My Lords, I would like to thank noble Lords for these amendments. I will speak about each one in turn, commencing with
Amendment 33, which would prohibit profit-making in children’s social services functions, and then Amendment 35, which would put a duty on local government to report on several outcomes for vulnerable children and for the Secretary of State to publish an annual report on these outcomes.
I recognise that profit-making in children’s social care is a sensitive issue, and I entirely understand noble Lords’ desire to ensure that legislation is clear on this point. We believe that it is. There is already a clear legislative restriction on the outsourcing of children’s social care functions in the 2014 relevant care functions regulations. There are also restrictions on profit-making by adoption agencies through the fact that the Adoption and Children Act 2002 allows an adoption service to be operated only by a local authority or an organisation that is not carried on for profit. These restrictions as they stand in secondary legislation have exactly the same force as they would in primary legislation. Any attempt to remove them would need to be debated in both Houses. Therefore, although I entirely understand the intention, I do not think it is necessary to move this to primary legislation.
The noble Lord, Lord Warner, referred to the LaingBuisson event—an ideas-generating event exploring new approaches to service delivery. As he said, concerns were raised about profit-making in child protection, and these are reflected in the 2014 regulations to which I have already referred.
I understand, however, that there is some concern about whether Clause 29, the power to test new ways of working, could be used to reopen this matter. I have therefore tabled a government amendment that will explicitly rule out using Clause 29 for profit-making. This was never the intention behind the clause, but by including this amendment I hope to put the point beyond doubt.
On Amendment 35, the Government are committed to understanding what drives successful outcomes for vulnerable children. It is critically important that we collect data from local authorities and others to steer evidence-based and effective policy-making. The Government have already placed a duty on local authorities under Section 83 of the Children Act 1989 to provide information to the Secretary of State on their performance on a wide range of children’s social care functions, including on vulnerable children and care leavers. The Department for Education already publishes annual reports on the outcomes for vulnerable children, including their educational attainment and levels of absence and exclusion from schooling. For looked-after children, we also collect information from local authorities on offending, substance misuse, healthcare, and emotional and behavioural health. For care leavers, we publish information on their accommodation—