Thursday 9th June 2011

(13 years, 6 months ago)

Commons Chamber
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Tim Loughton Portrait The Parliamentary Under-Secretary of State for Education (Tim Loughton)
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I beg to move,

That this House has considered the Munro Report and its implications for child protection.

I am delighted to have the opportunity to lead the debate, as well as by the number of hon. Members who wish to speak in it. I would like to set out my stall, and although I am supposed to make a winding-up speech, I am keen that we hear from Back Benchers, so I shall keep that to a minimum.

Today is significant for two reasons. First, this is the only Government-led debate on child protection in Government time that I can recall in my 14 years in the House. The debate is therefore long overdue and it reflects the importance that I and my fellow Ministers attach to child protection. It is an enormous privilege to lead the debate and I look forward to what I am sure will be a constructive discussion, as I know that hon. Members on both sides of the House hold passionate and well-informed views about the subject.

The second significance is that this week is the first anniversary of the launch of the Munro review of child protection. Hon. Members will remember that this was the first review that was established by the Department for Education. It was launched on 10 June 2010, and that underlined the fact that getting child protection right is an enormous priority for the Government. I know we all share that as a priority, so let me pass on my thanks to all hon. Members, leading organisations in the sector, the child protection work force and the wider public, including children and young people themselves, who contributed in some way to Professor Munro’s report. Their experience, insights and expertise have helped make it a well-informed and widely welcomed report.

We should not forget that the vast majority of our children enjoy a safe and happy childhood, but even now too many still do not. Some of their names are sadly familiar—Victoria Climbié, Peter Connelly and Khyra Ishaq—but many more are not. Whether we hear about a case in the media or it goes unnoticed by the public, there is always an individual tragedy at its centre. It is those individual tragedies that have so often been the triggers for different reviews and inquiries on child protection over many years. Every one of those reviews has resulted in calls for action, and in response legislation has been passed, rulebooks have been expanded, more procedures and processes have been introduced and structures have been restructured.

However, the fundamental problems have not gone away. Despite the very best of intentions, our hard-working, dedicated social workers, foster carers and other front-line professionals are too often still unable to make the difference that they want and need to make for vulnerable children and families. Day in, day out, they are up against a system that too often simply does not help them to do their best for children.

From the start we wanted the Munro review of child protection to be different. That is why, unlike its predecessors, it was commissioned not as a knee-jerk response to a specific tragedy that had hit the headlines; that is why it is recommending that regulation and prescription are reduced rather than increased—it is not just another case of adding a few hundred more pages to the “Working Together” guidance; and, most importantly, that is why the review has focused on the child rather than the system. Professor Munro’s final report, “A child centred-system”, is wide ranging. It looks not only at the problems, but at the underlying environment that allows, and sometimes inadvertently encourages, such problems to occur. The review takes an holistic approach to child protection and bases its proposals on evidence and experience.

The report has been widely welcomed, as I said. The College of Social Work welcomed it as a “huge step forward”. Nushra Mansuri of the British Association of Social Workers described it as

“Music to the profession’s ears”.

The Children’s Commissioner praised its emphasis on the child’s right to protection. I am delighted that it has been welcomed as a breath of fresh air for all those hard-working professionals involved in child protection.

For that success, I have first and foremost to thank Professor Eileen Munro for her expert insight and analysis and the open and collaborative approach she has taken to the review over the past 12 months. I also pay tribute to the reference group that supported her so closely: Melanie Adegbite, District Judge Nick Crichton, Marion Davis, Avril Head, Professor Corinne May-Chahal, Lucy Sofocleous, Dr Sheila Shribman, Daniel Defoe, Professor Sue White, Martin Narey and the great many officials from the Department for Education and beyond who worked tirelessly over the past 12 months. I know that Professor Munro has hugely valued the support, expertise and different perspectives of all members of the reference group.

The report builds on previous reforms and the work of eminent experts such as Lord Laming, and I pay tribute also to the enormous contribution he has made in this area over so many years. This really is not about criticising previous, well-intentioned efforts to improve the system, but about making the time and space to understand why those efforts did not always work as well as they were intended to and should have done, learning from that to bring about long-term, sustainable reform in the future.

