Campaigners welcome confirmation of exemption clauses U-turn

CYP Now broke the news yesterday (Thursday) that the government had decided to remove the so-called "exemption" clauses from the Children and Social Work Bill after months of campaigning against them by organisations and prominent individuals in the children's services sector over concerns they undermined children's rights.

A statement issued by the Department for Education last night confirmed the move.

A DfE spokesperson said: "The Children and Social Work Bill makes huge steps forward in providing vulnerable children with protection to keep them safe, as well as the support they need as they prepare for adulthood. It will support and strengthen the social work profession, giving it a dedicated regulator, committed to raising professional standards.

"We have listened to concerns raised about introducing the power to innovate, which would have meant councils could test new approaches in order to support the country's most vulnerable children. In recognition of this we are not taking forward that particular aspect of the bill.?"

Campaigners and children's sector leaders welcomed the announcement.

British Association of Social Workers (BASW) chief executive Ruth Allen said: "BASW strongly opposed the exemption clauses from day one. Members were strongly against these clauses and almost 1,000 lobbied their MPs.
 
"It was clear from the start that these divisive and potentially dangerous clauses were not needed for innovation in children's services. The next step for this government has to be about engaging with the profession to secure real improvements that would enhance rather than dilute children's rights and promote good social work practice in all services."

Anna Feuchtwang, chief executive of the National Children's Bureau, added: "The government has done the right thing deciding not to press ahead with changes that threatened the rights of vulnerable children and their families.

"Councils already have the power to innovate and test new ways of supporting children, often working in partnership with charities like NCB and other parts of the voluntary and community sector. When this is well resourced and good practice is shared, it can work well.

"Fundamentally, children in care, children who have been neglected or abused, and children with special educational needs and disabilities need a universal set of entitlements so they can hold the agencies they rely on to account, no matter where they live."

Kathy Evans, chief executive of Children England, paid tribute to Carolyne Willow, director of children's rights charity Article 39, and a member of the Together for Children coalition of organisations opposing the proposals, for her work in leading the campaign of opposition.

She said: "It is excellent that Education Secretary Justine Greening has listened to the breadth of concern in the sector and has acted so decisively. This is a great testament to everyone in the sector who spoke up, signed up, submitted evidence and campaigned, especially Carolyne Willow and the Together for Children campaign."

President of the Association of Directors of Children's Services, Dave Hill, who had previously backed the exemption clause, said: "Whilst we recognise that innovation is a crucial part of enabling local authorities to work in different ways to provide services in their communities, especially at a time when budgets are severely reduced but demand is not, we also acknowledge the concerns that have been raised by the sector around the power to innovate clause in the bill."

The exemption clause provisions were intended to give councils the ability "to test different ways of working" within children's services by freeing them from "requirements imposed by children's social care legislation".

They will be formally removed from the legislation when the bill returns to the House of Commons at report stage on Tuesday (7 March).