HC Deb 15 February 2000 vol 344 cc923-30

Motion made, and Question proposed, That this House do now adjourn.—[Mr. Allen.]

1.11 am
Mr. Tom Cox (Tooting)

I am a member of the British parliamentary delegation to the Parliamentary Assembly of the Council of Europe—a Parliamentary Assembly of 41 member states. I chair the social, health and family affairs committee of that Assembly and I am the rapporteur for the European strategy for children. The committee that I chair has produced many major reports, especially on issues that concern the welfare and protection of children, such as child abuse, international adoption, the effects of social exclusion, child labour, sexual abuse, child soldiers and refugee children. I work very closely with the United Nations Children's Fund on children's matters.

The aim of my debate tonight is to seek the appointment of an ombudsperson for children—or as some countries say, a commissioner for children. Within the Council of Europe a number of member states, such as Norway, Belgium, Sweden, Finland, Germany, Luxembourg and Iceland, already have such an ombudsperson or similar organisation to consult with children and to protect children's interests. Many countries in other parts of the world—Australia, Canada, New Zealand, Costa Rica and Guatemala—have either an ombudsperson or a commissioner. Other European countries are at present considering such an appointment. The role of the ombudsperson is to work with children, to listen to their concerns, to ensure that their rights are safeguarded and developed and to work and co-ordinate with children's organisations on issues of concern.

I have spoken many times to the people who perform the role of ombudsperson. They speak in support of that role, and describe the confidence of young people in contacting them on issues of concern. We can point to examples of European countries where an ombudsperson has been successful in developing the rights of the young and protecting their interests and welfare.

I am sure that my hon. Friend the Minister would be the first to agree that one of the major achievements on the protection and welfare of children was the United Nations convention on the rights of the child. Sadly, the Committee that I chair at the Council of Europe knows that children's interests are still often totally disregarded. In the United Kingdom, no independent body is responsible for promoting children's rights in this country. There are many excellent child care organisations and they do excellent work in the interests of young people, but I do not think that anyone would dispute that there is far too much duplication and overlapping of their work.

An ombudsperson would be there to consolidate the views of various children's organisations. There is clear evidence that that is what such organisations want. That is what they tell me, as I shall confirm later in my speech. I am often told that paper commitments are not enough and that what Governments say they will do and what they actually do are not always the same thing.

We know some of what has been done regarding our systems. Inadequate measures are in existence to enable children's views to be listened to when decisions about them are made. I regularly speak to youngsters attending junior schools in my constituency and, in the past two weeks, I have visited St. Mary's Church of England and Ravenstone junior school, both in Balham. The youngsters to whom I speak are knowledgeable, intelligent and want to ask many questions. They repeatedly ask, "Why don't they listen to us, Mr. Cox?" They are right. Why do we not listen to the views that youngsters want to express?

We know that not enough attention is given to the importance of respecting the best interests of children in legislation. There is no independent system of monitoring how legislation works for the benefit of youngsters. Despite Government initiatives, there is very deep concern about the welfare and protection of young children in this country. One has only to ask child care organisations for their views.

How can youngsters make their views known to a Government Department or a Minister? Do we have press or television campaigns saying that the Government are considering changing the law or introducing a new one that will concern young people and do we say to them, "We want to hear what you think about it"? We know that young people need people to pursue their rights. What independent body exists in this country with the responsibility to monitor or, indeed, promote children's rights here? If there is one, I hope that my hon. will tell the House about it.

That is surely just the role for which an ombudsperson would be responsible. I ask the Minister to check the role and work of the ombudsperson in those countries that have such a post and consider the trust, the respect and the achievements that have been made. We know that young people have views, concerns and needs, but where are their rights? We talk about human rights, but when do we talk about or develop systems in which children's rights are promoted or even talked about?

