Illegal Migration Bill

Debate between Tim Loughton and Edward Timpson

Report stage
Wednesday 26th April 2023 Commons Chamber

[Tim Loughton]

It is difficult to know in five minutes how to address the five amendments with my name at the top, including the two that have been leapfrogged by the Home Secretary. I have spent many hours cossetted with the Minister for Immigration and others to try to get some of the adjustments being made, and I am grateful for the time he has spent to try to get us to a better place. I certainly do not have time to respond to the extensive assurances that he aimed to give me from the Dispatch Box earlier.

I support safe and legal routes. I am glad we will now have them on the face of the Bill. We need a balance. I support this Bill, but if we are to be tough on the abusers of our immigration system, we also have to ensure we are open and generous to genuine asylum seekers, to whom we owe a duty of care. The amendments on safe and legal routes are also timely because we needed to address the question that I posed to the Home Secretary some months ago about how the 16-year-old orphan from east Africa with relations in the UK would make it to the UK. This week, that apocryphal scenario became a reality. The measures that the Immigration Minister will be bringing forward need to address that question.

It is essential that the Immigration Minister consults local authorities about capacity, but he also needs to consult refugee organisations and others about the type of schemes with which we will come forward. How will they operate? Who will qualify for them? How will people access them? Let us make sure that those schemes are in place sooner rather than later in 2024, although I would have liked them to be contemporaneous. We have a deal on safe and legal routes, but we need to see some real workable details in the coming months and as the Bill goes through the Lords.

I have no time to talk about amendment 181 on the return of children or amendment 182 on best interest and welfare checks. My real concern has been on child detention, so I was grateful for the assurances that the Immigration Minister gave me, because the measures as they stand do not differentiate between children and adults in detention terms. They ride roughshod through the safeguards on child detention under the Immigration Bill 2014, through which this Government specified the 24-hour limit, and the Government have not even offered to put the maximum detention times for children in this Bill. That is a must when it comes to any amendments that the Minister can bring forward in the House of Lords.

[Edward Timpson]

I very much agree with the points that my hon. Friend makes in support of children. Does he also agree that we need absolute clarity on the responsibilities under the Children Act 1989 in all circumstances where a child is on these shores, and in particular where the Home Office itself has some responsibility?

Independent Review of Children’s Social Care

Debate between Tim Loughton and Edward Timpson

Thursday 24th November 2022 Commons Chamber

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

First, I thank the Backbench Business Committee for allowing this debate and congratulate those who secured it—the hon. Member for York Central (Rachael Maskell) and me. I also declare an interest as the chair of the safeguarding board for an independent children’s company.

Although we have not had a huge number of speakers in this debate, the quality of the contributors has been very high. We heard from a former Children’s Minister, my hon. and learned Friend the Member for Eddisbury (Edward Timpson), from the former head of the Children and Young People Board at the Local Government Association, my hon. Friend the Member for Ruislip, Northwood and Pinner (David Simmonds), from my hon. Friend the Member for Worcester (Mr Walker), the new Chairman of the Education Committee, whom I have not yet had time to congratulate, and from my hon. Friend the Member for Meon Valley (Mrs Drummond), who was involved with children’s issues, as she mentioned, well before she became a Member of this House.

We also heard from my hon. Friend the Member for Crewe and Nantwich (Dr Mullan), who has great experience in this area, as well as the hon. Members for York Central, for Bath (Wera Hobhouse) and for Strangford (Jim Shannon). It has certainly been a debate of quality.

It is difficult to follow the speech by my hon. Friend the Member for Ruislip, Northwood and Pinner, because of his experience in local government of the real experiences of children in the care system at the sharp end, for which he did so much and has been such an advocate for so many years. However, it is good to be debating children’s issues again in this Chamber, which we have not done for a while. We often talk about, and the news headlines are often about, social care—but adult social care. Of course adult social is a huge priority and a big challenge facing central and local government, but we should not be focusing on adult social care to the neglect of children’s social care.

If we do not get it right in those early years, as we have heard from many contributions, then I am afraid we are condemning children to a lifetime of disadvantage and catch-up. Those early years, from conception to age two in particular, when the child is forming an attachment with his or her parents, are absolutely crucial. As we have said for many years, not to invest in or focus on the area is a false economy. We have heard that in so many different respects in this debate.

