Children: Sexual Exploitation

Lord Faulks Excerpts

Tuesday 1st February 2011 Grand Committee

[Lord Faulks]

My Lords, although I very much welcome this debate, I come to it from a slightly unusual standpoint as a barrister who has spent the past 20 years or so acting in claims against local authorities, social services departments and children’s homes for failures to protect children from sexual abuse. I, of course, share the concern of all noble Lords for the victims of sexual abuse. Anyone who has heard adult survivors of sexual abuse give evidence in court can feel nothing but horror for the way in which their childhood has been ruined by the breach of trust. Often, they come from very unpromising circumstances and their lack of faith in adult figures is confounded by their experiences. Anything that the Government can do and can continue to do to protect such children from abuse and exploitation is, of course, welcome.

I wish to sound a note of caution, however, although this must be seen in the context of my experience as someone who has spent many hours sitting round tables with social workers who are alleged to have been negligent in failing to protect children from sexual abuse. Social workers have a very hard job. There is no lack of guidance; indeed, a preponderance of guidance is now available. However, the inquiries that take place and the hearings that occur in the studied calm of the Royal Courts of Justice are a world away from the real fog of social work, with the difficulties of obtaining information and the changes of files and personnel.

It is a considerable worry to social workers that they are exposed to litigation and the risk of litigation. Previously, the courts had decided that social workers were not so to be exposed; it was considered that this was a multi-agency task and that it was unfair to single out social workers for responsibility. However, the Human Rights Act has altered that and we are now in a position where social workers face these allegations.

Of course, the Government will be anxious to make sure that social workers are properly trained and do all that they can to take on board the recent thinking about improving the way in which they do their job. I know that the Government will be taking note of Professor Munro’s report in particular. However, I ask the Minister to bear in mind the fact that social workers are dedicated individuals who do an unglamorous and not very well paid job in often difficult circumstances. They are pilloried by the press when things go wrong and, although I am sure that all of them have children’s best interests at heart, we should be careful that, in our understandable urge to protect children, we do not confound matters by putting them off doing that job well.