Children and Social Work Bill [HL]

Lord Ramsbotham Excerpts

3rd reading (Hansard): House of Lords
Wednesday 23rd November 2016 Lords Chamber

[The Earl of Listowel (CB)]

My Lords, briefly, I support the noble Baroness’s amendment, to which I added my name. I am very grateful to her for bringing this back and to the Minister for the good work that the Government are doing in this area.

I work with a number of people who have experienced care. In particular, I work with Dr Mark Kerr. He did not begin his education until he entered a young offender institution. He now has two degrees and recently obtained his doctorate. He is a great champion and academic working on the needs of young people in care and care leavers, and he always emphasises that mental health has been grossly underestimated in terms of meeting needs. If more young people are to be as successful as he is after coming out of care, we need to do far better at meeting their mental health needs. I am grateful for the work of the Minister and his colleagues in this area, but I think we need to support the noble Baroness if we are to make the difference necessary.

[Lord Ramsbotham (CB)]

My Lords, I, too, added my name to the noble Baroness’s amendment, and I echo what she said about the many organisations which have supported it. Many times during the Bill’s passage, mention has been made of the postcode lottery regarding the performance of local authorities around the country. If this assessment procedure is adopted, who will perform the quality assurance of the delivery of the assessment around the country? It cannot be the expert advisory board, which has a completely different purpose.

[Lord Warner (CB)]

My Lords, I, too, support the amendment, to which I added my name. I congratulate the noble Baroness, Lady Tyler, on her persistence on this, which has been well recognised by those who work in the sector.

As a former director of social services, I think it is essential that we recognise the need to assess many of these children. That is not to say that large numbers of them will necessarily progress to the most demanding parts of the system, but we know that if you do not assess and pick these problems up early, they go in only one direction: they get worse. We end up with children who have already had a pretty tough time having to fight their way into a CAMHS system which is itself struggling to cope with the demands made on it. We need to give children coming into care, those who are looked after, a good shot at getting access to the services that they need.

I think that the amendment has met the Government’s concerns about flexibility, which were legitimate. This House and the Government have always argued for parity of esteem between mental and physical health. This is another piece of the jigsaw to try to ensure that.

--- Later in debate ---

[Lord Warner]

My Lords, I, too, strongly support the amendment, but as a sceptical old Whitehall warrior, I will open up an issue that may suggest it is not the Minister and his colleagues in his department who might be the villains in this area, but other interests across Whitehall. As I understand it, if the Government accept the amendment they will then have to accept amendments relating to all the other services that are of concern to children. It would be very difficult for them to accept the amendment if they have reservations about the cumulative effect of implementing the convention in this way through statute for all the services that may affect children.

My suspicion about Whitehall, because I am of a suspicious nature given my background, is that there are problems around an impact assessment on what the implications of all this may be. Instinctively I feel that somewhere in this mix are our old friends at the Treasury and the control of public expenditure. They are often to be found when we have these long periods of inaction in any particular area. Some of the areas where children could be seriously affected—clean air, benefits and access to health services to name but a few—go much wider than the scope of the Bill.

I do not expect the Minister to divulge the workings of government, but can he throw any light on whether it is necessary to provide across Whitehall an impact assessment on what the costs of implementing this through statute would be? Do the processes by which these things have to be agreed across Whitehall have any chance of being agreed before the Bill completes its passage through Parliament?

[Lord Ramsbotham]

My Lords, I support everything that has been said and pick up on the words of my noble and learned friend Lord Woolf. It is very sad that the last two reports of the UN committee coming to this country have started with the words that they regret that so little has been done to implement the recommendations they made five years earlier. If, as my noble and learned friend has suggested, the convention or the causes should be made the centrepiece of cross-government action in this area, then there is a solid basis for all affected ministries in Whitehall to rally round and make certain that their contribution to what is required is not criticised the next time the committee visits.

[The Earl of Sandwich (CB)]

My Lords, I do not think that we should worry too much about my noble friend Lord Warner’s point, to which I shall return—the Cross Benches are not always at one on these matters. I have not spoken on this Bill before, but felt I had to intervene because in 1989 I was with Save the Children and remember the excitement at the convention and the Children Act that followed it. Save the Children was already translating those duties into its own policies and activities and it must be horrified that they have not been extended into all government services. We have already heard evidence from CRAE—the Children’s Rights Alliance for England—and UNICEF that statutory child rights duties have a real impact on children’s lives. Perhaps I may quote just one sentence from its briefing, which states:

“A child rights framework such as would be created by this amendment will embed the CRC in children’s services and within other public authorities working with children and families no matter where they are, and enable public authorities to better safeguard, support, promote and plan for the rights and welfare of children in their area”.

My noble and learned friend said that the amendment would place a minimal responsibility on government. Surely we are convinced by that and not by the words of the noble Lord, Lord Warner.