Children’s Wellbeing and Schools Bill

Baroness Smith of Malvern Excerpts

Monday 19th January 2026 Lords Chamber

Moved by

[Baroness Smith of Malvern]

39: Clause 8, page 13, line 7, at end insert—
“(2A) In subsection (2), after paragraph (f) insert—“(g) financial literacy.””Member’s explanatory statement
This amendment would add services relating to financial literacy to the list of services in section 2 of the Children and Social Work Act 2017 which may assist care leavers in, or in preparing for, adulthood and independent living, and about which a local authority in England must publish information.

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Certainly, the evaluation of the pathfinder sites, published in November last year, although at a very early stage, highlights the encouraging progress, but the vital involvement of health comes through loud and strong. Given that pathfinders have prioritised the involvement of health and highlighted the problems where that has not been secured, the Government need to move and make it clear that this is not voluntary but essential.

[The Minister of State, Department for Education and Department for Work and Pensions (Baroness Smith of Malvern) (Lab)]

My Lords, on Amendments 43 and 49, in the name of the noble Baroness, Lady Tyler, everybody who has contributed to the debate today, and certainly the Government, are fully committed to every care-experienced child having loving, life-long relationships with those they care about—particularly with siblings, as several noble Lords have focused on. We recognise that relationships are fundamental to identity, well-being and long-term outcomes.

Although I absolutely support their intent, neither of these amendments is necessary and would duplicate existing legislation. As stated in Committee and referenced today, there is already a legal duty on local authorities, in paragraph 15 of Schedule 2 to the Children Act 1989, to “endeavour to promote contact” between looked-after children and their relatives, friends and other connected people,

“unless it is not reasonably practicable or consistent with”

the child’s welfare.

Additionally, Amendment 49 would not serve to strengthen the duty placed on local authorities to make contact arrangements between siblings; it requires only that where contact arrangements are made, they are recorded in the care plan—a duty that already exists in paragraph 3 of Schedule 1 to the regulations. Existing statutory guidance, such as the Children’s Social Care National Framework, which sets the outcomes that local authorities should achieve for children, young people and families, already emphasises the importance of family networks. This, alongside other guidance, builds on the legislative duty to emphasise the importance of family networks and listening to children’s voices about who and what is important to them.

It is absolutely right that the care system and professionals involved in the care of looked-after children should help them to maintain relationships, including staying connected to siblings, family, carers and wider community networks. That is why the Government have been taking practical action to unlock any barriers to this and have already made clear commitments in this area. For example, as discussed last week, we are mandating the offer of family group decision-making at pre-proceedings where that is in the child’s best interests, which could of course include considerations about contact arrangements with family members.

The family-finding, befriending and mentoring programme mentioned by the noble Lord, Lord Farmer, helps children in care and care leavers to identify and connect with the important people in their lives. We are currently funding 46 programmes across 43 local authorities, with 21 local authorities delivering lifelong links. The evaluation mentioned by the noble Lord is ongoing, but the interim evaluation report, published in September 2025, shows a statistically significant increase in reported relationships after children and young people have participated in the programme.

The noble Lord asked about the funding of the programme. We are determined to continue learning from the effectiveness of programmes such as this that support children and young people in care to build and strengthen relationships. Plans for the continuation of this programme beyond this financial year are currently subject to business planning and will of course also be subject to the continued evaluation that we are committed to.

Having said that, our view, and the view of stakeholders with whom we have consulted, is that issues in promoting contact, particularly between siblings, tend to be more practical and logistical than legislative or caused by a lack in legislation. My officials have met the noble Baroness, Lady Tyler, who I know takes a very close interest in this, to discuss this important topic and have taken her very useful insights on board, which is why we will commit to identifying and sharing best practice on facilitating sibling relationships to ensure that local authorities support all children in care to have loving relationships with family members. We think that that is the right way to focus on ensuring that this is achieved in practice.

