Draft Child Safeguarding Practice Review and Relevant Agency (England) Regulations 2018

Lisa Nandy Excerpts

Tuesday 8th May 2018 General Committees

[The Parliamentary Under-Secretary of State for Education (Nadhim Zahawi)]

I beg to move,

That the Committee has considered the draft Child Safeguarding Practice Review and Relevant Agency (England) Regulations 2018.

It is an honour to serve under your chairmanship, Mr Robertson. The regulations are critical to delivering the safeguarding reforms set out in the Children Act 2004, as inserted by the Children and Social Work Act 2017. Their aim is to improve the protection of children across the country. The reforms in the 2017 Act were based on the findings of Sir Alan Wood’s 2016 review of the role and functions of local safeguarding children boards. The review found widespread agreement that the current system of multi-agency working should change in favour of a stronger but more flexible statutory framework. Alan Wood also recommended a new system of reviews to replace serious case reviews. That should include new centralised arrangements for reviews of national importance. At the same time, local reviews should be improved, and learning and the experience of the child should be at the centre of all reviews.

The 2017 Act enables the establishment of the new Child Safeguarding Practice Review Panel. The key function of the panel is to identify serious child safeguarding cases and trace issues that are complex or of national importance. Where the panel considers it appropriate, it will arrange for cases to be reviewed under its supervision.

I am absolutely delighted that, following a recruitment exercise conducted in accordance with the Cabinet Office procedures, Edward Timpson agreed to bring his skills and experience to chair the new panel. Following his advice and that of a skilled and representative assessment panel, last week we confirmed five appointments to bring a range of experience, which includes operational, strategic and academic rigour, to support him in this important work. The 2017 Act also gives the three safeguarding partners—chief officers of police, clinical commissioning groups and local authorities—a duty to work together to make arrangements to safeguard and promote the welfare of children in the area. As part of that, they must determine the agencies with whom they intend to work as part of these arrangements.

[Lisa Nandy (Wigan) (Lab)]

I am listening to the Minister with interest, in particular to what he said about the appointment of the former Children’s Minister to chair that body. One of the great concerns that many people have is that giving more flexibility at a time when there have been huge cuts to public services could make it much more difficult to get agencies to take their child protection responsibilities seriously. The police in my local area are already saying that they will attend only if it is set out in legislation that they have to do so, because of the severity of the cuts. Can the Minister give some reassurance about that?

[Nadhim Zahawi]

The hon. Lady mentioned the police in her area; the best answer I can give her is that Simon Bailey, the National Police Chiefs Council lead on child protection, stated in his response:

“Overall, I welcome the continued focus of Government on child safeguarding and the desire to improve the services available to children and young people across England in terms of safeguarding and multi-agency working…I believe the new arrangements present an opportunity to renew focus on safeguarding across partners including an increased focus on early intervention and prevention.”

I hope that gives the hon. Lady some confidence in what we are doing—hopefully with cross-party support.

[Lisa Nandy]

It is very hot in this room, so I promise that I will not keep Members here for longer than the air lasts. It would provide reassurance if the Department set out how the regulations will be monitored. The explanatory memorandum specifies that they will be reviewed again in three to five years; however, it would be helpful to know what will be done by the Department responsible for safeguarding children to monitor activity in other areas and make sure that the arrangements do not fall apart in the meantime.

[The Chair]

Order. Members are free to remove jackets if they wish.

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[Nadhim Zahawi]

If the hon. Gentleman will let me make some more headway, I hope I shall be able to convince him by the end of the debate.

The local review requirements in the regulations have some similarities with the national reviews. That section of the regulations also covers criteria, appointment and removal of reviewers, reports and the publication of reports. Like the panel, the safeguarding partners must make decisions about when it is appropriate to commission a review, taking the local review criteria into account. If the panel considers that a local review may be more appropriate, the safeguarding partners must also take that into account.

