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Lord Bassam of Brighton: My Lords, I come to the Dispatch Box with a confession. From time to time I was an official on behalf of the local authority side servicing the Central Fire Brigades Advisory Council. I may, in an earlier life, have been partly responsible for giving the noble Lord, Lord Glenarthur, a hard time. I make no apology for thatI was doing my job.
Of course such organisations all have a value. What is important is to get people round the table to talk and sort these matters out. Anything that can be done to speed up that process will be welcomed by all sides.
Lord Brookman: My Lords, following on from my noble friend Lord Davies of Coity, does the Minister agree that the employers have not been mentioned this afternoon? As I look around these Benches, I see many colleagues who have fought long and hard all their life for working people. I detect, from my knowledge of them, that they have always tried to put out firesin the industrial senserather than light them. But it takes two to tango, and although my good friend the Deputy Prime Minister, John Prescott, is one of ushe has worn the shirt and has been thereand I applaud him, as have other noble Lords, I have to say that the condemnation of the employers in earlier days has not been mentioned this afternoon.
Lord Bassam of Brighton: My Lords, I pay tribute to the noble Lord for his work in the industrial relations field. Like the noble Lord, Lord Davies of Coity, he has a great deal of experience. The employers have a difficult job, and the Government see it as their role to ensure that they are well supported. Reviewing the legislation will go some way to stiffening their position and giving them extra support. That will be an important objective of those measures.
Lord Christopher: My Lords, there is no doubt in my mind that the employers have not done their job in this instance, and have not done it for 25 years. This is only the second serious dispute in the Fire Service for 26 years, and, if what the Deputy Prime Minister says that he will do comes to pass, it will be the second occasion on which a settlement has been forced on the fire
When the dispute is settled, there will be considerable bitterness and low morale among the workforce. I wish to be satisfied that the new arrangements for managing the Fire Service have some prospect of working. We had a formula that worked for 26 years before coming to an end; the employers should have done something about it six years ago but they did nothing.
A second question, which arose on an earlier question, is the relationship between local government fund raising for themselves and the contribution of central government. I do not expect my noble friend to have the answer, but it would be interesting to know the proportion of local government expenditure supplied by the Government today and the proportion supplied immediately after the ending of the community charge.
Thirdly, I suggest that someone in government should have the task, across the public service, of trying to see where industrial fires may break out. You can see them coming, and no government since the war have found a way of dealing effectively with the public services, in which nearly all disputes take place.
Lord Bassam of Brighton: My Lords, as ever on these matters, the noble Lord speaks with tremendous knowledge, gained from many years of personal involvement and commitment. His comments are helpful. I repeat that of course we must do all we can to ensure that the employers are in a position to be as effective as they should be and need to be. These are necessarily complex relations between employers, the service involved and the Government. That is one reason why a review of the current situation has been undertaken. I think there will be a clear route map outlined from our intention to take additional powers so that we do not end up in a situation similar to the one we are currently in. We need to do what we can as a government to ensure that public services are well run and well organised and that disputes over wages, pay and conditions can be easily resolved. We hope that the changes we propose can aid that process.
Lord Hunt of Kings Heath: My Lords, with the leave of the House, I shall repeat a Statement made by my right honourable friend the Secretary of State for Health in another place. The Statement is as follows:
"My right honourable friend the Home Secretary and I established the inquiry in April 2001 under the chairmanship of Lord Laming, formerly the Chief Inspector of Social Services. We are both extremely grateful to Lord Laming and his advisers for producing a searching and detailed report and recommendations.
"Words in a report can never be enough for a family whose child has died in such terrible circumstances. I am grateful to Mr and Mrs Climbie for seeing me last week and allowing me to express, on behalf of the House and the country, the sorrow we all feel at the death of their beloved daughter, Victoria. Anyone who has had the privilege to meet Mr and Mrs Climbie cannot fail to be struck by their quiet dignity in the face of what happened to Victoria.
"I hope the report provides them with some comfort as it seeks to answer the questions any parent would ask. What exactly happened? What went so wrong? What needs now to change to prevent services that are supposed to keep children from harm failing in the way they failed Victoria so badly and so repeatedly?
