Children and Social Work Bill [HL]

Baroness Murphy Excerpts

Report: 1st sitting: House of Lords
Tuesday 18th October 2016 Lords Chamber

This is not the end of the story. There is still a huge amount of influencing to be done. It is important to note that the statutory guidance is in draft. There are lots of ways of thinking about how it could be improved. The influencing work will go on. Rather than giving attention to further amendments, we should focus on improving and finalising the statutory guidance.

[Baroness Murphy (CB)]

My Lords, I had not intended to intervene because I have not participated earlier, having been absent from the House for some months. I come in at the middle and it is always irritating when people do. However, I am astonished to discover that there is not a mandatory assessment, as proposed by the noble Baroness, Lady Tyler, when children are going into care. We should not dream of admitting adults into care without a mental health assessment. As a psychiatrist, I am not experienced with children but, knowing the outcomes of looked-after children in the longer term and the likelihood of their developing problems of all kinds that we do not need to outline, I am astonished that we do not assess mental health as a matter of routine.

The government amendment uses fair words. I allow that it is a nice amendment, but it does not address the practicalities. As the noble Lord, Lord Warner, has said, these children will often have profound delays in all kinds of neurological developments that will have led them to have had many mental health problems leading up to their going into care. I am astonished that mandatory mental health assessment does not already exist, so I strongly support the amendment of the noble Baroness, Lady Tyler. I hope that she takes it as far as she can.

[Lord Faulks (Con)]

Briefly, in response to the point raised by the noble Lord, Lord Lester, he and I were both members of the Joint Committee on Human Rights. He may have seen the third report of the session 2016-17. Paragraph 3, commenting on the Children and Social Work Bill, reads:

“Lord Nash, Parliamentary Under-Secretary of State at the Department for Education, has certified that in his view the provisions of the Bill are compatible with the Convention rights”.