Safeguarding Children

Ian Mearns Excerpts

Wednesday 13th June 2012 Commons Chamber

[Stephen Twigg]

I know that my hon. Friend raised those matters directly with the Minister when he gave evidence to the Select Committee yesterday. I wish to put on record our appreciation of the detailed work that she and other members of the Select Committee have done on this important subject. I am sure that all Members look forward to that report, including its recommendations.

Services such as ChildLine have done an immense job in identifying the problems facing children and young people, but the increasing work load for its staff—similar to the increasing work load for social workers and council staff—and the fact that the processes for dealing with referrals are often bureaucratic, is something that the Government should address.

On early intervention, Labour supports the Munro recommendation that a statutory duty should be introduced on local authorities and relevant agencies to secure the provision of early help. Early intervention is vital in the prevention and detection of abuse. These services need to be expanded, but are under a great deal of pressure, not least from spending cuts. I wish to put on the record my thanks to my right hon. Friend the Member for Birkenhead (Mr Field) and my hon. Friend the Member for Nottingham North (Mr Allen) for the excellent work they have done on this very important area of early intervention. They have outlined the importance of early work in identifying challenges and managing to tackle them at an appropriate stage.

[Ian Mearns (Gateshead) (Lab)]

On that point about early intervention, the Government have marked out a route whereby they want to see special treatment for 120,000 families who meet five of their seven criteria, but the fact that they meet five of those negative criteria almost automatically suggests to me that they are past the point of early intervention.

[Stephen Twigg]

My hon. Friend makes a very good point. He is taking us into an important territory that merits consideration in a further debate in the House, because those are big challenges we face.

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[Stephen Twigg]

My hon. Friend tempts me, as a long-standing supporter of votes at 16, down a different road. I am sure that it was not a consideration in his making the intervention, but it is a debate for another time and place.

We also need to safeguard the safeguarding system. Studies have shown that the vast majority of care proceedings are appropriate and taken in the best interests of the child, but we need to ensure that there is a suitable mechanism for the occasions when that does not happen. Yesterday the Minister said that he was considering a form of “appeals process” to enable that, and I am sure that the House would be grateful if he could elaborate on his thinking.

I said at the beginning of this speech that child protection and safeguarding covers a range of issues and Departments, and, in addition to my warnings about unintended consequences and the well-being of children, I am concerned by the Government’s somewhat incoherent approach: on the one hand, Ministers like to lambast local authorities, yet on the other they are removing regulation and placing more power in the hands of local authority social work staff; on the one hand, Ministers say they want to reduce bureaucracy and red tape, but on the other they are introducing adoption scorecards for every local authority; and, on the one hand, Ministers say that early intervention is important, yet on the other they have not taken forward Professor Munro’s recommended statutory duty to do “early work” on child protection.

The British Association of Social Workers has raised a series of concerns about the state of the profession, particularly case load and the pressures on administration. In a survey that we conducted, more than 80% of the directors of children’s services who responded said that cuts to other services would affect their ability to safeguard children, and in a survey by the BASW 90% of social workers expressed concern that lives “could be at risk” as a consequence of cuts to services. The Government need to explain how they will address those challenges.

[Ian Mearns]

At a previous session of the Education Committee, when the Secretary of State was in attendance, I asked him whether he thought that it was a good idea for his Department—he being the Secretary of State for Education and children—to undertake an impact assessment of the Government’s proposed benefit changes on the welfare of children and their educational prospects. He subsequently said that he did not think that it was his responsibility, and he was doubtful about the veracity of such assessments anyway. Is that a surprise to my hon. Friend?

[Stephen Twigg]

It is not, and in my concluding remarks I shall say something about the Department for Education’s broader responsibilities for the well-being of children.

The Government have to explain how they will address the challenges that I have set, and there needs to be a robust training and continuing professional development framework not only for social workers, but for other staff in the relevant agencies, especially those in the health sector. It is crucial that we have robust supervision of social work practice by experienced senior staff and consultants who are accountable for the exercise of professional judgment. We know that the lack of good supervision was a significant issue in the baby Peter case.

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[Tim Loughton]

I am sorry that we seem to be descending into the village frippery of the last debate. This debate was announced yesterday. My right hon. Friend the Secretary of State had to shift various engagements to attend the House earlier and is not able to attend this debate. He trusts me and my ministerial colleagues to speak about this issue from the Dispatch Box. He follows these issues very closely. The fact that he has put the resources of the Department into ensuring that we have safeguarding improvements that are working is the test of the commitment of this Government, this Secretary of State and this ministerial team to the subject in hand.

