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Live Debate
Lords Chamber
Lords Chamber
Thursday 22nd May 2025
(began 3 weeks, 1 day ago)
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This debate has concluded
11:39
Baroness Keeley (Labour)
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occasions and digital committee. Evidence we have received argues strongly that good media literacy for young people is characterised by sustained and repeated engagement
and interwoven throughout the curriculum across all subject and
sadly that is not the case in our schools in England. We have heard in fact the rigidity of the curriculum
and emphasis on assessment can be -- can mean media literacy skills are
de-prioritised because they are not assessed and relegated media literacy to optional subjects or ad hoc PSHE sessions.
And this is insufficient. Members of the Youth
Parliament told us, they described
to us lessons that were reactive, infrequent and not enough. The committee will report back to your
Lordships' House in summer but can my -- I asked my honourable friend the Minister if it is accepted by the government this important the government this important subject needs to be properly taught and embedded into the curriculum?
11:39
Baroness Blake of Leeds (Labour)
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Can I thank my noble friend for
the work she is doing on the committee and all members who are
engaged. Absolutely. I think the
issue I raised as well is the issue of consistency between different schools and the way they approach
this. That is why the reviews that are undertaken are so important. To get some good standards. At the
moment we see media literacy being taught through compulsory citizenship. Of course RSHE,
computing and English.
I think what we know is everything a subject area
will have to be engaged in this important work. We are living
through vastly changing times, all teachers need to be aware of the opportunities and the challenges
young people face and make sure they teach and the teaching materials they have are appropriate.
11:40
Lord Aberdare (Crossbench)
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Like digital literacy, media
literacy is a crosscutting essential skill that is needed by all young
people and relevant to all subjects. It is good to know the curriculum assessment review is taking account
of this. Will that review look
seriously at a bitter balance megabit of balance between the skills related subjects like digital and media literacy and the academic subjects on which the current
subjects on which the current
curriculum focuses? In order to achieve a system which is able to take account of assessing things
GCSEs?
11:41
Baroness Blake of Leeds (Labour)
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I am grateful for that question.
I think the scope of the review has been one of its real strengths and benefits. We all look forward to the
conclusions of the review and the recommendations that it makes.
Absolutely. This is such a large question in terms of assessment, how
skills are judged and taken forward for young people. I think we need to
have a much more holistic approach as the noble Lord suggests.
11:42
Baroness Barran (Conservative)
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My Lords, credit...
evidence of parental screen use, the impact of parental screen use on children is growing daily. Whether
that is very young children with delayed language development and
social skills or whether it is teenagers accessing online
materials. Without effective communication with parents about
screen use commercially any school efforts are doomed to failure or at
least less successful. I just wondered what plans the government has for a public health campaign on
this directed at parents?
11:42
Baroness Blake of Leeds (Labour)
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When I received at the briefing
for this my first question was parents. If I can express an
interest, grandparents too. That is a very serious point. Because so
many young children are now looked after by their grandparents and
older relatives. It is absolutely imperative we address the issues as
the noble Lady suggests. The report that came out about the number of
children going to school who have never held a book for example. How
we deal with that.
On another point what I am experiencing is a lot of
schools are setting up parental groups to actually help the schools navigate this very difficult area. I
think there is a very strong recognition without parents engagement and helping and recognise
the dangers and the opportunities,
we will not get as far as we need to.
11:44
Baroness Bousted (Labour)
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With the noble Lady, the Minister
agree -- would the noble Lady, the
Minister agree a renewed focus on media literacy will require really significant support for the profession? The number of media
studies teachers has really been decimated. It has really been written out of the curriculum. And
yet this is an essential skill for young people in today's world. If they had better knowledge of media
literacy Andrew Tait would have less influence. influence.
11:44
Baroness Blake of Leeds (Labour)
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Can I thank my noble friend. I absolutely agree. I quality teaching is going to make such a difference
in this particular area. But it is why the government is so committed
to recruiting 6,500 new expert teachers especially into shortage subjects. I think this can fall into
subjects. I think this can fall into
this area. What we understand is teachers are desperate for high
quality resources and materials. And making sure the new quality requirement since last year really
focuses on helping supporting curriculum mentoring, partnerships,
bringing people in from outside to help teachers.
