right. It is children who are labelled harder to place who tend to be in their fifth, sixth, seventh placement. It is not their fault. They have given up on making relationships with adults, which makes them very difficult to care for, no matter how skilled the carers. My worry about this move and this legislation generally is that it ignores that permanence for the vast majority of children who are looked after is not adoption. It is long-term fostering, it is being looked after within the extended family and, for a certain number of children, it is residential care.
We cannot separate out permanence options, because providing long-term, stable, predictable families for children is what we should be doing. We should be getting permanence right earlier. If we start separating out and creating a hierarchy of permanence options, we are not going to serve the whole looked-after population well.
What we should really be legislating against is multiple placements. Real failure is failing to find good placements, and permanent placements, for children early. That does not just exist in adoption. The outcomes are just as good for children on SGOs—special guardianship orders—with extended family and for people in permanent, long-term foster care. We must not forget that. The hierarchy that seems to be being pushed for is dangerous, and is very, very clearly objected to by children, particularly children in foster care, who are often made to feel second rate because they are not going forward to adoption.
Alison O'Sullivan: We know from experience that older children—those over the age of five, six, seven—can be quite hard to find the right family for. If it is in the interests of children to be placed with siblings, placing sibling groups can be challenging. And children with particular needs, either because they are traumatised or have special needs or learning difficulties—that combination of things can make it harder to find the right family. But certainly from a local authority point of view, we do think it is important to persist in trying to find placements for those children. It can take longer.
If the emphasis on making early and speedy decisions, which is absolutely right for the vast majority of children, were to deny those children the opportunity of a permanent family, it would be an unintended consequence. We are making judgments in each individual case. For some children, we will try very hard for a longer period to find them a placement and that will be a great success. They will not necessarily be waiting in an unsatisfactory situation. They might already be with very caring foster-carers that they may have been with for some time, but their need is for permanence, and if it takes us 18 months to find them that permanent family—that forever family—that is what we will do.
Anna Sharkey: In terms of the experience that my family had, the fostering that was started in the late ’60s was for pre-adoption babies. We would have two or three at a time for six weeks, then they would move to their adoptive parents. As we moved into the ’70s, the children placed with my parents had more complex needs, and they are the types of children that we place for adoption. By “more complex” children, I mean older children, sibling groups, children who had experienced significant abuse and neglect, and children who were born drug withdrawing and with alcohol problems. Those were very different in terms of adoption outcomes, because the adopters that we had in the late ’60s and early ’70s were looking for those little babies who were going to be fairly straightforward, and the children became more complicated and more complex.
Our agency has always specialised in harder-to-place children, and that has been to do with the supply of children. Local authorities needing to place the relatively straightforward child do not need to come outside of their internal resource, so they will come to the voluntary sector to find their harder-to-place placements. The children that we place, predominantly, are over the age of four, are in sibling groups or have disabilities.
Of the placements that we have undertaken since we have been operating, we have had 68 single children, 45 sibling placements of two children, and five sibling groups of three. The youngest was six months old, but that was the youngest child in a sibling group. The oldest child we have placed was 10 years and two months. It is a wider range and they are children who bring with them many more complex needs than those very little people to start off with, which means that they have many more needs when it comes to the longer-term support for their adoptive families.
Bill Esterson
Q 34 May I pick up on the point you were just making? What needs to happen to get more people to come forward as either adopters or foster-carers? Are there issues around education, awareness and being much more honest with people, or is something else needed to increase the number of people available?
Anna Sharkey: It is interesting that we have had an increase. There is the recruitment activity, which was very definitely promoted. First4Adoption was very involved in that—the education and highlighting options for people. The fact that a very different cohort of people is coming forward as potential adopters and foster carers has been significant.
In terms of bringing more people forward, the education challenge is about which children actually need placements, in comparison with where someone’s starting point might be in terms of the type of family they thought they were going to be. That is the bigger challenge for adoption agencies and fostering agencies in managing the longer-term outcomes for those children. That stage becomes more of a challenge.
Alison O'Sullivan: It is important to help prospective adopters to have in view the kinds of support that are available. On the one hand, we should be being more direct about the sorts of needs that children requiring adoption may have. But in the same breath we need to be able to say, “And this is the kind of help that you could reasonably expect,” which will include financial support in some circumstances. It is important that we raise awareness but are also equipped to support those more complex children over a longer period of time.
