Operation Augusta

Tim Loughton Excerpts

Wednesday 5th February 2020 Westminster Hall

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

First, I draw attention to my entry in the register. Secondly, I pay tribute to the hon. Member for Blackley and Broughton (Graham Stringer) for bringing this case before the House. It received very little coverage—a few headlines in the newspapers—and was not mentioned at all in this House. Yet the report was of huge significance, not just historically, but for the lessons that still need to be learned, as he alluded to today: how we are still not dealing adequately enough with child sexual abuse in all its forms; and in particular whether we are policing it properly.

As everyone will agree, the report is troubling and makes for uncomfortable reading, such as the tragedy of Victoria Agoglia, the 15-year-old so badly let down in the care of Manchester City Council. Her treatment has many wider implications for vulnerable young people exposed to child sexual exploitation.

I am glad that the hon. Gentleman mentioned Maggie Oliver, who has been the hero throughout the whole of this sorry episode. She called out the neglect—to put it mildly—in effect sacrificed her career and has at last been vindicated after all that time. I met Maggie at the “Newsnight” studio when this issue came up and we were interviewed, just a few weeks ago. I hope the charity that she is looking to set up to continue her good work will be a great success.

I pay tribute to the Mayor of Manchester for commissioning his review—historical, because it was many years before Manchester had an elected Mayor. This is only the first phase of that review, and four further stories that may make equally uncomfortable reading will come out in future. I also pay tribute to the BBC and the “Betrayed Girls” programme, which highlighted some of the horrors that happened.

I am afraid that the situation is not untypical. When I was Children’s Minister, one of the least enjoyable parts of my job was, every Monday morning, a run-through of all the cases that had come in of child abuse or child fatalities, often at the hands of carers, and of the latest state of play in the court cases. Only a few high-profile issues—the Victoria Climbiés, the Baby Ps and some of these gangs—reached the headlines, but they were just the tip of the iceberg. This was going on wholescale, at an industrial level, and to an extent it still is.

Reading the report, I am afraid that I had such a sense of déjà vu. It talked about the horrendous way in which Victoria Agoglia met her death, stating that “No action was taken” by the police or social care to address the issues. The “scoping phase” of the investigation

“built up a compelling picture of the systemic exploitation of looked after children in the care system in the city of Manchester”,

and found that “97 persons of interest” were

“identified as being involved…in the sexual exploitation of the victims”.

None of those 97, it would appear, has been brought to justice. The report concluded that although “significant information” was

“held by both Manchester City Council and Greater Manchester Police on some individuals who potentially posed a risk to children, the review team can offer no assurance that appropriate action was taken to address this risk.”

Sixteen children in the sample were being sexually exploited, and the review team could offer no

“assurance that this was appropriately addressed by either Greater Manchester Police or…the responsible local authority.”

Evidence was presented and victims—often vulnerable children in the care system—were not believed, even when they were brave enough to present. Victims were almost tarred as perpetrators, for bringing it on themselves. In some earlier studies, comments referred to “child prostitutes”—but there is no such thing as a child prostitute. If you are a child, and if you are engaged in sexual activity at the hands of somebody else, that is not prostitution; that is child abuse. It is child sexual exploitation, plain and simple. That phrase “child prostitution” should have no place in our lexicon. We are talking about children, particularly vulnerable children who were ruthlessly exploited and taken advantage of by some very unpleasant individuals.

The whole thing was therefore all too difficult to handle. There were ridiculous considerations of political correctness—which I am afraid were all-pervading, particularly in those days—and the police and other local agencies did not want to rock the boat, so it was swept under the carpet. Even with those 97 identified potential suspects, the inquiry was prematurely closed.

One phrase from the report about the perpetrators summed it up for me:

“They weren’t viewed as sex offenders per se, just a group of men of all ages, from one ethnicity taking advantage of kids from dysfunctional backgrounds.”

It was almost the kids’ fault; those people just happened to be there and took advantage. There is clear evidence that young people were not served or protected by the statutory agencies. The hon. Member for Blackley and Broughton made the point that there is no evidence of any misconduct charges having been brought against anyone involved in the failures of this case. There was a clear absence of identifying where the buck stopped. Some of those police officers are still in the police force, in one case at the level of chief constable, and their careers have advanced with apparently no consequences of the failures raised in the report. That must be addressed.

That attitude was all too common before 2011. There was a combination of ignorance, inadequate training, complacency, political correctness and indifference to vulnerable children. However, I believe that there was a sea change in 2011. Operation Retriever, which was the first high-profile operation, identified, prosecuted and jailed a gang of British Pakistani men based in Derby and other cities across the north. It was bravely brought by Sheila Taylor, who at the time was running a charity for victims in Derby. Through her constant badgering of the police to take the matter seriously, she made sure that it was properly investigated. That was the turning point.

That case was about the scale abuse of mostly but not exclusively teenage girls, by mostly but not exclusively British Pakistani gangs of men. Let us be clear: child sexual exploitation is committed by all sorts of people from all sorts of backgrounds. Most of those in jail will be white men who have committed various forms of child sexual exploitation, but this was a case of organised, systematic gang abuse by predominantly British Pakistani men and it was not properly called out, identified and prosecuted so that those people could be brought to justice. That sea change came about in 2011.

[James Daly]

The report mentioned a 2014 interview in which Victoria’s grandmother said that the men were still walking around in the local community. Nothing happened between 2014 and 2018, when the investigation took place. If there was such a sea change in 2011, can my hon. Friend explain what happened between June 2014 and 2018?

[Tim Loughton]

My hon. Friend is absolutely right; there are still serious shortcomings in this case, but I am trying to draw a picture of why things changed nationally and why there are grounds for optimism, although one would not believe it to look at this report.

The report needs to lead to further investigation into the culpability of the perpetrators and the people who failed to identify and do something about them. Back in 2011, the Government produced the first comprehensive child sexual exploitation plan. I launched it, together with Barnardo’s, and worked with other agencies. It made it clear that that sort of CSE was going on in all parts of society and all parts of our country; it is not just a preserve of northern metropolitan cities such as Manchester. It happens in all parts of town; it is not something that just happens to those sorts of people in a different part of town. It happened to the children of doctors, lawyers and other professionals from all walks of life. The shocking images of gang members started to appear in the newspaper, and people started to wake up to it.

