Children and Young Persons

Munira Wilson Excerpts

Wednesday 10th June 2020 Commons Chamber

[Tim Loughton (East Worthing and Shoreham) (Con)]

I declare two interests: first, that in the register; and secondly, given that these regulations go back to 2002, I think that, for the entire time, I was either the shadow Children’s Minister or the Children’s Minister and responsible for making some of these regulations. I am doubly interested in them today.

I am not going to vote against these regulations, but this is the opportunity for some serious questions to be answered. It is unfortunate that, these regulations having been laid before Parliament on 23 April, they came into effect on 24 April. Normal conventions about the 21-day rule simply did not happen, and this is the first time that this House has had the opportunity to scrutinise what are very important regulations.

There are serious question marks, as the hon. Member for South Shields (Mrs Lewell-Buck) mentioned, about the consultation that went into this. The Children’s Commissioner was not consulted, and she has made further comments today to say that she has serious concerns about this. The British Association of Social Workers was not consulted. The Association of Directors of Children’s Services was not consulted. The Local Government Association was not consulted. Apparently not even Ofsted was consulted before these regulations became a fait accompli.

There is also the question mark about why the regulations were—

[Munira Wilson (Twickenham) (LD)]

rose—

[Tim Loughton]

I will not give way because we are short of time. I am sure the hon. Lady will get in later.

There are also question marks about why we had to do this in England but apparently similar moves have not been planned in Scotland or Wales. The Minister might want to comment on that. It would be useful to know what input went into these regulations and why they were chosen to be relaxed or extended in the way they were.

I am not against emergency legislation in these unprecedented circumstances. We are absolutely going to have to adapt across the board; we have become used to that. But this is a particularly sensitive area of policy dealing with some of our most vulnerable children, who are not in a position to provide the challenge and scrutiny that would be readily available in other areas. We have heard, through the commencement of the Domestic Abuse Bill, that there has been a spike in domestic abuse. We have heard from the NSPCC and others about an increase in reporting of suspected child abuse. It is when children are more vulnerable that we need to make sure that the checks and balances are absolutely there and working. There are also the fears about the impact of county lines gangs using the pandemic as a recruitment tool.

So across a whole range of areas, we should be concerned that the service is there to do what it desperately needs to do, particularly at this time. If we look through these regulations, we see that too often the phrases “as soon as is reasonably practicable” and “best endeavours” come up, covering a multitude of sins.

I just want to know the thinking behind the introduction of these regulations. Was it because we were expecting a high incidence of social worker absences? We have had seven weeks of these regulations in practice, so the Minister might be able to give us some examples of what has happened over that time. We need to know how the Government are monitoring this. Was it a capacity issue that led to the regulations? What are the current vacancy rates? Was it a reprioritisation issue, and if so, on the basis of what risk assessment? What has the reprioritisation of those social worker resources, and so on, actually gone to? As a result of what has happened, how many new child vulnerability hotspots are springing up, particularly for the 85% of vulnerable children who have not been in school, as the Chairman of the Education Select Committee, my right hon. Friend the Member for Harlow (Robert Halfon), has pointed out? That was a really useful way of putting them on the radar; teachers were often the early warning sign that something was going wrong at home on a safeguarding issue. They could then pass that information on to social workers and others.

I want to touch briefly on the 10 areas. First, on section 28 and the regulations about visits—which I think I overhauled back in 2010—these are now to take place “as soon as is reasonably practicable”. I am not going to delude myself that it all was working perfectly before. The purpose of the Munro review reforms, which were brought in from 2010, was to get away from some of the arbitrary timescales and from being ruled just by a rulebook, rather than by the expertise of experienced and well trained social workers as well. With only a small number of children in school, those social worker visits are even more important, so if they are not happening practically, why not? Is this a resource issue? Are they happening virtually, and are those virtual visits effective? How are social workers teaming up with teachers trying to teach remotely, with the police and with others to ensure that they are monitoring those children in households with a safeguarding question mark particularly closely?

