Children and Young Persons

Janet Daby Excerpts

Wednesday 10th June 2020 Commons Chamber

[Janet Daby (Lewisham East) (Lab)]

We have come so far with children’s rights, why are we going backwards? Those are not my words. They are the words of Charlotte, a 19-year-old care leaver. I start with those words because it is young people in care and those entering care who are directly affected by this legislation and yet it is the same young people who have been denied a say, as their rights have been ripped away. They were not consulted.

As a former social worker and fostering manager, I am deeply concerned about the impact of this legislation. Coronavirus has led to more anxiety, more stress and increased loneliness for many children. Right now, they need more support, not fewer protections. Anyone who has worked with children knows that their safety must be a top priority. Indeed, the Children Act 1989 says that the welfare of a child is paramount. The safeguards that the legislation removes or dilutes include how often a child sees their social worker, whether and when their care is independently reviewed, and if a proper care plan is put in place for them. A lack of contact with significant professionals increases the risk to children. The Department for Education reported that only one in 20 children identified as vulnerable continued to attend school during the lockdown. This means that so many children have already been living without the safety net that school would usually provide.

The National Youth Advocacy Service, which does incredible work with children in care in Lewisham East and across the country, has made more than triple the number of safeguarding referrals during the lockdown compared with last year. NYAS is worried about how many children will be placed at risk and might go unnoticed by local authorities under this new legislation. These changes may be enforced temporarily, but their impact could last a lifetime. The adoption that is waved through without an independent panel shapes an entire childhood and beyond. Adoption and fostering panels should be able to sit virtually.

The legislation leaves huge gaps in rights and protections for children in care, and this Chamber must not allow children to fall through those gaps. With that in mind, what is the Minister’s view on the comments from the Children’s Commissioner for England? We have heard her quoted so many times, and with her comments I will conclude my speech. Anne Longfield said:

“I would like to see all the regulations revoked, as I do not believe that there is sufficient justification to introduce them. This crisis must not remove protections from extremely vulnerable children, particularly as they are even more vulnerable at this time.”

--- Later in debate ---

[Vicky Ford]

Absolutely. I will address many of the points that have been raised. The safeguards for adult social care are different from those for children’s social care because the statutory framework for adult social care differs. The easements that have been made on adult social care are in primary legislation, not secondary legislation, whereas in children’s social care we have made absolutely sure that the primary legislation stays in place.

Let me continue to set the scene. Those on the frontline have faced challenges that they have never seen before. For those children with special educational needs and disabilities, and especially those with an EHC plan, which sets out the specific provisions required to meet their needs, such provision would normally happen in an education setting. However, although those settings have remained open for children with an EHC plan, not all of them have been able to attend, so it has simply been impossible for local authorities and health commissioners to deliver the full provisions of those plans. That is why we have needed to make some changes.

The regulations on children’s social care are intended to support local authorities and providers, but do not remove any fundamental protections. Let me be really clear: section 22 of the Children Act 1989 remains in place, meaning that local authorities still have a duty to safeguard and promote the welfare of any child they are looking after, and section 1 of the Adoption and Children Act 2002 remains, meaning that the child’s welfare is paramount in all decisions on adoption. We have made no changes to primary legislation and the vast majority of secondary legislation has remained unchanged.

The amendments do not reduce the responsibilities that local authorities have to protect children from significant harm and to promote their welfare, nor should they be at the expense of the rights and protection of children in care.

[Janet Daby]

Will the Minister give way?

[Vicky Ford]

I am going to make some progress and come to the specific questions raised. We did need to prepare for the risk that local services may be unable to fully respond to significant pressures caused by covid-19. Serious staff absences, coupled with an increase in demand for services, could lead to the most vulnerable children being put at risk if services struggle to cope with the requirements of legislation. Some of the changes provide for the ability to diverge from established timescales for a limited number of activities or to cater for situations where there may be staff absences or a need to reduce personal contact. For example, it may not be appropriate for a social worker to physically visit a looked-after child if covid is present or if the household is self-isolating.

Some changes are designed to help ensure that there are minimal delays in the adoption or fostering process. For example, in order to make sure that we have enough foster carers available at a time when potential need has increased, we have given flexibility on who could be a temporary foster carer, while still requiring that carers must be properly assessed for this vital role. Other changes allow local authorities more time to respond to formal reports, such as those from Ofsted inspections.

