Education and Adoption Bill (Second sitting)
(Limited Text - Ministerial Extracts only)
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Louise Haigh (Sheffield, Heeley) (Lab)
Q 14 Annie, you mentioned the inter-agency barriers that still exist. Could you confirm that the Bill actually does nothing to address any of those barriers other than creating bigger agencies? Secondly, to the whole panel, do you think that this will actually restrict choice for adopters in terms of agencies at a local level?
Annie Crombie: On the inter-agency point, the policy around regional adoption agencies would bring together a number of local authorities. At the moment, if a local authority purchases an adopter from another local authority or from a voluntary adoption agency, it pays for that adoptive placement. It pays the same amount whether it is to a local authority or a voluntary adoption agency. That levelling of the amount paid is an achievement of fairly recent years, and it has meant a great deal in terms of sustaining the participation of the voluntary sector. It cannot afford to do the work it does unless it gets paid a fair price. That has also been an achievement because it has ensured that local authorities would not look more favourably on another local authority placement just because it was cheaper, and genuinely think about which is best for the children.
A regional adoption agency—while it has reasonably not yet been worked out what that would look like—will probably change the way in which money changes hands when a child is placed from one local authority with an adopter. It might mean being placed elsewhere with an adoptive parent approved by a different part of the region. It might mean there is a single adopter, approver and recruitment arm in a regional adoption agency and so all of those adopters feel free to you. That could be a really good thing because there will be a much bigger pool and there will not be any financial barriers stopping the placement of a child with a particular adopter. The risk for the voluntary sector is that if it is not part of that, suddenly the cost drivers change and the placement feels very expensive again. That is why it is so important that we think about how the voluntary agencies can continue to be part of the landscape and part of the regional agencies.
Carol Homden: On your point about choice, there are some areas, with reference to the previous question, where in practice there is no choice. There is a local authority agency and I’m sure it works in the full best interests to meet the needs of those adopters, but generally, choice is a positive thing in any system. It tends to drive quality and, in a digital era where, for example, people can search for information on adoption first, they are better able to make a judgment and to find an agency with which they feel comfortable. An adopter is making a life-changing, lifelong decision. They need to have full confidence and trust in the particular social worker or group of social workers that they are working with. It is a risk to us if this reform process leads to a reduction in choice across boundaries, particularly given that there is generally a much higher level of engagement from and satisfaction of adopters from the first call to voluntary adoption agencies, which deepens through the process, including with post-adoption support. The point needs to be about protecting equality and choice in whatever arrangements we make.
Sir Martin Narey: The only thing that I would like to add is that the really important choice element in adoption is the choice of child. These arrangements will significantly increase the choice of children for adopters. At the moment, if a prospective adopter is unlucky enough to be living in one of the 20 local authorities that dealt with fewer than 20 adoptions last year or in a local authority where there are already many more adopters than children, it will be very difficult to get a child. The future is finding the best parents for adopted children, wherever they are. You are taking evidence later from Adoption Link. I think that is an incredibly good initiative, which is opening up the prospect of searching beyond regions to find the very best possible adopters. I am sure this will improve adopter choice significantly.
The Minister for Children and Families (Edward Timpson)
Q 15 Carol very helpfully set out some guiding principles on what should underpin the development of regional adoption agencies to make sure that they are driving the excellence that we want to see, as we have set out in our “Regionalising adoption” paper. Could you also say what the risks are of the Secretary of State being overly prescriptive through a direction about what that regional adoption agency should look like, given that we are hoping and expecting this to come from the bottom up on a local level rather than be dictated from the centre?
Sir Martin Narey: The reason that I counselled you and your predecessor Tim Loughton against making structural arrangements to further recruitment is that I thought it would result in you, your officials and me being absorbed in nothing else for two or three years. We would just be managing the incredibly complex business of using new structures. That is why I hope that you do not have to use this direction very much at all. If you do, there will be a very great risk that it diverts us from the more important task of making sure that we are getting children from neglect and into adoptive homes as fast as possible. I am confident that you will not have to use this power very much, but if you do, it will be a significant risk. If we have to design top-down structures for regions across England, it will divert us from the more important task.
