Education and Adoption Bill

Edward Timpson Excerpts

Wednesday 16th September 2015 Commons Chamber

[Steve McCabe]

The Department published a report in August entitled “Impact of the Family Justice Reforms on Front-line Practice Phase Two: Special Guardianship Orders”. I also believe the Minister is planning a more extensive review of SGOs.

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

indicated assent.

[Steve McCabe]

There are two issues: first, there might be evidence that some local authorities are favouring SGOs in circumstances where they were not originally intended; and secondly, there are financial concerns, particularly for grandparents with SGOs. Local authorities have discretionary powers to provide financial support, but it is inevitably means-tested, meaning that some grandparents, having been persuaded by local authorities, sometimes on the basis of limited information, that SGOs are the best route to go down, and thinking they are doing the right thing by the child or children, could find themselves in dire financial circumstances, with the local authority all too happy to wash its hands of it all. As I said, a report in the summer was illuminating on this subject, and I believe the Minister is planning a further review. I hope he will say a bit more about this problem before the end of the day.

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I think there is overwhelming support across all the parties to see success in providing permanence for children who end up in the care system. There are opportunities to make a difference for children who end up being adopted, but I remind the Minister that those children for whom adoption is the right form of permanence are only a small proportion of the children who end up in the care system. We must remember that and make sure we look after all the children who end up in care and do not contribute to a widespread perception that adoption is the gold standard and other forms of permanence are not. We must invest in and support all forms of permanence. I hope the Minister will do that both in the remaining stages of this Bill and in what he does over the coming, weeks, months and years.

[Edward Timpson]

I am grateful to the hon. Members for Birmingham, Selly Oak (Steve McCabe) and for Cardiff West (Kevin Brennan) for tabling their amendment, and for the other informative and constructive contributions from other hon. Members across the House. The amendment raises the important issue of ensuring that the power given to the Secretary of State in clause 13 is used in a transparent way and takes into account the impact of any action on voluntary adoption agencies, other models of care and the provision of post-adoption support by requiring an annual report to be laid before Parliament. I am pleased that the Secretary of State is in the Chamber to hear the views being expressed on this aspect of the Bill.

It is important to state at the outset that I appreciate the intentions behind the amendment. I agree that we need to be clear about how the power is used and the impact that it has. I can assure hon. Members that the process will be open and fair and that decisions will be transparent. I see that as the main thrust of the amendment, which hon. Members have drawn out during the debate. Be that as it may, the laying of an annual report before Parliament on the use of this power would, in our view, be disproportionate, and I shall explain why we take that view.

[Mr Burrowes]

I should like to take this opportunity to congratulate the Minister on leading the charge towards increasing the number of children who have permanent homes. The record increase in the past year provides the best evidence that we are a party and a Government that support families. In regard to the move towards regional adoption agencies, can he assure me that there will not be a one-size-fits-all approach, and that there will be flexibility in the system? For example, in the borough of Enfield, will there be a cross-over into Hertfordshire as well as into the London boroughs? We need to achieve the necessary efficiencies, but we must also act in the best interests of the children.

[Edward Timpson]

I am grateful to my hon. Friend for his support, not only for the Bill but for the work that we have been doing in government to improve the adoption system. I can assure him that we will go on to talk about those matters in more detail. This is very much a bottom-up approach to the development of regional adoption agencies. It has purposely been designed to ensure that it has the flexibility that he mentioned, so that local authorities across regions, working closely with voluntary adoption agencies, can come up with the solutions that work best in their areas, based on their collective expertise. Even in the early stages of the process, that is already happening.

Before I set out the reasons why we do not accept the amendment, I want to address the specific issues that have been raised in the debate. At the heart of this has been the way in which adoption fits into the wider routes to permanence for children in the care system. Reforming the adoption system is a key Government priority, but adoption is clearly a solution for only a small group of children who cannot be looked after by their own parents, as the hon. Member for Sefton Central (Bill Esterson) reminded us. That is why, in parallel to improving the adoption system, we have taken—and are determined to continue to take—action in relation to other placement types as well.