The safeguarding partners must consider the timeliness and quality of a review, and may seek information from the reviewer during the review to enable them to make that judgment. The regulations make it clear that the safeguarding partners may remove a reviewer who they have appointed at any time prior to the report being published to support the principles, which the new arrangements seek to establish, that the report should be high quality and produced on a timely basis. There is an expectation that improvements will be clearly identified, and there are clear requirements for publication.

[Lisa Nandy]

I am really grateful to the Minister for giving us the time. I welcome the fact that the pool of potential reviewers will be made publicly available, but I am concerned about the lack of independent oversight or scrutiny of the system. In particular, the regulations say that the panel may

“select a person as a potential reviewer who is not in the pool”

if it considers that somebody is not suitable. What thought has the Department given to ensuring independent oversight or scrutiny, for example by asking the Select Committee on Education to review or endorse the panel before a decision is made?

[Nadhim Zahawi]

It is important to remember that the panel is independent of Government. Of course, if the Education Committee chooses to call a witness for evidence, the chairman or any member of the panel will be compelled to go before it. To return to the funding issue, the Government will fully fund the national reviewers.

[Nadhim Zahawi]

The hon. Gentleman mentions local government. The Local Government Association responding by saying that it welcomes the

“introduction of shared responsibility between health, the police and the local authority,”

which has the potential to give the new arrangements more authority over those core agencies. Ofsted, which obviously inspects local government, says that it is pleased to see a stronger emphasis on the involvement of schools and local partnership arrangements. I am confident that what we are putting in place will deliver the engagement, including of local candidates, to carry out those local reviews.

[Lisa Nandy]

I support the point that my hon. Friend the Member for Stockton North has made. Before I came into this place, I worked with child migrants, often in settings where they were primarily seen as migrants and not as children, of which immigration detention was the most acute. If someone had a safeguarding concern in one of those settings, they would want to ensure that they had access to somebody suitable who could carry out a review and who had a much more diverse range of experience than the pool might. If the Minister cannot answer that point today, I would be grateful if he at least took it away and thought about how the Department might develop arrangements along those lines.

[Nadhim Zahawi]

I shall certainly take the hon. Lady’s point away. In terms of funding and non-participation, which hon. Members have mentioned several times, safeguarding partners and agencies must comply with the arrangements. Public bodies may be held to account if necessary through legislation, which allows the Secretary of State to take action, so there is a lever that applies in terms of compelling safeguarding partners and agencies.

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[Mrs Lewell-Buck]

It remains unclear whether the Secretary of State will be able to override panel decisions in relation to which cases are and are not put forward to the panel. If he can do so, then the panel’s independence and political neutrality will be entirely compromised. I hope that the Minister will advise us on that in his response.

Will the Minister also expand on a related point? It remains unclear what requirements—such as qualifications, professional body registration and experience—will be deemed appropriate for reviewers and panel members. In recent years, the Department has tended to appoint people with experience of finance and investment to boards, as opposed to people with actual frontline experience of working in child protection. I am sure the Minister will agree that experience of child protection is vital when it comes to safeguarding and reviewing the most serious cases where harm has been caused to a child.

[Lisa Nandy]

I apologise again to everyone in the room for intervening.

I agree with what my hon. Friend is saying about frontline professionals, but the group of people that I have found to have the best understanding of what needs to change in child safeguarding and child protection are young people who have been through the system themselves, and who have often suffered serious harm. They quite often tell us that they want to see less of a blame culture and much more learning enacted when we have conducted these reviews. I did not hear any indication from the Minister that the Government are listening to those young people, or that they will make sure that what is learned from these serious case reviews or national reviews is actually implemented so that we do not have to keep having review after review where the same things are highlighted but very little is done. Perhaps the Minister will correct that in his closing remarks.

[Mrs Lewell-Buck]

I thank my hon. Friend for that intervention. She comes to a point that I will be making shortly—great minds think alike.