What really caused that sea change was the Jimmy Savile scandal the following year. It became a different world. From October 2012, most people in this country came to realise what child sexual exploitation actually was, and that it was happening. Awareness rose hugely. It was widespread throughout all sorts of society: in the health service, in education, in children’s homes, in the Church of England—I refer to the recent exposure about Bishop Peter Ball. Again, the police just shoved it under the carpet and did not properly pursue it. It happened in politics, with Cyril Smith and Operation Midland, where there were serious shortcomings—that will be the subject of further debate in this House in due course. It was happening in Rotherham, Oxford, Cornwall, Rochdale, Telford and so on. That led to the historic child abuse inquiry, which is still undertaking its huge job of work.

The question is: have things changed? Have the police, and all agencies, got wiser to detecting and taking seriously allegations of child sexual abuse? Have mindsets changed since 2004? The people who should have been looking after vulnerable children were just not; they were questioning whether anything serious was happening to them. Back in 2004 we were focused on cases such as that of Victoria Climbié. We had just had the Laming review. Abuse of children was largely down to carers inflicting violence on vulnerable children. The whole business of gangs and sexual exploitation was not on the radar. Some seven or eight years later, that very much came on to the radar.

What has changed—I saw this in my time as Children’s Minister and subsequently—is that now every single police officer is trained to identify child sexual exploitation. We have better joint working between agencies, although it is still not nearly good enough—I have serious concerns about the successors to the local safeguarding children boards properly joining up all the local interested parties. More cases are coming to court. Indeed, some 50% of cases going through the courts at the moment are to do with historical and contemporary sexual abuse. The problem is that far too little is ending up in prosecutions, particularly for contemporary sexual abuse and rape. It is still a big problem in this country.

I would like to finish with some of the statistics. Last year something like 104,000 children went through the care system in this country. It was estimated by an all-party group led by our former colleague Ann Coffey, who did a lot of very good work, that 11,500, or 11%, went missing at some stage. The National Society for the Prevention of Cruelty to Children estimates that a child is abused in this country every seven minutes. There were some 76,000 reported sexual offences—a record level and a big rise over recent years—and 20% of those relate to children under the age of 10. That is down to better reporting and better police recording, but also to the fact that it is still a problem and we are not doing enough about it. It is also to do with children in the care system not being properly looked after.

Too many children are excluded from school— 42 children a day are permanently excluded from school and 410 are on fixed-term exclusions. They end up in gang and knife culture and become vulnerable to predators. Back in 2011-12 we produced heat maps of where children should be placed. Senior police officers and heads of schools from Kent, where a disproportionate number of children in care are placed—largely from London boroughs—came to see me. They told me that they were seriously worried about being overwhelmed by children in the care system who were not properly looked after and were placed in wholly inappropriate areas. We had cases of children being placed in children’s homes on the same streets as sex offender hostels.

We changed the regulations so that where children are placed out of the area of the local authority responsible for them, the director of children’s services will be responsible for a risk assessment of whether the place is appropriate and safe—not just whether the house was okay, but whether the area was okay. Still, 41% of children across the care system are placed out of area. In the case of going to children’s homes, that is over two thirds. Those heat maps are still not being properly enforced. That is part of the reason why too many of our children are still vulnerable.

My plea is that we learn the lessons. We need to know why people were not brought to account, and they still need to be brought to account. Are perpetrators still out there who could be prosecuted? What are we doing for the victims—those children who are still suffering the trauma of having gone through their experiences, which have been brought up again by the publication of this report? Are we properly looking after their interests? What are we doing now to ensure that those vulnerable children are properly looked after by agencies who get it? Agencies must know the extent of the problem, know what they have to do and act together in the best interests of the welfare of those children, so that tragic cases such as Victoria’s never happen again.

[Several hon. Members rose—]

Policing and Crime

Tim Loughton Excerpts

Wednesday 29th January 2020 Commons Chamber

[Kit Malthouse]

On the very last day of the last Parliament there was a Westminster Hall debate on precisely this subject. As I explained in that debate, we hope shortly to publish the results of the call for evidence that we put out early last year on this particular crime type. I am aware that shop workers and others who are in the frontline at the shop counter see a significant amount of crime, not least against them physically, and once we have digested the results of that call for evidence I am hopeful that we will be able to work with the industry to bring solutions to comfort those who put up with that crime.

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

I am grateful to the Minister for giving way. He is being exceedingly generous in promoting a debate, in stark contrast to what we heard from the Opposition Benches. He is right to say that police numbers are welcome but not the be all and end all. It is appropriate that the police have the right kit and the right powers to pursue criminals. Does he agree that one of the most worrying things has been the huge increase in fraud crimes, which account for about half of all crimes, but for which traditional policing is completely inappropriate? What more can we do to ensure that the Action Fraud record of fewer than 1.5% of reported frauds resulting in a prosecution can be improved? That would get all the crime figures down.

[Kit Malthouse]

My hon. Friend is quite right to say that the rise in fraud over the past few years has been significant, and the Minister for Security, my right hon. Friend the Member for Great Yarmouth (Brandon Lewis), and I are not necessarily convinced that we are in the best shape organisationally to deal with it. A review has recently been done by Sir Craig Mackey into the way we address fraud, and I know that my right hon. Friend, whose part of the business this is, will be digesting that report and coming forward with proposals. My hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) may remember, however, that in the manifesto on which he and I both stood there was a pledge to create a cyber force. Given that we are seeing an exponential growth in the amount of online fraud, it strikes me that there is some strength in that proposal, and we will be bringing something forward in the near future.

