Magistrates issue 'exemption clause' warning

The controversial measures were thrown out by members of the House of Lords last year but amended proposals have been drafted by government and could be re-introduced to the bill imminently, with MPs meeting to discuss the legislation this week.

Ahead of today's committee stage hearing of the bill, the Magistrates Association has announced it shares concerns raised by Lords and the Together for Children group, a coalition of around 40 children's organisations, that allowing councils to opt out of legislation may leave looked-after children more vulnerable.

In a statement the association said that despite amendments made by the government to the opt-out plans, "there remain considerable concerns."

"The association echoes the comments in the Lords that nothing can be more important than the safeguarding and protection of children, especially those who are at greatest risk or are the most vulnerable.

"The association understands the protections afforded to children, and the legislation under which these can be found, to be an interdependent body of work, with a connected and cohesive nature. This would be at risk in light of potential exemptions.

"Those on the front line of children's social care services have not identified the provisions provided in the new clause as necessary, and point to the flexibility already afforded under the current system."

In particular, the association believes the measures could undermine recommendations made in the Laming Review into children in care's involvement in the justice system to tackle their "disproportionate criminalisation".

Magistrates say fulfilling this recommendation would require "more consistent support, early intervention and joint working within children's social care and services", all of which could be affected if councils are allowed to opt out of children's law.

The statement adds that: "It is concerning that the proposed changes may limit the consistent and full implementation of recommendations in that review."

Magistrates also share Together for Children and Lords concerns that the exemption plans have not been properly evidenced.

"The association supports arguments that any such clause should only be implemented on the strongest evidence that such fundamental changes respond to an identified need and are in the best interests of children.

"The association would encourage the government to source independent research on the validity and need for these provisions before introducing any such innovation clause."  

The proposed government amendments would continue to allow councils to opt out of legal requirements but stipulates this must not include child protection areas.

Last month Children England chief executive Kathy Evans said the changes had done little to dampen fears that the bill would "create a patchwork of inconsistent rights and duties for children".