Children and Social Work Bill [ Lords ] (Sixth sitting)

Steve McCabe Excerpts

Committee Debate: 6th sitting: House of Commons
Tuesday 10th January 2017 Public Bill Committees

[Edward Timpson]

I understand what the hon. Lady says and take it in good spirit, but it misses the point of what these clauses are about: building an evidence base. We cannot future-proof all of children’s social care on the basis that we are already seeing failure—I will come to the geographical spread of success and failure across the country—irrespective of the fact that we have a very rigid and complex legislative framework within which all these local authorities have to work. In itself, that framework is providing the inconsistencies that it is meant to prevent. What we are trying to do in the Bill, in a careful and controlled way, is enable different ways of working that are not about what local authorities have to do but about how they do it. That is the purpose of the new clauses.

Hon. Members also asked what would happen if there was a situation where more than one local authority was in a pilot. New clause 9 makes provision for combined authorities to apply for use of the power set out in it. The hon. Member for Stretford and Urmston asked in particular about the Greater Manchester combined authority, which I think involves 10 local authorities that are currently working on their own devolution settlement. Of course, that may involve children’s services, because I understand that such services are part of their agenda. Where there is a combined authority, we will want to see any application made under these provisions, just as we would for any individual local authority.

Similarly, if a local authority was running a pilot and subsequently became a combined authority, it would need to reapply for any change or extension of the pilot. We will make sure that that is set out in statutory guidance, because that would clearly be a change in circumstances in respect of what would have been approved originally by Parliament. As a consequence, the authority would need to seek further approval.

The hon. Member for South Shields also returned to the issue of profit making. As I have said before and will say again now, the power to innovate has absolutely nothing to do with profit making in children’s social care. The clauses make it clear that it cannot be used to revisit the established position on profit, and we have also been clear that pilots are granted on the basis of achieving better outcomes for children and not on efficiencies. I do not see any evidence that this process could be linked to profit making and we will make it clear in statutory guidance that the local authority will be expected to use the financial impact assessment as part of its application, detailing the expected costs and benefits of a pilot. That information will also be available to the expert panel when it scrutinises applications.

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

I have a point that I want to clarify quickly. The Minister said that new clause 9 refers to the situation of a combined authority, as established under section 103 of the Local Democracy, Economic Development and Construction Act 2009. Would it be possible for local authorities that do not fall within that state of affairs to come together? We have examples in London of local authorities that are already working jointly. Is there provision in what he is proposing for that kind of combination to exist? Also, regarding a specific combined authority, would it be possible for a Mayor to override his view about what provisions should apply?

[Edward Timpson]

The answer to the hon. Gentleman’s first point is yes, but of course the authority still has to comply with all the elements put in the applications and the process that follows in respect of the scrutiny of the application, and whether it is approved. There need to be very clear lines of responsibility and accountability within that, because ultimately it is the local authority that is responsible for providing those services; it holds that function.

As for the hon. Gentleman’s question about the Mayor, it is not one that I have been asked directly before; I know that it is becoming more relevant in some parts of the country. My initial view—I will clarify it later; if he does not mind, I will take some time to do that—would be that this is something approved by Parliament, which cannot be superseded by a Mayor or their powers. However, I will certainly seek to ensure that the hon. Gentleman gets chapter and verse on that point.

I also wish to consider the issue around consultation, which hon. Members have raised. The Department has had a period of very open consultation about the power and it has spoken with a wide range of organisations, including representative bodies of social work, local government, the voluntary sector, children’s organisations and others. Those meetings have been instrumental—indeed, critical—in forming our thinking on the new clauses, but we will of course continue to consult as we develop the detail of the process. We have committed to consult publicly on the statutory guidance to accompany the clauses and, as I have said before, there will also be consultation on each individual use of the power.