It is sometimes easy to lose sight of the fact that the surest way to tackle crime is to prevent it from happening in the first place. We have announced an extensive series of preventive measures to remove opportunities for crime and to tackle its root causes. I recently announced the launch of a £25 million safer streets fund to support areas that are disproportionately affected by acquisitive crime and to invest in well- evidenced preventive interventions such as home security and street lighting. We are investing millions in early intervention through the £22 million early intervention youth fund and the long-term £200 million youth endowment fund to ensure that those most at risk are given the opportunity to turn away from violence and lead positive lives. The Serious Violence Bill will introduce a legal duty for schools, police, councils and health authorities to work together to prevent serious violence, along the lines that my hon. Friend the Member for Cities of London and Westminster (Nickie Aiken) suggested. They will be required to collaborate on an effective local response and to safeguard those most at risk, thereby protecting young people, their families and communities.

I cannot agree with the Opposition’s diagnosis of why certain types of crime are on the rise. I believe that colleagues on both sides of the House can see just how seriously the Government take the protection of our citizens. Our measures are extensive, well funded and based on firm evidence, and as long as crime continues to blight the lives of the most vulnerable, its eradication remains one of the people’s priorities and therefore our priority. Nothing can atone for the damage that crime inflicts on our communities each and every day, but we hope that in the years to come, fewer families will have to suffer the trauma of victimhood or the pain of bereavement that I saw on the face of Amro Elbadawi’s father.

Automated Facial Recognition Surveillance

Tim Loughton Excerpts

Monday 27th January 2020 Commons Chamber

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

If it is subject to the appropriate ethical controls and privacy requirements, I see this technology more as a benefit than a threat. It is another tool in the police toolbox for fighting crime. Does the Minister envisage its application in order to deal with the more than 300,000 people in this country who went missing last year, who were predominantly children? Speed is of the essence in locating them for their own safety.

[Kit Malthouse]

My hon. Friend highlights an extremely important opportunity for us. As he quite rightly points out, many, many people go missing every year. Some people want to disappear for various reasons, but, often, young people do not want to do so. Where it is proportionate, necessary and in line with the code, the identification of missing vulnerable people, particularly young people, would certainly be an incredibly good use of the technology.

Civil Partnership

Tim Loughton Excerpts

Thursday 31st October 2019 Commons Chamber

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

I do.

[Mr Speaker]

Just before I put the Question, I want to say, by way of response to the Minister, a big thank you. That was a very generous and gracious tribute from her. If I may return the compliment—and I think it is relevant to the whole question of the language of discourse—let me say that the hon. Lady has perfected the art of disagreeing agreeably. She is a brilliant advocate of her case, and a very highly respected and rising member of the Government. It is obvious that, in conducting debates in the Chamber, she relishes the political argument, the analysis of policy, the competing claims and so on, but in my experience—and I have heard her speak many times at that Dispatch Box—when engaging in debate, she always plays the ball rather than the man or the woman, and that is to her enduring credit. I reciprocate her very warm wishes: I wish her all the best.

--- Later in debate ---

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

I have a bit of a sense of déjà vu all over again on this Bill. It has been a long journey getting here, but this is a happy day that will lead to very many happy days for happy couples, starting on 31 December. I will be going out to buy a new hat in anticipation of those events shortly. Before I make my brief comments and put some specific questions to the Minister, however, I just want to take issue with the hon. Member for Brent Central (Dawn Butler). It is a shame that the Opposition Front Bench has taken a slightly churlish attitude in this debate. There is a simple response to her question as to why this has taken so long. Very simply, it is because, having promised me that they would vote for it, Labour Members voted against the amendment to the Marriage (Same Sex Couples) Act 2013 that would have achieved this several years ago. So she might like to look to her own side before she tries to cast aspersions on what has been a magnificent effort by the Government to get here today.

[Sir Edward Leigh (Gainsborough) (Con)]

I pay tribute to my hon. Friend. I have been campaigning on this for many years. I was approached by two sisters at the time of the passing of the original Civil Partnership Act 2004 by Tony Blair. The sisters had lived together for many years and faced being evicted and losing their home because they could not have a civil partnership. Will my hon. Friend say a bit more about that particular case?

[Tim Loughton]

That would probably be stretching out of order, but I appreciate that my hon. Friend took up the issue before I did. It is a cause with which I have some sympathy, and there have been measures in the other place for a Bill on that topic. This legislation is about couples and relationships and recognition and protections that are not available. The matters to which he refers, which relate particularly to siblings who are living together and are entirely dependent on each other, are largely financial ones, and that should be addressed in financial legislation. I would absolutely support him if that were to happen in the future.

I just want to pay some tributes, because this might not have happened today. If this debate had not happened before the end of this Parliament, the necessary regulations that form part of the 2019 Act, which received Royal Assent back on 26 March, would not have been completed in time for the first civil partnerships between opposite-sex couples to take place, as promised, before the end of this year. I am therefore grateful to the Chief Whip, the usual channels, the Minister, the Statutory Instruments Committee, which met hurriedly yesterday, and the officials, who worked tirelessly in order to get us to where we are today. Otherwise, the promises that we made to the people who were looking forward to having their happy day on 31 December might not have been kept.

I have constantly stated that many register offices around the country have been taking provisional bookings for civil partnerships, including on the very last day of this year. A lot is hingeing on this, and many people will be watching these proceedings and the news that comes out. The issue was that, in order for civil partnerships to take place by the end of this year, the regulations had to be laid and then there is a minimum of 28 days—it is not really a cooling-off period—between a couple registering their interest in a civil partnership before it is able to be conducted. That meant that if the regulations had not been approved before 2 December, that process could not have been gone through. I am therefore grateful to the Government, because it was always a big thing for me that this should happen this year, rather than there be yet further delay. The Minister, true to her word, was able to persuade the powers that be to agree to that. I am grateful to all the officials and Ministers who have made this possible.

It is something of an honour that this will be the last piece of debatable business in this Parliament and the last debatable business that you will oversee, Mr Speaker. You have been a big supporter of this change, although you would never admit it and show any degree of partiality, but I know, unofficially, that you have got behind this change, which has been of great help and comfort to people outside this House who see this as an obvious equality measure that should have happened some time ago.

