Question (this day) again proposed, That the clause stand part of the Bill.

With this, it will be convenient to consider clause 12 stand part.

As I said in the last sitting, I am grateful to the Opposition spokesperson, the hon. Member for Harborough, Oadby and Wigston, for his thoughtful contributions and specific questions. I will take those points away and I will try to address as many of them as I can in this debate.

As required, we have produced impact assessments for all measures in the Bill, and have followed the better regulation framework for measures that are in its scope. As outlined on gov.uk, the Regulatory Policy Committee, or RPC, is currently reviewing the Bill’s impact assessments and will produce an opinion when its scrutiny has been completed. We will publish those impact assessments shortly. We have also conducted child’s rights impact assessments, where children are directly impacted by the policies and/or there are particular groups of children and young people who are more likely to be affected than others, as I mentioned this morning. There is no requirement to publish these documents in relation to England, but the documents are currently under review, and we will also publish those shortly.

The shadow Minister made a number of points about the shortage of foster carers. Local authorities have a duty to place looked-after children in their care in registered children’s homes. We understand that sometimes authorities need to place a child quickly, including when there are no suitable registered places immediately available, but the Government are clear that all providers of accommodation for children should register with Ofsted. We are also helping local authorities to meet their sufficiency duty by investing more than £130 million in fostering hubs and kinship care and providing additional funding for children’s homes, including more than £36 million specifically on foster carer recruitment and retention.

In the light of the questions that the shadow Minister raised, I also wanted to respond on how we are working with Ofsted to embed the reforms in the Bill. As Sir Martyn set out in his evidence, Ofsted is a key partner in delivering reform of children’s social care, and we are working closely with Ofsted to ensure that each of the measures presented to the House can be implemented carefully, alongside the non-legislative asks that Ofsted also needs to respond to in parallel. The Department has provided funding for a children’s social care transformation team in previous years, which has built the capacity for Ofsted to respond effectively to all the changes we have asked of it to date and ensure that it can meet the demands placed on it by the Bill.

The shadow Minister asked about the term “reasonably suspects”. Ofsted will have the grounds to suspend registration, which could be based on minor or major non-compliance, and may consider that that is a problem in other settings owned by the same provider group. That would be a reasonable suspicion, and it will be a matter for Ofsted to apply those judgments.

On the question of whether the bar is too high for provider group-level intervention, Ofsted’s power to cancel registrations is broad and allows it to intervene when the regulatory requirements are not being met. If Ofsted reasonably suspects that two or more settings owned by a provider group are not meeting those requirements, it has the power to ensure that the provider group acts to make improvements in the settings. If an issue arises in a single setting, it is unlikely to be indicative of wider issues in the provider group, and Ofsted would use its existing powers in relation to registered providers at the individual setting level. It is right that the bar at which Ofsted should be able to require actions of a provider group is the same bar that would enable Ofsted to take action against individual settings, where that is already set out in legislation and guidance. That ensures that this further power is proportionate and that it can only be used where there are real issues of concern arising in settings.

These powers supplement the existing inspection regime. If Ofsted has serious safeguarding concerns, it has the power to close individual settings.

The shadow Minister also spoke of the need to speed up action by Ofsted. The Hesley Group case showed what can happen when a culture and environment in a provider group allows a culture of silence and allows abhorrent abuse to take place. These new powers will allow Ofsted to act quickly and go directly to the provider group to seek improvement if it reasonably suspects that requirements are not being met, which it could not do with any legal backing in the Hesley case. If the provider group does not improve its settings, Ofsted can take action. Where there are serious safeguarding risks, ultimately Ofsted has existing robust powers to cancel a registration and close the setting.

On why we are not introducing inspection of provider groups, Ofsted inspects settings at a minimum of once per year, using the social care common inspection framework. Inspection is not warranted at provider group level—the organisation that owns the providers who run the settings—given the existing robust regime for inspection of individual settings. Provider oversight will supplement inspections to ensure that Ofsted can take the quickest and most effective action for the benefit of children. In many situations, the provider oversight measures will not be necessary, as most provision is rated good or outstanding. Inspection of provider groups would, in many cases, simply duplicate what Ofsted is already doing. Ofsted is already able to cancel registrations in respect of settings if necessary. Provider oversight ensures that multiple cancellations of registrations are not necessary.

On the point about compliance with action and plans relating to litigation, it will be a straightforward question of whether a provider has implemented the improvement plan, which will have been agreed between the provider group and Ofsted. We do not foresee that it will lead to any lengthy litigation.

The shadow Minister spoke about local authorities who place in unregistered settings. Local authorities have a duty, of course, to place looked-after children in their care in registered children’s homes. We understand that sometimes authorities need to place a child quickly, including when there are no suitable registered places immediately available, but Government are really clear that all providers of accommodation for children should register with Ofsted. We are helping local authorities to meet their sufficiency duty by investing more than £130 million in fostering hubs and kinship care, and providing additional funding for children’s homes.

Finally, Ofsted will ask local authorities for information on their use of unregistered provision ahead of any inspections. If there are any concerns, Ofsted may focus on unregistered provision in the local authority’s next inspection. That could include the decision-making processes leading to use of this provision and the statutory duties to plan for sufficient places to meet the area’s needs.

I simply want to lodge a very specific question about proposed new section 30ZC(3)(a) of the Care Standards Act 2000 and the category of people who may not be given a regulatory fine but instead must be prosecuted. I raised the issue in this morning’s session about whether those people would not be able to get a regulatory fine because of the individual case being dealt with, or whether it was the case that anybody who had a previous history of being found guilty of any of these things could not have a regulatory fine applied to them. I would be grateful if the Minister can clear that up now, or if he will undertake to write to me about it. It is just to understand what the law is proposing in that respect.

I thank the shadow Minister for those comments. We will certainly take that away and get him a response.

Question put and agreed to.

Clause 11 accordingly ordered to stand part of the Bill.

Clause 12 ordered to stand part of the Bill.