Amendment 61, tabled by the noble Baroness, Lady Tyler, aims to prevent looked-after children being placed far from home through amending the sufficiency duty on local authorities. The Government are clear that ensuring children can remain close to their home, community and connections with loved ones is crucial to improving the outcomes of care-experienced children, as several noble Lords have emphasised. That is why, to support local authorities in meeting their sufficiency duty, over £130 million is being invested in fostering hubs, kinship care and children’s homes.

Additionally, the Bill introduces legislation that will enable the Secretary of State to direct local authorities to establish regional co-operation arrangements to improve the commissioning of children’s social care placements and meet their sufficiency duty. However, the proposed amendment would not strengthen the existing sufficiency duty; in fact, we believe that it would weaken it. It would allow local authorities to provide and rely on more accommodation “near to” their area rather than “within” it, risking increased out-of-area placements and more children being placed far from home, not fewer. We also do not consider that changing the wording in the way proposed would have the effect on the effort required by local authorities that the noble Baroness wants it to have. It would not, in effect, have any meaningful impact on local authorities’ decision-making.

Amendment 62, tabled by the noble Baroness, Lady Tyler, seeks to add a requirement for a registered mental health practitioner to undertake an assessment of every child’s state of health when they become looked after, and for a registered mental health practitioner to be added as a professional who may undertake health reviews of looked-after children. As many noble Lords have identified during this debate, the significant trauma that many children who become looked after have experienced, and the lasting impact this trauma can have, means that providing effective mental health support is absolutely crucial.

Unless a child who is of sufficient age and understanding to consent, refuses to do so, all children must have an assessment of their health when they become looked after. Existing regulations require that this must be completed by a registered medical practitioner. It must include an assessment of emotional and mental health and it must be kept under review. The statutory guidance states that the health practitioner carrying out the assessment has a duty of clinical care to the child. This includes making the necessary referrals for investigation and treatment of conditions identified. So there is already a clear expectation for the necessary referral to be made where a child is assessed as needing investigation or treatment from a mental health practitioner. This means that it is not necessary to add the specific requirement for a registered mental health practitioner to the legislation. However, I understand the noble Baroness’s concerns. This will inform changes to statutory guidance to further strengthen implementation and ensure that children in care receive the services and support they need for their mental health and well-being. It is a strengthening of the position that we took in Committee.

Alongside that, we have also made progress since then. In December, the Health Secretary and the Minister for Children and Families announced that, in a boost for mental health support, the Government will trial a three-year pilot to make sure that children in care have access sooner to the support they need. This will build on existing work across the country, bringing together social workers and NHS health professionals to work together to provide direct mental health support to children and families when they need it most.

In relation to points made by the noble Lords, Lord Hampton and Lord Russell, the DfE is committed to understanding and addressing the shockingly high number of early deaths among care-experienced young people. As the department progresses this work, we will carefully consider how to improve the support that care leavers receive across a range of aspects of their lives, including their mental and physical health. We know, however, that there will be more to do to ensure that this focus on mental health is implemented as consistently and effectively as possible. We would welcome a meeting with the All-Party Parliamentary Group for Children, which I know has made this a priority, to discuss this important matter and what more we can do. I thank the noble Baroness for raising this important point and for pushing it in the way that she has.

I turn to Amendment 71, tabled by the noble Lord, Lord Storey. This amendment is on registration and local authority oversight of accommodation for looked-after children and education provided in alternative settings. This Government are absolutely clear that placing children in illegal, unregistered homes is unacceptable. Looked-after children should only ever be placed in accommodation that is run by a registered provider. For children’s homes and supported accommodation, providers must be registered with Ofsted, the single national regulator that is able to ensure that safeguarding and quality standards are being met. Creating a second registration system run by local authorities, as proposed in this amendment, risks creating confusion and duplication. For this reason, we do not believe that this amendment is the right approach to reduce the use of unregistered accommodation placements.

In his remarks, the noble Lord, Lord Storey, focused on non-school, unregistered alternative provision. I welcome the noble Lord’s support for the proposals that we announced last year to strengthen protections for children in these settings, including for those in care. As I set out in the letter to which the noble Lord referred, these reforms comprise creating a new local regulatory framework and national standards. They are substantial and require careful engagement with the sector. Introducing these measures now, in the Bill, would bypass full parliamentary scrutiny. But we recognise the significance of what the noble Lord was saying and, instead, they will form part of our wider SEND and alternative provision reforms in the forthcoming schools White Paper, ensuring that they deliver for children.