The process has been expedited, but I just have a few brief questions for the Minister. First, will she confirm—I think she already has—that the fact that we are debating this well before 2 December does not mean that the 28 days start from today? If so, we may need to expedite the purchase of hats before the end of November, rather than the end of December, but I think she has confirmed that the earliest that the first civil partnership ceremony can take place will be 31 December 2019 for those who have registered their interest by 2 December. Emergency civil partnerships are an exception and, as happened with civil partnerships between same-sex couples back in 2014, could be approved in a matter of hours or days after 2 December. Some people who have been part of the equal-partner civil partnerships campaign and who have terminal illnesses are very much looking for the change to happen as soon as possible. Perhaps the Minister can confirm that for the benefit of those for whom the date is particularly crucial. Could the Minister also confirm the status of opposite-sex civil partnerships registered outside England and Wales, for example, on the Isle of Man, which was the first part of the British Isles to approve opposite-sex civil partnerships and where key people involved in the campaign have undergone a civil partnership? Will their civil partnership be recognised in our law from 2 December or 31 December, or will this still be contingent on further work on regulations that needs to take place?

I fully appreciate that this measure is not the end of the story; this enables new opposite-sex couples to engage in a new civil partnership and there is much work still to be done on the conversion for those who are already married, just as there was a conversion the other way round in respect of civil partnerships for same-sex couples. Looking through the regulations, which are detailed and technical, I appreciate the work that has gone into everything from gender recognition to the status of children, the warm home discount and digital switchover. All that legislation, extraordinarily, has to be considered in these regulations in order to get this right. Will the Minister therefore clarify the status of existing overseas or ex-England opposite-sex civil partnerships?

Will the Minister also issue guidance as soon as possible to registrars around the country that they should be open for business from 2 December? There has been confusion as to whether this would happen and some registrars, the more far-sighted ones, have been taking provisional waiting lists as from 31 December, whereas others have said, “It’s not happening, so don’t call us, we’ll call you after 31 December.” It is important that clear instructions are now issued. If she could signal from the Dispatch Box as well, that would be helpful, because people need to prepare. People who have been waiting years and years for this day to happen want to be able to get on with it, and we need to ensure that registrars know what they are doing in order to facilitate their request.

Finally, let me say that this is just but one part of my Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019. There are three other parts to it. I raised the issue of mothers’ names on marriage certificates with the Second Church Estates Commissioner, which has yet to be resolved by formal regulations. The second issue is about the Secretary of State giving the go-ahead for coroners to have the power to investigate stillbirths. The last issue is the review of sub-24-week stillbirths. They are all important parts of my multifaceted Act that still require further regulations. I appreciate that today we are dealing purely with the civil partnerships part of it, but it would be helpful if the Minister gave some indication that work is ongoing on those other important parts of this Act.

Once again, may I thank the Minister in particular for expediting these measures today, just in the nick of time? For many hundreds of couples up and down the country waiting on this, it is a really important and happy development.

Public Services

Tim Loughton Excerpts

Wednesday 16th October 2019 Commons Chamber

[Mrs May]

I am very happy to commend the Hampshire force for the work that it does in introducing specialist specials. It is extremely good. Hampshire has always been one of the forces at the forefront of the use of technology and at looking at these issues around cyber-crime. We want to be the safest place in the world to be online and the best place in the world to set up a digital business, so the proportionate approach set out in the online harms Bill is absolutely right.

I want to say just a word about the Environment Bill, because it will have an enormous impact on people’s quality of life. I was pleased that, when we launched the 25-year environment plan last year, we set out the aim to be the first generation to leave the environment in a better state than when we came into government. That is so important. The debate is often crystallised around climate change, but it is about so much more than that. If we are to deal with these issues, it is about the very small ways that, individually, each one of us can make a contribution. Within the Bill, I am particularly pleased about the work that is going to be done on biodiversity, on protecting natural habitats and, indeed, on waste crime, which afflicts too many of our constituencies.

There are many excellent Bills that will improve people’s quality of life, building on four years of good Conservative Government and nine years of Conservatives in government. None the less, I wish to press the Government on three areas. The first is on mental health. The work done by Sir Simon Wessely and his team in reviewing the Mental Health Act 1983 was incredibly important. Some of the findings of that work were truly shocking, particularly in relation to the way some people in mental health crisis were being treated. It is important that this Government not only consider the Government response to that review of the Mental Health Act as soon as possible, but commit to introducing new legislation—a new mental health Act—to deal with these issues. I sat and listened to the testimony of some service users, and it was truly shocking to hear how they had been treated as second-class citizens, or worse, in their treatment. We do need to address that.

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

My right hon. Friend is being very generous in taking interventions. I pay tribute to the work that she did on mental health, particularly on school age mental health, but does she agree that, as well as changing legislation, the biggest impact that we can have on the mental health of children is in the initial 1,000 days of that child’s life? Forming a strong attachment between a child and their parents is the best way of making sure that that child arrives at school in a balanced state, able to take advantage of good education and able to go on to be a contributing member of society. We must do much more, much earlier.

Operation Midland Independent Report

Tim Loughton Excerpts

Monday 7th October 2019 Commons Chamber

[Kit Malthouse]

The hon. Gentleman is right, and he will know there was a significant inquiry into the relationship between the press and the police that came to certain conclusions, and the practices, certainly the formal practices, within the police service have since changed. Having said that, although primary responsibility lies with the police, the media also have a responsibility to report such things responsibly and to recognise that they have a wider responsibility towards society beyond just selling headlines.

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

Madam Deputy Speaker, you may recall that, six years ago, the then chief constable of Sussex was found to have breached privilege after an investigation by the Standards and Privileges Committee into a vexatious investigation against me. It then took the IPCC over three and a half years to uphold four of my five complaints, by which time all the officers investigated had retired, and therefore no penalties could be imposed.

It looks as though the same has now happened with the IOPC. The investigation took far too long, and only one of the officers was actually interviewed face to face. How is it that the damning Henriques report talked about Operation Midland in terms of

“incompetently, negligently and almost with institutional stupidity”,

yet today’s IOPC report refers to “shortcomings” in the handling of the whole investigation. What will the Minister now do to ascertain whether the IOPC, almost two years after it took over from the IPCC, is actually fit for purpose?

[Kit Malthouse]

My hon. Friend raises an important point about the timeliness of IOPC investigations. Some of the timelines in some of these investigations are unacceptably long. We have plans to introduce measures next year to urge, compel or incentivise the IOPC to complete its investigations in under 12 months. If an investigation goes beyond 12 months, the IOPC will have to issue an explanation.