This is a fast-moving area. I have every sympathy with
teachers who are trying to do their very best to keep up to speed with very best to keep up to speed with all of the changes that are happening.
11:45
Baroness Butler-Sloss (Crossbench)
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Could this concern for literacy...
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My Lords, having heard what the Youth Parliament was saying, can I just pick up their having as a
just pick up their having as a Governor listened to very good
teaching and very pure teaching, the point Youth Parliament are making about not being engaged seems to be an actual crucial part of any
11:45
Baroness Blake of Leeds (Labour)
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an actual crucial part of any
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The subject very dear to my
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The subject very dear to my heart. If we don't take account of young people's voices, we will not make progress. Response from the
make progress. Response from the programme is that so many people do not understand language that's being used. We need young people to work
used. We need young people to work with us, and especially those who
11:46
Oral questions: Sutton Trust’s Opportunity Index and plans to increase opportunities for social mobility in the UK
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with us, and especially those who Experience so they can help us move forward in this area.
11:46
Baroness Smith of Malvern, Minister of State (Education) (Labour)
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Fourth Oral Question. Lord Bishop of Newcastle.
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I beg leave to ask the question standing in my name on the Order Paper.
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Paper. The Sutton Trust report shows that many children face barriers to
that many children face barriers to success because of who they are where they come from. That's why we will break the link between young people's backgrounds and their
people's backgrounds and their future success by tackling child
future success by tackling child poverty, ensuring all children have a safe and loving homes, get the
11:47
The Lord Bishop of Newcastle (Bishops)
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a safe and loving homes, get the best start in life, achieve and thrive in school and develop skills to succeed in life. I thank the noble Lady the
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I thank the noble Lady the Minister for her answer. The Opportunity Index shines a light on the great disparity of respective outcomes for children and young
outcomes for children and young people in London and the south-east compared with North East and
particularly Newcastle. I wonder what consideration the government has given to reforming the national
funding formula to enable -- to funding formula to enable -- to address this disparity and improve chances for all young people.
11:47
Baroness Smith of Malvern, Minister of State (Education) (Labour)
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Funding is important and that is
why the government will consider the national funding formula and ensuring that it focuses on the right places and addresses need in
the way which the Right Reverend
Prelate has outline. But it's also important that we take action across
important that we take action across
schools for young people through training and in the early years were children need to have the best start in life. We've already started taking that action.
taking that action.
11:48
Lord Storey (Liberal Democrat)
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The Minister will be aware... First of all, thank you to the Sutton Trust for doing this work.
There are 20 constituencies with the
highest ranting -- ranking for opportunity, all in London. The top 50 are all in London except for
eight. The lowest, of course, are in the North, including Newcastle and followed by Liverpool. We had
levelling up, but whatever happened
to levelling up? My concern is that often governments working in silos and issues like these have to be
across silos.
Is it possible to get hold of this issue and really make a difference?
11:48
Baroness Smith of Malvern, Minister of State (Education) (Labour)
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I think the whole government is
responsible for ensuring that young people's opportunity is not determined by where they come from
or other factors of their background. That's why the government has an opportunity mission, as I outlined, in my
initial answer. It is owned across government and all parts of government are expected to make a contribution to ensure that young people get the best start in life,
that they can achieve and thrive in school, and they are then able to
gain the skills necessary to succeed further on in their lives.
11:49
Baroness Bull (Crossbench)
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This excellent report, as we've
heard, highlights the uneven impact of where you live on your opportunities. For instance, school
in London is 10 but -- 10 times more
likely to create success then one in
the north-west. In response to that report, the Minister at the time
pointed to the 12 opportunity areas
which then became 55 educational investment areas is important for driving change. Can the Minister say what lessons were learned from both
those programs which have now closed? How were they being applied how are they being applied in this
new approach by this government?
11:50
Baroness Smith of Malvern, Minister of State (Education) (Labour)
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I think the lessons that were learned included reading every
aspect of the work as the opportunity mission. For example, the need for high-quality schools
and excellent teaching throughout the whole of the country. The need
for young people to have access to skills wherever they are within the
country. The need for our higher
education sector to do more to ensure that all those who can benefit from higher education are
able to access it, which will be a
key part of the government Higher Education Reform.
So, of course, need to start early in children's
lives to ensure they have access to early years education that is of the highest quality. It is working all
those areas that will ensure that effects are felt not just equally
across the country but we are able to close some of the gaps that the Sutton Trust report identified.
