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

Kate Green Excerpts

Committee Debate: 2nd sitting: House of Commons
Tuesday 13th December 2016 Public Bill Committees

We are looking for a bit more beef and detail from the Minister. This is about an order that will actually make a difference for young people; from my point of view, it is certainly not about trying to score points. As I said earlier, I think we share the same broad ambition, but we have before us the replication of an approach that we saw in another piece of legislation for which he has a great deal of responsibility and that no one—I assume that includes the Minister—would describe as having been an outstanding success to date. Unless there is some attempt to learn from that experience in what we are doing now, all that is going to happen is that we are going to go round the same old loop. As I said this morning, the shelves of social work offices and establishments are littered with pieces of legislation that have the same impact. We are looking for something that will move things forward a significant step, so will the Minister give serious consideration to the amendments?

[Kate Green (Stretford and Urmston) (Lab)]

It is a pleasure to join the Committee, Mr Wilson; I was unable to attend the sitting this morning.

I shall speak particularly to new clause 16 and the proposals on social security support for young care leavers. I am sure that when my hon. Friend the Member for South Shields introduced the new clause this morning, the Committee discussed how the need for special arrangements for young care leavers arises from the likelihood that they will not have family resources to fall back on in the way that other young people leaving the family home would. It is particularly difficult for young care leavers to find appropriate accommodation in areas such as my own, where accommodation costs are especially high. I am keen to reinforce the points made about the need to review the application of housing benefit rules for such people.

First, it is important to recognise the need for stable accommodation for young care leavers as they move into adulthood. If they do not have the resources to be sure that they can undertake a secure tenancy arrangement, all the other attempts to route them into a secure future will be undermined.

Secondly, if such young people—who may have considerable emotional and interpersonal difficulties, and difficulties with relationships with others—have to share accommodation with people whom they do not know very well, perhaps with complete strangers, they may find that an exceptionally difficult situation in which to adapt to adult life. It is therefore of all the greater importance that they should be able to have their own accommodation or property: we should take this opportunity to exempt young care leavers from the more restricted housing support available to young people more generally. Such support requires them to share accommodation, which would not be appropriate for young care leavers.

Although progress has been made over recent years, in many local authorities it has been necessary to place care leavers outside their home borough. The new clause offers the opportunity to ensure that, when successful attempts have been made to bring young people back in-borough, as has been the case in Trafford, which I represent, and housing costs are high in that borough, which they most certainly are in mine, young people, having been brought back into their home borough, are financially able to sustain accommodation so that they can remain in a community where they have relationships and contacts.

We must also recognise the importance to both education and employment of ensuring an adequate source of income for young care leavers. As I said, they do not have access to family resources to bail them out from unexpected expenditure or debt, so it is right that we should have a social security system that is sufficiently generous to ensure that they are not put in a position in which financial unsustainability undermines the achievement of the social outcomes the Bill envisages promoting for young people.

If the Minister is not able to take our suggestions for a generous interpretation for social security on board in his answer today, I hope that Ministers from the Department will be willing to explore the issue further with colleagues in the Department for Work and Pensions. Will the Minister give us an indication? We all know that these are not imagined problems for these young people; they are very real.

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

I thank the hon. Member for South Shields for her amendments on clause 2, particularly about the local offer and care leavers. I am also grateful to her and to the hon. Members for Walthamstow and for Birmingham, Selly Oak for being generous in their reading of the motivation and spirit behind the clause.

Far from being relaxed about the outcomes for care leavers, I am as determined today as I was the first moment I set foot in this place to do all I can to improve their prospects. That is reflected in the fact that we have the Bill before us, as a product of what can be a difficult bargaining arena, with many other Departments wanting to get legislation before Parliament. Through that renewed effort—as well as the cajoling and persuasion needed—we managed to make this a key priority for the Government, which is why it has now come before the House for the necessary scrutiny.

This group of amendments would seek to provide additional support to care leavers. I do not hesitate to agree that these young people do need help and support, but I do not consider the amendments to be the best way to provide that additional support. I will respond to each amendment in turn to explain why.

Amendment 26 would extend the definition of care leavers to cover all unaccompanied asylum-seeking children up to the point when they leave the UK, in the event that their asylum application is not granted. I recognise that the amendment seeks to safeguard a particularly vulnerable group of young people. I assure the Committee that I appreciate the sentiment and desire behind that. We know that local authorities are now looking after increasing numbers of unaccompanied asylum-seeking children and supporting more care leavers who were formerly asylum-seeking children.

Bearing those points in mind, I want to make an important clarification. Most care leavers who were formerly unaccompanied asylum-seeking children have refugee status, humanitarian protection or another form of leave to remain or an outstanding human rights application or appeal. That means that they qualify, like any other care leaver, for the support under the Children Act 2004 care leaver provisions, to assist their transition into adulthood. In addition, they will benefit in the same way as other care leavers from the improvements to the framework contained in the Bill, including the local offer for care leavers.

It is only those leaving care whom the courts have determined do not need humanitarian protection, who have exhausted all appeal routes and rights and subsequently have no lawful basis to remain in the UK, with the court having said there is no barrier to their removal, who will need, in those circumstances, to be supported to return to their home country, where they can embark on building their lives and futures, with assistance from the Home Office in the form of financial and practical support. The Government believe that that is the right approach for that specific and clearly defined group, whose long-term future is not in this country but who need support and assistance before they leave.

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[Edward Timpson]

The hon. Gentleman makes an important point. About 11% of children in care still have three placements—that is placements, rather than schools—or more per year. We already have priority school admissions for children in care, so there is no excuse for their not getting the right school.

I want to ensure that as part of the fostering stocktake we are now undertaking, which is a fundamental review of how fostering is working, we also look at stability—an issue raised by Opposition Members—and, specifically, its impact on children’s ability to form close and strong attachments, to build a social network around themselves and to have a strong and stable education, so that they can achieve what they are capable of in that environment. Part of that will be being clearer about what local authorities can do better, so that they can enhance the prospects of creating the stability that we know is a core ingredient of successful time in care.

I encourage the hon. Gentleman to look at the direction of the fostering stocktake and at how we can better ingrain stability in decision making, particularly at the very start of when a child enters care. Often, that first decision on the school or placement has a consequential fall-out for the child or young person if turns out not to be the right one.

Amendment 27 would require the Secretary of State to develop and publish a national minimum standard for the local offer for care leavers. Although I fully appreciate the intention behind the amendment, I should point out that there is already a set of statutory duties in the Children Act 1989 that defines a minimum level of support for care leavers. Under those provisions, local authorities must provide a personal adviser for care leavers until the age of 21, and the Bill extends that support to the age of 25.

Local authorities must develop a pathway plan for their care leavers and provide assistance, both in general and specifically, to support them with education, training and employment. Care leavers are also entitled to request support from an advocate. The local offer is designed to include care leavers’ legal entitlements and additional discretionary services and support that the local authority may offer, with the legal entitlements being the minimum offer that must be provided. Beyond that—the hon. Member for South Shields will have anticipated my saying this—producing a prescribed local offer runs the risk of stifling creativity and creating a race to the bottom.

The issue gets to the nub of where we part company on the right approach. A prescribed local offer would not take account of local needs or circumstances—we want the opposite to happen, with local authorities actively providing the best possible offer and tailoring that to their local situation. We have already seen, in the likes of North Somerset and Trafford, that one outstanding care leaving service is a key beacon of good practice. To that end, local authorities will be required to consult care leavers, as well as other persons or bodies who represent care leavers, before publishing their local offer. That will ensure the offer is informed by the views of those who will use the services set out, as well as those providing the services and supporting implementation.

The risk with minimum standards is that everyone does the minimum and no more. To ensure local authorities are encouraged and helped to go beyond the minimum standards required by the law, officials at the Department have developed a prototype local offer that sets out the kinds of things local authorities can consider when designing their local offer, rather than specifying exactly what it should include. A copy of that prototype was sent to Committee members, and the intention is to publish it.

That in part answers the questions from the hon. Member for Birmingham, Selly Oak about practice guidance or a template from which local authorities can start to craft their own local offer. I am happy to share the prototype with him if he does not have a copy. It gives a clear direction of the areas local authorities need to cover, as a baseline for the development of their own local offer, but it does not prevent them from ensuring they provide one that meets the specific needs of their own population.

Some hon. Members asked how the SEND local offer may be different. I should say at the start that I disagree with the characterisation of the impact of the local offer for special educational needs and disabilities. That came out of a very substantial process involving young people and parents to identify what they were looking for from the new system. That was during the heady days of the coalition, when Sarah Teather was in this position, so it has a lot of history behind it. I do not know whether that reassures the Committee but, be that as it may, over the last two years of implementation we have seen the SEND local offer starting to embed and develop. We now have inspections of the new SEND system by Ofsted and the CQC. One example is a 2016 report on Enfield, in which Ofsted and CQC found:

“The local offer is informative and very helpful to parents and young people. It includes a wide range of information to help them identify where to get support and how to access available services. Over the last six months, increasing numbers of people have used the local offer to gather information.”

Representatives from parent-carer forums and SEND organisations

“are actively engaged in further improvements such as improving the local offer and making it more accessible to users.”

Brian Lamb, author of the 2010 Lamb inquiry, looking at parent-carer forums as the formal conduit for parents’ engagement, reported that around two-thirds of those surveyed were fully engaged in general strategic planning or in developing the local offer and that that was leading to significant changes in local authority practice in some areas. I accept that the measure has yet to achieve the desired effect right across the country, but the roots have been planted and we are getting evidence from those inspections of the difference that it is making in the engagement between families and services.

Finally, I turn to new clause 16. It seeks to introduce a national offer for care leavers that would include reducing the length of benefit sanctions under universal credit; making care leavers eligible for working tax credit; extending the exemption from the shared accommodation rate of housing benefit up to the age of 25; and exempting care leavers under the age of 25 from paying council tax.

I am familiar with the issues raised under the national offer and have had a number of meetings with the Earl of Listowel, who raised this issue in the other place. I have also had detailed conversations with the Minister for Employment, and I understand the concerns that have been raised around benefit sanctions.

Just last week, jobcentre staff were reminded about the challenges that care leavers can face. An article was featured on the DWP intranet, available to all staff, explaining the specific circumstances that care leavers can face and reminding work coaches—the interface between care leavers and the benefits system—to take account of any relevant circumstances and flexibilities when deciding whether a sanction was appropriate. What happens at that moment between the work coach and the care leaver could make the difference between that young person progressing towards employment and a retrograde step: it being more difficult for them to gain employment because of how a sanction has been applied.

The article also tells staff about the ambitions we have for care leavers as set out in “Keep On Caring”, the refreshed cross-government care leaver strategy, and clearly lists all the DWP support available to care leavers. I thank the Minister for Employment for taking this action. We will continue to work together to reassure the hon. Member for Stretford and Urmston that we want to see what more we can do, so that the experience of the care leaver in that situation is much better.

At the heart of that is identification. If those who first see a care leaver coming into a jobcentre are blissfully unaware that they have come from the care system, inevitably, they will potentially miss taking a very different approach from the one they end up taking. Although we have a flagging system in the jobcentre computer network, it is based on self-identification. We want to do more work to see how we can ensure that, before a care leaver comes into contact with the benefits system, that is already flagged, so that we can get more consistency in the approach taken by jobcentres. Of course, we want to work towards no care leaver having to move straight into the benefits system. That is why the work to improve their opportunities for education and training and the expansion of the role of the personal adviser are all going to be important. However, these flexibilities can only be considered if Jobcentre Plus staff are made aware of a care leaver’s status in the first place. We will work hard to make sure that the situation improves on the ground.

