Children and Social Work Bill [HL] Debate
Full Debate: Read Full DebateEarl of Listowel
Main Page: Earl of Listowel (Crossbench - Excepted Hereditary)Department Debates - View all Earl of Listowel's debates with the Department for Education
(8 years, 1 month ago)
Lords ChamberMy Lords, I know the Minister will think that I go on about the issue I am about to raise, and in a sense I am not apologising. I remind the House of my interests as chair of Changing Lives, a charity based in the north-east of England.
Children who are removed and placed in care are overwhelmingly from economically and socially deprived backgrounds. There has been a lot of evidence on this, recently and over many years. The experiences of those who try to parent in a profoundly unequal society are simply not considered sufficiently. That sounds a bit academic—let me explain what I mean. Mental health difficulties, substance misuse and domestic abuse are seen and accepted as central risk indicators for child abuse. However, these are intrinsically linked with living in poverty and disadvantage in a very unequal society. Psychosocial reactions to deprivation and shame, which are the experience I am talking about, are important in understanding self-harm and harm to others.
Currently, our policy has moved—on some occasions I have been part of that movement, and have resisted it on others—to being absolutely focused on the individual child, with very little space to consider the family context. As I have consistently argued in this House, the role of wider family members—of grandparents, siblings and friendship networks in supporting children—is too often neither recognised nor supported effectively.
Perhaps it would help if I reminded the House of an actual case which came from a Family Rights Group assessment—a study that was done on some of its advocacy work. The study says: “Julia cried as she explained that social workers had told her she was unable to have healthy adult relationships as a result of a brief period in care as a young child. Her child had been removed from her because it transpired that her partner had a history of abuse that she had been unaware of. She immediately separated from him and paid privately for counselling as it was not available from the social worker, who was concerned with the child’s welfare only. Despite her actions, the child was placed in care while a risk assessment was carried out. No one seemed to have considered the ironies here. Would such a separation, for example, result in this child being seen, too, as unable to have healthy adult relationships?”. In other words, the whole system was reinforcing the problems, rather than tackling them.
The importance of attachment is recognised in study after study of child-rearing. Not to understand and consider that in our child protection policies is, at best, unwise. This amendment seeks to ensure that appropriate counselling and therapeutic support is offered to any parent whose child is permanently removed. The context of the amendment is that child protection inquiries are continuing to increase; the number of new care proceedings is at record levels. As of 31 March 2016, there were over 70,000 looked-after children in England, which is the highest figure since 1985. If this does not tell us that we have to think again about what we are doing, I do not know what will.
The new clause would enable any parent whose child has been permanently removed to get the therapeutic support and counselling to help them deal with their grief, emotional hurt and other difficulties, so they can avoid the appalling cycle of repeat pregnancies that lead to repeat removals of children. Analysis of court data found that one in four mothers subject to care proceedings was subject to repeat care proceedings. That figure rose to one in three for those who became mothers in their teenage years. Provisional results from further analysis show that more than six out of 10 mothers who had children sequentially removed were teenagers when they had their first child. Of these, 40% were in care, or had been looked after in the care system, during their own childhood.
The figures go on. Some 354 mothers were looked at in this study of recurrent care proceedings. It found that approximately 65% had had their mental health issues mentioned in their first set of proceedings; 75% had domestic abuse mentioned in their first set of proceedings; and 90% had experienced some form of neglect or abuse—emotional, physical or sexual—in their childhood.
The President of the Family Division has recognised the importance of the work that programmes such as Pause are doing in trying to make sure that there is not this cycle of repeat pregnancies and repeat admissions to care. But the programmes that are available, including the one we run in Newcastle, are not nationwide or underpinned by any statutory duty. Most vulnerable parents who have lost a child are therefore left unsupported emotionally and not assisted to parent in future. The new duties set out in the amendment would ensure that all parents who have lost a child receive the therapeutic care and counselling that would help them to avoid that cycle.
I move this amendment in the hope that, in thinking about the future of social work and children in care—and I know that the Government are doing that—they look carefully at the evidence on the importance of working effectively with women in vulnerable situations, so that they are better able to handle the trauma in their lives that inevitably adversely affects their relationships and those they can develop, particularly with their children.
