Baroness in Waiting/Government Whip (Baroness Blake of Leeds) (Lab)

My Lords, I turn to the first group of amendments to this important Bill on Report. I thank noble Lords for their contributions. I start with a message of reassurance that this Government are committed to hearing from and listening to children about what matters to them most. It is for this very reason that we have laid government Amendment 4 to Clause 1, on family group decision-making. The amendment requires local authorities to seek the wishes and feelings of the child, as opposed to their views, as was in the original drafting, and to give due consideration to those wishes and feelings in exercising their functions under this clause. The noble and right reverend Lord, Lord Sentamu, is absolutely right about the importance of the child in these proceedings and the need to make sure that they are included wherever it is appropriate. That includes ascertaining the wishes and feelings of very young children, non-verbal children, and children who may lack capacity and are not able to express their views. This is a complex area that requires the expertise that we have referred to. In making this requirement, the amendment strengthens the requirement on local authorities to hear and give weight to children’s voices, without changing the overall effect of the clause. The noble Lord, Lord Storey, is absolutely right. From experience, these situations often come out of a state of crisis, where extended family members might not have been expecting the difficulties that were going to come up. It is crucial that there is clarity. As we all know, relationships and families are complex, and we need to do everything that we can. Evidence shows that engaging family networks through the use of family group decision-making meetings can reduce applications for court proceedings and divert children from entering the care system, improving the outcomes for children and their families. It is important to keep that at the front of our deliberations. I turn to Amendments 1 and 2, tabled by the noble Baroness, Lady Barran. I completely appreciate the noble Baroness’s desire to ensure that the term “family group decision-making” is well understood and that families are offered evidence-based support. However, given that the family group conference model is one of family group decision-making, we believe that including both as distinct terms in legislation risks creating confusion and undermining the clarity that the noble Baroness is seeking. We do not believe that prescribing a particular model in primary legislation is necessary. Likewise, the term “evidence-based approach” could be interpreted differently and including it could create confusion for local authorities if it is not defined in the clause. Instead, as my honourable friend the Minister for Children and Families set out to Peers in a round table on this issue on 11 November, we will set out clear principles in statutory guidance that are informed—this is the crucial bit—by the evidence-based family group conference model. The latest estimates we have are that 80% of authorities already use this model. We will make it clear in national statutory guidance that we expect local authorities to consider using this model, and we will direct local authorities towards the strong evidence base for it. The noble Baroness, Lady Evans, talked about evidence repeatedly, so I hope that this addresses her concern. I assure the noble Baroness, Lady Barran, that there is no attempt at dilution here. We want to make sure that we stick to the evidence-informed model all the way through the process. It is an incredibly powerful means of bringing people together and we want to make sure that we use every skill that exists out there to get the very best outcomes for children and their families. Our intention is to avoid tying local authorities to a single model in legislation, as mandating one approach risks stifling innovation and limiting professional judgment. Local authorities have been clear that flexibility in primary legislation is essential to design services that meet local needs and family circumstances. We have already published the Families First Partnership (FFP) Programme Guide, which sets out clear principles informed by the evidence-based family group conference model. We will continue to embed these principles in updated statutory guidance on pre-proceedings and in the working together guidance, both of which we will publish later this year. Statutory guidance rather than primary legislation is the right place for this. Key organisations and proponents of the family group conference model have contributed to the development of best practice support and resources for local authorities, which we shall also publish later this year. I turn to Amendment 3, also tabled by the noble Baroness, Lady Barran, and supported by the noble Lord, Lord Meston. I share their determination to ensure that children returning home after a period in care receive the right support. Continued breakdowns are heartbreaking and do so much to damage the future life chances of the young people involved, undermining confidence and causing enormous disruption. The noble Lord, Lord Meston, spoke eloquently about the importance of reaching all family, and indeed not just family. Sometimes, extended members of the family circle may be the appropriate people to be involved in this process. Of course, proper preparation is essential. The statutory guidance, Working Together to Safeguard Children, already provides that local authorities should consider family group decision-making when planning for reunification to support the transition from care to home, and we will continue to support this approach. The care planning regulations make it clear that wider family members should be consulted where appropriate, as I have outlined. Through this Bill, the Government are introducing a range of measures to ensure that children leaving care receive the necessary support to improve their outcomes. Although we agree that family group decision-making can be an important part of the reunification process, and are mandating measures to ensure young people get the support they need, we are concerned that introducing a second statutory trigger point to offer family group decision-making risks delaying the reunification process for some families. I re-emphasise that we have commissioned the production of best practice support and resource for local authorities on family group decision-making, which makes clear that family group decision-making should be championed as a tool to support reunification. I am happy to share an embargoed copy with noble Lords to demonstrate our commitment to this approach. Turning to Amendment 5, I recognise that the intention behind the noble Baroness’s amendment is to ensure that children’s welfare needs are prioritised following family group decision-making. I also agree with the noble Lord, Lord Hampton, that we need more carers across the piece—kinship carers and foster carers. We know how vital this is for so many young people across the country. I re-emphasise that local authorities have existing statutory duties to ensure the safety and welfare of children. In addition, Clause 5 will place a duty on local authorities to publish a kinship local offer, setting out the support available to children living in kinship care in the area, cementing the expectation already set out in statutory guidance. This transparency will reduce barriers to obtaining help and ensure that kinship carers receive the practical support they need.