I am also delighted that we have a new Minister, who I know shares great enthusiasm for the subject. Her job is the best in Government—two of us contributing to this debate from the Back Benches have done it—and I am sure she will throw her all into it. It is such an important area, which affects every constituency in this country and so many of our constituents.

I welcome the independent review of children’s social care. It is certainly a weighty tome and an extensive report. A lot of hard work went into it, and I congratulate Josh MacAlister on what he has achieved in its publication. However, the tragedy is that it could have been written 10 years ago. There is frankly nothing new in this report; it is largely a revisiting of many truths and deficiencies that those of us who have had the privilege of being on the Front Bench dealing with children’s issues have known about and tried to tackle, with some success, over many years.

Many of the problems described in this report this year were put forward and described in previous reports. I just have a selection, having gone through my bookcase. We have “No more blame game: the future for children’s social workers”, from the commission on children’s social care that I chaired in 2007, ably helped by my hon. Friend the Member for Meon Valley. From 2009, we have the Conservative party commission on social workers’ response to the Lord Laming inquiry; from 2010, the Conservative party review of adoption; from February 2010, “Child Protection: Back to the Front Line”, ahead of the election; from 2011, the first report commissioned by the new Conservative Government, the Munro review of child protection; and from 2012, Positive for Youth.

I could go on. Everything mentioned in this report was mentioned in any one of those reports, and more, going back 10 years, a limited amount of which has been enacted, but too much of which has not. Over the last decade, I am afraid we have failed too many children by not taking up the challenge that those reports presented, putting in the resources and delivering the outcomes that some of our most vulnerable members of society desperately needed. There have been many successes, and I do not want to underplay them, but too many children have been left behind. That is the problem that we face today, and it is no less urgent than it was 10, 12 or 15 years ago.

Much progress was achieved 10 to 12 years ago, particularly on adoptions, which several hon. Members and hon. Friends have mentioned. We managed to just about double the number of adoptions in the early years of the coalition Government. The baton was picked up by my hon. and learned Friend the Member for Eddisbury, and there was a real initiative to improve not just the numbers of adoptions, but particularly outcomes for the more challenging children in the care system, who just failed to get considered for adoption. It was not all about adopting shiny new babies that everybody wanted; it was about those black teenage boys whose chances of getting adopted were so disadvantaged.

We introduced things such as adoption scorecards, whereby local authorities were judged not on the number of new, additional adoptions, but by how many adoptions of challenging children in particular they were able to succeed with and how many new adoptive parents they brought forward. This was a sector that was completely racked by prejudice, where adoption was an absolute last resort, even though many people knew that these parents were sadly incapable of bringing up their children, so the sooner we could take a child into an alternative long-term care arrangement with new adoptive parents, the more that would be in the best interests of that child. It was a sector where political correctness meant that a child of mixed heritage had to be matched with an identical adoptive family of mixed heritage, which held children back so much from being given a second chance in a stable, happy upbringing with loving adoptive parents.

We made a lot of progress in those early years. Alas, the adoption numbers have halved since the peak, some seven or eight years ago, and adoption seems to now be less of a priority. That is a great pity because adoption is one of the great successes in how children can be given a second chance at a happy, loving family childhood, which in many cases they cannot get themselves.

[Edward Timpson]

I thank my hon. Friend again, and also for the work he did on adoption as Children’s Minister. Another area that we have addressed, which has made a significant difference to families who have already adopted or are thinking about adopting, is the adoption support fund and the therapeutic interventions that are necessary, often long after an adoption has taken place. Does he agree that that is exactly the type of policy change that we need to remain committed to, so that we can start to bring adoption back into the lives of children again, where that is the right permanent option for their future?

[Tim Loughton]

My hon. and learned Friend is so right. The adoption support fund was such an important part of the complex programme of getting adoption back on the front foot again. Too often, where adoptive placement was deemed to be best for a child, I am afraid there was too much, “Here’s the child, dump them with the family,” and then the local authority disappeared in the dust. Children who are going into adoption, in many cases with complex and traumatic problems underlying that decision, need a lot of support in the early years.

