Staying Put Agenda

Craig Whittaker Excerpts

Tuesday 21st January 2014 Commons Chamber

[Craig Whittaker (Calder Valley) (Con)]

May I say what an honour it is to have secured this evening’s Adjournment debate?

We have all heard some of the statistics on outcomes for our nation’s 68,000-plus looked-after children, and I think everybody will agree that our country’s record on helping this most vulnerable group of young people when they leave care is nothing short of appalling. Of the 7,000 19-year-olds who were in care at 16, 36% are not in education, employment or training, and only 6% of all care leavers are in higher education, compared with 43% of their peers. We can add to those figures the fact that just 12.8% of children in care obtained five good GCSE grades, compared with 57.9% of their peers, and that about 23% of the adult prison population have spent some time in care. Around a quarter of those living on the streets also have a care background, while care leavers are four or five times more likely to commit suicide. Finally, about 47% of looked-after children aged five to 17 show signs of psychosocial adversity and psychiatric disorders, which is higher than among the most disadvantaged children living in private households.

Physical and mental problems increase at the time of leaving care. In order to address the many serious challenges faced by care leavers, the Government propose to introduce an amendment to the Children and Families Bill to allow young people who are fostered to remain with their carers until they are 21, if they wish and their carers agree and if it is considered to be in their best interests to do so. All young people in foster care will be offered enhanced support until they are 21. For young people in foster care, this is one of the biggest, most fundamental changes to their support when they leave care and is widely applauded as a hugely significant change in the right direction for this incredibly vulnerable group of young people.

The scandal, however, is that the extension to fostering excludes the 9% of young people in care who are placed in children’s homes. These young people have a wide range of needs and challenges. What most have in common is that they are vulnerable. That vulnerability is further enhanced by a stigma attached to residential care among politicians, the public and still, sadly, some in the social work profession. Ministers appear to see living in a family as the best option for children in care—I believe they are right—and as the only setting in which children may thrive. That is reflected by some social workers who see children’s homes as the last resort—a place where children who have “failed” family placements may be sent or as somewhere the more challenging young people may be placed. Many of the public see children’s homes as places where “naughty children” are sent. Historically, that view was compounded by some local authorities that used children’s homes to accommodate the more challenging young people.

When recently asked by the Select Committee on Education to explain different care leaving ages for foster children and those in children’s homes, the Secretary of State for Education replied that fostering is different from residential options and that children’s homes will not get support until an unspecified number of children’s homes nationally have improved within an unspecified time, at which point he may consider it. However, Ofsted inspections of 400 children’s homes concluded by June last year found that on overall effectiveness 65% were good or outstanding and only 7% were inadequate; on outcomes for young people, 67% were good or outstanding and only 3% were inadequate; on quality of care, 74% were good or outstanding, with only 6% inadequate; on safeguarding of children and young people, 69% were good or outstanding, with only 6% inadequate; and, finally, on leadership and management, 57% were good or outstanding and only 9% inadequate.

The Ofsted data, based on Ofsted inspection standards, thus show that the inspectors found most children’s homes to be good or outstanding and only a small percentage to be inadequate. I wonder whether the Secretary of State realises the absurdity of his argument. Surely, as the holder of the purse strings, he should be targeting the homes he is not happy with, and not the young people who are in them through not fault of their own. This suggests strongly that the stigma and misuse of residential care often mask some excellent work that is taking place. It is a credit to residential care that so many of the young children placed in children’s homes under such pressure grow up to lead fulfilling lives.

[Tim Loughton (East Worthing and Shoreham) (Con)]

Perhaps I should declare my entry in the Register of Members’ Financial Interests. I entirely agree with my hon. Friend, but is not part of the problem the fact that the children who end up in residential children’s homes are, as he says, often there as a last resort, and will usually be there for only a matter of months, when what we really need to look at, rather than short-term spot purchasing of places, is long-term planning? Children need to go into good-quality residential children’s homes—the quality still needs to be improved—as a long-term planned option, just as it is for long-term fostering, rather than as a last resort. If that were the case, enabling children to stay on, which would be wholly consistent with fostering, could be seen as much more of a natural process.

