Children and Social Work Bill [Lords]

Tim Loughton Excerpts

3rd reading: House of Commons & Legislative Grand Committee: House of Commons & Report stage: House of Commons
Tuesday 7th March 2017 Commons Chamber

[Heidi Allen]

That is the strength of a decent consultation. I and many of us in this House believe that we can do both. The new clause allows us to spread the burden. It is tough, as some councils have borne a disproportionate burden of responsibility on their shoulders. Those councils have done amazingly, and it is time that other local authorities that have capacity share some of that burden. Guess what? If we consult as well as I think we can, I sense that we will find that we have capacity to manage both.

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

I declare my interest. My hon. Friend knows that I put my name to the amendment and that I support her. I do not want to get hung up on any particular scheme, Dubs or otherwise, because the Government have done an awful lot across many schemes, as the Home Affairs Committee has seen. Many authorities have come forward, and my concern is that we need to know exactly what capacity they realistically have to care for refugee children without there being a detriment to indigenous children, for whom there is a crisis in the number of foster care and residential children’s home places. The amendment might achieve that, whatever she might think.

[Heidi Allen]

Absolutely, and not least because of the refugee crisis. This is good housekeeping. It is good for us to have transparent data so that we can understand the capacity of our local authorities and our care system, which has to help children who are already in the UK care system.

--- Later in debate ---

[Tim Loughton]

I come in at the end of the Bill’s progress, having been in at the beginning on Second Reading, but I want to pay tribute to the hard work that has gone into the Bill and to crave your indulgence, Madam Deputy Speaker, in talking about something that did not make it into the legislation.

Having had experience of children’s Bills over the past 15 years or so, I find it interesting that they have a propensity to be hijacked by things not present on Second Reading that then become the headline in the final stages. True to form, that has happened again with amendments about sex and relationship education, which I fully support—I added my name to that amendment—and about child refugees, which I also support but which did not make it into the Bill in the form that some of us had hoped for. In many respects, that is a shame because it takes attention and focus away from the really important meat of the everyday experiences of vulnerable children, particularly those who find themselves in the care system through no fault of their own. Successive Governments have strived to do much and have achieved much for those children, but we still need to do much more. In welcoming the Bill, I draw the House’s attention to the really good things in it that we did not have much time to discuss today. They were perhaps the more important parts of the Bill as it went through its various stages.

I, too, welcome the addition of the sex and relationship educations clauses. As my right hon. Friend the Member for Basingstoke (Mrs Miller) said, that is ground breaking. Some of us have banged our head against brick walls in various shadow ministerial and post-ministerial positions over many, many years, and the need for it is so screamingly obvious, yet, for all sorts of reasons that I have never quite understood, the measure fails to make it into legislation.

There is an increasing online threat to our children. Shockingly, they are being lured into many things with which we would never have been confronted in our teenage years—just a few years ago in your case, Madam Deputy Speaker, but slightly longer ago for others. Children are exposed to those threats on a daily basis, and the best way to give them defences against those threats must surely be, at an early age at school, to educate, inform, warn and support them against the hazards out in the wider world and the wider web.

By way of example, there was a shocking interview with a teenage girl on “Woman’s Hour” a few years ago. She had been in a relationship with a teenage boy—I think both were under the age of 16—and he had forced her to watch and act out violent pornographic videos, and she had gone along with it. It is shocking that, at her young age, she was under pressure to do that and that it was deemed to be common practice. What was really alarming is that, when the interviewer asked, “Why on earth didn’t you tell him to get lost and report him?” her response was, “Well, I didn’t think I had the right.” If sex and relationships education is anything, it is about giving confidence and empowering young people, particularly young women, that theirs is the choice to say yes or no, and theirs alone.

If we can develop what has now become part of the Bill into an empowerment exercise for our young people, so that they respect other young people and have the confidence to say no—with no meaning no—we will have done this generation of children and future generations a huge service. We have taken a major step forward with this Bill, although the step was not intended on Second Reading, but fortunately it made it in at the last moment with wide cross-party consensus, which is excellent.

The House of Lords is forming a habit of disagreeing with the House of Commons, but I hope that in this case it does not disagree with us. When Ministers formulate the important guidance that needs to go with this legislation, I urge them to be sensitive because this is a big move for many people that will need to be handled carefully and cautiously.

There are many other good things in the Bill, including the local offer for care leavers. In our debates on the Bill we have heard numerous times the figures on the poor outcomes for children in care and for care leavers. The very small proportion who make it to university shows that we still have a long way to go. There is still a large gap in the educational achievement of children in care and others. The gap has narrowed a little, but we need to go so much further. The Government’s support for children in care and adopted children through the pupil premium is a small part of trying to level the playing field.

