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The five Every Child Matters outcomes are what we mean by children's well-being, and we expect local services to work together more effectively to deliver them. The addition of services such as housing to the list of outcomes is therefore inappropriate, but I agree that good housing will be an important contributory factor in delivering the Every Child Matters outcomes.
The noble Baroness, Lady Walmsley, pointed to the fact that housing authorities are already captured by existing legislation. Top-tier and unitary authorities are the establishing authorities and district councils are relevant partners in children's trusts. Their housing departments are therefore already involved. However, the Government recognise that housing departments need to get more engaged; I support the noble Baroness in her remarks on that. I can reassure her that the new statutory guidance, going out for consultation shortly, will state that the chief executive, along with the director of children's services, should ensure that those links are forged and are working well.
We also recognise the important role that registered social landlords play. Through the children and young people's plan regulations, we intend to require children's trust boards to consult them when drawing up their plan. Also, the new statutory guidance will seek to ensure those responsible for housing locally are involved in the work of the children's trust board itself. The noble Baroness, Lady Walmsley, was especially concerned about the lack of information-sharing between local housing departments and children's trusts. I make clear that we are strengthening statutory guidance there. Through the comprehensive area assessments, we will assess whether the new arrangements are working effectively in practice. That is an important development to watch.
Turning to Amendments 276AA and 276C, I can assure the Committee that the clauses do not threaten academies' independence. I can reassure the noble Baroness, Lady Verma, in that regard. Adding academies to the list of relevant partners empowers them-in the way that I think that she is looking for-not only in local strategic decision-making, but also in forging strong links with other children's trust partners.
Although Amendment 276C would give academies the right to be represented on the children's trust board, that is different to the automatic representation that would be given to academies as relevant partners. Under that amendment, academies could choose not to be represented on the board. That could leave academies, which educate some of the most vulnerable children in our country, outside the most important partnership in the children's services world.
We are about empowering academies. I can assure the Committee that that is about better outcomes in services for young people and their families by making services integrated, accessible and available, not about academies losing their autonomy. Yes, we are requiring academies to work with children's trusts, but let me be clear: we expect children's trusts to engage positively with academies, as with other schools. There will be significant benefits from that way of working.
As a post script to my response to those two amendments, I remind the Committee that the consultation conducted last year into legislative options for strengthening children's trusts gave a clear steer that academies should be included on the same basis as maintained schools.
On Amendment 277, we wholeheartedly support the principle that the noble Baroness, Lady Walmsley, promotes of involving children and young people. I am happy to place on the record a clear commitment to set out in statutory guidance that we will expect children's trust boards to produce a child-friendly version of their children and young people's plan. That represents a significant strengthening of the current position.
On Amendment 277A, I am happy to confirm that the indicative regulations, which we have sent to Peers, will be placed in the House Library. They set out the different groups and bodies that we intend the children's trust board to have to consult when preparing the children and young people's plan. The statutory guidance will also emphasise the need to consult widely when preparing the plan.
I shall pick up on another point made by the noble Baroness, Lady Walmsley, about the importance of consulting young people. We recognise that the genuine participation of children and young people is vital for the success of the children and young people's plan, as our indicative regulations will show.
I now come to the powerful contribution made by my noble friend Lord Morris and the noble Baroness, Lady Walmsley, regarding the UNCRC. I am happy to put on record again a clear commitment to reference the convention in statutory guidance to which the local authority and its relevant partners must have regard. We will also look to offer practical advice and guidance to children's trust boards on how to ensure that their children and young people's plan is consistent with the principles of the convention.
We may have the opportunity to debate again-I hope we do-the Government's commitment to the convention. We are strongly committed to the implementation of the convention. We have had some very positive feedback on our approach to the
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Our primary concern is to focus on the outcomes that the convention requires and their delivery. Using specific pointers and instructions in guidance will be very successful in achieving the kind of change that is required to have regard to the convention in legislation. It is an extremely significant step forward for those who are concerned to see the UNCRC progressed in this country. For example, we plan to state in the guidance that children and young people should be engaged in line with Article 12 of the UNCRC, which states that, as the noble Baroness, Lady Walmsley, wants, children have the right to say what they think should happen when adults are making decisions about them. I believe this is a significant step forward. I am happy to put this clear commitment on record, and I hope that with that the noble Baroness will withdraw her amendment.
Lord Morris of Handsworth: I thank the noble Baroness, Lady Walmsley, for her support for Amendment 278. I thank the Minister for her clear expression of support for and commitment to the UN Convention on the Rights of the Child. On the basis of the guidance that she is intending to offer to trust boards in the preparation of their plans and on other policy issues, I shall not move my amendment.
Baroness Walmsley: My Lords, I am most grateful to the Minister for her reply to all the issues covered by this group of amendments. It is very gratifying that the Government accept the importance of housing in relation to the well-being of children. I thank her for mentioning that the guidance will ensure that the links are made stronger and that they will be assessed in the comprehensive area assessment. I am also delighted that she confirmed that social landlords will be consulted and brought more into the family of organisations that are working on the well-being of children.
