My Lords, I shall speak against Clause 15 and support the arguments of the noble Lords, Lord Watson, Lord Warner and Lord Ramsbotham. Clause 15 allows local authorities to be exempted from certain legal requirements and regulations and to test different ways of working. It is important, however, that they do not dilute accountabilities, fragment responsibilities and create a two-tier system of quality and standards. All vulnerable children deserve the same level of care.
Clause 15(3) says:
“The Secretary of State may make regulations under this section relating to a local authority in England only if asked to do so by that authority”.
My view is that it should not simply be at the whim of a local authority and that certain tests should need to be fulfilled to justify it, not least that the exemption should promote better outcomes and more efficient working. It should be clear that inadequate local authorities cannot be exempted from regulations that are crucial for upholding quality standards across the country. Clause 15(4) says:
“Regulations under this section may be made in relation to one or more local authorities in England”.
I seek assurance that the Secretary of State will not use the power under this clause to apply a request from one local authority seeking freedom under subsection (3) to apply it to more than one local authority under subsection (4).
In addition, I believe that statutory social work is best placed within local government, where there are established frameworks for oversight and monitoring. These clauses should not challenge the ultimate legal responsibility of local authorities to safeguard children. We need to avoid greater fragmentation of provision, any blurring and dilution of accountabilities, and any increased risk arising from more multiple hand-offs between disparate organisations. The experience of the NHS is salutary in this context: it is now imposing middle-tier planning arrangements to secure more effective joint working in a fragmented sector.
I am concerned that this clause could create an inconsistent national arena for the delivery of statutory social work duties, which could lead to confusion and a greater divide of practice. For children’s social work to run well, it has to uphold partnerships with a broad range of agencies: schools, police, health services—commissioners and providers—and the local voluntary sector. Local councils are best placed to perform that function.
I note that Scotland has required independent fostering arrangements to be not for profit; that approach could be explored in England. Recent research from Corporate Watch shows that in 2014-15, eight commercial fostering agencies made around £41 million profit between them from providing fostering placements to local authorities, at a time when local authorities have had to make significant budget reductions. Surely that profit could have been used to protect looked-after children.