If we are to make an adoption work and prevent an adoption disruption, we need to put in the groundwork and do the leg work right at the beginning, to make sure that child gets the extra professional therapeutic work that might be required to make sure that family placement can work. The adoption support fund was a really important way of ensuring the resources to provide that professional expertise, so that the adoption stood a better chance. It is a false economy not to do that, because the amount of money the local authority saves is considerable if we can make an adoption work, so why not put in the resource at the beginning to make sure that the adoption is likely to work and that child can stay in a stable, loving family environment?

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Debate between Tim Loughton and Edward Timpson

Report stage & Report stage: House of Commons
Tuesday 30th June 2020 Commons Chamber

[Tim Loughton]

As my hon. Friend and I have both done the same job, I think we appreciate the real problems that social workers and local authorities are having in identifying these children. Does he agree with me that part of the problem is that the Department for Education does not routinely collect data on the nationality of the children it looks after in the first place? Is it not essential that that is the very minimum that needs to happen if we are to identify all of those children who would be covered by this scheme?

[Edward Timpson]

I am grateful to my hon. Friend, and he is right. When one is trying to understand the consequences of the actions one takes as a Minister—as we heard in the statement earlier from the Under-Secretary of State for Justice, my hon. Friend the Member for Cheltenham (Alex Chalk)—the enrichment of data can help us appreciate whether we are making good progress. In the independent school exclusions review that I carried out for the Government last year, a lot of my recommendations were about getting better data about the children in our systems, why they are there and how we can better track them, so that we know we are making good decisions on their behalf. I agree that that information would be relevant to the considerations under new clause 2.

It is important that we get this right. The corporate parenting principles that we legislated for in 2017 are designed for circumstances just like these. Please can we make sure that we live up to them?

Children and Social Work Bill [Lords]

Debate between Tim Loughton and Edward Timpson

2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons & Ways and Means resolution: House of Commons
Monday 5th December 2016 Commons Chamber

[Tim Loughton]

My hon. Friend, who has great expertise in this area, is right. Of course we cannot look at vulnerable children in isolation; we need to look at their families holistically. There are some really good examples. I hope that the Minister will stick to his word and provide funding for things such as FDAC, the family drug and alcohol court set up by the excellent Nick Crichton, a fantastic family district judge.

At FDAC, a mother—often a single mother—at risk of losing a child to the care system because of substance abuse or an abusive partner, say, is given a clear choice of an intensive package that will help her back on to the straight and narrow so that she can bring up her own child. It is a tough, challenging exercise. Alternatively, perhaps both parents will be involved. If they are able to do that, the whole family is put back together and the child stays, which is the best outcome. If not, that child will head for care.

I have sat in court, as has my right hon. Friend the Member for Basingstoke (Mrs Miller), who will speak shortly, seeing mums who have had six, seven or eight children taken into the care system. We have to tackle the root of that problem: why is it? Is it that the mother just does not know how to parent, in which case what are society, social workers and the troubled families programme doing to help her become a fit parent if she remotely can? If she cannot, that child must go to a safe family elsewhere who can give them a second chance of a beneficial and happy upbringing.

I would like to make a few other quick points, Mr Deputy Speaker; I am aware that there are not too many speakers for this debate, so I have an opportunity to elaborate on some important points a little longer than the Chair normally allows. I know how generous you are in these matters, which are of great interest to you.

Clause 5 is about the designation of a member of staff at school

“having responsibility for promoting the educational achievement”

of children in the care system. That is a good initiative, but it already exists for children with caring responsibilities and alas that does not work in practice. It is a good idea, but it has to have some teeth so that it means something on the ground: that children in the care system have special attention from a designated teacher who understands the particular needs of such children, who are often subject to bullying, mental health problems and everything else. There must be more than a clause on paper in a Bill: the proposal has to work in practice.

There are some good points on the child safeguarding review panels, although I have concerns about the independence of the panels. Certainly when we gave a commitment before the 2010 election that we would publish serious case reviews—opposed by the Labour party, although the reviews have now become the norm—one of my concerns was also about the calibre of the people producing those SCRs and the quality of some of the reports. Effectively, they were not properly monitored; they were monitored only on a local basis. Some time ago, I put forward the idea that a national body should oversee the quality and that there should be a national register of authors of serious case reviews with a requirement for continuous professional development; there needed to be training, which would be updated. Before now, anybody, effectively, could apply to be the author of a serious case review. We need to regulate that important area rather better.