My hon. Friend knows that significant reforms were introduced during the transition from the IPCC to the IOPC to try to strengthen the organisation’s governance, not least by creating a board with non-executive directors in the majority, as opposed to the previous structure in which the investigators or inspectors themselves sat as an internal board. There is now some internal scrutiny, but there will be an opportunity to continue the path of reform. If he has ideas about how we should proceed, he should please let me know.

EU Settlement Scheme: Looked-after Children and Care Leavers

Tim Loughton Excerpts

Tuesday 3rd September 2019 Westminster Hall

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

Thank you very much, Mr Bone, for calling me to speak. It is a pleasure to be back and to serve under your chairmanship.

This debate is on a subject that I fear might be slightly overshadowed by other events in Parliament today and for the rest of the week, but it is no less important in the impact that it could have on a small group of very vulnerable children, and it is absolutely right that we should be considering it. I congratulate my co-applicant for this debate, the hon. Member for Birmingham, Selly Oak (Steve McCabe), on the way he set out the case and I am grateful to the Backbench Business Committee for granting time for this debate on the first day back.

I welcome the new Minister, the Under-Secretary of State for the Home Department, my hon. Friend the Member for South Ribble (Seema Kennedy), and I hope that we will have as positive an engagement with her on these sorts of issues as we had with her predecessors. In the past, I had many discussions with those predecessors, and they recognised some of the practical implications of immigration policy on some of the most vulnerable children to whom we provide a home in this country. I am sure that dialogue will continue with the new Minister and I look forward to that.

In this country we have a great tradition of looking after children in the care system. There has been gradual progress on improving outcomes, but we need to go an awful lot further. Nevertheless, this is something that we in this country do well. One only has to go to a number of other countries that just do not have the sort of sophisticated and advanced children’s social care system that we take for granted, even with all the problems that we hear about, to realise that it is still one of the best such systems in the world.

Of course, we also have a great and proud record of giving safe refuge to vulnerable families and children from overseas, particularly unaccompanied minors fleeing from the most unimaginable danger, and it is absolutely right that we should continue to do that. Our recent record of helping those very vulnerable children from Syria and other conflict zones who have lost family, which includes participation in the family reunion schemes that I will allude to shortly, is certainly one that we should be very proud of.

I will just refer to the correspondence that the Home Affairs Committee had with the previous Home Secretary, now the Chancellor of the Exchequer. I do not think we take credit for this enough, but under the Dublin scheme there has been a significant increase in recent years in the number of children arriving in the UK to be reunited with members of their family who are already here. In 2015, just 24 children arrived in the UK under articles 8.1 and 8.2 of the Dublin regulation, but by 2018—last year —that figure had risen to 159.

It is also important that we are looking after those children appropriately, so I was pleased to hear from the Home Secretary that the Home Office, in partnership with the Department for Education, had developed and adapted its processes to ensure that Dublin transfers are conducted in a safe and secure way, and that there are new processes in place now that were not there just a few years ago.

[Stella Creasy]

The hon. Gentleman is right that Dublin has helped us to support some of the most vulnerable children in our communities. Does he share my grave concern about the reports that if there is a no-deal Brexit, that scheme will be abandoned, and about what that means for the children we already have in this country and indeed for some of the vulnerable children who we know may try to get safe passage to this country? Does he agree that it is important to protect Dublin and the principles that it espouses in terms of our ability to safeguard children in our own country?

[Tim Loughton]

I appreciate that very important point. It has been the subject of some of the discussions we have had with previous Home Secretaries. We have discussed not only what happens if there is a no-deal scenario but what happens if there is an agreement. If there is an agreement, the terms that should apply to children seeking to be reunited with families need to be at least as generous as those under the Dublin scheme, because under our domestic terms a range of family members are not included. We need to overhaul our own laws and increase the flexibility with which we can take on unaccompanied children who seek to be united with relatives who are often distant relatives but are nevertheless the only remaining members of their family, such has been the danger and the terror that they have had to escape from.

So, whatever happens in the next few weeks and months and goodness knows when, this issue needs to be looked at separately. As I say, I have had very positive discussions. When I and my right hon. Friend the Secretary of State for Digital, Culture, Media and Sport have approached the Home Secretary before, having been on trips to Greece with UNICEF to see some of the children who are applying for these schemes, we have had a very positive response and I very much hope that that will continue under new Ministers within the Home Office. But the hon. Member for Walthamstow (Stella Creasy) makes a very pertinent point. Therefore, whatever happens, we need clarification under Dublin.

However, there is a problem closer to home, which is what we are discussing today, as a direct result of Brexit. It has not received the level of attention that many other aspects of the immigration scheme have, and it is a cause for concern. I have an interest in it, both as a former children’s Minister, and as the chair of the all-party parliamentary group for children and vice-chair of the all-party parliamentary group for looked-after children and care leavers, which the hon. Member for Birmingham, Selly Oak very admirably chairs. These sorts of issues come up with the children who we see.

As we know, the EU settlement registration scheme aims to establish the immigration status of EU citizens legally residing in the UK after we have left the EU. It grants settled or pre-settled status, with rights to work, travel, use public services, access public benefits and so on. As the hon. Gentleman said, it is the largest registration system ever planned in the UK. It has been a huge challenge and not without its problems, certainly early on. It needs to progress smoothly, to avoid another Windrush scandal, which has been mentioned. It has been subject to a lot of scrutiny and some criticism by the Home Affairs Committee, which I sit on. We produced a report in May on the scheme. In fact, we will take evidence again tomorrow—with the hon. Member for Stretford and Urmston (Kate Green) there, too—on how our preparedness for Brexit has hopefully improved since we last heard from witnesses on this subject.

Over a million people have now registered under that scheme; I gather that nobody has been refused. I myself have had just one complaint from constituents about the way it works, so things are better, if still not ideal.

