Contribution
My Lords, I will speak to Amendment 30 in my name and that of my noble friend Lady O’Neill of Bexley, and to Amendment 37 in my name. Amendment 30 goes to the heart of one of the three major concerns expressed to me by several directors of children’s services. I wonder whether, with the Minister’s permission, we could park what feels like a false argument that is developing about whether directors of children’s services support the aims of these reforms. I think they are all supportive; certainly all those I spoke to—I cannot speak for others—were supportive of the aims. The concerns that we are trying to flag are that they are worried about implementation. I worry that the Minister is not seeing the whole picture, which may be something that she wants to explore further outside the Chamber.
It is not just about those private conversations. Perhaps in gentler terms, the Local Government Association and the ADCS have highlighted concerns about the degree of discretion that local authorities will have in how they implement the new multi-agency child protection arrangements. My amendment would remove some of the prescription in the Bill around membership.
Also, I commend to all your Lordships who are interested in this area the department’s cunningly titled Families First Partnership Programme Guide, because it very firmly states that it is not guidance but—trust me—when you read it and it keeps saying that it is going to set “delivery expectations”, it feels a lot like guidance. That document is prescriptive. In closing the previous group, the Minister talked about flexibility, learning and so on, but that programme guide does not feel very flexible. It says that you must have lead child protection practitioner roles and that, in many cases, independent chairs of child protection case conferences will be removed. It gives an overview of the reform across the whole system.
I can speak only personally, and it may be that I woke up a bit late to some of the problems with Clause 3, but this is whole-system reform. The Minister rightly referred to the document published in November; there is also this document, which was published in March, and there have been a number of others. The Committee needs to think about it in the round, even if only parts of it are in the Bill. The programme guide gives a very tight timescale for directors of children’s services to implement these changes and it is very clear in its expectations about how the additional funding should be spent. I am sure that the Minister is advised to talk about flexibility but, if I were a director of children’s services, it would not feel very flexible from reading the document.
The concerns we have heard would, I hope, be addressed by my amendment, but the spirit of my amendment goes wider in its aim to align autonomy and accountability. Local authorities will ultimately be held responsible for the effectiveness of the multi-agency child protection teams—in part, for some of the reasons that the noble Lord, Lord Hogan-Howe, who is no longer in his place, expressed in his remarks earlier. With that responsibility, surely more discretion over implementation should be permitted. Could the Minister address that point in her closing remarks?
As I mentioned, the worries I have heard come from some of the details that are set out in what I am now going to call the FFPPG—only those in this Committee will know what that means—which risk disrupting the finely balanced approach that currently exists in the best local authorities between early help and targeted support, under Sections 17 and 47. They also risk adding cost, with the need for additional lead child protection social workers for the separate multi-agency child protection arrangements—where are those social workers going to come from, and how will they be funded? They risk losing the critical fresh pair of eyes that an independent child protection case conference chair currently provides. It is obviously important, as we have seen in many cases, to have that independence, from someone who is experienced and can think again about the risks that remain to a child. Those families in child protection arrangements will now have two social workers, with all the resource and case management implications that brings, and indeed the risk that the family play one social worker off against another.
As my noble friend Lady Berridge said, rather than focusing on the cultural and organisational issues that make all the difference in the quality of social work, the Government seem to be focusing on process. There is a risk of adding complexity, and there is no question that it adds cost. Again, I would be grateful if the Minister could explain why. It has been said, but it deserves saying again, that there are real concerns that there is not a sufficient evidence base for this. I will cover that a bit more in the following group.
Amendment 37, in my name, would require the Secretary of State to produce a report on the impact of the multi-agency child protection teams. This would work well if, first, the Government publish the evaluation of the pathfinder sites—the Minister has committed that that will happen—and, secondly, address any practical issues arising. As she said, and I agree completely, the whole point of a pathfinder is to find out what works in practice and what does not. The timeline in the programme guide says March 2025 for 12 months; local authorities are expected to have implemented the changes needed in their teams to start these reforms by spring next year. I do not know how we can address practical issues and expect local authorities to do that transformation work with no further visibility on funding at the same time.
Thirdly, it would make sense that the Government agree with some version of my Amendment 30, so that there is some discretion for a director of children’s services in, say, Cumbria to implement these arrangements slightly differently from one in, say, Hackney. There will be variation in approach, and it is responsible and, I would argue, useful for the Secretary of State to report on this, so that we reinforce a culture of learning across the sector and support local authorities to evolve the model based on effective practice. I look forward to the Minister’s reply. I beg to move.