Children's Wellbeing and Schools Bill (Third sitting)

Ellie Chowns Excerpts

Committee stage
Thursday 23rd January 2025 Public Bill Committees

[Catherine Atkinson]

Giving that discretion is really important, but by saying “should”, amendment 37 would give a directive to the local authority to first look at including the child, and only reject that in circumstances where it can be demonstrated that including them would be harmful and inappropriate. In my view, that fetters the discretion and pushes things into a potentially harmful situation, especially given the number of children that we are talking about—not younger children, but definitely those at the upper end. In my view, we should not fetter the discretion. I do not think that that kind of directive is helpful in those circumstances.

On amendment 18, I do not need to be told how important it is that childcare proceedings are conducted quickly and without delay. At the moment, the 26-week time limit set out in the Children and Families Act 2014 is not met in over two thirds of cases. I think we are averaging 41 weeks—which is better than last year, when it was nearly 45 weeks—and that includes cases where everything is agreed and not contested.

My former colleagues are regularly involved in cases lasting over a year and some lasting over two years. I do not think that, in the 10 years since the 26-week limit was enacted, the majority of cases have ever been completed within six months. The amendment is therefore somewhat incongruous given what we have seen over the last 10 years—I think that a number of my former colleagues would consider it brass neck.

The amendment does not do anything to ensure that we deal with cases rapidly, because the 26 weeks starts when an application is made, but the whole point of the clause is that family group decision making needs to take place before an application is made. In my view, the amendment does nothing to restrict the time to 26 weeks, because clause 1 does not have an impact on that timescale at all, and it certainly does not prevent local authorities from holding family group decision making earlier.

I am somewhat provoked to note that it was the coalition Government’s Legal Aid, Sentencing and Punishment of Offenders Act 2012 that cut all legal aid for private family law cases unless there are allegations of abuse. Out-of-court or pre-proceeding discussions and settlements, and the involvement of professionals, have therefore become far harder since 2012.

[Ellie Chowns (North Herefordshire) (Green)]

It is a pleasure to serve under your chairmanship, Sir Christopher. I rise to speak to amendment 49 regarding family group decision making at the point of family reunification.

Reunification—the process of returning a child in care to their family—is the most common route by which children leave care, accounting for 27% of all children who left care in 2023. It is also one of the most sensitive and significant transitions a child can experience. When done well, it can offer children stability, security and permanence at home with their family, but too often the reunifications fail. In fact, one in three children who return home then re-enter the care system, so thousands of children are enduring yet more displacement, disrupted attachments, instability and broken trust.

The human cost of those failed reunifications is immeasurable, but the financial cost is also stark. Failed reunifications cost the public purse £370 million annually—money that would be better spent supporting families in the first place. Research tells us that too many reunifications break down because families do not receive the support that they need to make that process successful, tut there is no national strategy for supporting reunifications. Support across the country is inconsistent, and alarmingly, 78% of authorities report that the support that they offer is inadequate—the authorities report that themselves.

Amendment 49 provides a clear, practical, evidence-based solution—effectively a mirror to the Government’s clause 1. The amendment would require local authorities to offer family group decision making no later than one month after the discharge of a care order for the purpose of family reunification. Of course, in practice, it is envisaged that the family group decision-making process would be offered before the child returns home to support that return.

As the Committee has already heard and discussed, family group decision making is a powerful tool. It brings families together to identify solutions, develop a plan and build a network of support around the child. It can empower families to take ownership of the challenges that they face, and foster collaborative work with professionals that promotes the safety and wellbeing of the child while also amplifying the child’s voice. My argument is that that is as important towards the end of a care process as it is at the beginning.

Family group decision making is well established and recognised as best practice by professionals. We already have clear evidence on its effectiveness, and we are awaiting more, as the hon. Member for Harborough, Oadby and Wigston said. However, the lack of a statutory duty to offer it has led to patchy practice across the country. One third of local authorities do not offer family group decision making at all during reunification. Amendment 49 addresses that gap. It would ensure that every family in England has the opportunity to benefit from that approach. The requirement in the amendment is to offer it; it does not impose any sort of time limit.

Some Members might worry about the practicalities or cost of introducing the duty, but as I have already explained, the breakdown of family reunification is an incredibly costly process, both financially and for the child’s welfare. The amendment is a financial cost-saving measure as well as a child-centred one. Research shows that providing support to meet a family’s needs during reunification costs just £7,857 per child. By contrast, the cost of a single reunification breakdown is £105,000. Amendment 49 would be

The amendment is practical and allows for professional judgment, recognising that every family is different. Where a meeting is not in a child’s best interests, the local authority would be exempt from the duty to make the offer, and that flexibility ensures that the needs of children always come first. The amendment also complements existing provisions in the Bill. It effectively mirrors the duty to offer family group decision making before care proceedings, and therefore offers a coherent support framework at both ends of the care process—effectively bookending it. It brings much-needed consistency to a fragmented system.