Eleven years, three months and 17 days since the tragic death of Victoria Climbié I still find myself asking whether the ever more complex systems that were created have actually made children safer now than they were then. Has the enormous additional amount of legislation, regulation and guidance made that much of a difference where it really matters? I fear that the answer may be no. Has, in fact, the child protection system in this country become rather more about protecting the system than about protecting the children whom the professionals went into their professions to protect? That is why it is now of the utmost importance that we restore public confidence in child protection, and restore confidence in the social worker profession and others—not least through those professions themselves.

The Munro review report seeks to do exactly that. Its fundamental analysis is that the system has become too focused on compliance and procedures and has lost its focus on the needs and experience of children themselves. That interest has occurred not just since the election, however; we started the process when, in opposition, I chaired a commission on children’s social workers and we produced the “No More Blame Game” report back in 2007, with contributions from all parties, followed by our policy paper “Back to the Front Line”, produced before last year’s election.

Professor Munro makes 15 recommendations for reform. She makes it clear—and I agree—that they need to be looked at in the round, because they are interrelated and impact on the system as a whole. I shall go through them briefly, and in doing so I start by noting that this is an excellent report with which I find little to disagree.

The first recommendation is to revise the statutory guidance “Working Together to Safeguard Children”, and the framework for the assessment of children in need and their families to distinguish essential rules from guidance that informs professional judgment, because, although we need rules it is important that they are the right ones.

The second recommendation is that the inspection framework examines the effectiveness of the contributions of all local services—including health, education, police, probation and the justice system—to the protection of children.

The third recommendation is that the inspection framework examines the child’s journey from needing to receiving help, explores how the rights, wishes, feelings and experiences of children and young people inform and shape the provision of services, and looks at the effectiveness of the help provided to children, young people and their families. Too often, do we not hear that, actually, nobody really listened to the child at the centre of a case? We need inspection to look across all the relevant agencies and to focus on the things that really matter: outcomes for children and young people.

The fourth recommendation is that local authorities and their partners use a combination of nationally collected and locally published performance information to help benchmark performance, to facilitate improvement and to promote accountability. It is crucial that performance information is not treated as an unambiguous measure of good or bad performance, as performance indicators tend to be, because it is important that performance data are used intelligently to drive improvement in practice.

The fifth recommendation is that the existing statutory requirement for local safeguarding children boards to produce and publish an annual report for the local children’s trust board are amended to require its submission instead to the chief executive and the leader of the council.

The sixth recommendation is that “Working Together to Safeguard Children” is amended to state that, when monitoring and evaluating local arrangements, LSCBs should, taking account of local need, include an assessment of the effectiveness of the help being provided to children and families, and the effectiveness of multi-agency training to safeguard and promote the welfare of children and young people. Local safeguarding children boards play a vital role, and I see a much enhanced future for them as the linchpin of how we get this right.

The seventh recommendation is that local authorities give due consideration to protecting the discrete roles and responsibilities of a director of children’s services and a lead member for children’s services before allocating any additional functions to individuals occupying such roles. We know that that is an important concern, and it has come up in the House recently.

The eighth recommendation is that the Government work jointly with the Royal College of Paediatrics and Child Health, the Royal College of General Practitioners, local authorities and others to research the impact of health reorganisation on effective partnership arrangements and the ability to provide effective help for children who are suffering, or likely to suffer, significant harm. I shall discuss that point further, but the implementation board, which will put forward these reforms, is heavily weighted—over-weighted in fact—towards health, and it is important that it should be.