Secondly, the six-monthly independent review of childcare is important, but that is usually down to the independent reviewing officers. What are the IROs actually doing at the moment? Why can they not carry on as before? Thirdly, I am particularly concerned about adoption panels. Adoption was one of the big campaigns of the coalition Government, and I am proud of my part in getting adoptions up to a peak of 5,360 in 2015. However, adoptions went back down again last year and we are now back down almost to the levels before we started the overhaul of adoption regulations, at around 3,500, so we need more adopters to come forward. We need more children to be adopted. Who is doing that important work in the absence of adoption panels? If social workers are too busy doing things elsewhere, or if there are not enough of them because of the pandemic, who is approving those adopters to come forward? Does the Minister fear that we are going to see a further big decrease in the amount of adoptions happening? How many prospective adopters are coming forward but are unable to be processed and trained? Who is doing the training to ensure that they can take on those really important roles as adoptive parents?

The same goes for fostering panels. It is likely that we will see a big surge in people coming forward to offer foster placements, given the likely job losses that will come out of the pandemic. That is a fact of life in recessions. We need to ensure that local authorities are up and running and able to take on those foster placements and to train people and assess them properly to ensure that they are suitable to take on those children who desperately need a home.

Another area I am really concerned about is the dropping of senior officer approval for out-of-care placement. This has been a scandal for too many years. Over half of children are placed out of their area, against all the regulations. It makes it so much more difficult to look at their progress when we have to monitor them from afar, and they are often placed in cheap property in coastal resorts, particularly on the Kent coast. That has been a case in point. It is really important that when a child is placed out of area, it is as a result of proper scrutiny and a decision made at director level. That is a reform that I brought in. I am really concerned about who is now going to be responsible for that.

Skipping through a few of the other points, senior officer approval for the really important fostering for adoption placements has also been dropped.

I am also concerned about the dropping of Ofsted inspection frequencies, and in any case it seems as though Ofsted will not be doing any inspections until next year. That is really worrying. We need Ofsted inspections for new listings—new care homes—where we desperately need that capacity. We need to prioritise them looking at homes that are deemed to require improvement or that are inadequate to make sure they are not continuing to offer a poor service or that they have improved and therefore can take on more children again. We need to do that because we have serious capacity problem.

I understand the suspicion of others that this is a back-door measure to complete the work from the 2016 Bill. I led a delegation of very experienced noble Lords to see the then Secretary of State, Justine Greening—it was a large part of the reason the regulations were dropped, I am glad to say—so I do not want them reintroduced through this route, and I would like to hear it from the Minister that the measures are only temporary and will not be extended beyond September other than in exceptional circumstances. I would like her to show how they are being monitored where that is actually not required at the moment.

I repeat my invitation to the Minister. The all-party group on children, which I chair, is meeting the children’s charities and others in July to assess how children are faring during the coronavirus pandemic, and it would be great if she could come and give an account of why the regulations are still required and how they are impacting on children. I understand why they were necessary; I do not understand why they were introduced in the way they were. We would all understand better if we had an account of the experience during the seven weeks they have been in operation and some guarantees that the welfare of some of our most vulnerable children is not being compromised and will not be compromised for a week longer than it needs to under the current conditions.

--- Later in debate ---

[Dean Russell (Watford) (Con)]

I want to reflect on this matter from the point of view of some work that I did last year. I spent some time training with foster care leavers and one thing that came across to me was the fact that they had several parts to their personality—this is not just a broad-brush thing. There was immense ambition and an immense wish to have a normal life, but the problem was that, often, the confidence was not there. They felt let down and abandoned, which means that the challenge for the system is to ensure that there is a consistency in their lives and an ability for their lives to move. They should not feel left behind and ignored during any crisis.

My reading of these regulations is not that they are about trying to reduce safeguarding, but that they are about enabling the machinery of local government—of social care—to help these children and young people get the support that they need. I absolutely agree—100%—that these measures need to be temporary. I need to hear that the safeguarding measures are there, that we will receive updates, as other Members have said, and that we will hear how things are being monitored.

