Clause 8
Children and Young Persons Bill [Lords]
12:15 pm

Tim Loughton (Shadow Minister, Children, Schools and Families; East Worthing and Shoreham, Conservative)
I beg to move amendment No. 3, in clause 8, page 6, line 4, after ‘England’, insert
‘and persons over 16 years of age but under 22 years of age who have received services under section 23C to 24D of the 1989 Act in the past five years.’.
This amendment is tabled in my name and that of the hon. Member for Upminster, our indefatigable Whip, who, I failed to mention earlier, cannot be with us today as she is busy whipping somebody else somewhere else. She will be bringing her qualities and great knowledge of this subject to us shortly.
This is a probing amendment—it is difficult to get something that is not a probing amendment in respect of parts of certain clauses, but we are trying. It is designed to tease out more about the arrangements whereby the Government clearly recognise the ongoing responsibilities to children who have come out of the care system and to tighten up the terms of the Children (Leaving Care) Act 2000, which was welcome, although too many of our children leaving care still have a tough time. I am sure that the hon. Member for Stafford, who does such an excellent job chairing the parliamentary group on children in and leaving care, will have some comments to make.
The statistics remain alarming. Nearly half of all the young people in the care system will leave it at 16 or 17, compared with an average “flying the nest” age for children living with their families of 23 or 24. Those children are leaving the shelter of the care system—albeit it is still inadequate and some of the outcomes are still woefully poor—at a sensitive, fragile period in their lives. At 16 or 17 they may be leaving school, going through important exams or, hopefully, going on to higher education or training of some sort. They may face the problems of leaving the support mechanism that the care system has provided for many of them and getting appropriate housing and accommodation, let alone moving on to a job. I know that the Government recognise that and that the thrust of the 2000 Act was to achieve greater support after children leave the care system.
The amendment is intended to place the duty for promoting the well-being of children on those who have been responsible for them in the care system during the previous five years. We need to achieve greater flexibility. There is a black and white situation in respect of children in care in the UK: they are either in care or with a family. I mentioned earlier the number of children who come into the care system on a shorter-term basis and return to their families, but many children in care are completely cut off from family background and family members.
About 18 months ago, I visited Denmark with colleagues; we also went to Helsinki. There is much greater flexibility in the systems there. While in Denmark, we visited an impressive care home outside Copenhagen. Proportionately, many more children in the care system there are in residential homes. Adoption is virtually non-existent—only 20 children had been adopted in the previous year in Denmark. Although the Danes use fostering, they make far more use of residential children’s homes.
The particularly impressive children’s home that we visited housed children ranging from under 10—I think the youngest was 7 or 8—right up to 22, which is an enormous range of ages. They were looked after by fantastic pedagogue social workers from whom, as was said on Second Reading, we in this country have a lot to learn. Those social workers develop a great empathy with the children and are seen as friends and confidantes as well as being the children’s guardians. The children there are not encapsulated in a children’s home and cut off from the outside world. Each week, there is a dinner evening to which relatives are invited—perhaps the birth parents or other members of the extended family—to spend as normal a meal time as possible with the child or other residents of the children’s home. The children may spend weekends back at home or with an extended family member. There is a degree of flexibility.
If a child has to be taken out of the home environment, that need not be the be-all and end-all—the beginning of a slippery slope to permanent care proceedings being taken and that child going into long-term fostering or, ultimately, a long-term adoptive placement. We need greater flexibility in our system, which is why the amendment acknowledges, in the spirit of what the Government are trying to achieve in the Bill, that there should be an ongoing duty to promote the well-being of children who been involved in the care system over several years.
Life, particularly for vulnerable children who have endured traumatic conditions, is not a nice, smooth journey. There can be problems at school or in training that result in their failing to get the exam results or training qualifications that they need, so that, all of a sudden, they are faced with an uncertain future and crisis. Another typical problem is the housing that they have been given goes pear-shaped for some reason. Somebody who might have appeared confident at 16 or 17 when leaving the formal care system all of a sudden returns to a rather more chaotic lifestyle and needs support. They need to be able to go back to the social worker who was their support when they were fully in the care system, or to somebody at the local authority, in the housing department or whatever, with whom they can deal on an understanding basis.
The statistics show that within two years of leaving care, of the 6,000 young people who leave care in a year, 3,000 will be unemployed—half of them will not have a job and will lack the stability that might put them back on the road to having some degree of permanency and sustainability in their lifestyle. No fewer than 2,100 will be mothers or pregnant. The propensity of girls leaving the care system either to be mothers already or to become pregnant is deeply alarming. When we simply cast those young girls off without some ongoing monitoring by a social worker or somebody from the local health service, a sexual advice clinic or other agency, we fail them, even though we know they are, for various reasons, far more susceptible to becoming teenage mothers. The Minister has rightly highlighted teenage pregnancies as a major problem: we still have the highest level of teenage pregnancies in western Europe. Of those 6,000 people leaving care each year, 1,200 will be homeless.
These are deeply traumatic times and things do not all go smoothly, but it can be an erratic journey. What we are trying to achieve, which I am sure is what the Government are trying to achieve also—we are just trying to tease out some detail—is that there will be a flexible duty to promote the well-being of children in England after they have formally left the care system, until they are in a position to be able to stand on their own two feet, and that they have some sustainability and continuity in order to do that. That is the purpose of this probing amendment.
I am sure that the Minister will say, “No worries, it is all catered for elsewhere in the Bill,” and I would be delighted to take her at her word, but I would like an assurance that that is the intention behind the legislation. One criticism of the Bill is that it is full of good intentions. It is certainly going in the right direction, but in some areas it lacks the force to produce the delivery, which, as the hon. Member for Mid-Dorset and North Poole said earlier, is crucial. What matters is not how many clauses we pass, how many new structures we set up, or how many people with shiny new titles and nice smart lapel badges we create, but the effect that they will have on the children who desperately need their support. That is what the amendment is trying to achieve.