Under clause 13, the panel

“must publish the report, unless they consider it inappropriate to do so.”

Given that, previously, when serious case reviews were published, they were seen only by a few people locally and Department for Education officials if we were lucky, it was really important that, other than in exceptional circumstances where there could be detriment to surviving children or families, the reviews should be published and the lessons learned to see how they could apply elsewhere. This new review panel is an exercise in doing that and in disseminating best practice rather better. I very much support that, and I would like more details on how it is going to work.

Then, however, we have the section about safeguarding partners. These appear to be replacing the local safeguarding children boards, which are a really important feature of bringing together local agencies to make sure that we have workable solutions and partnerships in place, particularly to deal with child sexual exploitation at the moment. We need to be convinced about how these new bodies are better than, or different from, local safeguarding children boards and, in particular, about how they are going to be funded. Clause 20, on funding, says:

“The safeguarding partners for a local authority area in England may make payments”

towards the expenditure of these bodies

“by contributing to a fund”

or making payments directly. It also says:

“Relevant agencies for a local authority area…may make payments”.

The problem with LSCBs at the moment is that not all the partners pull their weight. In too many cases, key partners are, first, not turning up at the table and, secondly, not helping to fund the work of the LSCBs. Too often, it falls to the local authority—the default partner —to pick up too much of the tab. If we are going to put these things on a statutory basis, can we make sure that it is laid out clearly and unequivocally that the funding contribution from, and the active participation of, all the relevant partners is absolutely essential?

I am also concerned because clause 21 says:

“The safeguarding partners for two or more local authority areas in England may agree that their areas are to be treated as a single area”.

How big can they be? It is important that LSCBs are able to come up with local safeguarding plans and local plans to tackle child sexual exploitation in their areas—plans that are relevant to Rotherham, given the particular problems there, to Rochdale or to wherever. If these bodies are going to be looking after huge areas, their effect will surely be diluted in key hotspots. The Bill also talks about having cross-border constabulary co-operation, but these are very large areas, and I am concerned about how big these new bodies could become.

On the part of the Bill about the new body, Social Work England, I think we need to improve the regulation of social workers. I am not sure whether this is the right way to do it, and I would like to see more details. The demise of the College of Social Work is a shame, and I think it would have performed a lot of this function if it had been allowed to continue and to thrive. A lot of effort went into setting it up in the first place.

I am also concerned about the independence of Social Work England. My understanding is that it will be an Executive agency of the Department for Education, and we need to have some clarity over that.

[The Minister for Vulnerable Children and Families (Edward Timpson)]

Will my hon. Friend give way?

[Tim Loughton]

Yes—I am delighted I am getting a response.

[Edward Timpson]

I can reassure my hon. Friend that the new Social Work England regulatory body will not be an Executive agency; it will be a non-departmental public body, so it will be at arm’s length from the Government and provide the independence that people called for and that I think is right.

[Tim Loughton]

I am grateful, and gratefully reassured, and I look forward to being able to support that provision, as opposed to some others that I am not so reassured about.

In clause 31, one of the overarching objectives of Social Work England is

“to promote and maintain public confidence in social workers in England”,

and that is quite right. However, that is also the job of the chief social worker. One disappointment to me is that when we set up the chief social worker—originally, it was to be one chief social worker covering the elderly and children, but then it was split into a child social worker and an adult care social worker—the point was for them to be a high-profile face of social work, particularly for the public, and a reassuring face of child protection for the public in times of high-profile tragedies and disasters involving safeguarding issues. Therefore, while the current chief social worker for children said recently:

“I don’t pretend I am the voice of the profession. I am a civil servant and I see my role”

as

“offering advice to ministers based on what other people tell me about a the system”,

I think there is more to the role. This person must not just be a civil servant. They need to work closely alongside Ministers and civil servants, but equally—in action out on the street—to work alongside social workers, consultant social workers and practitioners at the sharp end. We need to revisit the balance that we currently have in that regard.

