Children and Families Bill

Baroness Young of Hornsey Excerpts

Monday 9th December 2013 Lords Chamber

[Baroness Meacher (CB)]

My Lords, I was not planning to speak in this debate at all but I feel strongly that we need to support my noble and learned friend Lady Butler-Sloss. I want to mention only one case—that of a really superb set of parents who adopted two children across the racial barrier; that is, two African children. You could not find better parents. They were both involved in the mental health services and were devoted to these two girls. It seemed that the thing was perfect. But both those girls committed suicide in their late teens. If we are to neglect the advice of the UN convention, we need to beware. It is no accident that these issues are emphasised so clearly, and no accident that our extremely experienced noble and learned friend, Lady Butler-Sloss, has tabled this amendment. We should support it.

[Baroness Young of Hornsey (CB)]

My Lords, I support my noble and learned friend Lady Butler-Sloss on this amendment, as I did in Grand Committee. I do not want to repeat what other noble Lords have said, but I support very much what the noble Baroness, Lady Lister, and my noble friend Lady Meacher said. The noble Baroness, Lady Eaton, said that she thought it would be restrictive to put these words back into the Bill. However, to urge people to have regard is perhaps not as restrictive as she thinks. The agencies from which I have received briefings and with which I have had round-table discussions, along with other discussions over a long period, also support the amendment tabled by my noble and learned friend.

That is not to say that everybody has a kind of purist, essentialist view on who should be adopting who, but to recognise that there are many other factors regarding black and mixed-race heritage children, and children with disabilities. Children with those kinds of backgrounds have experienced delays in the system for all kinds of reasons, not simply because of previous legislation. There are lots of different ways of supporting those children, too, which can be long-term. Fostering can provide long-term stability in lots of different ways. So, as I say, I support my noble and learned friend.

[Baroness Morris of Yardley (Lab)]

My Lords, I support Amendment 2 and should like to comment briefly. What is strange is that it seems we are all in agreement. On the substance of the matter, there is not as much disagreement in this debate as I thought there would be when the Bill was published, which is interesting. To some extent, what we seem to be debating this evening is: what is the best way in legislation to give that message to people whose lives will be affected by what we decide?

--- Later in debate ---

[Baroness Butler-Sloss (CB)]

I hope it is convenient to follow the noble Baroness now on the sibling point so that these points are kept together. My name is on Amendment 9.

As I said in Grand Committee—there are people in the Chamber who may not have heard this so forgive me for saying it again—children came to talk to us in the Select Committee on Adoption Legislation. These children had been adopted or looked after, who were or had been in care. Perhaps the most important issue they raised with me and with another noble Lord on the Select Committee was their relationship with their brothers and sisters. They made absolutely clear the importance of those with whom they had already shared a family life. One girl, who was aged about 15 or 16, said, “I don’t expect to see the children born to my parents after I left home, but I really do need to stay in touch with those I knew”. Another boy, aged about 10 or 11, said, “I looked after my younger brother and sister. I am so worried about what is happening to them; nobody will tell me. I wake up each night and think: are they all right? Why can’t I find out what is happening and why can’t I see them?”. That was an adopted child who was extremely happy in his adoption placement but who remained extremely worried about the children who remained at home.

So this is a really important point, and as the noble Baroness, Lady Jones, said, if it is in primary legislation, it will have that added bit of importance. Social workers do not always recognise this, and neither do adopters. It is very important that the message is put forward: it is not that children should see their former natural parents, which may be totally inappropriate; but in certain cases there will be children who should see those they have had to leave behind. It is that group of children for whom the amendment has been tabled. It is a very important point, particularly where the child has been adopted. The new adoptive parents may well not appreciate the importance unless it is up front. They are not going to read social work practice—that is the last thing in the world they are going to read. They may not want any relationship. However, for both the social workers and the adoptive parents, this is an important factor in the welfare of the child about whom we are talking. It really matters.

[Baroness Young of Hornsey]

My Lords, in speaking to Amendment 10, I, like other noble Lords this afternoon, place on record how grateful I am for the help of the Minister and his officials in trying to get to grips with this issue of access to records for care leavers, especially as it was not originally part of the Bill. I understand why we needed some considered negotiations around the subject. I found those very useful, as did my colleagues from the access to records campaign group, which comprises professionals from the Care Leavers’ Association, the British Association for Adoption and Fostering, the Association of Child Abuse Lawyers, the Child Care History Network, the Post Care Forum and Barnardo’s. It is also supported by the fostering and adoption charity, TACT.

