Foster Care

Emma Lewell-Buck Excerpts

Wednesday 14th March 2018 Westminster Hall

[Mrs Emma Lewell-Buck (South Shields) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Howarth.

I thank my hon. Friend the Member for Sefton Central (Bill Esterson) for securing this debate. His practical experience and knowledge of fostering made for a formidable opening speech. I pay tribute to all other Members who have contributed, especially the hon. Member for Dundee West (Chris Law), who it is a pleasure to follow. We are honoured that you shared your story with us today.

Since 2010 we have seen an exponential rise in the number of children coming into care. There are now 72,000—the highest since the 1980s. There is a wealth of evidence that the Government’s forced austerity measures are driving that increase. With the stream of referrals coming into children’s services departments leading to 90 young people entering the care system in England every single day, the implications for fostering are clear. That is why so many of us were keen to see the long-awaited fostering report, which was first announced in 2016 and released this February. Sadly, for some of us, that keenness quickly waned. Today I will focus on that report.

The report has received more criticism than praise, and is viewed by many as lacking vision about transforming the dire state of fostering in England. It makes assumptions based on opinion, not evidence. It makes a number of unqualified, sweeping generalisations. In my view, our children and foster-carers deserve better.

It is essential that there are enough foster-carers to meet demand. At present, there simply are not. The pitiful pay given to foster-carers, leading to some of them making the painful decision that they cannot continue in that role, coupled with the Education Committee’s findings that identified the Government’s lack of efforts in the recruitment of new foster-carers, suggest that we are on a trajectory where there will not be enough homes for the children who need them.

Foster-carers are deeply committed to every single child in their care. So it was disappointing to see that the stocktake claims that carers are not routinely underpaid, and that they are paid adequately. That is simply wrong. We know that a quarter of carers receive the equivalent of less than £1.70 an hour, based on a notional 40-hour week, and 90% of our foster-carers do not receive the national living wage. The right hon. Member for Harlow (Robert Halfon), who chairs the Education Committee, summed up its findings by saying that,

“it is clear that too many are not adequately supported, neither financially nor professionally, in the vital work that they do.”

Should it not be an embarrassment for the Minister and the Government that they are presiding over a situation where foster-carers, who provide an excellent standard of care day in, day out, report that they are struggling to support not only themselves but the children who are entrusted to their care?

Carers who are struggling are also being offered golden hellos from independent fostering agencies to leave the local authorities they work with. Those agencies then charge local authorities higher rates. The undercutting by independent fostering agencies is a pattern that has been identified by many social workers and the Conservative vice-chair of the Local Government Association. Yet, the review denies the existence of such a practice, claiming that the reverse is happening—that councils are poaching foster-carers from independent agencies. That bizarre claim is based on nothing other than the authors’ perception. I really hope that the Minister will look closely at the regulation of commercial fostering agencies, as the Labour party has.

I, with others, was aghast when I saw in the report a raft of recommendations that would require primary legislative change. The report recommended that carers be given prominence over the day-to-day decisions regarding children in their care—prominence over birth parents, even when the children are in voluntary accommodation. That is at complete odds with the current legislation on parental responsibility and is simply wrong. The report’s authors do not seem to realise that there is already provision in legislation to take account of parental disagreement.

A deeply worrying recommendation, based on very little evidence, was also made that local authorities should scrap independent reviewing officers. IROs are a fundamental part of the care system. They were created to protect the rights of vulnerable children in care, to advocate for them and to ensure that their needs are met. Without IROs, a child who is unhappy or—worse—being abused in their placement, could literally have nobody at all to turn to. Imagine being that child, who has been removed from a place of harm into a placement where that harm endures, when there is nobody to tell about it and no escape. I am sure the Minister agrees that removing such safeguards would be at the Government’s peril, and that judicial consequences will certainly follow.

In the report there is also a fixation on legal status. It claims that the priority must be to convert more fostering placements into permanent arrangements. Apart from the obvious fact that an emphasis on legal status, rather than a child’s individual needs, is at odds with good practice, it completely ignores the availability and benefits of other options, such as long-term foster care. Every single child in the care arena is completely different and has different needs. That is why there are a number of options for care. Decisions should always be made on a child-by-child basis. The cynic in me cannot help think that the authors’ predilection for adoption or special guardianship is a cost-cutting exercise. Once permanence in those forms is achieved, the state no longer has a duty towards those children or their carers.

[Bill Esterson]

I am glad that my hon. Friend raises the point about the cost element of recommending adoption and special guardianship orders rather than long-term fostering. That particularly applies for those aged 18 and above. In my speech I did not mention Staying Put or the fact that the funding for it is lower than for foster care. Does my hon. Friend agree that that is a big mistake and a big impediment to ensuring that children who go into foster care are given the long-term permanence of being part of a family?

[Mrs Lewell-Buck]

It will come as no surprise to my hon. Friend that I completely agree. I am also a keen advocate of extending Staying Put to children in residential care. It cannot be right that there is a two-tier system where some children are treated differently simply because of their placement.

