Education and Adoption Bill

Richard Burden Excerpts

Wednesday 16th September 2015 Commons Chamber

[Steve McCabe]

I concede the danger that if I ask the Minister to report on the operation of the powers, we will only find out after the event what has happened if agencies have got into difficulty. Obviously, I would much prefer the Minister to come forward today with clearer proposals for the steps he will take to protect those agencies, but without some reporting mechanism, how will Parliament hold the Executive to account?

We heard from witnesses during the evidence session that there is concern about the way that contracts can be drawn up by larger local authorities, as that can have an adverse impact on smaller, voluntary organisations. The British Association for Adoption and Fostering had been going for more than 70 years, but it collapsed during the parliamentary recess with the loss of about 50 jobs—a whole area of expertise wiped out because of the financial climate in some parts of the voluntary sector. The uncertainty created by these proposals is adding to that pressure, so it would be helpful if the Minister demonstrated that he recognised the dire circumstances that much of the voluntary sector is facing.

We must know in an annual report that if the Secretary of State exercises these powers, the expertise of voluntary agencies will not be lost for vulnerable children, that contract arrangements are fair and do not favour larger local authorities, and that they are subject to proper monitoring and inspection. Parliament has a right to such information.

One concern about the Bill is the focus on adoption to the exclusion of all other forms of childcare. In Committee, several Members mentioned special guardianship orders, long-term fostering and kinship care. Many people who work in childcare believe that the Government need to focus more on permanent arrangements, rather than appearing to favour one model of childcare over another.

[Richard Burden (Birmingham, Northfield) (Lab)]

My hon. Friend mentioned special guardianship orders. I have written to the Minister about the case of Tracy Phillips in my constituency as that highlights the ambiguity in the way that SGOs are treated, affecting things such as child maintenance and so on, and how they fit into the child maintenance system. Could the report cover that, or is there some other way for the Minister and Government to tackle some of the ambiguities between SGOs and other adoption arrangements?

[Steve McCabe]

The Department published a report in August entitled “Impact of the Family Justice Reforms on Front-line Practice Phase Two: Special Guardianship Orders”. I also believe the Minister is planning a more extensive review of SGOs.

--- Later in debate ---

[Richard Burden]

Will the Minister ensure that he discusses this matter with his colleagues in the Department for Work and Pensions, particularly in respect of child maintenance? He will know that the case I raised with him involved two grandparents who ended up getting an SGO but then split up. The grandparent who left ended up with no maintenance responsibility for the child, which he would have had if this had been an adoption. There are arguments on both sides there, but this needs to be sorted out, because the reality in that case is that one grandparent is left with a child with very few means of support. That is clearly something that needs to be sorted out.

[Edward Timpson]

We are engaging Government Departments right across Whitehall to ensure that the implications of SGOs are being properly considered. In the scenario that has just been set out, we will need to consider whether we understand fully the consequences of these types of orders being made, and I will ensure that that is communicated to the relevant Minister in the Department for Work and Pensions and that it is looked at by officials in both Departments as part of the review.