Carol Homden: I would agree with that. This is a direction of travel where all agencies are motivated by one key thing, which is trying to improve the outcomes for children, but we also need to recognise that it can be challenging to apply that best practice. If the risk is that, due to the direction from above, you have the unwilling working with the unwilling, it will not necessarily lead to a positive outcome. We need to design these approaches based on a clear diagnosis of the problem to be solved locally. We need to enable organisations to come together in ways that address those problems, as opposed to having one size fits all or an obvious type of solution. That is why I drew attention to a hub-and-spoke model, as opposed to, for example, an area that is contiguous, because of the issues that were raised earlier around children needing to be placed in circumstances where they are and can be safe. We also need to draw upon specific, specialist expertise, as Annie said. The risk would be that it might be gotten wrong unless the diagnostic approach is taken to identify how local problems will be particularly addressed.
Annie Crombie: All I would like to add is that, where we see arrangements working well now—there are some excellent examples of partnership working in adoption—they are based on trust and strong relationships. If we impose such arrangements, we will not be able to take account of those sorts of things that can develop so well at local level organically. It is important that we allow people in organisations to build on those partnerships and have that dialogue at this point, leading into the development of regional agencies.
Kevin Brennan (Cardiff West) (Lab)
Q 29 Thank you, Sir Alan. There is only one clause in the Bill about adoption. In theory, what should happen after this session is that we look at your evidence and then think of any further amendment or improvements that might be made to the Bill. Unfortunately, because clause 13 is being debated on Thursday, we are out of time for that, but the Chairs have indicated that they will look favourably on any amendments that we might submit, even at this late stage, before Thursday. Is there anything that you think should be added to the Bill to improve it by way of an amendment or new clause?
Hugh Thornbery: The two things that I have mentioned: the duty to provide adoption support on the basis of an assessment of need and the extension of virtual schools to cover children adopted from care as well as looked-after children.
Andy Leary-May: For me, it would be an extension of what the Bill focuses on to cover other forms of permanence. Also, is there any way to inject some degree of required caution about how the power might be used? Rather than having a blanket movement and assuming that it will create improvement in all areas, maybe it could start a little more cautiously and take it step by step.
Edward Timpson
Q 30 In the Children and Families Act 2014, we took a backstop power in relation to the recruitment of adopters, so we could ensure that enough came forward who could be assessed and approved for the children still waiting to be placed for adoption. We have not had to use that power, and we have been successful in increasing recruitment by, I think, more than 27% in the past 18 months to two years.
This power widens it out to include matching and support, which we have discussed in this session. Based on the fact that there are already good working relationships between local authorities and consortia, which often include voluntary adoption agencies, and based on our statement on page 12 that, as we articulate in our paper “Regionalising adoption”, we need to harness the important role of voluntary adoption agencies in forming regional adoption agencies, how confident are you that in the next few years, through the work of the Department, yourselves and others with an interest in getting it right, we can ensure that we scale up services in all those areas so that we do not need to use the power on recruitment, as we have not yet had to do?
Hugh Thornbery: I am confident in the sector’s ability to improve. The examples that you have given have demonstrated that with the right degree of encouragement, and sometimes financial support, the system has been able to transform itself in terms of reducing delay, increasing the supply of adopters, improving adoption support and so on.
I think that there are systemic and cultural barriers to moving from those single entities working in partnership with each other to entities coming together to form a new entity. There are issues of governance and accountability. I think that we have seen some progress toward consortia working well. The progress that has been made toward a more formal consolidation has, in most cases, got quite close to achieving it and then stepped back. We need to understand why that is happening. I think it has to do with some of those issues that I have just mentioned.