The ninth recommendation is that LSCBs use systems methodology when undertaking serious case reviews with accredited, skilled and independent reviewers and have a stronger focus on disseminating learning nationally. Ofsted’s evaluation of SCRs should end, because serious case reviews need to be about learning rather than about processes or the story of a case; they need to be about supporting analysis, beyond identifying what happened, in order to explain why it happened. They should not be all about blaming people, because blaming individuals for errors and mistakes is unhelpful and counter-productive. Rather than having a blame culture where people try to conceal mistakes, surely it is better for people to work together to identify errors early so that they can be managed or minimised, often through the redesign of local systems. That is not to say that people should go without any repercussions when things have gone wrong, but simply wagging the finger of blame has clouded our judgment too much in the past. The name of the report that we produced in 2007—“No More Blame Game”—is as appropriate now as it was then.

Meg Munn Portrait Meg Munn (Sheffield, Heeley) (Lab/Co-op)
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I feel that I should apologise for interrupting the Minister, because he is giving a very good exposition of what is in the report. However, will he deal at this point with the issue of Ofsted not looking at serious case reviews in future? I find that slightly puzzling, and I do not understand the basis for it. In my view, Ofsted’s role is not allocating blame but assessing whether it is an adequate case review that properly describes what went on.

Tim Loughton Portrait Tim Loughton
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The hon. Lady makes a good point. I have had reservations for some time about the way in which serious case reviews are produced, read and inspected. This area was clearly highlighted in the report, and the implementation group will need to do a lot more work to see how we get to where we want to be. Ofsted itself will say that evaluating serious case reviews is not the best use of its time and resources.

In the past, we have seen questionable gradings of some serious case reviews. We should be using serious case reviews as serious learning tools. Before the baby Peter case, I did not realise that serious case reviews were not available in their full form to every other director of children’s services and other such relevant people around the country so that they could read what had happened in a certain case in a certain authority, say, “Gosh, hold on a minute—could that happen here?”, and be alert to the problems that had happened elsewhere to see whether they needed to do things locally to ensure that they did not happen there. However, serious case reviews in their full form are available only to a very small number of people.

There have been question marks over the consistency of the quality of serious case reviews, who is commissioned to carry them out, who is controlling the quality of the people producing them, and, above all, who is bringing together the learning expertise and learning points to see whether they have generic applications for people up and down the country. That is not happening as a result of the way in which Ofsted does it, with the very best of intentions. We need to get to a place where a serious case review is not about learning from things that went wrong in a particular case but learning from things that went wrong in the system and applying that to the system elsewhere. We also need to ensure that the people producing serious case reviews produce things of a sufficiently high quality. We have a lot of work to do because the current situation is not sustainable and serious case reviews are not producing what we need them to produce.

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Tim Loughton Portrait Tim Loughton
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My hon. Friend, who has great expertise particularly in dealing with young children and in the whole area of attachment, knows how important it is that a child growing up is able from an early age to bond with, and develop an attachment to, parents or carers. We know from all the statistics that young children who are unable to grow up safely with their own parents benefit from adoption, where appropriate, at an early stage. If we can find them an appropriate adoptive placement, their chances of growing up as normally and conventionally as if they were with their own parents are greatly heightened, and they will have a better chance of catching up with their peers who are lucky enough to be able to grow up with their parents, so she is absolutely right.

Meg Munn Portrait Meg Munn
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I welcome the tone that the Minister is taking in this debate. On adoption, may I ask him equally to adopt another approach—if that is not too many adoptions? It is enormously difficult to make the decision to place a child for adoption. It is a lifelong decision, and it is as important not to rush into it inappropriately as it is to make the decision to go for adoption. In reality, some of the biggest problems derive from other matters in the process, whether decision making in local authorities or decision making in the courts. I urge the Minister to consider those issues as well.

Tim Loughton Portrait Tim Loughton
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The hon. Lady is right and will know that we have been doing a lot of work on adoption. I have set up a ministerial advisory group with all sorts of people, and we have issued new guidance, as I said earlier. We need to balance timeliness with appropriateness to ensure that where it is clear—it is not always so—that an adoptive placement is the best way forward and in the best interests of the child, we get on with it.