"Lord Laming's inquiry lasted more than a year. His report runs to some 400 pages. We will study its 108 recommendations with care. Today I will outline the inquiry's findings and the Government's initial views. We will make our substantive response to the report as part of the Green Paper on children at risk which we intend to publish this spring.
"Victoria Climbie was part of a large, loving family living in the Ivory Coast. Her parents had agreed she could come to Europe in order to be educated. This was not about giving Victoria away; it was about giving Victoria an opportunity. All they wanted, as any parent would, was for their daughter to have the best education. Instead, she suffered the worst cruelty.
"Victoria arrived in Britain with her great-aunt, Marie-Therese Kouao, in April 1999. Within a year she was deadmurdered by the people who had taken the principal responsibility for caring for her: Kouao, and her boyfriend, Carl John Manning. Both are now serving life imprisonment.
"The cruelty experienced by Victoria before her death is the stuff of nightmares. Manning told the trial that Kouao would strike Victoria daily with a shoe, a coat hanger and a wooden spoon. She would hit her toes with a hammer. Victoria's blood was found on Manning's football boots. He admitted hitting her with a bicycle chain.
"Despite valiant efforts on the part of NHS staff, Victoria died of hypothermia, after months of abuse, on 25th February 2000 at St Mary's Hospital, Paddington. She had 128 separate injuries to her body. She was just eight years old.
"It is a shocking but sad truth that around 80 children a year die from abuse or neglect. While a civilised society must do everything it can to protect children, sadly a few adults will always manage to perpetrate abuse, not least because those who do are, by definition, secretive and manipulative.
"What makes Victoria's case so appalling, however, is that while the unspeakable abuse she suffered took place in secret, behind closed doors, Victoria herself was never hidden from the authorities and the agencies empowered by Parliament to protect children.
"Victoria was known to three housing authorities and involved with four social services departments in Brent, Ealing, Enfield and Haringey. Despite receiving allegations that she had been abused, none of the councils even managed to undertake a proper assessment of her needs. Social services did nothing to help her.
"Victoria was known to two separate child protection teams of the Metropolitan Police. Despite being told she had probably been deliberately harmed, they failed to investigate the alleged crime. The police services did nothing to help her.
"Victoria was referred to the specialist Tottenham Child and Family Centre managed by the NSPCC. Despite marking her case as urgent, they failed to take any action to see Victoria. The NSPCC centre did nothing to help her.
"Victoria was admitted to two different NHS hospitalsthe Central Middlesex and North Middlesex. Despite suffering scalding to her head and face and other evidence that staff saw of beatings and abuse, she was discharged and returned to her abusers. The health service did nothing to help her.
"Between April 1999 and February 2000, on more than one dozen occasions the relevant services had the opportunity to intervene to protect Victoria Climbie. More than 12 times in 10 months they failed to do so. This was not a failing on the part of any one service. It was a failing on the part of every service.
"The extent of the failure to protect Victoria was lamentable. Tragically it required nothing more than basic good practice being put into operation . . . doing the basic things well saves lives . . . Victoria died because those responsible for her care adopted poor practice standards".
"Hundreds of children benefit every year from efficient and timely intervention by social workers, police officers and hospital staff. We would do children like Victoria no favours if
"Lord Laming rightly describes as breathtaking the unwillingness of some of the most senior people in these agencies to accept that they were in any way accountable for these failures. It is his concern with this lack of accountability that leads Lord Laming to recommend change through the creation of new national and local structures for services for children and families. Lord Laming rejects proposals to separate child protection services, but calls for better co-ordination from top to bottom.
"It is an all too familiar cry. In the past few decades there have been dozens of inquiries into awful cases of child abuse and neglect. Each has called on us to learn the lesson of what went wrong. Indeed, there is a remarkable consistency both in what went wrong and what is advocated to put it right. Lord Laming's report goes further. It recognises that the search for a simple solution or a quick fix will not do. It is not just national standards or proper training or adequate resourcing or local leadership or new structures that are needed. It is all these things.
"In recent years there has been a renewed effort to improve safeguards for children: the Protection of Children Act 1999; the Care Standards Act 2000; programmes such as Quality Protects and Sure Start; and new work on systems for identifying, referring and tracking children at risk.