The reason that the measures in the Bill refer only to adoption is that the adoption system operates on such a geographical scale that the kind of rationalisation envisaged here makes sense. However, if local authorities want to bring together other permanent services voluntarily, they have the freedom to do so. We are also taking action to improve the outcomes of children who have already left the care system. In the last Parliament, we took many steps to improve the support for children in care, including providing funding of nearly £100 million through the pupil premium plus, allowing targeted individual support to be provided for children in care in schools, introducing a new duty on local authorities to appoint a virtual school head, strengthening quality standards in residential settings to make them safer places for children and young people, and launching a cross-Government strategy for care leavers in 2013.

[Bill Esterson]

The Minister mentioned the pupil premium plus. I commend him for that, because it has been a very successful initiative in schools, providing support for individual children in care and for former children in care—so adopted children qualify, too. To come back to the point I was making, the problem has been that we do not have the mental health professionals and qualified child psychologists to do the work that is needed in the timely fashion or to the level that is needed—that goes back to the point made by the hon. Member for Stevenage (Stephen McPartland). That is why we need to recruit and train the qualified professionals in those sectors, so that we can make the most of that investment.

[Edward Timpson]

The hon. Gentleman makes a fair observation, and I will come on to talk a little more about the need to improve mental health services. The Prime Minister was clear that that was a key Government programme of work that will be taken on over the next five years. To ensure that children are receiving the right type of support when they need it, we need good decision making, good planning for them and an integration of those services around them—that is one of the roles the virtual school head has. This is also why we have embarked on an ambitious programme of reform to social work, making sure that those involved have the key knowledge, skills and practice-based learning to ensure that they are making the good decisions that lead to better placements and better outcomes.

To improve practice where the best permanence option is to remain as a looked-after child, we have also amended regulations in April to introduce long-term foster care as a distinct placement type for the first time. As someone who comes from a family who fostered both short term and long term, I think this is a very welcome step, which gives children who find themselves often for a large part of their childhood in the same placement a sense of family and stability. Together, we have made revisions to the wider statutory framework to ensure that those decisions are made very much in the best interests of those children. I could say much more if more time were available, but a lot of work has been done and will continue to be done in government to ensure that whatever the right permanency placement is for a child from the care system, we have the best system, the best people and the best accountability in place, so that they have the best possible start in life.

The issue of the crossover of adoption into special guardianship orders was raised by the hon. Member for Birmingham, Northfield (Richard Burden). He highlighted a case from his constituency, which he has previously raised with me. It is right to say , in response to the hon. Member for Birmingham, Selly Oak, that we have launched a public review of the legislative and practice framework underpinning special guardianships. It is now a decade since they were introduced by the last Labour Government, and it is time for us to have a close and proper look at the consequences of their introduction. For instance, we have seen a sharp increase, of 64%, in the use of SGOs for children under the age of one, which is not what was originally intended or envisaged when the legislation was introduced. We have also seen, through the court judgments of Re B and Re B-S, SGOs often now being regarded as a default option when considering a child’s long-term future. We also have a disparity in respect of the level of assessment that there is of the potential placement for a child in a special guardianship placement, as opposed to adoption. This review is up and running, and is currently out for consultation. The hon. Member for Birmingham, Northfield may wish to know that he has until this Friday to make any comments to that consultation. We will be working carefully with the expert group that we have set up to make sure that, whether in relation to the decision around an SGO or the subsequent support, we make improvements from where we first started.

[Richard Burden]

Will the Minister ensure that he discusses this matter with his colleagues in the Department for Work and Pensions, particularly in respect of child maintenance? He will know that the case I raised with him involved two grandparents who ended up getting an SGO but then split up. The grandparent who left ended up with no maintenance responsibility for the child, which he would have had if this had been an adoption. There are arguments on both sides there, but this needs to be sorted out, because the reality in that case is that one grandparent is left with a child with very few means of support. That is clearly something that needs to be sorted out.

