Children and Social Work Bill [ Lords ] (First sitting)

Emma Lewell-Buck Excerpts

Committee Debate: 1st sitting: House of Commons
Tuesday 13th December 2016 Public Bill Committees

[The Chair]

Copies of written evidence that the Committee receives will be made available in the Committee Room.

We now begin line-by-line consideration of the Bill. As a general rule, my fellow Chair and I do not intend to call starred amendments. The required notice period in Public Bill Committees is three working days, so amendments should have been tabled by rise of the House yesterday for consideration on Thursday. The selection list for today’s sittings is available in the room and on the website. It shows how the selected amendments have been grouped for debate. Grouped amendments are generally on the same or similar issues. A Member who has put their name to the lead amendment in a group is called first; other Members are then free to catch my eye to speak on all or any of the amendments in that group. A Member may speak more than once in a single debate.

At the end of the debate on a group of amendments, I shall call again the Member who moved the lead amendment. Before the Member sits down, they need to indicate whether they wish to withdraw the amendment or seek a decision on it. If a Member wishes to press any other amendment or new clause in a group to a vote, they need to let me know. I shall work on the assumption that the Minister wishes the Committee to reach a decision on all Government amendments that are tabled.

Please note that decisions on amendments do not take place in the order in which they are debated but in the order in which they appear on the amendment paper; in other words, debate occurs according to the selection and grouping list. Decisions are taken when we come to the clause affected by the amendment.

In line with the resolution of the Programming Sub-Committee, new clauses will be decided after we have finished with clause 57 and before we move on to clause 58 and subsequent clauses. I shall use my discretion to decide whether to allow a separate stand part debate on individual clauses and schedules following the debate on the relevant amendments. I hope that that explanation is helpful.

Clause 1

Corporate parenting principles

[Mrs Emma Lewell-Buck (South Shields) (Lab)]

I beg to move amendment 18, in clause 1, page 1, line 8, leave out “have regard to the need”.

Amendments 18 to 25 impose a duty on a local authority in respect of how it carries out functions in relation to children and young people.

[The Chair]

With this it will be convenient to discuss the following:

Amendment 19, in clause 1, page 1, line 10, at beginning leave out “to”.

See amendment 18.

Amendment 20, in clause 1, page 1, line 12, at beginning leave out “to”.

See amendment 18.

Amendment 21, in clause 1, page 1, line 14, at beginning leave out “to”.

See amendment 18.

Amendment 22, in clause 1, page 1, line 16, at beginning leave out “to”.

See amendment 18.

Amendment 23, in clause 1, page 1, line 19, at beginning leave out “to”.

See amendment 18.

Amendment 24, in clause 1, page 2, line 1, at beginning insert “have regard”.

See amendment 18.

Amendment 25, in clause 1, page 2, line 3, at beginning leave out “to”.

See amendment 18.

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[Mrs Lewell-Buck]

It is a pleasure to serve under your chairmanship, Mr Wilson. I welcome all Committee members to this sitting. As this is my first time on the Front Bench in a Bill Committee, I ask everyone to bear with me. I am happy to take any guidance from those in the room who are more experienced than I am.

First, I would like briefly to echo some comments made in the other place about the rushed pace and hurried nature of the Bill. Noble Lords expressed concern that the Bill had not been carefully thought out; they were right, of course, because thanks to their diligent work the Bill before us is markedly different from the one that was introduced. The legislation appears not to have been made in response to any particular burning issues or needs—nor, despite its being a Bill about children and social workers, does it appear to be built on extensive consultation with children or social workers.

[Steve McCabe (Birmingham, Selly Oak) (Lab)]

My hon. Friend commented on how extensively the Bill has changed; my understanding is that we are on more or less the fourth version. If there was extensive consultation, how come the Minister brought the Bill before Parliament in a condition so inadequate that it needed to be changed so substantially before it got here?

[Mrs Lewell-Buck]

That is a question that the Minister might answer. I hope that the Bill will be changed again after our deliberations in Committee—so there may well be a sixth or seventh version.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

Does the hon. Lady acknowledge that part of the reason for a Bill Committee, whether in the Lords or the Commons, is scrutiny, and that if that results in change it shows the strength of the system, rather than weakness?

[Mrs Lewell-Buck]

It shows strength on the part of the Lords who made the amendments, but weakness in the Government who introduced a Bill in need of so many changes.

Since Second Reading last week, I have been inundated with expressions of concern that the Bill has progressed so rapidly to Committee without any sittings to take evidence from the sector or agencies that work closely with vulnerable children. Neither the Opposition nor the sector and the agencies working in the field feel particularly comfortable about the Bill’s passage through Parliament. My amendments would strengthen the wording, in expectation of the local authority’s having an active duty to make the provision in question, and remove the weaker, passive expression, “have regard to”.

Of course, when Labour was last in government, it introduced the first ever statutory framework for care leavers, the Children (Leaving Care) Act 2000, and followed that with the Children and Young Persons Act 2008. It is clear that the party is committed to children who are leaving care. We welcome any measures that make improvements for the thousands of care leavers, whose numbers are due to grow—bearing in mind that the March figures for looked-after children were the highest since 1985, at 70,440. It is more vital than ever to get support for care leavers right.

We also welcome the spirit of the corporate parenting principles, with the clear definition of expectations about how the local authority should fulfil its role in relation to looked-after children and care leavers. We feel, however, that the principles are totally undermined by the fact that the provision will require local authorities only to “have regard” to them rather than have a duty to fulfil them, as is the case in Scotland, for example.

In another place, Lord Nash said the principles are

“about changing and spreading good practice, and making sure that the local authorities’ task in loco parentis does not burden them with a tick-box approach and extra duties.”—[Official Report, House of Lords, 29 June 2016; Vol. 773, c. 1558.]

I have sympathy with that approach, but I fear that, as it stands, it is too woolly and open to interpretation. There is a clear need for the emphasis to shift from the reactive to the proactive. Unless the principles are worded more robustly, local authorities, which may strive to do their best as corporate parents, may nevertheless be obliged to cut corners, especially in these times of stretched budgets. We cannot just rely on culture change or assume that, if there is no duty, new principles will be put into practice just because they exist in theory.

There is already far too much variation in levels of care, because different local authorities have different numbers of looked-after children and children leaving care. All too often, because of the Government’s disproportionate approach to local government cuts, it is the local authorities in the most deprived areas whose budgets have been cut the most. The Government’s misguided idea that they can deliver the outcomes they seek through culture change, without looking at any of the underlying challenges that face councils around the country, is absurd.

[Simon Hoare (North Dorset) (Con)]

Will the hon. Lady take it from me that reductions in local government expenditure have happened across the country? This myth that it is the more deprived, northern towns that have been hit hardest is just that—a myth.

[Mrs Lewell-Buck]

Unfortunately, I completely disagree with the hon. Gentleman. The most deprived local authorities have received the biggest cuts.

[Steve McCabe]

If the hon. Member for North Dorset is right, perhaps he can tell us how it is that some Tory-controlled authorities up and down the country have seen an 8% increase in their funding, while other parts of the country have seen an 8% reduction.

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[The Chair]

Order.

[Mrs Lewell-Buck]

The fact is that local authority budgets have faced swingeing cuts since the Tories first took office in 2010. The Bill simply passes more roles on to local authorities without ensuring that they have the necessary resources. That reflects the very worst of this Government’s approach to local government: to cut budgets first and to devolve power and responsibility later, without ensuring that the local authorities can properly deliver the services.

I do not wish local authorities to take on their corporate parenting responsibilities as a tick-box exercise. If they did, I fear that that would indicate that they had fallen at the very first hurdle in terms of good practice. I do think, however, that it is important to give the principles the weight that they deserve by ensuring that they are as robust as possible.

Flexibility in practice is important, but strengthening the wording in no way prohibits local authorities from carrying out their functions as they see fit. If a new system is to become embedded in a nationally uniform way and not to become another postcode lottery, it is crucial that local authorities know from the outset that the corporate parenting principles are a priority and not an option. Too often, the services that children most in need of state help receive are reduced to a postcode lottery. That can be seen in the funding for children in need of help and protection: the local authority with the highest funding has available more than 13 times the funding per child than the most poorly funded authority.

We are concerned that the corporate parenting principles as drafted will amount to another postcode lottery. Simply requiring local authorities to “have regard to” the principles of corporate parenting, rather than there being a statutory duty, will add to the risk. When local authorities must only have regard to principles, the serious risk is that only those local authorities with the resources that others do not have will be able to deliver. To address that, the Government should guarantee a legal duty to abide by the corporate parenting principles to deal with the underlying challenges facing local government—challenges of the Government’s own making.

Corporate parenting is one of the most important roles that a local authority has. Local councillors take the responsibility extremely seriously. It is important that the role is not diluted and remains closely linked to democratic accountability. However, the principle of corporate parenting cannot simply end with local authorities. All agencies working closely with looked-after children and care leavers, although they are not corporate parents, should co-operate in support.

Children who rely on the corporate parenting principles will often have complex needs. Local authorities alone will not always be able to meet those needs. A full range of agencies, despite not being corporate parents themselves, will need to work in co-operation to support those young people’s complex needs. In particular, health and education have a vital role in ensuring the best possible outcomes for children in care. Once again, however, the Government have not gone far enough with the principles to ensure that young people in the care of the state will get the support that they need.

We welcome and support the principles of corporate parenting, but the Government seem to be simply hoping that new responsibilities for local authorities “to have regard” will be enough. In reality, unless the principles are a duty, they will for some children remain meaningless—empty words in an Act of Parliament, without any real impact on their lives. Those children need actions and not words, and “having regard to” something rarely translates into real action.

[The Minister for Vulnerable Children and Families (Edward Timpson)]

It is a pleasure to serve under your chairmanship, Mr Wilson, both this side of Christmas and in the new year. In the run-up to Christmas, I am looking forward to a cracker of a Committee, full of joy and, I hope, understanding.

I know the hon. Member for South Shields will be wondering what present I have brought for her this year, but I will wait to hear what she wants first. I apologise in advance if what she asks for is either out of stock or outside my budget range. I will listen carefully to the case she makes and do my best to try and fulfil her wishes.

I am also grateful to the hon. Lady for this opportunity to re-emphasise the importance of clause 1, which in many ways is the beating heart of this Bill. The intention behind amendments 18 to 25 is to ensure that the corporate parenting principles cannot be ignored and are meaningful. I am equally determined to ensure that. That is why the clause states that a local authority “must…have regard to” the needs identified in the clause as the corporate parenting principles, rather than simply “may” have regard to them. A local authority must take account of the needs articulated in subsection (1)(a) to (g) whenever they carry out any local authority function in relation to looked-after children and care leavers.

Framing the duty in terms of “having regard to” is the right approach. Local authorities already have a range of statutory duties in relation to looked-after children and care leavers that derive from the Children Act 1989 and its associated regulation, which set out a long list of statutory duties that underpin our current child protection system and also create a strong and robust system within which the corporate parenting principles may be operated.