"Alongside the fuller response we will include with the Green Paper in the spring, I can tell the House that there are important steps which I intend to take immediately. First, the inquiry is highly critical of the local services that failed Victoria. Since her death, each has been subject to review. Some have been restructured. Some staff have been disciplined, others dismissed. In the light of the Laming report it will be for each employer to determine if further action is necessary against individuals, including those in senior managerial positions. In the meantime, the Home Secretary and I are asking the inspectorates responsible for health, police and social services to undertake further joint monitoring of these local services in north London to provide independent assurances that standards are improving.
"Secondly, the inquiry concludes that in all agencies there was a low priority given to the task of protecting children. The Home Secretary has made child protection a priority through the national Policing Plan. He has asked chief constables to
"Additionally, I am today writing to all chief executives in local health services and local authorities emphasising their duties towards vulnerable children and the need to reflect them in their budget decisions. Social services budgets will rise by an average of 6 per cent in real terms in each of the next three years. NHS budgets will rise by nearly 7 per cent. Extra resources should help employ more staff, including an extra 5,000 social workers, at a time when applications for social work courses, which fell for almost a decade, are now rising.
"Thirdly, the report highlights inadequacies in the training of frontline professionals. Training for police officers is already being reviewed and we will ensure that Lord Laming's recommendations are fully taken on board. Social work training is also being fundamentally overhauled. From September, a new three-year social work degree will be introduced to raise the status and standards of the profession. It will focus on assessment, communication and working with other professionalsthe areas where Victoria was so badly let down. The Home Secretary and I also intend to ask the professional bodies responsible for training police, social services and NHS staff in child protection to oversee a review of training needs including interagency training.
"Fourthly, the report highlights the failure of agencies to adhere to common standards in the care of children. I believe that the Laming report re-emphasises the need for new national standards to which all local health and social services can work. I can tell the House that I intend to publish the first part of those standardscovering the care of children in hospitalnext month and the remaining standards by the end of the year.
"Fifthly, the report says there was confusion about guidance on aspects of child protection. Within the next three months, I intend to secure the replacement of all the existing local guidance with new, shorter, clearer guidance which will reach every one of the 1 million professional staff dealing with the safeguarding of children. I also intend to simplify the wider range of Children Act guidance. It currently runs to over 1,500 pages. It covers 15 volumes. Some of it is out of date. Our intention is to reduce it by 90 per cent, to make it available in a single volume, and to update it on a regular basis.
"Sixthly, over half of Lord Laming's recommendations are aimed at correcting repeated failures in basic professional practice. We are today issuing a checklist of these recommendations. Police, health and social services are being asked to guarantee that, within the three-month deadline demanded by Lord Laming, these basic elements of good professional practice are in place.
"Finally, Victoria needed services that worked together. Instead, the report says, there was confusion and conflict. Down the years inquiry after inquiry has called for better communication and co-ordination. Neither exhortation nor legislation has proved adequate. The only sure way to break down the barriers between these services is to remove the barriers altogether.
"Fundamental reform is now needed to pool knowledge, skills and resources to provide more seamless local services for children. I am, therefore, today inviting health and social services and other local services to become the first generation children's trusts. These pilot children's trusts will mean local services for children are run through a single local organisation. We will explore a range of models including children's trusts that could be led by local authorities and others that could be established as new public interest organisations drawing in the expertise of the community, private and voluntary sectors. In future, services for children must be centred not around the interests of any organisation but around the interests of the child. Nothingno existing organisation, no existing structuresshould be allowed to stand in the way.
"These reforms cannot be the end of the matter. If some good is to come out of this tragedy, lasting change must come out of it, too. Lord Laming is determined that that is what should happen. The whole Government share his determination.
"Victoria's parents asked for nothing more for their daughter than the opportunity of a better life in our country. I am deeply sorry that she did not get that simple chance. We cannot undo the wrongs done to Victoria Climbie. We can, though, seek to put right for others what so fundamentally failed for her. That is what Lord Laming's report demands. It is what the Government are determined to do. I commend it to the House".
