DfE ‘missed out’ responses in children’s social care exemptions consultation
Fiona Simpson
Wednesday, September 9, 2020
The Department for Education has amended the results of a consultation into the extension of children’s social care exemptions after critics raised concerns that some responses had not been included in the outcome.
A document published by DfE on 28 August revealed a handful of exemptions to children’s social care regulations introduced via the Adoption and Children (Coronavirus) (Amendment) Regulations 2020 in April would be extended until March 2021.
The original document stated that there had been 189 responses to the three-week consultation of which the majority agreed with plans to extend exemptions.
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However, it stated that "the consultation received a number of 'campaign responses', these are organised responses to influence the results of the consultation".
The number of respondents replying directly to questions on each of the DfE’s five proposals also appeared lower than the 189 respondents total.
Critics raised concerns that so-called “campaign responses” had been “excluded from the tabulation of respondents and have been ignored in counting the responses to the questions asked”.
After CYP Now put these concerns to the DfE, it has now published a revised document.
A statement highlighting the publication of the revised document on the DfE website says it has been “updated to reflect all responses received by email as well as responses received directly through the online platform. This does not make a significant difference to the outcome of the consultation.”
A spokeswoman today clarified that the DfE classes responses submitted by email as “campaign responses” and admitted that while these were included in the overall figure of 189 responses, “some of these weren’t reflected in some of the questions”.
“It means the total number of responses hasn’t changed but some of the response rates have increased incrementally,” the spokeswoman said.
The revised document states: “All campaign responses were recorded as individual responses.”
Amendments to legislation which have now been extended 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.
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 changes, also known as Statutory Instrument 445, were set to lapse on 25 September.
The revised document also now includes further detail of responses submitted via email stating that “approximately half of those who disagreed [with the extension of suspended Ofsted visits] were campaign responses and many cited the same reason, ‘inspections of all settings and services is critical and essential component of safeguarding’.”
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It adds that when asked whether around 55 remaining exemptions, which are due to expire on 25 September, should expire immediately, “approximately 15 per cent of the total respondents commented all regulations should expire immediately - these were almost all campaign responses.”
The revised document is the latest in a string of controversies surrounding SI445.
Children’s rights charity Article 39 is awaiting the result of a Court of Appeal hearing following an unsuccessful judicial review to have all of the amendments revoked.
The hearing took place last week after the charity was granted an expedited appeal over the DfE’s failure to consult the children’s commissioner for England over the changes with Court of Appeal judge Lady Justice Macur saying it has a “real prospect of success”.
Following the judicial review, High Court judge 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.
Critics also claimed the government’s wording of the consultation seeking to extend some of the exemptions was “invalid”.
A review, written by eight academics specialising in social work, claimed that consultation documents, including the survey, may “influence consultation responses”.
Its design may have “seriously compromised the validity of any data gathered through it”, the report added.