I am staggered by the suggestion that academies should not have the duty to co-operate in this matter. Safeguarding children is not an option. It should be the duty of all relevant bodies. I thank the Minister for what she said about the child-friendly version of the Children and Young People's Plan, which was very gratifying, and also about the consultation with the relevant groups. I echo what the noble Lord, Lord Morris, said in welcoming the commitment she gave about the statutory guidance and the practical advice to children's trust boards on the compliance of their plan with the convention. As she rightly said, it is the responsibility of the state to comply with the convention that it has signed. However, I would have thought that part of that compliance would be ensuring that the convention was implemented by every relevant body in the state. It is very appropriate that that should be done, and I am most grateful to the Minister. I beg leave to withdraw the amendment.
Amendments 276AA to 276C not moved.
Debate on whether Clause 186 should stand part of the Bill.
Lord Elton: This clause amends Section 10 of the Children Act 2004. I would like to leave a thought in the Minister's mind for her to reflect on between now and Report. It was stirred in me by hearing the noble Lord, Lord Morris, refer to the question asked by convention officials about why British children were so much less happy than others. That made me remember a large symposium brought together by the honourable Member in another place Baroness Diane Abbott-she is not a Baroness, as yet at least-in which it emerged that children in large parts of London felt safer in the streets that they did at home or school. Section 10(4) of the Act lists those who are to be regarded as relevant partners with local authority children's services. It includes the police, probation and the youth offending team. The absence of the magistracy in some form needs to be thought about for two reasons: first, they would have something to contribute and, secondly, they would have a great deal to learn. It is very important that those who sentence young people understand the framework in which they have been living and to which they will be sent to live. I hope the Minister will bear that in mind if I put something down on Report.
Baroness Morgan of Drefelin: As ever, I am very happy to think carefully about the contribution of the noble Lord.
Clause 187 : Children's Trust Boards
Amendments 277 to 278 not moved.
Clause 188 : Targets for safeguarding and promoting the welfare of children
278A: Clause 188, page 109, line 23, at end insert-
"( ) In section 66(4) of the Children Act 2004 (c. 31) after "section" insert "9A and"."
Baroness Walmsley: My Lords, I rise to move Amendment 278A, and I can be brief. Clause 188 inserts a new Section 9A into the Children Act 2004 in relation to setting targets for safeguarding and promoting the welfare of children. My intention is to make the first determination of these targets a matter for the affirmative resolution of Parliament to allow them to be properly debated, not just nodded through. This is a vitally serious matter in which many Members of
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Baroness Morgan of Drefelin: My Lords, I hope that I can respond to the noble Baroness in 338 words, while in no way diminishing the importance of her concerns.
We agree with the noble Lord, Lord Laming, that setting statutory safeguarding targets is a necessary step in the drive to improve safeguarding and child protection in all areas, as the noble Baroness has already suggested. We also agree with the spirit of this amendment; it is absolutely necessary that the proposed targets are appropriately considered and consulted on. However, it is not necessary to achieve this through the affirmative procedure, and I hope to persuade her of that.
While I understand why the noble Baroness proposes that the regulations should be subject to the affirmative procedure, this provision, as she suggested, follows its equivalent in Section 1 of the Childcare Act 2006, under which the Secretary of State sets early-years targets in accordance with regulations. That regulation-making power is subject to the negative procedure rather than the affirmative procedure. We set this out in our memorandum to the Delegated Powers and Regulatory Reform Committee, which is content with our approach.
We have expressly specified in the Bill the matters which the regulations on safeguarding targets may address. These include the subject matter of targets, the periods to which targets might relate, and the procedure for setting targets. These issues have already been discussed as part of the National Safeguarding Delivery Unit stakeholder consultation workshops that were held over the summer, and I assure the noble Baroness that they have been very comprehensive and inclusive. The next stage will commence shortly when we launch a public consultation on the new package of safeguarding indicators and statutory targets.
It is right to consult fully on the details and to listen very carefully. We have listened very carefully in the generation of the documents for consultation. We will outline our proposals in this area, including the indicators against which targets would have to be set, the periods to which the targets would relate, and the procedure for setting them. As I have stressed, we have already consulted stakeholders on the development of our proposals for revised safeguarding national indicators and new statutory targets, and we are committed to continuing public dialogue and consultation on the regulations.
Given the extensive programme of consultation that we have embarked on and propose to undertake in the future, I hope that we will be able to proceed without the need for the affirmative procedure. Obviously that is entirely in the gift of this House-the committee will no doubt have a view on this, and I in no way wish
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Baroness Walmsley: My Lords, I thank the Minister for her reply. Certainly the opinion of the Delegated Powers and Regulatory Reform Committee is very important in these matters, and all the consultations which the Minister has been at great pains to explain give me a certain amount of reassurance, but this is a bit technical so I will carefully read the Minister's reply in Hansard before deciding whether to press her further on the matter. In the mean time, I beg leave to withdraw the amendment.