Earl Howe: My Lords, in thanking the Minister for repeating the Statement, I begin, if I may, by associating myself fully with his expressions of appreciation and gratitude to the noble Lord, Lord Laming, for all that he has done to produce his report. Those of us who have the good fortune to know the noble Lord will understand what an excellent choice he
The death of Victoria Climbie would have been an appalling tragedy in any circumstances, but had it occurred as the result of the failings of one or even two public servants it might not have been the trigger for a public inquiry. However, the injuries of that little girl were known to four social services departments, three housing departments, two specialist child protection teams, the Metropolitan Police, two hospitals, plus a specialist child management centre run by the NSPCC. That catalogue tells us on its own why this inquiry was necessary and why the noble Lord, Lord Laming, was absolutely right to use the uncompromising language that he did and to ensure that the proceedings of the inquiry were in the fullest sense conducted in public. I congratulate him on a conscientious, thorough and hard-hitting report. It makes chilling reading. His conclusions merit the most urgent attention.
During the past 30 years, there have been more than 30 inquiries into the deaths of children known to social services. None of those inquiries has had any effect. This report, as the Minister rightly said, has to break the mould. Every week in this country there are between one and two deaths of children at the hands of parents and carers. The group of people who run the greatest risk of a violent death are children of less than one year old. My first question to the Government is therefore this. Will they, please, publish a firm timetable for action in respect of the key recommendations of the noble Lord, Lord Laming? Some 82 of the 108 recommendations in the report are, in his opinion, capable of being actioned within six months. We need to get on with it.
I am immediately drawn to the recommendation that there must be a fundamental change, a systemic change, to the co-ordination of children's services locally. In that connection, I shall follow with great interest the formation of the children's trusts that are to be piloted. I completely agree that much more attention needs to be devoted to the training of front-line professionals, including health professionals, to the codification of standards and to the dissemination of those standards.
However, can the Minister reassure me on what I consider to be an especially important aspect of the findings of the noble Lord, Lord Laming: accountability? We do not want to encourage a blame culture, but if things go wrong, the buck must stop somewhere. That does not simply mean a chain of accountability in line management, although that is clearly important. It also means that incompetent social workers should be held to account by a professional body, in exactly the same way as are other professionssuch as doctors, nurses and lawyers.
Do the government agree? If so, exactly how is that to be achieved? Ifas I think that we all acceptwe need to enhance the status of social workers, to value them, and to confer real professional responsibility on them, equally, they must expect to live by and be judged on a defined set of professional standards. The
In that context, what recommendations have been made about the need for professionals to communicate directly with the children themselves? That conspicuously did not happen in the case of Victoria Climbie, despite the fact that it was her right under the UN Convention on the Rights of the Child. Proper communication between professionals is also vital, but how are the Government addressing the legal barriers to information sharing between professional agencies caused by the Data Protection Act 1998? That is a real issue. I should be glad to know how it is to be overcome.
The Minister will remember our debates during the passage of the Adoption and Children Act 2002 about the need to regulate private fostering. Victoria Climbie was subject to a private fostering arrangement. It is estimatedand it can only be an estimatethat currently about 10,000 children in England and Wales are fostered privately. Between 80 per cent and 90 per cent of them come from West Africa.
The Utting report highlighted the risks that those children are subject to, but nothing has been done. Will the Government now take urgent action? In the immediate term, what is being done to promote greater awareness among parents in West Africa about child abuse dangers? Is anything being done to encourage a culture of child protection among faith communitiesespecially in the sort of church that is popular with West African and Afro-Caribbean citizens? I believe that one such church was closely involved in this case.
On a separate but related issue, evidence was given to the Laming inquiry about unaccompanied child refugees being placed in bed and breakfast accommodation without regard to their safety. What is to be done to address that highly undesirable state of affairs?
I welcome much of what the Minister said about steps to be taken immediately, before the publication of the Green Paper. We on the Opposition Benches will support those and, indeed, all necessary measures, but he should bear in mind that we shall expect each programme of action to be properly resourced.
The failure to protect Victoria Climbie was not just a failure on the part of front-line staff, it was equally a failure by senior managers of all the organisations concerned to ensure that the necessary services were properly financed and staffed. That is as much a matter of resources as it is of ensuring that accountable, in-touch managers are in place.