There are, I have to say, some people who, usually because of excessive addiction to drugs and alcohol and a complete failure to rehabilitate, will never be able safely to bring up children in their care. I have sat in family courts and seen parents—usually single mothers— have their ninth, 10th or 11th child taken into the care system. If that parent’s situation has not improved, can we be sure that it will ever improve? Need we take that risk, and wait years while a child is kept in an abusive situation? Again, those decisions require the judgment of Solomon, which is why I will shortly be holding a round-table meeting with a group of judges from the family court, directors of children services and chairmen of adoption panels to consider how we can make the adoption process better, more efficient, more robust and fairer; to ensure that we are making the right decisions for the too many children who are left in the system and could benefit from adoption; and to ensure that we are not taking into adoption children for whom it is not appropriate. I know that there are concerns there as well.

Finally, we need to remember in our policies the particular needs of vulnerable young people and the fact that they have the same right to enjoy the rich experiences of growing up, the transition to adulthood and becoming valuable members of society as those lucky enough to be part of safe, loving and stable birth families of their own. I recognise that it is vital for the sensible policy put forward by Professor Munro to be backed up by proper investment. As my hon. Friends will be aware, the Government have already announced some funding to support work force development, but the real cost is the cost of failure. The current system needs fixing. Because it needs fixing, huge amounts of resource are wasted. One local authority that has been working with Professor Munro and the review team as a “journey authority” calculated that around 50% of its children’s social care workers’ time is wasted in nugatory activity that does not add to the quality of service or outcomes, which is something that the authority is now starting to recoup—a resounding endorsement of the need to eliminate unnecessary red tape if ever there was one.

Few things are more important than helping and protecting vulnerable children and young people. In our first year in government, we have shown in the wide range of actions that we have taken—on child protection, children in care, adoption, fostering and dealing with the sexual exploitation of children—that we are deeply committed to tackling these issues, and I am determined to ensure that we make progress. Sadly, we need to recognise that despite Government reforms and the hard work of professionals, tragedies will still happen. There are individuals who will harm children. We cannot eliminate that risk, but we can all work to help to reduce and manage it—indeed, we all have a duty to do so. Society is right to expect professionals to take responsibility and make the best judgments that they can in the best interests of children. Those judgments will not always be the right ones, but they need to have been made for the right reasons and on the best possible evidence.

This Government believe that we need to move towards a child protection system with less central prescription and interference, and in which we place greater trust and responsibility in skilled professionals on the front line. Professor Munro has provided us with a thorough analysis of the issues. It is now for the Government, working with the sector, to help to bring about sustainable reform. That is why I have established an implementation working group, drawing in expertise from local authority children’s services, the social work profession, education, police and the health service, to work with the Government to develop a response to Professor Munro’s recommendations by the summer recess. We are today publishing on the Department for Education website the first account of the group’s deliberations, which started at the end of last month.

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Toby Perkins Portrait Toby Perkins
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I shall deal with that point in some detail later. However, I can say that we support the trials that are taking place. If the professionals feel that some measures can safely be dispensed with, that is acceptable as long as safeguards are established, as they have been in Hackney, to prevent slippage of cases. We do not want social workers to lose sight of the importance of some cases along with the paperwork.

The report is evidence based, and Professor Munro identifies both excitement and anxiety in the profession about the steps to be taken. Throughout its time in government Labour took advice from experts seriously, as the present Government are doing.

Meg Munn Portrait Meg Munn
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In the report, Professor Munro observes that

“most bureaucracy which limits practitioners’ capacity and ability to practise effectively, is generated and maintained at a local level.”

We should consider that carefully. Headlines that blame people for bureaucracy are not helpful. We need to identify where the bureaucracy is coming from, and tackle it properly.

Toby Perkins Portrait Toby Perkins
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My hon. Friend speaks on the basis of tremendous experience as a result of the work that she did before entering the House—and, of course, since doing so—and she is absolutely right. Trade unions, social workers and others in the profession want us to proceed as carefully as possible. I reiterate that there is nothing that we want more than social workers who are enabled to spend the maximum amount of time with the children and families with whom they are working.