The charity that I chair works with many women who are in this position. Among other work, we have a project in Newcastle that works with women recovering from addictions, and with their children, in a residential setting. Many of them have already lost children into care, and we work with them intensively for about six months. The programme has been successful in breaking that cycle, which has meant that the local authorities involved will happily talk to the Government and others about saving money through children not having come into care who otherwise would have. This is a really challenging time for the Government regarding the future of social work and children in care, and this is one way we can help to break a cycle that is not only depressing but destructive to the children and mothers involved. I beg to move.
My Lords, I support the noble Baroness’s amendment and what she has said. After witnessing this weekend, at a gathering of child and adolescent psychotherapists, the superb work that a therapist can do in supporting mothers and their infants to make good, strong relationships, I know that what she asks for is absolutely crucial. It was wonderful to see, for instance, the case of a mother who had grown up with a violent father, been taken into care and then gone on from care to become a teenage mother and have several of her children removed. Then she found the help of a child psychotherapist who helped her to understand her relationship with her child and to build a strong attachment with that child, so that eventually she was able to get back her other children. So I agree absolutely with what the noble Baroness is calling for. It is particularly important in the light of the recent view expressed by the President of the Family Division, highlighting the year-on-year increase in the number of children being taken into care, expressing the concern that that may well accelerate. It is much more difficult to give a high quality of care in the care system if the numbers of children arriving increase year on year.
I was grateful to the Minister for offering to meet me yesterday to discuss whether more can be done by central government to minimise the flow of children coming into care. I look forward to that meeting. I am particularly concerned about the new lower benefit cap and how it might impact on families. The noble Baroness, Lady Armstrong, highlighted the background of poverty for most families whose children are taken into care. I am concerned that this may increase that poverty and force more of these families into homelessness. It raises the risk of more children being taken into care—but we will debate that this evening in the dinner break.
My Lords, I support the amendment moved by the noble Baroness, Lady Armstrong. I remind the Minister that there have been many initiatives by far-sighted people, including judges such as Nicholas Crichton, who have looked at the issue of repeat pregnancies when a child is taken away from a birth mother.
There is a growing body of evidence, but what have the Government done to look at it in terms of cost-effectiveness? One’s instincts are that this is a good investment. Certainly, sober judges have thought that this was a good investment and have raised the money to put some of these projects in place. Is it not about time the Government looked at the evidence on whether it is cost-effective to go to a scale on this kind of initiative?
I thank the noble Baroness, Lady Armstrong of Hill Top, for her amendment, under which local authorities would be required to provide counselling and therapeutic support to parents who have had children taken into care to prevent any further children being taken into care. This is an important issue and, contrary to the noble Baroness’s introductory remarks, I am pleased that she has raised it and I am grateful to her, the noble Earl, Lord Listowel, and the noble Lords, Lord Warner, Lord Hunt and Lord Ponsonby, for their contributions to today’s debate.
As their Lordships will know, the Government believe that children are best looked after within their families, with their parents playing a full part in their lives, unless intervention in that family’s life is necessary. One of the fundamental principles of the Children Act 1989 is that children should be brought up and cared for within their families. Indeed, Section 17 of that Act embodies that principle, with local authorities under a statutory duty to provide services for children in need and their families to safeguard and promote the welfare of such children and promote their upbringing by their families. Local authorities also have a duty to return a looked-after child to their family unless this is against their best interests.
The noble Baroness is right to emphasise how important it is to support parents who have had children taken into care. They need the right type of intervention to allow them to be effective parents for that child if they are returned to them, any other children in their care and any children they may have in the future. We share this commitment, and the legislation and our statutory guidance, Working Together to Safeguard Children, reflect this. Working Together is clear that any assessment of a child’s needs should draw together relevant information from the child, their parents and any other professionals in contact with them. Every assessment of need must be child-centred and must acknowledge that many of the services provided as part of a child in need or a child protection plan will be to support the parents to make sustained change so they can look after their children well.
