Proposed Children and Families (Wales) Measure

Consultation Responses

CF43 - Children in Wales

Children in Wales is the national umbrella organisation in Wales, bringing organisations and individuals from all disciplines and sectors together. Its role is to make the United Nations Convention on the Rights of the Child a reality in Wales. Children in Wales also fights for sustainable quality services for all children and young people, and special attention for children in need, as well as ensuring children and young people have a voice in issues that affect them.

Children in Wales has around 200 organisations in membership, including the major voluntary children’s agencies, professional associations, local authorities and health bodies, as well as many smaller community groups. Children in Wales facilitates as variety of forums including a parenting forum, a disability forum, a poverty network and practice exchange groups in North and South Wales. Children in Wales works in partnership with the National Children’s Bureau in England and Children in Scotland, and internationally is active in  Eurochild and the International Forum for Child welfare.

Children in Wales welcomes this opportunity to respond to the call for written evidence on the Proposed Children and Families (Wales) Measure ahead of providing oral evidence to the NAfW Legislation Committee 2.

Consultation questions

1. Is there a need for a proposed Measure to deliver the stated objectives of:-
- Contributing to the eradication of child poverty
- Making provisions in relation to child minding and day care for children
- Establishing integrated family support teams to provide services to families where there are children who need to be, or who are, looked after, and this is related to needs on the part of their adult carers (such as dependence on drugs or alcohol) and
- Making provision for play opportunities for children?

Yes.  This is a very important first step and we consider it to have huge potential.  The Measure is ambitious in its nature with a wide scope for introducing guidance and regulations at a later date.  We strongly support the need for legislation, particularly to safeguard children’s interests in the longer term. We do however urge a considered and consultative implementation programme to which we are keen to contribute.  

We hope the Measure will be used over time as the platform for ensuring a statutory basis for the widest possible range of activity to improve the lives of children and young people in Wales.  In the longer term, our aspiration is to see a consolidated piece of Wales legislation incorporating all legislation relating to children and young people in Wales (some of which is currently non devolved), explicitly based on the United Nations Convention on the Rights of the Child and covering all aspects of their lives.

Children in Wales warmly welcomes this proposed Measure, which gives the necessary priority to addressing child poverty through statutory underpinning. Given the complexity around the causes and solutions to tackling child poverty, the multi dimensional and holistic approach taken in this Measure is to be welcomed.  Legislation will assist in focusing minds on the key national and local priorities, initiate a greater degree of urgency and commit the current and future governments, alongside the named agencies to outcome-focused solutions to improve the lives of vulnerable children and families.  With 32% of children in Wales now living in poverty, action in this area clearly needs strengthening.  

The legislative framework requiring Welsh Assembly Government Ministers and named Welsh authorities to demonstrate their contribution towards eradicating child poverty by preparing and publishing a strategy is consistent with the clear commitment given by the Welsh Assembly Government in "One Wales” to eradicate child poverty by 2020.  The eradication of child poverty has long been the key aim of the Children in Wales facilitated End Child Poverty Network Cymru, which has consistently and successfully campaigned on the issue.

Children in Wales members have always been aware that most issues detrimentally affecting children and young people’s well-being have their origins in poverty and  the Articles of the United Nations Convention on the Rights of the Child address the rights of children to develop their full potential.  The concluding observations of the UN Committee on the Rights of the Child have consistently urged the UK governments to make a concerted effort to combat child poverty.  

The Measure encourages and supports interagency working and highlights the positive role of the voluntary sector thus building on the existing Children Act 2004 which requires joint working and in the case of statutory agencies encourages pooling resources. As a multi disciplinary and multi sectoral organisation, Children in Wales has long argued the importance of a coherent approach from all agencies involved with children and young people and their families, as we know from Public Inquiry after Public Inquiry that child deaths have occurred when there is poor communication and poor joint working between agencies.

We also welcome the creation of Integrated Family Support Teams and the duties in relation to childminding and day care, play and the participation of children and young people.    Establishing Integrated Family Support Teams will mean a move away from the focussing entirely on the needs of the presenting service user / client and towards how these needs arise from or impact on the wider family. The model will also encourage early identification of problems and allow support to be provided and targeted. Any changes to the delivery of services needs to be supported by sufficient and dedicated financial resources, as without this, significant improvement in the outcomes for families and their children will not occur.  Care must also be taken not to deplete an already stretched children’s workforce.

