Unregulated Accommodation: 16 to 17-year-olds

Kerry McCarthy Excerpts

Tuesday 15th October 2019 Commons Chamber

[Andrew Selous]

The hon. Lady is absolutely right. Why should the duty of care fall only on the police and not on the sending local authority or on the home itself? She makes a pertinent point.

It is also completely unacceptable how little information is shared between sending and receiving local authorities, and between sending and receiving police forces. All local authorities have a statutory duty to check the standard of provision in which they are placing their vulnerable 16 and 17-year-olds.

Thirty-four locations in Bedfordshire are providing unregulated supported living for 16 and 17-year-olds. Central Bedfordshire Council has a quality assurance manager, Sharon Deacon, who will not place the council’s own children in many of those homes, and her role has been commended by the Howard League for Penal Reform.

It is extraordinary that other local authorities continue to use much of this provision when Central Bedfordshire Council will not place its own children in these unregulated homes. Those sending local authorities, in many cases, do not even bother to check whether the provision is suitable, which is vital. Sharon Deacon has conferred with her counterparts at Bedford Borough Council and Luton Borough Council, and sending authorities do not always notify the hosting local authority in Bedfordshire about the children they are sending to the county, as required by the Care Planning, Placement and Case Review (England) Regulations 2010, so the current law is not being adhered to and there are no checks or enforcement actions in respect of those breaches.

[Kerry McCarthy (Bristol East) (Lab)]

The hon. Gentleman is being generous in giving way, and he raises some important points. For some time I have been pushing for a regulator of supported housing for people with addictions and the homeless. I have a high-profile property in my constituency where, again, the local council does not send people but outside local authorities do.

I have secured a meeting with the Minister soon, and I am working with my hon. Friend the Member for High Peak (Ruth George). I would appreciate it if we all worked together on this issue.

[Andrew Selous]

I look forward to working with Members of good will on both sides of the House to get this right. This is not a party political issue, and we just have to get it right for children, for police forces and, frankly, for the taxpayer.

Sending police forces do not notify Bedfordshire police of the criminal records of the children concerned. One young arsonist was sent to my constituency without any prior notification to Bedfordshire police, which is simply unacceptable. There should be a full exchange of information between both local authorities and police forces on the quality of provision and the children concerned.

The Select Committee on Education published a report on 16-plus care options in July 2014, and it made the following recommendation:

“There are measures to ensure the quality and safety of settings for children and young people right across provisions: childminders, foster carers, residential children’s homes, secure training centres, schools, sixth form colleges and further education colleges are all inspected. Yet accommodation that falls within the category of ‘other arrangements’ is not subject to individual regulatory oversight. What makes this distinction all the more illogical is that the 22% of looked after 16 and 17 year olds who live in such accommodation are among the most vulnerable young people in society. It is unacceptable for these young people, still legally defined as ‘children’ and in the care of their local authority, to be housed in unregulated settings.

We recommend that the DfE consult on a framework of individual regulatory oversight for all accommodation provision that falls within the category ‘other arrangements’ to ensure suitability while allowing for continuing diversity of provision.”

The Government of the time did not accept that recommendation, but I am hopeful that the current Government will because members of the Select Committee who wrote that report include the Foreign Secretary, the Minister for Universities, Science, Research and Innovation and the Under-Secretary of State for International Trade, my hon. Friend the Member for Beverley and Holderness (Graham Stuart).

Five and a half years later, progress on this issue has been too slow. The Department for Education met Ofsted and the Society of Local Authority Chief Executives and Senior Managers on 13 December 2018, and I met the previous Children’s Minister, accompanied by the assistant chief constable of Bedfordshire police and officers from Central Bedfordshire Council, on 27 February 2019. I had a follow-up meeting with the Minister, accompanied again by the assistant chief constable, on 24 June, and I know that Sir Alan Wood hosted a roundtable to look at this issue on 11 September. It is now time to act, as we have all the evidence we need that local authorities are unwilling or unable to provide the necessary level of scrutiny of these unregulated homes.

Many providers of unregulated accommodation have been allowed to get away with unacceptably low standards, which have horrific consequences for some of the country’s most vulnerable children, because of a lack of scrutiny. Given that the current attempts to ensure standards have failed, it is now time for Ofsted to provide proper regulatory oversight. We also urgently need a fit and proper person test, so that the directors of the businesses that run these homes can be held to account personally. We need a duty on sending local authorities and police forces to notify receiving local authorities and police forces.

Of course, we need to work on providing more good- quality provision, especially for those with complex needs. The Local Government Association reports that the number of looked-after children reached a new high of 75,420 in 2017-18. That is an average of 88 children entering local authority care every day. A rising proportion are over 16—the figure was 23% in 2018, which was 17,330 children. The LGA also points out that only 28% of accommodation is local-authority-run, with 5% being run by the voluntary sector and two thirds provided by the private sector. This means that as the scale of need grows, it becomes even more urgent to rapidly improve the quality and quantity of provision.

We should mandate the implementation of the Philomena protocol brought in by Durham police to provide police forces with the very best information to help them quickly locate missing children. I am also grateful to Home for Good for its suggestions as to how we could encourage more fostering for these children, as exemplified by its own work, and to the Shared Lives movement for the example it provides. Of course, as always in these difficult matters of social policy, we need to think about what more we can do to slow down the demand and to provide greater support for families so that they can continue to be able to look after challenging children.

In that regard, I wish to single out the work of Wigan Council, which no longer places any of its children outside its own area. I am very grateful as well to the all-party group on runaway and missing children and adults for its report last month on children who go missing from out-of-area placements. The Children’s Society provided very valuable support for that inquiry, and I am grateful to it for its help with my preparation for this debate.

As a nation we need to do far more to support and strengthen families to help them keep children safely at home, and I am pleased that this Government have now appointed the Chief Secretary to the Treasury as the family champion across government. It is now high time to take decisive action to improve the standard of accommodation for 16 and 17-year-olds, as the Select Committee called for more than five years ago.