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[Edward Timpson]

No. I fundamentally disagree with the hon. Lady. To answer the earlier question from the hon. Member for Birmingham, Selly Oak, the likes of Leeds City Council—one of our flagship children’s services councils—North Yorkshire, Lincolnshire County Council and the tri-borough, are all local authorities that have a strong track record in delivering high quality children’s social care. They understand the huge benefit that innovation in their services can make and has brought and they are at the front of the queue among those who want to trial many of these new ways of working. The tri-borough has said that it is

“excited about the ‘power to innovate’ clauses within the Children and Social Work bill. We believe this builds on the Munro Review of Child Protection in helping us to reduce unnecessary bureaucracy and to enable social workers on the front line to spend more time working with families and less time sitting in front of their computers and filling in forms.”

North Yorkshire says that it

“welcomes the opportunity…On behalf of the wider LA sector we are keen to safely explore whether there are freedoms from current national requirements which could be used to enhance local practice.”

I am not prepared to ignore the views of those who I know are at the front of children’s social work, delivering excellent services, who are still looking to improve and can help others to do likewise.

[Steve McCabe]

The Minister is being generous. I am also grateful for the information he has provided about the authorities looking for the opportunity to innovate. Can he tell us what kind of exemptions they are seeking? What are the powers that they feel are currently restricting their innovating practice and which they are seeking to be freed from?

[Edward Timpson]

I am sure that the hon. Gentleman took the time to read the letter that I sent round to all Committee members, which set out a number of examples of how local authorities think the power can be used. There is no presumption that those would be granted, of course: any application would need to go through robust scrutiny before it was agreed, as I have set out.

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[Edward Timpson]

I beg to move, That the clause be read a Second time.

This new clause supports our aim of establishing a new career pathway for social workers that recognises specialist, post-qualification expertise in child and family social work and will reinforce our focus on the quality of practice. It makes provision for the Secretary of State to determine and publish improvement standards for social workers in England, or to arrange for someone else to do so on her behalf. An improvement standard is a post-qualification professional standard which, if attained, demonstrates a particular expertise or specialisation. The Secretary of State will be required to consult before determining any improvement standards.

I would like to make it clear that these standards are distinct from the proficiency standards which the regulator, Social Work England, will set and which must be met by all social workers in order to register. The new clause is vital to enable the introduction of the national assessment and accreditation system which is a fundamental part of our national reform programme that seeks to ensure that all children and families get the support and protection they need.

We are all aware that child and family social workers do an incredibly important job under very trying circumstances, and we all thank them for it. They deal with complex and fraught situations that require great depth of skill, knowledge, understanding and empathy. To clearly set out what characterises effective work with children at their most vulnerable, the chief social worker for children and families, Isabelle Trowler, has published three statements on the knowledge and skills needed to operate at three levels of practice for child and family social workers. That includes frontline practice, supervisory roles and practice leaders. One of the Department’s priorities is supporting the workforce in consistently meeting these aspirations.

The knowledge and skills statements will form the basis of a national assessment and accreditation system for child and family social work, or NAAS. Child and family social workers will be accredited against these standards in order to recognise consistently the specialist knowledge and skills that child and family social workers, supervisors and leaders need in order to practise effectively. NAAS will provide, for the first time, a consistent way of recognising the specialist knowledge and skills needed by child and family social workers, supervisors and leaders to practise effectively. It will recognise progression through the child and family specialism, making clear what good practice looks like and what path a career in social work could take. Supporting social workers to improve their practice is vital when it comes to supporting the profession, and thus the children and families they work with.

We have carried out extensive work with the profession to establish what form assessment will take, and we have launched an open consultation to support our thinking on how the new system is to be rolled out. While there are no current plans for a NAAS for adult social work, this measure would enable the Secretary of State to determine and publish a similar set of improvement standards in relation to adult social workers in England. There is already a degree of specialisation in this area through the roles of approved mental health practitioner and best interest assessor. We intend to look closely at whether taking further steps in this direction for adult social work is desirable.

I trust that the Committee will support this important work to build the professional and public status of children and family social work and support the profession so that it can focus ever more closely on practice that delivers for vulnerable children. [Interruption.] I cannot conclude without hearing from the hon. Member for Birmingham, Selly Oak.