It is essential that in times of limited resources, that every effort is made to ensure effective measurement of outcomes in order to target resources appropriately and Children in Wales regards research, monitoring and evaluation as an intrinsic part of this process.  Sufficient resources need to be allocated to this activity. It is also essential that there is a joined up inspection framework for the new developments.

2. How will the proposed Measure change what organisations do currently and   what impact will any such changes have?

The proposed Measure will only change what organisations do currently if it is backed up by sufficient resources, leadership and direction, and if the proposed national child poverty strategy is sufficiently robust with short, medium and long terms targets and outcome measures in which to monitor effective delivery.  A child poverty strategy alone will not suffice if the rationale for legislation is to ensure positive and improved outcomes for children and their families.  Further detail and clarity around the expectations, priorities and implementation of the proposed Measure is required to ensure that the ambition to eradicate child poverty is achievable and realistic within the given timeframe. Without performance indicators, monitoring outcomes will prove problematic.

We know from European experience that organisations working with children and young people do not necessarily consider themselves as contributing to the wider combating child poverty agenda, but more as service delivery or advocacy organisations within social care or health etc.  We envisage that work will be needed to communicate their vital contribution to the cross cutting aim of eliminating child poverty and to engage the hearts and minds of organisational leaders.

Establishing Integrated Family Support Teams should enhance and support interagency and partnership working across sectors and working relations between children and adults services. Clear protocols between sectors and services will need to be established in relation to leadership, areas of responsibility and funding. Sufficient long term and continuous funding will also be required if the vision within the measure to influence current working practices around holistic family support is to have the desired outcomes.  

Given that power over the benefit and tax credit system is non-devolved and remains the responsibility of the Westminster Government, this Measure will only have the desired impact on reducing the number of children and families in poverty if the necessary commitment and desire is mirrored in London. Business and employers also have a key role to play in relation to in-work poverty in addition to other welsh authorities not listed in the measure e.g. Sports Council for Wales. Presently, the UK Government are progressing with key measures contained within the recent consultation leading up to the forthcoming Child Poverty Bill, though the interface between this Measure and the Bill is somewhat unclear at present.   Nonetheless, commitments outlined within this measure in relation to child poverty are to be welcomed, and with robust monitoring, leadership and support could make real improvements to the lives of vulnerable children and families throughout Wales.

3.  Are the sections of the proposed Measure appropriate in terms of achieving the stated objectives?  Consider the nature of the provisions in the proposed Measure that :-

a) Contribute to the eradication of child poverty, sections 1 - 12, particularly in relation to:-
- The broad aims for eradicating child poverty and the preparation of strategies, section 1 - 5
- Services to tackle child poverty, section 6 - 9

Children in Wales welcomes the renewed emphasis within the Measure on the Welsh Assembly Government’s priority to eradicate child poverty and the requirement for Welsh authorities named in the Measure to demonstrate their contribution towards the 'One Wales’ goal of eradicating child poverty throughout Wales.

Placing a legislative duty to prepare and publish a strategy reinforces the message that achieving this ambitious goal requires a shared commitment and responsibility from a broader range of public agencies and that neither the Welsh Assembly nor the UK Government can tackle this complex and multi faceted agenda alone.

Whilst the Broad Aims outlined in Part 1 of the Measure are in place to enable Welsh authorities to set their objectives against 'one or more’ of the 13 listed and could helpfully be seen as a set of priority areas for activity, we would question whether such a menu of options would be more appropriately placed within guidance or as an annex to legislation. Should they form part of legislation, additional clarity will be required in relation to a number of entries e.g. a definition of 'decent’ housing [Section 1.2(h)], to ensure that the relevant welsh authorities are clear on what is required by way of activity and to help prevent avoidable inconsistencies emerging between different strategies.  Further, clarity is required in relation to the definition of eradication which the UK Government has identified as being between 5 -10%.  

Children in Wales also welcomes the requirement for Welsh Ministers to prepare, review and revise a national child poverty strategy which it is hoped includes robust milestones and targets alongside priorities which are presently not within the portfolio of the 3 ministers with lead over this measure, for example issues around transport, rurality and fuel poverty. The requirement for Welsh Ministers to lay a copy of an assessment of progress report before the NAfW in 2013 and in every third year after this date appears to be at odds with the proposed requirement for the Westminster Government to report to parliament progress in tackling child poverty on an annual basis.