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[Edward Timpson]

I am sure that the hon. Gentleman knows that we have already tightened the rules on the use of bed and breakfast—local government welcomed that—to try to get the right placement for each young person, depending on their circumstances. I do not want him to give the impression that the principles are the only thing the Government have introduced to try to improve experiences and outcomes for children in the care system.

I want to challenge the hon. Gentleman on his point about the health and education of children in care deteriorating during their time in care. That is not what the evidence suggests. He will have seen the report from the Rees centre, whose research showed that care has an overall positive impact on children. Those in care do better than children in need, in terms of educational improvement. There is no evidence that their health deteriorates, although of course there are individual cases where that does happen. They are more likely to have health checks while they are in care than when they are not.

I reassure the hon. Gentleman that my job title, Minister for Vulnerable Children and Families, does not affect my other responsibilities; in fact, I have even more responsibilities than I did when the name of my portfolio did not include the word “vulnerable”. Part of my mission involves the clear and consistent approach that the Government have set out in the “Putting Children First” policy paper, which the hon. Gentleman will have read. That sets out our ambition to improve services in every way, for children in care and for care leavers. [Interruption.] I see that the hon. Gentleman has the paper in front of him—he has made my Christmas.

The paper sets out a clear and comprehensive strategy for the period from now to 2020, across the system, for the people working in children’s social care, the practice system that they work in, and the governance and accountability that will ensure we know what works and what does not. As a consequence, we will have the opportunity to see more children, with the principles in place, being looked after by those charged with the responsibility. That is the right approach.

The hon. Member for Hampstead and Kilburn raised the issue of how local authorities will be able to do what we envisage, at a time when local government funding is falling overall. The amount that local authorities have been spending on child protection has risen in recent years. That is partly because the number of children in care has gone up, but also because local authorities are taking the responsibility seriously. I welcome her support for the principles, but as for the impact of funding on the quality of children’s social care services, she will have seen that there is no correlation that can be determined between the amount that a local authority spends on services, and their quality and the outcomes for children. Some of the lowest-spending authorities have the highest outcomes for children in their care, and some of the highest-spending have some of the worst outcomes.

I suggest that the hon. Lady look at Hackney, not all that far from her constituency, to see how it turned around children’s services to the extent of being able to bear down on the overall cost. The services there work earlier and better with families, reducing the number of children who come into care, which means they can spend the money they have on improving services for the children who are in their care. I challenge the presumption that if we spend more money we get better services. That is clearly not the case. Of course we need to ensure that local authorities have sufficient funding to carry out their functions, but there is also room for them to ensure that they get the best possible value for the children in their care.

[Mrs Lewell-Buck]

The Minister has said that spend has increased and that is not related to quality in some local authorities. How does he explain that? Does he agree with the National Audit Office conclusion that that indicates that none of his Government’s reforms since 2010 have yielded the desired results?

[Edward Timpson]

The hon. Lady is right to reference the NAO report, because the NAO was the proponent of the suggestion that there was not a correlation between spend and quality of service. We need to understand better why some local authorities are able to deliver better services for less money. As she will appreciate, this is a complex area, and there is still work to do to get under the skin of why the looked-after population is still rising in some local authorities but falling in others. That is partly to do with greater awareness and earlier intervention in families. In the past, particularly in cases of neglect, children were left in the care of their parents for too long.

[Mrs Lewell-Buck]

Will the Minister give way?

[Edward Timpson]

I am trying to give the hon. Lady a full explanation. Different circumstances in different local authorities drive decisions about funding and the outcomes that that funding achieves. We have recently signed a formal agreement with Ofsted so that we can more effectively share our data with one another—the NAO report asked for that—and have much more contemporaneous read-outs of how local authorities are performing, help them make better decisions about how to spend money and understand better as a Department what baseline funding local authorities need to carry out an efficient and effective service.

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[Mrs Lewell-Buck]

I thank the Minister for giving way again. He touched briefly on early intervention. Does he accept that one of the reasons why more children are coming into care is perhaps that his Government’s cuts have led to a lack of early intervention services, family support work and Sure Start centres? I know from practice that those things can keep families together and prevent children from going into care.

[Edward Timpson]

It will be no surprise to the hon. Lady that I do not accept that proposition. As I say, this arena is more complex than that. It is worth reminding the Committee that not every child who comes into contact with a children’s centre inevitably ends up in the care system. Only a small proportion do so and have some support off the back of that. We want to capture those children as early as possible—I agree with her about that—but we must also provide targeted support for children in need who are on the edge of care so that their families get the support they need to keep them together, as Hackney has done successfully, rather those children slipping into and sometimes bouncing in and out of the care system, which is often the worst of all worlds for them.

I pray in aid the work that we have done through the innovation programme to try to improve local authorities’ response to this difficult and complex issue. I accept that there is more work to be done, but the programme that we set out in the “Putting children first” policy paper is a good and strong response to that challenge. On that basis, I ask the hon. Lady to withdraw her amendment.

[Mrs Lewell-Buck]

I have listened carefully to the Minister’s response. The key thing he said, which sticks in my mind, is that these principles should be those of all good parents. Any good parent would therefore see these principles as a duty, not something to “have regard to” or ignore at will. They would not do that, and neither should any of us. I will press the amendment to a vote.

Question put, That the amendment be made.

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[Mrs Lewell-Buck]

I beg to move amendment 27, in clause 2, page 3, line 10, at end insert—

‘(6A) The Secretary of State must publish a national minimum standard for a “local offer for care leavers”.

(6B) When developing a national minimum standard for the purpose of subsection 6A the Secretary of State must consult relevant agencies responsible for the provision of services under subsection (2).’

This amendment would introduce a national minimum standard for a local offer for care leavers, which is to be developed in consultation with relevant parties.

[The Chair]

With this it will be convenient to discuss the following:

Amendment 26, in clause 2, page 3, line 20, at end insert—

‘(e) unaccompanied asylum seeking children up to the point that they leave the United Kingdom.’

This amendment introduces an additional definition for “care leavers”.

New clause 13—Review of access to education for care leavers—

‘(1) The Secretary of State must carry out an annual review on access for care leavers to—

(a) apprenticeships,

(b) further education, and

(c) higher education.

(2) The first review must take place by the end of the period of one year beginning with the day on which this Act is passed.

(3) A report produced following a review under sub-section (1) must include, in particular, an assessment of the impact of—

(a) fee waivers,

(b) grants, and

(c) reduced costs of accommodation.

The report must be made publicly available.’

New clause 16—National offer for care leavers—

‘(1) The Universal Credit Regulations 2013 are amended as follows—

(a) in regulation 102(2)—

(i) in paragraph (a) after “18 or over” insert “and paragraph (b) does not apply”;

(ii) in paragraph (b) after “16 or 17” insert “or is a care leaver within the meaning given by section 2 of the Children and Social Work Act 2016 and is under the age of 25”;

(b) in regulation 103(2)—

(i) in paragraph (a) after “18 or over” insert “and paragraph (b) does not apply”;

(ii) in paragraph (b) after “16 or 17” insert “or is a care leaver within the meaning given by section 2 of the Children and Social Work Act 2016 and is under the age of 25”;

(c) in regulation 104(2) after “18 or over” insert “and section (3) does not apply”.

(d) in regulation 104(3) after “16 or 17” insert “or is a care leaver within the meaning given by section 2 of the Children and Social Work Act 2016 and is under the age of 25”.

(2) The Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 are amended as follows—

(a) in regulation 4(1), Second Condition, after paragraph (b) insert—

“(c) is aged at least 18 and is a care leaver within the meaning given by section 2 of the Children and Social Work Act 2016, and is under the age of 25, and undertakes not less than 30 hours work per week.”

(3) The Housing Benefit Regulations 2009 are amended as follows—

(a) in regulation 2, in the definition of “young individual”, in each of paragraphs (b), (c), (d), (e) and (f), for “22 years” substitute “25 years”.

(4) The Local Government Finance Act 1992 is amended as follows—

(a) in section 6(4) (persons liable to pay council tax), after “etc)” insert “or 10A (care leavers)”;

(b) in Schedule 1 (persons disregarded for purposes of discount), after paragraph 10 insert—

“Care leavers

10A (1) A person shall be disregarded for the purposes of discount on a particular day if on the day the person is—

(a) a care leaver within the meaning given by section 2 of the Children and Social Work Act 2016; and

(b) under the age of 25.”

(5) The Council Tax (Exempt Dwellings) Order 1992 is amended as follows—

(a) in Article 3, Class N, after paragraph 1(b) insert—

“(c) occupied only by one or more care leavers within the meaning given by section 2 of the Children and Social Work Act 2016 who are under the age of 25.”

(6) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.’

[Mrs Lewell-Buck]

Amendment 26 and new clauses 13 and 16, which I shall speak to, also stand in my name.

A child’s transition from being in care to becoming a care leaver is a notoriously difficult process. Supporting care leavers by offering them the relevant information about services they can access is welcome. That, however, will not address the need for proactive support for all care leavers or ensure that they all have the advice and information they need. Without setting a national minimum standard for the local offer, the very real risk is of a patchwork of provision across the country, where children in one area are offered a different level of service from that offered in another.

The Minister knows what happened with his Department’s implementation of a local offer for children with special educational needs and disabilities, introduced under the Children and Families Act 2014; I hope he will tell us why he thinks that the offer for children leaving care will not develop in the same haphazard way. If an idea has failed once and is not working as it should, surely duplicating it is not the best way to proceed.

At the time, we welcomed the principle of the local offer for learners with special educational needs and disabilities. As we recognised, it is important that those learners and their families receive the information necessary to achieve the best possible outcomes. However, two years later we have seen the local offer in practice, and it has not achieved all that it should have. Frankly, because of the lack of a national framework, we have ended up with a postcode lottery—an inconsistent and sadly often inadequate provision has therefore developed across the country.

The fact that the Government have not looked at those issues and taken steps to ensure that the local offer for care leavers operates in a high-quality national framework simply suggests, perhaps, that they are willing to repeat the same old mistakes. I am in full agreement with the noble Lord Watson, who pushed for the amendment in another place. Having no common policy throughout the country is unacceptable. I argue again that the amendment is necessary. A minimum standard for the offer is needed, to serve as a framework, an undertaking, about the availability of services throughout the country.

The Minister will argue against the amendment, perhaps on the premise that the Government feel that they should not be deciding what is best for care leavers in their local area—that the local authorities and care leavers should decide themselves. That, however, is a straw-man argument. What we are asking for is simply a minimum standard so that whatever else is decided, there is a minimum level of protection for our most vulnerable children who are leaving care.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

I apologise to the Committee; I am afraid the Victoria line was not my friend this morning. I arrived as the shadow Minister was talking about corporate parenting and how the Bill is about what we should want for our own children. Surely my hon. Friend’s argument for a national minimum standard is exactly that; it is about the very basics that we would want for every single child because we would want it for our own child.

