The latest child poverty figures show a stalling of progress made in previous years, and an estimated 32 per cent of children in Wales – 192,000 children – now live in poverty in households below 60 per cent of the median income (HBAI).i
Children and young people growing up in poverty are vulnerable in many different ways. We know they are more at risk of poor health, poor educational attainment, have lower skill levels and aspirations. They are more likely to be low paid, unemployed and welfare dependent in adulthood. Although children from low income families will not universally experience these outcomes, on average, children who grow up in poverty are at a distinct disadvantage.
Children living in workless households are particularly vulnerable. Approximately half of all children in Wales who live in poverty are in workless households.
The Welsh Assembly Government (WAG) has supported the UK Government’s target to eradicate child poverty by 2020.
“The Children and Families (Wales) Measure makes statutory provision, through a legislative framework, to take forward the Welsh Assembly Government’s commitment in terms of child poverty, and to take forward early development of its strategy for vulnerable children by bringing forward legislation to provide greater support to families where children may be at risk, and strengthened regulatory enforcement in children settings.” ii
Following agreement by the National Assembly of the text of the proposed Measure, it received Royal assent on 10 February 2010. The proposed Measure is now a Measure of the National Assembly (a Welsh law).
2 - The 13 Broad Aims of the measure
The Children and Families (Wales) Measure is split into four parts,
- Part 1 – Child Poverty, Play and Participation
- Part 2 – Child Minding and Day Care for Children
- Part 3 – Integrated Family Support Teams
- Part 4 – Miscellaneous and General
This short article is aimed at helping local authorities in Wales to understand some of the implications the Children and Families (Wales) Measure 2010 has for them. It will focus particularly on the first part of the measure - child poverty, play and participation, and the actions local authorities must undertake in order to discharge their legal duty now that the measure is passed into law.
It will also look briefly at the draft Child Poverty Strategy that accompanies the Children and Families (Wales) Measure, published for consultation on 12th May 2010.
Each of the 4 sections in the measure draws on the 13 Broad Aims which try to provide strategic guidance in relation to tackling child poverty and improving outcomes for those children and young people living in low income households by focussing support on both parents and children.
The 13 Broad Aims are set out in the measure as follows iii
(a) to increase income for households including one or more children with a view to ensuring that, so far as reasonably practicable, there are no households in the relevant income group ;
(b) ensuring that, so far as reasonably practicable, children living in households in the relevant income group iv are not materially deprived;
(c) to promote and facilitate paid employment for parents of children;
(d) to provide parents of children with the skills necessary for paid employment;
(e) to reduce inequalities in educational attainment between children;
(f) to support parenting of children;
(g) to reduce inequalities in health between children and between parents of children (so far as necessary to ensure the well-being of their children);
(h) to ensure that all children grow up in decent housing;
(i) to ensure that all children grow up in safe and cohesive communities;
(j) to reduce inequalities in participation in cultural, sporting and leisure activities between children and between parents of children (so far as necessary to ensure the well-being of their children);
(k) to help young persons participate effectively in education and training;
(l) to help young persons take advantage of opportunities for employment;
(m) to help young persons participate effectively and responsibly in the life of their communities.
The scope of the Broad Aims tries to demonstrate that the causes and the effects of child poverty are complex, multifaceted and cut across a number of policy areas. Of the Broad Aims, a WAG Ministerial briefing states;
“We are clear that it is only by taking action across these areas that we will be successful in lifting our children and young people out of poverty that so adversely affects their educational, economic and health outcomes.” v
3 - Who are the Welsh authorities?
For the purposes of the measure, each of the following is a “Welsh authority”—
(a) the Welsh Ministers;
(b) a local authority;
(c) a Local Health Board;
(d) a Welsh fire and rescue authority, that is an authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 (c. 21) or a scheme to which section 4 of that Act applies;
(e) a National Park authority in Wales;
(f) the Countryside Council for Wales;
(g) the Higher Education Funding Council for Wales;
(h) the Public Health Wales National Health Service Trust;
(i) the National Museum of Wales;
(j) the Arts Council of Wales;
(k) the National Library of Wales;
(l) the Sports Council for Wales.
4 - The duty placed on public bodies
The legislative framework that is in place via the Child Poverty Act 2010 and the Children and Families (Wales) Measure 2010 means that a statutory framework stretching from the UK Government, the Welsh Assembly Government, through to local authorities and other public agencies now exists with a view to driving action to eradicate child poverty.
Part 1 of the measure places a duty on three key groups of public bodies to publish a child poverty strategy. The implications for these groups are discussed below.
4.1 - The Welsh Ministers
Part 1 section 3 of the Measure uses legislation to place a statutory duty on Welsh Ministers to publish a strategy to reduce child poverty, and to keep it under regular review. Assembly Members have agreed a three year review period.
4.2 - Local authorities
Part 1 section 4 of the Measure amends legislation in the Children Act to place a statutory duty on local authorities to publish a strategy to reduce child poverty.
In practice this means the local authority duty can be discharged through reference and actions under sections 25 and 26 of the Children Act 2004 (c. 31). Section 25 refers to the requirement for public bodies to work in partnership and section 26 the need to publish plans relating to service provision for Children and Young People. Together these sections amount to the duty placed on public bodies in the UK to develop Children and Young People’s plans.