Andy Leary-May: Within matching, in some ways we are already there, in that a local authority’s ability to have visibility of available adopters is already there. That was why we built our system, and it is there. It is about the decisions made as to which placements they go for. I do not think that those problems will be solved by regionalising agencies and it is important that they are addressed. If there were regions that for whatever reason do not come together as a regional agency, those other problems would still need to be addressed. But in either case I think there will be problems.
I think it is important to remember that a local authority may be willing to look widely when it is looking for a match for children, but local authorities do often hold on to their adopters. They need to be making adopters available from the earliest point, because otherwise the pool of adopters will never be big. I think that could be changed in other ways.
The Chair
Mr Thornbery and Mr Leary-May, we are very grateful for the evidence that you have put forward to us today. We may be in touch again if anything crops up from that evidence or if we need something further. Thank you very much for your attendance. That concludes your participation.
Examination of Witnesses
Alison O'Sullivan, Anna Sharkey and Andy Elvin gave evidence.
Louise Haigh
Q 44 The British Association of Social Workers has said that the Bill will contribute to demoralising social workers. Do you agree?
Alison O'Sullivan: I cannot see how.
Anna Sharkey: I think retaining staff is very important. We have quite a secure staff group, but we have also done quite a lot of growth, which has been to do with the DFE expansion grant. That is significant, but we have a very definite system through which adopters are seen right the way through by the same social worker. That is because it is about building trust and rapport with the person whom you are going to trust with very personal information and about making you into the family you want to be. There has got to be that professional relationship, but that relationship also has to be with the child’s social worker, and that is often where there can be change and flux, because there is such turmoil in local authorities.
Andy Elvin: We have no problem in recruiting and retaining experienced social workers, although I must say that we recruit a lot from local authorities. I think there is a wider issue—probably not for here—about how many social workers there are in the system when permanence is achieved for a looked-after child. Do we really need a supervising social worker overseeing a fostering placement that is permanent and a looked-after children’s social worker also overseeing the said placement and an independent reviewing officer? Are there too many social workers looking at social workers doing their jobs and not enough actually doing the job?
Edward Timpson
Q 45 Can I take us back to the clause in the Bill looking specifically at the point at which the permanence decision has been made and what flows thereafter for those for whom that decision is adoption? I have two points to underpin that. First, we are not proposing something new here. A lot of this already exists. Could you tell me where you have come across a consortium of either local authorities or voluntary adoption agencies and local authorities working together that has impressed you most and that does not happen to be your own?
Secondly, in relation to the specialist support services that we know many children who are adopted need, how is the regional agency adoption approach having a positive effect, where we are already starting to see it happen?
Andy Elvin: We are currently working with the north London adoption consortium and the east London adoption consortium—south London is a regular choice—on introducing something called VIPP-SD, a post-adoption therapeutic intervention that comes from the University of Leiden in Holland. It is used with all adopters in Holland. It is evidence based and tested at country level. We are introducing it with six authorities in London and with one just outside London. We found co-operation patchy, I would say.
We have got six authorities across two consortia; other authorities in the consortia have not signed up to it. That was disappointing, given that the DFE for the CVAA are essentially paying for all this. It is a free and evidence-based service. It is interesting how decisions are made in local authorities, but those that have engaged have engaged magnificently and really well, and got involved very much in the spirit of the intervention. It is going very successfully so far. Local authorities can work together; I do have examples of the contrary, but that is the same in all areas. I do not think children’s services are peculiar in local authorities not working particularly well together.
Anna Sharkey: From my point of view, working in ABC has been really good, a very positive development. I know my local authority colleagues will say that one of the strengths has been that it came from the bottom up. It was local authority social work working together and deciding that was a more efficient way of working, so pooling resources in respect of recruitment and training activity, how we do information events and so on. The next stage, which is really exciting in terms of the pilots and so on, is about how we are making the linking activity work much more effectively, and also looking at post-adoption support provision.