The flexibilities were developed rapidly and they needed to be, so the scope for formal consultation was more limited than normal and it was necessary to forgo the standard 21-day rule for their coming into force, but the views of a wide range of organisations did influence the regulations that were laid before the House, and I do welcome the opportunity to discuss them tonight. It is important to be clear exactly what those flexibilities are; otherwise young people will be unduly concerned. The hon. Member for Salford and Eccles (Rebecca Long Bailey) has suggested that short-break placements for children are now too long and there will not be any requirements on visits and care plans, but the annual limit of 75 days in any one year remains. We have removed the restriction on no single placement being longer than 17 days, simply so that children do not have to move between homes as frequently, and I am sure she will understand that.

Opposition Members have also suggested that social workers will no longer need to visit children living in care, but that is simply not the case. Statutory timescales remain in place. Social workers always must endeavour to meet those timetables, and in the small number of cases where they cannot meet them, for reasons such as sickness or self-isolation, they must be able to demonstrate that they can meet them and why the temporary amendment can be used. It is not the case that children’s homes can deprive a child of his or her liberty. That decision can be made only by a public health officer, who has the power to impose proportionate requirements, including screening and isolation, if any individual has a suspected or confirmed case of coronavirus. That decision must always be kept under review and must take account of the child’s wellbeing.

It has also been suggested that children could be placed with emergency foster carers for too long and without scrutiny, but in fact there will continue to be the same scrutiny of emergency foster carers. My hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) asked about decisions on placing a child in care outside his local area. I thank him for his invitation to meet his all-party group on children, as I would be delighted to do that. In fact, any decision to place a child with a non-connected person would still be subject to strict and intensive assessment by the local authority of their suitability, background and circumstances. This flexibility is available only in cases where additional scrutiny by a nominated officer will delay a child being placed with an appropriate and approved carer. He also raised the important issue of serious safeguarding cases. No changes have been made to primary legislation that require local authorities to investigate suspected cases of the risk of significant harm, or local authorities’ powers to make applications for emergency protection orders or applications for care protection orders.

My hon. Friend and the hon. Member for Birmingham, Selly Oak (Steve McCabe) asked why there were differences in other parts of the UK. Structures and approaches differ across each part of the UK and so will the pressures that are felt. We in the Department for Education speak to providers and local authorities in England. These changes are a response to what we have been told. Other countries will have spoken to their own local areas and will take actions accordingly.

The Children’s Commissioner has a very important job to speak for children and it is right that she does so. We agree on the importance of protecting vulnerable children—indeed, I speak to her regularly—but on this matter we disagree. I set out clear responses to the points she made in an article in The Guardian in a point-by-point statement published on the Department’s website. I suggest that Members who quoted her look at the detailed responses I have made, because we have worked to address many of her concerns on the guidance that we have published for local authorities. We are continuing to engage with her about how we can ensure our guidance is clear.

This is a really important point: these flexibilities should be used only when absolutely necessary and in the interests of the child, because the child’s interests must come first. If there is no pressing need to use them, they should not be used. The flexibilities must be approved at chief officer level in local authorities or by top-tier management in other organisations. The decisions for their being used must be recorded. Ofsted will take note of any usage and stands ready to take action. Indeed, Ofsted is taking action, even at this time, to suspend 17 children’s homes or stop them taking children.

Monitoring is important. We have been gathering information regularly on which of the regulations are being used and why we are holding a monthly survey of local authorities. We are working with key organisations, including children’s charities and provider representatives, to seek feedback on how the regulations are being used and the effect on children. I am glad to report that they are being used infrequently. The flexibility most likely to be used is one that allows medical reports to be considered at a later date of an adoption process, thus minimising delays in approving adopters and allowing for those children to move on into that new forever family.

The changes will expire on 25 September. There is no plan to extend them. If there is a need for further flexibility, it will be on a case-by-case basis after discussion with stakeholders and subject to full parliamentary process. The regulation changes are temporary. They are not permanent. I am committed to keeping a close eye on the situation and will report back to Parliament before the summer recess.

The Government are absolutely committed to supporting vulnerable children and ensuring that they are properly safeguarded. We have demonstrated that through the initiatives I have outlined today. Supporting vulnerable children will continue to be my No. 1 priority, the No. 1 priority of the Department for Education, and the No. 1 priority of the Government during this time.