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[Baroness Barran (Con)]

My Lords, I am pleased to support Amendments 46 and 47 tabled by the noble Lord, Lord Storey. In Committee and again this evening, we covered in detail the distress caused to parents and children by the very late timing of the announcement in relation to the support fund and by the cut in the size of the grant. In particular, Amendment 46 gives the Government an opportunity to review how best to use this funding ahead of the grant period in March 2027. I am not aware of any compelling evidence that supports the earlier decision to cut the grant size and to reduce the funding for specialist assessments, but if that exists perhaps the Minister can share it today. Of course, we on these Benches are open to improving the way funds are distributed, but we are genuinely concerned by the lack of visibility on what will happen next year. I hope very much that the Government will address this tonight.

I have also retabled my Amendment 100, which would give foster carers clear delegated authority for the children in their care on practical day-to-day matters. Foster carers have been clear that they would value this and, crucially, it is one of the reasons why we see too many leaving the profession. I hope the Minister can be more encouraging today than she was in Committee on this important point.

[Baroness Smith of Malvern (Lab)]

As I reply to this group of amendments, I assure noble Lords that I will try not to drench anybody during the course of my response—although I have now decided to set myself an ambition of juggling three bottles of water by the time we get to the end of Report.

Important issues are covered in this group. Amendments 46 and 47 tabled by the noble Lord, Lord Storey, concern funding for the adoption and special guardianship support fund and provide a further opportunity to debate these important issues. Around 3,000 children are adopted each year and more than 3,800 enter special guardianship. I salute all those who welcome these vulnerable, often traumatised children into their homes and hope that the centenary celebrations noble Lords have alluded to, taking place here this evening, enable a celebration of that contribution and, rightly, as we have heard in this debate, a challenge about how we can do our best to support those who undertake adoption and special guardianship in future.

Almost 57,000 children have received adoption and special guardianship support since 2015, and many of them more than once. Since April 2025, we have approved applications for nearly 16,000 children. However, it is important to remember that this is not the only source of funding. The Families First Partnership programme will total £2.4 billion over the next three years. That funding is available to both adoptive and kinship families and to the services that support them. We have already confirmed that adoption and special guardianship funding will be continued for 2026-27. Further details will be shared in due course through the usual funding announcements.

As several noble Lords, including my noble friend Lord Watson, have made clear, we need to think longer term about the future of adoption support, as we promised to Parliament in September that we would—and perhaps even more so as we celebrate the centenary of adoption. We will shortly set out plans to engage widely on this with the aim of understanding how best to support children and young people to thrive in their new families and get the support they need in the most effective way.

I turn to Amendment 100, tabled in the name of the noble Baroness, Lady Barran, and thank her for raising this important issue again. I would have to look back at the record, but I have a considerable amount of sympathy on this, which I hope I shared in Committee. Foster carers offer crucial support to some of the most vulnerable children in our society. They provide love, stability and compassion to children and young people when they need it most. They therefore need to have the ability and the responsibility to make the decisions that they think are suitable for children.

The Government are prioritising fostering. Through the fostering recruitment and retention programme, we have been supporting over 60% of local authorities across England in 10 regional clusters to recruit and support foster carers. We know that we need to build on this to further accelerate foster-care recruitment and retention and we will soon publish a comprehensive set of measures to achieve this with regional care co-operatives and fostering hubs at the heart of these plans.

In relation to the issue specifically covered by this amendment, which seeks to ensure that foster carers have, by default, delegated authority on day-to-day issues, except where an alternative decision-maker is listed on the child’s placement plan, our guidance already sets out that foster carers should be able to make day-to-day decisions about the children in their care. I accept that too often we hear that this does not happen in practice, meaning that children in care miss out on normal childhood experiences and feel as if they are treated differently from their peers. I agree with the spirit of this amendment, but it is not necessary to include this in this Bill. Local authorities should already delegate all day-to-day decisions, and we have clear guidance that sets this out. We will nevertheless be taking further action on this issue as the noble Baroness pushes us to do.

