Campaigners maintain resistance to 'exemption clause' despite government concessions

The concerns have been raised after the government published full details of changes to the bill's controversial exemption clauses, which were announced by children's minister Edward Timpson earlier this week.

The amended clauses will continue to allow councils the chance to opt out of legal requirements around children, but stipulates this must not include child protection areas. 

Councils will also not be able to opt out of the duty to protect and provide services to children in need under the Children Act 1989 or legislation in the same act around promoting the welfare of, and providing accommodation for, vulnerable children.

Child protection regulations in the Children Act 2004 are also removed from areas councils will be able to opt out of. The amendments also include a clause prohibiting profit-making organisations from taking over children's services.

But Children England chief executive Kathy Evans says the concessions "will do little to assuage fears" that the government is looking to "fragment children's social care and create a patchwork of inconsistent rights and duties for children".

The government amendments follow a defeat for the government in the House of Lords last month, which saw the exemption clause removed from the legislation.

Evans said she is disappointed that the government has not listened to specific concerns raised by peers and that ministers had still not been able to offer examples "that justified the need to have local exemption from primary legislation".

She added: "The effect of picking and choosing duties that must stay, while leaving others open for exemption, is still to dangerously fragment and localise the law of the land for children."

Carolyne Willow, director of children's rights charity Article 39, is another to have concerns around the government's decision to plough on with the exemption clauses.

She said: "Rather than quell fears, these amendments demonstrate the government has recognised the severe risk to children but, inexplicably, is still not prepared to pause."

Disabled children, young carers and children in custody are among vulnerable groups that Willow says are still in danger of seeing their legal protection and rights eroded.

Willow added: "This will be the first time in the history of children's welfare that individual councils will be excused from their legislative duties."

Commenting on the amendments, a Department for Education spokesman said: "Local authorities should have the freedom to work with social workers so they can develop new and effective ways of supporting the vulnerable children in their care.

"We are committed to giving them that freedom, and after careful consideration have decided to reintroduce a much altered and improved set of clauses for consideration by parliament. To suggest the power to innovate places children at risk is simply wrong, and the new amendments put this beyond any doubt."

Earlier this week children's minister Edward Timpson told parliament that the government did not want the exemptions to impact on children's rights.