[Steve McCabe]

As I have said before, the Minister is extremely generous. I wanted to ask him about people who have acquired higher-level awards and qualifications as part of previous accreditation exercises. He will be familiar with the old CCETSW post-qualification award in children services. I think I am right in saying that the NSPCC ran a similar award at one stage. There are therefore practitioners who have a previous higher-level qualification award. Is it the Minister’s intention that their awards will be accredited or in some way fitted into the new framework or will those people now be expected to acquire an additional higher-level qualification?

[Edward Timpson]

This is a new form of accreditation and assessment. Over time, all practitioners who want to work in the field will need to be accredited against the new standards set out in the knowledge and skills statement. The difference now is that there are three different tiers. One of the things that has led to our bringing in this proposal is the strong feeling that there has not been a clear career pathway for children’s social workers. When they become experienced they may even become Members of Parliament or they end up in management, away from the frontline but still using their great expertise and knowledge about how to deliver good social work. They have an opportunity to supervise practitioners or to become a practice leader.

Those who are already accredited and have shown that they have relevant experience will be well placed to meet the new accreditation standards that are being set for supervisory and practice leader role. We hope that over time that will enable more of those very high-quality, well-versed and experienced social workers to remain active in social work, rather than our losing that precious commodity as they move into corporate roles within their organisation. I hope that explanation finds favour with the hon. Gentleman and that hon. Members will support the new clause.

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I want to hear what the Minister has to say, because I heard him on Second Reading.

[Steve McCabe]

Before my hon. Friend concludes, I want to say that I am more than happy to support her new clause, although the Minister may be about to tell us that he has an alternative or additional proposal.

Since we have spent so much time talking about the value of innovation, would my hon. Friend be open to a proposal in which the Minister encouraged schools to innovate? We could make a start right away by finding the best models for my hon. Friend’s proposals and some of the wider issues referred to by other organisations, including online safety, tobacco, alcohol, drug abuse and broader health issues. Would she be open to a proposal that said, “Let’s invite schools to innovate. Let’s ask Ofsted to report on the success of that innovation. Let’s encourage schools that are doing the right thing, so that the Minister can free the others from the constraints and encumbrances that current legislation imposes on them.”?

[Stella Creasy]

My hon. Friend will be aware of previous conversations about straying from the point. We were very mindful in drafting this new clause that we should focus on relationship education as part of PSHE, which has been declining in schools. I believe there has been a 21% decrease in the number of PSHE lessons in the past couple of years because it is not valued. We recognised that it had a particular role to play in safeguarding because of the widespread evidence of sexual harassment of children.

I completely agree with my hon. Friend about the value of other forms of lessons. I will give a shout-out to Kris Hallenga and the CoppaFeel! team who have been looking at how to provide cancer education within PSHE. There is clearly a broader debate, but we do not know if there is going to be any alternative education legislation that might allow such proposals to be included.

The point about innovation and safeguarding is apposite. One reason Opposition Members were concerned about other parts of this legislation is that we want to give schools a clear framework about what should be included. Within that, we could work in a way that works for pupils and their location. That is why the new clause specifies a framework for sex and relationship education as part of safeguarding, recognising that it needs to be age appropriate.

The way in which a five, six- or seven-year-old would be taught about their body and how to ensure that, if anything happened that they were not happy or comfortable with, they could speak out, would be very different from the conversations that might be had with 13, 14 or 15-year-olds about some of the things that were going on in their lives. It would also be done in a way that was inclusive. I am particularly mindful of the evidence of young people who are gay and lesbian who said they were not given good sex and relationships education, which caused them huge amounts of harm at a young age, so it is important to ensure it is inclusive.

Finally, we need to recognise different religious perspectives. That is an important element, and I do not underplay that. Concerns have been expressed by religious organisations. We need to reflect and respect religious perspectives without using that to stop the important provision of relationships education.