Children in Wales welcomes the duty placed on local authorities for free child care places for children between the ages of 2 and 3 in specified areas which it is hoped will lead to an increase in child care provision in areas of greatest need.  It has been well documented that there is presently a shortage of quality and accessible childcare provision in Wales, which can act to frustrate parents keen to engage in paid employment and potentially lift more families above the poverty line threshold.  However, we must reiterate that a significant number of children in poverty reside outside flying start areas and there continues to be gaps in provision for children of secondary school age, for disabled children and for parents between the end of the maternity period and when the child is 2.  With the UK Government’s drive to get more lone parents back into work through changes outlined within the welfare reform programme, the availability of additional quality childcare places is urgently required.

Health support services, currently funded through Cymorth and Flying Start grant programmes which will encourage the healthy development of children and young people should also have a positive impact on reducing health inequalities. However this support will again be targeted on certain areas and will not benefit those families who live in small pockets of deprivation within a more affluent community.

The Measure indicates that the provisions will "seek to place in a statutory context activity currently funded through the Flying Start grant programme”. The Measure also gives scope for Ministers to preserve projects that had been funded through Cymorth.  This is very welcome.

b) Make provision in relation to child minding and day care for children, sections 13 - 48, particularly in relation to the
- Registration provision, section 13-27
- Emergency protection provision, section 28 - 29
- Safeguarding and disqualification provision, section 30 - 33
- Inspection provision, section 34 - 35,
- Offences and penalty provisions, section 38 - 43

Section 13 allows Welsh Ministers to make adjustments to the legislative schemes for registration while at the same time giving discretion to keep the current definitions of childminding and day care as in the Children Act 1989 or to make changes following consultations with stakeholders. This is a positive move. Other positive changes include regulations which deal with complaints and supervision of staff; and provisions for the cancellation and suspension of registration. All of these provisions will aid CSSIW to ensure a high standard of provision is maintained.

The protection if children in an emergency will allow CSSIW to vary or remove existing conditions or add new conditions where there is risk of harm to a child. The provision for inspection to be organised by Her Majesty’s Chief Inspector of Education and Training in Wales is also a positive move.

The provision of penalty notices is supported as it allows for a quick and proportionate response to a regulatory breach without the need to go to court. Overall, the proposed changes in this section should provide greater clarity to the regulation and registration of day care for the under 8s.

c) Establish integrated family support teams (section 49 - 58) particularly in relation to:-
- Teams, section 49 - 52
- Boards, section 53 - 54
- Annual reports, section 56

Children in Wales fully supports the duty being placed on local authorities to establish one or more integrated family support teams in their area with a further requirement on Local Health Boards to participate in their creation. The renewed emphasis on prevention and for services to provide holistic family support is to be welcomed and it is hoped should reduce the need to access more intensive and costly services at a later date, and of children being placed in care, or remaining 'looked after’ longer than would otherwise be necessary.  It is equally important that the emotional well-being of children is not lost.

The creation of IFST should complement existing family support services, where they exist, and ensure a multi-agency approach, utilising the expertise within the voluntary sector to secure a package of support for vulnerable families in relation to the specific functions of the Teams as outlined within the Measure.  Though resources for the three pioneer projects have been secured, the potential roll out of IFST’s across all 22 local authorities will inevitably require additional resources and investment.  Given the present challenging financial climate and fiscal constraints, some assurance will be required to ensure the vision as outlined in the measure is achievable with services sustainable and embedded in the longer term.  

Regarding the workforce, reassurance is required that sufficient numbers of qualified and experienced staff will be located to ensure the effectiveness of the service and to address any initial fears over sufficient capacity to meet the demand. Currently there are major resource issues in some of the designated areas, such as in domestic violence services focussing on children in refuges.

Children in Wales also strongly urges the need for training workers in adult services so that they adhere to the principles contained within the children’s legislation of 'the welfare of the child being 'paramount’’ and also to the principles of the United Nations Convention on the Rights of the Child.

Many local authorities already have different models of integrated working with families such as "Team around the Child” which has the potential to bring in adult and care services to the partnership.  Change through legislation may act as a lever to strengthen partnership working and existing cross sector arrangements and potentially lead to significant improvements for children.  It would be effective if proposals in relation to parenting were underpinned by a comprehensive strategy to give leadership and direction to parenting and ensure that services funded were comprehensive and consistent between different local authority areas.  

