Children and Social Work Bill [HL]

Lord Mackay of Clashfern Excerpts

Monday 11th July 2016 Grand Committee

[Baroness Pinnock (LD)]

My Lords, I support everything that previous speakers have said about both the amendments and in opposition to Clauses 12 and 13. During our last day in Committee, I made the case that in principle the proposal for the national safeguarding panel failed because it did not take sufficient account of local accountability, local knowledge and local professionals who have a duty to safeguard children in their area. The Wood report, from which a lot of the changes proposed by the Government come, is clear on some of these issues. One factor that it picks out in its analysis of local safeguarding children’s boards is that a review by the Local Government Association found,

“dissonance among the partners between the accountability and the authority of an LSCB”.

The report goes on to say that,

“the duty to cooperate has not been sufficient in ensuring the coherent and unified voice necessary to ensure multi-agency arrangements are consistently effective”.

So from the Wood report we hear that local accountability is one issue that has been raised. The LSCBs are not sufficiently accountable locally, and that has, in part, led to their lack of effectiveness.

The proposals in these clauses move power and accountability, in the most serious cases, from the local to the national level and put it in the hands of the Secretary of State. I think that that places too much power at the national level and not enough locally, and it is also in danger of politicising the whole process, reflecting what the noble Baroness, Lady Meacher, said, with which I totally agree. The lack of elected representation on the current safeguarding boards has resulted in them being ineffective. Currently, the boards consist of professionals and there is no full representation of non-professionals—that is, elected representatives—who are also corporate parents. It seems to me that a lack of challenge from non-professionals, who are corporate parents, has contributed to this lack of effectiveness of the safeguarding boards.

I will make a further comment, which is reflected in the Wood report, about the membership of the local boards and the duty to co-operate. The Government’s proposals in later amendments would remove the requirement for some of the professional organisations to be members of the local panels. One of those, the probation service, has in my council area—I draw the Committee’s attention to my entry in the register of interests as a local councillor in the Borough of Kirklees—since the fundamental changes to the service not attended the local safeguarding children boards. The later government amendments remove that requirement. It is a big mistake not to require the probation service to attend to discuss safeguarding children.

Clause 12, which lays out the functions of the new national panel, falls far short of what is required. Let us consider what has happened with serious case reviews over the past 30 years—probably and sadly—from the Climbié and Baby P reports to the many, many others that we can all draw to memory. They have all issued recommendations to which everybody has agreed but which no one has implemented effectively. Everyone says, “These are good; we must do that”, but they are not implemented.

The big failure in Clause 13, which is why I will oppose it standing part, is that nowhere does it say how learning will be effectively implemented. We can all learn, and social workers across the country will have read the 48—I think—recommendations in the Baby P report, but implementing them is the difficult bit. The Wood report refers to that and makes a powerful case for thinking in much greater detail not about the learning—the learning has been done—but the implementation. In all these cases, similar recommendations are made about the need to co-operate and the lack of collaboration and communication. We have yet to crack how to put that into effect.

If we are serious about child protection and safeguarding children, one element which must feature is how the recommendations are to be put into effect, monitored and reviewed. If we do not do that, we will never move forward. That is my fundamental reason for supporting the proposition that Clauses 12 and 13 should not stand part of the Bill.

[Lord Mackay of Clashfern (Con)]

My Lords, I strongly support what has just been said. Over the years—it goes back quite a long way—there have been very serious cases of child injury and, sadly, in most of the cases, child deaths. There has been no shortage of inquiries. All sorts of very distinguished people have been asked to inquire into the situation. As the noble Baroness, Lady Meacher, said, there is always a focus on the individual social worker. Managers somehow stand a little back from the situation to let the light shine on the individual. That is a natural protection that management is apt to have and one that we must think about.

I strongly support the view that any number of lessons have been learned, in the sense that reports have told us what was wrong and what should be different. But I know of absolutely no mechanism to make sure that these recommendations are acted on and that something actually happens. We have only to look at some of the earliest reports in relation to this to see that very clear recommendations were made. The report is published, the public and the press comment on it—and then it is forgotten until the next one. Surely if we are to set up a national body of this sort, we should incorporate within it a clear mechanism for bringing the recommendations forward for implementation.

