Children’s social care exemptions extended after consultation

The extended relaxations of legislation around safeguards and protections to vulnerable children will allow medical reports on prospective foster carers and adopters to be approved at a later date and permit visits between social workers and children to take place virtually when local lockdowns or self-isolation make in-person visits impossible. 

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The extension will also see Ofsted’s return to full inspections of children’s social care settings including children’s homes and private foster care agencies pushed back until March 2021.

The amendments were introduced in April as part of a raft of changes brought in via the Adoption and Children (Coronavirus) (Amendment) Regulations 2020, also known as Statutory Instrument 445, in response to the coronavirus pandemic.

Around 55 further changes are set to lapse on 25 September, the government has said.

A three-week consultation into the extension of the amendments drew 189 responses from local authorities, individuals, charities and organisations working with vulnerable children.

A document detailing the outcome of the review states: “A majority of responses were in favour of each of the proposals to extend individual regulations on medical reports, virtual visits, and the continued suspension of the regular cycle of Ofsted inspections of children’s services providers. The majority of responses also agreed that all other temporary flexibilities introduced in April 2020 should lapse and the need to introduce additional safeguards.” 

It adds that “local authorities commented the flexibilities had been rarely applied and only with management oversight”.

Figures published alongside the document show that exemptions were used 387 times by 80 local authorities between May and mid-August. 

The most used exemptions related to foster and adoption panels and assessments, reduced visits to children’s home and emergency foster care placements. 

Some 45 children were temporarily placed with a relative, friend or other person connected with the child without the usual checks between June and August, figures show.

The document also reveals that children from four local authorities were consulted over a proposed extension of virtual visits by social workers.

“Several shared that they were grateful to have been able to have virtual contact during this time but that they prefer face to face contact and hope to be able to resume that when it is safe to do so,” it states.

The document also acknowledges criticism of the changes and the introduction of such without consultation as emergency legislation saying: “Many consultees also raised concerns in the way the regulations were introduced, and many felt the regulations should not be extended and should be revoked immediately.”

The conclusion of the consultation comes ahead of a Court of Appeal hearing tomorrow (4 September) over the results of a judicial review launched by children’s rights charity Article 39 during which a judge dismissed the organisation’s calls to scrap the amendments.

However, during her ruling Mrs Justice Lieven said had such changes been introduced in “normal times” that a lack of consultation, particularly failing to consult the children’s commissioner for England, may have been judged as unlawful.

The charity was granted an expedited appeal over the DfE’s failure to consult the commissioner with Court of Appeal judge Lady Justice Macur saying it has a “real prospect of success”.

Article 39 has now said it opposes the further extension of some deregulations, particularly surrounding the suspension of Ofsted visits.

Carolyne Willow, director of Article 39, said: “That the Department for Education has made these revisions after our legal challenge, and the strong opposition from many organisations and social care experts, including care-experienced people, shows the value of open and transparent policy making.”

The organisation has also revealed that DfE opposed its application for a so-called cost cap of £3,000 to be placed to the legal proceedings.

The Court of Appeal has now placed a cap on proceedings at £10,000 plus VAT adding “several thousands to the cost risk faced by Article 39”, said Willow.

The charity has so-far raised more than £12,000 as part of an online crowdfunding campaign to fund the legal challenge.

Willow added: “We have been bowled over by the generosity of individuals who have donated to our CrowdJustice appeal. But that was never intended to meet all of our costs.

“We remain convinced that the Department for Education had sufficient time and opportunity to undertake some form of public consultation, and to seek the views of the children’s commissioner – our country’s statutory children’s rights body. Private and confidential exchanges took place between the Department for Education and local authorities and providers.

“We fear the High Court judgment could be used to justify side-stepping the children’s commissioner and public consultation in other circumstances.”

Ray Jones, social worker and emeritus professor of social work at Kingston University, accused the DfE of “seeking to intimidate and undermine” Article 39.

“It reinforces the concerns about the values of ministers and civil servants who are advising ministers,” he said.

The Department for Education has been contacted for comment.