279: After Clause 190, insert the following new Clause-
"Arrangements for seeing children separately
After section 16 of the Children Act 2004 (c. 31) (LSBs: supplementary) insert-
"16A Arrangements for seeing children separately
(1) The children's services authority shall secure that, when any child who is the subject of either-
(a) an investigation under section 47 of the Children Act 1989; or
(b) a child protection plan agreed by the Local Safeguarding Children Board,
and who is visited by his or her key worker, the child shall, if practicable and reasonable in the circumstances, be seen separately from his or her parent or care-giver.
(2) The key worker referred to in subsection (1) is-
(a) in the case of subsection (1)(a), the lead social worker appointed by the children's services authority; and
(b) in the case of subsection (1)(b), the key worker appointed by the Local Safeguarding Children Board.""
Baroness Walmsley: My Lords, I am afraid that I cannot guarantee to be quite so brief this time.
This amendment requires that a child who is the subject of either a Section 47 investigation or a child protection plan shall be seen by the key worker separately from the parents or carers. Section 47 requires the local authority to make inquiries, where a child is suspected to be suffering or to be likely to suffer significant harm, to enable it to decide whether it should take any action. A child protection plan is drawn up when the local safeguarding children board decides that the child is at risk of significant harm.
The amendment does not envisage the child being subjected to any sort of medical or forensic examination or interrogation. I thought that I would make that clear right from the start. However, experience of a large number of sad cases has shown that it is essential that the key worker's opportunity to get to know the
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Currently there is no law on seeing children separately. However, I accept that both legislation and guidance note the importance of obtaining children's views and perspectives. Section 53 of the Children Act 2004 placed a new duty on local authorities to ascertain and give due consideration to the wishes and feelings of children before providing services under Section 17 or making decisions under Section 47 of the Children Act 1989.
I also accept that in Working Together to Safeguard Children, the statutory guidance on child protection, there is emphasis on the central importance of the child in safeguarding procedures. In paragraph 5.4, the guidance comments:
"Some of the worst failures of the system have occurred when professionals have lost sight of the child and concentrated instead on their relationship with the adults. The child should be seen by the practitioner and kept in focus throughout work with the child and family. The child's voice should be heard and account taken of their wishes and feelings".
In paragraph 1.28, the guidance emphasises that assessing the risk of significant harm,
Furthermore, in paragraph 5.62, local authority children's social care has the lead responsibility for Section 47 investigations, which,
In paragraph 5.109, the key worker appointed under a child protection conference should,
and, in paragraph 5.119, the child protection plan should be,
So I am not saying that there is nothing in guidance; far from it-all these things add up to a strong imperative to see the child separately-but the facts of the terrible deaths of Baby Peter and others indicate that this is not enough. It should be a legal duty for three reasons. First, seeing the child separately from the parent is the only way in which the key worker can reliably fulfil their new statutory duties under Section 53 of the Children Act 2004. Secondly, seeing the child separately is central to the effective protection of children, a fact acknowledged by the Secretary of State, Ed Balls, in his press conference statement on the death of Baby Peter. Thirdly, it is clear from the three official overviews of child serious case reviews that guidance on the need to see children is not sufficient. These overviews all note that there is little to no evidence that the children who were subsequently murdered or injured were ever seen or talked to directly.
The study of serious case reviews in 2003-05 discusses the lack of focus on the child and children not being seen alone, and comments, on page 91:
"This also applies to babies who are not yet able to speak for themselves and can be ignored".
A skilled and experienced social worker can detect from the state of the baby and the way in which it interacts with the carer the sort of relationship that it has with the carer. The baby really does not need to be able to speak.
The obligation on agencies to share information is already in legislation. Seeing the child separately from their carers is just as important as sharing information, and many more children would have been protected from harm if their key workers had done so. Such a law would help key workers in their extremely difficult task of simultaneously supporting parents and policing them. It would allow the key worker to explain to parents that they are simply following the law when requesting to see the child alone and that this does not necessarily imply a lack of trust in the parent. The amendment would identify the bottom line; namely, that the child is the client in these circumstances, not the parents.
This amendment was debated in another place, where the Secretary of State, Mr Ed Balls, claimed that the matter was already in statutory guidance. However, in his argument that the amendment is unnecessary, he relies on the remark in paragraph 5.62 of Working Together to Safeguard Children that Section 47 inquiries,
Apart from that, there is no mention of seeing the child separately. However, this amendment is not about formal investigations under Section 47. It is about key workers establishing a continuous, professional relationship with at-risk children separate from the carers. The Secretary of State suggests that the law enables social services to take emergency action if the parents refuse to allow the child to be seen alone. That is irrelevant, since they will seek such emergency power only if they have in the first place sought to see the child alone and have been refused.
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