Children and Young Persons Bill [Lords]

We have heard a lot about this large and varied group of amendments. To respond to all the points will be quite a challenge, but I will do my best. As I said earlier, the amendments relate to three different groups of children, including those children placed in accommodation arranged under the health and education legislation. At the outset, I explained the package of measures that the Government are taking, including through amendments, to improve services for that vulnerable group. As I said, that package was developed with the Every Disabled Child Matters campaign, which has welcomed the Government's approach. When we were discussing those amendments, the hon. Member for Mid-Dorset and North Poole (Annette Brooke) had a question about the notification of placements made by health and education bodies and how we were going to ensure that that happened properly. New guidance relating to that provision will set out the expectations on the authorities when children are placed outside their own responsible authority. The hon. Lady is right that we need to ensure that local authorities are aware of their new duties and that they happen on the ground. I look forward to working on the implementation plan because legislation is just the guidance and the start of improving practice on the ground. Both the hon. Lady and the hon. Member for East Worthing and Shoreham (Tim Loughton) asked questions about visits by social workers. The hon. Lady asked whether the visits would be conducted by a qualified social worker with experience of working with disabled children. We want to ensure that those visitors have the right skills and experience to provide the support that children need. That is why the Bill lists a requirement that local authorities satisfy themselves that the individual who makes the visit has the necessary skills and experience. It is our policy intention that it should be qualified social workers who carry out those visits, but we accept that there may be circumstances where that is not possible, so we do not want to introduce regulations with which we know that local authorities will be unable to comply. That is an issue for guidance and I commit to consult interested parties before we finalise it. My hon. Friend the Member for Blackpool, North and Fleetwood (Mrs. Humble) also wanted the role of the visitor to be fleshed out, and I hope I can satisfy her that we will be able to do that in the guidance. The hon. Member for East Worthing and Shoreham spoke about the availability of professionals and the shortage of social workers and asked what we were going to do about that. We have commissioned the Children's Workforce Development Council to address a number of measures that we hope will enable us to recruit social workers faster and to hold on to those we have. On looked-after children and those living with family, friends and carers, the proposed amendments try to tackle issues of practice. I understand the concerns but I want to demonstrate that we plan to address them at a more practical level. I should also like to remind hon. Members that much of what is asked for in the amendments is already in the Bill. Amendment No. 13 relates to placement stability, which is essential if looked-after children are to thrive and achieve. It is particularly important that we minimise disruptions through the two years of key stage 4, especially if they also lead to changes of school. Most children who are looked after for more than a year stay in the same placement. However, we want to increase the proportion of children in long-term stable care placements because we know that these lead to the best outcomes. We also want to reduce further the minority of looked-after children who have more than three placements each year. Both of the measures are part of the national indicator set for local authorities. Clause 9 sets out the key considerations in determining the most appropriate placement for the child and includes the specific requirement that the local authority must ensure, so far as is reasonably practical, in all circumstances of the case that the placement does not disrupt the child's educational training at any stage in the child's educational career. The provision goes much further than the proposed amendment as it is not limited to disruption in year 11. We are also taking powers to make regulations to require a local authority to take prescribed steps before making any decision concerning a child's placement if he or she is at key stage 4, which includes years 10 and 11. We will use the power to require a full statutory review of the child's care plan whenever any unplanned change is proposed that would have the effect of disrupting their education, including consultation with the designated teacher at those schools. We will also make it clear in the new statutory guidance to independent reviewing officers that part of their new role will be to provide a real challenge to social workers' placement decisions, including changes of placement, to ensure that they are made in the child's best interests and that the child has been properly involved in the decision. However, we must ensure that the target of no more than three placements in one year does not create perverse incentives. The absence of placement breakdown does not automatically mean that the child is happy and in the best placement. It may be important for some children to be moved into a short-term treatment programme as a means to enabling them to find permanence in the future. For other children, a placement move may be about a trial return home to parents while on a care order. Finally, placement changes are already required to be recorded within the child's care plan. I do not accept that the requirement for a written explanation of placement moves as proposed in the amendment will add anything to the current requirements. Amendment No. 14 is on a similar theme, as it seeks to increase the availability of foster care placements by ensuring that children's services are working with their colleagues in housing services to develop a strategy to maximise the availability. Many hon. Members spoke about that link. A potential benefit of an authority having sufficient foster placements would be a reduced risk of needing to disrupt educational training. Local authorities need to think strategically about the need for placements in their area and how best to address any shortages. That is why we have included clause 10, which places a new general duty on local authorities to take steps to secure, so far as reasonably practical, sufficient accommodation within their area that meets the needs of the children they look after. Let me take this opportunity to put on record that the duty to secure sufficient accommodation applies to children's homes, foster care placements and other arrangements, such as supported lodgings and semi-independent accommodation, an issue raised by my hon. Friend the Member for Mitcham and Morden (Siobhain McDongah). In order to discharge this new duty, local authorities will have to, among other things, conduct assessments of local need, both existing and potential, and establish the extent to which those needs can be met through existing placements. They must then take action to address shortages of any particular type of accommodation in their area. My hon. Friend also raised an issue about disabled facilities grants, and the child health strategy, which we will publish shortly, will recognise the importance of joint working and ensuring disabled facilities grants are seen as part of the overall resources for children, and not just in a housing department silo.