11:51
Baroness McIntosh of Pickering (Conservative)
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The social mobility in rural
areas, in particular the fact that the Rural Deprivation Grant was
withdrawn, which has had a major impact in Yorkshire. Can I just pay
tribute to the Right Reverend Prelate the Bishop of St Albans who
has played a great part in this. has played a great part in this.
11:51
Baroness Smith of Malvern, Minister of State (Education) (Labour)
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I'm sure the noble Lady is a right that there are particular
challenges in rural areas and particularly, as she identifies, in the pockets of poverty that are found in rural areas, were perhaps
there isn't the infrastructure of
support that might explain why those children and young people in London
are doing comparatively better than people in other parts of the country. I think she makes a very
fair point and we need to keep a focus on rural poverty and how we ensure that children and young
people in rural areas get the opportunities they deserve.
11:52
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When it comes to opportunity, ubiquitous one is service in the
Armed Forces. It offers access to the greatest number of apprenticeships, longer life expectation, highly successful
careers, and probably represents the greatest engine for social improvement in the country. In the
context of a dangerous world and 9 million people on benefits, might the government commit to a narrative that makes this more evident?
11:53
Baroness Smith of Malvern, Minister of State (Education) (Labour)
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The noble Lord makes an important point and I was discussing exactly
this point with the Minister for Veterans just a couple of weeks ago
where we were, as the noble Lord says, talking about the excellent
apprenticeship programs within the armed services and the opportunities
there are for young people who choose to take that route to benefit from it. I think the noble Lord X an
important point. important point.
11:53
Baroness O'Grady of Upper Holloway (Labour)
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Long before the term nepobaby was ever invented, we understood the
role of unpaid internships and the
role they played for the offspring of the well-to-do. We understood how
difficult it is for people without contact to move to London who simply
cannot afford to work for free. The law is clear that productive work
should be paid at its least the minimum wage but it is not informed
-- enforced. Can the Minister talk to colleagues about the need to
boost the Labour Inspectorate to
ensure that young people from all backgrounds get the paid work they need?
11:54
Baroness Smith of Malvern, Minister of State (Education) (Labour)
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My noble friend makes a very
important point and I think it is both for employers to ensure they
are providing access to the types of opportunities that will enable young people to experience different forms
of work, and it is, of course, also the responsibility of those agencies
tasked with enforcement to make sure that where the law is not being
properly applied that there are consequences for it. Of course, it is also the responsibility that this
government takes seriously to ensure that all children have, for example,
better careers education, that I
have better opportunity to have two weeks of high quality work experience, that we work with
employers to ensure that placements are available for those young people doing T Levels and apprenticeships
are open to all.
There are a range of ways to ensure that people get access to the experience of work
that was marked for a successful future. future.
11:55
Baroness Barran (Conservative)
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The Sutton Trust Opportunity
Index looked at intervention and
early years. The noble Lady will be aware that there are nearly 50,000 children on free school meals
children on free school meals
without sufficient reading skills to be able to engage successfully in the curriculum. I just wondered whether she would agree to look at
the apex programme funded by the Fisher Family Trust which is providing reading mentors to
children from years wanted to -- 1-2
who have significant issues with
reading.
81% of them reach the expected standard in reading compared to 60% for comparable care
compared to 60% for comparable care
11:57
Baroness Smith of Malvern, Minister of State (Education) (Labour)
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Well, the scheme that the noble Lady talks about certainly sounds interesting and important and I will
interesting and important and I will certainly undertake for the Department to look at that in detail. She makes an important point. She did in fact in the
point. She did in fact in the previous question about the need to
previous question about the need to ensure that children are supported to make a successful start at school at the point at which they arrived.
at the point at which they arrived.
That means the sort of support the government is providing through
government is providing through family help and Start for Life to provide a start for children but
provide a start for children but also for parents to provide a learning environment at home, and it is supported as this government's priority to ensure that more
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priority to ensure that more children arrive at school ready to gain the benefits of that education. That conclude Oral Questions
appointments.