[Craig Whittaker]

I agree absolutely with the sentiments expressed by my hon. Friend, who has had massive experience in this field over the years and has worked tirelessly for young people. The solutions sought for these young people need to be diverse, but long-term planning for residential care is, without question, vital.

The problem with allowing the amendment just for those in foster care is that it leads to inequalities and discrimination within the system, creating a two-tier system for these vulnerable young people. It does not include young people in residential care, so the state just washes its hands of children anywhere between the ages of 16 and 18 and cuts them free without any support in the big wide world. I have even heard stories of young people being sent back to their birth families just a few days before their 16th birthday, so the local authority no longer has to support them.

As chair of the all-party parliamentary group on looked-after children and care leavers—a post held that the Minister held before me, so he has had massive experience with the APPG—I have been inundated with stories of young people feeling that the state is yet again letting them down because of the inequality and discrimination being created. In this particular case, however, I have noted a real anger coming from those young people in residential care—an anger that I feel is justified. The brilliant campaign led by the “Every Child Leaving Care Matters” team has in less than a month secured 5,000 signatures for the petition from care leavers to change the Government’s mind, and this has been backed by academics and charities from all over the nation. Five thousand young people cannot be wrong: they are angry about their exclusion, and as one young man said to me, “We are being stitched up yet again.”

[Bill Esterson (Sefton Central) (Lab)]

I congratulate the hon. Gentleman on securing the debate and on agreeing with the intervention by the hon. Member for East Worthing and Shoreham (Tim Loughton). I suggest that the long-term objective might be to treat children—whether they be in foster care or residential care—as if they were our own children, which is supposed to be the situation now. That implies a much more flexible and longer-term view of how long these children should stay with their parents.

[Craig Whittaker]

The hon. Gentleman is absolutely right. I believe that nowadays the average age of young adults who live at home with their parents is 26 or 27, so why on earth should we cut these young people off all of a sudden when they turn 18, and send them off to fend for themselves? It just does not seem right.

I would argue, as would many others, that young people in residential care are the most vulnerable of all. The majority have been through the fostering system, and have found themselves in placements that break down. The average number of placements for each child in the care system is seven, and the figure is generally much higher for those in residential care. Ben Ashcroft, who is a care leaver, had a total of 37 placements, and wrote a book about his experiences called “51 Moves”.

[Jim Shannon (Strangford) (DUP)]

I congratulate the hon. Gentleman on raising this important issue. Does he agree that continuity is essential for young people whose lives have been turned upside down and who have reached a critical point in their lives, and that they must be in a place that they can look on as their own and can see as being long-term rather than short-term?

[Craig Whittaker]

The hon. Gentleman is right. Traditionally, there has been a severing of the relationship between the state and these young people. It is vital for us to provide a long-term plan and security for all of them, not just for a section of them.

Another young man who contacted me recently had had more than 85 placements. His case and Ben Ashcroft’s are extreme, but young people in residential care have far more than the average seven placements.

Why should we want to discriminate against the most vulnerable members of an already vulnerable group? Most of us who are close to the system understand that it is not quite as simple as delivering foster placements until young people reach the age of 21, but the Government have been very quiet about those in residential homes, and about what some of the solutions might be. The Staying Put agenda has been piloted, tried and tested for young people in foster care, but nothing has yet been piloted for those in residential care. We need, at the very least, an announcement from the Government that there will be such pilots, and an indication from them that young people in residential homes can have the same rights and entitlements as those in foster placements until a long-term solution is found. However, the silence is deafening.

I understand the caution, but I do not believe that young people who are in placements now, who are settled, and who will benefit from remaining in those placements until they are 21 should have to move elsewhere simply pending further research. They have needs now. Some will be facing failure, destitution, homelessness, exploitation and all the other risks that young people face on their own. That is happening now—not in the future, but now. Those young people should not be placed at risk pending further research.

One of the Government’s concerns is that allowing young people to remain in children’s homes after their 18th birthday may cause problems for younger children placed, and that safeguarding issues could be involved. I struggle to see how a young person who is settled in a children’s home and enjoys a positive relationship with staff and peers should suddenly become a safeguarding risk when he or she turns 18, having never been so before.