Our upcoming fostering publications will set out our plans for ensuring that foster carers can feel confident in making day-to-day decisions for the children in their care. Our publications will also set out plans to reform the fostering national minimum standards. These will also reflect our position on day-to-day decision-making and how fostering services can support carers to make these decisions. Any changes to the national minimum standards, including those concerning decision-making for foster carers, would benefit from a period of consultation with relevant stakeholders. I accept the noble Baroness’s point that it is important that we make progress in this area.

Given that commitment and our plans on the longer-term provision of adoption support, I hope that I have addressed the concerns of noble Lords and that the noble Lord, Lord Storey, feels able to withdraw his amendment.

[Lord Storey (LD)]

My Lords, I am grateful that the Minister agrees with the spirit of this amendment. She highlights that some parents have made up the difference and found the money themselves to carry on with this. I find it perverse that, for children with all sorts of problems who need therapeutic counselling, it is suddenly going to stop because the money is not there. Some parents have made up the difference, but those who cannot afford it are not able to do so. Those who come from a poor background and do not have the money are probably the ones who most need it. Those who have got the money can dip their hand in their pocket and pay the difference. That cannot be right in 21st-century UK. For those reasons, I wish to test the opinion of the House.

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Moved by

[Baroness Smith of Malvern]

50: Before Clause 10, insert the following new Clause—
“Children in temporary accommodation(1) After section 213A of the Housing Act 1996 (homelessness: co-operation in certain cases involving children) insert—“213AA Duty of local housing authority in England to notify in certain cases involving children(1) This section applies where a local housing authority in England secures that accommodation is available for occupation by a child, in response to an application for assistance under this Part, unless securing that such accommodation is available means the authority ceases to be subject to the duty under section 193.(2) Except as provided in subsection (3), the authority must ask the parent of the child—(a) to agree to the authority notifying each relevant body applicable to the child that accommodation has been secured for the child as mentioned in subsection (1), and(b) if that agreement is given, to provide the authority with information about those bodies to enable the authority to identify each relevant body applicable to the child.(3) If the child— (a) is 16 or 17 years old,(b) is living independently from their parents, and(c) is the applicant for assistance within the meaning of section 183(2),the authority must ask the child as provided in subsection (2)(a) and (b).(4) If the parent or child (as the case may be) agrees to the authority making the notification mentioned in subsection (2)(a), the authority must take reasonable steps to notify each relevant body applicable to the child within 14 days beginning with the latest of—(a) the day on which the authority receives agreement,(b) the day on which the information about the relevant body is provided to the authority, and(c) the day on which the child is placed in accommodation.(5) The duties in subsections (2) and (4) only arise once in relation to each application for assistance under this Part.(6) In this section “relevant body” means—(a) the general medical practice in England with which the child is registered;(b) the body in the child’s local authority area in England through which health visiting services are available to the child;(c) the appropriate authority of a relevant educational institution in England at which the child is a registered pupil or student.(7) The Secretary of State may make provision by regulations for the purposes of this section—(a) specifying any other description of body as a “relevant body”;(b) specifying any other institution as a relevant educational institution;(c) specifying the appropriate authority to be notified under this section in relation to an institution specified under paragraph (b).(8) In this section—“appropriate authority” means—(a) in relation to an Academy, a non-maintained special school, a special post-16 institution, an independent school or a provider of post-16 education or training, the proprietor;(b) in relation to a school maintained by a local authority or an institution within the further education sector, the governing body;“child” means a person under the age of 18;“parent” in relation to a child, includes any person—(a) who is not a parent of the child but who has parental responsibility for the child, or(b) who has care of the child, disregarding any absence of the child at a hospital or boarding school or any other temporary absence;“parental responsibility” has the meaning given by section 3 of the Children Act 1989;“proprietor” means the person or body of persons responsible for the management of the school or institution;“relevant educational institution” means—(a) an Academy (as defined by section 579(1) of the Education Act 1996) other than a secure 16-19 Academy (within the meaning of section 1B(7) of the Academies Act 2010);(b) a school maintained by a local authority (within the meaning of section 142(1) of the School Standards and Framework Act 1998); (c) a non-maintained special school (within the meaning of section 337A of the Education Act 1996);(d) an independent school (within the meaning of section 463 of the Education Act 1996);(e) an institution within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992);(f) a special post-16 institution (within the meaning of section 83 of the Children and Families Act 2014);(g) a provider of post-16 education or training that provides the kind of education or training mentioned in section 123(1)(d) or (g) of the Education and Inspections Act 2006;(h) a provider of post-16 education or training that provides education or training, other than in institutions within the further education sector, which is suitable to the requirements of persons aged 16 or over but under 19 and funded wholly or partly by the Secretary of State.”(2) The amendment made by this section does not apply in relation to a child for whom a local housing authority in England has secured accommodation in response to an application for assistance under Part 7 of the Housing Act 1996 which was made before the date on which this section comes into force.”Member’s explanatory statement
This amendment would insert a new section into the Housing Act 1996, imposing a duty on local housing authorities in England to notify health and educational bodies when a child is placed in temporary accommodation where the parent (or the child in some cases) agrees to that notification being made.