The risk of the Government’s approach is that, although there may be examples of good practice, there are also examples of poor practice. A national minimum standard would guard against that and protect every child as we would wish our own child to be protected.

[Mrs Lewell-Buck]

My hon. Friend is absolutely correct. We have seen that the implementation of the local offer for special educational needs and disabilities is just that: an inconsistent approach and a patchwork model across the country.

A minimum level would be a benchmark that could never be lowered but could always be built on and improved. Surely that is the gold standard that we would want for all our care leavers. There is no evidence that introducing a set of minimum standards limits innovation and creativity; it is a simply a failsafe level of care. It would give clarity to both the local authority and the care leaver on what they can and cannot expect.

Care leavers often say that they struggle with what they are or are not entitled to. This would give them absolute clarity and help them plan better for independence. In practice, I lost track of the number of times when I dealt with parents who were themselves former care leavers. I went through everything and told them what they had been entitled to and they did not have a clue. This would be a good way to avoid such situations at the outset. Children should know what they are entitled to. If there is a minimum standard, they will always know what to expect.

A minimum standard would ensure that services offered would not be withdrawn when budgets are further cut by central Government and would let the people we are discussing know that their local authority and other agencies in their area really do care about their future and are committed to it wholeheartedly. Leaving the local offer to each local authority would not achieve that. The Minister must agree that we cannot justify a single child leaving care failing to receive the information that they need.

Will the Minister explain how he will ensure that the local offer will be accessible to all care leavers, whatever their circumstances when they leave care? How will he ensure that every single local authority will provide a local offer that meets the standard necessary to ensure the best possible outcomes for care leavers? Will he be taking any additional steps to ensure that there is not simply another postcode lottery that will leave a vast number of vulnerable young people unable to access the resources and support that they need? We cannot allow discrepancies in the level of care of the scale that I spoke about earlier to continue. There is no other practical way to achieve that in a timely manner.

I move on to amendment 26. As I have said, leaving care is a difficult process. Care leavers are faced with a set of difficulties that other children their age simply do not face. Is that in part why the Government introduced the local offer for care leavers that I referred to?

It is astonishing that the Bill is devoid of any mention of unaccompanied asylum-seeking children. There are more than 3,000 such children in the UK care system. According to analysis of Home Office data, nearly all unaccompanied asylum-seeking children under 16 are fostered at some point. I assume that the Committee and others would think that when those children leave care they are entitled to the same support and assistance with their transition to independence as their peers—but they are not, despite being the most vulnerable of care leavers, having fled conflicts and horrors that most us can hardly begin to imagine.

[Tulip Siddiq]

I thank my hon. Friend for her speech. I agree with her: when we talk about unaccompanied asylum seekers and children, we are talking about the most vulnerable in society. My local authorities, Camden and Brent, have taken in asylum seekers and are looking after children. Does she agree that putting a duty on local authorities across the country to do that would send a clear signal to the rest of the world that we are acting as a leading country and taking charge of a situation where we should be doing more?

[Mrs Lewell-Buck]

I welcome what is happening in my hon. Friend’s area. I agree completely with her comments. Once children who are unaccompanied asylum seekers reach 18, they are treated differently from other care leavers.

I recall working with many children who had escaped from conflict. Like children who have suffered abuse, their skin was grey and their eyes were emotionless. There was a look of permanent fear etched on their faces and they had an intense wariness of adults around them, which was reflected in their every movement and word. I have seen children slowly lose that look after being in placement for a while. The terror and sadness lift from their overall demeanour, because that is what feeling safe and being fed, clothed, cared for and away from a traumatic and ever-changing volatile environment can do for a child.

[Steve McCabe]

My hon. Friend will be aware that the Home Office is conducting some inquiries into what happens to unaccompanied children who enter this country. The system has not been terribly well supervised over recent years. There is a lot of concern.

Topically, there is a lot of concern about what happens with unaccompanied children who enter this country to attend sports schools and sports colleges—whether those arrangements are properly supervised and whether they could lead to abuse. In view of that situation, is it reasonable to assume that we may see further activity to receive some of those children into care as those inquiries reach fruition? In those circumstances, would it not be wise of the Minister to prepare for that eventuality in the Bill?

[Mrs Lewell-Buck]

I shall come on to the absolute hash that the Home Office has made of the situation later in my comments.

After the children have been settled in placement for however long they have been in the UK, the rug is ripped out from underneath them as they reach 18 years old, when they must apply for extended leave to remain in the UK. The majority are turned down, so the place they understood to be their home is no longer their home. Worse still, the Home Office often does not get its act together and remove them, despite turning them down, so they disappear and are off the radar. The Government do not know how many care leavers are in that situation or where they have disappeared to, but it does not take long to guess that if someone is here illegally and is facing the fear of returning to their country of origin, they will go underground and be susceptible to exploitation, whether emotional, financial or sexual.

[Stella Creasy]

In our discussions of the Bill, we are going to come on to a number of conversations about how we treat child refugees, but the point my hon. Friend is making is simple: at the stroke of midnight on someone’s 18th birthday, they do not stop being a vulnerable young person. These are young people who we have accepted are vulnerable and should be cared for. The idea that we simply cut off all support at 18 simply does not accord with the principles behind much of the Bill. I hope that the Minister will listen to the case and think again about how we treat these young people. Someone’s turning 18 does not stop them from being a vulnerable young person.

[Mrs Lewell-Buck]

That is why a lot of support targeted at care leavers lasts until they are 25 years old. Someone does not stop being vulnerable simply because they have turned 18.

I was a member of the Immigration Bill Committee. I do not recall the experience with much fondness. In the consideration of that Bill, which is now an Act, those on the Labour Benches argued against what I am describing. We argued that the provisions in that Act that limit the support for care leavers subject to immigration control undermined children and leaving care legislation, and gave immigration control greater prominence over young people’s welfare.

--- Later in debate ---

[Mrs Lewell-Buck]

I am astonished that I had not picked up on what the Minister said. I hope that he will clarify.

[Edward Timpson]

Dear oh dear, Mr Wilson; we were all getting on so well. I am afraid that what the hon. Member for Birmingham, Selly Oak, has said is not a fair representation of the point that I made. I ask the hon. Member for South Shields to take in good faith the point that I made, which is that children who are in care do better educationally, in terms of improvement, than children who are on the edge of care with child protection plans. It is wrong to suggest that being in care holds back the child’s education. If we compare children in care with the most closely aligned group—those on the edge of care—they do better. That was the point that I made, and I hope that is the point that the hon. Lady will take away.

[Mrs Lewell-Buck]

I thank the Minister for that clarification. I am sure that Hansard will show us all exactly what he said.

[Tulip Siddiq]

Does the shadow Minister think that the situation that the Minister described in his comparison is one that we should strive for, or should we have different standards?

[Mrs Lewell-Buck]

I think we should all have the highest possible standards for all our children, whether they are care leavers or not. That is something we should always strive towards.

[Michael Tomlinson]

I am grateful to the hon. Lady for highlighting the unemployment statistics. I am chairman of the all-party group for youth employment. Each month we look at the statistics; we will have a new set of figures tomorrow. She is right to say that the figures are too high. In fact, they are too high across the board at just under 14%. Does she recognise that, under the clause, the local plan that points towards education and employment will help in that regard?

[Mrs Lewell-Buck]

I think that only time will tell.

[Michael Tomlinson]

That is a yes, then.

[Mrs Lewell-Buck]

No, it is not; it is a “time will tell.”

I will not spend much longer on this new clause; it is quite straightforward. It asks that the Secretary of State carries out an annual review on access to apprenticeships and further and higher education, and takes into account some of the barriers that care leavers face around fees, grants and accommodation. We know that such problems have existed for care leavers for a very long time, so it is about time we got on, looked at that, and made policies around it.

New clause 16 seeks to improve care leavers’ transition to independence by proposing various changes to welfare and benefits that would offer much needed financial support at a critical juncture. Without financial support, it is likely that a lot of the Government’s intentions towards care leavers will not amount to any real tangible changes for children leaving care. The national offer for care leavers that I am proposing will ensure that the maximum sanction for care leavers under the age of 25 will be four weeks, in line with the current sanction regime for 16 and 17-year-olds. It will allow working care leavers under the age of 25 to claim working tax credit. It will extend the higher rate of the local housing allowance single room rate to care leavers up to the age of 25, delaying the transition to the lower shared accommodation rate that applies at 22 years. It will also amend the council tax regulations to exempt care leavers from that tax until the age of 25.

The Government’s document, “Keep On Caring”, which was published in July, states:

“Most care leavers who spoke to us talked about the problems they had making ends meet. Paying rent, Council Tax, household bills and transport costs meant that many care leavers had difficulty managing their finances and they had often experienced debt and arrears.”

Research by the Joseph Rowntree Foundation has shown that more than half of young people leaving care have difficulty managing their budgets and avoiding debt. Yet almost half of local authorities in England fail to offer adequate financial support and advice for care leavers. If local authorities are not able to help when a young care leaver needs help, where on earth are they supposed to go? Unlike many of us in this room, they have never had the option of turning to their parents, wider family, or family friends. Often, if the local authority does not help them, nobody does.

The way that the Government have applied sanctions has had a devastating effect on not only the sick and disabled, but care leavers. Between October 2013 and September 2015, 4,000 sanctions were imposed on care leavers. They are more likely to receive sanctions, and less likely to know where to go or how to appeal a decision made against them.

[Stella Creasy]

It is worth reflecting on that statistic in the context of my hon. Friend’s amendment. We are talking about care leavers being three times as likely to be sanctioned. If we go back to the principles she was talking about of corporate parenting and wanting the same—the best—for every child in care as we want for our own children, that suggests that those children are not getting the help that they need, and that they are also not getting financial education. There is clearly a particular issue about care leavers and the benefit system that we must address. The Bill is the ideal opportunity to do that and her amendment would fit into that metric. I hope that Government Members will think about that. Care leavers are three times more likely to be sanctioned, so clearly something is not working. We need to act.

[Mrs Lewell-Buck]

My hon. Friend is right. When I have spoken to care leavers who have been sanctioned, often they have not known that they have been sanctioned. What they will say is, “My money has been stopped.” They do not know where to go and they do not know what to do for help. They will sometimes bury their head in the sand, not realising that they could appeal the decision. It is therefore vital that we get it right for them.

For those who were able to get help, 60% of sanctions were overturned, which means that a high proportion of care leavers are having sanctions misapplied. I note Lord Nash’s wish in the other place for sanctions to be reduced, but I was alarmed when he showed concern that a reduction is sanctions towards care leavers might “unintentionally lower our aspirations” for them. When a care leaver has sanctions imposed through no fault of their own—often those sanctions are misapplied—I assure the Minister that their aspirations will not be anything if they cannot afford to heat their home or feed themselves, or if they end up without a roof over their head.

