LFYP and Matrix Chambers Discussion Event - Care Matters: Assessing the Green Paper and Making It Work - Themes for Discussion
The “Care Matters: Transforming the Lives of Children and Young People in Care” Green Paper acknowledges that outcomes for children in care are unacceptable and it makes numerous proposals for reform.
The aim of this discussion event is not to discuss the detail of each and every proposed reform, but to focus on a number of “themes” which centre on the voice of the child and the ability of the child to access the law.
The discussion event will therefore focus on 5 key issues. We are really pleased that you will be attending our event and hope that you will join the debate. At the conclusion of the event, it is hoped that we will have some agreed points to place before the DFES.
The issues for debate are:-
The role of the Independent Reviewing Officer
The Green Paper:
Recognises there have not yet been any IRO referrals to CAFCASS as per s118 of the Adoption and Children Act 2002.
Recognises the need to strengthen the role of the IRO and for the IRO to achieve a greater degree of independence.
Proposes that the IRO is employed by an independent agency
As there are huge barriers for Looked After children (“LAC”) in accessing the law, the role of the IRO can be crucial as, whilst legal services for children in care are scarce, it can be the only real route for LAC to obtain independent advice.
For discussion:
Should the role of the IRO be totally removed from the Local Authority and will this make a difference to LAC?
How can the role of the IRO be strengthened?
If there is an increase in referrals to CAFCASS, is CAFCASS able to deal with the demand?
What about cases outside the scope of CAFCASS, (such as Contact, Specific Issue etc. cases) which are not Judicial Review or Human Rights matters?
Advocacy
The Green Paper:
Recognises the need for LAC to access “independent services”, whether they are advocacy or independent visitor schemes. Note, does this also mean legal services?
Proposes the Independent Visitor scheme be revitalized to provide advocacy and for the role to be renamed as “Independent Advocates”.
For discussion:
Should every LAC have an Advocate?
If so, are services in place to manage this?
Will the role of “Independent Advocate” differ to the advocacy role under s.119 Adoption and Children Act 2002?
What provision is there for training “Independent Advocates”?
Should this be a local or centralized function?
To whom should Independent Advocates refer intractable issues?
Is the legal profession geared to cope?
Education
The Green Paper:
Recognises LAC have low educational attainment due to, amongst other things: lack of early years education provision, increased changes of school and being out of school, the failure of schools to recognize the needs of LAC and the lack of parental encouragement and challenge to schools about education provision.
Proposes improved training to foster carers in early years provision, improving admissions procedures to favour children in care, creating a presumption that LAC do not move schools in years 10 -11, plus providing free transport to enable LAC to stay in an existing move post placement change.
For discussion:
Should specific provision be made to assist LAC access help with Special Educational Needs particularly in light of the disadvantage LAC have in challenging SEN issues through schools and SENDIST?
The inherent conflict for the Local Authority, as corporate parent for a LAC with SEN.
Are adequate mechanisms in place for LAC to challenge if the admissions requirements and other new provisions to benefit LAC are not followed by schools?
Should Social Workers receive additional training to help them understand the education law framework and their role?
Placements and leaving care:
The Green Paper:
Recognises that children, who are placed out of their local authority area (which is almost a third of children in care) and those who have experienced a number of moves, are less likely to succeed in education.
Recognises the need to increase choice and improve the consistency across the UK of the commissioning of placements.
Proposes foster care as a career option by creating a national qualification for foster and residential carers including a Foundation Degree as “children in care expert practitioner”.
Proposes an increase in foster placements plus a recruitment campaign.
Proposes improving the quality of residential care.
Proposes giving LAC a veto over decisions about leaving care before 18-years and to allow young people to remain in foster placements up to the age of 25-years.
For discussion:
Do the proposals regarding increasing choice and availability of foster placements go far enough, are they workable and are services in place to support additional placements?
What provision is in place to enable LAC to challenge proposed changes of placement, to mediate issues with foster carers and/or residential units when things go wrong?
Care leavers: do these provisions go far enough and what else can be done to make the transition from care more successful for the young person?
Mechanisms to challenge
The Green Paper:
Addresses the important issue of the voice of the child by “strengthening” the role of the IRO and creating the proposed “Independent Advocates”.
For discussion:
Is this enough? Will this mean that every LAC in the UK will have access to early independent advice to ensure early resolution of problems?
Is the legal profession doing enough to ensure LAC can access early legal advice easily?
Should more solicitors be focusing on this as an area of law?
If so, how will it ever be financially viable to encourage law firms to undertake the work?