Children and Social Work Bill [Lords]

Debate between Diana Johnson and Angela Rayner

2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons & Ways and Means resolution: House of Commons
Monday 5th December 2016 Commons Chamber

[Angela Rayner (Ashton-under-Lyne) (Lab)]

We welcome any attempt to improve the lives of children in care, and I am sure that aim is shared in all parts of the House. The challenges facing those children are significant, as is the effort needed to tackle them. The National Audit Office said recently:

“Nationally the quality of help and protection for children is unsatisfactory and inconsistent, suggesting systemic rather than just local failure.”

The Government need to take action in the Bill to address that failure, rather than make it worse. I hope that the Secretary of State is listening to this very important debate, even if she is not able to attend the Chamber.

A new report by LaingBuisson for the Department for Education, which was published only last Friday, considered the options of outsourcing and developing markets in children’s social services. That is privatisation by another name. Quite simply, it would be not just the wrong solution, but no solution at all.

Following the excellent work of my noble Friends and others in the other place, the clauses that would have allowed local authorities to derogate from their existing legal obligations are no longer in the Bill. However, given the seriousness of the proposals and the timing of that report, I must ask the Secretary of State’s Department to think again and guarantee to this House that the Government will not seek to use the Bill as a vehicle to privatise children’s social services.

I hope the Minister can give us that assurance later, because there is a good deal to welcome in the Bill. From the principles of corporate parenting to the local offer for care leavers, there are steps towards helping young people in care and leaving care that we welcome. I do not want to have to divide the House in later stages and the Opposition would like to make progress collectively.

This issue is vital to the collective good of our nations. The services that are provided and the great work that is done on the ground by many public sector workers should be applauded, as they change lives every single day. I must declare an interest as my niece is one such worker. Our aim collectively within the Bill should be to enhance and enable that important work. Privatisation and fragmentation are not the answer. Our overall concern is less with what is in the Bill than with what is not in it. In short, the Bill lacks the ambition to have the meaningful impact on the lives of vulnerable young people that is needed.

If we are to make significant progress, we have to improve child mental health services. The Bill focuses on adoption, which is hardly a surprise—in the past several years, the Government have taken several steps to make it easier to adopt, such as the Education and Adoption Act 2016 —and we welcome measures that support adoption, but surely the Minister is aware that only one in every 20 children in care goes on to be adopted, so can he explain to the House why the Bill, much like the last one, focuses exclusively on adoption and does not contain provision for other forms of care? Would this not have been an opportunity to come forward with a comprehensive strategy for children in all forms of care? Will he indicate whether we might anticipate further legislation or whether he thinks that no changes are needed?

Similarly, we welcome the principles of corporate parenting, but there are questions about why the Bill does not go further. I am sure the Minister agrees that children in care will often have complex needs that require a joined-up approach across public services in order to get the best possible outcomes, so will he explain why there is no provision in the Bill to facilitate ways for public services, such as health and education, to play a key role in ensuring good corporate parenting? These public services play a key role in ensuring the best outcomes for children in care, yet there is no apparent involvement for them in the corporate parenting principles.

The principle of the local offer is welcome, and we supported it when it was introduced for children with special educational needs and disabilities in the Children and Families Act 2014, but we have since seen failings in practice, with the quality of local offers varying wildly between local authorities, no minimum guarantees of quality, no statutory guidance and no certainty that the local offer will be available to all those who need it. When there are no minimum guarantees of quality, we know which areas will lose out. Overwhelmingly, it will be areas already facing disadvantage that will not get the support they need.

There are already unacceptable variations in spending on children’s services between regions. In one local authority, £4,970 is spent on children in need; in another, it is only £340. The Department for Education’s own figures show that these spending inequalities fall along our all-too-familiar geographical divides.

[Diana Johnson (Kingston upon Hull North) (Lab)]

In my conversations with Hull City Council’s children’s services department, it talks to me about the resource inequalities it faces and the very disadvantaged community it serves. It is not asking for powers to innovate; it is asking for proper resources to provide the services that young people need in the city.

[Angela Rayner]

My hon. Friend makes a significant point. Local authorities in the north-west, such as mine, have faced cuts of 50% since austerity while trying to deal with the complex needs of their communities. I ask the Government to look again at that.

In the south-east, spending tends to be much higher than average, but, as we move through to the midlands and the north-west, spending in local authorities is far lower. Once again, levels of spending on public services fall on either side of the north-south divide, with the north losing out. In his final report as Her Majesty’s chief inspector of schools, Sir Michael Wilshaw has singled out the north-south divide as one of the great challenges facing our education system and our country, and only this morning the Children’s Commissioner said that the problem was simply that parents in the north were not as ambitious as those in the south. I am sure that the Minister for Vulnerable Children and Families, a parent from the north himself, will agree that such comments are neither acceptable nor helpful. In an effort to ensure that all regions of our country, north and south, benefit from the local offer, I hope he will seek to put clear national standards in the Bill that all local offers will have to meet. There is a clear case for proper guidance on what the local offer should contain and how to make it accessible to all those who need it, drawing on the best available practice. Will the Minister tell us why these issues have not been addressed in the Bill, and whether the Government will bring forward amendments during its passage?

Part 2 establishes the new regulator, Social Work England. I want to pay tribute once again to the excellent work done by the parties in the other place. Following their scrutiny, plans to place regulatory control with the Secretary of State were defeated. I am sure that the Minister would acknowledge the norm that regulators are operationally independent from Government and, in this case, serve the interests of children. Will he guarantee today that that independence will be respected as the Bill is ultimately agreed?

While we welcome the new regulatory body, assuming that it is effective and independent, we will seek answers to a number of questions about how it will function. After all, the Government seem to want Social Work England to have a representative improvement and regulatory roles within the profession, yet they have not told us how it will be achieved. We have no detail on the remit of the work of the new regulator. As it stands, we will find out only through a series of regulations to be made by the Secretary of State. Will the Minister tell us exactly what the remit and powers of the new regulator will be, and why it is appropriate for those to be decided in secondary legislation, away from scrutiny of the full House? After all, we have been down this path before. Only four years ago, the General Social Care Council was closed. What, then, will be done differently this time to ensure that we do not look back in a year or two and see yet another regulator that has been closed down?

We broadly welcome what is in the Bill, although we hope that the Minister will answer some of the many questions that remain. Once already in the other place, the Government’s plans for the outsourcing and privatisation of our children’s services, dressed up as “innovation”, were defeated. Nobody in the profession believes that privatisation is the answer to the immense challenges it currently faces, and neither can it alleviate the growing demand for children’s services.