[Kate Green]

I agree with the hon. Gentleman that many people have been able to access the scheme successfully and it has been very helpful that the Home Office has begun to publish the data on the number of people going through the scheme. However, does he agree that we need one particular piece of data to be disentangled, which is in relation to 16 to 18-year-olds going through the scheme? Currently, they are being included in the number of adults going through the scheme, but nowhere in our law is a 16 or 17-year-old treated as an adult.

[Tim Loughton]

The hon. Lady is absolutely right; in fact, she has pre-empted what I will now not bother to say later. As she says, 16 and 17-year-olds have been assimilated with adults, but children in this country are those under the age of 18. So, it is absolutely essential that that definition is applied to all children, not least those most vulnerable of children. And as a result of schemes such as Staying Put, what is effectively the definition of the children who come within that remit will expand to include those aged up to 21, 23 and even 25 in the case of some, including those children with disabilities. Therefore, those figures that she referred to absolutely need to be disassembled, because these children are probably the largest group within the cohort that we are talking about today.

The Children’s Society has been very vociferous on the issue that we are considering today and it has done a lot of work on it; I pay tribute to that work, and the Children’s Society has also helped us to prepare for this debate. It has made a calculation—it is not about children in care, but it allows us to put things in context—that between the end of August 2018 and the end of June this year, 107,110 children under the age of 16 applied to the EU settlement scheme. So far, 86% of those children have had a conclusion to their application; 65% have got settled status and 35% have got pre-settled status; 180 applications were withdrawn, or were void or invalid; and no applications have been refused. However, that still leaves 14,510 children, who are presumably waiting for their applications to be concluded. So there is also a group of children coming through the normal scheme who are slightly in limbo.

Again, the whole point about the 16 and 17-year-olds is that we do not know how that group is broken down. So I repeat the call from the Children’s Society to see the ages of applicants broken down further, so that under-18s—as well as 18 to 25-year-olds, who are another potentially vulnerable subset of children not of “child age” but who are equally important and vulnerable—can be properly identified and, as a result, supported.

The Children’s Society also says:

“Additionally, only 12% of the applications to the EU Settlement Scheme have come from children aged under 16. But analysis from the Migration Observatory suggests that there were 700,000 EU children under 18 in the UK in 2018, meaning hundreds of thousands of children may still need to apply for settled status or secure British citizenship. If they do not, they risk being left without a lawful status in the UK which means being unable to access education, employment, healthcare, housing and other vital services.”

Therefore, this is still a big problem for those children in the care system and for those who, though not looked after, are unaccounted for in the applications that have come through so far. There is still an awful lot of work to do.

That group of up to about 5,000 looked-after children who will need to apply to the EU settlement scheme does not include care leavers—some of whom may be subject to “staying put” arrangements and other special support measures—or children who are classified as in need and who receive support services and vital help from local authority children’s services departments. That figure represents something like 6% of all children in care in this country—five years ago it was 3%, so there has been a rapid increase. Those individuals are an important part of the looked-after children estate and potentially some of the most problematic children to identify, support and register.

As the hon. Member for Birmingham, Selly Oak mentioned, it is a sad fact of life that children in the care system are still much too disproportionately represented in the youth justice system. Many are victims of people traffickers, many have English as a second language, and many rely on being able to access benefits and other support that we take for granted. Our children’s services departments are hugely overstretched, and the all-party parliamentary group for children has recently produced a number of reports on the issue.

I welcome hugely the announcement of an additional £14 billion for schools. I hope it will be confirmed tomorrow in the comprehensive spending review, although goodness knows what will happen tomorrow. It will be very well received, particularly in my part of the world of Sussex and other shire counties, but I want to ensure that children’s social care services are not excluded. Those services are within the remit of the Department for Education and have faced huge funding challenges, yet it is the local authority departments that provide them that will be responsible for looking out for these children, for identifying and registering them, and for the legal expertise for cases that are not as straightforward as those involving other children. For example, if children are here with a French or German family, they will be able to make the application on their behalf.

[Luke Graham (Ochil and South Perthshire) (Con)]

My hon. Friend is making a fantastic and well-informed speech. Of the £14 billion going to education, £2 billion is due to go to Scotland, where the issue is devolved. I am concerned about how central Government will work with devolved and local government to ensure that no EU citizen, and certainly no child in care, is left behind, and I hope the Minister will clarify that in her closing speech. Scotland has only about 8% of the UK population but about 14% of the UK’s children in care. That is a problem for us, and every single level of government needs to work together to ensure that no one is left behind.

[Tim Loughton]

My hon. Friend makes an important point. Although we are talking primarily about the looked-after children population in England and Wales, there is a particular issue in Scotland. I had not realised that the proportion was that high. It is really important that money going into education, which is also for the wider benefit of children in the social care system, is targeted at those children who need it most. If the issue is not dealt with, the problem in Scotland could be greater even than that in England and Wales. I hope that the Minister and the Scottish Administration are listening to my hon. Friend’s case.

Many of the children in this potentially most problematic group will have come here in difficult circumstances and gone into care, and it is highly likely that they lack birth certificates and passports and will find it difficult to prove their length of stay in the UK. They may have been moved around the whole system, as so often happens. Yet these children—I repeat that they are children—are expected to produce documentation in order to qualify under the scheme, even though they may not have that documentation. Moreover, the local authorities responsible for them could face huge challenges and detective work, requiring their buying in legal expertise and acting as advocates at a time when they are already hard pressed to look after the record number of children from the indigenous population who have recently entered the care system.

The hon. Member for Birmingham, Selly Oak pre-empted what I was going to say about the citizenship fees, which have been flagged up by the Select Committee on Home Affairs. The increase in fees over recent years, at all levels, has been extravagant, to put it mildly—the fees go well beyond recovering the cost of the service offered. In the past, it was always the principle that the charge should be equivalent to the cost of recovery, not that it should exceed it in order to subsidise services elsewhere in the Home Office. It is difficult to justify the high fee of £1,012 for a child to whom we have given safety and refuge. In most cases the cost will come out of local authority budgets—namely, children’s social care budgets, which are already greatly pressed—meaning less money to spend on social workers and on care placings for other children. Mr Bone, I should have mentioned my entry in the Register of Members’ Financial Interests.

