Children and Young Persons Bill [HL]

Perhaps I may begin by clarifying the remarks that I made a moment ago in response to the noble Earl, Lord Listowel, about social work practice. After nearly three years in the job, I am still learning the hazards of giving a simple answer to a simple question as a Minister. It is almost always the wrong thing to do. The noble Earl asked me what the statutory arrangements would be for the rollout of social work practices. Perhaps I may give him the fuller response that I should have given earlier. Any statutory instrument made in pursuance of the powers in Part 1 of the Bill, particularly under Clause 4, will be by negative resolution. However, the exercise of powers in Clause 1, under which the Secretary of State can change the nature of functions that can be delegated to a social work practice or the bodies with which a local authority can contract, must be by affirmative order. Therefore, there is proper provision for parliamentary oversight, but the arrangements vary depending on the nature of the powers being invoked. I now move on to the issue of children living away from home and maintaining links with parents, brothers, sisters and others who are important in their lives. Of course, we believe that, where that is conducive to their welfare, it is important that it should take place. Legislation currently provides for it, as does practical guidance and support. If I set out how that is done, perhaps it would meet the concerns raised by noble Lords. Paragraph 15 of Schedule 2 to the Children Act 1989 contains provisions for the promotion of maintenance of contact between child and family. It requires the local authority, "““unless it is not reasonably practicable or consistent with his welfare””," to, "““endeavour to promote contact between the child and … any relative, friend or other person connected with him””." Siblings can also apply for contact orders under Section 34 of the Children Act 1989. The contact requirement is reinforced in the schedule to the Arrangement for Placement of Children (General) Regulations 1991, which requires local authorities to consider arrangements for contact and whether there is any need for changes in the care plan to promote contact that is consistent with the child’s welfare. Contact must also, by regulation, be one of the matters considered at the regular, six-monthly reviews of the child’s case. The accompanying guidance to the Children Act stresses the importance of contact between the child and all those connected with him where it is conducive to his welfare. Section 105 of the Children Act provides a definition of ““relative”” that includes not only brothers and sisters of the full blood, but also half-siblings and those related by marriage or civil partnership. We recognise, however, that practice may often fall short of these legal requirements. It is for precisely this reason that we have ensured that the requirements for contact are reflected in the child’s care plan and placement plan within the integrated children’s system, which provides a conceptual framework and practice tool for undertaking the key processes of assessment, planning, intervention and review for all children in need, including looked-after children. All local authorities in England are required to have in place an ICS system that is compliant with the business requirements issued by my department. Within the ICS care plan and placement information records, practitioners are required to record contact arrangements with siblings, including step-siblings and half-siblings, and the practicalities as to how this will happen. Guidance notes within the records emphasise the importance of this contact. We fully accept the points raised by noble Lords, but we believe that they are provided for in existing arrangements.