Children and Young Persons Bill [HL]

There is no disagreement whatever between the noble Baroness and me. The issue is whether existing legislation achieves the objective that she has set out, and we believe that it does. Section 119(1) of the Education and Inspections Act 2006, read with Section 117(2), sets out the factors to which the chief inspector must have regard in performing her functions. The first item on the list is, "““the need to safeguard and promote the rights and welfare of children””." This is a core responsibility of Ofsted and of the chief inspector, and it applies to all the inspection functions carried out by Ofsted, including those mentioned by the noble Baroness. Children’s homes, which the noble Baroness mentioned, are inspected twice a year. The duties of the chief inspector are as I have set out and the chief inspector has a power to inspect more frequently if she has reasons for concern. In addition, the existing national minimum standards for fostering services, against which fostering services are inspected, already provide a clear framework for safeguarding and promoting the welfare of looked-after children placed with foster carers. Section 4 of those standards focuses specifically on ““securing and promoting welfare”” and includes detailed standards related, for example, to protecting children from abuse and neglect, promoting their development and health and promoting their educational achievement. Similarly, Section 2 of the national minimum standards for adoption agencies focuses on, "““securing and promoting children’s welfare””," related, for example, to ensuring that children are placed with suitable and approved adopters who can best meet their needs and keep them safe. Ofsted, with other inspectorates, also inspects how services for looked-after children contribute to their well-being when undertaking joint area reviews under Section 20 of the Children Act 2004. After the programme of joint area reviews ends in 2008, the Government will continue to inspect services for looked-after children at local authority area level, under arrangements for comprehensive area assessment set out in the October 2006 local government White Paper Strong and Prosperous Communities. We take the view therefore that the existing duties of the chief inspector meet the concerns raised by the noble Baroness.