I apologise, Mr Deputy Speaker, for going on at length. This is a subject that interests me enormously. I have spent most of my career in Parliament involved with child safeguarding and child protection. I am very proud of the progress that has been made over years, but very worried that we still have a long way to go. Most of this Bill will help in that journey, but certain parts will not. I hope that when scrutinising the Bill in Committee and on Report, the Government reflect a little more before they rush to do some things that clearly are not in the best interests of vulnerable children.

Oral Answers to Questions

Debate between Tim Loughton and Edward Timpson

Monday 15th June 2015 Commons Chamber

[Edward Timpson]

The hon. Gentleman is right that, whatever the route to permanency a child has, we must ensure they have the right support and that the best decisions are made in their interests. The Bill, which we will be discussing in the next few weeks, will deal with the post-decision issue and ensure that we can access a wider pool of adopters to get children matched more quickly. At the moment, we have over 3,000 children in care waiting to be adopted, half of whom have been waiting for more than 18 months. We need to address that, but I agree that we need to do better to ensure that foster children and those with residential or kinship care arrangements get better deals.

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

I remind the House of my entry in the Register of Members’ Financial Interests.

Will the Minister comment on the Government’s intention to expand the outsourcing of children’s social care services to third-party providers involved with children in the care system and adoption? He has just announced that they will no longer be regulated and inspected by Ofsted. How will he ensure quality of care for these particularly vulnerable young people?

[Edward Timpson]

I pay tribute to the role that my hon. Friend has played in keeping these matters fairly and squarely at the top of the national agenda, but we have not just announced that. These services will still be inspected. In the past, I have alluded to the social work practice in Staffordshire that was outsourced by the county council and which was inspected by Ofsted and received a “good” rating.

We want to ensure the best possible services on offer to children across the country, and we should not get too tied up in thinking about delivery and who will be ensuring the services are the best they can be. Let us get quality at the heart of everything we do and make sure that that is what we inspect.

Oral Answers to Questions

Debate between Tim Loughton and Edward Timpson

Monday 10th February 2014 Commons Chamber

[Mr Timpson]

I thank my hon. Friend for those words. As he knows, this has been a long-standing issue on which we have sought the advice of the Law Commission and others to establish a way forward. The fact that we can now legislate and implement these provisions represents a good outcome for many people, including his constituents.

In amendment 2, we have clarified the point at which the fostering for adoption scheme must be considered for a child and established that before a local authority considers placing a child in this way, it must first have considered kinship care and decided that it was not the most appropriate placement. Also in part 1, through amendments 7 to 10, we have introduced an affirmative resolution procedure in relation to the Secretary of State’s powers to direct local authorities to outsource adoption functions, in relation to the use of personal budgets and in relation to allowing approved prospective adopters to search and inspect the Adoption and Children Act 2002 register in pilot areas.

On part 2 and family justice, many hon. Members will be pleased that the noble Lords accepted the principle and purpose of clause 11. However, we have accepted amendment 12 to clause 11 from the noble and learned Baroness Butler-Sloss. As hon. Members will also be aware, clause 11 introduces a presumption that a child’s welfare will be furthered by the involvement of each parent, where this is safe and subject to the overarching principle that the child’s welfare must be paramount. Baroness Butler-Sloss’s amendment addresses concerns raised that the clause could be misinterpreted as giving a parent a right to a certain amount of time with a child. That was never the intention, as I have said several times during the Bill’s passage. The amendment addresses those concerns by clarifying that “involvement” does not mean a particular amount of time.

Importantly, the amendment does not change the effect of clause 11, as it will remain for courts to determine what arrangements are right for each child in the light of the evidence before it. I want to put on the record my gratitude to my hon. Friends the Members for Dover (Charlie Elphicke) and for Northampton South (Mr Binley) and, in particular, my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton), who has championed this change in the law for many years. I have no doubt that had he not done so, we would not have made the significant progress we now have.

[Tim Loughton]

I thank the Minister for his comments. I understand the logic of Baroness Butler-Sloss’s amendment in not referring to a particular division of a child’s time. Despite being at loggerheads with her over many years, I can see the logic of that. Will he explain, though, why her amendment refers to “direct or indirect” contact? What does that add to the Bill?