Children and Families Bill

Hugh Bayley Excerpts

Tuesday 11th June 2013 Commons Chamber

[Mr Timpson]

I beg to move, That the Bill be now read the Third time.

Let me begin by thanking all Members who served on the Public Bill Committee. The debate was constructive and—dare I say it?—mature, exceedingly thorough and all the more encouraging for being the first such Committee for many of the newly elected Members on both sides of the House. We had 19 sittings, 397 amendments were tabled, and every issue was thoughtfully scrutinised. I am sure that we all agree with the hon. Members for Washington and Sunderland West (Mrs Hodgson) and for Wigan (Lisa Nandy)—I extend to them my personal thanks for their responsible and fair-minded contributions —who told us that it was

“a hard-working, good-natured and somewhat consensual Committee. At times, we have agreed more than we have disagreed, which is for the good… the legislation we are shaping is extremely important for millions of our most vulnerable children now and in future.”––[Official Report, Children and Families Public Bill Committee, 25 April 2013; c. 815.]

I would also like to thank the Under-Secretary of State for Business, Innovation and Skills, my hon. Friend the Member for East Dunbartonshire (Jo Swinson), who has led jointly on the Bill with great aplomb in this House and before the four Select Committees that considered much of the Bill during pre-legislative scrutiny, even when the odd stray nut sought to scupper her endeavours.

The debates in Committee and today have reflected the importance of the issues the Bill seeks to address. It seeks to improve the lives of some of our most vulnerable children. Improving the life chances of every child, whatever their background, by putting their needs first in all that we do is at the heart of the Government’s agenda.

[Hugh Bayley (York Central) (Lab)]

Will the Minister give way?

[Mr Timpson]

I will take a brief intervention, but I am mindful of the time and know that other Back Benchers wish to speak.

[Hugh Bayley]

I, too, am mindful of the time, so I am grateful to the Minister for giving way—I understand why he could not do so during his speech on Report. I rise on behalf of a constituent who fosters three children. As a consequence of the Government’s decision to exempt only one bedroom from the bedroom tax for foster carers, she is required to pay £14 a week to carry on fostering. If she moved into smaller accommodation, she could foster only one of those three children, and there would be a cost of about £3,000 a week if the children went into care. Will he, together with the Minister responsible for welfare reform, look at the issue and reflect on whether they can give a further concession?

[Mr Timpson]

Of course I am happy to look at the specific case the hon. Gentleman raises in the context of the changes that have been made. As he and Opposition Front Benchers will know, I have worked hard, both before coming into government and since, to try to ensure that foster carers are given the best possible support in their endeavours, because we want to encourage more people to foster, and we know from the research we have done that many more would like to take up that opportunity. The Welfare Minister, Lord Freud, and I have written jointly to all local authorities to explain the importance of this, with regard to both the single room subsidy and making the discretionary housing fund available to foster carers where appropriate. We have committed to an independent review of that progress, and I will be keeping a keen and close eye on how that develops. I know that the Fostering Network, which has done some excellent work on the issue, will also take a lead in ensuring that we have a clear understanding of the impact of the changes.

The Bill will overhaul services for vulnerable children and support strong families. It will raise aspirations and place children and young people at the heart of decision making and support in the SEN system. It will reduce delays in the adoption system. It is part of a wider set of reforms to improve children’s services so that everyone involved in a vulnerable child’s life—teachers, social workers, health professionals and the police—has a proper sense of responsibility for the child’s prospects, not just focusing on their precise duties and whether they have followed the correct processes and ticked all the boxes, but looking at the child’s overall welfare. That means refocusing the system on the child’s needs in a child’s time frame, foremost among which must be the need to keep the child safe from harm.

We often hear that the care system fails children, that it damages and betrays them. Too often it does, but, as I know from my family and the fostering and adopting we have undertaken, it can also transform lives. As the recent research report “Safeguarding Children Across Services” pointed out, when compared with those who are reunited with their birth families, the majority of maltreated children do better in care or accommodation. Looked-after children can and do achieve in care in a stable placement. We know, for example, that there is a marked correlation between the length of time in care and the stability of placements and achieving good educational outcomes at GCSE, yet we must remain resolute in ensuring that the child’s best interests, not administrative or personnel considerations, are always at the heart of the system.

