My Lords, I am responsible for Amendment 9 in this group. I had the honour of introducing the Bill that ultimately became the Children Act 1989, and I am glad that it has survived since then. Although it has been subject to improvements as time has gone on, the main structure of that Bill has lasted well. Ever since, I have been concerned about the progress of the care system. I have felt sad when it has been shown to have failed in various ways.
One of the important points made by the noble Lord, Lord Judd, earlier was that a good family promotes very close relationships between the parents and the children. Sadly, those who come into care are normally without that provision, and it is the task of the care system to provide for it, as far as possible. One aspect that has troubled me—and those with more hands-on experience of the system than I—is that when a child is in residential care, the people looking after the child change often, and often suddenly. The result is that it is very difficult for the child to build up a relationship with any particular person who has responsibility for their immediate care. As we heard from the noble Earl, in a foster care relationship a very good relationship is often built up, which should be protected thereafter, as far as possible. That is the purpose of Amendment 2. My amendment is related to that, and it is therefore appropriate that they be dealt with together.
I moved a similar amendment in Committee, but I found the Minister’s response somewhat disappointing. I thought he had not quite understood what I was trying to get at—no doubt that was entirely my fault—so I arranged for a meeting with the Bill team to discuss
my amendment, and a very full meeting we had. Incidentally, in relation to what is now Clause 29, I proposed a redrafting which I thought would deal with a good many of the objections raised to it in Committee. I am not sure whether that was brought to the Minister’s attention, but in raising it with the Bill team I obviously intended that it should—but that is not for today.
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I had a very satisfactory letter back from the Bill team, and I shall put some of it on record:
“Given that our discussion focused in particular on the need for children in residential care to build relationships with a trusted carer in order to promote their wellbeing, I thought you would also appreciate being sent the link to the Guide to Children’s Homes Regulations, including the quality standards”.
Needless to say, I found that extremely useful. It points out that these do not require the registered person of the home to ensure that there will be a relationship with a particular child. The standards do not require a primary carer to be allocated to each child in the home. Practice is for children to be allocated a key worker who will be the primary person responsible for their well-being. I ask that the Government should recognise the importance of that in the legislation. It seems to be the practice.
I have to say that the Minister’s account of the practice in relation to people responsible for children—the officer who is supposed to have regard to his or her well-being outside the immediate care home—was important. However, I noticed that Barnado’s report published during the Recess, in August, pointed out that some 97% of children in care do not in fact have such a person. That suggests to me that the Department for Education has possibly not got a full account of what goes on in children’s homes.
In any event, I think that this response recognises that the practice is to have a particular carer allocated to the child. If that happens and is consistently carried out, the link is likely to arise that may be of extreme value in the emotional well-being and stability of the child, as it is very difficult if these people change completely every so often without any continuity. That is what I want to achieve and I am glad the noble Lord, Lord Warner, has found it possible to put his name to this amendment.