Let us get back to the important business of saying what we have done and responding to the points that have been made. I welcome this opportunity to debate safeguarding children. It is appropriate that we should have this debate now because, as the hon. Member for Liverpool, West Derby mentioned, only yesterday we launched a consultation on revised statutory guidance, as part of our wider proposals to reform radically the child protection system in England. It is radical reform, and it is also about changing mindsets.

Before I remind hon. Members of the action that the Government have taken to keep vulnerable children safe, I want to pay tribute, as I am sure we all do, to the many thousands of professionals, social workers and others around the country who work hard to do just that, for which they receive little recognition and praise in the media or among our constituents. I often refer to social workers as the fourth emergency service. That is not an overestimation. Our reforms are designed to help those professionals to get on with their jobs better and to keep vulnerable children safer.

Although it is essential to tackle poor practice, I believe that we can and should do a great deal more to celebrate successes and to support those on the front line when they use their professional judgment to take tough decisions. I have met many hundreds of social workers over the past few years and spent a whole week in Stockport as a social worker a little while ago. They have to exercise the judgment of Solomon, often on a daily basis. It is not an exact science. They have to make difficult judgment calls, and we expect them to do so as part of their daily job.

As many hon. Members will know, the widely welcomed review completed by Eileen Munro last year laid the groundwork for a new approach to child protection. As I have said, it was the first review that we established. We are rapidly turning its recommendations into practice. Professor Munro found that the system had become overwhelmed by prescriptive bureaucracy and box-ticking, and that social workers were spending too much time on form-filling and not enough with families and vulnerable children. Endless procedures had been imposed on professionals to minimise risk, even though it is fanciful to believe that we can wish danger and insecurity away simply by ticking the right boxes. As a result, the professionalism and judgment of frontline staff had been undermined. The most important thing—the central focus on the needs of children—had been largely lost.

The answer that Professor Munro proposed was simple: we need to get back to basics of best practice. We need to allow social workers to spend more time with children and families, getting to know and understand them and responding to their particular circumstances and needs. As she put it, we need to focus

“not only on whether we are doing things right but whether we are doing the right thing.”

We accepted Eileen Munro’s findings and have been acting on them. We are beginning to see the fruits of the change of emphasis. We are seeing greater flexibility, with eight local authorities, including Knowsley and Islington, testing new approaches to the assessment of children’s needs over the past year. We have given them the freedom, through a special dispensation, to set their own local frameworks and to replace rigid time scales with professional judgments based on the needs of each child.

The feedback from the trials has been encouraging. Social workers are telling us that greater flexibility leads to more quality time with children and families, and better assessments, particularly for families with the most complex needs. Many also feel an enhanced sense of ownership over their work. We are, I hope, restoring confidence to the social work profession, which had taken such a knock.

Local authorities are telling us that with greater freedom comes greater responsibility. They have been reporting back to us about the need to monitor cases robustly to prevent drift. We are seeing a greater practical emphasis on multi-agency working and a drive towards transparency, which is essential in improving services and strengthening public confidence in the work that they do. We are seeing a stronger focus on supervision, with social workers having more time with their managers to discuss complex cases.

I am also encouraged to see an emerging greater emphasis on learning, another key point that was mentioned by the hon. Member for Liverpool, West Derby. Increasingly, the sector is taking the lead in sharing lessons from good practice and from when things go wrong. We can learn from mistakes only if we understand how and why they happened, hence our policy on publishing serious case reviews, which I am delighted to hear the Opposition have now come around to. We are also considering how we can improve serious case reviews to make them more effective tools for learning lessons that are widely shared and that lead to action and sustainable improvements. That could not happen while only very limited executive summaries were in the public domain.

Yesterday, as the hon. Gentleman mentioned, we announced a further important step in our overhaul of the child protection system in England. It is a measure at the heart of the Munro recommendations: the revised “working together” strategy. That new statutory guidance for safeguarding children will help create a new culture of trust among health professionals, teachers, early years professionals, youth workers, police and social workers.

We have published three draft documents for consultation—and it will indeed be a consultation. Some of the points made by the Royal College of Paediatrics and Child Health, as well as others that the hon. Gentleman raised, absolutely need to be fed into that consultation. That was why we did not just plough ahead, much though Eileen Munro was urging us to do so. We want to get things right, just as she got her recommendations right. We want to ensure that we put them into practice in the right way so that they work properly.

Our three draft documents will replace more 700 pages of detailed instructions with 68 pages of short, precise guidance and checklists. They will be punchy but clear and give professionals space in which to exercise their professional judgment. The revised guidance proposes giving local areas more freedom to organise their services in a way that suits local needs. It will allow more face-to-face time with children and families, which is crucial, and provide a clear framework within which professionals must operate.

