UK Parliament / Open data

Apprenticeships, Skills, Children and Learning Bill

I thank the hon. Lady for her intervention, but it is important to appreciate that the Government's argument is that the provision in our new clause is already available, so that rather unpicks her remark. I shall revisit the Minister remarks on what was technically 26 March, although it must have been the morning of 27 March. Basically, she said that the requirement to see the child separately is already embedded in statutory guidance. Although the guidance, entitled "Working Together to Safeguard Children", makes strong statements about the principle of listening to the child, about the parents' needs being subordinate to the child's and so on, it does not require the key social worker to see the child separately from the parents and carers when visiting the home. One would like to think that, if a key worker visited a home and, time after time, was told that the child was asleep or out, alarms would start to ring, and that is what the new clause is all about—ensuring that the alarms ring. The guidance says that section 47—of the Children Act 1989—inquiries should include separate interviews with the child, but those interviews are conducted to discover whether suspicions of significant harm can be substantiated. A section 47 inquiry can run for several weeks, even if the time limits in "Working Together" are adhered to—and in practice, not surprisingly, they may not be. The key worker will probably make a number of home visits during that period, having already conducted the separate interview with the child, as the guidance requires. Regularly seeing the child separately is about not just trying to detect the risk of harm, but developing the key worker's relationship with the child as the client and primary focus of attention. The only time Victoria Climbié was seen alone was in two awkward section 47 interviews, both of which failed to establish the truth. That issue was highlighted by Lord Laming in his post-Climbié report. Helpfully, the Minister stated that the Government are planning to revise "Working Together" and may include in the rewrite the issue of seeing the child separately. However, the matter should be put into statute because it is as central to effective child protection as information sharing, which is in statute. Furthermore, in many cases social workers appear to be neglecting to see the child separately. There are many—often understandable—reasons why that may happen, so social workers need a reminder that is more compelling than a new mention in a lengthy piece of guidance that covers many other issues. The Minister emphasised the powers that local authorities have at their disposal if parents refuse to give the social worker access to the child. That does not affect the need for new clause 20, however; the question of using the powers arises only if the social worker has been blocked from seeing the child separately, and that would not happen unless they had tried to see the child separately. I therefore contend that that new clause is more important than some that are being rushed through today. It would highlight to social workers the key priority of building a genuine relationship with the child, to get a whole understanding. We have all heard about the closeness of relationships that can develop between the parent, carer and social worker. The relationship that I am discussing is all-important. I hope that the Secretary of State will consider the issue. I turn briefly to the other amendments in this group. Personally, I support amendment 15. During consideration of almost all the children's Bills in which I have been involved, I have argued that the United Nations convention on the rights of the child should be embedded in legislation. It would be inconsistent of me not to support the amendment. The issue is so important. As a nation we have signed up to the convention, but we do not fully implement it. I have difficulty in understanding Conservative amendment 54. Clause 187 refers to bodies that are to co-operate for the well-being of children. I welcomed the Bill's extension of the definition of "bodies" to include schools and academies. That is absolutely first class. I am sympathetic with the inclusion of some of the bodies mentioned in the amendment, including short stay schools and Sure Start children's centres. GPs are also mentioned; it will be difficult to impose the measure on them, but personally I think it important that we do. However, also mentioned on the list is""a representative of an extended school provider with authority"." That looks like a bit of careless cutting and pasting. If the phrase had been expressed a little better, it might have fitted into an amendment on children's trust boards. When people criticise amendments that I have written, they usually suggest that they are technically deficient, so it gives me great pleasure to point out that I believe amendment 54 to be technically deficient. I turn to amendment 67; the Secretary of State will no doubt point out that it is technically deficient, as I wrote it. There are to be lots of players on the children's trust boards and everybody will have lots to say. However, where will the buck stop? I fear that there is no clarity on that in the Bill. The amendment suggests that the children's and young people's plan should have sections clearly identified as the responsibility of particular agencies. When there is a joint responsibility, I suggest that a lead agency should be nominated. I appreciate that the amendment may not express those issues in the best way, but I really think that the legislation is deficient. It is not clear that, whatever happens, the director of children's services will be ultimately responsible. Why should they be? As far as I can see, they have only one seat on the board. As the legislation stands, why should it all come back to the director of children's services? The Government need to consider amendments that relate to that issue.
Type
Proceeding contribution
Reference
492 c69-71 
Session
2008-09
Chamber / Committee
House of Commons chamber
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