We support the pilot scheme in four authorities, and we urge the Minister to ensure that the additional quality assurance measures referred to in the report are followed so that the full implications of the changes are understood before any measures are taken to make the scheme more widespread. The proposed changes are important and offer advances, but they must not be rushed. The Ofsted report detailing children’s experiences before entering care demonstrates the importance of social workers spending time in face-to-face, one-to-one meetings with the children and families in their care, but the research also shows how varied the quality of practice is, and with that in mind, and in advance of the improved education and training—and also in the context of the difficult financial settlement facing local authorities—it must be stressed that it is vital that every care is taken.

The National Society for the Prevention of Cruelty to Children echoes this view. It states:

“The Government should not move too quickly to rapid deregulation. It needs to invest heavily in building the skills, confidence and experience of all professionals working with children. Controls which safeguard against poor practice must stay in place while professionalism is built. Otherwise, children’s lives could be put at risk.”

We entirely support those comments.

We have concerns about the portability of documentation if each local authority has a different common assessment framework. The whole point of having a common piece of documentation was that it would only need completing once. Perhaps it could be slimmed down and used by all partner agencies, wherever they are. If that documentation needs to be re-done every time a child moves from one authority area to another, the intention of cutting back on paperwork may be undermined.

We also have concerns about the recommendation and current direction of travel with regard to serious case reviews. The review rightly identifies the importance of learning lessons from SCRs. Alongside learning lessons, however, they must also perform the task of building public confidence in the profession and illustrate that there is no cover-up, no attempt to hide from the truth and no sense of the ranks being closed. There is a delicate balance to strike.

Local safeguarding children boards are not forced to be independent and are inevitably seen by some as internal partners, having a relationship with the practitioners providing the service. In some cases, they are chaired by the director of children’s services. The independent evaluation of the work of LSCBs on SCRs offers an important neutral balance to ensure that the correct lessons have been learned.

Professor Munro identifies LSCBs’ unhappiness at the role of Ofsted, but I wonder whether the independent assessments analysing the quality of the SCRs might check on how successfully lessons are learned. It does not seem to me that the fact of an evaluation in itself prevents a culture change towards a more learning-based approach. Whoever does independent inspections in future can be directed by the Minister in whichever way he wants, but simply to abandon any sort of independent review until a new body is in place in the next year or so is unsatisfactory.

We also feel that the decision to publish the entire overview of SCRs is having, and will have, very negative consequences. When in government, Labour increased the transparency of executive summaries of SCRs, but we feel that the balance is now leading to a less helpful situation. Professor Munro highlights on page 61 of the review the unhappiness felt by many in the profession about this move. It can hamper the attempt to make learning the principal aim of SCRs, and it inevitably restricts the enthusiasm of some practitioners to be frank about what they may have got wrong. We need to see the culture change before there is a move towards publishing the entire overview of the SCR. This also inevitably makes it highly unlikely that the better reporting of social work practice by the media that the Munro review cries out for will happen. It is also apparent that other partners are stepping back from getting involved in SCRs because of the full reporting of them. The Minister was right to say that if people are refusing to get involved in SCRs, that is wrong, and it is important that we learn those lessons. We are worried that publishing the full overview of them is having that effect, however, regardless of whether that should be done in the best interests of our children.

There is also anecdotal evidence, which we will be investigating further, that the threshold for serious case reviews is being lifted by authorities and that they are deciding that they are less likely to do them. Again, that will have a negative impact on our capacity to learn from past mistakes. It seems an odd set of priorities to remove the independent evaluator of serious case reviews at the same time as we are opening them up to wider public and media scrutiny. That suggests a “kangaroo court” approach, which is totally out of keeping with this review, and it could be a seriously retrograde step.

I mentioned that the review had identified, as had our own work with local authorities, that the role of the director of children’s services to be a purely child-centred position was under threat. That is hardly surprising, given that the Secretary of State for Communities and Local Government is positively encouraging this sort of change to local government practice, with managers merging roles and councils becoming a little bit cheaper and quite a bit worse. That seems to be the Pickles recipe for local government. We urge this Minister to stand up for children against the right hon. Member for Brentwood and Ongar (Mr Pickles) and we urge councils to protect the role of director of children’s services.