We also wish to make an amendment to extend working tax credit to care leavers under the age of 25. It is right that care leavers should be encouraged to engage in high-quality employment and training opportunities. However, they must be given better support to get into work and to be able to afford to work. Under the current system, only those with children or those who are disabled under the age of 25 can claim working tax credit. An assumption is built into the system that those under 25 on low incomes will be living at home with their family, where they will have access to the extra financial support that they need.

As we are all acutely aware, for care leavers, that it not the situation. It appears that the system penalises—some would even say it discriminates against—care leavers under the age of 25. Currently, care leavers in their first year of an apprenticeship could be earning as little as £3.40 an hour. I am interested to know why the Minister thinks that a young care leaver can manage to pay rent, council tax contributions and utility bills—let alone clothe and feed themselves—on such a meagre income.

For non-care leavers, restricting higher levels of support until 25 has some rationale, as under-25s often have a support network to help them. However, care leavers do not have that support network. It is not right that, when they fall into financial hardship, they suffer a shortfall in support compared with equivalent older workers, especially considering their ineligibility to receive the national living wage until they are 25.

It is estimated that the extension of working tax credit to care leavers under the age of 25 would cost a total of £27.8 million a year. Does the Minister recognise the huge strain of being liable for the full cost of running a household at a young age and the pressure that imposes on the finances of young care leavers? The payment of working tax credit to care leavers under 25 would be a significant step in closing that gap in provision.

--- Later in debate ---

[Michael Tomlinson]

I have the privilege of serving on the Homelessness Reduction Bill Committee, which meets for the fourth time tomorrow. That measure is a private Member’s Bill, as the hon. Lady will know, but it has Government backing. Care leavers are a prescribed group within that Bill, and will be specifically looked after in relation to homelessness advice. The Bill states:

“The service must be designed to meet the needs of persons in the authority’s district including…care leavers.”

Surely the hon. Lady welcomes that, and the fact that the Government are supporting that Bill?

[Mrs Lewell-Buck]

I thank the hon. Gentleman for his support for my amendment. I hope that he will vote with us. I am proposing a comprehensive package of support for care leavers, and this Bill is exactly the right measure for that. We should not have piecemeal legislation for care leavers; the package should be in this Bill.

[Steve McCabe]

I, too, welcome the comments of the hon. Member for Mid Dorset and North Poole. Has my hon. Friend seen the comments of the Birmingham Social Housing Partnership, which warned that very good ambitions of the Homelessness Reduction Bill are likely to be undermined by the wiping out of the supporting people revenue grant, which will mean that we will apply new duties to local authorities and give them fewer resources to manage this issue?

[Mrs Lewell-Buck]

It is a classic tale of this Government: give with one hand, take with the other, and we still end up in a worse situation.

[Simon Hoare]

We all have to accept that local government budgets are under pressure, which presents challenges. Does the hon. Lady accept that she is striking at the heart of the Localism Act 2011 and, in particular, the general power of competence? If local authorities such as Birmingham and Wolverhampton decide to set those sorts of priorities, they can do so. That is what localism and local decision making is all about. We do not need the great dead hand of the state and central diktat to allow local authorities to do it.

[Mrs Lewell-Buck]

Spoken like a true Conservative.

[Simon Hoare]

The hon. Lady pays me the greatest compliment.

[Mrs Lewell-Buck]

It is not a compliment where I come from.

[Tulip Siddiq]

I thank the hon. Member for North Dorset for his contribution and his support for the shadow Minister’s amendment. I spoke in the debates on the Homelessness Reduction Bill introduced by the hon. Member for Harrow East (Bob Blackman). I commend many of the suggestions in that Bill. Is the shadow Minister aware of the Barnardo’s report, which outlines that young people leaving the care system are particularly vulnerable to homelessness because they cannot find appropriate accommodation when they leave?

[Mrs Lewell-Buck]

I am aware of that report, which makes heart-breaking reading. There are lots of reports out there about care leavers. Following up on the intervention by the hon. Member for North Dorset, I agree that some local authorities have done good things in this area, but there should not be a piecemeal approach; support should be offered to all care leavers across the board. Why should one care leaver in one authority have a different service from another one? Care leavers do not care about localism; they want their local authority to give them the same thing as their friends and other care leavers next door.

[Stella Creasy]

Dare I suggest that, if we are going to have a discussion about the core principles of our political movements, one of the core principles for me as a proud socialist is value for money? One of the concerns behind the amendment is exactly that. The hon. Member for North Dorset talks about localism, the cuts to local authorities budgets and the need to be parsimonious—some of us might use a different term—but we must recognise that if 60% of sanctions on care leavers are overturned on appeal, the system is not cost-effective. If we are looking at how we might make savings, treating those young people as we wish our own children to be treated, which is a common theme this morning and perhaps for the entire Bill, is not only the right thing to do morally but the most cost effective and therefore—dare I say it?—socialist thing to do.

[Mrs Lewell-Buck]

I thank my hon. Friend for her excellent intervention. She touches on an important point: elsewhere, if we want to save money, we have to invest. Investing in care leavers prevents them from entering the justice system and from being homeless, which costs more in the long term.

I suspect that the Minister will reiterate what Government peers said in the other place: it is not for the Government to set in statute what local authorities should be doing, and I expect he will get a cheer from the hon. Member for North Dorset—[Hon. Members: “Hear, hear.”] We are not asking the Government to tell our local authorities what they should be doing; we are just asking for a minimum standard for care leavers. These amendments seek that new minimum. Care leavers surely deserve safe, secure, affordable accommodation, but under the current proposals I do not see how they can be expected to make their way in life and deal with the issues of having lived in care with the extra burden of financial difficulty. Does the Minister agree that council tax enforcement undertaken by local authorities completely undermines the principles in this Bill? Does he therefore agree that care leavers should be exempt from council tax until the age of 25?

The Minister is well versed regarding the many challenges that young care leavers face, particularly those of a financial nature. I am sure, deep down, he wants to make sure that the state plays a greater part in supporting care leavers, but the current plans just do not hit it. Last year, almost 11,000 left the care of their local authority and began the difficult process into adulthood. The Government have a duty to those 11,000 vulnerable young people to say that they are not forgotten and that they do not just become another poverty or homelessness statistic on our streets.

[Marion Fellows (Motherwell and Wishaw) (SNP)]

It is a pleasure to serve under your chairmanship, Mr Wilson. I want to speak to new clause 16, which seeks to make provision for care leavers to help them avoid financial difficulty. We are grateful to the shadow Minister for bringing it forward. Although it would apply to Scotland only in part, I wish to put on the record the views of the Scottish National party.

The Children’s Society points out that young people leaving care struggle with their finances and are at an increased risk of falling into financial difficulty. Our First Minister in Scotland has already acknowledged that we have a duty to protect and help our young people most in need and that those who have experienced the care system will be the driving force of the recently announced independent review of how Scotland treats its looked-after children. Our First Minister has committed to listen to 1,000 people with experience of the care system over the next two years. I hope that some of these concerns will be raised during that review. In making that commitment, our First Minister said:

“If we are to live up to our ambition to be a truly inclusive country, we have a particular duty to those most in need. We have to get it right for every child.”

I think that should apply across the UK.

The part of new clause 16 that would apply to Scotland includes the limit to sanctions, the extension of the working tax credit benefit and the exemption from the shared accommodation rate of housing benefit. Given the barriers to employment for care leavers, providing adequate support and safeguards in the system via these changes would seem to be appropriate. As the Centre for Social Justice outlined in its report, “Survival of the Fittest”:

“Current labour market conditions, such as unreliable hours due to zero hour contracts and low pay for entry level jobs, mean that most 18-25 year olds rely financially, at least to some extent, on either their parents or the benefit system for support. As care leavers are unlikely to have substantial family support, they are much more likely to rely on the benefit system”.

As the shadow Minister outlined, the new clause will apply a limit to sanctions under universal credit, including a higher level, medium level and lower level of sanction. The Children’s Society found that 4,000 benefit sanctions were applied to care leavers between October 2013 and September 2015. As we found out with the National Audit Office report only a few weeks ago, sanctions are not rare and they are not working.

Protecting young care leavers from sanctions is a welcome move, particularly as they would lead to further hardship for those possibly already facing financial difficulty of the kind outlined by the shadow Minister. Although the new clause would not remove sanctioning from care leavers under 25, it would place them in the same regime as 16 and 17-year-olds, meaning that the maximum sanction period under these proposals would be four weeks. The second part of the new clause seeks to extend working tax credit eligibility to all care leavers in full-time work of more than 30 hours per week.

The risk of falling into debt due to the cost of living, which many of these people are unable to cover in full, is a bad and sad reflection on our society. The current system of working tax credit assumes that many of those under 25 and on low incomes live at home and are supported by a family. However, that does not apply to care leavers, so additional support should be given to help these young people face independent lives. Surely the whole purpose of the care system is to enable our most vulnerable young people to go out there and stand on their own two feet equitably with those children who are brought up in caring and loving homes.

Oral Answers to Questions

Emma Lewell-Buck Excerpts

Thursday 8th December 2016 Commons Chamber

[Justine Greening]

The hon. Lady wrote to me on 17 November. I will of course respond to her letter. In addition, we have been very clear that we want to see how we can make progress in this area. However, as many questions have underlined, it is very complex, with many different aspects that we need to work on very carefully to get right. Although I know that within this House there have been some excellent reports underlining some of the areas where the guidance should be updated, there is also a broader debate in the country about the right way to do that. This matter needs to be handled very sensitively. That is why we will make sure we take the time to get the process right and then set it out to MPs.

[Mrs Emma Lewell-Buck (South Shields) (Lab)]

5. If she will discuss with the Secretary of State for Work and Pensions the provision of further transitional support to women affected by the increase in the state pension age.

[Andy Slaughter (Hammersmith) (Lab)]

11. If she will discuss with the Secretary of State for Work and Pensions the provision of further transitional support to women affected by the increase in the state pension age.

[The Parliamentary Under-Secretary of State for Welfare Delivery (Caroline Nokes)]

The Secretary of State for Work and Pensions is fully aware of the issue, which we debated in this Chamber just last week. He has clearly stated that the introduction of further transitional arrangements cannot be justified given the imperative to focus public resources on helping those in most need. There are no plans to go beyond the £1.1 billion concession introduced when Parliament considered the changes.

[Mrs Lewell-Buck]

I thank the Minister for that response, disappointingly predictable as it was. Will she tell me whether anyone in Government has done an analysis of how much it would cost to implement transitional measures by comparison with what it will cost the Government reputationally and financially when the Women Against State Pension Inequality take them to court and win?

[Caroline Nokes]

Consistent is how I would prefer to describe my answer. The Government have looked into a variety of different proposals that have come forward in many forms, both from the WASPI campaign and from Opposition parties. As I have very clearly stated, we will not make any further transitional arrangements.