On eligibility for working tax credit, I remind the Committee that we are currently rolling out universal credit—in case anyone had forgotten. That will replace the current system of means-tested working age benefits, including tax credits; it will replace tax credits for all new claims by October 2018. It is designed to simplify the benefit system and to provide in-work support and incentives to work for all claimants aged 18 or over. However, it is important to note that the requirement for workers to be aged 25 or over will not apply with universal credit. Care leavers aged 18 and over in low-paid work, who are currently unable to claim working tax credit, will be able to claim universal credit, subject to the normal rules on taking account of earnings. I have a case study, which I am happy to share outside the Committee, of a 19-year-old care leaver, which demonstrates the impact that will have. Those people will receive uplifts in the new system that they do not get in the system we have at present.

On the exemption from the shared accommodation rate, I have real sympathy with the hon. Lady’s arguments. I reassure her that this is something that we are looking at. As she said, we are exploring the evidence regarding the need for this change and have asked the Children’s Society to provide examples of how the current rules impact on care leavers, in the hope we can make some progress.

[Kate Green]

I want to return to what the Minister said about the different treatment, under universal credit, of care leavers under 25, compared with working tax credit. Can he say how many care leavers are currently in receipt of working tax credit? Presumably, as they come to adult age and as new claimants, they are predominantly being moved straight on to universal credit at the end of the benefits system. A small number may remain in the situation where they would be eligible only for working tax credit. Can the Minister say how quickly they can be migrated to universal credit?

[Edward Timpson]

I do not have those figures to hand. One of the issues I raised earlier is around identification and knowing who is accessing benefits and is also a care leaver. We need to improve that information, hence the additional data we are now collecting as a Department. That will give us a more granular understanding of who these young people are and how they have come into contact with the benefits system. I will write to the hon. Lady with more details about that, so she has as much information as we can give.

It is important we start to understand where this leads, what the destination inevitably is and what we could have done in the intervening period to make the direction in which a young person goes different. I am happy to give the hon. Lady further information about that.

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[Kate Green]

Some people leaving care do become young parents very quickly, but that is not always a recipe for problems for themselves or for their children—indeed, those young parents can be very enthusiastic and committed parents, determined to do the best for their child. However, many lack family support. Does my hon. Friend agree that they need help to be good parents, but also encouragement and family assistance of the kind that other parents perhaps draw from their own family members?

[Mrs Lewell-Buck]

Many children who have left care go on to be fantastic parents, but those who need an extra bit of support should be recognised in the legislation. This amendment seeks to achieve that.

While the Government have suggested that existing statutory guidance makes some reference to young people who are young parents, we need to recognise and respond more robustly to the additional vulnerabilities of this group of care leavers in a way which is not presently provided for in primary or secondary legislation. Evidence from the Centre for Social Justice in 2015 based on data provided by 93 local authorities revealed that 22% of female care leavers became teenage mothers. That is three times the national average. The same report identified that one in 10 care leavers aged 16 to 21 have had their own children taken into care. Care leavers are particularly vulnerable to early pregnancy, early parenthood and losing their child to the care system.

A recent research project carried out by Professor Broadhurst based on national records from the Children and Family Court Advisory and Support Service between 2007 and 2014 examined cases relating to 43,541 birth mothers involved in care proceedings. The study estimated that around a quarter of these mothers who had a child subject to care proceedings will have sequential care proceedings about another of their children. The study found that young women aged 16 to 19 years were most at risk of experiencing repeat proceedings, with almost one in every three women in this age group estimated to reappear. Provisional results from the study’s further in-depth analysis of court files indicate that more than six out of 10 others who had children sequentially removed were teenagers when they had their first child. Of those mothers, 40% were in care or had been looked after in the care system for some of their own childhood.

Like most parents who are subject to the child protection system, young parents often feel lost, angry and scared. However, many of these young parents, particularly care leavers, also have multiple challenges. Some of them are alienated by prior negative experiences of state services in their childhood, making it difficult for them to engage with professionals. At times, this lack of parental co-operation can be a trigger for the issuing of care proceedings. Young parents often feel judged by their youth and background rather than by their parenting abilities. That is particularly the case for care leavers, who often feel that being in care itself counts as a negative against them. Previous childhood experiences including suffering abuse, mental health problems and exclusion from school may adversely impact on their resilience, their resources, their support networks and their ability to deal with both the challenges of transitioning to adulthood and being a parent. Young parents who are care leavers also identify that even where support has been provided to them in their capacity as young people leaving care, the support often ignores their role as parents or fails to assist them in safely raising and keeping their child.

As referred to in new clause 16, a national offer for care leavers would go some way to mitigate the financial challenges that care leavers face, which are only exacerbated when they become parents themselves. Our amendments would ensure that their needs as parents were fully taken into account.

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

Kate Green Excerpts

Committee Debate: 3rd sitting: House of Commons
Thursday 15th December 2016 Public Bill Committees

[Mrs Lewell-Buck]

I think I thank the hon. Gentleman for that intervention. However, I will not dwell on the point, because I think he has missed the context of what we are trying to describe here.

[Kate Green (Stretford and Urmston) (Lab)]

Does my hon. Friend agree that our concerns are based not on the history of adoption in the 1950s but on the discriminatory application of adoption proceedings, which often means that children from poorer families and certain ethnic groups and cultures are more likely to go through the adoption process more speedily? If the clause is not removed, it will make that even more likely.

[Mrs Lewell-Buck]

If the Department had spent this much energy on social worker recruitment and retention and invested in family support and early-years help, we might not be where we are now, with the highest number of children in care since 1985.

The Professional Association for Children’s Guardians, Family Court Advisers and Independent Social Workers commented on the Department for Education’s adoption policy paper this year. It said:

“We note the Policy Paper does not address how to prevent children entering the care and adoption systems in the first place…We are concerned that despite the intention to ‘strengthen families’, no more is said on this point and that there is no discussion of support for disadvantaged families despite the worrying increase in the numbers of children subject to care proceedings.”

--- Later in debate ---

[Kate Green]

It is a great pleasure to serve on the Committee with you in the Chair, Mrs Main. I want to reinforce what my hon. Friend said and ask a couple of questions.

I hope there has been a shift from the attitudes I have detected in the past few years. The Minister was right to emphasise that the best interests of children are the fundamental guiding principle that underpins the legislation, but in recent years I think the balance has moved to some degree towards a presumption in favour of contact. Indeed, at times that has been almost explicit in some of the language I have heard from some political and other figures. It would be really helpful if the Minister made clear again that the presumption for contact, if it exists, is very much secondary to what is in the best interests of the children.

Contact often is in the best interests of a child, but, as my hon. Friend pointed out, it is difficult to make that assumption when domestic abuse and violence have been present. Domestic abuse and violence cut across all social backgrounds, all economic backgrounds and all cultures and classes; the system needs to be aware of that. It should not be making assumptions that more articulate and authoritative men should in some way have their assertions taken at face value. I sometimes feel we see such examples in our own casework when particularly articulate cases have been made. Again, this is a good opportunity for the Minister to say how he envisages the panel will be able to spread good practice and awareness of such issues in responding to my hon. Friend.

My hon. Friend made a point about training professionals and mentioned in particular those in the family justice and family support system. In fact, a wide range of professionals who come into contact with children need to be alert to the signs of domestic abuse and violence. It would be interesting to hear from the Minister about how the safeguarding panel could help to spread that knowledge and awareness as widely as possible across a whole range of professional disciplines.

As my hon. Friend said, we do see forms of domestic abuse and violence well beyond the physical, such as coercive control and the undermining and humiliating of women in the family, through which a mother’s self-confidence and self-esteem can be whittled away. That needs to be recognised when making decisions about the best interests of the care of children and their relationship with both parents. If the Minister feels unable to accept the amendments, I hope he will say how he intends to shift the balance back to where I think we agree it must be, with the best interests of the child paramount in contact decisions. A presumption of contact is not the place to start, least of all when domestic abuse or violence is present or feared.

[Edward Timpson]

I am grateful to the hon. Member for South Shields for her amendments, which raise important, difficult and sensitive issues. She rightly made some insightful, wide-ranging points. I suspect that my response will not necessarily do justice to them all, but I will do my best.

One thing that the hon. Lady and I have in common is that we both have experience of dealing with these types of cases in the family courts and the children’s social care system. We have seen at first hand the extreme pressure on those who take part in those proceedings—particularly those who have been victims of domestic abuse, whether as children or adults.

I have been involved in many contact cases, injunctions, non-molestation orders, occupation orders and finding of fact hearings that have centred around the issue of domestic abuse. One thing that has always struck me is that, in some parts of society, there is the presumption that domestic violence happens only in certain homes, but it can happen anywhere and in any home. That is why, when we did a big national campaign to help people understand what the signs of abuse look like, which we hope to repeat in the new year, we made it clear that domestic violence is not the preserve of some communities; it happens in every community, class and walk of life.

We need to grasp more widely the culture change that the hon. Lady spoke about in relation to the family courts. We can have the best system, regulations and laws in place, but if beneath them there is a reluctance to engage with the reality of domestic violence—both its prevalence and the devastating impact it has on the victims—we are never going to be able to tackle it and prevent it from being a feature of so many people’s lives in the future. I fully echo many of the points that the hon. Lady made.

We need to work together collectively, both at a local level and nationally. Like many members of the Committee, I have been involved with my local Women’s Aid and other support groups, as well as with men who are victims of domestic violence, to understand the reasons behind it and what we can do, at every point where those people come into contact with the community around them, to support them. As the Minister for Vulnerable Children and Families, I want to ensure that we most protect children. They must never have to suffer the consequences of being involved in such violence or seeing it around them.

[Edward Timpson]

My hon. Friend makes a good point. She re-emphasises the purpose behind having a more systematic and comprehensive way of pulling together that knowledge and understanding for cases involving an issue of national importance and relevance, such as domestic violence. That would give all practitioners, whether they work in social work, the health service, schools or the charitable sector, access to well-researched and practical advice about how they can respond better should they find a child or a family in those circumstances. I do not underestimate the scale of the challenge that we face in ensuring that we are doing all we can across society and across Government to meet the real need that is out there.

These important issues were debated in the House on 15 September in response to the publication of the Women’s Aid report entitled “Nineteen Child Homicides”, to which the hon. Member for South Shields referred. As the Under-Secretary of State for Justice, my hon. Friend the Member for Bracknell, made clear then, it is incumbent on all of us to consider whether more can be done to prevent such tragedies.

As the hon. Lady said, the Women’s Aid report graphically underlines the need to prioritise the child’s best interest in child contact cases involving domestic abuse and to ensure that the risks are properly considered. I am happy to remind the Committee of what I said earlier, which I hope reassures the hon. Member for Stretford and Urmston: the paramount consideration is always the welfare of the child in any case where they are relevant. That is the key principle that guides the decision making in any judgment made by any court.

My concern about the amendment is that it risks giving the impression that reviews undertaken by the panel could stray into matters that are properly for the independent judiciary. Given previous comments about the need for the panel to be independent, I also think there is a risk of highlighting one particular matter to the exclusion of all others. As I said earlier, the law is clear: the family court’s overriding duty is the welfare of the child. Decisions about child contact are made by the court, based on all of the evidence, and with the child’s welfare as the court’s paramount consideration. It would be constitutionally improper for the panel, as an administrative body, to seek to review such judicial decisions.