Andy Elvin: I would echo that point about support. It is not just about recruiting carers; it is about keeping them. That is with foster-carers, doctors and those family members taking children on special guardianship. Far too often the support is not there—it is not there in a timely manner, it is not there in a non-judgmental manner—and that is what we need to get right. Our job is to support the placement. Sometimes the mistake is made of thinking that the child protection task is the main task. That is 10% of the work; 90% of the work is helping that child to recover from trauma and go on to have a successful adult life. Far too little support is given post the permanency placement order, whichever order that happens to be.
Young People in Care
Debate between Bill Esterson and Steve McCabe(9 years, 10 months ago)
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Steve McCabe
I entirely accept the point that the Committee Chairman is making. The hon. Member for Calder Valley said that there may well be options. My point is simply that the situation is not directly comparable. I am minded that we look at this carefully. We cannot say that children in foster care get the benefit of “Staying Put” until the age of 21 and children in children’s homes are completely disregarded. That would not be acceptable, and I do not think that anyone is saying that. I am simply suggesting that the situation may be slightly different.
I want to take up the Committee’s point about the problems of making full-time education and training central to continuing support until the age of 25. We were all rather encouraged when the Minister said in Committee that he intended to rewrite the guidance so that it would be sufficiently clear that he was concerned about those who were in danger of falling through the net. So far, the rewritten guidance does not appear to have achieved that. Surely the real issue is that it is too easy for those we refer to as NEETs— not in education, employment or training—to disappear. Unless directors of children’s services and others are under a specific obligation to track and monitor these young people, there is every danger that they will fall by the wayside.
I want to turn to “other arrangements”. As we have heard, the Committee was very concerned about accommodation that it felt was not of an acceptable standard and might fail the statutory guidance tests of being suitable for the child in the light of his or her needs, including health needs, and of the responsible authority having satisfied itself as to the character and suitability of the landlord. I acknowledge that the YMCA said in evidence to the Committee that some local authorities provide a decent variety of accommodation, and I do not dismiss the fact that there are examples of success out there. However, Ofsted found significant variations in the quality and sufficiency of accommodation for care leavers. The Who Cares? Trust has also reported examples of unsafe and unsuitable accommodation. I will not go over them all, as they have been mentioned by other speakers, but they include people being threatened or assaulted; living with those with drink and drugs problems; and having dirty accommodation infested with bedbugs and cockroaches. The British Association of Social Workers has said that it is
“firmly of the view that the government needs to apply regulatory duties to all accommodation providers who accommodate looked after children in order that they are appropriately safeguarded and the provision meets acceptable standards.”
I noticed that the report highlights an interesting dilemma on regulation. It is fair to point out that one witness warned of the risk that if regulation is too onerous it will stifle creativity in support arrangements and inhibit independence projects. I was interested in Catch22’s suggestion for a national standards framework, which, if I have read the report accurately, the Committee appears to have liked. I am not sure that the Government’s proposals go anything like far enough, and I urge the Minister to reflect again on that point. About 3,000 young people are covered by other arrangements, and that is an awful lot of lives at risk.
Bill Esterson
On what my hon. Friend is saying about our recommendation for a framework of individual regulatory oversight, I confirm that we recommended that the DFE consult on setting one up. Does he agree that that is a sensible way forward?
Steve McCabe
I would welcome that, and I urge the Minister to think again.
Finally, there is general consensus that bed-and-breakfast accommodation is unacceptable and that a deadline must be set for phasing it out altogether, although I acknowledge that that cannot happen until more work has been done on developing alternatives. I welcome the fact that the Minister has set a maximum of two days for the time a child can spend in a bed and breakfast. How will that guideline be monitored, because that will be the first test of whether it is having any impact?
I must say that I am disappointed that the Minister does not seem to have accepted the need to set a date by which the use of bed and breakfasts must be phased out. I welcome the decision to collect more data on the use of this arrangement, although I am not clear why he did not accept the suggestion that the Department simply mirror the current arrangement for housing authorities to report to the Department for Communities and Local Government. It seems to me that that is a tried and tested system, so it would make sense and be quite helpful to repeat it.
Will the Minister say when the Department will commence work with stakeholders to understand the issues better, as was mentioned in the Government response? When can we expect to see substantial progress? The use of bed and breakfasts for vulnerable young people who need care must rank alongside other great housing scandals of the past, such as those highlighted by the drama “Cathy Come Home”. I do not accept that it has a continuing place in the plans to care for vulnerable young people.
I again thank the Committee for its excellent report and the Minister for the Government response, but I feel that there is more to do before we can be satisfied that the arrangements for children over the age of 16—for whom we, the state, are responsible—are adequately cared for.