Children and Social Work Bill [Lords]

Emma Lewell-Buck Excerpts

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

[Mrs Emma Lewell-Buck (South Shields) (Lab)]

As we have already said, Labour will not be dividing the House on this Bill this evening. However, I will take this opportunity to deliver some home truths to the Government. This is a Bill, which, from its very inception, has been ill-thought out and hastily put together without any guidance from children or from the very industry that it purports to be helping to improve. In short, it is a Bill about children and social work with negligible input from children and social workers. By not listening to the profession, the Government have once again shown how little value they see in using the professional experience and expertise of those who work, day in, day out, and often at the risk of their own welfare, to protect children and families.

What social workers want is to be out in the field with vulnerable children and families, because the more time they spend with them the more vulnerable children are identified and supported or saved from harm. It could not be simpler than that.

So far, the Government’s social work reform agenda has been a total failure, rooted as it is in structural system change and in tinkering around with individual, mainly Labour-held, local authorities. [Interruption.] The Minister twists in his place, but he will get his turn soon I am sure. There continues to be an obsession with adoption to the detriment of early intervention and work that can keep families together and children out of the care system. This Government are completely oblivious to the severe impact that their austerity measures and punitive welfare policies are having on our most vulnerable children and families. They are causing untold damage

I remind the Minister, as I have done many times before, that social work is a holistic profession. The Government’s closure of Sure Start units and removal of early years help in family support centres, and the disproportionate cuts to local authorities in the most deprived areas have measurably taken their toll. All this Government seem to be doing for desperate families is turning the screw tighter and tighter, year on year, until they break. As other hon. Members have already said, the demand for help and protection is rising.

Over the past 10 years, there has been a 124% increase in serious cases—where a local authority believes that a child may be suffering, or is likely to suffer, significant harm—and the varied spending on social work has been found to be totally unrelated to quality. In short, all of the Government’s initiatives and changes are not yielding positive results. This is systemic not local failure. In other words, it is the Government’s fault.

Both the National Audit Office and the Education Committee looked into social work reform and noted that there are significant weaknesses in the Government’s agenda, and that the reforms focus on

“changing structures potentially to the detriment of the people delivering this key public service.”

What the social work profession needs is continuity, stability and confidence, and a Government who can hold their nerve on how best to help children and families by putting in place and embedding good policies—policies such as the introduction of personal, social, health and economic education, which was referred to by my hon. Friend the Member for Walthamstow (Stella Creasy), and supported by the right hon. Member for Basingstoke (Mrs Miller).

The Government are failing to get the basics right. They are not reducing social worker caseloads, preventing experienced professionals from quitting the profession or training social workers in a holistic way—they are fast-tracking them, and forcing them to specialise before they have even been trained in the basics. The Government are not amending IT and the bureaucratic process across the board to achieve the goal of getting social workers where they want to be, which is out from behind their desks and seeing the families with whom they work. This Bill does nothing to respond to the crisis in social work and to the hundreds of thousands of children who need better services right now.

Like other Members, I wish to take this opportunity to thank the Labour Lords and other peers whose tireless work has resulted in the Bill before us today being markedly different from that which was first introduced. In particular, I wish to congratulate peers on defeating the Government and forcing them to remove dangerous clauses from the Bill that would have paved the way for the privatisation of children’s social care. It is scandalous that these clauses are soon to reappear at Committee stage. The Government’s proposals will allow local authorities, under the guise of innovation, to opt out of protective primary legislation. That legislation, which has taken decades to achieve, has led to us having one of the safest child protection systems in the world. It was hard fought for by the profession in this place and in the other place. These proposals have caused alarm and outrage in the profession and the sector overall. I have yet to meet a social worker who supports the changes. I have had no clarity from the Minister about where the demand for change has come from and what pieces of primary legislation local authorities and social workers say prevent them from carrying out good social work. Will he tell us today?

This is legislation formed in the worst possible way, without demand and without any evidential basis for fixing the problems it purports to fix. The Government have invented a solution to an invented problem, because the Bill will not solve any of the problems in social work. What I know from my time in social work practice is that the things that social workers find restrictive, such as case recording, derive from secondary legislation, guidance, or the custom and practice in their particular local authority—all of which can be changed without primary legislation.

The Government have denied time and again that the opt-out clauses were about privatisation, yet late last week, two years after it was written and after an inexplicable delay in responding to freedom of information requests, the Department for Education released a report, referred to by my hon. Friend the Member for Ashton-under-Lyne (Angela Rayner), which sets out how children’s social care can be moved out of local authority control—a report which states that independent contractors have said that they are willing to play the long game and wait for councils to hand over the majority, if not all, of their children’s social care services after they have developed their experience in children and families social work. There we have it—independent contractors are going to use vulnerable children and families to experiment with, once the Government allow local authorities to opt out of protective legislation. These are the most dangerous changes to child protection that I have ever seen.

Labour, bolstered by the support of the profession and related stakeholders who have expressed outrage at these plans, will fight the Government every step of the way on these clauses. Vulnerable children are not to be used as market experiments, and any child protection strategy that requires the dispensation of the law to achieve it is counter-productive and downright dangerous.

Of course, there are parts of the Bill that we can support. The introduction of detailed principles of corporate parenting, the extension of the personal adviser role to care leavers up to the age of 25, and the local offer for care leavers are all steps in the right direction. Our concern is whether the Government can deliver it. For example, they promise in the Bill to promote the physical and mental health of looked-after children, but on their watch child and adolescent mental health services are in meltdown, with many looked-after children waiting not just months, but years, for specialist help. Changes need to be properly resourced, otherwise they are warm words and nothing more, so can the Minister confirm that these proposals will be properly resourced?

The Bill establishes a new social work regulator. In Committee we will carefully consider this change and those that relate to local safeguarding boards and the child safeguarding practice review panel. We share some of the concerns of the hon. Member for East Worthing and Shoreham (Tim Loughton). We have ongoing concerns about the independence and impact of the proposed non-departmental public body model, especially the lack of detail in the current proposals which envisage Government appointments directly to the leadership of the organisation. Can the Minister please explain why the social work profession is treated so differently from other health and care professions?

Finally, the Bill is impotent in its response to unaccompanied asylum-seeking children. These children are experiencing the most immense suffering and trauma. Thanks to Lord Dubs forcing the Government’s hand and reminding them of this crisis, we will see a strategy in May next year, but these are urgent and pressing matters and deserve further debate in this place. We fully support the amendments so eloquently and passionately outlined by my hon. Friend the Member for Walthamstow.

In essence, what we have here is a Bill with some nice-sounding elements that do not appear to be fully resourced, and are therefore not guaranteed, and the continual threat to open up children’s social care to the market by allowing opt-outs from legislation. In fact, we will be presented with a Bill in Committee that local authorities could, in theory, dispense with if it became law. That is a completely ridiculous approach to legislation and an insult to the House.

I know that getting things right for children and families in the social work arena is not an easy task—it is difficult and complex, and many Governments have grappled with it. But trust me, this Bill is not the answer. We will seek significant amendments in Committee and make sure that the Government understand that privatisation and micromanagement are not the answer to every problem. Labour will never allow the Government to use our most vulnerable children as experiments in Tory ideology.

Oral Answers to Questions

Emma Lewell-Buck Excerpts

Monday 14th November 2016 Commons Chamber

[Mrs Emma Lewell-Buck (South Shields) (Lab)]

Despite investment, the National Audit Office has judged child protection services to be “unsatisfactory and inconsistent”, which suggests systemic rather than local failure. Six years of Tory tinkering, rebranding and outsourcing has resulted in too many children’s services being deemed simply not good enough. Can the Minister tell us how much longer children will have to suffer because of his Department’s failures?

[The Minister for Vulnerable Children and Families (Edward Timpson)]

I realise that the hon. Lady wants to press the Government to do right by vulnerable children, but I am sorry that she has tried to create a division on something about which we agree. In fact, over the past six years the Government have intervened in 60 failing local authorities, 34 of which we have turned around, and we are now investing more than £300 million in an innovation programme to ensure that we can do right by children in our care and provide them with the best possible outcomes. I hope the hon. Lady will agree that we should never, ever settle for second best for children who are vulnerable. The work that we are doing is intended to ensure that we give them everything they deserve.

Looked-after Children/Social Work Reform

Emma Lewell-Buck Excerpts

Thursday 20th October 2016 Westminster Hall

[Mrs Emma Lewell-Buck (South Shields) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Gapes. I thank the hon. Member for Stroud (Neil Carmichael) for opening this important debate, and his colleagues on the Education Committee for their excellent work on the two reports that we are discussing. I of course acknowledge the Minister’s commitment in this area, and I know that he and everyone in the Chamber are dedicated to improving the lives of our most vulnerable children. That is why it is all the more disappointing to read the Government responses to the reports.

The Committee based its recommendations on an extensive body of evidence from experts in the industry—evidence that clearly showed why more action and less talk are needed. In the “Mental health and well-being of looked-after children” report, the Committee rightly recommended that a dedicated mental health assessment by a qualified mental health professional be completed for all looked-after children, so that healthcare professionals and local authorities have a solid and consistent foundation on which to plan the best care for a child.

The report further recommended that all children who need access to child and adolescent mental health services get it in a timely fashion. That makes total sense when we consider that almost every looked-after child has endured some form of trauma, from those who have suffered the most unimaginable brutality to those whose parents, for whatever reason, cannot care for them or protect them from harm. In fact, as the hon. Member for Stroud said, at least 45% of children entering care have a diagnosable mental health condition, and 75% of children in care have some kind of emotional or behavioural difficulty. It is therefore astonishing that the recommendation was not accepted.

The Government’s record overall on CAMHS is dire, with children waiting years for specialist help. With that in mind, will the Minister tell us what the ratio of CAMHS workers to looked-after children in England is, and whether he think that the number of CAMHS workers is high enough? Will he also tell us what impact he thinks his Government’s cuts have had on CAMHS overall?

I was similarly disappointed that the Committee’s recommendation that CAMHS be made available to all care leavers up to the age of 25 was rejected. The Government believe that the configuration of local mental health services is a matter for commissioners to decide, on the basis of local need. Even the statutory guidance, however, is clear: decisions on the transition between services should be based on the needs, wishes and feelings of the young person concerned, not the cost considerations of local commissioners. Once a young person turns 18, they are referred to adult mental health services, and we all know that the Government’s record on adult mental health is even more concerning, and that budgets for mental health trusts continue to be slashed.

The Government response does not specifically answer the question of how CAMHS provision will be improved, or how they will tackle the huge waiting lists, which lead to unnecessary suffering. From my own experience, I know that there is nothing worse than working with a child or young person who is desperately crying out for professional help that is simply not available. The social workers and carers who have to deal with these situations day in, day out, have to watch the young person in their care suffer while they feel completely helpless. That is why the Government’s rejection of the Committee’s recommendation that foster carer and residential carer training be supplemented with mental health and emotional wellbeing modules is disappointing. If carers are not fully equipped to do their job, their ability to sustain care for a child can be reduced. That could have a devastating impact on a child, who is left to forge—sometimes many—new relationships with different carers.