The recommendation is also symptomatic of the Government’s obsession with adoption as the gold standard, to the detriment of all other forms of care. We need a consistent, overall strategy for children in care under this current Government. Rather than seeing the holistic picture and attempting to address issues when they first arise, their piecemeal approach has led to separate and unaligned strategies around early intervention, children in need of help or protection, fostering and adoption.

Can the Minister confirm that he will robustly refute those recommendations? I respectfully remind him that full adoption comes with the severance of birth ties. He knows as well as I do that that is not always right for those children in long-term foster care who enjoy continued contact with their birth families throughout placement.

The report deeply disappointed again when it came to contact. It stated that the well-established presumption in favour of contact was removed by the Children and Families Act 2014. It was not. The presumption remains as enshrined in the Children Act 1989. I again make a plea to the Government for parity in legislation between the rights that children have to contact with their parents when in care and those that they have for contact with their siblings. As passionately explained by my hon. Friend the Member for Wigan (Lisa Nandy), relationships matter deeply to children in care.

I hope that the Minister will reject the recommendation that local authorities should not presume that siblings are best placed together. I acknowledge that it is not always appropriate, which is why the law states that siblings should be placed together as far as is “reasonably practicable”. This proposal, as with the false assertions about contact, is completely at odds with well-established practice and law, which is built on robust evidence.

The majority of organisations, charities, foster-carers and social workers are not only deeply concerned about some of the recommendations in the review, but disgusted by its shoddy nature. It makes assertions backed up with no evidence and at times contradicts existing research and evidence, which are coupled with an absence of children’s voices and a lack of understanding of the relevant legislation and policy in this field. Can the Minister advise when his counterpart will formally respond to the report, and will he pass on the request that, in doing so, he very seriously takes into account what has been said today and these misgivings, and ensures that our foster-carers and children are, once and for all, given the respect that they deserve?

[Mr George Howarth (in the Chair)]

Before I call the Minister, I remind him of the convention that the motion’s proposer has a short time to respond at the end of the debate.

[The Minister for School Standards (Nick Gibb)]

Thank you for the reminder, Mr Howarth. It is a pleasure to serve under your chairmanship. I congratulate the hon. Member for Sefton Central (Bill Esterson) on securing this important debate and on a very powerful and informed opening speech. There have also been powerful speeches from the hon. Member for Wigan (Lisa Nandy) and my right hon. Friend the Member for Meriden (Dame Caroline Spelman), and a moving speech by the hon. Member for Dundee West (Chris Law).

I am delighted to have the opportunity to speak about the Government’s plans for foster care. The hon. Member for Sefton Central has taken an interest in the independent review of fostering from the outset, and he discussed its purpose and remit with the Department’s officials. I am glad we can revisit some of those concerns now the review has concluded.

In his excellent opening speech, the hon. Gentleman made an important point about educational outcomes for children in care, which is something that I, as Schools Minister, care deeply about. Of children in care, 17.5% achieved A to C grades in their English and maths GCSEs, compared with 58.8% of other children. The average attainment 8 score for children in care stands at about 22.8, compared with 48.1 for other children.

Alongside the independent review of fostering that the Department commissioned, the Education Committee conducted an inquiry into fostering. My hon. Friend the Minister for Children and Families is discussing the reports’ findings with the Committee at this very moment—obviously the right hand arranged that meeting, while the left hand arranged the timing of this debate. We are considering the recommendations set out in the independent review alongside those made by the Education Committee. I will set out the Government’s plan for a formal response to both reports, which we will publish in spring.

We recognise that not everyone will agree with the conclusions of the independent review, or of the Education Committee, but importantly, we have an opportunity to work together to improve the foster care system and to better support looked-after children and foster- parents. We cannot do that alone: not all the reports’ recommendations are for central Government. It is important that we work with local authorities, independent fostering agencies, foster-parents and, of course, young people themselves, as we develop and deliver the Government’s response.

The hon. Member for Sefton Central raised the issue of local government funding. He will be aware that the 2015 spending review made more than £200 billion available to local authorities for local services, including children’s services, up to 2019-20—the end of the spending review period. The Government will also provide additional council tax flexibilities in 2018-19 and 2019-20. Funding for children’s services is an un-ring-fenced part of the wider local government finance settlement, which gives local authorities the flexibility to focus on locally determined priorities and their statutory responsibilities. Local authorities have used that flexibility to increase spending on children’s and young people’s services to around £9.2 billion in 2015-16.

[Mrs Lewell-Buck]

I appreciate that the Minister is not in his usual role. I asked the Minister for Children and Families a question yesterday that he was unable to answer, so I hope the Minister will be able to today. How does his Department square the circle with regard to local authority funding, when every other service that has an impact on children’s social care is being cut and completely depleted? Social work is a holistic profession; it relies on other services that are being stripped away, day by day, under this Government.

[Nick Gibb]

As I said, the spending review made more than £200 billion available to local authorities for local services throughout the review period. In addition, we have introduced greater flexibilities for local authorities to raise additional funds.