[Baroness Smith of Malvern (Lab)]

My Lords, government Amendment 50 regards notifications where children are placed in temporary accommodation. All noble Lords who spoke to this in Committee saw this as a clearly sensible change to make sure such children can receive the right support when they need it. I am pleased to tell noble Lords that, following extensive cross-government work, the Government have tabled an amendment to introduce a new duty on local housing authorities to notify educational institutions, GP practices and health visiting services when a child is placed in temporary accommodation, if consent is provided.

This underscores this Government’s commitment to break down barriers to opportunity and support all children to have the best life chances. I particularly thank the noble Lord, Lord Russell, and my honourable and very good friend Dame Siobhain McDonagh for raising what the House in Committee agreed is a very important issue and for engaging the Government constructively on it. This government amendment builds on the previous amendments, achieving their intent. Children in temporary accommodation are particularly vulnerable and may need additional support. This notification will alert health and education providers, enabling them to respond appropriately in accordance with existing duties and responsibilities and help to mitigate the harmful impacts of living in temporary accommodation.

For example, schools and colleges may wish to consider interventions such as providing pastoral support or practical assistance such as breakfast clubs, after-school activities and homework support. Health services may consider making proactive contact with families in temporary accommodation to ensure they do not experience gaps in healthcare provision. Guidance will follow for local authority housing officers and the public bodies receiving the notifications to ensure that we effectively implement this very important measure. Therefore, I beg to move this amendment.

[Lord Young of Cookham (Con)]

My Lords, this is an improved version of Amendment 165, tabled in Committee by the noble Lord, Lord Russell, and supported by the noble Lord, Lord Hampton, the noble Baroness, Lady Bennett, and me. We are all very grateful for this very positive response. Some 41,000 households in temporary accommodation have been placed out of area and 26,640 of them are households with children, so a large number of children will benefit from this.

I have three quick questions for the Minister. First, when she wound up the debate in Committee, she said some technical issues needed to be resolved. I think she said there were some operational issues to see how it can work. I assume those have been resolved. I hope there can be some IT solutions that mean we do not have to do this manually and it will be done automatically. Secondly, under proposed new subsections (6)(a) and (6)(b), the bodies that have to be notified that there is a child in their area in temporary accommodation out of area are medical practices and schools in England. Those living in Shropshire, for example, may be placed out of area in Wales—is there any duty to notify the Welsh authorities that they have children in temporary accommodation living in their area? Thirdly and finally, when will this very helpful amendment come into operation? What is the commencement date? Having said that, I warmly welcome this initiative.

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[Baroness Barran (Con)]

My Lords, we on these Benches warmly welcome the amendment and thank the Government for tabling it.

[Baroness Smith of Malvern (Lab)]

I thank noble Lords for their thanks and contributions. Tabling and discussing this amendment has been an important first step. We are clear that, if it is agreed, as it appears it will be—this goes to the point that the noble Lord, Lord Young, raised about some of the technical areas where we need to ensure that this works effectively—we will continue to work across departments so that it has the impact that the Government desire: to strengthen information sharing so that educational institutions and health providers are aware where children living in temporary accommodation may require additional or different support.