I noticed that the Government responses deflected many answers on to the new expert working group on the mental health of looked-after children. I make no criticism of the experts appointed to the group, but further consultation is wholly unnecessary, as the hon. Member for Telford (Lucy Allan) said, especially since both the co-chairs have already submitted evidence to the Committee. Consultation will simply cause further delays, and delay means that more children will suffer unnecessarily. Will the Minister tell us how many children he thinks will be left suffering on waiting lists while that review drags on? Does he accept that the condition of many of them will deteriorate as they wait for services? I have seen that myself in children waiting for long-term fostering or for adoption. A child’s pool of potential carers will decrease as their condition worsens, and as the years go by and he or she gets older, the pool decreases even more. For far too many children, that means never getting to feel the security and stability that long-term fostering or adoption can bring—all because of unnecessary delay.

Heartbreaking as that is, there are far worse scenarios for children in the system, which is why social work reform is so important. The Committee’s report on social work reform makes a number of common-sense suggestions. I appreciate that the Minister has a difficult job. Getting things right for children and families is not an easy task; it is difficult and complex terrain. Successive Governments have battled with how to provide the best and safest social care system for children, but now there is an abundance of official and other expert advice to draw on, so we should see some action and results—but we do not.

I imagine that the Minister in his response will tell us about the Munro report, the Step Up to Social Work programme, Frontline, the Innovation programme, What Works centres, partners in practice, the intervention regime and “Putting children first”, the Government’s vision for excellent social care by 2020. What the Minister might not speak about is the recent National Audit Office report, “Children in need of help or protection”, because it finds that actions taken by the Department for Education over the past six years to improve the quality of help and protection services delivered by local authorities for children have not yet resulted in services being of a good enough quality, suggesting systemic rather than only local failure.

In fact, the demand for help and protection is rising. Over the past 10 years, there has been a 124% increase in serious cases—ones in which a local authority believes that a child may be suffering, or likely to suffer, significant harm. Furthermore, the varied spending on social work has been found to be not related to quality. Will the Minister explain why he thinks that all the Government’s initiatives and changes over the past six years are not yielding results? Many of the NAO’s findings certainly echo the Committee’s analysis that there are significant weaknesses in the Government’s agenda, and that the reforms focus on

“changing structures potentially to the detriment of the people delivering this key public service.”

What is needed in the social work profession is continuity, stability and confidence, and a Government who can hold their nerve on how best to help children and families by putting in place and embedding good policies. The Government are failing to get the basics right. Those basics are: reducing social worker case loads; preventing experienced professionals from quitting the profession; training social workers in a holistic way; not fast-tracking them, and forcing them to specialise before they have even been trained in the basics; and amending IT and the bureaucratic process across the board to achieve the goal of getting social workers where they want to be—out from behind their desks and seeing the families with whom they work.

It is an absolute must that we start looking after social workers. A new professional body could go some way to assist us in that. It is simply no good demanding excellent social workers and excellent practice if social workers are not appropriately supported, including with safe working environments. Social work is a dangerous profession, with unmanageable case loads, impenetrable bureaucratic structures and poor pay. It makes me angry that social workers are not afforded the same protection and status as other professionals. We all need to remember that for every social worker who becomes unwell and cannot do their job, there are sometimes up to 40 children who lose the help and support of that social worker, who, for many of them, is the only constant in their life. Such a working environment would not be tolerated in Parliament; Parliament should not tolerate it for our social workers. Why will the Minister not implement the Select Committee’s recommendation about the wellbeing of the workforce?

A common feature of the Government’s response to the Select Committee’s recommendations on social work reform was deflection to future initiatives and reports, and future analysis of initiatives that are already in place. All I know about the future is that our children’s futures are at risk under this Government. The overall fact remains that the Government’s response does not tackle the crisis in social work because it does not address how to deal with the significant increase in the sheer number of people accessing the service. To do so, the Minister would need to admit what we all know: that the Government’s closure of Sure Start units and removal of early years help and family support, and their cuts, punitive welfare policies and austerity measures, are impacting everywhere, and nowhere more starkly than in the children and family social work arena, which by its very nature is interlinked with wider societal and economic issues. The Minister does not need to take my word for it; he could listen to the chair of one of the Government’s expert panels, who has said that

“investment is welcome, but we have to recognise that is against a backdrop of other financial pressures…and a history of disinvestment across the system for quite a number of years.”

The Opposition welcome the Select Committee’s work, but not so much the Government’s response, or their inability to accept the overall consequences of their policy making, and the drastic impact that those policies are having on everyone, but most importantly, vulnerable children and families.

[The Minister for Vulnerable Children and Families (Edward Timpson)]

It is a pleasure, as ever, to serve under your chairmanship, Mr Gapes. I welcome this debate and the interest that the Chair of the Select Committee, my hon. Friend the Member for Stroud (Neil Carmichael), has shown in prioritising these issues for inquiry by that Committee.

There is a lot of ground to cover. It is always encouraging to get a ringing endorsement of everything that the Government are doing, but there are clearly still some elements of concern that I need to address. In so doing, I recognise, as others have, that hon. Members who are present share my commitment to improving the lives of vulnerable children. That is our joint mission and the underlying motivation for everything that we do in our privileged roles.

The Government have participated in and responded to the Select Committee’s inquiries, but I want to take the opportunity to provide some further detail and, I hope, reassurance that we have a comprehensive, considered and compassionate plan to help to bring about the improvements that we all want to see to vulnerable children’s lives. I remind hon. Members that in July this year we published our “Putting children first” strategy. I am grateful to the hon. Member for South Shields (Mrs Lewell-Buck) for reminding everyone of that important document, which I believe represents the most thorough and ambitious reform agenda in this area for some considerable time. I am not complacent, and neither is that report, but it is a serious attempt to try to get children’s social care to where it needs to be.

The strategy sets out fundamental reforms across each of the three pillars on which the social care system stands or falls. The first and foremost of those is people and leadership. I agree with my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) that our system stands or falls on the quality and commitment of the people driving it. The second pillar is practice and the environment that we create for that practice to be able to improve, which we must do in a way that does not stifle practice through over-regulation and process-driven activity. Again, I agree with the hon. Member for South Shields that we do not want social workers sitting behind computers; we want them to work face-to-face with families to try to improve their lives, and we want to avoid risk-averse behaviours, of which process-driven activity is often a part.

The third and final pillar is governance and accountability. We need to be sure that what we are doing is effective and actually works. We must develop innovative new models for the pursuit of practice excellence, which has to be at the heart of this work, and remain firmly focused on improving outcomes for children. Only by taking action across those three fundamental pillars will we bring about the kind of transformational change that is needed in children’s social care.

As other Members have acknowledged, children’s social workers can have a genuinely life-changing impact on our most vulnerable children. Our vision is of a social work profession made up of fully confident and highly capable social workers who have been trained in the right way and have the right knowledge and skills, and access to the right supervision and support.

[Mrs Lewell-Buck]

The Minister may be coming to this, but I am curious: how will the Government measure the success of “Putting children first”?

[Edward Timpson]

I will come to how we will ensure that we are making progress. Several milestones are set out in “Putting children first”, which is a programme of work through to 2020. We will be able to measure progress by whether inspections of children’s services and our outcome measures for children in care improve, and we will have a whole suite of indicators that will give us a strong understanding of whether the work we have done and the measures we have put in place are having a positive influence.

Over the last six years, we have begun to lay solid foundations for achieving that vision. We have appointed a chief social worker, who has introduced the first definitive statements of child and family social work knowledge and skills. Working across Government with the Department of Health, we have developed the first four teaching partnerships, whereby employers and universities work together to ensure that university courses provide students with the right on-the-job skills. One of the problems in the past—I have seen this for myself—has been that too many social workers have come into practice without any first-hand experience of what it is like to be in a child protection situation. We need to change that.

We have invested almost £50 million since 2010 in Frontline and Step Up, which I make no apologies for mentioning. Those programmes have brought more than 770 high-calibre recruits into social work. We have expanded our assessed and supported year in employment programme to support newly qualified social workers entering the profession. To help the Chairman of the Select Committee on whether ASYE should be mandatory, I can tell him that 151 of the 152 local authorities take part in that course. We want to review that and see whether that level is maintained, because we think ASYE is an important part of social workers’ early experience of gaining professional knowledge.

We are under no illusions about the remaining challenges; there is still much more to do. The recent National Audit Office report on child protection performance was a timely reminder that the performance of children’s social care services is still far too variable across the country. We must acknowledge that although many local authorities provide a consistently effective core social work practice, the majority still struggle to do so.

The reviews by Professor Eileen Munro, Sir Martin Narey and David Croisdale-Appleby, among others, have given us a much deeper understanding of the issues faced by children’s social care. They describe a system in which initial social worker training is not universally preparing students for the challenges of the job, as I alluded to, and those already doing it often lack the time, specialist skills and supervision needed to achieve real change for children and families. The reviews also describe a system that focuses too much on management and is governed by prescribed approaches rather than excellent practice, and conclude that services have not always been designed around vulnerable children and that innovation has not been given enough space to thrive.

We are determined to address those challenges, as outlined in our “Putting children first” strategy. Going further and faster on our plan to drive up the skills and status of the children’s social work profession is central to that endeavour. To that end, I am working in partnership with my colleagues in the Department of Health to establish a new, bespoke independent regulator for social work that will set higher standards for social work both in what is expected of professionals in order to practise and in what is expected from universities and others providing initial social work education. It will also create a more rigorous approach to continuing professional development in social work—an area the Chairman of the Select Committee rightly raised—ensuring that social workers continue to develop throughout their careers, as called for in the report. In the past there has been too little recognition of the role this area has to play.

I am also bringing forward a new system of post-qualifying assessment and accreditation for child and family social workers. That is a key plank of our reforms, because it will provide, for the first time, a consistent way of ensuring that child and family social workers have the right knowledge and skills to do their jobs well. The new assessment will incentivise employers to invest properly in the development and support of their staff, as well as ensuring a mechanism for recognising the specialist skills that child and family social workers possess. Again, that work aligns with the recommendations of the Select Committee’s report. The consultation, which hon. Members are keen to see, is planned for publication before the end of the year, and I am sure they will want to contribute.

The assessment and accreditation system will also, for the first time, establish a consistent, clearly structured and well supported career pathway for child and family social workers, which will allow them to deepen their skills as they take on additional responsibility and, crucially, keep them in touch with practice. One of the problems we can all recognise is that in the past too many good social workers, as they gained experience, rather than remaining close to families and working their own cases, moved into management and behind desks. We therefore lose that expertise and the new crop of social workers coming through do not get the support they could have gained from those experienced social workers if they are no longer working with them.

Practice skill and expertise will be the most highly prized and rewarded asset across the whole career, from newly qualified social workers all the way through to practice leaders. Together, the reforms provide an opportunity and a solid platform from which to raise the status of child and family social work in the way the profession needs and deserves. They create the conditions for a strong, confident social work profession where practitioners are properly supported to thrive in very challenging front-line posts. The profession, and the children and families it serves, should expect no less.