--- Later in debate ---

[Nick Gibb]

Young people were consulted, but I will get back to the hon. Gentleman on the precise number involved in the consultation.

Although there are areas of disagreement, there are three common themes. First, we need to ensure that enough high-quality fostering placements are available in the right place at the right time to meet the needs of children in the care system. Secondly, we need to ensure that foster-parents receive the support and respect they need and deserve for the incredibly valuable role that they play in looking after children in care. Thirdly, and perhaps most importantly, we need to ensure that children and young people are listened to, that their wishes and feelings are taken into account, and that they are involved in decisions about their lives.

The hon. Member for Sefton Central also raised the issue of adoption. Stability and permanence are transformative for many children. For some children, long-term foster care will be the right choice. It is one of a range of options that includes adoptions and special guardianship, as he mentioned. The independent review asks the Department to put permanence at the heart of policy making, and we agree that that is the right thing to do.

Foster-parents play a vital role in supporting some of our most vulnerable children. They are essential for achieving high ambitions for the children in their care. They are uniquely placed to recognise the child’s needs and to respond to them appropriately. However, some foster-parents feel frustrated by the treatment they receive. We need to ensure that all foster-parents receive the support and respect they need for the incredibly valuable role that they play. The two fostering reports are clear that foster-parents are the experts in the children they look after and should be recognised as such. The statutory framework sets out that foster-parents should be listened to and included in decisions about the child’s care, but the evidence suggests that that does not always happen.

[Mrs Lewell-Buck]

I am not sure whether I heard the Minister correctly. Did he say that the Department puts permanence at the heart of everything it does? Does that not deny the wishes of children who want to go into residential care, long-term foster care or other forms of care? Why is the Department riding roughshod over the views of some children?

[Nick Gibb]

That is not what I implied by what I said, which was that permanence was at the heart of policy making. Of course the views and rights of children are paramount in all the decisions that are made. The best interests of children will drive decision making for them.

We need to consider how foster-parents can be better supported so that they feel valued and empowered to parent the children in their care. For example, the independent review highlighted the need for greater delegation of day-to-day decision making. We will explore with the sector how we can improve guidance and practice.

Government policy is very clear that no foster-parent should be out of pocket because they are looking after a child. The Government set the national minimum allowance, and we are clear that we expect all foster-parents to receive at least that sum, but we need a better understanding of the national picture on remuneration. We will consider financial support alongside the wider package of support to ensure that foster-parents can continue to fulfil their valuable role.

The hon. Member for Sefton Central mentioned the professionalism and expertise of foster-parents. He is right that they should be treated professionally. He also mentioned the proposal for a national register of foster-carers. We are considering that recommendation. It is clear from both reports that more strategic sufficiency planning would help to secure better matches for more children. Some form of register may help to improve referrals, because it is hard to get a real-time picture of foster-parent availability. It is essential that we do not lose the insight from social workers in individual cases or the personal interactions in making placements.

My right hon. Friend the Member for Meriden raised the faith background of foster-parents. The Government welcome anyone of any religion or ethnicity who comes forward to foster, provided that they meet the needs of children. However, she is right to raise the issue. We have heard and noted her concerns about faith literacy. We will consider how training can be improved for social workers and foster-parents in faith literacy and other matters. There are a number of misunderstandings about fostering in general, including about who can foster. The Government’s response to the reports will provide an opportunity to address the issues that she rightly raises.

The hon. Member for Wigan raised the issue of foster-carers’ 30 hours of free childcare. The child’s best interests have to be the paramount consideration. We are working with local authorities, and where childcare is in the child’s best interests, we expect it to continue even if they move to another placement. The hon. Lady also expressed concern about the high number of placements out of area. At the end of March 2017, 60% of children in foster care had been placed inside their council boundary and 80% within 20 miles of their home. However, the national availability of foster-carers does not always reflect local need. Local authorities have a duty to ensure the availability of foster-parents. The Government are working out how we can support councils to fulfil that duty.

The hon. Lady also raised the important issue of the voice of the child. The survey of children and young people by the Children’s Commissioner heard how important it was for young people to feel listened to and to have a greater role in decisions made about their lives. Several said that they felt that they did not have a say in anything and found that foster-carers and social workers dominated decisions about their placement. It is clear that the whole system needs to be better at listening and responding to the views of children and young people in its care. We are determined that children and young people have opportunities to contribute to the development of the Government’s response to the two fostering reports, so they are being supported by external organisations who have the necessary expertise.

I am grateful to the hon. Member for Sefton Central for this opportunity to continue debating the important issue of fostering. The independent review, the Education Committee and the many organisations and people who have contributed to the reports have given us a real opportunity to develop policy further and make a sustained change to the outcomes of children in care. The points raised today continue our important debate, and I thank right hon. and hon. Members for their contributions. As we develop our future work programme on fostering, we will continue to listen and work with all those who have an interest—not least young people themselves.