New Clause 12 - Repayment of financial assistance: right of appeal
Childcare Bill
6:30 pm
Maria Eagle (Parliamentary Under-Secretary (Children and Families), Department for Education and Skills; Liverpool, Garston, Labour)
He did not, which disappoints me, given his previous strictures. None the less, we discussed setting up separate appeals processes for providers when we dealt with similar amendments on the English clauses.New clause 12 is slightly different from his previous amendments, but the same arguments still apply. Welsh local authorities are already working with child care providers in the private, voluntary and maintained sectors, and they will need to build on the relationships that they have developed to fulfil the duty to provide sufficient child care. That means more, not less, co-operation. We do not really want there to be fights, wars, territorial disagreements or any other military symbolism.
I appreciate that providers should be able to seek redress if they believe that the local authority has not acted properly. In the first instance, of course, one would expect them to sort out their differences with the local authority as amicably as possible. Providers who have had contractual arrangements with local authorities will have recourse through the courts if they want to challenge a local authority’s demands to repay funding, but it is important that the authorities have the power to require funding to be repaid to ensure that they can get value for money. The power is a lever for value for money in contractual arrangements with providers who are not maintained providers.
Providers always have the option of complaining to the public services ombudsman for Wales if they are not happy with the local authority’s response to their complaint. Depending on the circumstances, they can also always take action through the courts by way of judicial review if they believe that the local authority has acted illegally or irrationally.
Given those safeguards, it would an inefficient use of funds to require the Welsh Assembly to set up an entire tribunal system to consider such complaints, and I hope that the hon. Gentleman will consider withdrawing the motion.