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Children and Young Persons Bill [HL]

I thought that it was crystal clear. At least putting all these provisions into one clause makes it somewhat clearer than it was before, but I do not pretend that we are going to expect social workers to spend their time poring over the detail of this Bill. It will be made clear in guidance with user-friendly language what this actually means for them. Nevertheless, I thought that my explanation was so clear that simply replicating this section in Hansard would be more than good enough for social workers. We come now to whether the issues to be taken into consideration—proximity, education and so on—set out in new Clause 22C(8) constitute a hierarchy or should be given equality of consideration. This point was raised by the noble Baroness, Lady Walmsley. The answer is that they should be given equality of consideration. Although in subsection (8) these issues are set out in paragraphs (a) to (d), they do not comprise a hierarchy, but are the issues which should be given consideration. Before I come to the other specific questions about how local authorities should make the decision, I shall deal with the definition of the words ““other arrangements”” in subsection (6)(d). What is meant by these words is anything that is not foster care or a children’s home. That could include hostel provision, foyer provision, supported lodgings, flats and independent living. So the words of the noble Baroness, Lady Walmsley, are encompassed by the term ““other arrangements””. Moving on to some of the other specific questions, the noble Baroness, Lady Walmsley, asked me about the duty to promote rehabilitation with parents. Let me stress that this must always be the local authority’s first priority, subject only to consideration of the child’s welfare, because the authority must of course consider whether it is safe for a child to be rehabilitated. This rehabilitation duty is built into the Children Act 1989 and, as I said in my opening remarks, is included in new Section 22C. I should also state for the record that the Placement of Children With Parents etc Regulations 1991 and their accompanying guidance place great emphasis on the rehabilitation duties of local authorities and what is expected of them. I was asked how local authorities should decide what is the most appropriate placement. This is precisely what the professional judgment of social workers is intended to achieve: the best possible decision, taking into account all the factors of the case. However, the means by which local authorities seek to make these judgments is set out in the Framework for the assessment of children in need and their families. This framework uses an age-related child development model and is the basis for developing the care plan, which includes details about the placement needed by the child. So, based on best social work practice, we give guidance to social workers as to how they should go about balancing their duties. As we noted in our earlier debates, the independent reviewing officer will review the care plan in the light of the information about the child’s needs to ensure that it remains the most suitable plan, and can engage in a dialogue with the local authority if it believes that the care plan needs to be upgraded. I should like to take away the issue of training within the definition of education and look at it further before giving a definitive answer. I understand the points made by noble Lords. As the noble Earl said, training which is related specifically to an educational placement—for example, a course at a further education college—would be incorporated. I would like to look further at the position of training more widely. My noble friend Lady Massey referred to the substance misuse and drugs strategy. We will ensure that the forthcoming drugs strategy reflects the family and friends policy commitment set out in the White Paper and that the new strategy framework reflects the needs of relatives and friends affected by substance misuse. I mentioned in my opening remarks that we are considering further whether we should enhance the requirements in the Bill for local authorities effectively to plan and have a range of local accommodation available and I take fully on board the remarks of the noble Lord, Lord Rix, and other noble Lords in that regard. Turning finally to the amendments of my noble friend Lady Massey concerning children of no religious persuasion, we agree that placements must be sensitive to a child’s cultural background. That is why our commissioning strategy set out in the Care Matters White Paper seeks to ensure that local authorities better identify the needs of their looked after children population and ensure that their population of foster carers is broad enough to meet those needs. In making such arrangements it is our intention that the absence of formal religious belief should be respected as well as religious beliefs. Fostering providers should take this cultural context into account and ensure that where possible it is respected in the choice of foster placement in the same way as the cultural needs of a child whose family hold religious beliefs should be respected and taken into account. The information that authorities are required to have about prospective foster carers includes information about their religious persuasion and capacity to care for a child. The local authority must be satisfied that the placement with a particular foster carer is the most suitable in the light of all of the circumstances of the case, including the absence of faith as well as the existence of faith. The placement information record which incorporates the placement agreement details a child’s needs, including their religious background, and sets out the arrangements for meeting them. In making any placement decision the local authority must give due consideration to the wishes and feelings of the parents of the child. I hope that gives the reassurance my noble friend was seeking.