[Edward Timpson]

We are engaging Government Departments right across Whitehall to ensure that the implications of SGOs are being properly considered. In the scenario that has just been set out, we will need to consider whether we understand fully the consequences of these types of orders being made, and I will ensure that that is communicated to the relevant Minister in the Department for Work and Pensions and that it is looked at by officials in both Departments as part of the review.

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[Bill Esterson]

Will the Minister give way?

[Edward Timpson]

Very briefly, because I wish to move on to the main thrust of my response.

[Bill Esterson]

I am grateful to the Minister for giving way. One of the issues that I have raised is the evidence of the prevalence of foetal alcohol spectrum disorders and the very high numbers of looked-after children and adopted children who appear to have that condition. Will he ensure that awareness and support for those caring for those children is part of what he has been talking about?

[Edward Timpson]

An essential element of all of this work is that anyone who takes on a child who has had trauma in their early life understands what it is. I am talking about not just its presentation but its causes. As part of that, we need to look at foetal alcohol syndrome, and I commend the hon. Gentleman for the work that he and his new all-party group are doing to raise awareness of that issue. I am happy to engage with him on that matter as I indicated in Committee.

As I set out in Committee, the current adoption system is highly fragmented, with around 180 agencies recruiting and matching adopters for only 5,000 children per year. We do not believe that such a localised system can give the best service for some of our most vulnerable children. As well as being inefficient in scale, it also too often leads to ineffective practice across the system. The introduction of regional adoption agencies will help to address those issues in several ways.

The first way is through matching. It still takes an average of eight months between placement order and match. We know that delays are often caused by an unwillingness to seek a family outside a local authority’s own group of approved adopters. That is simply not good enough. No child should suffer the lasting harm that we know delays cause because the local authority refuses to look elsewhere for a match. That is why we are making £30 million available to pay the inter-agency fee over 12 months for particular groups of children. That will help to ensure that they are matched quickly in the short term while regional adoption agencies improve things in the long term. Successful matching relies on being able to access a wide range of potential adopters from the very beginning, and regionalising adoption would give adoption workers that choice.

The second way is through recruitment. Although we have adopters approved and waiting to be matched, we have too few who are willing and able to adopt harder to place children, which means certain groups of children wait significantly longer than others to find adoptive families. For example, as at 31 March 2014, disabled children were waiting 7.6 months longer than the average child. The current system is not serving those children well enough, and we cannot just accept that as it is. Regional adoption agencies would be able to take account of the needs of a larger number of children when planning a regional recruitment strategy. Recruitment could therefore be better targeted, leading to the right adopters being approved and fewer children having to wait.

The third way is through adoption support. In too many cases the specialist support that many adopted children so desperately need, including mental health services, has simply not been available. In many areas, the number of adopted children is so small that local authorities are unable to ensure that the right provision is available. Regional adoption agencies will assess more children’s needs and give them a greater understanding of what should be commissioned. Commissioning at a regional scale will allow providers to expand their services, provide better value for money for the taxpayer and help ensure that all adoptive families receive a consistently high quality of assessment and provision. That will build on the adoption support fund that we have set up, which is now running, to the tune of £19.3 million. It is vital that adopted children receive the therapeutic and mental health services they need, which is why we have made that significant investment. Since May it has helped more than 1,400 families and spent £5 million, and all but 10 local authorities have already made a bid to the fund, which demonstrates how essential it is for those children.

I would like to set out what work has already been done to help achieve that regional approach. We want to support and work with local authorities and voluntary adoption agencies to help deliver regional adoption agencies. That is why we are providing £4.5 million of funding this year to support early adopters to accelerate their development and early implementation. I am pleased to tell the House that we have already received 30 expressions of interest for that support, covering every region of the country.

I would also like to assure hon. Members that through this process we are carefully considering the impact that moving to regional adoption agencies will have on voluntary adoption agencies, other models of care and the provision of support, which the hon. Member for Birmingham, Selly Oak rightly raised in his contribution. It is worth noting that voluntary adoption agencies are formally or informally involved with consortia across all regions already. We have been very clear that proposals need to look at how links with other children’s services can be maintained and how support functions will be carried out.

