Clause 8
Children and Young Persons Bill [Lords]
12:30 pm
Beverley Hughes (Minister of State (Children, Young People and Families; Minister for the North West), Department for Children, Schools and Families; Stretford and Urmston, Labour)
I am sure hon. Members are aware that the journey that we have been on over recent years, which culminated in the spirit within the children’s plan, has crystallised a process of developing a new way of working and looking at the needs of children and young people, putting them at the heart of everything that we are doing. What we want to do in the clause is to take the opportunity to reflect properly in statute the Secretary of State’s policy responsibilities for the well-being of all children in the country. Our intention in doing so is to demonstrate our long-term commitment to improving the lives of children and young people.
When we talked to children, young people and their parents during the children’s plan consultation, they made clear the positive value that they place on the experience of childhood as a whole. They talked about developing play, social and emotional skills and talent, for example, and how our young people can make an important contribution, as well as enhancing opportunities and building foundations for their success.
For many years the Secretary of State has carried out activities for the benefit of children and is already required by the Education Act 1996 to promote their education. The significant developments in policy over recent years under this Government, through the Children Act 2004, the Every Child Matters agenda and, more recently, the establishment of the new Department for Children, Schools and Families, mean that we want the Secretary of State to be able to look more closely at the needs of the whole child, and a wide range of matters affecting children’s lives, their health and their happiness. This is in addition to the educational needs that obviously remain very important.
Therefore, our commitment to children’s well-being recognises these changes to the Secretary of State’s priorities for children and is in line with similar duties on local authorities and, indeed, on schools too. It also reflects the Secretary of State’s general policy responsibilities in a manner that complements—I will explain this point in a moment—the operational responsibilities of local children’s services and brings a consistent focus on children’s outcomes at every level in the system.
We have considered carefully how this new provision will impact on care leavers. First, all relevant children who are 16 or 17 are children for the purposes of this provision and the Secretary of State will have the same duties to promote their well-being as he does to all other children. We also recognise that the Secretary of State’s responsibilities clearly extend beyond children to include some groups of particularly vulnerable young adults, such as former relevant children—that is, care leavers who are over 18. Therefore I think it is right that this clause includes explicit reference to this particular group, that the Secretary of State takes powers to make provision for them, and that this arrangement mirrors that of local authorities. We have actually modelled this clause on the parallel provision—that is, section 10 of the Children’s Act 2004—under which local authorities are required to co-operate with local partners to improve the well-being of children in their area. The same definition of well-being is used in this clause too, reflecting the five Every Child Matters outcomes.
In the same way as section 10 of the 2004 Act, this clause draws a distinction between the Secretary of State’s duties to all children and his powers to develop policies that promote well-being for particular groups of young adults. The way in which that was done in the 2004 Act, and the way we are replicating that now, is formally to recognise that the state’s relationship with a group of young adults is necessarily different from that which the state has with children who are wholly dependent and who have specifically little or no legal autonomy. It is clearly appropriate to use terminology in a sense that more closely reflects the partnership, in that context, that the state needs to develop with these young people—to ensure that services are provided in a way that supports their growing independence and recognises their right to exercise choice in whether to engage with these services or not.
I agree with all of the points that Opposition Members have made about the need to ensure at the local authority level that there is continuity for those young people who need it and I think—to answer the hon. Member for East Worthing and Shoreham’s question specifically—the formulation of this clause and the power for young people over the age of 18, achieves the intention that he wants to see. It enables the Secretary of State to take action but it respects the transition that young people are making to adulthood.
It also reflects the current distinction that we have formulated for local authorities in section 10 of the current legislation and, indeed, in executing that power, we know that there has been a tremendous development in the extent to which local authorities now keep in touch with young people over the age of 18. In that group, 90 per cent of young people are in touch with local authorities, and the outcomes for them, whilst we are not yet satisfied with them, are clearly developing.
I hope that hon. Members would accept that, in formulating the clause in this way, we are reflecting what we have already decided in relation to local authorities. It is not in any way to reflect a lesser importance of these young people, but rather also to respect their position in life, moving into adulthood and reflecting the way in which we have framed the operational responsibilities of local authorities. With that, I hope that the hon. Gentleman will withdraw his amendment.