[Kate Green]

I understand the Minister’s point about the independence of the judiciary. However, it will be difficult for the reports and reviews conducted to be meaningful if they cannot, in some way, take account of the effect of the decision-making process. How does the Minister see that tension being resolved? Does he envisage that any report by the panel would be unable to say anything about court decisions?

[Edward Timpson]

If the hon. Lady was to look at any serious case review now, she would see a clear timeline setting out the facts of the case that stated what the decisions were and what lay behind them. It is up to the panel members to call those who have been part of that particular case to come forward with their evidence, in order to inform that report—subject to any medical reason that would preclude them from assisting. The purpose of the clause is to make sure that we get as full and frank disclosure within the report as possible, to inform both the panel’s recommendations and the subsequent learning that we want to spread across the system.

The hon. Member for South Shields referred to practice direction 12J, which covers child arrangements and domestic violence and harm. It is judicial guidance to the family court on how to deal with allegations of domestic violence or abuse, and is issued by the president of the family division, with the agreement of Ministers and in accordance with process provided for by the Constitutional Reform Act 2005.

The explicit reference in a statute to such a practice direction, which the amendment would introduce, assumes a specific content for the direction. However, practice directions being made in the way I have outlined are open to amendment, revocation or replacement by further directions, so the hon. Lady’s amendment would aim at what is likely to be a moving target. It is worth noting, in this regard, that the president of the family division has already asked a senior High Court judge to review the operation of practice direction 12J in the light of some of the concerns raised by Women’s Aid. I am happy to share any further information I can glean from the Ministry of Justice and my colleagues in that Department with the hon. Lady.

Finally, I turn to amendment 42. It seeks to add to the circumstances set out in subsection 1 of clause 14, under which a local authority must make a notification to the child safeguarding practice review panel. As in my response to the previous amendment, I recognise the concerns about domestic violence and the risks that can be posed to both children and adults by potentially unsafe contact arrangements. The hon. Lady is right to highlight the risks to a particularly vulnerable group of children. Great consideration was given to defining the circumstances under which a local authority must notify the panel in order to come up with the criteria as currently set out in the Bill.

Inevitably, any such definitions cannot be exhaustive, include all circumstances or cover all settings in which children might suffer injury or harm. However, the intention has always been that all cases in which a local authority knows or suspects abuse or neglect, including cases in which factors such as those outlined by the hon. Lady are a feature, must be notified to the panel under the general duty to notify cases of death or serious harm.

With that explanation, and following the helpful debate that explored some of the wider issues around the subject—I am sure we will all want to return to that at a later date, if not in the Committee, then in the House—I hope that the hon. Lady will withdraw her amendment.

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

Kate Green Excerpts

Committee Debate: 5th sitting: House of Commons
Tuesday 10th January 2017 Public Bill Committees

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

It is a pleasure to be back in Committee, Mrs Main. I, too, wish everyone a happy new year.

I rise to speak to new clause 27, which is in my name. It was with a mix of anger and sadness that I tabled the new clause, which would give Ministers two years to sort out a situation that has arisen on their watch: the intolerable lack of secure places for our country’s most vulnerable children. Those are children who are looked after by the state and who the courts have found to be at risk of significant harm and injury or a risk to others by their being looked after by local authorities. They are our responsibility.

I will briefly share with the Committee a small example from the Department for Education’s own research of a child who was placed in secure accommodation:

“Marie was referred as a very young child because of sexual abuse and severe neglect. She was removed and placed for adoption aged four with two younger siblings but went on to experience three adoption breakdowns. This was partly due to the children’s sexualised behaviour but also events that couldn’t have been predicted—including the death of two adoptive parents. She returned to the care system for the last time aged nine with a severe attachment disorder.”

We owe it to children like her to ensure that when they are in crisis, the best possible support is available to meet their needs.

Two years is enough time for the Government to fix this problem if there is sufficient political will. New clause 27 is a pragmatic response to a situation that should never have been allowed to happen. I have decided reluctantly that seeking to block the Minister’s amendments would not be in the immediate interests of children who are desperately in need of secure care. Children have been sent from England to Scotland because of a lack of provision close to their families, local services and communities. The legal cases that I understand led to the Minister tabling his amendments concern children from Blackpool, Cumbria and Stockport being detained in Scotland. Those are looked-after children who are attempting suicide and self-harm, and who are in acute states of distress. Courts have made orders for them to be detained because they are not safe in ordinary children’s homes or in foster care.

We should not routinely send those children to another country, where they will have to adapt to a different education system and risk disruption to their mental healthcare. We are talking about placing children hundreds of miles away from their families, social workers, independent reviewing officers, independent advocates, visitors and lawyers. Will the Minister explain how we can be sure that their detention will be effectively monitored—particularly as he has not extended the duty on local authorities to establish secure accommodation reviews with independent input?

The legal situation of children looked after by English councils but detained in Scotland must be remedied as a matter of urgency—I totally accept that—but I do not support the Minister’s new clause because I do not believe it is a good policy decision. Let us be clear: the new clause, which will allow for the lawful detention in Scotland of looked-after children from our country, has not come about because social workers, researchers and young people have told the Department for Education that authorising the use of secure units in Scotland for looked-after children from England and Wales would be in their best interests, or that sending those children hundreds of miles from home would make them feel safer and more secure.

The changes are the result of the courts being put in the invidious position of deciding that a looked-after child fits the criteria for a secure accommodation order, but being then informed by the local authority applying for such an order that there is no secure place for that child in England. Orders have been made by the High Court that have bypassed the Children Act 1989, because that legislation does not allow for looked-after children to be detained on welfare grounds in Scotland. The Act does not allow any looked-after child to be placed outside England and Wales without the consent of the child or his or her parent—although that can be overruled in certain circumstances. That provision has been law since, I believe, 1980. Without any consultation with young people or professionals who work with them, the Minister’s new clause strikes out the need for the child’s consent and for parental consent. We are talking about vulnerable teenagers whose lives have spiralled out of control. How can we expect to help them to regain and build up their self-esteem and show they are valued if we send them to another country without asking for their permission?

The research I mentioned earlier found that local authorities viewed detaining a child on welfare grounds as necessary for a small number of children, but all of those authorities agree that that is often a draconian step—and that it is more draconian to send a child to a different country to be locked up. It is a well-established social work principle that looked-after children fare better when they are close to their families, friends, schools and the health professionals supporting them. That principle is well-enshrined in the Children Act 1989.

Since 2011, the number of children placed in secure accommodation for welfare reasons has increased. In March 2011, 62 children in England and Wales were placed in secure accommodation on welfare grounds, while in March 2016, 105 looked-after children in England and Wales were detained in secure accommodation on welfare grounds.

The Government have clearly not been paying attention. This situation needs a national strategy and national leadership—especially when we take into account that The Scotsman reported just last year that children from Scotland may have to be placed south of the border owing to a lack of spaces there. I took a quick look at the availability of secure places in Scotland, and the latest information, as of 6 and 8 January, is that only one of the five secure homes in Scotland has any vacancies; the rest are entirely full. St Mary’s Kenmure centre, on the outskirts of Glasgow, has only three places available, yet serves the whole of Scotland. What assurances can the Minister give that Scotland’s secure centres have room for children from England and Wales? What research has his Department done to establish the capacity of Scotland’s secure care provision? If there has been any research, will he please share it with the Committee?

I fear that if we leave the Minister’s amendments as they are, and do not exert any pressure on the Government to sort out this mess, children may suffer greatly. I am not aware of any consultation, policy document or impact assessment published by the Department about these legislative changes. The amendments are not minor formalities; they fundamentally alter the legal protection given to our most vulnerable looked-after children. The Minister’s exemption clauses could lead to the removal of even more safeguards from that cohort of children; we are talking about legal protections that have been in place for decades. I hope that Members will support my pragmatic new clause.

[Kate Green (Stretford and Urmston) (Lab)]

It is a pleasure to return to the Committee, Mrs Main. I wish all Committee members a happy new year. I strongly support what my hon. Friend says. I am dismayed that our response to an absence of suitable secure accommodation close to children’s families and homes is leading us to reach for the solution of sending them, effectively, to another country—certainly to another jurisdiction in relation to law and, as my hon. Friend pointed out, education. I particularly want to press the Minister on that point.

The education system in Scotland is different from that of England and Wales, and it is not clear to me what, if any, thinking the Government have done about the impact on young people’s education of moving them to a different country with a different school system. Many young people in secure accommodation will be teenagers approaching the age of 16 when they should be taking examinations, planning their futures, and receiving careers advice and support. It would be helpful to the Committee to understand what thinking the Minister has done and what planning there has been to address those children’s educational needs.

Is the arrangement really seen as some kind of stopgap in which the children would be moved back as quickly as possible to secure accommodation closer to home; or does the Minister believe its purpose is for a child posted to secure accommodation in Scotland to spend the entire period there? I can understand the wish, having found suitable accommodation for a child, not to disrupt it; but equally it seems to me that if we are dealing with a shortage of suitable spaces in England it would be helpful to know whether the Minister intends children placed for a period in Scotland to be brought back home as quickly as possible.

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

It is a pleasure to see you in the Chair, Mrs Main; I also wish you a happy new year.

I want to put three or four quick points to the Minister in relation to the measure. Could he give us an idea of how many children he thinks will be transferred north of the border, or, indeed, the other way? It would be interesting to have some context, and to know the scale of the problem and perhaps when he first became aware that there was a problem in need of such a resolution. I am particularly interested in how many children from England are likely to move to Scotland, and would like an indication of which local authorities are under the most severe pressure, so that they must look north of the border.

Whether or not the Minister accepts new clause 27, does he accept that if there is not some kind of time limit on the proposal the danger is that we will be legislating to export a problem? That seems a strange way to deal with children who are often very damaged and difficult. I am not sure that in the long run it is in the best interest of the care system in this country that we should end up simply exporting the problem.

Finally, I have on previous occasions heard the Minister say he does not support the idea that children should be moved far from home; I think that particularly in relation to Rotherham he had some strong opinions on that, which I agree with. While I accept that awareness of an impending problem or crisis may have brought him to introduce legislation, I wonder how he would reconcile the notion of sending children north of the border with his strongly held view that it is not in children’s best interests to move them too far from their home base for care provision.

[Edward Timpson]

I begin by thanking hon. Members for their contributions to this debate and for raising important issues about not only this new clause but, more widely, the secure children’s homes available to our most vulnerable children and young people in England, Wales and Scotland.

I will address some of the specific points raised. The latest information I have is that there are currently 17 children who have moved from England to secure children’s homes in Scotland. We first became aware of the issue that the new clause tries to fix on the back of a judgment of the family division of the High Court on 12 September last year that children could not be placed by English or Welsh authorities in secure accommodation in Scotland under section 25 of the Children Act 1989. This is a long-established practice, hence the legislative issue we are seeking to resolve was a surprise to everybody.

No child has been placed by an English or Welsh local authority in secure accommodation in Scotland without the authority of the courts in England and Wales. That is an important point. Every case where a child is moved to a different part of the United Kingdom on the basis of a request to place them in a secure children’s home outside their original area will be subject to court approval. The court has to decide on the usual basis under the Children Act of it being in the child’s best interest.

I will write to the hon. Member for Birmingham, Selly Oak about which local authorities currently have children placed north of the border. The hon. Member for South Shields alluded to some of those, but I will endeavour to provide the hon. Gentleman with a comprehensive list.

[Kate Green]

In writing, will the Minister also tell us how long those children have spent in children’s homes north of the border? As there are only 17 children, I hope he will be able to give us that information for each child.