Before I conclude with my asks, I wish to reinforce what the hon. Member for Birmingham, Selly Oak said about the situation of children coming over from France. There has been recent correspondence between the previous Home Secretary—my right hon. Friend the Member for Bromsgrove (Sajid Javid)—and the Home Affairs Committee, because we were concerned about what was happening to children in very vulnerable and dangerous situations in some of the camps in France, in particular those with a claim to come to the UK through the family reunion and other schemes, the processing of which seems to be taking an interminably long time. Part of the reason for that, as I found out when I went to Greece, is that, while potential candidates are lined up by charities and authorities, the process relies on social workers back in the UK doing the investigative work to ensure that the placements properly take care of the children’s welfare. However, due to the current recruitment situation, social workers are being pulled in all directions.

The previous Home Secretary provided some reassurance in his letter:

“I am pleased to confirm that the vast majority of the cases involving children in France awaiting transfer to the UK have been resolved, with many of the children having already transferred, under either the Dublin III Regulation…or section 67 of the Immigration Act 2016, or shortly about to; others are pursuing their asylum claim in France.”

These are some of the most vulnerable children and, frankly, if they were in camps outside Dover our local authority children’s services departments and our Government would have taken care of them. It is extraordinary that that has not happened in other countries. I am pleased that we have now accelerated the process to ensure that those who qualify are brought to a place of safety.

In conclusion, I have two asks. The first is that automatic settled status be granted to all looked-after children and care leavers. The very fact that those children are being looked after by local authorities in what are recognised as legitimate placements, paid for by the United Kingdom taxpayer and the local council tax payer, is an endorsement of their legitimacy and of our responsibility to look after them in the first place. Surely, therefore, the assumption should be that they absolutely have a rightful place in this country. If there is a problem with that, we should argue the toss later on, but let us give them protection at the outset.

Secondly, the issue of fees needs to be looked at—an ask of the Home Affairs Committee to the previous Immigration Minister, the right hon. Member for Romsey and Southampton North (Caroline Nokes). It is such a complicated system, as the Windrush issue threw up, with many different avenues to qualifying for citizenship. It is a complete minefield that needs to be simplified and the charges need to be reduced. The complicated nature of the system also makes it very expensive. For goodness’ sake, on behalf of this small but vulnerable group of looked-after children and care leavers, I urge the Government to waive their fees for citizenship applications. That is essential, whether or not we have a deal to come out of the EU—which matters not a jot to those children. They need our help and support. This country has recognised their need and has provided support. Let us not let bureaucracy stand in the way of continuing to do the right thing by those children, as we have a proud record of doing.

[Mr Peter Bone (in the Chair)]

It might be useful for the House to know that the wind-up speeches will have to start no later than 12.30. I have two Members trying to catch my eye, so perhaps they will bear that in mind.

Children and Young Persons

Tim Loughton Excerpts

Tuesday 18th June 2019 Commons Chamber

[The Parliamentary Under-Secretary of State for the Home Department (Victoria Atkins)]

I beg to move,

That the draft Safeguarding Vulnerable Groups Act 2006 (Specified Scottish Authority and Barred Lists) Order 2019, which was laid before this House on 20 May, be approved.

This order relates to the process by which an individual may be barred from working with children or vulnerable adults, and provides for greater recognition of barring decisions taken in other UK jurisdictions.

As Members will know, the Disclosure and Barring Service makes considered decisions regarding whether an individual should be barred from engaging in regulated activity which means close regular work with children, vulnerable adults or both in England, Wales and Northern Ireland. The DBS also maintains a list of individuals it has barred from undertaking regulated activity with children or adults. This process is vital to protecting children and vulnerable adults from those who pose the greatest risk of doing them harm. It supports employers in making informed decisions about an individual’s suitability when they recruit for the most sensitive roles. As Members will know, it is an offence for a barred individual to work or to seek to work in regulated activity.

Paragraphs 6(2) and 12(3) of schedule 3 to the Safeguarding Vulnerable Groups Act 2006 provide that individuals previously considered by a “relevant Scottish authority” for inclusion on “a corresponding list” cannot be included in a barred list in England and Wales on the basis of the same circumstances. The order is being made to specify those terms to give effect to paragraphs 6 and 12. The order specifies that the Scottish Ministers are the “relevant Scottish Authority”, and that the lists maintained by the Scottish Ministers under the Protecting Vulnerable Groups (Scotland) Act 2007 are “corresponding lists” to those lists of barred individuals maintained under the 2006 Act.

As Members will know, criminal records disclosure and barring are devolved matters. As such, it is important that the DBS in England and Wales and their Scottish counterparts work together and mutually recognise each other’s decisions. The existing framework provides that an individual who is barred under Scottish legislation is also barred in England and Wales and vice versa. Therefore, an individual who has been barred in one jurisdiction cannot work with vulnerable groups by seeking employment in another jurisdiction. That can only be right.

The order gives practical effect to that recognition, ensuring that effective safeguarding is maintained across the UK. That means that if a person has been considered for barring in one jurisdiction, they cannot subsequently be reconsidered for barring on the same grounds in another jurisdiction. This avoids the possibility of a “double jeopardy” situation for that person, where the DBS might bar an individual who Disclosure Scotland had previously decided not to bar on the basis of the same information. We say that this is a matter of basic fairness. It is already the case under Scottish law that Disclosure Scotland is not required to consider an individual for barring who has already been considered by the DBS. A similar statutory instrument will be made by the Secretary of State under corresponding Northern Ireland legislation to ensure consistency across all three jurisdictions.

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

I very much support the measure, but will the Minister just comment on this point? The lists have been brought together much more closely within the United Kingdom—I remember being a Minister in the days of List 99, which was a much more complicated system—but what progress has been made on the exchange of information with other countries? There are people who come to this country from the EU and beyond who pose a risk to children, including an increasing number of professionals in education, health and social welfare. Some have also been found guilty of misdemeanours against children. This is not just a UK-wide problem.

