Experts join forces to fight 'exemption clause'

Neil Puffett
Thursday, September 29, 2016

A total of 40 organisations and experts in children's social care have joined forces to oppose controversial plans to let councils apply to be exempted from their statutory duties.

Organisations and experts have joined forces to form Together for Children to oppose controversial plans
Organisations and experts have joined forces to form Together for Children to oppose controversial plans

Provisions contained in the new Children and Social Work Bill, which is currently going through parliament, are intended to give councils the ability "to test different ways of working" within children's services by exempting them from "requirements imposed by children's social care legislation".

Concerns have previously been raised that the bill poses a "huge threat" to the rights of vulnerable children and young people.

Concerned that the legislation could result in children being exposed to "a postcode lottery of protection", 40 organisations and experts have joined forces to fight the plans.

The group, calling itself Together for Children, has launched a website by the same name.

Members of the group include Article 39, the British Association of Social Workers, the Association of Professors of Social Work, The Care Leavers' Association, CoramBAAF, the Howard League for Penal Reform, Liberty, the National Youth Advocacy Service and Women's Aid.

Individuals involved in the campaign include Maggie Atkinson, former children's commissioner for England, Kathy Evans, chief executive of Children England, and Jenny Molloy, author and care leaver.

Molloy said: "Messing with laws that parliament has passed to protect children could be taking away children's first sight of freedom from abuse.

"We should be making rights and protection stronger so children in care have great childhoods and futures they can really look forward to."

David Graham, national director of The Care Leavers' Association, said: "Local authorities are required by law to ensure every care leaver has an adviser to give them advice and support and help with accessing services like health care.

"These young people are often entirely alone, and will have faced enormous challenges in their earlier lives. If this bill passes, there would be nothing to stop the duty to appoint advisers being removed in the name of innovation.

"Any reduction in duties towards care leavers would put very vulnerable young people even more at risk than they presently are."

John Simmonds, director of policy, research and development at CoramBAAF, said: "Giving local authorities and the Secretary of State the power to create a postcode lottery of local provision without the scrutiny of parliament exercising its sovereign power to legislate is highly risky and may be damaging.  

"Innovation in other areas of service provision is based on sound ethical principles, a prime responsibility to protect those being ‘tested' and solid scrutiny and evidence.

"The clauses as currently drafted are not sufficient in any of these respects."

The Children and Social Work Bill is due to be debated in the Lords again next month.

In July the chief social worker for children, Isabelle Trowler, spoke out in favour of the controversial clause, saying she is confident that the legislation is intended to help children's services departments improve the quality of practice.

"Contrary to the media headlines, this is not some kind of sinister political plot to overthrow public authorities or a ruse to wipe out decades of children's rights," she said.

"Those of you who feel a little lukewarm about this part of the bill might want to warm up a bit, otherwise we may thwart unintentionally, great plans and ideas that your colleagues have about the need to free up this complex and resource-stretched system."

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