Alongside the child’s needs and wider family and environmental factors, parenting capacity is a crucial element of a good assessment, as Working Together makes clear. If support is needed to improve parenting capacity, a good assessment will identify this and enable the specific support needs identified—which will vary depending on the circumstances of each case—to be provided. If a child is removed, their parents should continue to receive help and support. If they go on to have further children, Working Together is clear that the level and nature of any risk to the child needs to be identified at a pre-birth assessment and the appropriate help and support given to these parents to support them with making a sustained change.
The noble Baroness might be interested to read, if she has not already done so, the research Assessing Parental Capacity to Change when Children are on the Edge of Care: An Overview of Current Research Evidence, published by the Department for Education in 2014. Among other things, the research sets out the parental factors that are known to be associated with a risk of significant harm to a child, the factors that can reduce the risk of harm and the likely nature of that harm. The report highlights the extensive body of research that shows that a range of problems can impair parents’ ability to meet the needs of their children. These include, but are not restricted to, poor mental health, problem drug and alcohol use, learning disability and domestic abuse. This underscores the need to make sure that parents receive the right type of support to meet their particular needs and circumstances.
Of course, there may be circumstances where counselling will always be appropriate. Because adoption, unlike any other permanent option, involves the ending of a child’s legal relationship with their parents and family, and the creation of a lifelong relationship with new parents, adoption agencies have a legal duty to provide a counselling service for the parent or guardian of the child. Local authorities and voluntary sector agencies that provide these services often, where appropriate, also use the service to support birth parents whose children have been taken into care. In the London Borough of Hammersmith and Fulham, for example, Ofsted inspectors found:
“In all cases seen by inspectors where placement orders had been granted, there was evidence of birth parents being offered referral to support services and mothers were offered referrals to commissioned services to avoid repeat pregnancies where proceedings were likely to result”.
We know that the cycle of care too often continues and that parents who have a child taken into care may well be more likely to have another taken into care later. The noble Baroness referred to some depressing statistics in this regard. The Department for Education’s innovation programme has supported the Pause project, to which the noble Baroness referred, to the tune of £3 million to support women who have experienced, or are at risk of, repeat removals of children from their care. The project aims to break this cycle and give women the opportunity to develop new skills and responses that can help them create a more positive future. Early indications are showing positive results for all 150 women Pause is currently working with, and in some instances the project is enabling them to engage in positive and consistent contact with their children.
Noble Lords will be pleased to hear that, given its success since Committee, the Secretary of State announced last week that further support is to be offered for programmes such as Pause to build on early successes of the programme, and that the programmes’ reach would be extended from six to 47 areas, with up to a further £7 million. This will provide much-needed further evidence on which we can assess our proposals. I hope the noble Lord, Lord Hunt, is pleased to hear that.
Through the innovation programme, we are also continuing to fund the family drug and alcohol court service, which provides therapeutic support to parents whose children are at risk of being taken away from them. Again, often these are parents who have had other children taken into care in the past.
Changing practice like this provides a more effective means of ensuring that we break the cycle. Mandating that local authorities provide counselling or therapy may help some, but it will not be the answer to all the complex problems in this context and will not provide the right support to all parents.
Given that the existing statutory framework is clear that local authorities must provide services to support children in need and their families to stay together, and the innovative ways that we aim to change practice, including further support for Pause and other projects, so that we can build up further evidence, I hope the noble Baroness will feel reassured enough to withdraw her amendment.
That is such good news regarding the funding of Pause and the family drug and alcohol court. There has been concern about the continuing funding of both those. Will the Minister clarify that the future funding of the family drug and alcohol court is secure? Perhaps he would like to write to me on that point.
The noble Baroness makes an eloquent and persuasive case for what the Government are proposing. I only wish that voices like hers were made available to those who will be affected by this legislation at an early stage so that they can digest and reflect and think that possibly the Government might have some reason for this proposal. Very sadly, the paper that introduced this notion came out when this Bill was in Committee in July, so there has been no consultation among the middle workforce. We hear that only one-tenth of social workers supports this clause. Barnardo’s, Action for Children, the NSPCC, the National Children’s Bureau and Mencap are all strongly concerned and are against Clause 29.