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Meg Munn Portrait Meg Munn (Sheffield, Heeley) (Lab/Co-op)
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If the hon. Member for Calder Valley (Craig Whittaker) wants to intervene on me at an appropriate point, perhaps he can get his fourth point in.

I welcome this debate and this report. Child protection is an important issue that has been given too little attention, generally having periods of intense focus following the death or serious injury of a child or children. No one could disagree with the aims set out by Professor Munro, but I want to look at some issues that are perhaps more nuanced than the Minister set out in his speech.

Looking back, we have had investment in the past. From 1998, we had the Quality Protects programme, which made a big difference to social services; I speak from personal experience. More recent work done by the previous Government should be built on. Indeed, Professor Munro identifies the need to build on the firm foundations of reform created by the Social Work Taskforce and the Social Work Reform Board. Let us not reinvent the wheel where we do not need to.

Importantly, Professor Munro recognises the multi-agency nature of this field. There is a danger of other Government policies making child protection more difficult. I am concerned not only about the cuts but about the proposals for how things are to be done. The all-party child protection group, which I chair, and of which many members are present, will be carrying out an inquiry into the proposals on vetting and barring, and I hope that that is helpful. The next session is on Monday—a little advert there—and I hope to see many Members attending to look at this in detail.

We need to be aware of the importance of child protection for children in all settings. Looked-after children have been mentioned, and the residential sector is important. On health, what is going to happen as a result of the abolition of primary care trusts? The PCTs have played an essential role in local safeguarding because they can give an overview and they are able to get involved in the wider issues of what is happening in their local area. I fear that the proposals do not deal with ensuring proper, effective child protection policies for the future. I also have worries about the role of the police.

I have great concerns about education. I will not go into those in detail now, as I have raised them with the Minister of State, Department for Education, the hon. Member for Bognor Regis and Littlehampton (Mr Gibb), who was here earlier. Certain aspects of the Education Bill put children at risk, and the Government need to deal with that.

I am also concerned about the localism agenda. The recommendations in chapter 4 on accountability lead us to believe that there are clear tensions in this respect. We should be able to specify what needs to be done, and there should be ways of following best practice while ensuring some local flexibility. The Government need to address that properly.

I want to speak briefly about the recording of information and time scales. That debate has been conducted in a one-dimensional way. Poor IT systems have made life difficult. However, it is significant that every major inquiry into child deaths has identified two things at fault: poor information-sharing between different professions in contact with children and poor recording of information. Not only is good recording essential to enable effective continuity of support for children, sometimes over years or when somebody is on leave, but it is part of the process that social workers need to go through to reflect on a family’s situation. The idea that the only work of a social worker is direct face-to-face contact is false.

I echo the concerns of my hon. Friend the Member for Chesterfield (Toby Perkins) about moving to the use of all localised forms. Frankly, that would take us back round the circle. Thirty years ago when I started in social work, every local authority used a different form and a different process. Not only did that involve lots of people writing those forms and producing guidance, but it meant that when people moved authorities, it took even experienced staff a long time to understand the systems and procedures. I know that the Minister is genuinely committed to this agenda, and I commend him for that, but I urge him to consider a middle way.

I also urge the Minister to consider a middle way for serious case reviews. He and I have disagreed on the publication of serious case reviews in full, and I will not rehearse those arguments now because I do not have time. However, I think that he should have held back, carried out a review, and put in place a new system. In my experience, not only are full case reviews poor learning tools, but sometimes their publication means that people do not come forward. There was a well-publicised case in Sheffield only a year ago of serious intergenerational abuse. The people in that family would not have come forward if they had thought that their information would be put into the public domain.

This is an important review in many ways, and we need to go into it in more detail. I ask the Minister to give more detail on how a wider group of people beyond his implementation group can have an input into the recommendations to ensure that we get the best possible things out of the review for the benefit of children, social workers and all who work in this important area.