'No specific requests' to relax statutory duties to vulnerable children made by sector, FOI request reveals
Fiona Simpson
Thursday, June 25, 2020
“No specific requests” for changes to statutory duties relating to vulnerable children during the coronavirus crisis were made by the sector, the results of a Freedom of Information request reveal, despite the Education Secretary claiming that organisations had asked “specifically” for some flexibilities.
The government passed emergency legislation to relax and remove safeguards to children in care and on the edge of care on April 24, bypassing the usual 21-day consultation period and parliamentary scrutiny.
The controversial changes brought in via The Adoption and Children (Coronavirus)(Amendment) Regulations 2020, also known as Statutory Instrument 1445, include the relaxation of timescales and safeguards relating to fostering and adoption processes, the removal of timescales surrounding mandatory visits to looked-after children by social workers and the relaxation of expected standards of care in children’s home.
When quizzed on the amendments in parliament by Labour’s shadow minister for children and early years Tulip Siddiq in May, Education Secretary Gavin Williamson said: “The sector had asked specifically to make sure there were some flexibilities that were made available to them.”
However, the results of a Freedom of Information request asking for the names of organisations who had called for changes states: “There were no requests for specific changes as it is not standard practice for organisations to request specific changes to regulations.”
On 26th April I submitted an FOI request regarding the Government's consultations prior to them removing/diluting 65 protections for children in care overnight, the tweets below contain their entire response. It states that there was no formal consultation.#ScrapSI445 pic.twitter.com/hE1F6IgQDH
— John Radoux #ScrapSI445 (@JohnRadoux) June 24, 2020
It adds: “The department sought views from the sector about potential pressures in the system and whether local authorities and providers could meet current regulatory requirements given the potential for significant staffing shortages at that time. This included what flexibilities were most needed in order to enable them to continue their primary obligations in the best interests of the children. All feedback provided to us was used to inform changes to the regulations.”
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The response to the FOI, which was submitted to the DfE by child therapist John Radoux, who works with looked-after children, also confirms that no formal consultation over the changes took place.
However, a memorandum published by children’s minister Vicky Ford alongside the amendments states three times that organisations and local authorities across the sector were consulted “informally” over the changes.
Ford also writes: “Key stakeholders across the children’s social care sector were consulted including Ofsted, the Association of Directors of Children’s Services, the Local Government Association, Principal Social Workers and Practice Leaders in local authority children’s social care.”
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As part of its response to the FOI request, the DfE published a list of sector organisations, charities and local authorities it said had “either commented on specific proposals developed by DfE; suggested possible changes; or were party to email correspondence on these matters”.
However, it would not release details of such correspondence.
Radoux said: “[The response] raises serious questions about whether the government is being honest about their motivations for removing and diluting 65 protections for children in care and, indeed, whether they really intend for this to be temporary.”
#ScrapSI445 DfE states in FOI response today that there were *no* requests for specific changes to law: "There were no requests for specific changes as it is not standard practice for organisations to request specific changes to Regulations". But see official Explanatory Memo ⬇️ https://t.co/1ag9tHq9Nm pic.twitter.com/l4ovWoun6T
— Article 39 (@article_39) June 24, 2020
Carolyne Willow, director of children’s rights charity Article 39, which has launched legal action against the DfE over the amendments, shared an extract of Ford’s memorandum on Twitter and wrote: “DfE states in FOI response today that there were no requests for specific changes to law: "There were no requests for specific changes as it is not standard practice for organisations to request specific changes to Regulations". But see official explanatory memo.”
The DfE declined to comment.
