My Lords, I thank the noble Baronesses, Lady Pitkeathley and Lady Lister, for tabling these amendments and for sharing their significant expertise on the issues concerning carers.
Following the debate in Grand Committee, I was pleased to be able to meet the noble Baroness, Lady Pitkeathley, and my noble friend Lady Tyler just before the Christmas Recess to discuss their concerns further. Since then, there has been a very productive series of meetings between my officials and representatives of parent carers and local authorities to discuss the evidence and options for reform. As the noble Baroness, Lady Pitkeathley, said, she and I also had a further meeting last week with my noble friend Lady Tyler and representatives of parent carers. The meeting was extremely informative and moving and I would like to thank Caroline, Sarah and Sherann for taking the time to share their experiences with me and officials.
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We cannot underestimate the contribution parent carers make. I recognise that many parent carers of disabled children face particular challenges and we
must do all we can to provide them with the support they need. Putting parents and families in control is at the centre of the SEN reforms we have discussed extensively in your Lordships’ House over the last few months. Without parents and parent carer forums the new system will not deliver for children and young people in the way we hope. I recognise that and know that we must support them just as they support their families.
The noble Baroness, Lady Lister, quoted some words of mine in Committee. Before I go further, I want to apologise for any offence inadvertently caused in Committee in my response to the amendments in the name of the noble Baroness, Lady Pitkeathley. I said in my response:
“Recent serious case reviews … have shown starkly what can happen when the needs of parents are put ahead of those of the child”,
and that we must avoid any changes that,
“risk the needs of the children becoming second to those of their parent”.—[Official Report, 20/11/13; col. GC 479.]
I said this because parents and disabled children receive support and are assessed under the same legislation as other children in need and their families. That of course does not mean that we equate such parents with those who have harmed their children and I apologise if anything I said suggested that this might be the case.
However, the principle that the needs of the child are paramount is essential in Section 17 of the Children Act 1989. We must not do anything that confuses that principle for any child, but in assessing a child’s needs social workers are required to look at the needs of their family. An assessment under Section 17 of the Children Act 1989 should look at parental capacity to cope and the services which can be offered to parent carers, and should lead to that support. Just as it should under the Care Bill for adults caring for adults, such support might include: respite in temporary foster care for the child, direct payments, or access to support from a local carers’ centre.
Parent carers have told me that sometimes their needs are not assessed or the support is not being offered. It is clear that in many areas existing legislation is not being implemented as effectively as it should be and there is a need for greater clarity about the rights of parent carers and the ways they can be supported. I have also spoken with the Chief Social Worker for children, who has emphasised the support that should be provided to parent carers under the existing legislative framework provided by the Children Act 1989.
Following the recent discussions with representatives of parent carers and local authorities, I recognise a strong case has been made for consolidating existing legislation on parent carers into the Children Act 1989. Putting all the relevant legislation in one place may help to ensure parent carers are better able to understand it and local practitioners are able to implement it effectively. We have also heard powerful arguments in favour of streamlining the legislation to take a more consistent approach, for example by removing the requirement that the carer must be providing, or intending to provide,
“a substantial amount of care on a regular basis”,
in order to be assessed.
I welcome the intent behind the noble Baroness’s amendment. I also recognise there is work to do to ensure that guidance sets out clearly the legislative framework and how services should work together to support families. My officials will be working with representatives of parent carers and local authorities to consider changes to statutory guidance that are needed. We have listened carefully to the arguments being advanced by all those involved, including parent carers themselves. In the light of this and pending ongoing discussions with noble Lords and parent carer representatives, I wish to bring forward an amendment at Third Reading. In view of these ongoing discussions and my undertaking, I hope the noble Baroness feels able to withdraw her amendment.