With more children in care than ever before, as we have noted, and with children’s services under immense strain, the amendment represents a real opportunity. By embedding family group decision making we can enable more families to stay together, reduce the number of children returning to care, which is an incredibly damaging process, and relieve pressure on an overstretched system, all while delivering better outcomes for those children. This is about fairness, consistency, investing in what works and ensuring that all reunifying families, not just some, are given the help they need. It is about recognising the importance of successful reunification within the care process. I very much look forward to hearing the Minister’s reflections on the proposal and the other questions raised this morning.

[Damian Hinds (East Hampshire) (Con)]

Of course I agree with and entirely support the spirit of what the Government are doing. It forms part of the strand of development intended in the “Stable Homes, Built on Love” strategy; across the House, we share similar motivations on all these matters.

On the comments from the hon. Member for North Herefordshire on reunification and amendment 49, I do not think an amendment to a Bill is the moment to introduce such a thing, but I am sure that in their continuing work, Ministers and officials will look at how the reunification process can be improved for all the reasons that she rightly gave.

I have a couple of questions on the inclusion of children in meetings, which is relevant to clause stand part and to amendment 36. My first question is: what guidance will accompany the new provisions? In some cases it will be obvious that a child should not be present, but beyond that it is perhaps difficult to generalise. Of course we trust professional judgment, but I wonder about the extent to which further guidance may be useful. I am thinking particularly of children with learning disabilities, who sometimes feel that things are done that affect their lives in a big way and they have less of a say than other children, because somebody has made that judgment when perhaps they did not need to. Secondly—this is a minor point in the grand scheme of things—I wonder why the legislation and the explanatory notes do not say that a child may be present for part of the meeting. It may be appropriate to have part of it with the child and part of it without them.

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[The Minister for School Standards (Catherine McKinnell)]

It is an honour to serve under you as Chair, Sir Christopher, and to be a part of this thoughtful and considered Committee, which is taking this landmark legislation through Parliament. I thank hon. Members for the spirit in which they have discussed the safeguarding aspects of the Bill. I appreciate the support that has been expressed, and thank Members for their questions, concerns and amendments, which I will seek to address.

Amendments 36 and 37 stand in the name of the hon. Member for Twickenham but were presented by the hon. Member for St Neots and Mid Cambridgeshire. I thank him for his support for the clause and acknowledgment that family group decision making is a family-led process. A family network is unique to every child, so we decided not to be prescriptive about who should attend the meetings. That will be assessed and determined by the local authority, which will consider who it is appropriate to invite, and we will publish updated statutory guidance to make it clear that the local authority should engage with the full scope of the family network. That should take place with a view to supporting the wellbeing and welfare of the child, because the child’s voice and views are an integral part of the family group decision-making process.

The process is, by its very nature, child-centric, and is designed with the best interests of the child in mind. The meeting facilitator will talk to families and the child about how best the child might be involved in the meeting. I recognise some of the points made about the extent to which the child should take part in the process, but the child’s participation will clearly depend on several factors, including their age and their level of understanding, and an independent advocate may also be used to help the child to express their views.

As has been set out by my hon. Friend the Member for Derby North, in some cases it may not be appropriate for the child to attend. However, there is time for the child to voice their experiences or concerns through the dedicated preparation time for those meetings. The facilitator will take further action where they think it may be required if they think that there are safeguarding concerns, and we are confident that local authorities will continue to be guided by what is in the best interests of the child. For the reasons that I have outlined, I ask the hon. Member for Twickenham not to press her amendments.

Amendment 18 has been tabled by the hon. Member for Harborough, Oadby and Wigston. I thank him for the spirit in which he presented his amendments and put on record his concerns about the situation that children find themselves in and wanting the best outcome for them. The amendment relates to the 26-week rule for children subject to family court proceedings. As the hon. Gentleman knows, the Children and Families Act 2014 introduced the 26-week limit on courts to complete care and supervision proceedings when they are considering whether a child should be taken into care or placed with an alternative carer. I reassure him that we prioritise reducing unnecessary delay in family courts and securing timely outcomes for children and families.

Clause 1 relates to a specific and critical point before court proceedings are initiated. It gives parents or those with parental responsibility the legal right to a family-led meeting when they are at the point of the risk of entering into care proceedings. There is robust evidence to show that strengthening the offer of family group decision making at that crucial stage will in fact reduce applications to the family courts and prevent children from entering the care system at all.

As much as we acknowledge the concern raised, we are confident that no provisions in clause 1 would result in an extension to the statutory 26-week limit for care proceedings, which starts when the application for a care or supervision order is made. We think it is right that families are given the time and support to form a family-led plan. By strengthening the offer of family group decision making for families on the edge of care, concerns about children’s safety and wellbeing can be addressed swiftly, with the support of skilled professionals, and avoid escalation into potentially lengthy care proceedings. We want to avoid missing those opportunities for children to remain living safely with their families, so the child’s welfare and best interests are very much at the heart of clause 1.

If the local authority believes that the child’s circumstances or welfare needs might have changed at any point during pre-proceedings and it would no longer be in their best interests to facilitate the meeting, the court proceedings can be initiated immediately. The local authority should always act in accordance with the child’s best interests. Indeed, that family work can continue throughout court proceedings being initiated, and family group decision making can also continue. For the reasons I have outlined, I kindly ask the hon. Member for Harborough, Oadby and Wigston not to press his amendment.