The Children and Families (Wales) Measure amends the Children Act adding the following conditions to the publication of a strategy.
(a) Children’s services authorities in Wales must prepare and publish a plan setting out their strategy for discharging their functions in relation to children and relevant young persons. They must include in their plans;
(i) any partnership arrangements made or to be made under section 25 of the Children Act;
(ii) their own strategy and that of any partner authority (as per section 25 of the Children Act) for contributing to the eradication of child poverty under section 2 of the Children and Families (Wales) Measure 2010.
(iii) Their strategy or proposals in relation to children and relevant young persons of any partner of the authority (as per section 25 of the Children Act);
“This in practice should enhance multi agency working and support the developments of shared objectives across key agencies, mainstreaming poverty issues across all areas of service delivery for children and young people and enhancing the potential of the Children and Young Peoples Plans which are predicated on partnership working.” vi
The practical consequence of this link between the Children Act and the Children and Families (Wales) Measure is that public authorities that are members of CYPP’s are not required to produce additional stand alone strategies. The CYPP single plans that account for the 13 Broad Aims and comply with the conditions above discharge local authority duty as per the measure.
Save the Children encourages authorities to consider the viability of producing an authority wide child poverty strategy as good practice, and the child poverty solutions tool is a useful resource in taking this forward. A stand alone Council strategy is however not a legal requirement and remains the choice of the authority based on local priorities. Should an authority wish to consider developing a strategy, options authorities and partnerships may wish to consider include:
- Setting out the child poverty strategy as part of the Core Aim 7 chapter of the CYPP plan
- Developing a strategy as part of the Local Service Board’s plan which would link to the CYPP plan as appropriate
- Council corporate strategy to sit alongside a partnership plan.
4.3 - Other public bodies
Part 1 section 5 of the measure states that all of the public bodies previously listed above except for the Welsh Ministers and local authority have a duty to carry out consultation and publish child poverty strategies if:-
(a) the Welsh authority exercises functions in relation to one or more local authority areas;
(b) the Welsh authority has entered into an arrangement under section 25 of the Children Act 2004 (c. 31) with each of those local authorities.
However, the duty of these Welsh authorities to publish a strategy is considered to be discharged if the strategy is an integral part of a plan published under section 26 of the Children Act 2004 (c. 31) by each local authority with which it has entered into an arrangement under section 25 of that Act.
The Children and Families Measure states that Welsh Ministers, through the Assembly Government and the Welsh authorities identified in the Measure must prepare and publish a strategy for contributing to the eradication of child poverty in Wales. The strategy must set out clear objectives which both;
(a) relate to one or more of the 13 broad aims, and
(b) may be pursued in the exercise of the authority’s functions.
The new Child Poverty Strategy and Delivery Plan for Wales was published for consultation on the 12 May 2010. The consultation period will last for three months, ending on 12 August 2010.
The draft strategy for Wales and accompanying Delivery Plan fulfils the commitment placed on Welsh Ministers to publish a strategy to reduce child poverty, which must be kept under regular review.
The draft strategy sets out the Welsh Assembly Government’s vision for tackling child poverty in Wales and improving outcomes for children and parents living in low income families. Three new strategic child poverty objectives have been set for the Welsh Assembly Government which will provide the overarching framework for WAG action on child poverty reduction. These are;
(a) To reduce the number of workless households in Wales.
(b) To improve the skills of parents to enable them to access employment that pays well in order to tackle in work poverty.
(c) To reduce the inequalities that exist in the health, education and economic outcomes for children living in poverty, by improving the outcomes of the poorest.
The draft strategy uses the seven core aims detailed in Rights to Action vii as its overarching framework, within which the 13 Broad Aims of the Children and Families (Wales) Measure have been identified. This sets out a vision within each core aim in a move to improve approaches to aligning policy.
The Strategy’s accompanying Delivery Plan sets out existing and planned policy commitments (from across the Assembly Government) that will help deliver the WAG’s vision for tackling child poverty in Wales.
The Welsh Assembly Government has made it clear that reducing child poverty is a fundamental element of its social justice agenda. The new Child Poverty Strategy and Delivery Plan for Wales builds on the first Child Poverty Strategy, A Fair Future for our Children (published in February 2005) and the child poverty targets set out in Eradicating Child Poverty in Wales – Measuring Success (published in October 2006). In 2007, the One Wales Agreement included a number of new commitments specifically aimed at tackling child poverty.
Endnotes
i Households Below Average Income
ii http://www.assemblywales.org/bus-home/bus-legislation/bus-leg-measures/business-legislation-measures-cf.htm
iiihttp://www.opsi.gov.uk/legislation/wales/mwa2010/mwa_20100001_en_1, pp 1-2
iv The relevant income group refers to households below 60% of median income.
v Huw Lewis, Deputy Minister for Children, WRITTEN STATEMENT BY THE WELSH ASSEMBLY GOVERNMENT, Child Poverty Strategy and Delivery Plan for Wales, 11 May 2010
vi Emily Warren, Policy Officer, WLGA Briefing, Child Poverty Update February 2010, p2
vii http://new.wales.gov.uk/topics/childrenyoungpeople/publications/rightstoaction/?lang=en