Children and Families Bill

Debate between Lisa Nandy and Fiona Bruce

Tuesday 11th June 2013 Commons Chamber

[Lisa Nandy]

I am sorry, but I cannot give way because a number of Back Benchers have sat through this entire debate and are desperate to get in. I wish the hon. Gentleman well in doing so.

In Committee, the Minister said that further statutory guidance would be provided to local authorities that are making this important decision. Although that does not alleviate all my concerns, the guidance will clearly be central to the practical effects of clause 1. Why have we not yet seen a draft of the guidance, and when will we see it?

Amendment 34, which stands in my name, relates to the consideration of ethnicity in adoption placements. The Minister expressed concern in Committee that placing ethnicity on the welfare checklist, as we are suggesting, will put undue weight on it. He said:

“As soon as one tries to specify particular elements of a child’s characteristics in an exhaustive list, one then starts to prioritise one characteristic over another.”––[Official Report, Children and Families Public Bill Committee, 12 March 2013; c. 205.]

I want him to consider briefly that the opposite may be the problem.

The Minister referred to research by Birmingham city council that looked at the experience of prospective adopters. It certainly emerged that a problem with practice—aggressive questioning, for example—and not with legislation had put people off. The research also demonstrated, however, that the majority of adopters—a staggering 90%—had expressed a strong preference to adopt a child with a similar ethnicity and that it was the failure to explore such factors with potential adopters that prevented children from black and minority ethnic backgrounds from being considered. In fact, in the one case in which a social worker did do that, the prospective parents went on to successfully adopt a child with a different ethnicity.

I reiterate that the amendment would not ensure that children were matched only with prospective adopters with the same background as them. Crucially, however, it would ensure that thoughtful consideration was given to ethnicity so that such factors were explored and we did not put off people from adopting a child who could otherwise find a loving home because they mistakenly thought that they would not be right for that child, which we think is a crying shame.

Amendment 35 is designed to ensure that we do not unwittingly create misconceptions for parents. We agree with the Government, as we said at length in Committee, that it is critical to most children to have an ongoing, good-quality relationship with their mum and dad, but we are concerned about the practical impact of clause 11.

I will not rehearse all the debates that we had in Committee, but the Minister was right to say that he did not want to be too prescriptive about what involvement meant. That is why our amendment would define what involvement is not, in line with the explanatory notes. It is important that that is put in the Bill and that no room is left for doubt, given that there have already been headlines in this country and that misconceptions have been created. I hope that the Minister will accept that amendment.

I do not need to rehearse why new clause 19 is so important, as it would prevent the harrowing and aggressive questioning of young witnesses in court. This morning, we received the welcome announcement that the Government are trialling pre-recorded cross-examination in Leeds, Liverpool and Kingston upon Thames. I am sure that the Minister appreciates the urgency of this matter as more child grooming cases are brought to trial. Will he say when the pilots will start, how they will be evaluated, whether there will be any measures alongside them to prevent the aggressive questioning that we have heard so much about and how soon they will be rolled out?

As I am sure the Minister is aware, the implementation of section 28 of the Youth Justice and Criminal Evidence Act 1999 alone will not be enough to support vulnerable witnesses. New clause 19 also proposes specialist court sittings for children who have been sexually abused, with trained judges and barristers, and the restriction of multiple cross-examinations. Will he say whether there will be a cap on the number of lawyers who may cross-examine a witness? I would be grateful if he could give more information about that.

I tabled new clause 18 notwithstanding our strong opposition to the under-occupation penalty, known to some as the bedroom tax. We are extremely concerned that that policy will put people off taking care of children whom they otherwise would have looked after because of the financial implications. We want to ensure that, at a time when Ministers share our concerns about the acute shortage of foster carers and adopters, we do not make the situation worse. We were struck by the evidence from Adoption UK about the problems for prospective adopters and special guardians, which was provided by Grandparents Plus. We are very concerned that the National Housing Federation estimates that the discretionary housing fund will fall short by £100 million.

We thought that the Minister had allayed our concerns about foster carers in Committee until it transpired the following day that the Government’s second change of heart meant that only one foster child would be covered, despite the fact that many foster carers look after more than one child. I was grateful for the Minister’s assurance that he would monitor the impact of the policy. Given that it has come into force and that he assured us in Committee that it would be monitored from April, will he say whether the Department has begun the monitoring programme, how it is going about it, whether there is any independence in the evaluation and, if so, who is conducting it? What, if any, evidence has been collected over the past two and a half months, and when does the Department expect to publish a report? Will he ensure that the report is made available to Members of the House as soon as it is published, given how important this matter is to many Members from all parts of the House and given that it affects vulnerable children in every constituency?

Finally, amendments 36 and 37 would ensure that children’s views and sibling arrangements are taken into account when courts scrutinise or change a care plan. Although we support the Government’s efforts to focus courts on the long-term aspects of care plans, we are concerned that, in the real world, the acute pressures on social workers, independent reviewing officers and guardians will mean that important aspects may be missed. Does the Minister have anything concrete to report from the discussion that he was holding with independent reviewing officers about how he will alleviate that pressure? Court scrutiny has helped social workers to ensure that they have access to resources and has changed care plans to allow sibling contact. I was grateful for the Minister’s assurances in Committee that there is nothing to prevent courts from looking at this matter, but given the pressure that family courts are under, especially after the legal aid cuts, we think that it is too important to leave to chance.

I am grateful for the opportunity to set out those points, but immensely disappointed at the lack of scrutiny that we have given these aspects of the Bill today. I would now like to give other people the opportunity to contribute.

[Fiona Bruce (Congleton) (Con)]

I rise to speak to new clause 20 as a parent of two boys, one of whom is still at school and one of whom left recently. I also want to speak for the many parents in my constituency who, like me, are concerned about the provision of sex education in this country.

I am pleased that new clause 20 proposes to redefine sex education as “sex and relationships education”, although I would have put it the other way around, with the emphasis on relationships rather than sex. After agreeing on the wording, I part company with those who tabled the new clause.