---

Children and Young Persons Bill [Lords]

I thank my hon. Friend, not for saving the Minister from having to write the letter but for the point that he has made so well. He and I, along with other Members, discussed precisely that problem during a Westminster Hall debate this morning. We all agreed that, however the process is triggered—and there are different ways of triggering it—it is essential to ensure that early intervention support services are available to those with speech and language difficulties, autism and associated special educational needs. A disproportionate number of children in the care system suffer from communication difficulties of that kind which might have been avoided—or at least alleviated—through early intervention. I want to make a few more points about new clause 19 before turning to the other new clauses and amendments in the group. It is the largest group on the list, so—as I am sure you will be relieved to hear, Mr. Deputy Speaker—I shall not be as verbose as this later. If we are truly to help our most vulnerable young people, the children who are already looked after on entering custody should not cease to be looked after. They should be entitled to all the benefits conferred by section 20 of the Children Act 1989, bar perhaps the provision of accommodation by the local authority. That would ensure that all looked-after children entering custody do not become even more disadvantaged. In 2005-06, about a quarter of the number of boys and half the number of girls in custody were held over 50 miles away from their homes, according to the Youth Justice Board. Again, continuity of care in such circumstances is all-important. The new clause would ensure that local authorities were in a position to provide suitable accommodation and support for looked-after children leaving custody. The new clause is also important in safeguarding the longer-term provision of support for many extremely vulnerable children who at present should qualify for leaving-care assistance under the Children (Leaving Care) Act 2000. A child is eligible under the Act if he or she is aged 16 or 17 and has been looked after by a local authority for 13 weeks or more, provided that the period began after the child had reached the age of 14 and ended after he or she had reached the age of 16. The 13-week period does not need to be continuous, but a series of pre-planned short-term placements of under four weeks at the end of which the child returns to the care of a parent, or a person who has responsibility for him or her, will not count. Periods during which a child is remanded in the care of the local authority or in remand in a secure training centre will count, but remand to a young offenders' institution will not. There are anomalies in the system, and it will often be difficult to determine whether or not a child is eligible. At present, a typical scenario that needs to be considered would involve a young person being placed under section 20 of the Children Act 1989 owing to his or her chaotic circumstances, possibly as a result of court proceedings and bail requirements, but then being remanded to a young offenders' institution or sentenced to custody before the 13-weeks were up. The child would thereby lose any entitlement to leaving-care rights. The hon. Member for Stafford (Mr. Kidney) may wish to comment on that, as it is an issue of which he has a great deal of experience. Ensuring that those accommodated under section 20 do not lose their looked-after status on entering custody will entitle such vulnerable children to the support that they need to make the transition from childhood to adulthood and independent living, hopefully at liberty as well. The implications for successful resettlement when they leave custody are clear. However, as things stand there is a perverse incentive working in the system. I do not say that it is being taken advantage of or that it is happening a lot, but there is a perverse incentive for a children's services department to foist a child in care on to the youth justice system so that the department no longer has responsibility, let alone financial liability, for the child. That is an enormous waste of money, and such deckchair-shifting is certainly not in the interests of the child—which, as always, must be our primary consideration. The points made by the hon. Member for Stafford in new clause 26—along with, I am sure, the points that he will make in his speech—echo points made in Committee, and I sympathise very much with them. The hon. Gentleman's aim is to increase support for ““family and friends”” carers. We have long championed—I tabled many amendments in Committee, which were supported by a number of members of all parties—the need to ensure that kinship care becomes a much more extensively used resource. It is still the case that only 4 per cent. of social worker-initiated placements are with kinship carers, which cannot make sense. Despite the requirement that kinship carers should be at the top of the hierarchy of placements, they are still not getting enough of a look-in. Many of us will have been visited in our surgeries by, typically, grandparents who have offered to take on the care of a grandchild whose parents are deemed to be incapable of doing so, but are having to battle to gain that responsibility—and if they do gain it, many must then battle to obtain proper support and remuneration.