Listening to this debate, I thought about the experience of children taken into care—children whose voices were very often not heard by their families. Their interests and concerns were not listened to by their families, and I feel that the process followed in this arrangement leaves social workers and those working with these children very much in the same position: we risk leaving them feeling that their voices and concerns have not been heard because of the very unsatisfactory way in which this provision has been introduced. I have some sympathy for what is being presented and some understanding of the risk of too much regulation, following one crisis after another. But I am afraid that the way in which this has been introduced simply risks demoralising all those who work on the front line.
I support my noble friend’s Amendment 57, but I am grateful to the Minister for the helpful briefings arranged on this clause and encouraged to learn from his recent letter that he has established a consultative group of practitioners and this new panel, and that in the implementation the Children in Care Council will be consulted. As I say, the first rationale that I am aware was publicly provided for this controversial measure was in the document published during Committee in the summer. The Government have been very slow in bringing forward credible examples of how the clause will be used and how it is necessary. The noble Baroness was very helpful in what she said, in being specific about the changes, but this is very late in the day. Much as I respect the clause’s advocates, I have not found one social worker or child psychotherapist or one provider of children’s services in the several organisations that I am associated with who supports this. It would be helpful if there could be a proper consultation. To achieve the Government’s vision of social care reform, surely they must bring at least a critical mass of social workers and social care professionals with them. I implore the Minister to take this clause back to the sector, to consult and collaborate with it, and to produce something that we can all get behind.
Recently we have been concerned about Brexit and whether the Government—the Executive—would consult the legislature—Parliament—about its implementation. I ask Members of your Lordships’ House and the other place how they would feel if the senior authority sought to push through something which would affect them so much without consulting them first. I am afraid that this is exactly how many of those working practically in the field feel. That is why there is this depth of concern about these proposals.
My Lords, I regret that I was unable to attend Grand Committee because of certain personal problems and trying to do my day job, in which I declare an interest, of running a local social services authority. It is an innovative authority, achieving for children, which was established by the London Borough of Richmond, in common with the then Liberal Democrat Royal Borough of Kingston, as a community interest company to enable high-quality social work to be done locally and to help others. I recall that when it was proposed everyone said it was a dangerous experiment and should not be tried and that it would lead to all kinds of dangers. However, we have found that care in Kingston has been transformed and our senior social workers have been able successfully to give advice to other authorities such as Sunderland, Wandsworth and others. We should not fear innovation.
As many have recognised, the background to this proposal is, as the Munro report said, that there is a risk of too much rigidity, overregulation and stifling the good for the always important sake of protecting the vulnerable. However, having listened to the debate, I find that some remarks were astonishingly apocalyptic. It is nonsense for the noble Lord on the Front Bench opposite—or indeed, with all due respect, for the noble Lord, Lord Low of Dalston—to talk about privatisation in the context of a debate in which the Government have tabled amendments to say that profit will be ruled out. The noble Lord, Lord Watson, may know of private sector operators who are keen to operate on a loss-making basis, but I have yet to meet one. The talk of privatisation is reckless. It spreads disturbance where it need not be spread and is not germane to the point before us.
Everyone, from every Bench, including the noble Lord, Lord Ramsbotham, has said that they like innovation. The noble Lord likes to see change and things being done differently in the Army. The tenor of the debate has been, “We would like innovation but we cannot allow it because it is too risky”. If the Army had operated on those principles it would still be advancing in close order, line abreast, in red coats.
What is before us is not wholescale radical change but a limited power for social workers to innovate, to try to do a better job for the people they want to serve. It is disappointing. I have spoken often in this House, with Members on other Benches, and I feel that professionals in local authorities are not trusted enough. It is a constant theme of the speeches I make in your Lordships’ House. Sometimes I feel like a lone voice on the Benches behind the Government, I have to say. But here is a small, limited proposal that asks us in Parliament to trust local authorities and the advice of professionals who wish to innovate.
Many of the speeches have been made as if the amendments put forward by my noble friend on the Front Bench had never been tabled. Here is a man who I have heard rightly praised, on every piece of legislation we have had concerning children, for his capacity to listen and make changes with deep sensitivity to the concerns and interests of children. He has come forward with proposals answering your Lordships’ concerns, many of which have been expressed legitimately, and it is proposed that they be rejected out of hand. I see the noble Lord, Lord Low, rising. I will of course hear what he says.