I know one of the previous speakers talked about the importance of accessibility and the transport networks. People need to be able to access their social worker and support that is readily available for them and their children. There are all sorts of things that can happen as a consequence of this, but definitely the bottom-up bit has certainly helped.
Alison O'Sullivan: I will very briefly point to Warrington, Wirral and St Helens, established I think in 2011, because it is the sort of thing the Bill envisages and has been working well. It has improved the numbers and the speed of recruitment and matching. For many years, Yorkshire and Humber have also been running post-adoption support on a collaborative basis across the region.
Andy Elvin: Can I just add that I am on the board of Frontline social work? We hope to be moving into a new region in the north-east, and the attitude of the consortia of local authorities up there has been exemplary in the way that they are working together. It really is very impressive.
Steve McCabe
Q 46 I have heard what has been said about permanence but, given that this legislation is supposed to be about speeding up the adoption process, cutting out the delays and helping match children to families—that is what we are taking evidence on—is there anything missing from the legislation that we should be taking on board and which would really make a difference to speeding up adoption and helping the matching process?
Andy Elvin: When you are in the court process and you have a CAFCASS guardian, you have a judge and everyone is represented, often delays are caused by availability of adoption panels and the panel process. I have often wondered about how much oversight is actually needed in terms of an adoption. There is a question about if you are overseen at a court process, you have an independent court witness in the guardian, and whether that could be looked at. I know working in local authorities that was often the cause of adoption delay; it was being unable to reach panel in a timely fashion to do with court deadlines. I think that is a more systemic problem that has been around for quite a long time.
Anna Sharkey: For me, the concern is thinking about how the financial situation would work. The levelling of the inter-agency fee meant that local authorities obviously charge each other the same amount of money as I charge them, so it was a recognition of the work that is done. If there are regionalised adoption agencies that are all part of that, my view is that the framework under which financial transactions happen is likely to change.
If that is the case, my concern would be that we do not have the same sort of framework as in the fostering arena, which you, Andy, have alluded to in terms of spending a huge amount of time trying to do tender documents and different arrangements, depending on who you are working with, which come back and do something later that was not necessarily intended. It is trying to work out what that would be.
Bill Esterson
Q 52 If having a good headteacher is the best indicator of success in a school, what would you like to see in the legislation to increase the numbers of good headteachers?
Russell Hobby: We have taken the first step, which is to move away from vague generalisations of what a coasting school is to start to define what coasting schools are. One of the risks was that a lot of schools were looking over their shoulders, wondering whether they were coasting and, therefore, a lot of people were thinking, “That’s not the sort of school that I would want to go and work in” if there were extra pressures arising.
In favour of the legislation and the regulations being provided, although I have my concerns around the definition, we have now got a more graduated response to those schools that are judged as coasting. Rather than the default assumption being that you will sack the headteacher and academise the school, it is now proposed—at least as written—that you will look for a credible plan of improvement within the school and look to partner the school with other good local schools or national leaders of education. Only then will you move down into forced academisation. I am not sure that that message has reached many school leaders yet. If it does, that might reassure some of the people working in these coasting and challenging schools.
At the same time, some of the checks and balances have been removed or are proposed to be removed. The regional schools commissioners now have a great deal of discretion in determining whether the plan of improvement is credible and who the school should be paired up with. A school’s ability to represent and defend itself is not particularly enshrined within the regulations. School leaders will be wondering, “It’s all very well having the challenge, but do I have the chance to make my case or will I be rushed through a change?” I would look at strengthening those aspects, if possible.
The Minister for Schools (Mr Nick Gibb)
Q 53 A quick question: are you happy with the concept of using a progress measure and not just an attainment measure to define a coasting school?