We often hear of the most appalling cases of child abuse—either sexual or physical. In last Sunday's Sunday Express, there was an article on the report that has now been published by Sir Ronald Waterhouse, who headed the inquiry into sexual abuse at children's homes in north Wales where 650 allegations of abuse were made. In that article, the child protection director of the National Society for the Prevention of Cruelty to Children, Neil Hunt, said of the inquiry: The disturbing facts about past abuse were that children had no one to turn to for help, and when they tried to speak out they were ignored. If these children had had access to advocacy services to stick up for them, this tragedy might well have been avoided. Last week Sir Ronald told a conference that children in care need trustworthy and independent adults to listen to their concerns. Yesterday, The Times published a letter from the NSPCC's chief executive and the president of the Association of Directors of Social Services, which was headed, "Abused children need a champion". It said: The NSPCC and the ADSS are united in calling for the Government to appoint an independent Children's Commissioner to champion the needs of UK children". Today the House heard the statement by my right hon. Friend the Secretary of State for Wales on that report. The comments that I have read out, including those made by the leader of the inquiry, set out the role that an ombudsman would play.

I fully support the introduction in recent years of bodies to promote the interests of women and disabled people, such as the Equal Opportunities Commission and the Disability Rights Commission, and the Commission for Racial Equality. However, there is still nothing for children.

The Minister may well tell me about the provisions for the children's director in the Care Standards Bill, but many organisations that work with children have expressed clear reservations about that appointment. They think that the terms of reference are too narrow and they remain committed to the establishment of an independent ombudsman. There is no great support in this country for the appointment of a children's director.

We all know that children have no vote, no political power, and often no formal way of making their views known. What influence do they have in any lobby or institution that informs political change? We know that when children's issues are determined, whether at a national or local government level, the responsibilities for children's services are often split between different departments and there is poor communication or collaboration between them.

We should think of the appalling, brutal cases of child abuse with which we are familiar. In many of those cases, children died as a result of the abuse that they suffered. The point that is repeatedly made in the inquiries that follow those cases is that there was a lack of co-ordination between the agencies that were supposedly involved in securing the welfare of the abused children.

The committee on the rights of the child, which was established to monitor the implementation of the United Nations convention, said that without an independent role to monitor progress, children's rights are rarely given the priority and scrutiny that they require. The committee clearly recommended the appointment of an ombudsman or a commissioner in the United Kingdom.

I have spoken of the contact that I have with schools in my constituency, and I am sure that all Members have such contact. I suggest to my hon. Friend an ombudsman would be the best way to seek young people's views; to ask them to become involved in projects; to make them aware of the distribution in schools of leaflets and reports on children's rights; and to inform them of issues under discussion which concern them. Indeed, in countries where the post of ombudsperson or commissioner has been established, it has given young children their first opportunity to have direct access, to make their views known, and to be listened to. That is what I want this country to do.

I have already mentioned the views of organisations that work with children in various roles. I have a list of more than 100 such organisations in the UK, all of which support the appointment of an ombudsperson or a commissioner for children. I shall give a short list: the Child Poverty Action Group, Barnardos, the Association of Directors of Social Services, Gingerbread, Family Welfare Association, the Association of Lawyers for Children, the Local Government Association, the National Association for Maternal and Child Welfare, the National Children's Centre, Save the Children, the Council for Disabled Children, the National Children's Bureau, the National Society for the Prevention of Cruelty to Children, the Royal College of Nursing, UNICEF UK and Oxfam UK. That is an impressive list.

There is also wide support in the country for the appointment of an ombudsperson or commissioner for children. A UK opinion poll held in December 1996 gave the following results: 85 per cent. of the people asked said that there should be an ombudsperson; 13 per cent. said that there should not; and 2 per cent. said that they did not know. There is clear and overwhelming support for such an appointment.

In those countries that already have ombudspersons or commissioners, their achievements, the respect they command and the way in which young people relate to them are known. I suggest that it is time for this country to move forward and appoint such a person to promote awareness of children's rights; to analyse and comment on proposed Government legislation or policies in respect of their effect on children and young people; to examine failures to practice and follow guidelines on children's rights; to undertake or commission research relevant to children's rights and interests; and, above all, to establish a system in which children and young people can contact with confidence someone they know will listen to them, in the knowledge that their rights and interests will not be ignored. Many organisations and the vast majority of the general public in this country believe that that would be achieved by the appointment of an ombudsperson.