[Edward Timpson]

I will endeavour to provide as much detail as possible.

This is not about exporting a problem. It is a two-way street, because of course, children from Scotland and Wales are placed in England, and vice versa. This is about trying to improve the diversity of choice for very specialist placements, which starts to address the other point that the hon. Member for Birmingham, Selly Oak rightly raised about the presumption that children, where possible, should be placed as close to home as they can. I agree with that.

As the hon. Gentleman knows, we have done a lot of work on residential care, looking at how we can improve the commissioning of places and the decision making, so that it is higher up the process when making a choice about the most appropriate placement for children, where residential care is the right type of placement. However, I think we all agree that for very specialist placements—particularly knowing the numbers in secure children’s homes—it would be impossible to have that type of specialist provision on the doorstep of every local authority, so we need to look in the round at what is available in the wider area, to try to meet those specific needs.

I accept the point made by the hon. Member for South Shields that there is more work to do on ensuring we have a functioning secure children’s home system that meets the demands placed on it. We have not been sitting idle, waiting for a problem to bubble to the surface. We have been working hard to establish, for the first time, a co-ordinated approach, to understand where the pressures on the system are, the availability of particular types of provision and how we can better match children and young people with the right placement for them as quickly as possible. That is why we set up the National Secure Welfare Commissioning Unit in May last year.

I wrote to the Local Government Association and the Association of Directors of Children’s Services with a strong commitment to work with them to find the long-term system change we need, so that we can address some of the issues that the hon. Member for South Shields raised. I am not saying that we have the perfect system—we are not at that point by any stretch of the imagination—but we are working hard to ensure that we have a better way of providing the right sort of care for the children who need it, whether on welfare grounds or on other grounds that form part of the background of some children who need secure placements.

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Government new clause 5 sets out the consultation requirements on local authorities before they apply for a pilot. Thorough consultation is an integral part of any application to use the power. We have heard from some quarters about the need to strengthen this provision so we have extended the consultation requirement for all local authorities to include not only safeguarding partners but any other person who is relevant to the application, particularly children and young people affected by the pilot. We will then be able to set out further details of our expectations on local authority consultation, but we can say now that it is likely to include, in addition to affected children and young people, staff working with them as well as voluntary sector partners. The summary of the consultation will be provided to the expert panel, which I will discuss in a moment, and will be published as part of its advice.

[Kate Green]

Does the Minister agree that it is important for local authorities to consult the child’s school on the impact of new ways of working on education?

[Edward Timpson]

The hon. Lady makes a strong point. We are talking about others who are relevant to that child and need to be consulted, and I concur with her that it will be important for the school to be involved in the consultation to make sure that there is a full and rounded view of what the impact may be on children in that area.

When the local authority has completed its consultation, it will make an application to the Secretary of State, and Government new clause 6 provides that if she decides to take the application forward, she should consult the expert advisory panel, which will provide significant independent scrutiny of any application. The panel will consist of two standing members, the Children’s Commissioner and Her Majesty’s Chief Inspector. The Secretary of State will also appoint other individuals who hold expertise relevant to the subject matter of an application, including representation from local government, social work practice, the voluntary sector and experts in the evaluation of pilots. The panel will be able to comment in full on an application.

In answer to the question from the hon. Member for Birmingham, Selly Oak, the panel, which is independent and has relevant expertise, will be able to comment fully on any application by a local authority under this provision. It will be asked particularly to provide advice on three key areas: first, the impact of a pilot on children; secondly, the capability of the authority to achieve the purpose of the application; and, thirdly, the adequacy of the monitoring arrangements. The panel’s advice will be published to ensure the process is transparent. When the Secretary of State has considered the panel’s advice, she will decide whether to continue with the process and, if so, she must gain Parliament’s approval. Government new clause 4 sets out the parliamentary scrutiny that each application to use the power must undergo before it is granted.

We have already sought to strengthen scrutiny in the other place to increase the types of application that would go through the affirmative resolution procedure. Changes to both primary and secondary legislation that originally passed through the affirmative procedure will follow that affirmative procedure. Only secondary legislation passed through the negative procedure and applications by the Secretary of State to end a pilot by revoking regulations will be subject to the negative procedure.

In addition, the Secretary of State must lay before Parliament a report containing an explanation of how the purpose is expected to be achieved and an assessment of the impact on children. That, alongside the panel’s advice, will provide a critical means for Members to scrutinise the pilot before agreeing that it can proceed or be rejected. I contend that this very comprehensive process will ensure that full and proper safeguards are in place.

Government new clause 3 makes it clear that all pilots should be time limited to a maximum of three years, after which they will automatically come to an end. There is provision for the pilot period to be extended only once for an additional three years. Such an extension could be used when a pilot is successful but the Government need further time to make provision to roll it out across the country. Before a pilot can be extended, the Secretary of State must lay a report before Parliament that clearly identifies the extent to which the pilot has achieved its specified purpose up to that point.

To ensure that the monitoring and evaluation of pilots is transparent and learning is shared, Government new clause 8 requires the Secretary of State to provide an annual report for each year a pilot has been in place. This report will provide a central source of information on the progress of pilots and bring together resulting learning. Government new clause 7 sets out a provision for the Government to issue statutory guidance to local authorities that will include how the power should be used, or not used, in particular circumstances; how it should be monitored and evaluated; and the qualities local authorities will be expected to demonstrate in applying for the power. The guidance will ensure that there are clear standards and expectations of local authorities in applying for the power. We will consult publicly on the statutory guidance so that all interested parties have a say in how the power works.

I appreciate that this is a new approach, so it is understandable that some colleagues have raised questions and have sought additional safeguards. We have listened to such concerns very carefully and the new clauses before the Committee are substantially different from those that were discussed in the other place. The scope of what could now be allowed is much tighter and the safeguards, consultation and transparency are even more robust. That has allowed some leading members of the children’s services voluntary sector to lend their weight to our ambition and comment positively on the new clauses.

For example, the Children’s Society, one of the country’s leading children’s charities, feels that changes we have made enable it to support the new clauses. It says:

“The Children’s Society welcome the Government’s commitment to innovation in children’s social care and are supportive of their intention to allow local authorities to test new ways of working in a time-limited, safe, transparent and well-evaluated way. We are of the view that the Government have listened to the concerns raised by the sector and have taken significant steps to ensure that the intention behind the power is clear, and that robust safeguards have been put in place.”

Similarly, Barnardo’s supports the power and the changes that we have made. It says:

“During the passage of this Bill, the Government has taken on board a number of our concerns, and we believe that the current proposed system for testing innovation will be safer and more transparent than what the Government originally sought to introduce. We particularly welcome the provisions which ensure that local authorities will not be permitted to question the fundamentals of what they do to support children whilst allowing scope for piloting new ways of working. Stronger safeguards have also been put in place to improve consultation and accountability.”

Those are strong endorsements of the approach the Government have taken from those who have a strong interest in ensuring that children get a better deal from the community and the services that they require.

Before I ask hon. Members to support the new clauses, I want to end by saying that I would not be doing this or asking the Government, as they have, to support these new clauses in the their entirety, if I did not have a strong view that their sole purpose—and the motivation behind them—is to improve outcomes for vulnerable children.

If I thought there was a better way to deal with the current system, where too many children are still being failed, I would welcome it. We are working to ensure that where children’s services are inadequate we tackle that. Since 2010, we have turned around 34 local authority children’s services that were deemed to be failing children in their areas.

What I am not prepared to do is just accept the status quo, when I have local authorities telling me that they could do a better job for children if they were given the opportunity to do so. The new clauses seek to provide them with that opportunity whilst ensuring that their responsibilities for those children remain as strong as ever. I do not intend to do anything for children other than try to make their lives better, and I hope hon. Members will agree.

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[Mrs Lewell-Buck]

Will the hon. Gentleman give way?

[Kate Green]

rose—

[Simon Hoare]

I give way to the hon. Member for—

[Kate Green]

Stretford and Urmston.

[Simon Hoare]

I was going to say “Stratford”.

[Kate Green]

It is not quite the same. What concerns me is that as a result of these proposals we will see the risk that currently good joint working across agencies may become fragmented. That particularly troubles me in relation to children within the ambit of the criminal justice system, who are very under-addressed in this legislation. The hon. Gentleman has just said that, as a local councillor himself, he thought that there were really good opportunities to work with officers to devise good quality, flexible local solutions. Can he give me an example of that kind of achievement in the local authority of which he is a member—or indeed any other local authority?

[Simon Hoare]

I certainly defer to the hon. Lady, who has a wealth of experience in this area, far greater and wider than I have. I will leave the point she makes about young people in the criminal justice system for the Minister to comment on, because I am not entirely sure about that. I think it is best to say that.

On the opportunity for joint working, if the hon. Lady looks at local government she will see shared services and joint chief executives and joint directors of this, that and the other, and councils coming together in order to safeguard frontline services, often across geographical boundaries. I was a councillor in Oxfordshire, where we hooked up with three councils in Gloucestershire to do all sorts of things.

The order of general competence contained in the 2011 Localism Act allows for that to continue and flourish, where there is joined-up working between local authorities and statutory partners and others, under these new clauses. All it will mean is a discussion between two, three or four parties to see if they want to buy into an innovative idea which they will then take to the Secretary of State.

To conclude, I think the new clauses are absolutely right. The tone and the tenor of the debate in the other place was a gross distortion of what the Government wish to do. That was certainly echoed in the remarks of my noble friend Lord True, leader of Richmond Council. Chris Wright, the Chief Executive of Catch22 said:

“Rather than restricting social workers to box ticking”—

that is not saying we are taking away all the boxes, there will still be boxes to tick, of course—

“we should give them the power to build interventions based upon their professional expertise”.

This clause moves us closer to the goal of more human services that work for children and their families. The phrase “human services” certainly struck a chord with me. These new clauses should be supported. The argument deployed by the hon. Lady should be resisted most strongly.

[Steve McCabe]

I agree with the Minister in welcoming innovation in our approach to children’s services. It is something he and I have in common. We both have a history of working with children in this area, and I welcome measures designed to free up social workers to do better for children.

When a Government embark on a radical change of this nature, we normally have some kind of preparation for that change. There might be a Green Paper or a White Paper, or extensive consultation to allow us to shape what will happen. What seems to be happening—I do not know whether this is what the Minister intends—is that we are legislating without any real sense of what the pilots are designed to do and without any real description of them. In fact, the Bill does not refer to pilots at all, and for all anyone knows, they could be an exercise in exempting local authorities from long-standing primary legislation.

I accept that the notion of pilots exists in the Minister’s mind and that that is his intention, but it is not clear from what we are debating or from what we are being asked to vote on, and will not be the result of the legislative changes. I do not want to restrict or inhibit any effort at innovation, but it would be useful if he could give the Committee an explanation of why he is departing so radically from the normal approach to these changes in the way he has decided to proceed.

I have some specific questions about what will happen. We debated the three-year limit with the potential extension of a further three years, but what will happen at the end of six years? Let us suppose that a pilot is an outstanding success. Will the Minister then legislate for the change to be applied across the entire country, or will the exemption simply lapse at the end of that period? As the hon. Member for North Dorset reminded us, the Minister might not be in post forever. Let us suppose there is a change. What will happen to the policy then?

[Kate Green]

I agree that we need to know what the intention is if these pilots roll out successfully, but do we not also need to know what will happen if they roll out unsuccessfully and whether there is any scope for early cancellation of an experiment if it is harming children?