[Victoria Atkins]

My hon. Friend is absolutely right, and I am extremely grateful to him for bringing his expertise and experience to the Chamber on this important matter. As to the detail on the exchange of information with other non-UK jurisdictions, I wonder if he would bear with me for a moment. I suspect I will find the answer very quickly. If I do not, I will of course undertake to write to him, because that is a specific point. From my time serving with him on the Home Affairs Committee, I know that we looked at this issue very carefully as part of our discussions on, for example, Europol. I hope to be able to assist the House with that particular query in due course, but if I may, Madam Deputy Speaker, I will return to the main business.

There has already been clarification in Scottish law and I am delighted that the Secretary of State for Northern Ireland will introduce corresponding legislation to ensure consistency across all three jurisdictions. As a result, each barring body will recognise barring decisions taken by each other. By achieving greater consistency between the jurisdictions of the UK, the order enables Disclosure Scotland and the DBS in England and Wales to continue to work together to protect children and vulnerable adults.

I hope Members on all sides of the House will support the order to enable the valuable recognition of barring decisions, and support greater public protection for children and vulnerable adults. I am going to sit down in a moment, but I very much hope I will have discovered the answer by the time I come to respond to my hon. Friend.

[Tim Loughton]

Allow me to throw the Minister the life raft of additional time. She might also like to comment on what used to be a real problem, particularly for teachers who were new to a school or newly qualified, which was the length of time it was taking for them to get their DBS clearance. Some teachers, in particular where we had shortages, were not able to take up their positions and that caused huge inconvenience. The situation has improved a great deal—it is less bureaucratic and the measure she is bringing in today will help—but can she provide an assurance to the House that the amount of time it takes to give clearance to essential public workers in particular is not still an ongoing problem?

[Victoria Atkins]

I am able to give my hon. Friend that reassurance. I do not for a moment pretend that we have reached perfection. Through his involvement in the Home Affairs Committee, he will be aware of the Public Accounts Committee reports into the workings of the DBS and the length of time that digitisation and so on has taken. I monitor that issue very closely in my capacity as the Minister with responsibility for DBS, albeit that it is an arm’s-length body, and I am satisfied that what we call the aged list is reducing at an acceptable rate—I am, however, impatient; I would like it to be faster —and that the DBS in Liverpool has been operating with great efficiency in recent times.

The basis of the order is so important. It is to ensure that children and vulnerable people are safe with the people who work with them. We have seen, with many recent allegations in the context of vulnerable adults, how vital it is that people who work with vulnerable adults, perhaps in care homes, are of suitable character and history to work in such a responsible role.

I am delighted to say that I will be writing to my hon. Friend on the specific point he raised with me, because international data sharing is complex.

[Tim Loughton]

It has occurred to me that I should have declared my entry in the Register of Members’ Financial Interests before I asked the Minister those very important questions.

[Victoria Atkins]

As always, my hon. Friend is scrupulous in being transparent. We recognise his expertise and experience in this field.

With that, I commend the order to the House.

Serious Violence

Tim Loughton Excerpts

Wednesday 15th May 2019 Commons Chamber

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

I have come slightly late to the debate. I opened several OnSide youth centres, but I also think it is a shame that we have lost some good youth facilities. The trouble was that the youth service was too much of a nine-to-five service for the convenience of people who worked in it, rather than of the kids whom we desperately needed to engage. OnSide makes a difference because it is a partnership between local authority youth services, children’s charities and business, and because it provides a variety of services at a variety of times to a large variety of children. It is a great model and we need more such models.

[Sajid Javid]

Let me take the opportunity to thank my hon. Friend for his work as a children’s Minister. He speaks with experience. He is absolutely right to talk about the model that OnSide represents. It is a vital partnership between local authorities, and therefore taxpayers, and people in the local community, including local businesses and local benefactors. In many cases, they have come from that community and have a stake in it, so they want improvements to be made. It is exactly the kind of model that has a strong future.

Child Sexual Exploitation Victims: Criminal Records

Tim Loughton Excerpts

Tuesday 19th March 2019 Commons Chamber

[Victoria Atkins]

I thank the hon. and learned Lady for her question. As she knows, we are very keen to work with colleagues across the United Kingdom, and to learn from best practice. I am pleased to hear of that campaign. With the help of the Mayor of London, we recently invested in a child house in London. I visited it recently; it is an amazing facility. Anyone who has worked with child victims—I know that several colleagues in the House have—will agree that the child house is a real step forward in making children feel comfortable in giving evidence, and in achieving the best evidence on behalf of those children. I am keen to see what more can be done in that area.

I am conscious that what is illegal online is just as important as what is illegal offline. The hon. and learned Lady will know the Home Secretary’s personal commitment to ensuring that industry’s response matches our expectations. That response should include a range of actions, such as stopping child grooming from taking place on companies’ platforms, building artificial intelligence to stop this material getting on to the web, and having much greater openness and transparency about how they are clearing out their backyard. Of course, the online harms White Paper is coming up as well, and I am sure that many colleagues will take a great interest in it.

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

Huge progress has been made since the Government’s CSE action plan, introduced back in 2011—even before the Savile revelations. It was based on encouraging victims to come forward and not regard CSE as being in some way their fault, and also on making sure that agencies did not try to sweep it under the carpet and were not in denial about cultural sensitivities—and even on making sure that they did not feel that children had brought this on themselves. What ongoing links does the Department have with survivors and victims of CSE? Are there facilities for those victims to meet and help educate judges, so that we can make sure that victims continue to be recognised as such, and not as being perpetrators in some way, and get the ongoing recognition and support that they desperately need?

[Victoria Atkins]

I thank my hon. Friend. I note the work that he did as children’s Minister to bring about justice for these victims. The Home Office and I personally meet victims of historical and more recent child sexual abuse; I see it as an absolute privilege, and it is an essential part of my role. He is absolutely right that this is about not just law enforcement, but multi-agency working. There have been steps forward in improving that. For example, one of the reasons why we amended the Data Protection Act 1998 last year was to include a clause making it clear that professionals can share data to safeguard vulnerable people, including children, so that if they are worried about a child or vulnerable person, they can be confident that they absolutely must share data with other agencies that may have a role to play.

As for our ongoing work, we continue to fund targeted support for victims of child sexual exploitation and abuse. The police transformation fund, which helped to fund the child house, is another source of support for innovative projects that can help improve our response to this terrible crime.