As I said, alongside the legislation we will provide guidance for local authority housing officers and relevant education and health bodies to ensure that the duty is well understood by all relevant bodies. Where possible, we will update existing guidance to minimise burdens and support accessibility.

In response to the noble Baroness, Lady Bennett, it is worth saying that this is one part of the action that the Government are taking with respect to temporary accommodation. Through our homelessness strategy, published in December, we have set out a range of measures to support families with children in temporary accommodation, including protecting record levels of investment in tackling homelessness and rough sleeping, and eliminating the use of bed and breakfast accommodation for families, other than very short-term use in emergencies, by the end of this Parliament. We have set an ambition to cut school days lost for children in temporary accommodation, with a stronger role for pastoral teams to work closely with families in that situation, including preventing unlawful removal from a school’s roll. We have made a clear pledge to prevent deaths caused by gaps in healthcare. To achieve that, there will be proactive health outreach to families in temporary accommodation, and a clinical code to improve data and prevent incidents. We will end the practice of discharging newborns into bed and breakfast, or other unsuitable housing, and work with the NHS on safe and robust pathways.

In response to another question asked by the noble Lord, Lord Young, there is no duty within this amendment to notify the Welsh, but we will look at how we can do that in regulations in the future, if needed. I wholly take his point, given that I come from that part of the country myself, about areas that are close to the border, where moves may be happening across the border.

I will write to noble Lords with an update on the timetable for the implementation of this very important step. I thank noble Lords for the welcome they have given it this evening.

Amendment 50 agreed.

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[Lord Hampton (CB)]

I have added my name to Amendment 53. It is vital that children who are deprived of liberty can access quality education. Otherwise, we really are depriving them of hope and a future. I too quote the Children’s Commissioner:

“For the very small number of children where controls on their freedom are necessary in order to keep them or others safe, we must make sure they have not only excellent, individualised care, but also full protection under the law … we have a moral obligation to ensure that children at risk of harm are not simply contained and kept out of the community, but are seen, heard, and given the care and support they need to thrive”.


She continues later:

“Where a deprivation of liberty is authorised, the conditions should include a plan for meeting the child’s specific needs through intensive intervention and work aimed at helping them to be safe in the long-term. This plan should be co-produced by health and social care if appropriate, and could include mental health support, mood and behaviour management, work on addressing risks of exploitation, educational support, and any other specialist therapeutic intervention that is required”.


Once again, adding one word to the Bill could change many futures.

[Baroness Smith of Malvern (Lab)]

My Lords, I thank the right reverend Prelate the Bishop of Manchester and the noble Baroness, Lady Barran, for raising important points regarding Clause 11, which, as noble Lords have identified, relates to some of the most vulnerable children in the country. I know that noble Lords rightly feel particularly strongly about this measure. I thank the noble Baroness for her engagement with my officials ahead of this debate, as well as the noble Lord, Lord Storey, and the noble Baroness, Lady Tyler of Enfield.

It is important to remember that Clause 11 will already make an important change from some of the situations identified by noble Lords. The noble Lord, Lord Meston, correctly and graphically identified some of the challenges with the current operation of the system, which is why this measure seeks to bring more children who would otherwise be deprived of their liberty under the inherent jurisdiction of the High Court within a statutory scheme where they will benefit from enhanced safeguards and protections, which many of the amendments in this group are seeking.

Turning to these amendments, I reiterate that this measure is intended not to encourage the practice of depriving children of their liberty but to ensure that there are appropriate rights and safeguards in place to prevent children being deprived of liberty inappropriately or for longer than is absolutely necessary. We are committed to reducing the number of children in complex situations as part of reforms to rebalance the system away from crisis intervention towards earlier help and to prevent children’s needs escalating to the point where they need to be deprived of their liberty, and to ensuring that when they are, it can happen in more appropriate accommodation than has been the case up to this point.

