moved Amendment No. 16:
16: Clause 8, page 7, line 41, after ““2004”” insert ““, save that subsection (5) of that section shall apply in all cases””
The noble Baroness said: I shall also speak to Amendment No. 35, which is about the same matter, and to Amendment No. 34.
Amendment No. 34 refers to the delegated responsibility of foster parents. Since our debate in Grand Committee, I have had briefings claiming that, in practice, all is not as the Government think. The fostering plans are not making it clear to foster parents on what they can and cannot decide. Simple decisions still have to go up the line. I have tabled the amendment again to give the Government another opportunity to tell us what they propose to do to ensure that practice follows what they think is happening on the ground.
Amendments Nos. 16 and 35 are about a duty to continue making fee payments to foster carers about whom allegations are being investigated, until such time as the matter has been settled. Since we debated this matter in Committee, I have heard that the Government timescales for the resolution of allegations set out in their Working Together to Safeguard Children guidance are routinely being missed. The emotional strain from the considerable length of time it takes to resolve some of these investigations has huge impact on some foster carers, which, when combined with the withdrawal of their income, can force them out of the valuable work for which they were trained. The amendment would protect foster carers from financial hardship, put pressure on local authorities to speed up the investigations and enable more foster carers to stay in the service once their names have, one hopes, been cleared.
I have had a letter from a support group called FACT—Falsely Accused Carers and Teachers—which points out that a lot of the allegations are not made by the children and not while the child is with the carer. They are made by parents or other interested adults after the child has left care. This affects the unconnected children currently with that foster carer, since they have to be put elsewhere during the investigation. Many of these allegations are false. They come from a very chaotic population who use them to get back at society as a whole, yet it is the unfortunate accused individuals who suffer. While it is vital for the protection of children that all such allegations are properly investigated—I emphasise that—something must be done to speed things up to avoid penalising the innocent.
When doctors, police officers and teachers are accused of unprofessional behaviour, they are suspended on full pay. Foster carers, who are paid very little in the first place, are suspended without pay, which is tantamount to finding them guilty before any conclusion has been reached. In this country you are innocent until proved guilty. It is a principle of justice on which we pride ourselves. Let us ensure that foster carers are also treated as innocent until something other is proved. I beg to move.
Children and Young Persons Bill [HL]
Proceeding contribution from
Baroness Walmsley
(Liberal Democrat)
in the House of Lords on Monday, 17 March 2008.
It occurred during Debate on bills on Children and Young Persons Bill [HL].
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