Some people argue that it is too soon to include changes in the leaving care arrangements for children placed in children’s homes by April 2014. I see no reason why those who are settled in placements, enjoy positive relationships and want to stay with the agreement of those in charge of their placements should not be supported and allowed to do so. The Government should give a commitment to support all young people leaving care until they are 21 by April 2014, while work is being done to establish how than can best be achieved.

If cost is the issue when it comes to including the 9% of young people in residential care in the amendment, I must ask what the cost is of supporting young care leavers in the criminal justice system. I would ask about the costs to the benefits system and the mental health system, and the huge costs associated with homelessness.

I recently highlighted a potential saving—and a good way of paying for such a scheme—that would involve ensuring that the birth parents did not continue to claim family benefit for the young person. Evidence from inquiry workshops relating to the report on entitlements produced by the all-party parliamentary group on looked-after children and care leavers showed that several young people on those workshops had birth parents who were still claiming child benefit from the state on their behalf, even though they had been in care several years.

The law says that local authorities should stop the benefit when a child is taken into care, but in reality that practice is rather hit and miss. If the Department for Work and Pensions incentivised local authorities to stop the benefit by giving them, say, half the child benefit, we would have a win-win situation, with savings for the DWP and extra money to fund a scheme for local authorities. Sadly, however, the DWP fails to admit that this is an issue, despite those young people saying that it is.

The changes in the Children and Families Bill are being made to improve the support for young people leaving foster care. However, the changes, which will in effect increase the care leaving age for many fostered children but not for those in other residential settings, could have unintended consequences. They risk creating a two-tier care system, in which children in foster care receive longer aftercare support than those in residential settings. They risk creating an “underclass” of children in residential care who will still have to leave care at 18. They risk reducing real choice for children, as they will be compelled to accept family care in order to gain better aftercare. They also risk creating serious issues for social workers when family placements are breaking down, because the social workers might repeat family placements in an effort to protect aftercare instead of considering the best option for the young person, which might include a residential care option. Finally, they risk creating a negative impact on the self-image and confidence of children in residential settings other than foster care, who might feel undervalued and discriminated against by a change that excludes them through no fault of their own.

I would like to ask the Minister why young people in residential settings who are settled in placements, who enjoy positive relationships and who want to stay, with the agreement of their placement, should not be allowed and supported to continue to do so? There are no reasons why that cannot be done while the research into the best long-term options is ongoing. What is the Minister going to do to address any possible gross discrimination? Will he tell those young people what the Government’s plans are for pilots for a long-term solution that will give them the same support as young people in foster care? The brilliant amendment to the Children and Families Bill would represent a fantastic advancement for all young people in care, not just those in foster care.

[The Parliamentary Under-Secretary of State for Education (Mr Edward Timpson)]

I congratulate my hon. Friend the Member for Calder Valley (Craig Whittaker) on securing this important debate. As my successor as chair of the all-party parliamentary group on looked-after children and care leavers, he is well placed to bring to the House the concerns and views of the many children and young people who actively participate in the group’s work. Like him, I completely recognise the vital need for care leavers to be provided with good-quality, stable accommodation and support if they are to make a successful transition to adulthood. Likewise, I am sure that he recognises my personal commitment, and that of the Government, to making substantial improvements to services for care leavers. That will include ensuring that young people are given help to access suitable accommodation with the right support.

As has been said, we recently announced our intention to place a new legal duty on local authorities to provide staying-put arrangements, supported by additional funding of £40 million to local authorities over the next three years. We will introduce a new clause into the Children and Families Bill to place a duty on local authorities to give young people the opportunity to “stay put” with their former foster parents from their 18th birthday until they are aged 21. We have worked closely with the Who Cares Trust and other interested parties to ensure that we get the wording of the new clause right, and I look forward to tabling it soon.

That is not the only step we are taking. This is all part of our wider reform programme to provide care leavers with much better support as they move into adulthood. Other reforms include changing the rules so that 16 and 17-year-olds remain in care until they are ready to move out, and providing much greater financial support for young people leaving care at 18.