We are grateful to the Delegated Powers and Regulatory Reform Committee for its scrutiny and have, in government Amendment 57, accepted its recommendation that regulations developed using the powers under Section 25 of the Children Act 1989 be subject to the affirmative procedure, ensuring parliamentary scrutiny and approval in both Houses.

Amendment 56 tabled by the noble Baroness, Lady Barran, is about joint funding arrangements between partners for children deprived of their liberty under this measure. The Government wholly agree that care for these children must be jointly funded and delivered through an integrated, whole-system approach, which should include social care, health, education and youth justice. However, we do not wish to restrict pooled funding arrangements in the way this amendment does, tying it to the existence of the Section 25 order. We think pooled funding arrangements would be beneficial to a wider cohort of looked-after children, including those whose order has recently come to an end or who are at risk of needing to be deprived of their liberty. This requires testing first to ensure that the right cohort of children and relevant partners are included.

That is why the Department for Education, with NHS England and the Department of Health and Social Care, is leading a national programme to tackle underlying systemic failures and to support local areas to work together more effectively. We are building cross-system integration, starting with the peer collaborative convened by the Nuffield Family Justice Observatory—rightly praised by several noble Lords this evening—which identified key elements for transforming care for children with complex trauma, supporting professionals to stand together so that risk is better tolerated and supported.

West Sussex, part of the South East Regional Care Cooperative, is working closely with the ICB to test how a cross-system team can drive integrated support, build an understanding of need and identify gaps in the current pathways across health, social care and justice for this cohort of children. We are not waiting; we are making quick progress in a way that is most likely to be appropriate and solve the problems. Next year we will expand to pilots, where we will evaluate methods of pooled funding, developing best practices that can be adopted and adapted by other local areas. We know that pooled funding works—such as through the better care fund for adults—but legislating now would be premature. We must first test and refine the most effective approach to ensure that the eventual framework enables the right level of cross-system integration and innovation.

Amendment 55 on recovery plans, tabled by the right reverend Prelate the Bishop of Manchester, aims to ensure that there are plans to remove restrictions from a child. The Government agree that no child should be deprived of their liberty any longer than absolutely necessary, which is why there are already several existing duties on local authorities in this regard, including the duty to safeguard and promote the welfare of any child looked after by them, and that placement decisions are informed by a care plan based on an understanding of the child’s needs and best interests.

Rather than legislate further in this space, diverting local authorities’ attention toward navigating an increasingly complex statutory framework instead of focusing on the child’s needs, we want to strengthen the way in which existing legislation is applied, re-emphasising the need for a care plan that is co-designed between all the professionals involved in a child’s care and treatment.

As part of the court application, it is the practice of local authorities to submit the child’s full care plan. The court should be provided with both the restrictions they plan to impose and the action and progress required to end restrictions as quickly as possible. The plan should be formulated with input from all those professionals involved in the child’s care and will be scrutinised by the court and used to assess progress. If the court is not satisfied about the level of detail included in the plan to allow it to monitor progress and de-escalation, the court should require further input from the relevant professionals.

Similarly, regarding Amendment 60 tabled by the noble Baroness, Lady Barran, relating to the abilities of independent reviewing officers to escalate concerns on the implementation of a child’s plan to Cafcass, IROs already have the statutory power to perform this function. They are responsible for monitoring the performance of local authorities in relation to a child’s care plan and must consider escalating cases to Cafcass whenever appropriate. This includes issues related to deprivation of liberty. It is therefore not necessary to legislate to expand the legal duties of IROs.

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Moved by

[Baroness Smith of Malvern]

57: Clause 11, page 17, line 25, at end insert—
“(9A) In section 104 of the Children Act 1989 (regulations and orders)—(a) in subsection (3A), after “(3B)” insert “, (3BZA)”;(b) after subsection (3B) insert—“(3BZA) Regulations fall within this subsection if they are regulations made in the exercise of the power conferred by section 25(2) or (7).””Member’s explanatory statement
This amendment ensures that regulations made under section 25(2) or (7) of the Children Act 1989 (use of accommodation for restricting liberty) as amended by clause 11, will be subject to the affirmative procedure.