I, with others, will listen with great interest to the Minister's reply. I hope that what I seek will link with the proposals of the Scottish Parliament, the National Assembly for Wales and the Northern Ireland Assembly for the welfare and protection of young children.

1.29 am
The Minister of State, Department of Health (Mr. John Hutton)

I thank my hon. Friend the Member for Tooting (Mr. Cox) for the opportunity he has given the House to discuss the general issue of the welfare and well-being of children. I know that he feels strongly about such issues and I assure him that I share his feelings.

Today, we all have on our minds the particular needs of children in the care of local authorities. Earlier today, the House heard the statement made by my right hon. Friend the Secretary of State for Wales about the report of the inquiry into the abuse of children in care in north Wales. My hon. Friend knows that the Government will give careful and urgent attention to the recommendations of Sir Ronald Waterhouse.

My hon. Friend drew attention to the fact that Sir Ronald today recommended the appointment of an independent children's commissioner for looked-after children in Wales. Our proposal, to which my hon. Friend referred, to appoint a children's rights director to the proposed National Care Standards Commission captures the spirit of that recommendation.

Children's social services are one of the most difficult and demanding categories of social care. All the professionals involved have to make tough decisions and deal with some difficult situations. However, if we as adults find this area difficult and intimidating, we should never lose sight of what it must mean for the children. It is our responsibility to get the services right and we fully intend to discharge it.

The Government agenda for children is ambitious and wide ranging. In November 1997, the Government published the report known as the "Review of Safeguards for Children Living Away from Home"—the Utting report. It made 20 key recommendations and more than 130 other recommendations, with the principal aim of improving protection for children who live away from home. The Government published their response to the Utting report in November 1998. The document sets out a detailed and comprehensive programme of policy and management changes across government to deliver a safer environment for all children who live away from home. Many of the Utting report recommendations are being addressed through the introduction of the Care Standards Bill and the Children (Leaving Care) Bill.

A ministerial task force was established in November 1997 to take forward the Government's response to the children's safeguards review. It involves Ministers from 10 Departments and outside representatives from social services, education, the police and the voluntary sector. It is an excellent example of working across government to deliver a safer environment for all children who live away from home. As my hon. Friend knows, the task force's job is to co-ordinate and take forward urgently the Government's response to the Waterhouse inquiry.

My hon. Friend did not refer to the Government's "quality protects" programme, which is a flagship policy of which we are proud. We are seeing it through the three years of the current spending review. My hon. Friend knows that it is a £380 million programme. We want a transformation in the quality of care that local authorities provide for looked-after children.

The care system must help children and young people to make the most of their talents, to achieve at school and in further education, and to become confident and successful adults. Local councils must act as proud and concerned corporate parents who know about their children's achievements and do all they can to meet their needs.

We must also provide earlier support for children and families, which will mean that fewer children suffer abuse and neglect. My hon. Friend referred to a child protection system. Such a system must provide effective safeguards for all children, wherever they live. Positive action on all those important matters is now under way.

My hon. Friend mentioned the importance of listening to children. Listening to their views and wishes is a key principle underpinning the "quality protects" programme. We issued guidance to local authorities in October 1999 which stressed that particular attention should be given to the involvement of young people collectively and to enhancing their individual voices, for example through the development of independent advocacy services. That is a priority area for grant funding under the "quality protects" programme. In the first year, £5 million was allocated to developing children's participation. That will again be a funding priority in the second year.

Careful assessment of local authority management action plans, which must be submitted to the Department under the "quality protects" programme, will enable us to identify accurately and precisely the progress that has been made to date and where money should be targeted to develop that work in future. That is an unprecedented investment in listening to children.

Listening to children makes sense not only in terms of improving services; it can also contribute enormously to promoting their safety and welfare. However, it should not be the job of one person—a commissioner, an ombudsman or anyone else—to listen to children. We need a culture change for children's social services which is powerful enough to ensure that listening to children is the job of everyone who is involved with their care. We believe that, and we are taking steps to ensure that it happens. "Quality protects" is beginning that process of change.