[Steve McCabe]

I entirely agree with my hon. Friend. It would be helpful if the Minister could make his intention clear to the Committee. It would be horrific if people were trapped in a failing system for three years because the legislation was passed in such haste that no one had envisaged what should be done if something went wrong. We seem to have had enough examples of that in legislation for children over the years.

I am genuinely curious to know what will happen if the pilots are successful. How will the Minister ensure that, if there is a change in the occupancy the post, what he seeks to do will continue beyond the six-year period? He mentioned the Labour pilots as an example of this not being particularly new, and that is the case, but if I remember correctly, those pilots were tied to sunset clauses that had to be renewed in legislation. I seem to recall being in this very Committee Room when he proposed a statutory instrument to enable one of the Labour pilot provisions to be converted into law.

Will the Minister say a little more about research into the pilots? I have no problem with his panel of experts. They look like people we should be able to rely on; I hope we can. As I understand it, their role will be to assess the initial offer and proposal. We need to know about the thorough examination of the pilot.

How will we know that it is a success? Presumably, we are not going to rely simply on the local authority saying, “Hey, this has worked. Isn’t it good?” Will the Minister tell us whether there will be a requirement, when the local authority introduces the measure, for it to describe exactly how the proposals are to be assessed and measured, so that the expert panel can take that into consideration? Will he also tell us whether this innovation will cover only a single local authority introducing a pilot, or is it likely that two or three local authorities in partnership could come to him with a specific proposal?

[Kate Green]

Does my hon. Friend agree that that is a particularly important question in the context of Greater Manchester, for example, where children’s services are the responsibility of each of the 10 local authorities? There may well be a wish to look across the footprint of the whole Greater Manchester conurbation when we move forward with the Government’s devolution plans.

[Steve McCabe]

I am grateful to my hon. Friend because she anticipates what I was going to ask. This proposal comes at a time when a lot of other innovation is taking place in local government. We have the proposals in Greater Manchester, Merseyside and the West Midlands Combined Authority. I am not clear how this measure would fit with a proposal from one of those authorities. I am not trying to be clever; I assume the Minister has discussed this with colleagues and some thought has been given to it. It is part of the question about what happens after three or six years. I am interested to know how the proposal would make progress. I do not want to dwell on this matter.

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[Steve McCabe]

I am grateful to the Minister. It is absolutely fair that by negative or affirmative resolution there will be an opportunity for a small weighted Committee of Members of Parliament—like all Committees, its membership will be determined by the parliamentary majority—to determine that outcome. I would not want to mislead the Committee by pretending otherwise. None the less, the crucial decision about giving the Minister a blank cheque to remove protections will be taken today by this Committee. We will find out the consequences of that decision further down the line. That is the point I am seeking to make. In my view, that is innovative, but I am not sure it is the kind of innovation I want to be associated with.

[Kate Green]

I had not planned to speak at this point, but a number of points that have come up in the past hour have raised further questions in my mind, and I hope that the Minister will allow me to explore a few of them a little more. It is important to say to all Members that no Labour Member is against innovation or the notion that we should take seriously a lot of the ideas and suggestions of local experts around local circumstances, but when it comes to child protection, we have a long history in this country of learning from when things go wrong, and it is important that we protect that learning. Much of the range of child safeguarding legislation that we have today has been a result of very dire consequences for very vulnerable children.

It is therefore important that we are mindful of what we could be unpicking, particularly given that, as my hon. Friend the Member for Birmingham, Selly Oak, pointed out, we have got a permission in advance that says, “Go off and do what you like, and then come back and tell us how it went.” That causes some concern for Opposition Members. May I ask the Minister specifically whom he sees as being accountable for the outcome of a pilot authorised by him or the Secretary of State, particularly if it has caused harm to an individual child? It is really important that the public understand who is responsible and ultimately accountable in those circumstances. As he knows, those are the most difficult, public, contentious and distressing cases; it is very important that we know where the buck stops.

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[Steve McCabe]

I do not want to get too bogged down in detail. The Minister may need time to answer this, but I am curious: if the circumstances he just described led to a court case over a care outcome, with one local authority arguing that it had never supported the exemption and the other having argued for it, how does he think that might affect the outcome of the judgment?

[Kate Green]

I am afraid I have no idea. The Minister might be able to offer his reflections on that—if not immediately, perhaps he could come back to the Committee in due course.

As well as social care, the other area where there is real interest in Greater Manchester in moving forward with a combined authority footprint is the justice system—both the criminal and family justice system. I declare an interest: I am a life member of the Magistrates Association, which has raised particular concerns and submitted written evidence to the Committee. I am very unclear what the intentions are in Greater Manchester in terms of reshaping the justice system on that combined conurbation footprint.

The Magistrates Association has rightly pointed to the useful work of Lord Laming, which highlighted the need for a much more integrated approach to young people in the youth justice system. There are concerns that such integration could be impacted if the proposed pilots do not specifically engage with the justice agencies with which those young children might come into contact. It is unclear what impact the proposals will have on the family courts and on young people in the criminal justice system.

This is my final question to the Minister. In Greater Manchester and more generally, how does he see relationships between local authorities making suggestions for innovation sitting alongside the relationships that need to exist with a whole range of other non-local authority services with which children and families come into contact? It is not clear to me what happens if a local authority says that it wants to innovate in a particular way and take advantage of exemptions from current statutory positions if other public authorities say that that really is not acceptable to them or may conflict with their statutory obligations. Will the Minister explain to the Committee how such potential conflicts would be handled?

[Edward Timpson]

I am grateful for hon. Members’ contributions to this important debate, which have, understandably, provoked a lot of discussion on the attempt in these clauses to enable local authorities to try new ways of working with the sole purpose of improving children’s outcomes. We have had an opportunity to explore not only some of the detail around the process, which is a crucial part of this House’s scrutiny, but what we are seeking to achieve, and for me, that is ultimately the main driver behind these clauses.

I should say at the outset that the principle behind this approach is not necessarily new. I spoke earlier about the social work practices under the last Labour Government, and of course there are also the provisions that were brought in in 2002 by the last Labour Government to allow for innovation in education. In many ways, the proposals before us are closely modelled on those provisions. It is helpful to have that context when discussing how we try to do in children’s services what the last Labour Government tried to do in education.

I will do my best to address the many points made by hon. Members, and apologise in advance if I am unable to remember all of them, or to scribble quickly enough to ensure that I answer every question, but I will do my best. I want to start by talking about the question around the Secretary of State’s intervention in this process. I assure the House that it is absolutely not the Government’s intention to direct a local authority to use the power against its wishes. It is really crucial that the House understands that this is a grassroots power, designed for those working most closely for children; it is for them to decide how to use it. This is not a top-down policy. It is a bottom-up policy that enables local authorities, under their own steam, to come forward with their own ways of trying to improve outcomes for local children, which will then be closely scrutinised, as has already been set out. The Secretary of State’s powers of direction arise where a local authority is not discharging any of its children’s social care functions to an adequate standard. That is where it would apply.

Hon. Members have asked why we have chosen to exclude specific duties. I want to be clear that by excluding certain duties from the scope of the power, we are not signalling the wholesale disapplication of other duties that apply. The chief determinant of whether a pilot will be granted is whether it can promote one of the outcomes that I have outlined.

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

Kate Green Excerpts

Committee Debate: 6th sitting: House of Commons
Tuesday 10th January 2017 Public Bill Committees

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

It is a pleasure to have you in the Chair this afternoon, Mr Wilson. I am sure that Committee members have been spending their lunchtimes thinking carefully about what we spoke about this morning, and wondering what more I would say this afternoon. To ensure that we make good progress, I will address the specific points made before our break.

If I understood the hon. Member for South Shields correctly, she was questioning, as part of her response, whether the principles set out in the new clause were binding. I reassure her that any use of the power may be only for the purposes set out in the new clause, and for no other reason. That will also be clear in the statutory guidance. She also raised the issue of the Human Rights Act 1998; as with all legislation, new regulations would need to be compatible with the Act. The House also scrutinises all legislation.

Other hon. Members asked about situations in which a pilot was successful—as they will be in every case, we hope—or not successful. I will take a few moments to explain those two situations. All successful pilots will be evaluated so that we understand the impact and whether there is a case for permanent changes to the legislative framework. Such evaluation will be ongoing through the process, with a full review after three years.

If seeking to extend an exemption for a further three-year term, the Government would be required to report to Parliament. That would happen where the pilot has clearly demonstrated benefits, but the Government need additional time to decide whether it would work across the country. If, following a successful pilot, the Government decide that they would like to make the change for all local authorities, all the usual process would apply, including consultation and full parliamentary scrutiny. The pilot, however, is only the first step towards helping us build the evidence base on which we may want to make further changes in future.

[Kate Green (Stretford and Urmston) (Lab)]

Will the Minister clarify whether the evaluation would be independent? A concern expressed this morning by my hon. Friend the Member for Birmingham, Selly Oak was that local authorities might be evaluating their own pilots—marking their own homework.

[Edward Timpson]

Part of the evaluation is through the expert panel, which is involved in ensuring some independent oversight of the pilot, but it would need to be evaluated locally, as well as nationally. In addition to local government, the Department will keep a close eye on the development of the pilot; I will say a little more about that later.

If a pilot is not successful, it will be monitored locally, as well as nationally by the Department, to ensure that there are no adverse impacts on children. For example, we can track the relevant performance metrics, and random case audits are a helpful tool as well. As I mentioned in answer to the question from the hon. Member for Stretford and Urmston, the expert panel will scrutinise the proposed monitoring arrangements locally and by the Department to ensure that they are robust in what they are evaluating. If the Department gains intelligence through those processes that a pilot is not working in the best interests of children, that would be investigated and acted on immediately.

All regulations can be revoked through the negative procedure at any point. To answer a question posed earlier about whether a pilot can be terminated within the three-year period, I should say that it can be revoked at any point, should that be deemed necessary. That is clear in regulation. We will also want assurance in the application from a local authority that it will end a pilot immediately if there is evidence of an adverse impact on children.

--- Later in debate ---

[Huw Merriman (Bexhill and Battle) (Con)]

It is a pleasure to follow the hon. Member for Walthamstow. I find it strange to say—she perhaps will find it strange to hear—but I am critical of the new clause because it is not ambitious enough. Rather than just talking about safeguarding and listing aspects of personal, social and health education under subsections (a) to (e)— aspects, in reality, of sex education and relationships management—I would like be bolder and enlighten and empower all our pupils in the whole sphere of personal, social, health and, indeed, economic education. In that sense, my call to the Minister is to be more ambitious and go further than the hon. Lady set out.

The hon. Lady referred to 90% of pupils wanting this form of education. I think it is 92% of pupils who want it, and they are not just referring to the limited form of education that she talked about. They want a sphere that would include economic education too. That is hugely important. Within schools, we are focusing more on mental health issues, wellbeing and preparing our pupils not only to cope with the challenges and pressures of their school surroundings, but with the challenges of the workplace and life in general. To pick up on the hon. Lady’s theme, I would like to see legislation that covers all those parameters. There is great support for that—some 92% of parents and 88% of teachers support it.

Legislation has to be properly thought about within this sphere, however, because 12% of teachers are not positive about such provision. That may be because they are concerned about their workload and want some reassurance about what may be taken out of the curriculum if this particular provision put in. I would prefer to take a thoughtful approach. I have no issue with a consultation, because it gives us the opportunity to feed in on how legislation should be formed.

I do not wish to speak further, because I am pleased and keen to hear what the Minister has to say. I reassure the hon. Lady that while I will not be voting for a new clause that is restrictive and could go much further, I am certainly behind the general thrust of ensuring that we enlighten all our schoolchildren on the wider area—an area that does not just cover sex education and relationships management, but all the challenges of daily life.

