New Clause 6

Part of Children and Young Persons Bill [Lords] – in a Public Bill Committee am 10:00 am ar 3 Gorffennaf 2008.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Lynda Waltho Lynda Waltho PPS (Rt Hon David Hanson, Minister of State), Ministry of Justice 10:00, 3 Gorffennaf 2008

Indeed, there are schools and residential homes that will not accept children unless they have looked-after status. The work done at Sunfield school in the Constituency of the hon. Member for Bromsgrove—it  actually has a Stourbridge address, so I feel that it is partly in my constituency too—is absolutely fantastic. It is run by Barry Carpenter and his staff, and it will not accept children without looked-after status. It is so vital that that status is conferred on these children.

Furthermore, conferring looked-after status will improve the transition of these children to adult services; that is something that the hon. Member for East Worthing and Shoreham did not mention. It makes that transition much smoother because, of course, the child is known to the authorities and these children are most likely to have continuing needs.

Recent Ministerial Statements made in the other place are to be welcomed and they show a movement towards this position of conferring looked-after status, indicating, I hope, that the Government agree broadly that most disabled children in long-term placements, where the local authority has been involved, should really be looked after. However, there is a great deal of confusion around this issue. Local authorities, residential placements and the Government’s own research in 2005 indicate that current guidance is sometimes disregarded.

The Every Disabled Child Matters campaign group and its partners are keen to see the Bill amended to reflect the Government’s move to this position. Such an Amendment would send the clearest signal possible to local authorities that they should actively be considering conferring looked-after status in these cases.

I know that the Minister is likely to tell me that guidance already exists and that it is possible to strengthen the regulations. However, as we have already heard, there is evidence that the guidance is confusing, so why not take the opportunity now of amending the Bill effectively while we have the chance to do so, which would send out a strong signal?

I know that the ministerial team has also been looking at providing additional protection for these children by strengthening the visiting regime, but why should we set up a parallel system when we could offer what is really the gold standard of protection for our most vulnerable children and do so now? To suggest an alternative way forward borders on possibly relegating such children to second-class status, and that would not give them the support that looked-after status would. If there is a visiting regime, what status would it have? Would the people in that regime be students, or people unused to, for example, the profound problems and behaviours of a young person with severe autism?

I will briefly mention two case studies. Both children attended Summerfield school, which I have previously referred to. James did not have looked-after status but he should have had it. He had a severe learning disability, but his family was told by the local authority that it was not necessary for him to be looked after. He had no care plan and no formal arrangements to review his placement, except an annual education review. That meeting reviews his statement and his educational needs but not his overall well-being, and that is the important point. His mother has full parental responsibility but does not benefit from any support or assistance from the local authority. James did not have a named social worker. His mother has three other children and is a single parent. She has no car and can only afford to visit him, using public transport, maybe three or four times a year. She is not legally entitled to any assistance.

Adam, on the other hand, has a severe learning disability but is being looked after by his local authority. The local authority and his mother share parental responsibility. Adam has a care plan through which his needs are reviewed within school and on a wider basis. He has regular visits from a named social worker and a review twice a year that is chaired by an independent reviewing officer. Adam’s care plan provides for regular contact to see his mother and transport is paid for by the local authority.

To sum up, looked-after status is about safeguarding planning, target setting and monitoring for our most vulnerable children. For too long, there has been too much confusion from local authorities in this area. This is the time to end the confusion and send the clearest message possible. This is a crucial chance to put the situation right for the first time and create a clear duty that gives disabled children living away from home the same rights to support and protection as their non-disabled peers. I urge the Minister to grasp this chance and actively consider this proposal.

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