The first document, “Working Together to Safeguard Children”, clearly states the law so that all organisations know what they and others must do to protect children. It does not tell GPs and other health professionals, teachers, police and social workers exactly how to do their job, but it provides a checklist setting out their duties and what is expected of them. It also sets out how the role and impact of local safeguarding children boards can be strengthened. As the hon. Gentleman said, they are crucial to the reforms, and they play an absolutely vital role in holding local agencies to account and getting all the key players around the same table and talking the same language.

The second document is new guidance on undertaking assessments of children in need. Informed by evidence from the eight trial local authorities, it proposes replacing nationally prescribed timetables with a more flexible approach. That approach will be focused, as it should be, on the needs of each child. It will absolutely do what the motion asks for—it will put the child’s needs, rather than compliance with inflexible time scales and recording processes, at the centre of assessment.

The third document is new guidance on learning and improvement, to help all services learn the lessons from serious case reviews. It comes from our strong belief that serious case reviews need to be much more strongly focused on learning, rather than process, and that the reports must be published so that lessons can be shared nationally and locally. In those reviews, we need to get to the heart of what went wrong and what action at what point by which individual led to a decision being made that might have contributed to a tragedy.

The approach behind those three new documents has rightly been welcomed. Professor Munro has said:

“We are finally moving away from the defensive rule-bound culture that has been so problematic. I believe an urgent culture change in our child protection system is now underway.”

Anne Marie Carrie, the chief executive of Barnardo’s, has said:

“We support changing the emphasis within the system to enable professionals to take responsibility for safeguarding the welfare of the most vulnerable children.”

[Ian Mearns]

At the same time as doing the work that he is undertaking to do, has the Minister given any additional thought to updating the legal definition of neglect? I believe that next year is the 80th anniversary of that definition as it is currently enshrined in law.

[Tim Loughton]

We had this conversation yesterday in the Select Committee on Education, of course, and I said that in response to the Action for Children report we had examined closely whether there needed to be an update to the law, which goes back to the 1933 definition. We were strongly advised that we did not need to change the law, which the courts and children’s services are interpreting in a contemporary way. As I was speaking yesterday, we were putting on the website a neglect toolkit, designed with Action for Children and the university of Stirling. It includes some practical tools for detecting, intervening and dealing with cases of neglect. That is a much more practical way to achieve real results now.

Revising statutory guidance is clearly not the only thing we need to do—far from it. The consultation forms part of a much wider programme of reforms that includes Ofsted’s new inspection framework, which began in May 2012 and has a stronger focus on the quality of practice and the effectiveness of help provided to children. It is much more children-centred. From June 2013, the planned new joint inspections will make a further important difference by looking at the contribution of all local agencies to keeping children safe. We are reforming inspection so that it makes judgments about the things that really matter, and so that it looks at how agencies work together to safeguard children more from the perspective of the qualitative outcomes for the child.

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[John Hemming (Birmingham, Yardley) (LD)]

I must congratulate the hon. Member for Rochdale (Simon Danczuk) on his very good speech, much of which needs to be listened to and understood. It is not that we do not have the right laws in place; it is that the professional judgments made by practitioners are often basically not common sense.

Let me declare a declaration of interest on account of my involvement in the Justice for Families campaign. What I tend to see are the over-interventions, where the state intervenes improperly.

Returning to the issues of Rochdale, I raised a number of years ago the situation of a children’s home in Birmingham, where the practitioners did not mind if the children were prostitutes but did mind if they made toast for each other—because there was a health and safety risk to making toast.

I have made the effort to get the statutory guidance. If the motion supported the statutory guidance, I would probably have to vote against it, because it goes no further in looking at the definition of what is a risk of significant harm. It is quite clear that certain practitioners do not believe that being a prostitute is a risk of significant harm. [Interruption.] That seems to be the case, and it is not necessarily a UK-only situation. A family currently living in Wimbledon had similar problems in New Zealand where an under-age relationship was encouraged by the practitioners in that country because they thought it was right. That was on the New Zealand media last week.

[Ian Mearns]

In the Rochdale case and others I have read about, the abuse perpetrated against young girls has been so systematic and has lasted over such a prolonged period that the girls themselves did not see themselves as victims. In that scenario, who is going to look after them? We must think deeply about the implications of that problem.

[John Hemming]

I thank the hon. Gentleman for that excellent intervention, but I shall not take any more because of the Speaker’s advice.

Let me explain one of my concerns about the Government’s complacency on this issue. We have the SSDA903 return, which tracks what happens to children as they leave care. A number of possible destinations are listed: for example, adopted; died; care taken by another local authority, and so forth. There are also those who leave care for an unknown reason. In America, this is tracked to find out who has run away. These are children who have been abducted and trafficked. Across the country, we find that 5,950 children left care for unknown and other reasons. Of those, 430 were aged one to four; 350 were aged five to nine; 630 were aged 10 to 15, and there were many more at the ages of 16, 17 and 18. I have the detailed figures for my local authority, if anyone wants to see them.