[Kate Green]

It is a pleasure to serve under your chairmanship, Mr Wilson. I support the new clause tabled by my hon. Friend the Member for Walthamstow. I am sure she welcomed the enthusiasm that the hon. Member for Bexhill and Battle displayed for a broad-based PSHE offer for young people, I am afraid I was rather chilled by his final words that the intention was enough. As my hon. Friend the Member for Walthamstow pointed out very eloquently, as long as she and I have been in Parliament—and no doubt for many years before that—that is what we have heard: the intentions are good, but nothing materialises. In the meantime, our young people are crying out for this kind of education offer.

[Huw Merriman]

Perhaps it is the lawyer in me, but I think it is important to note that the new clause says that personal social and health education

“must include but shall not be restricted”

to certain subjects. There is also a danger that this is not the greatest piece of legislation. Anyone looking at the new clause will think that they are required to teach all the things that I have added, perhaps with the exception of the economic aspect. It is not entirely clear what provision the hon. Member for Walthamstow is trying to restrict—or widen.

[Kate Green]

I find the whole sentiment behind this discussion rather disappointing. I think it is very clear what the concerns of young people, parents and teachers are and why my hon. Friend the Member for Walthamstow has tabled the new clause. She, of course, can speak for herself. Of all my colleagues, I think it is fair to say that, but may I say on her behalf that if this proposal is not perfect, we are amenable if the Minister wishes to produce something better, but we want it now. We have waited too long for something to happen, as opposed to warm words and expressions of enthusiasm.

The hon. Member for Bexhill and Battle is absolutely right to point to the importance of the debate in the context of all the attention the Government are giving to mental health and wellbeing. If we look at the record of previous Governments, including the coalition Government and the present Government, on a whole lot of related issues, it seems a great shame that we are not supporting those steps forward, which have been made with cross-party support in relation, for example, to female genital mutilation; in relation to stalking, which will be the subject of amendments in Committee later this afternoon; and in relation to coercive control, mentioned by my hon. Friend the Member for Walthamstow; in relation to same-sex marriages; and in relation to the very good follow-up which has been put in place following some of the appalling child sex scandals of recent years. It is tragic that the Government and previous Governments, having made great social steps forward in all those areas, are unwilling to underpin them with really good education for our young people so that they can understand their rights under that legislation.

[Stella Creasy]

I always stop my hon. Friend when she gets going at my peril because she is such a powerful advocate. Can I give reassurance to the hon. Member for the constituency which I cannot think in my head right now but I am sure is a wonderful place?

[Stella Creasy]

That’s it—a lovely place. Personal and social education is already part of the curriculum, but what we have seen over the past couple of years is a diminution in time allocated to it. The new clause would make the provision of lessons on these particular issues part of the safeguarding element that is inspected, and so prompt schools to ensure that these issues are covered. That does not preclude any of the points that have been made and the wider debate we can all have.

There is cross-party consensus about the value of PSHE and concern about the diminution in its delivery over the past couple of years. However, the measure would ensure that these subjects were part of the framework on which schools were inspected. If they were not providing lessons and guidance on these issues, that would be a matter for failing by Ofsted.

Ofsted looks at the provision of sex and relationships education, as we have seen, and has shown that it is of poor quality in many schools right now. However, at the moment it is not part of the safeguarding duty that they inspect. By making it part of the safeguarding duty, the measure gives Ofsted stronger powers to push schools to do it. It is not about PSHE being restrictive—the hon. Member for Bexhill and Battle is reading the proposal in quite a literal way—it is about Ofsted’s powers. If the hon. Gentleman wants to have a conversation about Ofsted, I would be happy to talk to him, but I suspect it is beyond the scope of today’s debate. I hope that reassures all my colleagues as to why we want to make sure that these particular topics are covered.

[Kate Green]

I am grateful to my hon. Friend. I want to pick up the point that the hon. Member for Bexhill and Battle made about teachers’ confidence in dealing with this subject. As my hon. Friend has explained, in embedding in the inspection regime an expectation that safeguarding standards are part of the way in which the curriculum is delivered, we create a need to ensure that teachers are properly equipped to teach that curriculum. That will have an effect on what is taught in teacher training colleges and on teaching practice. It will have an effect on the way in which schools organise, manage, support, mentor and develop their staff and on the way in which staff time is allocated, to ensure that teachers are able to teach the subject properly.

From talking to teachers, I do not think that their worry about this subject is so much about whether or not they have time to do it—they think it is important and want to make the time—as about a fear that they do not know how to do it. It requires proper attention to equip and educate them to deliver top-quality teaching.

We know that quality is an issue. My hon. Friend pointed out that one in seven children are receiving no sex and relationships education at all. Of those children who are receiving such education, half told the Terrence Higgins Trust in research it carried out that the teaching they received was poor or even terrible. There is little point in offering a poor or terrible education to our children. We have to raise the quality. That is not an excuse for doing nothing. It is an excuse for embedding firmly an expectation and an obligation on schools, along with an inspection regime to ensure that they meet it.

I am troubled that despite all the social progress we have made in my adult lifetime, and particularly the immense progress in relation to equality between women and men, young people’s attitudes to relationships between the sexes remain primitive in so many ways. We have seen shocking research in recent years, which has shown that young men and young women—teenagers—believe it is acceptable, for example, for a boy to hit his girlfriend if he sees her talking to another bloke or for a man to expect the woman in a partnership to put food on the table when he wants it.

The fact that those attitudes should still be pervasive among young people shows that there is a very real need to educate them in relation to not only in the biology of sexual relationships, as my hon. Friend said, but on the much broader dimensions of respect and equality. We have delivered those things in so many other ways—in legislation and social practice—but they need to be underpinned in our education system.

I want to conclude by saying, on my behalf if not on behalf of my hon. Friends, that if the Minister thinks the new clause is deficient, I insist he introduces something else as a matter of urgency. We would be happy to consider that. As my hon. Friend said, time is running out. If such a proposal is not available in Committee or on Report, there is no further chance to achieve the intention that is constantly expressed in this House and which is the will of the House and the wider public: to do so much better than we do now. I look forward to hearing what the Minister has to say. Without strong assurances that things will now change, I am pleased to support my hon. Friend’s new clause.

[Simon Hoare]

I am the father of three young daughters of eight, six and four. The moment I am dreading is when they start asking what we used to call “those questions”. I am rather hoping my wife will be on hand. I am sure she will then promise to give me some sex education after she has dealt with the children.

This is such a complex and complicated issue, as the hon. Member for Walthamstow set out. I rise to make a few remarks against the backdrop of having attended a faith school and as a practising Roman Catholic. My wife is a member of the Church of England, but my children are Catholics. I very much support what lies behind the hon. Lady’s new clause. I see nothing contradictory in being a practising Christian and wanting to ensure our next generation is equipped with as much resource and education as possible for the challenges that face modern youth—challenges that I, as a 47-year-old, could never have envisaged when I was 14, 15 or 16.

I remember the acute embarrassment—teenagers like to do this to their teachers—when we had a spinster nonconformist Methodist biology teacher in a Catholic state school who was asked by a friend of mine during this biology lesson—one where we had those pictures that were never quite clear anatomically—“Miss, what does a man do if he wants to have sex, but they do not want to have a child?” He knew full well what the Catholic teaching was on artificial contraception, but it threw this nonconformist spinster into an absolute tailspin and her answer was, “I think you should go to talk to the school chaplain”—she did not know how to answer. So it is as much about educating the educators as it is educating those who need the information.

The hon. Member for Walthamstow has been in this place longer than I, and I am reluctant to give her any advice about it—the new clause, that is, not anything else—[Laughter.] Before my hon. Friend the Member for Faversham and Mid Kent chips in with anything slightly “Carry On Laughing” or whatever, I think there are some omissions between 2 (a) and (e). For example, it is important to have something about transgender. Likewise, while the hon. Lady said at the start of her remarks that this was not solely about digital, given its huge impact on perception, the curriculum should include an element on digital and the internet.

We have all bandied statistics around, but I remember reading that today most teenage boys that have accessed pornographic websites, just out of interest and teenage curiosity, actually believe that most women do not have pubic hair. That is a direct bit of education from the internet that affects the mindset and changes how we think about ourselves and our potential partners in a relationship.

I also notice—and it slightly belies what has actually been support from my hon. Friend the Member for Bexhill and Battle and I hope, certainly in theory, from the Minister—that the new clause is tabled solely in the name of Labour Members of Parliament who all happen to be women. This is an issue that should command cross-party support and certainly representation from both sexes. A father, a husband and a boyfriend have as much interest in ensuring a high quality of PSHE as women do. The hon. Member for Walthamstow might want to think about that point, which is why I hope that she will not press this new clause to a vote today but instead think about some proactive cross-party working on Report. That is not to kick the issue into the long grass; it would just help to create a better base.

Some wording—some form of protection—is needed for those who run faith schools, all faiths, to make the position absolutely clear. I have little or no doubt that I will receive emails from constituents who happen to read my remarks. They will say that this is all about promotion, and this or that religion thinks that homosexuality—or another element—is not right. So to provide a legislative comfort blanket, for want of a better phrase, the new clause needs to include a clear statement that we are talking not about promotion, but about education, and where sex education is delivered in a faith school environment, those providing the education should not feel inhibited about answering questions such as “What is the thinking of our faith on this particular aspect of sexuality?”

--- Later in debate ---

[Mrs Lewell-Buck]

I shall speak in support of new clause 12, tabled by my hon. Friend the Member for Birmingham, Selly Oak, and my new clause 20.

As it stands, there is a clear inconsistency in the law, where children in stable foster placements can stay with their foster families until the age of 21 under the terms of staying-put arrangements introduced by the Children and Families Act 2014, but similar provisions do not exist for those in residential care. I am sure that the Minister agrees that that is simply unacceptable. We cannot have a two-tier system under which those in foster care receive more comprehensive support from the state, their corporate parents, than those in residential care.

I know that the Department for Education is in discussion with key organisations on this matter, and that the Minister is aware that children in residential care often have complex needs and require an immense amount of support. I have no doubt that he is also aware that safe and secure housing is key to improving life chances, especially for some of our most vulnerable children, yet more than often that is not the case. Care leavers have disproportionately poorer outcomes compared with other young people; 40% of care leavers are not in education, employment or training compared with 14% of their peers. The Government’s own figures show that nearly one in five care leavers aged 19 to 21 were in accommodation that was considered either unsuitable or that suitability was not even known. I am sure that the Minister would want to use the Bill to take every opportunity to improve life chances and outcomes for those care leavers, and whenever he did so, he would have the support of all us in this room, because safe and stable accommodation is a basic human need and the starting point for providing young people with absolutely the best beginning in life.

The statistics on the number of care leavers who come into contact with the criminal justice system in comparison with those in the general population are heart-breaking. According to recent figures, the offending rates for looked-after children in England are now four times those for of all other children. For those who end up in prison, a recent study by Her Majesty’s inspectorate of prisons found that 27% of young people in the young offender institutions it surveyed had previously been in care. When female young offenders were looked at, that figure was up to 45%. It is clear from those figures alone that the current legislation is failing care leavers. One of the factors that is known to give them a better chance in life is to ensure that they all have suitable and stable accommodation.

Local authorities have a duty to ensure that there is sufficient accommodation for looked-after children in their area. New clause 20 would introduce a similar duty to ensure

“sufficient…accommodation for all care leavers up to age 21.”

