Draft Child Safeguarding Practice Review and Relevant Agency (England) Regulations 2018

Debate between Nadhim Zahawi and Lisa Nandy

Tuesday 8th May 2018 General Committees

[The Parliamentary Under-Secretary of State for Education (Nadhim Zahawi)]

I beg to move,

That the Committee has considered the draft Child Safeguarding Practice Review and Relevant Agency (England) Regulations 2018.

It is an honour to serve under your chairmanship, Mr Robertson. The regulations are critical to delivering the safeguarding reforms set out in the Children Act 2004, as inserted by the Children and Social Work Act 2017. Their aim is to improve the protection of children across the country. The reforms in the 2017 Act were based on the findings of Sir Alan Wood’s 2016 review of the role and functions of local safeguarding children boards. The review found widespread agreement that the current system of multi-agency working should change in favour of a stronger but more flexible statutory framework. Alan Wood also recommended a new system of reviews to replace serious case reviews. That should include new centralised arrangements for reviews of national importance. At the same time, local reviews should be improved, and learning and the experience of the child should be at the centre of all reviews.

The 2017 Act enables the establishment of the new Child Safeguarding Practice Review Panel. The key function of the panel is to identify serious child safeguarding cases and trace issues that are complex or of national importance. Where the panel considers it appropriate, it will arrange for cases to be reviewed under its supervision.

I am absolutely delighted that, following a recruitment exercise conducted in accordance with the Cabinet Office procedures, Edward Timpson agreed to bring his skills and experience to chair the new panel. Following his advice and that of a skilled and representative assessment panel, last week we confirmed five appointments to bring a range of experience, which includes operational, strategic and academic rigour, to support him in this important work. The 2017 Act also gives the three safeguarding partners—chief officers of police, clinical commissioning groups and local authorities—a duty to work together to make arrangements to safeguard and promote the welfare of children in the area. As part of that, they must determine the agencies with whom they intend to work as part of these arrangements.

[Lisa Nandy (Wigan) (Lab)]

I am listening to the Minister with interest, in particular to what he said about the appointment of the former Children’s Minister to chair that body. One of the great concerns that many people have is that giving more flexibility at a time when there have been huge cuts to public services could make it much more difficult to get agencies to take their child protection responsibilities seriously. The police in my local area are already saying that they will attend only if it is set out in legislation that they have to do so, because of the severity of the cuts. Can the Minister give some reassurance about that?

--- Later in debate ---

[Nadhim Zahawi]

The hon. Lady mentioned the police in her area; the best answer I can give her is that Simon Bailey, the National Police Chiefs Council lead on child protection, stated in his response:

“Overall, I welcome the continued focus of Government on child safeguarding and the desire to improve the services available to children and young people across England in terms of safeguarding and multi-agency working…I believe the new arrangements present an opportunity to renew focus on safeguarding across partners including an increased focus on early intervention and prevention.”

I hope that gives the hon. Lady some confidence in what we are doing—hopefully with cross-party support.

[Lisa Nandy]

It is very hot in this room, so I promise that I will not keep Members here for longer than the air lasts. It would provide reassurance if the Department set out how the regulations will be monitored. The explanatory memorandum specifies that they will be reviewed again in three to five years; however, it would be helpful to know what will be done by the Department responsible for safeguarding children to monitor activity in other areas and make sure that the arrangements do not fall apart in the meantime.

[The Chair]

Order. Members are free to remove jackets if they wish.

--- Later in debate ---

[Nadhim Zahawi]

If the hon. Gentleman will let me make some more headway, I hope I shall be able to convince him by the end of the debate.

The local review requirements in the regulations have some similarities with the national reviews. That section of the regulations also covers criteria, appointment and removal of reviewers, reports and the publication of reports. Like the panel, the safeguarding partners must make decisions about when it is appropriate to commission a review, taking the local review criteria into account. If the panel considers that a local review may be more appropriate, the safeguarding partners must also take that into account.

The safeguarding partners must consider the timeliness and quality of a review, and may seek information from the reviewer during the review to enable them to make that judgment. The regulations make it clear that the safeguarding partners may remove a reviewer who they have appointed at any time prior to the report being published to support the principles, which the new arrangements seek to establish, that the report should be high quality and produced on a timely basis. There is an expectation that improvements will be clearly identified, and there are clear requirements for publication.

[Lisa Nandy]

I am really grateful to the Minister for giving us the time. I welcome the fact that the pool of potential reviewers will be made publicly available, but I am concerned about the lack of independent oversight or scrutiny of the system. In particular, the regulations say that the panel may

“select a person as a potential reviewer who is not in the pool”

if it considers that somebody is not suitable. What thought has the Department given to ensuring independent oversight or scrutiny, for example by asking the Select Committee on Education to review or endorse the panel before a decision is made?

[Nadhim Zahawi]

It is important to remember that the panel is independent of Government. Of course, if the Education Committee chooses to call a witness for evidence, the chairman or any member of the panel will be compelled to go before it. To return to the funding issue, the Government will fully fund the national reviewers.

[Nadhim Zahawi]

The hon. Gentleman mentions local government. The Local Government Association responding by saying that it welcomes the

“introduction of shared responsibility between health, the police and the local authority,”

which has the potential to give the new arrangements more authority over those core agencies. Ofsted, which obviously inspects local government, says that it is pleased to see a stronger emphasis on the involvement of schools and local partnership arrangements. I am confident that what we are putting in place will deliver the engagement, including of local candidates, to carry out those local reviews.

[Lisa Nandy]

I support the point that my hon. Friend the Member for Stockton North has made. Before I came into this place, I worked with child migrants, often in settings where they were primarily seen as migrants and not as children, of which immigration detention was the most acute. If someone had a safeguarding concern in one of those settings, they would want to ensure that they had access to somebody suitable who could carry out a review and who had a much more diverse range of experience than the pool might. If the Minister cannot answer that point today, I would be grateful if he at least took it away and thought about how the Department might develop arrangements along those lines.

[Nadhim Zahawi]

I shall certainly take the hon. Lady’s point away. In terms of funding and non-participation, which hon. Members have mentioned several times, safeguarding partners and agencies must comply with the arrangements. Public bodies may be held to account if necessary through legislation, which allows the Secretary of State to take action, so there is a lever that applies in terms of compelling safeguarding partners and agencies.