I fear that if we do not put these measures in place, there may come a time when the mechanics are not in place—the reality of day-to-day lives where people cannot go to their jobs and do the social care work, and where there are not opportunities in offices to make sure that things are moving. If that happens, these children and young people will again feel that they have been left at the back, ignored and forgotten. One of the biggest challenges to overcome in life is the unknown, and covid has created an unknown situation for all of us, but let us imagine what it is like for those young people in care. They will not know whether they will reach their forever home or get to the point where they have a family around them. What we must remember in this debate is that behind each and every one of those statistics that has been shared, there is a life. There is a young child or a young person with ambition, who wants to have a family, who wants to have normality. Using these measures to ensure that that happens will be critical. Of course, safeguarding and all of those things are paramount, but we need to ensure also that the machine continues to work in their favour and to support them.

[Munira Wilson]

The hon. Gentleman talks about the machinery. Indeed, the Children’s Commissioner has expressed concern that the starting point for these regulations is to ease pressure on services, rather than to think about what is right for the child in front of those services. These are the most vulnerable children—even more vulnerable at a time like this. Does he not think that we have the balance wrong here by focusing more on the machine than on the child?

[Dean Russell]

The hon. Lady makes an excellent point and I appreciate her making it. Actually, there has to be a balance of both. We have to ensure that there is wraparound care for young people so that they can be supported. The machine is not necessarily an anonymous, amorphous blob of mechanics; it is actually people. It is social carers, who are doing that work on the ground and who should already be trusted in their roles. It is not about trying to say, “Let’s just keep going and going” in ignorance of the vulnerable young people involved. It is about making sure that the system is still working for them. Although I have some concerns, I can say that everything that I have seen in here so far really reflects the fact that we need to ensure that everything can continue, as it should do, to enable these young people to get to their homes, to get to families and to get the support that they need.

--- Later in debate ---

[Vicky Ford]

I am coming to exactly those answers.

The protection of vulnerable children relies on those on the frontline, especially children’s services in local authorities, so we have supported local authorities with additional investment to help social workers to return to the frontline and by deploying more than 250 Ofsted staff directly into local authorities, as well as through new regional teams. But those on the frontline have faced challenges that they have never seen before. I have heard directly from many social workers about those challenges; hence we have needed to give them some regulatory flexibilities.

[Munira Wilson]

Will the Minister explain why, in respect of the easing of statutory duties, the standards that need to be met are lesser for children than they are for adults? Will she address the suggestion that many have put to her that we should publish data on local authorities that use the easements so that we can scrutinise what is happening on the ground?

[Vicky Ford]

Absolutely. I will address many of the points that have been raised. The safeguards for adult social care are different from those for children’s social care because the statutory framework for adult social care differs. The easements that have been made on adult social care are in primary legislation, not secondary legislation, whereas in children’s social care we have made absolutely sure that the primary legislation stays in place.

Let me continue to set the scene. Those on the frontline have faced challenges that they have never seen before. For those children with special educational needs and disabilities, and especially those with an EHC plan, which sets out the specific provisions required to meet their needs, such provision would normally happen in an education setting. However, although those settings have remained open for children with an EHC plan, not all of them have been able to attend, so it has simply been impossible for local authorities and health commissioners to deliver the full provisions of those plans. That is why we have needed to make some changes.

The regulations on children’s social care are intended to support local authorities and providers, but do not remove any fundamental protections. Let me be really clear: section 22 of the Children Act 1989 remains in place, meaning that local authorities still have a duty to safeguard and promote the welfare of any child they are looking after, and section 1 of the Adoption and Children Act 2002 remains, meaning that the child’s welfare is paramount in all decisions on adoption. We have made no changes to primary legislation and the vast majority of secondary legislation has remained unchanged.

The amendments do not reduce the responsibilities that local authorities have to protect children from significant harm and to promote their welfare, nor should they be at the expense of the rights and protection of children in care.