Amendment 49 is in the name of the hon. Member for North Herefordshire. Clause 1 gives parents or those with parental responsibility the legal right to the family-led meeting at the specific and critical point, which I referenced, when they are at risk of entering into care proceedings. As I said, we have the clear evidence to show that involvement of the wider family network in planning and decision making at that pre-proceedings stage can divert children from care and keep more families together.

Although clause 1 focuses on the critical point at the edge of care, we already encourage local authorities to offer these meetings as early as possible and throughout the time that the child is receiving help, support and protection, including as a possible route to reunification with their birth parents or a family network where appropriate. We are clear in guidance and regulations that, where a child is returning home to their family after a period in care, local authorities should consider what help and support they will need to make reunification a success and set it out in writing. We will continue to promote the wider use of family group decision making, including by updating statutory guidance where appropriate and through best practice support. We believe that this legislation is a transformative step change that will be helpful in expanding these services for the benefit of children and families right across the country.

I turn to some of the specific questions that have been raised by Members, some of which I have addressed in my comments.

[Ellie Chowns]

Will the Minister give way?

[Catherine McKinnell]

I may well be coming to the hon. Member’s question, if I can pre-empt her. If not, she is welcome to intervene again.

On reunification specifically, “Working together to safeguard children 2023” was updated to ask local authorities to consider

“whether family group decision-making would support the child’s transition home from care, and the role the family network could play in supporting this.”

It made it clear that family group decision making cannot be conducted before a child becomes looked after, but that it should still be considered as an option later. Family group decision making should be considered at all stages of a child’s journey in reunification with birth parents and the family network, wherever it is appropriate. Although the duty will make it mandatory to offer that family group decision making at the pre-proceeding stage, as I said, we will also be encouraging local authorities to offer it throughout the child’s journey and repeat it as necessary, because we encourage a family-first culture.

[Ellie Chowns]

Will the Minister respond directly to the thrust of amendment 49? The Bill is shifting from a position where the consideration of family group decision making is already encouraged to a statutory requirement before starting care proceedings. Amendment 49 asks for a mirroring of that at the potential end of care proceedings. Why does the Minister feel that it is important to move to a statutory footing at the start but not the end, particularly given the statistics that I have referenced on the frequency of breakdown? Would it not be entirely consistent for the Bill to specify this—bookending both ends of the care process?

[Catherine McKinnell]

I do think I have responded to the hon. Lady’s specific request, and explained why we are mandating and putting on to a statutory footing the requirement to offer family group decision making at this crucial point before care proceedings. We obviously encourage local authorities throughout their work with children in these circumstances to take a family-first approach and to offer family conferencing. Indeed, family group decision making can be used at any stage of a child’s journey through their relationship with the local authority. However, our decision to mandate it at this crucial point is very much based on the evidence that this reduces the number of children who end up going into care proceedings, and indeed into care.

A lot of issues were raised and I will do my very best to cover them. The hon. Member for Harborough, Oadby and Wigston raised private law proceedings. The Ministry of Justice offers a voucher scheme to provide a contribution of up to £500 towards the mediation costs for eligible cases, supporting people in resolving their family law disputes outside of court. Similarly to family group decision making, family mediation is a process that uses trained, independent mediators and helps families to sort arrangements out. I take on board the concerns he has raised that all children should be able to benefit from family group decision making where possible. On the impact assessment, as we said in the second evidence session on Tuesday, the Regulatory Policy Committee is considering the Bill’s impact assessments and we will publish them shortly and as soon as possible.

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[The Chair]

Ellie Chowns, do you wish to press your amendment to a vote?

[Ellie Chowns]

Chair, may I ask a question of the Minister?

[The Chair]

No; we have finished debating this group of amendments now.

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[Ellie Chowns]

I wish to ask the Minister if she would meet with me to discuss this matter.

[The Chair]

You can ask them later on some other issue—I am sure the Minister will always be willing to meet you. But do you wish to press your amendment to a vote?

[Ellie Chowns]

No.

[The Chair]

Okay, so that does not matter.

Clause 1 ordered to stand part of the Bill.

Clause 2

Inclusion of childcare and education agencies in safeguarding arrangements

Question proposed, That the clause stand part of the Bill.

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[The Chair]

Ellie Chowns, do you wish to participate in this debate?

[Ellie Chowns]

indicated dissent.

[The Chair]

Just to be helpful, last time you said you wanted to speak after the debate had closed. What you could have done was to participate again in the debate before it ended. It is open to anybody who is a member of the Committee to speak more than once in a debate—there is no limit on the number of times you can speak in a debate, but you cannot speak after the question has been put.

If you wanted to tell the Minister that you were dissatisfied or that you wanted to have a meeting, then the time to have done that would have been during the debate. At the end, you could have caught my eye and you would have been able to participate. I am trying to help people so that nobody feels that they are being excluded, because I know how difficult it must be for new Members who have not got the support of an established network in this place.