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Children and Young Persons Bill [HL]

The Government share the concerns of the noble Baroness, Lady Morris, that have given rise to the amendment. We are all concerned about the problems of high vacancy and turnover rates for children’s social workers. These have been consistently too high and we are seeking to reduce them. The vacancy rate stood at 9.5 per cent in 2006 while the turnover rate stood at 9.6 per cent. The vacancy rate is particularly high in regions where the competition for graduates is most intense—in London, for example—and some authorities are very reliant on the use of agency staff. I made all that clear at Second Reading and in Grand Committee. The cause of difference between us is not the underlying problem but whether we should set out further requirements in primary legislation. On reviews of individual cases, as I set out in Grand Committee, regulations already require reviews of children’s cases at regular intervals. The current legal framework provides for a minimum of three case reviews in the first year in care. After the first year, children’s cases are reviewed at least every six months, but the frequency of reviews prescribed in regulations is only the minimum. I stress that the reviews are not, as the noble Baroness suggested, intended to be cursory; they are intended to be proper reviews, taking account of all the factors that are relevant to the case in question. Independent reviewing officers can also direct that reviews should be carried out more frequently where that is appropriate; for example, they can direct that reviews be brought forward where there are concerns about the support available to the individual child in care. The noble Baroness, Lady Howarth, asked whether we might make it clear in the guidance to independent reviewing officers that instability in the social worker provision for the child could be one of the factors to be taken into account when deciding whether reviews should be taken forward, which would go some way towards meeting the concern of the noble Baroness, Lady Morris, that the reviews that take place should in any event be aligned with concerns raised about the turnover of social workers. I am prepared to look further at the guidance that we give to IROs to see whether we could make a more explicit reference to social worker changes in triggering reviews by IROs where they consider that that would be appropriate. Regulations already require local authorities to inform IROs of any significant failure to implement decisions made during a review of the care plan and of any significant change in circumstances after a review. As I said a moment ago, we set out in statutory guidance that IROs should consider calling additional reviews in such circumstances and we are prepared to look at whether that guidance can be strengthened. Furthermore, IROs already have the power to report to senior managers where actions from a review are not being carried out, including in such circumstance where a change in social worker is delaying implementation of decisions made at review. The Bill will require that the IRO is better equipped to challenge at review meetings poor local authority practice, including in the deployment of social workers. Clause 11, for example, provides for the first time that a named IRO be identified for each child to strengthen continuity for the child and provide better and more consistent oversight of the implementation of the care plan. The IRO will also have to ensure that any views of the child have been ascertained and given due consideration by the local authority. That would include the child’s views on, for example, the impact of changes in the social worker for his or her case. The regime for reviews in the Bill is therefore strong—significantly stronger than that which was previously in place. It will enable us to tackle social worker turnover by process of review, which is the concern of the noble Baroness, Lady Morris. As I have said, we will look further at whether we should strengthen guidance to IROs on the circumstances in which they should call reviews, including issues of social worker turnover as one of the triggers where they believe that that is appropriate.