Unless that happens, the report of the noble Lord, Lord Laming, will not have delivered the one thing that we all desperately want: never again should Parliament have to address the kind of catastrophic failings in our public services that so shamefully let down that poor little child.
Baroness Barker: My Lords, I, too, thank the Minister for repeating the Statement and congratulate the noble Lord, Lord Laming, on performing what must have been one of the most difficult jobs. His frank and moving introduction to the report is testimony to the fact that he was indeed the right person to do that difficult job.
I also pay tribute to Victoria Climbie's parents, who throughout what must have been a harrowing process for them have displayed a quiet dignity that is humbling. Perhaps the saddest thing about the report is that little, if any, of it is new. We can go through the list of names: Maria Colwell, Jasmine Beckford and Victoria Climbie. Every time a report such as this is issued we return to three recurring issues: first, recognition of abuse; secondly, co-ordination and sharing of information across agencies; thirdly, the location of responsibility to act with an accountable person.
We welcome the report's recommendation of national standards for the definition of "risk" and "harm". At present, there are about 150 different definitions of harm operated across the country by different authorities. That leads to understandable difficulties with consistency of application and confusion in staff training.
We ought also now to consider giving children the same legal protection as adults in definitions of assault, so that abuse does not start at a low level and grow. The people who are not mentioned in the report but who are often the first to see signs of abuse are members of the public. In a culture in which it is still permissible to hit children, it is often difficult for them to make a distinction about what is abuse and what is not. That is a serious matter that the Government should consider.
The report is a damning indictment of children's services in England. The Government should therefore press ahead without delay to appoint a children's commissioner for England to ensure consistency of services across areas.
Staffing and staff turnover played a huge part in this case. One in 10 children's social services jobs is vacant; and one in eight social workers leaves the profession every year. In their response to the report, the Government should consider how to enable experienced social workers to stay in the front line and use their experience to protect children.
While the report was being compiled, much has been done by professional bodies, which are as horrified as anyone else at what happened. They have been considering what lessons can be learned by using the expertise within area child protection committeesespecially by the involvement of general practitioners and teachers in such multi-disciplinary teams.
Pilots, such as the new model for delivering children's services, called Serving Children Well, which has been developed by the Local Government Association, the NHS Confederation, the Association of Directors of Social Services and education authorities, are beginning to prove that they may be
As noble Lords will know from our discussions during the passage of the Adoption and Children Act 2002, I believe that it is high time that private fostering is at least subject to registration. I hope that the Government will implement that and institute a programme to advertise the fact through embassies and consulates to parents in the countries that are most likely to be involved.
Finally, I agree with the noble Earl, Lord Howe, that 82 of the 109 recommendations can be introduced immediately, because they concern the development of good practiceensuring that good practice that has already been identified is spread. I hope that the Government will put their energy and resources into that, rather than into a process of reform that may simply lead to a new, different administrative muddle.
Today is not the day to give this report the full consideration that it most certainly needs. I assure the Minister that when we have time to do that he can count on the full support of these Benches who, like the noble Earl, Lord Howe, believe that this little girl was failed and that no child should ever go through the hell that she went through.
First, I echo their tributes to the noble Lord, Lord Laming. He was an excellent choice to chair the inquiry not just because of his previous experience as a very distinguished chief inspector of social services but simply because of the nature of his experience and his robustness. Shining through the nearly 400 pages of the report is an extremely robust procedure in which the noble Lord, Lord Laming, uncovers almost everything, if not everything, that there is to uncover. He subjected those who gave evidencerightly, in my viewto stringent and rigorous tests as regards the questions that they were required to answer. The result is a very thorough report indeed as regards what happened to Victoria and as regards the almost daily and step-by-step disasters that occurred in the handling of the case. Victoria's case was considered by many different professionals, only one of whom needed to do the job properly for Victoria's life to have been saved.
