Children’s Wellbeing and Schools Bill Debate

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Department: Department for Education
Lord Meston Portrait Lord Meston (CB)
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I, too, want to move on, but I cannot resist repeating my admiration for the admirable Bill last year from the noble Lord, Lord Farmer, and his work on family hubs. I will concentrate on Amendment 183B from the noble Baroness, Lady Cash, and concentrate on just one aspect of school readiness and the proposed healthy child programme.

I would like to see specifically included in the proposed healthy child programme referred to in the noble Baroness’s amendment the promotion and encouragement before starting school of vaccination against preventable diseases. Many other countries provide for the mandatory vaccination of children, backed by various types of sanctions—including, it has to be said, exclusion from certain benefits and services. I am not suggesting that for this Bill; that is a debate for another day. However, children are not being vaccinated as they ought to be, and surely vaccination is something to refer to expressly as part of any suggested healthy child programme. It is an important and probably essential public health intervention. A failure to vaccinate a child in readiness for school is seen by some doctors as a red flag for possible parental neglect, because vaccination is the most important thing to be done to protect children. I would like to have seen it in the noble Baroness’s amendment.

Baroness Longfield Portrait Baroness Longfield (Lab)
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I feel the need to add some thoughts of my own to this conversation, which I am very pleased that we are having. I declare my interest as the executive chair of the Centre for Young Lives. I thank noble Lords for their kind comments on that.

This is a really crucial area of policy, and I am delighted that we are expecting an early years strategy and that we have consensus across the House on this—indeed, with the evidence as well. In the spirit of moving on, I hope that there is cross-party consensus going forward on the importance of this, not only for individual children and their families but for the country as a whole, in terms of employment, growth, crime reduction and health.

I could go on for an awfully long time on this, but I shall not. But I wonder whether my noble friend the Minister might say something in her closing remarks about the conversations that she is having with the Department of Health, because that partnership is obviously particularly important for early years and early years development.

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Baroness Barran Portrait Baroness Barran (Con)
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My Lords, I will speak very briefly to Amendment 183C, which is in my name.

Last year, the revised Working Together guidance removed the requirement for Section 17 assessments—or children-in-need assessments—to be done by a qualified social worker. At the time, although the change was welcomed by the Association of Directors of Children’s Services and others, some groups, including Ofsted and the British Association of Social Workers, expressed concerns about the change. This was, in part, because they felt that these practitioners—including family support workers, domestic abuse workers and youth workers—already held high caseloads, and, in part, because they do not typically have the necessary qualifications to do this to the required standard needed by the courts, given the gravity of the decisions taken that are based on these reports.

My Amendment 183C is very simple: it seeks to probe, and get on record, confirmation from the Government that only qualified social workers will be able to prepare reports ordered by the courts. There is real concern that this should be the case, and the new arrangements, which are being brought in to merge targeted help and child-in-need provision, could lead to a change in approach.

A court-ordered report for private law proceedings would not generally meet the threshold for child protection and is therefore likely to be held in the team, which includes non-social work qualified practitioners. As the court will order an assessment, I argue that there should be—and my amendment seeks to probe whether there will be—parity with other private law reports and assessments ordered by Cafcass, which are undertaken by qualified social workers. This work is of course highly contested and complicated, so can the Minister confirm that these concerns are unfounded? I beg to move.

Lord Meston Portrait Lord Meston (CB)
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My Lords, I do not question the proposition that substantive court reports should be done by qualified practitioners. Such reports are valuable, and often essential, to the court, providing information, analysis, assessments and recommendations—and not just to the court but to the parties who are thereby helped to settle their differences without a full contested hearing.

Until I heard the noble Baroness’s introduction, I wondered at the nature or extent of the problem that prompted her amendment. Most final reports nowadays—and I mean final reports—are well written, well researched and well reasoned. Substantive reports are prepared by the allocated Cafcass officer—or social worker, in my experience—and social workers often state their academic and professional qualifications. Sometimes, the worker has to be a substitute or a trainee, but in those circumstances the report will be checked and countersigned by a team leader. So, although I look forward to hearing what the Minister has to say, I do not believe there is problem.

Baroness Blake of Leeds Portrait Baroness Blake of Leeds (Lab)
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My Lords, I will speak to Amendment 183C, tabled by the Baroness, Lady Barran.

I will begin by giving everyone in the Chamber some reassurance, although I am sure that I do not need to do this. It is absolutely crucial that everyone understands that, for child protection cases, there is a requirement for a social worker. It is imperative that we make that that point absolutely clear. The issue that has perhaps driven the concern is that of quality, and I will go on to give some reassurance about that. At the end of the day, the absolute imperative is that we do right by, and make the best decisions for, children, and that we have the right people available to make sure that that happens.

In line with the current framework, reporting to the courts can come from a range of experts, as we have heard. The legislation, as written, surrounding court-ordered reports provides a degree of flexibility, depending on the circumstances of the case and the discretion of the local authority or the court. When specifically considering Section 7 reports, there is currently no requirement for them to be prepared by a qualified social worker. It is important that there is flexibility in who may prepare these reports, to make sure that they are prepared by the right person, with the right skills and the right experience. Courts and local authorities should have discretion in determining this, too.

We know that most S7 reports are prepared by Cafcass social workers, with a small number of them completed by local authorities. Where social work leadership or oversight is needed, this should be built into the supervision and sign-off of the reports. Of course, the court has a duty to ensure that the reports are of sufficient quality.