Russell Hobby: Yes. It is essential that you use a progress measure. If I have understood it correctly, it is an either/or—a school can demonstrate either high attainment or high progress. If it reflects the approach to the current floor standards, that is good. It is possible for a school to exceed the floor on attainment alone, as currently proposed, which means that a school with a high-attaining intake could benefit from that. For example, I believe that a few grammar schools fall within the definition of coasting at the moment. The balance between those might need to be looked at. I understand that you switch entirely to progress as a measure at secondary level in three years’ time, when we have the new progress 8. In primary, it remains a balance.
I should emphasise that none of us are entirely sure what the progress measures will look like. They have not been used or tested. The level at which the bar is set remains to be defined and is, in fact, defined in retrospect for each of those years. The very structure of the primary progress measure and how it relates to either the reception baseline or key stage 1 has not yet been explored either. There is a lot of uncertainty on what progress looks like when used, but it is the right measure to use.
Mr Gibb
Q 55 May I ask you about the whole concept of coasting schools? As a leading figure in education in this country, do you think we are right to address coasting schools as an issue where intervention may be necessary?
Russell Hobby: If we can agree on a fair definition of a coasting school, it is appropriate that every school should stretch itself and all its pupils to the full extent. Challenging coasting schools is the right thing to do. Whether legislation, academy orders and the process of academisation are the right way to provide that challenge is more open to debate. I have said that I feel you have inserted a few layers before academisation, which is reassuring. That is the right way, but academisation is still there as a backstop.
We do not know for sure how quick the regional schools commissioners might be to say, “I don’t believe in your plan of improvement. I don’t believe in your capacity to improve as a school and therefore I’m going straight to academisation.” Indeed, as I understand it, the Bill permits that to be made as a very quick decision. The evidence that the structural change to academy status will stop a school from coasting is not as strong as the Government might wish. Other interventions might be more appropriate.
Mr Gibb
Q 56 Are you not happy that we are using national leaders of education as part of the intervention process, before any decision has been made about academisation, and that that cadre—many of whom are, I presume, members of your association—will be at the forefront of challenging, tackling, helping and supporting coasting schools?
Russell Hobby: Yes. Those first two layers of the intervention are the right ones to have—so, “First of all, prove to me as a school that you can do it by yourselves. If not, work with someone else and then I will look at converting you.” But that is very much what the Government has described will happen, rather than there being any protections to ensure that it happens. I do not believe that there is anything to stop a regional schools commissioner saying, “I don’t believe you have a plan of improvement and I think the most appropriate solution is academy conversion.”
We know that they also have performance indicators around the numbers of academies in their area, or at least they used to. There is a suspicion that it is their preferred solution—it is more than a suspicion; it is their preferred solution in many instances. Sometimes they will be right, but sometimes it will not be the right thing.
I am not clear what chance the school has to make its case. What does a credible plan of improvement look like? How quickly does it have to put the case together? I am sure that the current generation of regional schools commissioners will handle it well, but people change and it would be nice for the Department to be clear on its protocol for how it will happen. Mistakes were made with the academy brokers; they operated somewhat under the radar, without clear agendas and without due process. That alienated a lot of school leaders and tarnished the academy brand. The Government have talked about the urgency of change, but sometimes provoking conflict and suspicion can delay change. You have schools that might otherwise wish to convert to academies digging their heels in because they do not like the way it is being handled.
The Chair
Mr Hobby, there may shortly be a vote and two Members have indicated that they wish to ask a question, so I will take both questions together. Could you sum up quickly, because I think we will leave shortly?
Louise Haigh
Q 99 Yet it is a major issue in our education system. Sir Michael Wilshaw himself has said so.
Mr Gibb: The vacancy rate in the teaching profession is about 1% and it has been at that level since 2000. We know that we face challenges with a strong and growing economy: the competition now for graduates is very fierce and we are aware of that. All teaching recruitment organisations—Teach First, the National College for Teaching and Leadership—face that challenge, but you describe this as some sort of crisis. Teacher vacancy levels are very stable at 1%, we are above where we were this time a year ago in terms of acceptances, so I am not complacent about making sure that we have measures in place such as good marketing and bursaries to attract top graduates in shortage subjects such as maths, physics and modern languages. We are doing everything we can to make sure that we recruit graduates into teacher training, but we are actually doing very well considering the strength of the economy and the fact that we have a relatively small number of graduates coming out of our universities this year.
