Timpson vows to examine children's commissioner ‘exemption' clause

Provisions contained in the Children and Social Work Bill, which was laid before parliament last week, will give the Education Secretary the power to "exempt a local authority in England from a requirement imposed by children's social care legislation".

This includes the Children’s Act 2004, which contains legislation relating to the Office of the Children’s Commissioner for England and their power to conduct inquiries, enter premises, carry out interviews, and observe standards.

Appearing before the education select committee today, which is conducting an inquiry into the role of the children’s commissioner, Timpson was asked by committee chair Neil Carmichael MP whether the proposed legislation could impact on the powers of the children’s commissioner.

“No, I don’t believe it does limit the powers of the children’s commissioner,” Timpson said.

“We have made sure that [the children's commissioner] will have in legislation a requirement to be consulted on any changes that are proposed by local authorities and then considered by government and parliament.

“What I’m happy to do is look carefully at that aspect of the clause both through its passage in the Lords and when it comes to [the House of Commons] in due course.”

Timpson said the legislation is “specifically designed not to be a prescriptive approach by government as to what local authorities can and can’t exempt themselves from”.

“It is a power for local authorities to innovate – a power that they have called for themselves,” he said.

“As the bill goes through its introductory phases in the House of Lords, what will be established is some of the specific asks that some local authorities have already thrown in our direction.

“What’s important is it gives a level of flexibility for local authorities to redesign services the way they think will best serve children.”

Timpson also suggested that the fact that proposals for exemptions by councils would have to be agreed by MPs would ensure proper scrutiny.

Local authorities will only be able to have proposed exemptions granted if they are approved by the House of Commons through a procedure called affirmative resolution.

“I think that’s an important safeguard, so that parliament can be confident that changes to their responsibilities are based around that very strong principle of making sure that it keeps children safer and in better care,” Timpson said.

Timpson was also asked whether he believes the children's commissioner should be afforded additional powers, specifically an enforcement capability, something called for by current commissioner Anne Longfield when she appeared before the committee at an earlier session.

“I think it is right to point out that the children’s commissioner is not a policymaker – that is the government’s role," Timpson said.

"And like every other children's commissioner around the world, including the very first one in Norway, none of them have an enforcement power. They don’t have the democratic authority to do that.

"But where they can be extremely effective is through gathering the views of children, advocating on their behalf, and influencing government policy. There are some good examples of both how the previous and current children's commissioner have already done that, with concrete changes to government policy, based not solely on the work of the children's commissioner, but very significantly on it.

"So there are still ways they can achieve change that's better for children without enforcement powers."

Timpson was also asked about Longfield's view that the Office of the Children's Commissioner should be located within the Cabinet Office rather than the Department for Education in order to have a wider influence on government.

"I think that there is a good fit between the children's commissioner and the department responsible for children and families as the effective host department," Timpson said.

"It hasn't fettered, as far as I am aware, any ability for the children's commissioner to engage with other government departments."