My Lords, I strongly support these amendments. The political commitment to give the UN Convention on the Rights of the Child due consideration in policy-making was very important and is welcome, but it is not enough, as the JCHR’s report on the UK’s compliance with the convention in the last Parliament clearly demonstrated.
I declare an interest as a former member of the JCHR, along with the noble Lord, Lord Lester. The duty does not apply, for example, to local authorities or other public authorities. The Government have said that they remain to be convinced that such a duty would make a real practical difference to children’s lives and outcomes, rather than—as the noble Baroness, Lady Walmsley, noted—produce a so-called tick-box mentality and create bureaucracy, rather than change mindsets and culture. Yet Parliament’s own committee, charged with safeguarding human rights, supports these amendments.
As we have the heard, the evidence from Scotland and Wales suggests that such a duty makes a real, practical difference. The criticisms made of this country by the UN Committee on the Rights of the Child suggests that what we have at present simply is not sufficient to safeguard children’s rights. Can the Minister spell out what further evidence the Government need to convince them of the practical value of such a duty? What evidence do they have that it would produce box ticking, rather than cultural change? I fear that the current political commitment has not produced the cultural change that I agree we need. As the noble and learned Lord, Lord Woolf, has said, by opposing this very basic amendment, which is doing no more than putting a convention that we have signed up to into our legislation, the Government are sending out the totally wrong message in suggesting that they do not care about the rights of children sufficiently to ensure that they are safeguarded in law.
My Lords, I support this amendment. The Minister will be aware of the fantastic work done at Leeds, one of the leading children’s services departments. It recently presented its work in Parliament and used the United Nations Convention on the Rights of the Child as the foundation of this achievement. It committed itself to all the children in the city in respecting and thinking about the UNCRC. It managed to reduce the numbers of children coming into care and give really good service for those children in care. I know of schools that use the UNCRC in a similar way—as a fundamental approach to what they do—and they have great successes, so I support this amendment.
I have a personal reflection, which may resonate with your Lordships. If we respect the rights of children and give them a secure upbringing, then when they are adults they are far less likely to be swayed by demagogues —I am thinking of today’s election in the United States —and manipulated by people who dwell on their worst fears.
Finally, this would help to answer our problems about productivity in the workforce. If we respect children’s need for family life, education and recovery from trauma, we will have adults who are not missing work because they are mentally ill or depressed; we will have a more productive workforce. There are many good reasons to support this amendment.
My Lords, I welcome the Government’s Statement. I am remembering an experience I had about 15 years ago, getting acquainted with a young Afghan woman in a hostel over several months. Each week when I saw her, she would be either in tears or very sad. She spoke a certain dialect of Pashto, and a translator was needed to be brought across London to help her communicate with others. She was a very lonely, isolated young woman. I remember arriving one day and hearing that she was in tears again. Her family’s city was being shelled, but she could not communicate with them to know what was happening. We cannot underestimate the trauma that many of these young people have experienced.
I would like to follow the noble Baroness, Lady Lister, in asking about their experience after they leave care. The strategy of distributing young people across England, which began in July, is very welcome, but there is concern that there may be lack of expertise within the new receiving local authorities. I would appreciate reassurance about how that expertise is being developed. In particular, there is always the concern that professionals are not giving young people—that is, unaccompanied asylum-seeking children—information early enough to clarify their immigration status. I thank the Minister for that nod.
It would be very helpful to get more information about what happens to these young people when they leave care—for example, data on whether they return home voluntarily or disappear from sight altogether. All that kind of information would be helpful in terms of understanding their welfare needs into the future. I will not speak further now. I look forward to the Minister’s response.
My Lords, I am very grateful to the noble Lord, Lord Dubs, the right reverend Prelate the Bishop of Durham, the noble Baroness, Lady Sheehan, and the noble Lord, Lord Watson of Invergowrie, for this amendment on the vital issue of the safeguarding of unaccompanied asylum-seeking and refugee children. The noble Lord, Lord Dubs, really wanted to be here tonight but is attending the small matter of a presidential election. He toyed with the question of which one to attend but, as I understand it, could not get a flight home—and that is genuinely why he is not here tonight. I echo the right reverend Prelate’s words about the work that the Churches do—they do sterling work—especially, as I mentioned earlier today, the role they have played in the community sponsorship scheme, a scheme in which the most reverend Primate the Archbishop of Canterbury also is engaged. Schemes such as that are very beneficial indeed to some of the people coming to this country.