The Bill requires local authorities to consult on, and publish details of, their local offer to care leavers, setting out the support available for areas such as education, health, employment and accommodation. However, the local offer, as currently drafted, does not go far enough. It requires only that local authorities state publicly what they already provide, and there is no duty on them to ensure that the provision in their area meets local need. There is also no evidence, as we discussed earlier—that the local offer for SEN introduced in the Children and Families Act 2014 has made it more likely that relevant needs are met.

Many care leavers have had to deal with enormous trauma, instability and disruption in their young lives before they have learned the coping skills to deal with the impact of their experiences. That is why so many children growing up and leaving care have related mental health issues. It is absolutely vital that we support these young adults by offering them the stability of safe and secure accommodation. I want the Minister to explain to the Committee what he is going to do to remedy the inequality between children in foster care and children in residential care, and to ensure that the accommodation needs of every single one of our children leaving care are met, and met appropriately.

[Kate Green]

I just want to say briefly that I support both new clauses tabled by my hon. Friends. In introducing the Staying Put legislation for young people in foster families, the Minister took a big step forward. I have seen the benefit of that in my constituency, including the fact that it has put pressure on the whole system to facilitate keeping those young people in the families that have been providing the foster care, including ensuring that the financial arrangements to support housing costs are consistent with the Staying Put legislation. I have had casework where a foster parent has come to me to say that she faced a cut in the household housing benefit, and we were able to push back on that to enable the young person to stay in the foster home post-18.

That is a really important lesson, if I may say so, in relation to young people leaving residential accommodation. We know that there have been very difficult conversations going on over the last year or so relating to financial support for supported accommodation, as referred to by my hon. Friend the Member for Birmingham, Selly Oak. The Government have delayed, on two occasions, changes to housing benefit as they would apply to supported accommodation, but delay is not a long-term answer to what is putting huge uncertainty into the circumstances in which housing providers of that particular kind of accommodation are able to plan for the future. We could send a really good, useful signal in this legislation about the need for proper, strategic underpinning of accommodation for young people whether they leave foster care or residential care. We need to provide continuing housing support for them as young adults. This legislation is an important opportunity to reinforce that as our starting priority, which is the best interests of those young people.

I hope that the Minister will respond favourably to both new clauses. I think that he did a very good thing with the Staying Put legislation and it would be good to see that extended to the benefit of all looked-after, and formerly looked-after, young people so that we can really do everything. As my hon. Friend the Member for Birmingham, Selly Oak said, we should, as corporate parents, do what parents would do for their own children.

[Edward Timpson]

I am grateful to hon. Members for tabling these new clauses. They would place a duty on local authorities to secure sufficient accommodation for care leavers up until the age of 21 and would extend the existing Staying Put duty to those children leaving residential children’s homes. I understand the purpose behind both the new clauses and agree that care leavers should be supported to access the accommodation they need.

As a backdrop, it is worth going to the start of these Committee sittings and remembering some of the other aspects in the Bill in respect of corporate parenting principles, the care leaver offer and the extension of the personal adviser to every care leaver up to the age of 25 when requested. This is not an area where we have been neglectful. On the contrary: we are the first Government I am aware of who have managed to pull together a comprehensive cross-Government strategy on care leavers and get commitment from a whole range of Departments in areas where we know care leavers particularly require help and support.

I remind the Committee that local authorities are already responsible for providing suitable accommodation to all care leavers aged 16 to 17. When care leavers reach age 18, local authority leaving care teams are responsible for helping care leavers access suitable accommodation. Their new home must be suitable for their needs and linked to their wider plans and aspirations—for example, living close to work or college.

The tapered support offer that already exists for care leavers, which clause 3 will strengthen, is designed to help move young people away from dependence. The corporate parenting principles we are introducing in clause 1 will also ensure that local authorities remain focused on providing appropriate support as care leavers move to independence.

When a care leaver is homeless or at risk of homelessness, the homelessness legislation provides strong protection for them. Local housing authorities have a statutory duty to house care leavers under the age of 21 if they become homeless and people over 21 who are vulnerable as a result of being in care. Statutory guidance for councils also makes clear that those leaving care should be treated as a priority group for social housing.

The Government recognise the importance of improving practice and are funding the homeless charity St Basils to work with local authorities to improve joint working between children’s and housing services, to help them develop accommodation pathways for care leavers that provide a range of options, reflecting care leavers’ readiness to live independently. The Government are also supporting the private Member’s Homelessness Reduction Bill, which will place duties on local housing authorities to provide targeted information and advice for care leavers on preventing homelessness.

Another accommodation option for young people leaving foster care—it has already been mentioned—is Staying Put, which we introduced in 2014. That enables young people to stay living with their former foster carers where that is what they both want. The latest data show that, encouragingly, more than half of 18-year-olds who were eligible for Staying Put are now choosing to do so.

New clause 20 would extend Staying Put to young people leaving residential care. I completely agree with the hon. Member for Birmingham, Selly Oak that those young people should have the same opportunity as those in foster care to maintain relationships with their former care givers. That is why earlier this year, after the research that the hon. Gentleman mentioned from the NCB and others, we asked Sir Martin Narey to conduct a review of residential care. Like the hon. Gentleman, Sir Martin believed that simply extending the Staying Put duty to those leaving residential children’s homes was not the right answer and that the Government should test variations of Staying Close—I am afraid we are back into innovation territory—as an alternative to Staying Put for those leaving residential care. In July, we accepted his recommendations and committed to introducing Staying Close for all those leaving care through that route.

We are not biding our time. On 21 December, we invited local authorities to bid to run pilots, through which we will learn what works to deliver Staying Close, as recommended by Sir Martin Narey. We will use that information to make sure that the future roll-out is fully effective and properly targeted.

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

Kate Green Excerpts

Committee Debate: 7th sitting: House of Commons
Thursday 12th January 2017 Public Bill Committees

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

I beg to move, That the clause be read a Second time.

It is a pleasure to serve again under your chairship, Mrs Main. The new clause would place a duty on all public authorities to have due regard to the United Nations convention on the rights of the child when exercising all their functions. It would require public authorities to determine the impact of local service provision and decision making on the rights of children, and would provide a framework for public service delivery in relation to children.

Just last year, the UN Committee on the Rights of the Child, in response to the fifth periodic report of the United Kingdom of Great Britain and Northern Ireland, urged the UK to introduce a “statutory obligation” to consider children’s needs

“when developing laws and policies affecting children,”

because at present the Government have failed to give due consideration to the UNCRC when developing legislation. The UN committee found numerous examples of where children’s views were not systematically heard in policy making or by professionals, and where there was a lack of a statutory obligation systematically to conduct children’s rights impact assessments. It is little wonder, then, that we have ended up in a situation in which just under 4 million children in the UK live in poverty, or in which in England there are more than 70,000 homeless children, many of whom live in squalid temporary accommodation, or that we have seen reports of our children being among the most unhappy in the world.

The UK ratified the treaty in 1991, but has never gone so far as to enshrine it in domestic law. Instead, it has taken a sector-by-sector approach to implementing the convention. The UN committee has rightly said that the Government must do more. It has called on them to expedite

“bringing…domestic legislation, at the national and devolved levels…in line with the Convention in order to ensure that the principles and provisions of the Convention are directly applicable and justiciable under domestic law.”

Incorporation through a duty on public authorities should enable the provisions of the convention on the rights of the child to be directly invoked before the courts, and ensure that it will prevail where there is a conflict with domestic legislation or common practice.

This approach also has the approval of the Joint Committee on Human Rights, which says that it would like the convention to be incorporated in UK law in the same way as the European convention on human rights has been incorporated by means of the Human Rights Act 1998—an Act that is under threat from this Government.

It is staggering that in Wales and Scotland a totally opposite approach has been taken. Instead of taking away children’s rights, Wales and Scotland have built on them, giving some statutory recognition to the convention. In Wales, Ministers are under a duty to consider or give due regard to children’s rights; and in Scotland, public authorities are required to report on steps that they have taken to secure children’s rights. It is clear that we lag behind our neighbours when it comes to legislative protections for children’s rights. It is wrong that they are becoming a postcode lottery. They should be offered universally, and we should be leading the way.

This topic was fastidiously debated in the other place at every stage of the Bill’s passage. The debates highlighted topics ranging from legal aid to deprivation of family environment to having a child’s best interests as the primary consideration. The topics covered every single right open to our children, and the Hansard transcripts show why that is so important. Although the Lords amendment was ultimately withdrawn after a commitment from Lord Nash to consider what further steps could be taken to embed consideration of children’s rights, UNICEF, the Children’s Rights Alliance for England and Labour Members feel that that falls far short of a robust and systematic approach to implementing the CRC.

The Minister will be aware that in 2010 a ministerial commitment was given that due consideration would be given to the UNCRC in all new legislation, that Cabinet Office guidance has been rolled out, and that recently the Department for Education’s permanent secretary has written to all other permanent secretaries regarding their obligations to the CRC. Last October, the Minister himself laid a statement urging all Departments simply to reflect on the committee’s concerns. However, the reality remains that a recent report by the Children’s Rights Alliance for England showed that only two of all the Government Departments were able to show how the UNCRC had developed policy or decision making.

The UNCRC is a groundbreaking treaty that acts as a creed of children’s rights. It is designed to promote the protection of our children worldwide. It is important to acknowledge those rights within the Bill, because they are too often overlooked or systematically violated in the UK. Children in our country are going without adequate food, clothing, housing and warmth—basic human rights.

In recent years, we have seen dramatic changes in the political landscape. The UK’s decision to leave the EU has cast doubt on the continued enjoyment of many rights and entitlements and created uncertainty. If we do not act now and accept this new clause, we are saying we are happy with the status quo. In other words, we are allowing legislation to continue to be made that does not adequately protect and promote children’s rights. In fact, we are often allowing legislation that does the exact opposite. I hope Committee members will agree to the new clause.

[Kate Green (Stretford and Urmston) (Lab)]

I want to add a few remarks in support of the new clause, to which I added my name.

The recent conclusions of the UN Committee on the Rights of the Child identified where the UK has so far failed to put effective law, policy and resources in place to protect and promote children’s human rights. The report of the Joint Committee on Human Rights on the Bill also concluded:

“the Government’s assertion that legislation is already assessed for compatibility with the UNCRC is not borne out by the evidence.”

I am aware of concessions made by the noble Lord Nash during the passage of the Bill in the House of Lords, including commitments to raise awareness of the convention through Civil Service Learning and to hold a roundtable with civil society organisations over the course of this year. However, those commitments do not go far enough. They will not have the impact of a due regard duty in strengthening compliance with the convention across the board.

What Opposition Members are asking for is very simple. In order to ensure that a systematic and robust accountability mechanism is in place to take account of and protect children’s rights now and in the future, we need to embed these rights within our own statutory body. We have these commitments under international law. We made them many years ago, as my hon. Friend the Member for South Shields pointed out. We profess to take them seriously in policy development, so I cannot see why we would not be prepared to reflect them in statute and to ensure accountability if the commitment is not borne out in practice.

Political commitments by this Minister and this Government will not be enough. Children cannot be put at risk by political cycles. Responsible Governments have to build on a framework of legislation that protects children for not only today but the future. Paying due regard to the UN convention sends a signal worldwide that we want to be better as a country at protecting children, and that means we are in a strong position to use our international influence with others while improving things at home.