Delays in care and adoption services mean that it currently takes, on average, 21 months to place a child. Those delays damage a child’s development and reduce their chances of finding the love and stability they need with a new family. The Bill will help to sweep away such barriers through measures designed to speed up the adoption process, help recruit more potential adopters and improve the support they can receive. It will enable children to be placed earlier with their potential adopters.

Building on the family justice review, we are tackling unacceptable delays in the courts, ensuring that children’s best interests remain at the heart of decision making, and encouraging parents to resolve disputes outside the court where possible. By introducing a 26-week time limit for care and supervision proceedings, the Bill will ensure that courts focus on the essentials and that the most vulnerable children are not damaged further by unnecessary drift and delay. This is already having an impact in our courts. As the president of the family division recently wrote to everyone involved in the family courts system:

“We must get away from existing practice. All too often, and partly as a result of previous initiatives, local authorities are filing enormously voluminous materials, which—and this is not their fault—are not merely far too long; too often they are narrative and historical, rather than analytical...I want to send out a clear message: local authority materials can be much shorter...and...should be more focused on analysis.”

We also want to improve support for children remaining in local authority care, and so the Bill will make the virtual school head a statutory role in local authorities. This sends out the strongest possible signal about the priority we attach to the educational attainment of looked after children. Changes to the Office of the Children’s Commissioner will help the commissioner act as a strong advocate for children, promoting and protecting their rights. For children and young people with special educational needs, the Bill will introduce a single system from birth to age 25; new education, health and care plans which ensure that health, education and social care are planned around the needs of the child or young person; new rights and protections for 16 to 25-year-olds in further education and training; and a clear focus on outcomes, including independent living and paid employment.

The most frequent complaint I have heard from parents about SEN is that the current system is opaque and inflexible, leaving children and families to battle for access to services in a fog of bureaucracy. By requiring local authorities to publish a clear and transparent local offer, families will, in future, know what support is available in their area and how to access it.

Crucially, the duty on clinical commissioning groups to secure provision of health services as part of an EHC plan strengthens the Bill’s creation of a more integrated approach to care and support, and it has been widely and warmly welcomed by the SEN charitable sector. I want to express my gratitude to the Secretary of State for Health and his ministerial team for their willingness to help to push the boundaries towards better health integration in SEN service provision.

We are committed to reforming child care substantially to increase the availability of high-quality, affordable provision. The enabling measures in the Bill will offer greater choice and flexibility for providers and parents. We are introducing shared parental leave, giving working parents greater choice over who looks after their child in the first year and offering fathers the opportunity to be more involved in caring for their children. Together with the extension of the right to request flexible working to all employees, these measures will make the labour market more flexible, equitable and family friendly.

We all share an ambition for this Bill to make a tangible, lasting difference to the lives of children and families. Many in this House and beyond have made important points about how we ensure that the Bill really achieves that. I am grateful for that valuable expertise and measured consideration. I particularly thank the Education Committee, the Justice Committee, the Adoption Legislation Committee and the Joint Committee on Human Rights for their valuable scrutiny of the Bill. I am grateful to the Office of the Children’s Commissioner for its children’s rights impact assessment and to the children’s rights director for his superb version of the Bill for children, which is so jargon-free that it should make all of us in Westminster and Whitehall blush. I thank the many organisations that gave and submitted evidence in Committee and worked with me, my officials and hon. Members across the House to make sure that the many important issues that the Bill touches on are properly understood in terms of its content and implementation.

Throughout the development and passage of the Bill, we have listened and made changes so that the Bill we now pass to the other place is an improved one. This is a detailed Bill and it is vital that we take time to consider the points made and get the legislation and implementation right. Therefore, as I indicated earlier, we will consider some key issues over the summer and hope that progress can be made in the other place. In particular, we will look at these issues: clarifying whether, before local authorities can consider a fostering for adoption placement, they must consider placing the child with a relative or friend; introducing new safeguards through regulations to ensure that a local authority notifies the child’s birth parents when considering a fostering for adoption placement; seeing what more we can do to improve outcomes for young carers, ensuring that our approach complements the changes being introduced through the Care Bill; and identifying further improvements to the support that young offenders with SEN receive in custody.

As the Bill moves on to the other place, I am confident that it will be viewed as a Bill that all of us in this House can look back on, in whole or in part, and feel sure that we did right by giving our most vulnerable children, who all too often have the weakest voice, the chance to be heard and respected and the prospect of a better future. I commend the Bill to the House.