Young People in Care

Steve McCabe Excerpts

Tuesday 27th January 2015 Commons Chamber

[Steve McCabe (Birmingham, Selly Oak) (Lab)]

I congratulate the Chairman and members of the Education Committee, many of whom have spoken today, on the report, which is a model of the well-argued, thought-provoking body of work that we have come to rely on from the Select Committee system. It has proved helpful in focusing attention on the types of accommodation available to young people aged 16 and over who are cared for by local authorities—a population of about 14,000, representing about 20% of the total population of looked-after children,

The Children Act 1989 requires that young people aged 16 and over should be given a personal adviser to help them to progress to independence. That involves helping them to make choices, and ensuring that their pathway plan and review actually happen, and that the plan includes the skills needed for independent living. The Select Committee cites the children’s rights director as saying that almost half—49%—of care leavers thought that they had been badly or very badly prepared for independent life. Key deficiencies include a lack of basic skills such as cooking and financial management.

The report made me wonder whether there is too much focus on the post of personal adviser, and not enough on the task. Foster carers and other significant adults should principally perform those tasks, as they are the people with whom the young person already has an important relationship. I know that the Minister, too, has reflected on that. I was struck during a recent visit to Hackney’s fostering unit by the impressive work that it does, and its use of social pedagogy as a tool for development. The Minister is on the record as saying that the personal adviser is a function, rather than a specifically appointed person, and that there is nothing in the regulations or guidance to stop local authorities using resources such as foster carers or people who work in children’s homes as personal advisers.

[Lisa Nandy]

I am grateful for my hon. Friend’s generosity in giving way, especially as I could not be here for the start of the debate. I was interested in his use of the word “relationship”. Does he agree that a key point about the system that we have constructed for children in care is that often it does not see or value those crucial relationships in young people’s lives? At the time when they most need them the system often drives a coach and horses through them. Does he agree that if we were serious about helping children, sustaining them through the hardest period in their life, we would restructure the system so that it could see, support and value those relationships with key trusted adults, whoever they are?

[Steve McCabe]

That is exactly the point. We should concentrate on continuity and relationships. At times we are sidetracked by posts and appointments.

I want to move on to local authorities, whose responsibilities change when a young person turns 18. Too many people think that local authorities interpret that change as meaning that their responsibilities diminish, despite the fact that they have a continuing obligation to those young people until the age of 21, or 25 for those still in education and training. As we have heard several times, the Minister has recently extended the previous Government’s pilots to create a new obligation or arrangement for staying put in foster care until the age of 21. Like others, I think that that is a welcome measure, although I urge him to look at authorities that are trying to avoid paying foster rates, arguing that such arrangements are in fact board and lodging provision. I have recently been made aware that that is happening in one or two places, and the Minister will agree that that is certainly not what he had in mind.

I welcome the part of the Government’s response to the report which says that they believe that fewer young people should leave care before the age of 18 unless there are exceptional circumstances. In his reply, can the Minister say a little more about what practical steps the Government will take to translate this belief into reality? Despite personal advisers and strengthened guidance, the Committee found that young people are often given neither a choice of placement nor the opportunity to voice a preference. The Coram Group, an excellent organisation, said in its evidence:

“The young person’s views are frequently not adequately considered and advocacy support is vital to ensure this happens”.

An independent advocate is a statutory requirement, yet it is not a service that is always offered or that enough young people are made aware of.

The Government say in their response that they have given the Children’s Commissioner a new power to provide advice and assistance to individual children in receipt of social care services and to make representations on behalf of care leavers. Am I right in thinking that the commissioner has no real new powers? Is the Minister satisfied that the power to make representations is a sufficient new power for the Children’s Commissioner? The Government argue that they have strengthened the guidance on pathway planning and point to the fact that directors of children’s services are now required to sign off the arrangements for any 16 or 17-year-old leaving care. However, as we have heard from a number of speakers today, the evidence suggests that the pathway plans are weak, and one glaring omission is the failure to consider maintaining positive relationships with siblings and other people thought to be important in the young person’s life.

My hon. Friends the Members for Stockton North (Alex Cunningham) and for Stockport (Ann Coffey) both drew attention to the impact that this can have, particularly when it is almost ignored in the planning arrangements. Like others, I wonder how we can expect young people to develop into normal, well-adjusted adults if we deny them the opportunities that we take for granted for our own children and many others. I welcome the addition to the guidance on the pathway plans in this respect and I trust that the Minister will continue to focus on this area in the months ahead.

One of the inevitable results of the “Staying Put” initiative is that, as we heard, it has raised the question of those in residential care and the related issue of staying close. There appears to be a perception in some local authorities that their responsibilities decrease when a child reaches 16. That is certainly the sense among young people who feel that 16 is the cut-off point when they are required to leave care. This came across in the evidence that the Committee took. I am not sure about the equality aspect of “Staying Put” for non-foster care. I do not know whether it would withstand a legal challenge. From his previous incarnation the Minister might be much more familiar with how the law would deal with that. Aside from that, my own view is that 16 is the age for most young people to set out on their own. Like the hon. Member for Calder Valley (Craig Whittaker) I attended a recent meeting of the all-party group for looked-after children, where many of those said that even at the age of 18 they did not feel that they were ready to move on.

I know that this is a difficult matter for many people. I have some doubts about whether it is realistic for someone to continue in a children’s home to the age of 21 or beyond, although I am rather sceptical of the validity of some of the counter-arguments. Particularly on safeguarding, I tend to agree with the Every Child Leaving Care Matters group, which said that it is difficult

“to see how a young person who is settled in a children’s home and enjoys positive relationships with staff and peers should suddenly become a safeguarding risk at 18 when they never were before.”

