DfE 'encouraging councils to shirk legal duties'

The document, Children's Social Care statutory guidance myth busting, which has been published on the government's social care innovation website, highlights a number of elements of statutory guidance that "act as a barrier to good practice and outcomes for children and families".

It cites examples of statutory guidance that is "either misunderstood or perceived to limit local authorities from testing new ways of working", such as elements of Working Together to Safeguard Children 2018.

The notice includes advice on questions such as whether it is lawful to have one social worker for children and foster carers when a child is in a stable, long-term placement, how often supervising social workers have to visit children, and whether children who go missing always require an independent return home interview.

Its publication comes 18 months after the government scrapped controversial plans to allow councils to apply for exemptions from social care legislation.

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In an open letter to children's minister Nadhim Zahawi, campaign group Together for Children, which successfully fought the so-called "exemption clause" last year, said that parts of the guidance are incorrect and risk harming vulnerable children and those caring for them by encouraging councils to act in contravention of their legal duties.

The letter is signed by 50 organisations and social work experts including British Association of Social Workers England, Children England, the Independent Children's Home Association, The Fostering Network, The Care Leavers' Association, and two former children's commissioners for England - Maggie Atkinson and Sir Al Aynsley-Green.

"Several parts of the document incorrectly describe the statutory framework for England's care system," states the letter.

"Following legal advice, we ask that these sections be immediately withdrawn to avoid the risk of confusion and to prevent any harmful effects on vulnerable children and young people, and those caring for them.

"It is of utmost importance that legal certainty be maintained when it comes to the care and protection of vulnerable children and young people looked after by local authorities.

"To frame as ‘myths' a series of questions about the care system's statutory framework is unhelpful. This is because it gives the impression that key parts of current social work knowledge and understanding are untruths."

The letter adds: "There are statements in the document which undoubtedly run counter to the current statutory framework. Whether intended or not, this could be construed as an encouragement to local authorities to act in contravention of the statutory framework."

Specific concerns are that the document indicates that councils could appoint one social worker for both foster carers and a child in a long-term placement rather than have separate roles.

The letter states that "we contend that this is not a correct interpretation of the statutory framework".

The campaigners are also concerned that the document indicates that personal advisers for care leavers could also take on the role of supervising social worker.

Further concerns are raised that the document suggests that the number of statutory visits a social worker must make to children in placements could be reduced.

Carolyne Willow director of children's rights organisation Article 39, one of the signatories of the letter, said: "This so-called ‘myth busting' guide is yet another attempt at weakening the legal framework underpinning children's social care, particularly the care system.

"Safeguards that have evolved over many decades, often in response to terrible harms suffered by children in care and care leavers, should not be treated so frivolously as to be framed as ‘myths'."

The Department for Education has been contacted for comment.