My hon. Friend has secured this debate in order to express his concern about the potential for inequity between young people in foster care and those in children’s homes. So let me be clear: I want to ensure that all care leavers, whatever their placement while in the care system, are provided with the appropriate support when they leave care. As my hon. Friend is aware, one of my two adopted brothers came to live with my family from a children’s home, so I have a deep personal interest in wanting to see all children’s homes provide the best-quality care and support on offer, both during a child or young person’s time in care and as they move on to independent living or other accommodation.

My hon. Friend says that for some young people staying in the children’s home is the right thing to do. I agree, and the law is clear that local authorities can already provide funding and support to a young person to stay with their former foster carer or to remain in a children’s home beyond their 18th birthday, and we know and see examples of that already happening. The issue, however, is whether it is appropriate to place a new duty on local authorities to provide a particular type of support to all young people in children’s homes.

The evidence for placing such a duty on supporting staying-put arrangements for young people in foster care is robust. Staying-put arrangements were tested out in pilots, and proved to have a positive impact on their outcomes. Research from the Fostering Network since the pilots ended shows that, where these arrangements continue, they show similar positive outcomes. Making the transition from a children’s home and from a foster home are very different, however. For some children, leaving a children’s home means moving into residential accommodation for adults. For others, it will be supported accommodation back in their home community; I acknowledge that many—too many—children’s homes are miles from where their families live. We also know that a disproportionate number of young people leave children’s homes and go home to live with their families.

There are also a number of practical and legal issues we would need to consider and test out before placing a duty on local authorities to have to provide staying-put arrangements in children’s homes. A key barrier would be having vulnerable adults living alongside much younger vulnerable children. My hon. Friend addressed that point, but children’s homes are, in law, establishments “wholly or mainly” for children and are registered as such by Ofsted, which, as my hon. Friend mentioned, inspects children’s homes and makes judgments on how the home is achieving outcomes for children. As part of our wider reform of residential care, a much stronger inspection regime will be put in place to help drive up quality standards.

Given that most children’s homes are now very small—typically 2, 3 or 4 beds—extending staying put could result, for example, in a home accommodating two or three care leavers and one child. In this case it could not be registered as a “children’s home”, as it would mainly be an establishment accommodating young adults, which could cause difficulties for the only child living there. For the same reason, Ofsted would not have any legal scope to regulate and inspect this service.

I recognise, however, that these should not be viewed as insurmountable barriers, so my hon. Friend will be pleased to know that I have asked my officials to work with the National Children’s Bureau, the Who Cares Trust and Catch 22 to look at the practical issues of introducing staying-put arrangements in children’s homes over the coming year.

[Craig Whittaker]

The news my hon. Friend has just announced is very welcome and I thank him for it, but I want to challenge him on some of his points about children’s homes and the number of adults staying in them. He has said that local authorities can already allow someone who is 18 to stay in care. Surely if that is allowed, the problems he is bringing up are not insurmountable and can be put right.

[Mr Timpson]

I have expressed a clear view about some of the legal and practical issues that remain. It is right that we consider them carefully and understand the consequences more widely across the residential care sector before taking any further steps. I want to be absolutely clear that I am not looking to find excuses not to do this. I am trying to establish what we will need to do to make me feel confident that any further steps we take will achieve what we all want, which is much more stability in placements, whatever that placement may be while in care, and a much better transition into adulthood that is co-ordinated and planned properly as a consequence of the input from the professionals involved in that young person’s life.

As I said to my hon. Friend when I recently gave evidence to the Education Committee on this issue, if I believed that including children’s homes and staying-put arrangements was the right thing to do at this juncture, I would do it in a heartbeat. However, I think it would be premature to place a new duty on local authorities now or to pilot a scheme before the work being carried out by the National Children’s Bureau is completed. I also think such a move would be wrong when we know there needs to be fundamental reform of children’s homes, as the 2012 report by the Deputy Children’s Commissioner and the all-party group on runaway and missing children and adults illustrated so clearly.

