Children and Young Persons Bill [HL]

That is my understanding. If there is anything I need to clarify further, I will do so. In addition, before making any decision with respect either to a child they are looking after or one they are proposing to look after, local authorities have a duty to ascertain the wishes and feelings of the child, his parents, any other person with parental responsibility and any other relevant person. Amendments Nos. 18 and 26 specifically mention family group conferencing. The evidence that we have is that it can have a positive effect. I echo the remarks made by the noble Baronesses, Lady Howarth and Lady Murphy, that it needs to be used in a sensitive and skilful manner, and we need to be very careful about new legislative provision in this area. Page 33 of the White Paper Care Matters showcases a very good example of how a family group conference has been used to generate a preventative package to enable a very vulnerable young girl to stay at home. Noble Lords who have experience in this area will be able to supplement that. A family group conference is a complex service to provide and it requires high levels of skill and competence. For that reason, we announced in the Care Matters White Paper that we would fund a programme of regional training events to equip managers and practitioners with the necessary skills to develop and sustain the family group conference model. I say to the noble Earl, Lord Listowel, that of course that integrally involves social workers. This follows a successful national conference in November 2006. We have also responded to concerns from stakeholders that there is a lack of skill and knowledge available in the field to deliver effective family group conference services. In November 2006, a toolkit funded by my department was published, aimed both at supporting existing family group conference projects to sustain the projects and to assist new agencies to set up a service where none currently exists. In December 2006, we also funded the publication of a family group conferencing reader, containing a wide range of essays on research, policy and practice perspectives. That is available to practitioners in the field. The potential benefits of family group conferencing are highlighted in Working Together to Safeguard Children, published in 2006, which is the statutory guidance to be followed by all agencies where there are concerns about a child’s safety. The guidance states at paragraph 10.2: "““Family group conferences may be appropriate in a number of contexts where there is a plan or decision to be made … for example, for children in need, in a range of circumstances where a plan is required for the child’s future welfare””." We also intend to include a reference to family group conferences in the revised statutory guidance on the Children Act court orders to be published this month. The revised guidance will set out a ““gateway approach”” to decision-making for children, which ensures that family and friends care is considered at each stage in the process. On Amendment No. 27 and the remarks made by the noble Baronesses, Lady Sharp and Lady Meacher, the courts do not have the power that the amendment suggests to order intensive family therapy or the provision of any other specific services. Furthermore, it is not clear whether it is envisaged under the amendment that those services should be provided to children who are looked after to enable a speedy return home, or to children on the edge of care to avoid looked-after status, or both. However, the Government entirely share the concern expressed by Members of the Committee regarding the provision of services that are culturally sensitive. As part of our implementation of the Care Matters White Paper, we will be encouraging local authorities to analyse and manage their care populations more proactively, which will include an understanding of the racial and cultural profile of children in need in their area, as well as the differing needs of long and short stayers in the care system. That should enable local authorities to take a more sophisticated approach to commissioning services, ensuring a better match between the range of services offered and the cultural profile of the local population. The noble Earl, Lord Listowel, asked whether the outcomes for children placed with family and friends are better than those placed with strangers to the family. I am told that the evidence shows that disruption rates are broadly similar between family and friends foster placements and those foster placements made with strangers. Family and friends carers receive considerably less support, and children tend to speak positively about being with the wider family, so that context has to be taken into account when taking decisions. We recognise that in respect of arrangements instigated by local authorities with family and friends the practice varies and, in response to the point made by the noble Baroness, Lady Sharp, and the noble Earl, it probably varies too much. Care Matters sets out our commitment to establish a more consistent approach to considering extended family and friends carers at every stage. The noble Baroness, Lady Howarth, asked whether the children ““in need”” definition in Section 17 of the Children Act was adequate. I will reflect on her points, but we believe that it is adequate. It provides a definition of children in need that makes it clear that local authorities should intervene where necessary if a child is unlikely to achieve or maintain a reasonable standard of health and development, or where the child is at risk of suffering a significant impairment without the provision of services. The noble Lord, Lord Elystan-Morgan, referred to funding. I have responsibility only for the situation in England, so I have immediately to hand only the statistics for England. Spending on children’s social care in England has increased from £2.1 billion in 1996 to £5 billion in 2007, which is a real terms increase of 88 per cent in 10 years. There has been a substantial increase in resources available to local authorities. There is always the issue of trade-offs that local authorities must consider, but they are doing so in the context of a significantly enhanced resource. The White Paper Care Matters is being funded in England to the tune of £300 million over a four-year period. I cannot speak for the position either generally in Wales or specifically for Cardiganshire, but the grants made available to Wales as a whole will have increased in line with those for England. In respect of the Cassel hospital at Ham in Surrey, to which the noble and learned Baroness referred, I am informed that it has seen a significant reduction in referrals to its family unit following the case of RG, which the noble and learned Baroness could probably tell us more about than I can. The funding issues are a matter for the Department of Health, but I will write to Members of the Committee to set out the department’s view. I hope that I have been able to deal with most of the issues raised.