We are also trying to practice what we preach. That is why young people are being involved with the development of all the major policy initiatives in this area and will continue to be so in future. They are, for example, full members of the ministerial task force that is developing policy in this area.

The challenge for local authorities in the second year of "quality protects" is to implement their local action plans fully, improve services and achieve much better outcomes for children and young people. Next year, we are increasing the grant available from £75 million to £120 million and we expect real improvements to be delivered in return for those extra resources. My hon. Friend will be glad to know that in the following year the grant will be increased to £180 million. We are making good progress. By the end of next month all authorities expect—for the first time—to meet their statutory duties to inspect children's homes, and there has been an increase in the number of adoptions and the support being given to those leaving care and in councils listening to children.

Mr. Hilton Dawson (Lancaster and Wyre)

Will my hon. Friend give way?

Mr. Hutton

I will not, if my hon. Friend will forgive me. I have more to say.

The Care Standards Bill, which my hon. Friend referred to, makes an important contribution here. The debates in Committee in the other place were completed on 18 January, and it sets out a wide reform of the systems to protect vulnerable people and to improve standards in children's homes, care homes, private and voluntary health care and other care services. It will establish a National Care Standards Commission—a new independent body to regulate children's homes and services and care homes for the elderly and disabled people.

As my hon. Friend said, the Bill will establish a national children's rights director, which will be a senior post in the commission. Further consultation is required on the specifics, but the Government believe that the appointment will ensure that children's rights and safeguards are given the highest priority by the new commission. It is an important and innovative development for children's welfare.

The children's rights director will be a unique appointment and a real breakthrough for looked-after children. The postholder will, for the first time, be able to take a national overview of the rights of looked-after children and the way in which they are being cared for by local authorities. The scope of the post was originally set out in the White Paper "Modernising Social Services", which envisaged a number of roles. He would, for example, be able to help the commission to give full and effective coverage of children's services and rights within its statutory regulatory responsibilities and its reports on the discharge of those responsibilities.

The director would also be able to ensure that the views of children placed in the facilities and services regulated by the commission were given proper weight in that regulatory task, and he would report directly to the chief inspector of the social services inspectorate any significant evidence relevant to the rights and safety of children gained from the commission's regulation and assessment of services for children. That might help local authorities or other providers to improve the services and support that they give to children.

I emphasise to my hon. Friend that we shall be very happy to discuss the role and exact function of the children's rights director. Hon. Members will accept that his role and function need to be consistent with the role and function of the National Care Standards Commission as a whole. I make it clear that the director will be senior in the commission. We are well aware that further consideration of and consultation on the specific role is required, and we shall of course ensure that he or she is appropriately supported and that other members of the commission also have significant experience of children's social services and related issues.

The measures that the Government have already taken show clearly that we are committed to ensuring, through a range of initiatives, that children's rights remain clearly and firmly on our collective agenda. Ministers have previously considered whether there is a case for a children's rights commissioner with responsibilities extending further than looked-after children, and discussed it with children's rights groups early in 1998.

In our response to the second report of the health committee on children looked after by local authorities, which was published in December 1998, we announced our decision not to proceed with the appointment of such a commissioner.

The Government are not convinced that it would be desirable to create a new national mechanism additional to the courts, the police and the prosecuting authorities, the various existing commissioners, including the Parliamentary Commissioner and the health and local government ombudsmen, the responsibilities of local and health authorities to deal with complaints, and the various inspection and regulatory arrangements for ensuring that safeguards for children are properly implemented and that their voices are heard.

This has been a short, but none the less useful, debate. I can assure my hon. Friend that we are committed to safeguarding the welfare of children. The Government are determined not to let children down and to ensure that their voices are fully heard. The prompt and decisive action that we have taken today in response to the Waterhouse report amply demonstrates our commitment to ensuring that this happens in the future too.

Question put and agreed to.

Adjourned accordingly at twenty minutes to Two o'clock.