The new clause is drafted in such a way that it is very much about the role of Ofsted, which I am sure would be involved in any form of safeguarding and monitoring of sex and relationships education in schools, however the Government choose to do this—if they do want to. There is a clear role for Ofsted to look at this as a form of safeguarding. Schools that were not providing sex and relationship education would be judged inadequate on safeguarding, which is a very serious matter, but it would reflect the importance of the topic.

Crucially, the new clause would give young people the opportunity to say whether they wanted to take part in this education. Some 90% of young people surveyed said they wanted this education, so it is important to give them the power to opt out, rather than that being led by their parents. The Secretary of State would have the role of setting the age at which they would be of sufficient maturity to do that. I am thinking particularly of young people who might be at college or in further education who would be covered by the new clause: we want to ensure that they have the right to take part in lessons if they choose to do so.

Finally, returning to the point that my hon. Friend the Member for Birmingham, Selly Oak made in saying, “Let’s just get on and do it”, the new clause sets out a clear timetable. That is the message I want to give to the Minister. I heard his words on Second Reading and I have seen the briefings from the Education Secretary. There has clearly been a sea change in the Government’s perspective on the issue over the past year, which is welcome.

I recognise that there is cross-party support for sex and relationships education. Five Select Committee Chairs said they wanted to see it happen. All of us who have been campaigning on the issue for some time want to see action, because we are all acutely aware that we have lost previous opportunities to make progress. The guidance that covers sex and relationships education for our young people was produced in 2000, before the era of Snapchat, Facebook and even Twitter, which feels as old as the hills. We need to move with the times, but most importantly we need to move. If the Minister will not accept new clause 11 and work with us to make it work, I want to hear him make a commitment to legislation. I tell him plainly: another consultation, another review and a generalised commitment will not do any more. Young people in this country need and deserve better from us.

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Brought up, and read the First time.

[Steve McCabe]

I beg to move, That the clause be read a Second time.

[The Chair]

With this it will be convenient to discuss new clause 20—Former relevant children: provision of sufficient suitable accommodation—

‘(1) In the Children Act 1989, after section 23C insert—

“23CA Duty on local authorities to secure sufficient accommodation for former relevant children

(1) It is the general duty of a local authority to take steps that secure, so far as reasonably practicable, the outcome in subsection (2).

(2) The outcome is that the local authority secures sufficient suitable accommodation (whether or not provided by them) within their area to meet the needs of former relevant children, where “former relevant children” has the same meaning as in section 23C(1) of this Act.

(3) In taking steps to secure the outcome in subsection (2), the local authority must—

(a) produce, and make available to all former relevant children, information about the providers of accommodation and the types of accommodation they provide,

(b) be aware of the current and expected future demand for such accommodation and consider how providers might meet that demand, and

(c) have regard to—

(i) the need to ensure the sustainability of the market, and

(ii) the need to encourage providers to innovate and continuously improve the quality of such accommodation and the efficiency and effectiveness with which it is provided.”’

This new clause would establish a clear statutory duty on local authorities to secure sufficient, suitable accommodation for all care leavers up to age 21. Local authorities already have a duty to ensure sufficient accommodation for looked after children in their area.

[Steve McCabe]

It is a pleasure to serve under your chairmanship, Mr Wilson. Hopefully this will not take too long and will not be terribly contentious. The Minister and I might not necessarily agree on the nature of my new clause, but I hope that there is not too much between us on this issue. As far as I can see, the new clause follows a very welcome decision that he took in the last Parliament about children in foster care staying put. I believe that was the right thing to do and he deserves credit for it. I should say in passing that the idea flows from a previous Labour pilot; we did not have to exempt a single local authority from a single bit of legislation to implement that pilot, but there you go.

Anyway, the new clause comes from a decision taken by the Minister. I always thought at the time that people would inevitably say, “Well, if you are making this provision for children in care who happen to live in a foster home, what about other children in care who have different arrangements?” In fact, I am slightly surprised that we have not reached a stage where this has been tested out in court. It always occurred to me that someone would inevitably seek to challenge and test the legality of a situation whereby we can have rather different sets of rules for children who are subject to the same care provision but are living in slightly different arrangements.