A national approach to strengthening children’s rights is a crucial foundation for ensuring every child everywhere can have a better life, but equally important is ensuring that those agencies children encounter on a day-to-day basis are also driven by respect for children’s rights. Rights become most real for children at the local day-to-day level, in their homes, in their schools—I have seen some immensely impressive examples of rights-respecting schools—in their communities and through their contact with local services and practitioners.

A children’s rights framework such as the one created by the new clause would embed the convention in children’s services and other public authorities working with children and families, no matter where they are. It would enable public authorities to better safeguard, support, promote and plan for the rights and welfare of children in their area.

I would like to know what evidence the Government have that there would be difficulties with incorporating the convention into UK statute, that it would not be effective to do so or that it might turn out to be a box-ticking exercise. If the Minister has such evidence, perhaps he will put it before the Committee. My view is that the implementation of such a duty at a national level would rest with the Government and that ensuring that it is more than just ticking a box is therefore in their hands.

If the Government insist on pursuing a non-legislative approach to children’s rights, will the Minister commit to introducing a comprehensive child rights framework across Government to improve on the current commitments and set out how that framework could have the same effect as a due regard duty? We need to understand how and, importantly, when such a framework will be introduced to ensure that children’s rights are not forgotten once the opportunity presented by the Bill has passed.

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

I am grateful to Opposition Members for raising the important issue of the United Nations convention on the rights of the child, to which the Government are fully committed. We have already taken and continue to take steps to raise awareness of and strengthen action to promote the rights that the convention contains, as well as the safety and welfare of children more generally. Implementing the UNCRC has been a continuous process by successive Governments since its ratification in 1991, and we must never cease to look for new and better ways of promoting the rights and interests of children. However, the question is what the best way to achieve that is and what will have the most impact on changing behaviours and improving the way in which we consider children’s rights in policy making.

The Government do not believe that introducing the duty set out in the new clause is the right way to achieve those goals. As has been mentioned, a UNCRC due regard duty was debated in the other place, where Lord Nash set out clearly the Government’s position and why we think that such a duty is not the best way forward.

Our commitment to the UNCRC is already reflected in legislation. For example, the Children Acts 1989 and 2004 set out a range of duties to safeguard and promote the welfare of children. Section 11 of the 2004 Act places duties on a range of organisations, including local authorities, the police, health services and a variety of other agencies, to ensure that their functions and any services that they contract out to others

“are discharged having regard to the need to safeguard and promote the welfare of children”,

which is one of the key rights set out in the convention. In 2013, we issued statutory guidance to directors of children’s services that requires them to

“have regard to the General Principles of the United Nations Convention on the Rights of the Child (UNCRC) and ensure that children and young people are involved in the development and delivery of local services.”

Recent legislation in the area—particularly the Children and Families Act 2014, which I took through the Bill Committee, as well as many aspects of this Bill—provides further examples of how we constantly seek not only to protect children’s rights but to enhance them. Ofsted plays a role in assessing the experiences of children and young people and testing the quality of support through the single inspection framework. The Children’s Commissioner has a statutory function of promoting and protecting the rights of children, having particular regard to the UNCRC. Those responsibilities and powers were strengthened in the 2014 Act.

So there is a lot in place already, but I agree with Opposition Members that there is more we can do. There is no doubt that introducing a duty is one of those options. The hon. Member for South Shields spoke about Scotland and Wales. Although they have ratified the convention, they have not incorporated it into their domestic law, as is the case in England. Both have more recently gone down the route of a “having regard” duty, but they have chosen significantly different approaches and it is still too early to understand fully what the consequences of those different approaches will be. However, I will continue to look carefully at their emerging impact and, having assessed that, will remain open-minded about the right way forward in due course.

Although we are not persuaded that the duty is the right approach, we agree on the need to focus on changing the culture so that officials and practitioners think about children and their rights as an integral part of their everyday work. In many ways, that is the concept behind the corporate parenting principles set out in clause 1. I want those who work with children, particularly those who work with the most vulnerable children, to recognise that that concept is a moral imperative and see the benefits of better policy and delivery that it will bring. As was pointed out by the hon. Lady, we issued a written ministerial statement in October last year. It is about changing culture across Government at both the national and the local level. We also responded to the UN’s concluding recommendations through that WMS and a letter from the permanent secretary to his counterparts across government. We are determined to follow through with a number of other significant measures designed to embed children’s rights in Whitehall and beyond.

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We will, of course, continue to discuss and review progress with relevant non-governmental organisations as well—this cannot be the preserve of Departments alone—while also continuing to observe and assess the results of those various approaches to implementing the UNCRC, in particular in Scotland and Wales. As I said, we will keep an open mind on where we may be able to go further in the future. I hope that our comprehensive piece of work, hitherto unprecedented by a Government, will embed the UNCRC as deeply and as broadly as possible across government nationally and locally and that it will provide the reassurance that hon. Members are looking for.

[Kate Green]

I am very encouraged by much of what the Minister is saying and by the additional work to embed a framework to protect children’s rights. If, having done that and evaluated its effectiveness, the Minister thinks it is a very short step to adopting fully a duty to have due regard in law, would he be willing to consider doing so?

[Edward Timpson]

I have said that the process is ongoing. It has developed over many years, with Governments taking different approaches but all trying to improve our ability to respond to the convention in how we carry out domestic law in this country. I do not see that that process will ever have an end, so of course we need to remain open-minded about where we go in future. As things stand, we have set out a comprehensive programme of work, which gets to the heart of what will make a difference: that those charged with the responsibility of making or delivering policy have, at heart, an understanding and appreciation of children’s rights and an ability to have them at the centre of their thinking. I hope that that gives the hon. Member for South Shields a sense of the strong commitment of the Government to the UNCRC. I also hope that she will withdraw her amendment.

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[Mrs Lewell-Buck]

I beg to move, That the clause be read a Second time.

The new clause would ensure that effective work is undertaken with families so all safe family options are explored at an early stage of intervention. I know that some social workers already do that—I was one of them—but the introduction of a 26-week timetable for care proceedings and strict case management guidance for courts means that once care proceedings are under way, it can sometimes be too late for potentially suitable kinship carers to be considered and assessed.

I recall receiving a case where multiple family members had not been approached to care for a child who had been in foster care for two years and in multiple placements. The plan for that child, which the court had indicated it approved of and all parties in the proceedings bar the parents agreed upon, was adoption. I appeared before the court and pleaded with the judge for the proceedings to be halted to allow for proper family exploration. It turned out that there were suitable family members, and after intensive and complex work, that child was able to go and live with extended family and maintain contact with their wider family.

The new clause would make that kind of work standard, saving unnecessary heartache and pain and the disruption that can be caused by fostering and care proceedings, not to mention the staggering cost to the public purse. The absolute worst case scenario of a child being adopted when there are family members who are willing to love and care for them might also be avoided.

In answer to a recently parliamentary question, the Minister revealed that 73% of children in a kinship care foster placement had previously experienced a looked-after placement. Although we do not and cannot know the circumstances of every child in that cohort, that means that 73% of children in kinship care may have gone through being removed from their parents—their primary carers—and placed with strangers when there were family members out there who were willing to care for them.

If more extensive work had been done by children’s services, such as offering family group conferences or investigating wider families, such traumatic events for children could and would have been avoided. Leeds City Council is leading the way in demonstrating the benefits of family group conferences, but the Family Rights Group has found that 25% of local authorities neither run nor commission such conferences, and among the 75% that do, Leeds is unusual in routinely offering them.

Sir James Munby, the president of the family division, recently said that the care system was

“facing a crisis and, truth be told, we have no very clear strategy for meeting the crisis.”

Child protection inquiries are increasing, and the number of new care proceedings, which is at a record level, continues to rise. New care applications increased by 21% between April to November 2015 and the same period in 2016. As of March last year, there were more than 70,000 looked-after children in England—the most since 1985. Those numbers suggest that we are missing opportunities to safely avert the need for some children to come into care. Placing a child in care, even when it is for their own protection and completely the right thing to do, can have a profound impact on their mental and emotional wellbeing, not to mention their overall development. It always should be a last resort. If we agreed to the new clause, the premise that it is a last resort would only be strengthened.

[Kate Green]

I rise to add briefly to my hon. Friend’s remarks. The Minister will be aware of the rise in the number of care proceedings initiated—my hon. Friend alluded to that—and the disparity in outcomes for different ethnic groups. There are much higher instances of children from certain ethnic backgrounds being in care compared with the population as a whole.

I particularly draw the Minister’s attention to the appalling outcomes for Gypsy, Traveller and Roma children. I have been looking at the figures for March 2011 to March 2015. They show that the number of looked-after children from Irish Traveller backgrounds rose from 50 to 90. The number is small, but the increase is large. For Gypsy and Roma children, the number rose from 90 to 250 children over that period. That is an increase of 177% in the number of Gypsy and Roma children in care, which is shocking when compared with the overall rise in the number of children in care.

Gypsy and Traveller family networks are exceptionally strong. Family is very important to those communities, so it particularly concerns me that we are seeing such high numbers of those children being taken into care when it seems likely that family members could in many cases provide suitable care for those children. That would enable them to maintain links with their communities, heritage and families.

While I appreciate that we are talking about a small number of children in the grand scheme of things, it is a vulnerable group of children who suffer particularly poor outcomes. I hope that the Minister will acknowledge the opportunities that exist for family care for those children and undertake to look with colleagues at what can be done to improve their chances of remaining in family care.

[Edward Timpson]

The new clause would insert a new subsection into section 47 of the Children Act 1989. My understanding from what the hon. Member for South Shields said is that the first part of the new clause would require local authorities to

“identify and consider the willingness and suitability of any relative, friend or other person connected with the child”

who may need to become looked after before starting formal care proceedings. I agree that children and young people should be supported to maintain relationships with relatives and friends where that is possible and in their best interests. Such relationships are often crucial in providing continuity and preserving the child’s sense of belonging to a wider family network.

The statutory guidance already requires local authorities to consider relatives and friends as carers at every stage of the decision-making process. Section 22C of the 1989 Act provides that where a child is looked after and not able to live with a parent or other person with parental responsibility, local authorities must give preference to a placement with an individual who is a relative, friend or other connected person. The individual must be a local authority foster carer in order to ensure that they can provide the high-quality care and support that the child needs.

The court orders and pre-proceedings statutory guidance and the care planning, placement and case review statutory guidance, which accompany the 1989 Act, reinforce that position. Local authorities must demonstrate that they have considered and, where appropriate, prioritised family members at each stage of the decision-making process and at the earliest opportunity. In addition, existing secondary legislation allows local authorities to place a looked-after child with a relative, friend or other person connected with the child for up to 16 weeks, even if that person is not a local authority foster parent. That allows the child to be placed with that relative, friend or other connected person until they become a local authority foster parent or other more permanent arrangements can be made. In such circumstances, the local authority must have assessed the suitability of the relative, friend or connected person and be sure that the arrangements will safeguard and promote the child’s welfare and meet the child’s needs as set out in the care plan.

The second part of the new clause would require local authorities to offer a family group conference to those with parental responsibility for the child before starting formal proceedings. The court orders and pre-proceedings statutory guidance is clear that local authorities should consider referring the family to a family group conference service if they believe there is a possibility that the child may not be able to return to their parents. Promoting the use of interventions at the pre-proceedings stage is important, and we are committed to doing so. For instance, we have previously funded the Family Rights Group to develop family group conference services, working with local authorities across the country, including North Yorkshire, Essex and Lancashire. We have also provided £4.85 million of funding to Leeds City Council, as the hon. Member for South Shields referred to, through the children’s social care innovation programme, to embed restorative practice across its children’s services, including by introducing an entitlement to family group conferences.