Clause 11 - Functions and procedure of LSCBs
Children Bill [Lords]
3:45 pm
Mrs Margaret Hodge (Minister of State (Children), Department for Education and Skills; Barking, Labour)
We have tabled amendments to rectify the position, which limits our ability to represent our constituents properly. I passionately believe that we have failed to look after children in a whole range of ways. We will not have a great discourse on that today, although we may later in our proceedings. The amendment is not necessarily the correct mechanism for getting things right, but all of us, collectively in society, have failed the most vulnerable children, for whom we are the corporate parent. We must do better. To do otherwise is not good enough for our children.
I share the concerns of the hon. Member for Epping Forest about the importance of the family—again, we discussed that in a previous Committee sitting—but the amendment is unnecessary. We all acknowledge the primary role of parents in safeguarding and promoting the welfare of children. The principle that a child's family must be taken into account when decisions are made about safeguarding that child and promoting his or her welfare—for the vast majority of children, living with their families is the best way of doing that—is clearly established. It will be a clear consideration for all the LSCBs involved in safeguarding children and promoting their welfare. It does not need to be specified in legislation.
In the Children Act 1989, there is a duty on local authorities to
''safeguard and promote the welfare of children within their area who are in need; and, so far as is consistent with that duty, to promote the upbringing of such children by their families.''
That enshrines in legislation the principle that, as a general rule, children are best off living with their families, and ensures that local authorities are required to support that principle unless their duty to safeguard is inconsistent with the child's remaining with the family. We already have guidance that sets out the practice that arises from that principle, and instructs agencies to consider the parents' capacity to provide care and the environment in which care is provided. That guidance is included in the framework for the assessment of children in need and their families.
We accepted representations made in another place that parents were not sufficiently mentioned in the Bill and that their role was not sufficiently highlighted, and we made the amendment to clause 7, which I hope satisfies the hon. Lady's desire. It might give her further comfort to know that we will reiterate those
messages in the guidance that we issue on LSCBs under clause 13. We will make it clear that the views of service users—children, young people, and their parents, carers and families—should be taken into account in developing services and strategies for safeguarding and promoting the welfare of children in the local area.