I want to address the point made by the Chairman of the Select Committee about a professional body. It is right to say that over three years the Department for Education, with support from the Department of Health, spent more than £8 million of public money trying to set up the college of social work, but despite that significant investment the college was unable to secure the sufficient membership required to make it sustainable. However, I re-emphasise, as I did in evidence to the Select Committee, that it is important that there is a strong professional body for social work. It has to be sustainable, but also have a sense of ownership by the profession. It cannot be top-down; it has to be a bottom-up organisation. We want to continue to work with the British Association of Social Workers, other representatives of the workforce and the Department of Health to see how we can start to nurture and craft a professional body in that mould so that we have something that truly represents social workers and can go into bat for them when they need that.

It is also important to recognise that giving social workers the right knowledge and skills and setting high standards for practice will not on its own bring about the step change we need. Excellent social workers need to work within supportive and permissive organisations where they are given the flexibility to use their expertise in ways that have the greatest impact on children and families. As Eileen Munro identified, good social work is not about following processes and procedures, but too often that is what we have turned it into. We need a dynamic practice system where testing and evaluating new ways of working and learning from the best is the norm. We see that in other parts of public service, so why not in children’s social care?

It is our children’s social care innovation programme that is starting to foster that way of working. We have already funded over 50 projects and announced £200 million more for the future. We are also developing the first ever What Works centre for children’s social care. That is an important development, because for the first time there will be a repository of good practice for social workers to use and have confidence in for the work they do. We are also overhauling the serious case review process to better extract national learning when things go wrong.

We want to go further. The Children and Social Work Bill, which is currently before Parliament, includes a new power to innovate. Through that power, we are looking to say that, ultimately, excellent front-line social work practice should be defined not by the Government or Parliament but by local practice leaders, with more freedom to operate within a clear, safe statutory framework. Our “partners in practice” local authorities—eight of the highest-performing authorities—see the power as an important and potentially transformative opportunity.

The power has been criticised by some in the Lords. It is right that we debate that and that the quality of debate in Parliament is strong, but let us have a debate based on facts, not on unfounded propositions. Let me be clear: we do not want to privatise child protection services and we will not privatise child protection services. Indeed, there are already clear legislative restrictions on the outsourcing of children’s social care functions. It was never the intention to use the power to innovate to revisit those. However, to put it beyond doubt, we are amending the Children and Social Work Bill to rule out any use of the power in that way.

We will not remove fundamental rights or protections from children either. Our aim is to strengthen, not weaken protections. We want to let the best local authorities, led by leading-edge practice leaders, work in ways with more potential to make an actual difference for children instead of watching and waiting, hamstrung by excessive prescription.

I will quote from Eileen Munro, because we still value her views on how we are performing and the work we are doing:

“I welcome the introduction of the power to innovate set out in the Children and Social Work Bill. This is a critical part of the journey set out in my Independent Review of Child Protection towards a child welfare system that reflects the complexity and diversity of children’s needs. Trusting professionals to use their judgment rather than be forced to follow unnecessary legal rules will help ensure children get the help they need, when they need it.”

She is not a lone voice: the Children’s Commissioner, the Society of Local Authority Chief Executives, the Children and Family Court Advisory and Support Service, Catch22, Achieving for Children and the children’s social worker all hold similar views.

[Mrs Lewell-Buck]

The concern about the Children and Social Work Bill seems to be that the Government have been completely unable to say exactly which functions local authorities will be able to opt out of. Bearing in mind that a lot of the functions they have around children protect them from harm and keep them safe, is it not understandable that there is huge concern out there about where the Government are going with that?

[Edward Timpson]

Perhaps I can give the hon. Lady some examples of primary legislation where local authorities have asked that they be able to use the power to innovate where that is currently restricted in law. Under section 25 of the Children Act 1989, independent reviewing officers must be appointed for every looked-after child and they have to have regular reviews. We know that children often say that they do not like that. There are children who are in very stable placements for whom that can be disruptive and they ask for that not to happen, whereas other children need more intense oversight from an independent reviewing officer. That is one example of where local authorities want to have that flexibility.

There are also some anomalies that I am not sure many people appreciate. For instance, under section 66 of the 1989 Act, any child who is not cared for by a family or a guardian for 28 days counts as privately fostered and as such receives the same duties as other looked-after children, with visits and so on. That ends up capturing children coming over to language schools, which the local authority have to go and visit, to check on their welfare, despite those children being on a foreign exchange trip. Those are just some examples of measures where the local authorities that have shown an interest—we have to remember that this is a permissive power—would want some flexibility, in a safe and controlled environment, to test to see whether there is a different way of providing services that is absolutely focused on improving children’s outcomes more than anything else.

[Mrs Lewell-Buck]

Will the Minister give way?

[Edward Timpson]

Briefly, because I want to make sure I finish my speech. I have not got on to mental health yet.

[Mrs Lewell-Buck]

Just one quick point for clarity: am I right to assume that the Minister is saying that anything is open as long as the local authority applies to the Secretary of State, or will it be just the two examples he has given? I am struggling to see what exactly is in the mix. This seems to be open to anything.

[Edward Timpson]

There are restrictions to the legislation that local authorities can apply to be disapplied. A local authority has to make the application itself and it has to consult with the local area. It then has to submit that application to an expert group, which will consider it and publish its findings. Even then, there has to be an affirmative resolution in both Houses before that local authority can test out that new way of working. I met the hon. Lady yesterday to talk a little bit about this and other areas of shared interest. I am happy to provide her with more details and I also suggest that we agree to meet again, so we can make sure that all of the information is provided.

The chairman of the Education Committee, my hon. Friend the Member for Stroud, raised the issue of trusts, which I will touch on briefly. I in no way think that creating children’s social care trusts is a panacea for all ills. In most cases, when a local authority fails it will be able to improve its services with the right support, as is happening in Cumbria, Surrey and Buckinghamshire at the moment. However, where failure is persistent or systemic, it is right that we look carefully at whether the capacity for improvement exists in the local authority. We now have commissioners who go in and undertake a three-month review before reaching their conclusions and recommendations on the way forward.

Leaving services within council control is sometimes found to be the best approach to securing improvement, as in Bromley and Dudley, for example. In other cases, local authorities themselves agree that an independent trust model will create extra improvement capacity and help to turn things around, as is the case in Birmingham and Sunderland. Sometimes, where failure is deep-rooted and an authority does not have the capacity to improve itself, service control must be removed by my Department. I will not apologise for doing that. We cannot simply sit back and watch authorities fail over and over again, year after year, without trying new ways to bring about improvement. There is a growing bank of evidence following recent Ofsted inspections in Doncaster and Slough of services improving following the move to a trust after years of failure. Ofsted has particularly highlighted the strengthening of leadership and management in those trusts, which are critical components of any successful organisation.

To give the Chairman of the Committee an opportunity to respond and conclude the debate, let me now turn to my hon. Friend’s interest in the mental health and wellbeing of looked-after children and care leavers. I thank members of the Education Committee for their insightful report and commend them for their ongoing interest in this important area. I know all too well, from my personal experience, the nature of the challenges that children in care often face and the impact that can have on their mental health and the health of those who care for them. That is why my Department is taking strong action to improve support for children in care and care leavers, including the introduction of the staying put duty, so that all young people leaving foster care can continue living with their foster families after the age of 18. More than 50% of 18 year-olds in foster care have taken up that opportunity.

We are also undertaking a national stocktake of foster care to better understand current provision and how needs are matched with skills. I look forward to working with the Education Committee in looking at the evidence it gathers for its own report in this area. We are piloting the staying close programme, which enables young people leaving children’s homes to maintain links with those homes, as recommended by Sir Martin Narey’s review of children’s residential care. We published a new, cross-Government care leavers strategy, “Keep On Caring”, which sets out what we will do right across Government to ensure that care leavers get the support they need and also outlines our ambitions for trialling new and innovative ways of working. We are also taking legislation through Parliament that will, for the first time, define what it means to be a good corporate parent for children in care and care leavers.

When the state decides a child’s needs are such that we must take on parental responsibility, it has an overwhelming duty and responsibility to be the very best corporate parent it can be. It is right that, like all good parents, that responsibility continues when young people reach early adulthood. The new corporate parenting principles ensure that responsibility is given the weight and significance it deserves across the whole country. I hope hon. Members will support it.

Central to delivering our responsibilities as corporate parents is the promotion and support of the mental health and wellbeing of children in care and care leavers. That is an issue we take very seriously and on which we want to make timely and sustainable progress that tackles the shift in mindset needed around mental health and brings improvements to practice. Only this week, my noble Friend Lord Nash introduced an amendment to the Children and Social Work Bill that will explicitly capture the role of local authorities in promoting the mental health of looked-after children as a core part of the definition of a good corporate parent, which is significant.

I share the concerns of the hon. Member for South Shields about child and adolescent mental health services. They have been undervalued and underfunded for far too long, and we need to do far more to tackle that. The Government are investing £1.4 billion over the life of this Parliament to drive improvements in mental health services for children and young people. In addition, we are making a specific investment of more than £10 million to support the mental health of young people in secure children’s homes, who are some of the most vulnerable people in our society.

In order to get mental health support for children in care right, the Department of Health and the Department for Education have, as hon. Members have said, established an expert group to ensure that the emotional and mental health needs of children and young people in care and adopted from care and of care leavers are better met. It is a collaboration between social care, education and health colleagues, parents and carers and care leavers themselves. It is a comprehensive piece of work to map out the care pathway for a looked-after child in need of mental health support; it is not just looking at the point of entry into the care system.

The principle of having a mental health assessment for all children being brought into care is instinctively attractive, but I know—and I know others who share this view—that we have to look at each child individually. There will be some children who, at the point they come into care, are still suffering great trauma from an event that has led to them going into care. That is not the right moment for them to have such an assessment. There are other children, such as newborn babies and others, for whom it would also not be appropriate.

The expert group is gathering pace and gathering that evidence. As my noble Friend Lord Nash said on Report, we will take seriously its recommendations. Those may come during the duration of the group’s work and may also include potential changes to legislation. That is a commitment we have made, and we want to make progress and make sure we do not lose this opportunity.

The reports discussed today pose a range of challenges to the Government. I welcome the healthy debate they have generated, because they help to keep the issue at the top of the agenda and maintain the momentum, not just for me and my Department but right across Government. I share the ambition of other hon. Members, and we are united in our commitment to improving the lives of our most vulnerable children. Hon. Members should be in no doubt that I recognise and accept that there remain deep-seated issues we need to resolve, but I and the Government are more determined than ever to show the resolve and commitment needed to rise to those challenges with our clear and ambitious plan for fundamentally reforming the system. Our vulnerable children deserve no less.

Oral Answers to Questions

Emma Lewell-Buck Excerpts

Monday 10th October 2016 Commons Chamber

[Edward Timpson]

My hon. Friend is right that we have managed to secure more than £200 million of capital funding for special schools to increase the number of placements in his area and many others. We will be giving more details shortly, but I am sure that many people not just in Newark but right across England will be looking forward to seeing how they can improve the facilities and support that are available for children with special educational needs.