We have also been clear that voluntary adoption agencies have an important role to play. In our paper “Regionalising Adoption” we set out that we are particularly keen to consider models that bring together the best of the voluntary and statutory sectors. Proposals for regional adoption agencies that include voluntary adoption agencies will be looked on favourably, even for those that do not see partnership with local authorities as an option for them. The service they provide in recruiting adopters, particularly for some of the most vulnerable and complex children, will still be much needed by the new regional adoption agencies. That is built on our knowledge of the enormous expertise, service quality and excellent outcomes that voluntary adoption agencies have a record of delivering, as well as our desire and determination to ensure that the move to regional adoption agencies does not adversely impact on them. We will continue to monitor that closely as regional adoption agencies take shape.

Our intention is that, as far as possible, the sector will move to regional adoption agencies by itself. As I said in Committee, this power is simply a backstop measure for those agencies that do not rise to the challenge, as well as allowing the Secretary of State to direct local authorities to have a particular function carried out on their behalf by a voluntary adoption agency if an individual council or regional adoption agency is not doing so effectively.

We are confident that the majority of local authorities will seize this opportunity to deliver their services in new and exciting ways. I am pleased to see how the sector has already responded to the move to regional adoption agencies. The Association of Directors of Children’s Services sees this as a sensible development and Carol Homden, chief executive of Coram, stated in her oral evidence that the Bill will help children regarded as harder to place. The move to regional adoption agencies involves real potential to improve the life chances of some of our most vulnerable children, and I believe the majority of those working in adoption will make this a reality.

As I set out earlier, we have already had 30 expressions of interest for the support available this year. It is hugely encouraging that these bids cover all regions and the majority of them involve a voluntary adoption agency. Each expression of interest is currently being fully assessed and funding decisions will be made by the end of the month. It is also important to note that prior to this programme, we had already seen the emergence of some new delivery models for adoption and some growth of consortia and regional collaboration. For example, Wokingham Borough Council, Bracknell Forest Council, West Berkshire Council and the Royal Borough of Windsor and Maidenhead have launched a combined adoption service, known as Adopt Berkshire.

This is a move that is already seen as beneficial and we will build on this impressive momentum. Therefore, as noted by Sir Martin Narey in his oral evidence, we expect to use this power rarely, if at all. I can reassure the hon. Member for Birmingham, Selly Oak that if the power is required, the decision to use it will be made following extensive and detailed discussions with the agencies involved. These discussions will cover a range of areas, including the role of voluntary adoption agencies, the provision of support and the link with other care options. In addition, I listened carefully to the suggestions made by the hon. Gentleman in Committee, and before making any final decision we will write to any relevant local authority seeking its views and requesting supporting evidence. I can therefore reassure the House that all those involved will have a chance to comment on the proposal before a final decision is taken.

There is no requirement for the Secretary of State to lay an annual report before Parliament about directions issued to local authorities when the direction, as here, is to arrange for another body to exercise a wide range of functions on behalf of the local authority. As such, a more proportionate approach than laying an annual report before Parliament is to discuss directly the use of the power and its impact with those charged with delivering adoption services. We will work with both individual agencies and through the Adoption Leadership Board and regional adoption boards to ensure the effectiveness of this joined-up approach. As a consequence, I hope the hon. Member for Birmingham, Selly Oak will withdraw the amendment.

This has been a good and helpful debate which has drawn out some of the issues that surround adoption, not just what is in the Bill. I will endeavour, of course, to continue to work hard for all children in care, whatever their route to adult life happens to be. This is an important step in making sure that adoption and the adoption services function better, more quickly and in the best interests of every child for whom it is the right future.

[Steve McCabe]

I am sure we will return to many of these issues in the days and months ahead. For the time being, as a sign of my good faith, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Third Reading