Margot James (Stourbridge) (Con)
Q 100 We heard this morning about Downhills primary school and the campaign against its academisation. I am a governor of a school in Stourbridge which is now an academy and the process of academisation there took place against an orchestrated campaign, which ran for more than 12 months. Given those experiences and the potentially even greater struggle that failing schools or struggling schools in poorer areas would have in the face of such a campaign, do I take it from you, Mr Gibb, that the speed with which the measures in the Bill will enable the Secretary of State to turn a failing school into an academy will be the answer to those sort of problems? Under the measures in the Bill, how quickly do you think the improvement in a child’s education and the life chances of those children in a school that was failing will be turned around?
Mr Gibb: We heard from Sir Dan Moynihan this morning about how they managed to turn Downhills school around in two years and it is now good with some outstanding features. He also cited the metrics of the improvement in the proportion of pupils reaching level 4. It is quite staggering. That is in the face of delays that were caused by the “save our failing school” protests. It is a tragedy that any month is wasted when children only get one chance at an education. The Bill is designed to speed up that process and that is why a school that is in special measures or category 4 will automatically be issued an academy order. The whole issue of whether a school is going to become an academy will vanish. There is no point in protesting because that is going to happen and then we can get these outstanding academy groups to take over the school and bring in support and leadership and transform it very rapidly. I think Lord Nash might want to say how rapidly.
Picking up the earlier question from Louise Haigh about morale, I would say that this is a great time to be a teacher. We have between 400 and 500 new academy groups developing that are based on a good school. A headteacher can use their expertise to develop other schools. We heard that earlier today from the lady from Sunderland—her name escapes me—who runs the WISE academy chain. It is a wonderful professional thing to be able to do, to take your expertise and experience and to spread it into three, four or five other primary schools and raise their standards. Those opportunities were not available before the coalition Government came in in 2010 and there will be increasing numbers of those opportunities available to the profession in years ahead.
Lord Nash: Our mottoes are “Every child deserves to go to a good school” and “children before adults”. I know the experiences you are talking about from personal experience as an academy sponsor appointed by Andrew Adonis for a school in Pimlico which was in special measures. We had a group of teachers and parents who were very against the whole idea and came up with a lot of appalling tactics, including breaking into my office and various other things, but two years after we took the school over, it went from special measures to outstanding, thanks to the leadership team and teachers that we recruited. The people I have just referred to asked after a year if they could change their name from, I think, the Pimlico School Association to the Friends of Pimlico Academy. They got quite a short answer from me on that. We do not want other people to have to go through that experience because it is just adults putting their dogmatic prejudices before the interests of children. That is what part of the Bill is about.
Steve McCabe
Q 101 Mr Timpson, during the passage of the Children and Families Bill, your colleague Lord Nash here, accepted that a power to require all local authorities to undertake joint arrangements should
“be subject to full and rigorous scrutiny by Parliament.”—[Official Report, House of Lords, 9 December 2013; Vol. 750, c. 622.]
When Baroness Hughes pointed out that the steady use of powers of direction could result in the same effect, she was assured that that was not the Government’s intention and that any direction
“would be preceded by a letter setting out the Secretary of State’s intention…This would explain the underlying reasons and provide the affected local authorities with an invitation to respond. Only then would the Secretary of State take a final decision to issue the direction.”—[Official Report, House of Lords, 9 December 2013; Vol. 750, c. 625.]
Will you follow roughly the same procedure with these arrangements? Is it fair to assume that the risk is still pretty much the same as the one identified by Baroness Hughes?
Edward Timpson: First, I do not know which particular aspect of the Children and Families Act 2014 you are referring to.