12. Debate: The Children's Commissioner for Wales Annual Report 2019-20

Part of the debate – in the Senedd at 6:45 pm on 20 October 2020.

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Photo of Julie Morgan Julie Morgan Labour 6:45, 20 October 2020

Before I turn to the recommendations, it's important to remind ourselves that the commissioner has corporate sole status, and is an independent human rights institution, who holds the Welsh Government to account through a number of routes. She has powers to review the effect on children of the exercise—or the proposed exercise—of any function of Welsh Ministers, the First Minister for Wales, or the Counsel General to the Welsh Government, including any subordinate legislation they make or propose to make. And you will be aware that the commissioner has decided to use her formal powers in relation to elective home education and safeguarding in independent schools. The Welsh Government will respond to that review when required, through the formal process, and I won't be discussing the review whilst it's ongoing.

In this year's annual report, the commissioner has set out 18 recommendations: five relate to care experienced children, including reforming corporate parenting, the criminalisation of children in care, safe accommodation of children with complex needs, access to personal advisors, and semi-independent supported living for care leavers. Other recommendations focus on youth justice services, health advocacy and health transitions and mental health, as well as child sexual exploitation statutory guidance for vulnerable children and young people, and publication of the child poverty review findings.

The commissioner has made three recommendations relating to schools, including investigations into allegations of child abuse against teaching staff, guidance for governing bodies on disciplinary and dismissal procedures, and independent schools registering with the Education Workforce Council, as well as a recommendation related to laying the additional learning needs code of practice.

It's important to note, and I know the children's commissioner understands, that a number of the recommendations she has put forward are linked to work that has been paused or reprioritised as a result of the coronavirus pandemic. Redeploying Welsh Government officials, or reprioritising some areas of work, have been necessary consequences of the pandemic, and have sadly but unavoidably meant that some activity has not been progressed to original timescales.

We do share substantial common ground with the commissioner. We have and will continue to work with her and others to enable children and young people to realise their rights. And I'd like to thank David Melding for chairing the corporate parenting task and finish group, which is developing a voluntary charter that organisations can sign up to, setting out their unique offer for care experienced children. And I'd like to use this opportunity to pay tribute to the work that David has done for children, and particularly for children who are looked after.

And of course, the mental health and well-being of children and young people remains a priority. Building on the work of the Children, Young People and Education Committee's report, 'Mind over matter', we've been determined to push ahead with a whole-school approach to the well-being framework. Coronavirus has delayed the consultation by a few months. However, initial findings are being considered by the task and finish group, ahead of finalising publication.

The commissioner published her 'No Wrong Door' report in March this year, which focused on bringing services together to meet children's needs and stop situations where different professionals cannot agree who is responsible for the care of children and young people with complex needs. The commissioner has called on the Welsh Government to respond to the recommendations outlined in her report, and we're keen to make progress on this issue.

The First Minister will publish the Welsh Government's response to the commissioner's annual report by 30 November, taking into account what Members say in this debate. The commissioner's approach, as stated in her report, has always been to respond to the Welsh Government as a critical friend, to challenge robustly where necessary, but to welcome and acknowledge positive developments. And I should like to take this opportunity to thank the children's commissioner for her role in being a critical friend to the Welsh Government. And this has been of particular value in the last eight months whilst we've responded to the pandemic in Wales and where we've strived to recognise and mitigate the impact of the pandemic on children and young people. The commissioner has been very supportive in challenging and advising the Welsh Government on our responses to the pandemic and how we've had to balance keeping children safe with respecting and protecting their rights. While some of those decisions have not been easy, I am proud of the way the Welsh Government has pulled together to keep children and young people and their rights at the forefront of decision making, and particularly the emphasis that's been given to vulnerable children during this time.

With all that's happened during 2020, we should remember that it was only a year ago that we were celebrating the thirtieth anniversary of the United Nations Convention on the Rights of the Child—a major milestone for children's rights. And finally, I want to restate that the UNCRC continues to be the basis for all our policies for children: it's central to our work to improve children's outcomes by helping and supporting them to achieve their full potential. We want to build on our achievements so far to ensure that Wales is a place where children's rights are respected, protected and fulfilled. Thank you.