The noble Earl, Lord Howe, was right to refer to the number of inquiries that have been held into similar tragic cases in the past 20 or 30 years. I certainly agree with him that we must learn the lessons arising not just from Victoria's case but also from all those other inquiries. If the common theme running through
The noble Lord makes it clear that it is not the legal framework that is at fault but rather professionals who were not doing their jobs properlyfor example, failing to write notes of meetings and failing to have an action plan which made clear which member of staff was responsible for taking actions forward. I refer also to a failure of supervision; supervisors who were seemingly unable to give effective supervision and support to fieldworkers; and a complete failure to monitor cases to help fieldworkerswho we all know come under a great deal of pressurewith proper advice.
We must learn lessons from the report. I say to the noble Earl and to the noble Baroness that we shall implement speedily the recommendations that can be implemented speedily. We shall replace the plethora of existing guidance to obtain uniformity. We shall reduce it to an appropriate number of pages so that one can expect workers in the field to understand fully what is being asked of them. We require all the services involved to assure us within three months that the basics of good practice are being followed. That will be followed up by spot checks. In the mean time, we shall look very carefully at all the recommendations to inform the Green Paper that we shall produce in the spring.
The noble Earl, Lord Howe, raised the question of training. We must learn lessons in that regard in respect of individual professions. Let us be clear that this matter does not concern just social workers, it also concerns police officers and the National Health Service. The National Health Service does not come out of the report well. There were failures in both hospitals. We must look carefully at the training of individual professions, but alongside that we must ensure that that training covers the integrated and collaborative approach that is required between members of different professions.
The noble Earl, Lord Howe, rightly raised a number of points about accountability. The General Social Care Council provides the opportunity to ensure that the professional regulation of social workers is of a high order. But I have to say to the noble Earl that it is very important that the buck does not stop at the level of the individual practitioner. I do not exaggerate the position when I say that there was almost a breathtaking unwillingness on the part of some senior people in some of the authorities to accept their own responsibilities and accountability. Although I agree that it is right for individual practitioners to be subject to disciplinary, and professional disciplinary, action where appropriate, the lesson that I take from this is that senior peoplepeople responsible for the organisations that we are discussingmust accept their own responsibilities for this matter. To leave field officers without proper procedures, proper supervision and proper support is inexcusable.
We shall consider the issue of information services and the disclosure of information. But I have to say that disclosure of information without consent is permitted under the Data Protection Act if it is necessary to protect the vital interests of the subject. Some statutory agencies are in my judgment misreading what they are allowed to do under the law. But clearly we need to give proper advice to those authorities.
The noble Earl and the noble Baroness mentioned fostering. I understand the arguments in favour of further legislation. There is legislation, but is it sufficient and are local authorities doing what they need to do? We know that the situation is patchy. We shall review the matter and embrace it within our Green Paper.
As regards finance and staff, I do not want to denigrate the work of social workers, nor do I wish to say that they do not come under great pressure. Funding issues and workforce issues cannot be discounted. But the fact is that the evidence of the inquiry reveals an incredible amount of sloppy work undertaken by individuals which is not excused by staff or resource pressures. The great bulk of professionals involved in this area do their job properly, whatever pressures they are under.
The noble Baroness, Lady Barker, asked about national standards. I welcome her support. She asked about children receiving the same legal protection as adults. There is a great difference between what might be described as reasonable chastisement by parents and abuse. In relation to the seriousness of abuse against children, one of the points made by the noble Lord, Lord Laming, was that the police must recognise that as being a serious crime. I am encouraged that the police force and the Metropolitan Police have very much taken that on board. I understand the point that the noble Baroness made about a children's commissioner. We shall consider that. It is important that that appointment, if it were ever to be made, should add value. The noble Baroness referred to children's trusts. I believe that voluntary organisations have a large role to play in this area. Some boundaries will always exist. It is important to ensure that children's trusts can work together with other local agencies, whether statutory or voluntary.
As summarised in paragraph 1.45 of the introduction of the report, the ignorance of the different agencies of one another's knowledge was devastating in its effect. It is reassuring therefore to hear the noble Lord say that social work degree courses will be extended for a further year, with
I have brief questions on two other points. The noble Lord led with a reference to the children's trusts. Will he explain how that does not cut across what the noble Lord, Lord Laming, says in the first bullet point of paragraph 1.30 in his introduction? It states:
What steps are being taken to see that the operation is not focused primarily on London, the South East or even England? How is good practice to be extended to the rest of the United Kingdom?
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