Some of the key issues that this amendment seeks to address are the lack of consistency across the country’s local authorities in the way they deal with giving access to records to care leavers, and also, importantly, how they deal with the issue of redaction of those records. A number of care leavers gave us evidence of how they received notes from their past which were essentially incomprehensible because of the amount of redaction that had taken place. Again, that seems to depend on whereabouts you live in the country. That should obviously not be the case. In the amendment, we call for clear, effective statutory guidance and the opportunity for care leavers to access support once they have accessed their records.

That is another important point. I am not sure that all noble Lords are aware how difficult that experience can sometimes be for people. It does not matter what age you are. This is not just for young people who have recently left care. Many older people also have that experience. At the moment, no kind of support is necessarily offered to them. Of course, care records must be properly maintained and every effort made to trace records from decades ago as well as more recent ones. That ties in to my earlier point about the ages of people seeking their records. In fact, colleagues at the Care Leavers’ Association say that the average age of those seeking its help in looking for their records is around 35 and goes up to a 90 year-old—who found her records, triumphantly. Whatever age you are when you eventually get your records, if you are fortunate enough to do so, the experience can be difficult.

During meetings with officials, it emerged that both the Minister—the noble Lord, Lord Nash—and the Minister for Children and Families agreed that the current wording on access to records in the care planning statutory guidance could be strengthened. Colleagues from the access to records campaign and I have worked with officials on that particular subject. It is also my understanding that Ministers have agreed to work with us on a programme to ensure that front-line managers and staff are aware of the new guidance. Again, that was raised earlier this afternoon in relation to how statutory guidance is used and the extent to which people take it seriously. We need to ensure that they do—once we have, as I hope, developed some new guidance in this area.

That activity will include supporting a round table for local authorities and voluntary sector organisations, and sending messages via the department’s various communication routes to relevant bodies which can raise that issue with their local authorities and make sure it is firmly on the agenda. We also understand that officials have spoken to the National Care Advisory Service, which runs the National Leaving Care Benchmarking Forum for managers. It said that it would be happy to run a session where the managers talk about how to improve their local practice, based on the proposed revised guidance and best practice. Could the Minister confirm my understanding of that? Also, would he be prepared to ensure that the voice of older adult care leavers is heard during all consultation processes and that an assessment of the effectiveness of strengthened statutory guidelines is carried out?

[Baroness Howe of Idlicote]

My Lords, having listened to the comments on the other amendments in this group, I am very interested in what the Minister will say in reply. I certainly have considerable sympathy with what has been said. However, I added my name to the amendment of my noble friend Lord Listowel and it is on that amendment that I wish to press a little further.

The Government’s consultation on permanence goes some way to ensuring that voluntarily accommodated children receive the support they need, but, as was made clear from the reference to the letter in the Telegraph, an awful lot of important bodies in this area, as well as academics, support the need for further action. As others have said, the Government’s attempts to improve the adoption system should undoubtedly be praised. However, adoption is not the outcome for the majority of looked-after children. Instead, most children placed in care return home to parents or carers. In 2012, 10,000 children went home after a stay in care compared with just 3,440 who were adopted.

However, many children go home without a proper assessment of their and their parents’ support needs prior to leaving care or after they have returned home. For example, in cases where children were returned to households with a high recurrence of drug and alcohol misuse, only 5% of parents were provided with treatment to help them address their substance abuse. The lack of these types of support services often results in children going back home to face a significant risk of experiencing further abuse. In fact, research by the NSPCC shows that around half the children who came into care because of abuse or neglect suffered further abuse when they returned home. Recent DfE statistics show that a third of children who return home subsequently go in and out of care twice or more. Suffering from or being at risk of further abuse, and moving in and out of care, only compounds these children’s already traumatic childhoods and can cause significant long-term harm.

The NSPCC believes that a child should only return home from care when there has been a comprehensive assessment of that child’s needs and effective support is provided for children and their parents, in particular to tackle the underlying problems—as well as drugs and alcohol, there might be domestic violence, mental health conditions or generally poor parenting. Research shows that such an entitlement is unlikely to place an additional burden on local authorities—it could save them money, given the high financial cost of failed returns home. In one case highlighted in the recent DfE data pack, the total social care costs were £22,068 due to the child having frequent episodes in care. That was as opposed to an estimated cost of £13,124 if support to tackle substance abuse had been provided to the child’s parents.

The Bill provides an important opportunity to address this issue and ensure that local areas are required to provide such an assessment and the subsequent necessary support. I very much hope that, along with these other amendments, the Minister will give welcome attention to what best can be done under these circumstances.