The role of the Boards in ensuring the effectiveness of the IFST and providing strong governance should help ensure that the Teams are effective in their functions and provide the positive outcomes for children and their families with complex needs. The requirement to develop a report should ensure accountability and transparency, and be a measure of their effectiveness. It is critical that the creation of the boards adds value and perform a strategic and managerial function, and that cross-local authority cooperation and information sharing is achievable.

Children in Wales campaigned to have Youth Offending Teams included as one of the named bodies required to co-operate in the Children Act 2006 and we believe that the youth justice sector should be integral to this Measure because children and young people in the youth justice system are invariably the same children and young people as those suffering from social deprivation and poverty. A classic overlap is the high percentage of children 'looked after’ who are in the criminal justice system. There should be a direct read over between the partner agencies listed in the Children Act 2004 and those in the Measure, with the linkage between other relevant sectors, such as education and housing being made.

Finally, the definition of 'abuse’ as outlined in Section 50 (12) should correspond with the one outlined within the All Wales Child Protection Procedures, and additional clarity is required in relation to the definition of 'family’ as outlined in Section 50 (7).

d) Secure sufficient play opportunities for children (section 60)

Children in Wales welcomes the duty placed on local authorities to undertake an assessments of the sufficiency of play opportunities within their area, which includes having regard to the needs of disabled children and children of different ages. However, the further requirement to secure sufficient play opportunities in their area for children, having regard to the assessment requires further clarity given that the definition of 'sufficient’ as outlined in the measure is open to ambiguity and is not suitably robust enough for local authority activities to be effectively monitored or evaluated.  

Play provision has for long been a peripheral service despite the recurring importance children and young people of all ages place on play activity, including open play space. The inclusion of play in this Measure is therefore particularly welcome and could contribute to raising the status and profile of the play workforce and meet the requirements set out in Article 31 of the UNCRC.

e)Ensure participation of children in local authority decision making    

Children in Wales welcomes the duty placed on local authorities to enable children to participate in decisions which affect them which reflects the Welsh Assembly governments commitments in relation to the UNCRC and will place the existing participation guidance on a statutory footing.  Consistent monitoring arrangement will again need to be in place, to ensure that the participation activity meets the required minimum standards as outlined in the all Wales participation standards.

Children in Wales would like to stress the need to ensure that the essence of Article 12 is captured to ensure that every child and young person has a voice and is heard.  Enshrining the participation of children and young people in law should help progress the good practice recognised across Wales and provide the impetuous for others to make progress in this area at a faster pace

4. What are the potential barriers to implementing the provisions of the proposed Measure and does the proposed Measure take account of them? e.g. is there capacity to implement the new duties in the proposed Measure through the existing programmes of Cymorth and Flying Start, and to undertake the work of the new Integrated Family Support Teams?

Implementing the new duties of the proposed Measure through the existing programmes of Cymorth and Flying Start alone without any additional resources will prove inefficient and may act as a barrier to implementing the duties set out in this Measure. In addition, implementing the chid poverty strategies will require effective leadership and partnership working at a local and regional level.  The working practices and arrangement of the IFST will require sufficient time for implementation

5. What are the financial implications for the proposed Measure for organisations, if any? In answering this question you may wish to consider Section 2 of the Explanatory Memorandum which estimates the costs and benefits of implementation of the proposed Measure.

The financial implications of introducing legislation requiring Welsh Authorities to prepare and publish a strategy for contributing to the eradication of child poverty will have resource implications for the Child Poverty Unit within the Welsh Assembly Government. The unit will have to be strengthened to deliver this statutory strategy and this will involve greater financial outlay than is presently being proposed.

Theoretically no financial burden will be placed on local authorities in developing child poverty strategies, as there is presently a statutory duty to develop and publish Children and Young People’s Plan. However there will be a financial burden on Welsh Authorities who are not covered under section 25 of the Children Act 2004. It is hoped that these costs will be minimal and can be met within existing allocations or this will put extra burdens on the Authorities.

A financial cost will be incurred with the introduction of the Integrated Family Support Teams and this is accepted, but it is hoped that the increase in services which focus on early intervention and prevention will reduce the need for the more expensive specialists services at a later date.

6. Are there any other comments you wish to make about specific sections of the proposed Measure?

For our members, the mandatory Single Children’s Plan should continue to be the key method of identifying need and planning services and all aspects of the Measure should link in to this Plan.