I welcome the measures, some more controversial than others, on regulating social workers and the need for continuing professional development, but the problem remains that we have a growing shortage of experienced child protection social workers. Work by the all-party parliamentary group for children—I will allude to the study in a minute—shows huge divergences between the experiences in different local authorities. At its worst, one local authority has a 57% locum rate for child social workers. How on earth can we have continuity of care and empathy of care for deeply traumatised and vulnerable children when they are being looked after by non-permanent social workers? That is a huge challenge, and we still have a lot of work to do.

The refugee amendment did not make it into the Bill, but I hope that the spirit of that amendment, which had great support on both sides of the House and on which many undertakings were given by Ministers, will not be forgotten as the Bill’s measures are turned into practice.

Clauses 32 to 39, on the so-called powers to test different ways of working, are no longer in the Bill. I congratulate the Government, because this is a good example of their listening to people from across various professions—academics, practitioners, children’s charities, politicians and others, including me—who were seriously concerned about the huge principles that would have been at stake had the clauses passed into law. There are no parallels for allowing a local authority, or, indeed, other agencies to step outside primary or secondary legislation effectively at the whim of the Secretary of State of the day. That has not been tried with adults—there are no examples of parallels in the Care Act 2014, the Mental Health Act 2007 or the Mental Capacity Act 2005—so why on earth would the Government risk using vulnerable children as guinea pigs to experiment with a new model of working?

I am all in favour of innovation and of being creative in how we get better outcomes and better support for children who most need it, particularly in the care system, but I just do not think we need to remove primary and secondary legislation that has been built up since 1933, on a whim and without consultation. Whatever the safeguards we were promised, at the end of the day it would mean a postcode lottery for the rights of children and for the responsibilities towards those children of different local authorities, depending on when those children happened to be in care.

Back in 2010, one of the first things the coalition Government did in the Department for Education was to recruit Professor Eileen Munro and appoint her to head the complete overhaul of child protection social work. I was pleased and proud to be part of appointing her and implementing her recommendations. We reduced social work legislation from something like 760 pages in the “Working Together” manual, which had accrued over years and years during which the solution to better child protection was more legislation. In the end, that got in the way of social workers being able to use their professionalism, instincts and training to do the right thing by the child. Instead, they had constantly to look at the rule book and over their shoulders.

It was right that we reduced that rule book and that manual and gave greater freedoms and flexibility to social workers, but at no point did that require us, or was it required of us, to remove any of the duties that make up the safety net of primary and secondary legislation. Professor Munro never asked for it; we never considered it; and it was never done. It would have been absolutely inappropriate to do it now, so it was completely appropriate that Professor Munro did not give her support to the Government’s previous proposals. I am pleased that they have listened, and I am grateful to Lord Laming and Lord Mackay in the other place, and to my hon. Friend the Member for Rochester and Strood (Kelly Tolhurst) today, for putting that message across to Ministers.

The Bill has to address the huge variations in practice and outcomes for vulnerable children in care throughout the country. The all-party group for children is about to produce a report on the state of children’s social care. Last year, the average rate of referrals to children’s services was 532 per 10,000 children in the local population. The lowest rate for a local authority was 187 and the highest was 753 per 10,000 children—that is a difference of nine times, just depending on where the child happened to be. Last year, the average national rate of children becoming subject to child protection plans was 54 per 10,000, but the lowest local authority rate was 16.5 and the highest was 180.5—a difference of 10 times. Our report highlights huge differences in experiences and outcomes for children in care, depending on what local authority they happen to live in. That is the biggest challenge that we face. We owe the same duty of care and responsibility to a vulnerable child in care regardless of whether he or she lives in Yorkshire, Sussex or Cornwall. Those clauses that are now no longer in the Bill would have just widened those differential experiences. The Government’s priority now must be to narrow those gaps to make sure that we are doing an ever better job for every child in care in every part of the country.

In closing, may I say that I welcome this Bill? I also welcome the fact that the Government have listened, that the debate has contributed to a great strengthening of some of the measures in this Bill and that some additional measures have been included, but, at the end of the day, we owe our thanks, our respect and our regard to the social workers on the frontline who do an exceedingly challenging job in very challenging circumstances, often dealing with very challenged children and families. We owe a duty of care, thanks and respect to the many foster carers and, increasingly, adoptive parents coming forward to give those children a second chance of a safe, stable and loving home. If there is one upside from our debate on refugees and the publicity about refugees, it is that more people have come forward to offer themselves as foster carers and adoptive parents both for refugee children coming to the county and for the indigenous children for whom we still have a large shortage of places in foster care and for adoption. Those are the people on the frontline who make the difference to children’s lives. We have a lot more to do. We owe much greater care to our vulnerable children, but this Bill is a very good step in making that achievable.