What is sad is the fact that the Minister has refused to consider trying to gain more detailed information so that we know what happens to these children. If I were losing 5,000 children here, not knowing what was happening to them—rather similar to the situation in Rochdale—I would not be feeling very happy as a corporate parent or as a parent in any form whatever. The failure is in not having proper systems of checks and balances on the judgment of practitioners who operate on a daily basis.

There are some excellent practitioners. I know of one social worker who was recently suspended because she would not change her view that a child should go back to its parents. The management tried to bully her into agreeing that the child should be adopted, but she would not do that, so she was suspended. We should be looking at what those managements are doing, and establishing whether it is valid. We know that much of the evidence is unreliable as a result of the excellent work of Professor Jane Ireland, which is the only proper independent work that has been done to assess the quality of evidence in the family courts.

I have here a letter from the Health Professions Council, which is refusing to investigate allegations about bad psychologists. Giving the reference FTP04616, the HPC says that it cannot “progress the concern” because of the current law. I think that it misunderstands the law: I think that the 2009 changes enable it to investigate allegations about rubbishy psychologists without the permission of a judge.

We have a problem with checks and balances, and with the failure of quality control in respect of evidence and the family courts. However, we also need to look at the wider issues of why children are taken into care. The failure of the statutory guidance to go beyond “risk of significant harm” implies that there is a real problem. The care system is very complex and involves very subtle judgments, but the Government come along wearing big boots and try to kick it in a particular direction.

Puerperal psychosis involves extreme baby blues or post-natal depression. When a mother has given birth and is depressed it can be dangerous for the child, who may need to be taken into care; but is that the sort of case that should be driven towards adoption, just because mum was depressed after giving birth? Such action is likely to make mum even more depressed. The Government’s policy is, “We need to speed it all up: we need rapid decisions.” The flaw in their approach is that there is none of the individual judgment on cases that is really needed. It is a very simplistic approach to what is a very complex system.

Domestic violence is another example. Angela Wileman is writing a book about what happened to her. She has been to Spain, Ireland and all over the place to avoid the UK care system, which was persecuting her in various ways. She has been in the newspapers plenty of times. She was a victim of domestic violence, on the basis of which the system wished to take one of her children from her, put that child in care and have it adopted—but only that child, because she had had the other child abroad.

Ms Toni McLeod, who lives with her family in Durham, is thinking of going to Ireland because she is pregnant. It is a difficult situation. She was a supporter of the English Defence League. I hate the EDL. Three of my children are mixed-race, and I protest against the EDL. Toni McLeod says that she is not racially prejudiced, but that children were taken from her partly because of her membership of the EDL. It was

“felt that conversations and opinions may be expressed in the children’s presence.”

That is a “thought police” approach to care. The system intervened because of what Toni McLeod might say in front of her children. She says that she has many friends who are Muslims and Sikhs, and that she disowns the EDL nowadays, but whether that is true or not, we should ask whether it is appropriate for the state to remove a child because children may be radicalised by a parent. Is that an appropriate use of the phrase “risk of significant harm”? That brings us back to the statutory guidance, which makes no effort whatsoever to give any indication of what is meant by the phrase.

One of the biggest problems in relation to the accountability of the family court and the care system is insufficient proper, academic access to the details of the proceedings. We do not know whether we are achieving something for the children or not. An excellent report by Ruth Gilbert, published in The Lancet late last year, raised major questions about whether we are getting anywhere at all with the overall system. We have some extremely serious problems, and in my view the interventions are often damaging.

I work with a number of care leavers. It is important to remember that care leavers remain care leavers even when they are in their forties and fifties. As people get older, they gain the confidence that enables them to speak out about what happened to them when they were younger, whereas many people in their late teens and early twenties do not have enough confidence to explain where the real problems lay. We need to be very careful. Lucy Allan may be going to speak to the Minister about her experience. She was a Conservative councillor. The same psychologist wrote two different reports about her, which was complete nonsense, of course. If a specialist of some kind writes two completely contradictory reports about the same person, what intellectual value does any of that information have?

Although I have a lot more to say on this subject, I only have 54 seconds left, so let me just put on the record that the Education Committee has done an excellent job in listening to people on different sides of the argument. The family justice review panel included only people who operated the system. It therefore did not properly consider the views of those who are affected by the system. The Home Affairs Committee will kick off an inquiry that I hope will be run on a far better basis. The Munro report is quite good, but we need to look more rationally at the detailed ways in which things are operated and make sure steps are taken that actually benefit the children in the long term, not just hit Government targets.