[Mrs Emma Lewell-Buck (South Shields) (Lab)]

I heard the Minister’s response to my hon. Friend the Member for Stretford and Urmston (Kate Green), but I was dismayed that in the “Schools that work for everyone” Green Paper there was not one single mention of children with special educational needs or disabilities. Is it not true that this Government have simply forgotten about them?

[Edward Timpson]

I welcome the hon. Lady back to the Front Bench. I know that she has had a number of epiphanies in the past few months, going from a remainer to a leaver to a returner, but I am pleased that she has taken up her present role, where I know she is a good fit. It is Dyspraxia Awareness Week, and I know that she is a very strong supporter of the work that the Dyspraxia Foundation and others do. She knows a lot about that issue and I wish her well in her role.

The Green Paper looks at raising standards across all schools for all children, and it includes, as I said previously, children with special educational needs. I hope that the hon. Lady will work with us to make sure that they get the best possible deal.

Oral Answers to Questions

Emma Lewell-Buck Excerpts

Monday 4th July 2016 Commons Chamber

[Edward Timpson]

Step Up and Frontline are beginning to have a significant impact: more than 670 Step Up participants have qualified as social workers and more than 450 students and 103 local authorities started training this year. An evaluation of cohort 1 showed high retention, and 99 Frontline participants have now qualified as social workers. An independent evaluation in March 2016 was hugely encouraging.

[Mrs Emma Lewell-Buck (South Shields) (Lab)]

Children can remain in foster care until they are 21, while those in residential care have to leave at 18, which creates a truly unfair system. I have organised for MPs to pledge their support tomorrow to show that we care equally about all looked-after children. Will the Minister sign the pledge?

[Edward Timpson]

I commend the hon. Lady for her continued and passionate commitment to this matter, based on her professional experience and desire to make a difference. If she reads the paper, “Putting Children First”, which I mentioned a few moments ago, she will find a response to a recommendation from Martin Narey’s review into residential care explaining that we will start to pilot “staying close” for children leaving care in residential care settings. This is in line with his recommendation and I am sure will be hugely welcomed.

Oral Answers to Questions

Emma Lewell-Buck Excerpts

Monday 25th April 2016 Commons Chamber

[Nicky Morgan]

I would be delighted to meet my hon. Friend to discuss the matter. As the Schools Minister has said, we have raised the bar in relation to the key stage 2 tests that are happening, but the important reason for that is to make sure that our young people have the basics of the reading, writing and maths that will help them to progress in life. We know the difference in GCSE results between key stage 2 pupils at the end of primary who get to the expected level in reading, writing and maths, and those who do not. That can hold people back for life, and that is not fair.

[Mrs Emma Lewell-Buck (South Shields) (Lab)]

6. What recent assessment she has made of the adequacy and quality of provision in the children’s social work sector.

[The Minister for Children and Families (Edward Timpson)]

May I begin by apologising if I am moving unusually slowly and gingerly to and from the Dispatch Box this afternoon? I have the excuse of having run the London marathon yesterday, along with seven other Members of the House and close to 40,000 other hardy individuals. I ask the House to put on record our collective gratitude to and admiration for them, in particular for the more than £25 million that they raised for hundreds of charities up and down the country.

It is the role of Ofsted to assess the adequacy and quality of provision in the children’s social work sector. All local authorities are currently being inspected under the single inspection framework, which assesses arrangements for child protection services for looked-after children and the leadership, management and governance of children’s social care. My Department intervenes to support improvement in services where they are judged to be inadequate.

[Mr Speaker]

The hon. Gentleman is a hero, but too modest to point out that he has run marathons on a number of previous occasions; because he is too modest I will do it for him.

[Mrs Lewell-Buck]

I thank the Minister for his response. As he well knows, social work is a holistic profession. For example, when I qualified I had knowledge across all social work disciplines, such as mental health, child protection and adult social care, ensuring that I was able to fully grasp all the issues facing my clients. Will he therefore explain why his Government are investing in Frontline and Think Ahead to the detriment of traditional, more holistic university courses, and are creating specialisms in silos, which is bad for the profession and even worse for the clients?

[Edward Timpson]

I am afraid that the hon. Lady has given a distorted view of the work being done to improve social work practice across the board. Not only are the Government investing in fast-track graduate schemes such as Frontline and Step Up to Social Work, to which 151 local authorities have signed up, but we have the assisted and supported year of employment and the new knowledge and skills that every children’s social worker will now have to be accredited and assessed against. That is important because for the first time there is a relentless focus on high-quality social work practice rather than a simple theoretical understanding of social work. We need to get that balance right, and that will be at the heart of our social work reforms.

Oral Answers to Questions

Emma Lewell-Buck Excerpts

Monday 30th November 2015 Commons Chamber

[Mr Gibb]

We do not collect data on that, but it is an issue for the headteacher and governing body of a school. By law, they have to act reasonably and as a public body.

[Mrs Emma Lewell-Buck (South Shields) (Lab)]

The Government’s own findings show that the 26-week timescale that is applied in care proceedings is leading to rushed and unsuitable placements for children under special guardianship orders. In the light of that, will the Minister accept what the social work profession has known all along: that 26 weeks is not sufficient to plan properly for a vulnerable child’s life?

[Edward Timpson]

From memory, the hon. Lady was on the Children and Families Public Bill Committee, so she will know that when we brought in the 26-week timescale for care cases, the average length was over 55 weeks. In anyone’s view, that is well over what it should be for a decision about a child’s long-term future. We have managed to bring the average down to close to 26 weeks. In relation to special guardianship orders, we need to ensure that the assessment of the potential carers for those children is as robust as it is in respect of any other decision about a child’s long-term permanence. There is a concern that, in too many cases, that is not happening.

Education and Adoption Bill (Sixth sitting)

Emma Lewell-Buck Excerpts

Tuesday 7th July 2015 Public Bill Committees

[Mrs Emma Lewell-Buck (South Shields) (Lab)]

It is a pleasure to serve under your chairmanship once again, Sir Alan. I will speak briefly in support of amendment 19.

During debates so far on the Bill we have heard a lot about accountability, which is why I am so surprised that, when it comes to the powers that the Bill gives the Secretary of State, there is so little by way of accountability. In our sitting just last Thursday we heard that the Secretary of State will not have to justify her reasons for intervening to regionalise adoption services; now, in clause 2, we see that she will not have to answer for her decision to intervene in a school, either.

I find it a strange trend, at a time when there is such a lively public debate about devolution and giving control of public services to communities, that when it comes to schools the Secretary of State seems to be accumulating ever more power. Clause 2 will mean that interventions can be signed off from Whitehall with no public scrutiny and no way for the decision to be effectively challenged. Taking away governors’ right of appeal makes the Executive completely unaccountable. Parents and governors need to be able to have confidence in the decisions that are being made about their school and they will not be reassured when those decisions are handed down from Whitehall while they have no ability to challenge them.

We all agree that turning underperforming schools around is important, but precisely for that reason, there needs to be proper accountability in the decision-making process. Parents will want to know that the decision has been made carefully and not on some whim of the Secretary of State’s. That is why amendment 19 will require a statutory instrument to be laid before the House before an intervention can be made. As my hon. Friend the Member for Cardiff West noted, it is not just Opposition Members who have opposed giving the Secretary of State unbridled power. I repeat that, back in 2011, this Schools Minister said,

“we do not believe that the power of the Secretary of State should be unfettered”.––[Official Report, Education Public Bill Committee, 31 March 2011; c. 835.]

Somewhere along the way it seems that he and the Government have changed their mind. If the Minister is not willing to accept amendment 19, will he please tell the Committee why he no longer believes that the Secretary of State needs to be accountable and why these decisions should be taken without proper scrutiny?

[Louise Haigh]

It is a great pleasure, Sir Alan, to serve under your chairmanship on my first Public Bill Committee. I support amendment 19 and I shall further examine the impact on subsection (2)(h). First, I ask the Minister for a clarification. Paragraph 19 of the explanatory notes state:

“The governing body’s entitlement to make representations against the warning notice to the local authority, and the local authority’s obligation to consider those representations, is removed by clause 2(2)(h)”.

However, the actual effect of this subsection, which removes subsections (7) to (9) of section 16 of the Education and Inspections Act 2006, seems to be to remove the entitlement of the governing body to make representations against the warning notice to Ofsted, which may then uphold the warning notice or not. Perhaps this is just another symptom of the unnecessary haste with which the Bill was drafted and put before us, but it would be helpful if the Minister clarified his understanding of this provision and, if necessary, issued corrected explanatory notes.

I want to talk briefly about the real impact that the already highly stringent accountability regime is having on hard-working, dedicated teachers across the country and why I want some right of appeal to be maintained. On Friday night, I hosted a meeting with local teachers to hear about their experiences in the profession. I am sure the Minister will want to advise me on better ways to spend my Friday nights, but following the Minister’s response in the evidence session last week, when he told me there had never been a better time to be a teacher, I was interested to hear from those working on the front line whether they agreed. A wide range of staff attended, from lunchtime assistants, teaching assistants and newly-qualified teachers to teachers with 20-plus years of experience and heads of primary and secondary schools. We covered a range of issues that are currently affecting the profession, from the impact of academisation and the lack of CPD to the increasing use of teaching assistants and unqualified teachers in place of fully-qualified and experienced teachers, but what came up from every single person in the room was their fear of the current inspection regime. They fear that they will be judged as failing, inadequate or, as a consequence of the Bill, coasting. That is why this amendment, securing natural justice, is so important to those teachers.

One teacher with 18 years of experience in the profession broke down in tears in the middle of the meeting, describing working 50-plus hours a week, constant box ticking and evidence taking and excessive marking and paperwork—all things that she described as having nothing to do with why she originally chose to take up this vocation. Perhaps that would be worth it if it were all genuinely necessary to guarantee the best education for all our children, but there was a very strong feeling that the accountability regime cannot always be relied on to provide an accurate measure of quality.

My concern is that the clause will only add to the pressures outlined. For a governing body not to be able to make representations to Ofsted on the basis of a notice it believes to be based on inaccurate claims simply ratchets up the pressure.

I note that one group of teachers was not at the meeting on Friday; there was no one over the age of 50. Perhaps that is a consequence of the increasing number of teachers who retire early. Dealing with “inadequate” or “coasting” schools will ultimately rely on good teachers, such as the one who broke down in front of me who is now selling her house, so that she can leave the profession—something that she never thought she would have to do and least of all wanted to do.

The measures in the clause are perhaps minor compared with the Bill’s impact as a whole, but the direction of travel is important. We should remember that the effect of legislation is not just on processes and procedures, but ultimately on the professionals who operate them and, of course, the pupils, and we all want them to succeed. I hope that the Minister will consider these points and those made by my hon. Friends, and I look forward to his response.