The Government are committed to safeguarding and promoting the welfare of children and providing help for those in genuine need of international protection. In the light of the events of the past few weeks around the closure of the camp in Calais, we agreed that further action needs to be taken to supplement existing safeguarding guidance and practices and to ensure that we continue to act in the best interests of those children arriving in the UK.
Our priority throughout has been to ensure the safety and welfare of the children, whether they are transferred here or arrive of their own accord. We have already taken significant action. In July, for example, we implemented the national transfer scheme to promote a fairer distribution of care responsibility among local authorities across the country. That was accompanied by very substantial increases in Home Office funding to local authorities. We have also worked closely with France and other EU countries, with local authorities here, and with other partners to transfer eligible children to the UK as quickly as proper safeguarding procedures and other necessary checks will allow.
Since 10 October more than 60 girls—many of whom have been identified as at high risk of sexual exploitation —have arrived in the UK and are now receiving the care and support that noble Lords talked about. In total, we have transferred more than 300 children. More are expected to follow in the coming days and weeks.
We are in full agreement that there is absolute value in a strategy setting out how we will safeguard these unaccompanied children. However, we believe that this intention would be better served through the commitments given on 1 November in the Written Ministerial Statement by the Minister for Vulnerable Children and Families and the Minister for Immigration. The strategy that the Government have committed to publish by 1 May 2017 will reinforce the comprehensive protection that we already provide for unaccompanied asylum-seeking children in this country and for those who have been transferred here from Europe, whether they are reunited with family members or looked after by a local authority. To reiterate, the care they receive is exactly what we would expect to provide for UK children. These children are no different.
We will also set out plans to increase foster care capacity for those children who are looked after and will consider what further action can be taken to prevent them from going missing. This will ensure they receive the best support possible while seeking refuge in our country. Additionally, we will review what information is communicated to these children about their rights and their entitlements, revise statutory guidance provided to local authorities on how to support and care for them, and regularly review the level of funding that is granted to assist them in doing so. To ensure that we are held to account on our progress, we will provide annual updates to Parliament and more regular quarterly updates to the Children’s Commissioners across the UK.
We believe that the commitments we have given are the best approach to safeguarding the welfare of these children. I fully agree with the spirit of this amendment, as I said to the noble Lord, Lord Dubs, but primary legislation on this matter would limit our ability to respond to what is a complex and developing situation across Europe and beyond. That is why we set out our commitments through the WMS. This approach also enables us to take proper account of the devolved responsibility for safeguarding matters, which the amendment would not. We welcome the support of local authorities across the UK in dealing with the needs of unaccompanied children and will continue to work closely with them and with the devolved Administrations on these issues.
The Government are determined to do everything we can to protect these unaccompanied children. Their welfare in the UK is our first priority. That is why the comprehensive strategy we have committed to publish will build on the actions that we have already taken and go further to ensure that these children are, and remain, safeguarded.
The Government are also clear that we must do everything possible to prevent children from undertaking these perilous journeys to Europe. That is why we have pledged over £2.3 billion in response to the crisis in Syria and resettled nearly 3,000 people, half of whom are children, under the Syrian vulnerable persons resettlement scheme. We remain committed to resettling 20,000 of the most vulnerable Syrian refugees direct from the region and, in addition, we have established a new resettlement scheme focused on vulnerable children in the Middle East and north Africa.
I had some answers to the questions asked by the noble Baroness, Lady Sheehan. She said that there was no mention of Section 67. The WMS goes wider than the proposed amendment, and those transferred from Europe includes those under Section 67, as Section 67 is not actually a resettlement route. The other question is about how many Home Office officials were in the camp and supported the clearance. There were several hundred supporting the camp clearance. I have said this many times at this Dispatch Box, but we can operate in France only in ways agreed with the French Government. We cannot just go in and do what we would. I hope that the noble Baroness will be content not to press her amendment.