May I also ask the Minister what his Department envisages will be the cap, if any, on pay, remuneration and expenses for the panel’s chair, board members and reviewers, especially since he gave assurances today that the new arrangements would be no more costly than the current arrangements?

The Minister will be aware that, despite the efforts of noble Lords and MPs from the Labour party throughout the passage of the 2017 Act, there remains a concern that reliance on local safeguarding partners is limited to the local authority, clinical commissioning groups and chief officers of police. That leaves schools and others who have always been core partners in local safeguarding arrangements out of the loop. Can he explain why, despite representations in the consultation phase expressing concerns about the absence of schools in particular as core partners, the Department is still struggling to understand that schools are vital in this process?

My final query relates to the dissemination of lessons learned and their practical application. Historically, the same lessons to be learned are highlighted time and time again when a child has been seriously harmed and such harm has resulted in their death. Yet rarely does anything on the ground change. Instead, a blame game is pursued. How does the Minister envisage the new arrangements making a difference, and what checks and balances does he feel are in place so that the same old outcomes of blame and increased bureaucracy and legislation will not be the stock go-to solution? That is ever more important against a backdrop of savage Government-imposed cuts that have served only to strangle a profession that is already undermined and is becoming increasingly demoralised.

[Alex Cunningham]

I had not intended to speak, and I will keep the Committee only a short time. The Minister spoke of receiving a positive response from the consultees, and that is fine. I do not have a problem with what is envisaged, but I worry about the implementation. The Minister said that he hoped during his speech to reassure us on the issues we raised in our interventions, but I am afraid that he has not reassured me—I do not know about my hon. Friends.

Where will the pool of expertise come from? I am not convinced that the people are out there who would be committed to doing the work. I gave the illustration earlier of trying to find chairs for local safeguarding boards. The people fishing in this pool, if I can put it like that, will face the same problems, so I ask the Minister again to address that. If he cannot do that today, I ask him at least to write to members of the Committee to tell us exactly where those people will come from.

My hon. Friend the Member for Wigan raised the issue of independent scrutiny of the pool, and that point was not adequately responded to either. Where is the provision to direct people to participate, and where is the resource commitment from the Minister? No dedicated new funding is being introduced for the delivery of what the Minister described as substantial reports. There is no detail on people being held to account for not participating. A letter from the Department, or even from the scary Secretary of State, is just not good enough. What will the Minister do to ensure that we do not need to send any such letters because people will know that they have a responsibility under the law to participate in the reviews?

[Lisa Nandy]

One of the concerns that my hon. Friend the Member for South Shields and I have raised is about the blame culture and the damage it does, particularly to frontline social workers who are trying to deal with very difficult issues, often with incomplete information, under pressure and in an era in which cuts have become the norm. Does my hon. Friend share my concern that one of the unintended consequences could be that the blame culture is exacerbated, because the pressure and the spotlight will be very much on the Minister?

It is not hard to envisage that something terrible happens, a review is commissioned, and the Minister is under pressure and seeks to apportion blame before the review has been completed, firing off letters to the local area to show that he or she is taking the matter seriously. Would my hon. Friend welcome as much as I would a commitment from the Minister that that is not what is intended and, explicitly, that the Department intends to take a different approach from now on? That is not a party political point; we have seen instances of that under different parties over the years. It does huge damage and it should stop.

[Alex Cunningham]

I certainly would welcome a commitment from the Minister to ensure that we do not end up in a blame culture. Last week I was given the honour of starting to chair the all-party parliamentary group on social work, and the first presentation was about the stresses that social services departments are already under in delivering children’s services. In my own local authority, we spend 57% of our entire council budget on social care issues—on children’s services and adult services. They are feeling the strain, and people are looking elsewhere to see how on earth they can get out of some of the corners they are in, particularly when things go wrong.

Warm words are great, and I know that the Minister is a sincere man, but we need guarantees. We need to that people will participate, that the reviews will be done, that we will learn from them and, most importantly of all, that they can happen in the first place by being properly resourced.