I wholeheartedly agree with my hon. Friend that children’s homes should not be seen as a last resort and should be a positive option for many, as I have said on several previous occasions in public and am happy to reiterate this evening. However, too many current homes are simply not good enough. He has said that Ofsted inspection reports show that most homes are rated as “good”, but that is under the current system of national minimum standards. Although there are undoubtedly some excellent children’s homes, and we should applaud them and try to encourage what they do well to be spread more widely, we do not think these standards—the “good” standards—are good enough, and neither do many of the children and young people in residential care. We want to raise the bar and move to much higher quality standards.

Young people living in residential care are more likely to make an early transition from care at aged 16 compared with those living in foster care. Those who do leave at that stage are less likely to be in education, training and employment, as my hon. Friend said. That is why I have introduced a new duty that directors of children’s services must sign off the pathway plan where it suggests a young person should leave care between the ages of 16 and 18. As I said a few moments ago, research has found that many young people are dissatisfied with the support they receive, and report shortfalls in planning and preparation for leaving care, which leaves their needs unmet.

Our immediate priority is to press ahead with driving up the quality of residential care, and we have set out a substantial programme of work to do that. We also want to test out new ways of delivering residential care via the children’s services innovation programme I recently announced. It will catalyse the development and spread of more effective ways of supporting children and of new approaches to commissioning—the point my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) made—and managing that support. Part of that may well include a move away from spot purchasing and towards more regional commissioning, as well as the extension of a children’s homes remit further into adulthood. Our approach will build on the call for change from the field, as evident in the Association of Directors of Children’s Services “What is care for” report and in the Local Government Association’s report on the strategic commissioning of children’s homes.

The “What is care for” report proposes a more fluid boundary between care and community services and new, more flexible models of care, particularly for troubled adolescents who often end up in care and placed in children’s homes. By winter 2014, we will support the developing, testing and implementation of the most promising approaches both in delivery and around the structure of services. I encourage all those who want to see improvements in residential care and its role in the transition to adulthood to come forward with their own ideas as to how best to achieve just that. We must get the system right before considering whether to run pilots or impose a duty on local authorities that requires them to provide staying-put arrangements in children’s homes. We must be confident that homes can offer children provision of the highest standard and that the £1 billion per year that we spend on placements in children’s homes is truly delivering for those living in them.

As I said at the beginning of my speech, this all comes against the backdrop of a wider reform package for care leavers. It is important to remind the House that, to date: the Government have launched the care leavers’ charter, which sets out the support that care leavers can expect right up to the age of 25, with more than 120 local authorities now signed up; we have introduced the junior independent savings account for all care leavers, with more than 40,000 accounts now open, and with a £200 contribution from government; I have written to all local authorities calling for a dramatic improvement in financial support for care leavers, resulting in a tripling in the number of councils now paying £2,000 or more through the setting up home allowance; and we have published the first cross-government care leavers strategy, which sets out in one place the steps government is taking, from housing to health services, and from the justice system to educational institutions, to support care leavers to live independently once they have left their placement.

I will take away the valid point raised by my hon. Friend about the post-care use of child benefit, and the correspondence that he has had with the Department for Work and Pensions. I am happy to work with him to ensure that the response that he receives from my ministerial colleagues in the DWP is sufficient to push that issue further forward, and I will happily discuss that with him in due course.

I am determined to improve the outcomes of all care leavers, and I hope that the action that this Government have taken to date amply illustrates that endeavour. However, I am not yet convinced that placing a duty on local authorities to offer staying-put arrangements in children’s homes is the right thing to do at this time.

I am acutely aware of the disappointment that this brings to many of those young people currently in residential care, and I share the ambition to see staying-put arrangements take hold in children’s homes, as has been the case and will now more widely happen in foster homes. Councils can, in certain instances, already do that. We first need to see more fundamental reform. We need to be confident that any change to the law is founded on good, sound evidence and that it will deliver what we all want to see. Sadly, we have not yet reached that point, but I hope my hon. Friend recognises my ongoing commitment in this area, as well as the significant progress that the Government have already made. I am grateful to him for securing this important debate.

Question put and agreed to.