I am keen that the Government set to work as soon as possible on addressing this matter. We have heard about some of the work involving the National Children’s Bureau, the Who Cares? Trust, Barnardo’s and others. Will the Minister tell us how much money from the innovation programme has gone into that work to date, and what time scale he is considering for further proposals indicating his plans for staying close and “Staying Put”?

[Mr Graham Stuart]

The hon. Gentleman says that he has misgivings about the extension and that some of the arguments are bogus or weak. What are his concerns? As a Committee, we made these proposals in a cross-party spirit in the hope that parties such as his would adopt them and put them in their manifestos. Why will he not be making that recommendation to his party’s manifesto group?

[Steve McCabe]

I said that I had some doubts. The hon. Member for Calder Valley said that the difference is that there is not necessarily the same stability with regard to children’s homes. The situation is not guaranteed in the same way. Fostering arrangements, by definition, tend to be stable. The turnover of staff and other children at a children’s home means that the situation may not be the same. That is my major reservation.

[Mr Stuart]

The idea of staying put, wherever it is, is that it is suitable for all concerned. The aim is not to impose it on anybody. Like our recommendation on extending care services to the age of 25 for those who are not looking for a job or training, it is there if people want it, and if it is not appropriate, there is no suggestion that it should have to happen.

[Steve McCabe]

I entirely accept the point that the Committee Chairman is making. The hon. Member for Calder Valley said that there may well be options. My point is simply that the situation is not directly comparable. I am minded that we look at this carefully. We cannot say that children in foster care get the benefit of “Staying Put” until the age of 21 and children in children’s homes are completely disregarded. That would not be acceptable, and I do not think that anyone is saying that. I am simply suggesting that the situation may be slightly different.

I want to take up the Committee’s point about the problems of making full-time education and training central to continuing support until the age of 25. We were all rather encouraged when the Minister said in Committee that he intended to rewrite the guidance so that it would be sufficiently clear that he was concerned about those who were in danger of falling through the net. So far, the rewritten guidance does not appear to have achieved that. Surely the real issue is that it is too easy for those we refer to as NEETs— not in education, employment or training—to disappear. Unless directors of children’s services and others are under a specific obligation to track and monitor these young people, there is every danger that they will fall by the wayside.

I want to turn to “other arrangements”. As we have heard, the Committee was very concerned about accommodation that it felt was not of an acceptable standard and might fail the statutory guidance tests of being suitable for the child in the light of his or her needs, including health needs, and of the responsible authority having satisfied itself as to the character and suitability of the landlord. I acknowledge that the YMCA said in evidence to the Committee that some local authorities provide a decent variety of accommodation, and I do not dismiss the fact that there are examples of success out there. However, Ofsted found significant variations in the quality and sufficiency of accommodation for care leavers. The Who Cares? Trust has also reported examples of unsafe and unsuitable accommodation. I will not go over them all, as they have been mentioned by other speakers, but they include people being threatened or assaulted; living with those with drink and drugs problems; and having dirty accommodation infested with bedbugs and cockroaches. The British Association of Social Workers has said that it is

“firmly of the view that the government needs to apply regulatory duties to all accommodation providers who accommodate looked after children in order that they are appropriately safeguarded and the provision meets acceptable standards.”

I noticed that the report highlights an interesting dilemma on regulation. It is fair to point out that one witness warned of the risk that if regulation is too onerous it will stifle creativity in support arrangements and inhibit independence projects. I was interested in Catch22’s suggestion for a national standards framework, which, if I have read the report accurately, the Committee appears to have liked. I am not sure that the Government’s proposals go anything like far enough, and I urge the Minister to reflect again on that point. About 3,000 young people are covered by other arrangements, and that is an awful lot of lives at risk.

[Bill Esterson]

On what my hon. Friend is saying about our recommendation for a framework of individual regulatory oversight, I confirm that we recommended that the DFE consult on setting one up. Does he agree that that is a sensible way forward?

[Steve McCabe]

I would welcome that, and I urge the Minister to think again.

Finally, there is general consensus that bed-and-breakfast accommodation is unacceptable and that a deadline must be set for phasing it out altogether, although I acknowledge that that cannot happen until more work has been done on developing alternatives. I welcome the fact that the Minister has set a maximum of two days for the time a child can spend in a bed and breakfast. How will that guideline be monitored, because that will be the first test of whether it is having any impact?

I must say that I am disappointed that the Minister does not seem to have accepted the need to set a date by which the use of bed and breakfasts must be phased out. I welcome the decision to collect more data on the use of this arrangement, although I am not clear why he did not accept the suggestion that the Department simply mirror the current arrangement for housing authorities to report to the Department for Communities and Local Government. It seems to me that that is a tried and tested system, so it would make sense and be quite helpful to repeat it.

Will the Minister say when the Department will commence work with stakeholders to understand the issues better, as was mentioned in the Government response? When can we expect to see substantial progress? The use of bed and breakfasts for vulnerable young people who need care must rank alongside other great housing scandals of the past, such as those highlighted by the drama “Cathy Come Home”. I do not accept that it has a continuing place in the plans to care for vulnerable young people.

I again thank the Committee for its excellent report and the Minister for the Government response, but I feel that there is more to do before we can be satisfied that the arrangements for children over the age of 16—for whom we, the state, are responsible—are adequately cared for.