--- Later in debate ---

[Lord Wills]

My Lords, I will not delay the Minister’s response very long. I want to say a few words in support of Amendment 131, to which I have added my name.

I recognise that there is widespread unease about Clause 15. All the noble Lords who have spoken so far have reflected that. The Minister will be aware that there is unease outside your Lordships’ House as well. I recognise that innovation can be crucial to the improvement of public services and I suspect, although I hope to be proved wrong, that the Government will not be unduly swayed by all the compelling arguments that we have heard against the clause. That is why Amendment 131 is important. Innovation, as other noble Lords have said, should not be at the expense of appropriate safeguards for those whom it is designed to help. Although I understand the Government’s intention—to promote new ways of working—as we have heard over and over again, as currently drafted the Bill does not offer adequate protections for those young people against failures in innovation. Amendment 131 aims to help to do so by placing a duty on the Secretary of State to,

“consult children in care, those representing children in care, and care leavers in their area before making a decision to grant an exemption or make modifications under subsection (2)”.

Innovation may be positive from the perspective of the local authority but it will not necessarily be positive from that of the young people affected by it. Children in care and care leavers have been let down by the system for so long that they have earned the right to have their views heard about changes to it. If any changes are to be successful, it is crucial that they are heard. These young people know better than anyone how the system works for them. That is one good reason why Article 12 of the UN Convention on the Rights of the Child stipulates that, when adults make decisions affecting children, children have the right for their opinions to be taken into account.

The amendment also provides for new, independent scrutiny arrangements and a duty on both the local authority and the Secretary of State to consult children in care and care leavers when a local authority applies for an exemption from the requirements of social care legislation. At Second Reading, the Minister was reassuring about scrutiny arrangements, but I ask him to consider carefully the merits of a new, independent body. Existing organisations all come with their existing viewpoints, cultures and histories—in other words, they come with baggage. The proposed change in Clause 15 is potentially so radical and could have such a dramatic effect on the lives of young people, who already face such huge challenges, that I believe it is important that any organisation scrutinising such arrangements should be dedicated to doing so. It should be able to adopt fresh perspectives and develop specific expertise, which a new scrutiny organisation will be able to do in a way that existing organisations may well not. From his response at Second Reading, I suspect that the Minister is not minded to do this but I hope that he is open to persuasion on that point.

[Lord Mackay of Clashfern]

My Lords, I want to ask a very specific question. Could an exemption of the kind envisaged in the amendment of the noble Earl, Lord Listowel, occur under Clause 15?

[Baroness Pinnock]

My Lords, I concur with all the concerns that have been expressed so far about Clause 15. It is not that any of us are against innovation per se, but we are concerned about the proposed non-limits to the innovation.

At the heart of this clause is a dichotomy. On the one hand, children’s social work is probably the most regulated of all public services and has the most legislation surrounding its practice. On the other hand, if we take the clause at face value, it appears to allow any innovation within those regulations to be set aside. I asked civil servants what the criteria are for innovative practice, what the boundaries for it are and whether anything is off the table. The answer was that there are to be no limits. I found that quite disturbing. It is not as though we are dealing with anything mechanical here; we are dealing with the most troubled and vulnerable children in our society, who deserve our protection. What we need to try to achieve is set out in the Putting Children First report, which offers a blend of innovation and protection that works.

I have not yet understood how, on the one hand, Leeds City Council, which has been referred to in earlier debate on the Bill, has been enabled to innovate without difficulty—I know that it has been allowed to set aside some regulations, without the need for this clause, and has been successful in doing so—yet on the other, Doncaster Council, which sadly have a long history of inadequate children’s services, has not achieved much improvement despite all the efforts that have been put into it. The answer is that it is not so much legislation and regulation that is the problem, but having the support of key professionals—making sure that we have highly trained, effective and good leaders in social care, who can make a difference. That is what the report, on which I guess that many of the clauses in the Bill are based, says. Can the Minister tell us: is anything off the table as regards innovation, or is protection of children coming first?