What I seek to do with the new clause is simple: I am trying to mirror the arrangements that the Minister made for children being able to remain in foster care for other children who might want to remain in the children’s home where they live. There are two aspects to consider. First, there is a moral issue. For children who are subject to care orders, we are their parents. They are our responsibility. That is what we sign up to when we receive such children into care.

I listened to the hon. Member for North Dorset talking about being a father and about his children. I assume that all of us who are parents are not the sort of people who are likely to kick our kids out at 18. Maybe some of us will be quite glad to see them go off to university, so that we get a bit of a break and a breather from time to time, but generally I would not think most of us, and most parents, are like that.

The truth is that parenthood is one of those things that people buy into probably for their entire life. There will always be times when children will come back, and there is no golden rule saying that at 18 or 21, they are capable of standing on their own two feet and can be cut adrift. If that is how we would behave towards our own children, it is not unreasonable to say that we should behave like that towards all children, and certainly children for whom we have become the parents.

The situation with foster care is more clear cut. I know that the Minister has a great deal of personal experience of this. The children are living in a semi-permanent arrangement with a particular parent or set of parents and have often been there for a very long time. It makes perfect sense for someone such as the Minister to say, “Well, it is ridiculous to have an artificial cut-off point—I am going to seek to extend that.”

The issue is much more tricky when it comes to children’s homes, because that provision has developed at different times under different frameworks: some local authority—although there is probably much less of that now—some private or in charity or not-for-profit organisations. The nature of the buildings and the homes is different. Although the new clause is designed to try to mirror the provision for foster care arrangements, I am reluctant to say that I want the Minister to legislate to say that everyone can remain in a children’s home, come what may. I do not personally think that is sensible.

As a consequence, I went back and had a look at a proposal drawn up a couple of years ago by a consortium of organisations, many of which the Minister has a lot of contact with: the National Children’s Bureau, the Who Cares? Trust, Action for Children, Barnardo’s and the Centre for Child and Family Research at Loughborough University. I am sure the Minister is familiar with the work they engaged in, which was a scoping exercise, “Staying put for young people in residential care”. The consortium came up with four options that it suggested we might want to consider.

The first option is for care leavers to continue to live in the same children’s home that they were living in when in care, as this is obviously about what we do with children after they pass the cut-off point of 18. My own hunch is that that may work in some circumstances and not in others.

A second option was that the care leaver lives in a separate building but in the same grounds as the children’s home they were living in when in care. Again, that might work in some situations. There may not be scope for that sort of provision in all situations so it may not work and there may not be funding or finance to deal with it.

The third option is that a care leaver might live in a different house from the one they were living in when in the children’s home, but that they would continue to have support—something akin to supported lodgings. The fourth option, which I think is more commonly referred to as “stay close”, is for the young person to live independently but with regular access to their former home—for example, being invited back for tea on a regular basis.

That strikes me as broadly what happens with our own children. They may continue to live with us beyond the age of 18 or they may come back periodically; they may at times live near us and come back. One would hope that we are always available when they need help and support. That is what I am asking the Minister about in the new clause.



Depending on his response, I am not sure that I will want to press the clause to a vote. I am making the point that we cannot have a situation where we have decided that someone who has the good fortune to be in foster care gets extended provision and we recognise their needs beyond the age of 18, but if someone lives in a different kind of care provision, they do not get the same consideration. I do not hold the Minister responsible, but we hear horror stories of care leavers ending up in bed-and-breakfast accommodation, virtually doss-houses in some cases, where they are required to live alongside people with serious alcohol and drug problems, with prostitution on the premises.

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[Steve McCabe]

That was a helpful response from the Minister, and I would like the chance to reflect on what he has said. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

Ordered, That further consideration be now adjourned. —(Mr Syms.)