11:57
Business of the House
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I beg to move the full motion
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Paper. All of those in favour say,
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All of those in favour say, "Content". Those in the contrary say, "Not content". The contents
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have it. This seems a convenient moment to
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This seems a convenient moment to have a short interval. I say short. Before the next business takes
11:59
Statement: Israel and the Occupied Palestinian Territories
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Questions Questions on Questions on a Questions on a statement Questions on a statement made Questions on a statement made in
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Questions on a statement made in the House of Commons on Tuesday, 20 May, on Israel and the occupied
11:59
Lord Callanan (Conservative)
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Palestinian territories.
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Let me begin by joining with others in acknowledging the scale of the humanitarian crisis that we are seeing in Gaza. Lives are being
lost, people are suffering immensely. We on these benches join
with all noble Lords, I'm sure, across the house and I hope that the
across the house and I hope that the conflict is brought to a conclusion as quickly as possible. Obviously, I appreciate that the U.K.'s position
appreciate that the U.K.'s position and influence in this matter is somewhat limited and probably even more so now.
We must never forget
that this conflict started when Hamas, a repulsive terrorist organisation, undertook a murderous,
organisation, undertook a murderous, viscerally anti-Semitic attack on
viscerally anti-Semitic attack on civilian people. The attack continues every single day that hostages remain and Hamas's
captivity. Israel has the right to defend itself against this ongoing attack and returning the hostages to their families is the righteous
objective. We must support them in this effort and user diplomatic
efforts to help to facilitate it.
I therefore want to ask the Minister what engagement has the government held with key stakeholders in the
region to help to secure the release of those people who remain in Hamas's hands? Has the UK helps to
develop an overall strategy for
getting these sons, doctors, brothers and sisters returned to their families? The only way we can resolve this conflict is by getting
these hostages home and the government must be able to demonstrate they are taking practical steps to facilitate this. Whilst the conflict is ongoing,
getting aid to those who need it is a key practical priority, I hope,
for the government.
Noble Lords may recall a debate last week on the
recall a debate last week on the
Gaza Humanitarian Foundation. The government refused to consider this as an alternative to UNRWA which is
itself connected to the attacks on October 7, the event that started this in the first place. The Israeli government is rightly suspicious as
a banner -- suspicious of UNRWA, given the record. The government
seemingly remains committed to
supporting the current failing model so can the Minister please update
the house on what the government is doing to help get aid into Gaza? What discussions have they had with
representatives from other countries to make sure that aid to those who needed -- need it and is not stolen
by Hamas? What steps are we taking to ensure that no aid from the UK gets into the hands of Hamas?
Finally, we are clear that Hamas will never be part of any future
In the Prime Minister's statement the other day he threatened the
Israeli government with further concrete steps of they do not comply to his demands.
Can the Minister give us an example of what these
concrete steps will be? Or will it be like King Lear to his daughters. I will do such things, I know not
yet what they shall be. But they
shall be the terrors of the earth. Finally my Lords, following on from the Memorandum of Understanding that was reached between the UK and Palestinian Authority last month, I
want to ask the noble Lord the Minister what progress has been made in holding the Palestinian Authority to undertaking serious, measurable
and tangible reforms on corruption, on education, and welfare policy and
on democracy to help to strengthen resilience against the threat of Hamas in the future? Will the
Minister update the House on what work is being done with the Palestinian Authority to advance progress in these areas? Can he
assure us these are discussed in talks with partners in the authority? My Lords, we all support a swift end to this conflict.
Which
has cost far too many lives on all sides. And has led to an incredible amount of suffering across the region. We need to recognise the
practical steps we the UK can take to support this resolution and help
those who are in need in the region. To that end I hope the noble Lord, the Minister will be able to cover
these questions I have raised and show what steps we are taking today to return the hostages, get aid in
and crucially make sure Hamas are finally eradicated.
12:03
Lord Purvis of Tweed (Liberal Democrat)
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My Lords, it would be utterly
inconceivable of us to have even imagined walking out of this building of Parliament and
witnessing every child in London being forcibly walked to Slough with
their mother and back again three times on foot and offered no
shelter, beds or sanitary products
of the -- sanitary products if they are a girl. And with no food they
literally face dying of starvation. This would be utterly inconceivable to us. But it is the reality in Gaza.
And now we see as a result of
choices being made at a political level, biopolitical administration
in Israel -- by a political administration in Israel, set up a
foundation to finance profiteering mercenaries to weaponise food and medicine to children in illegally
occupied land which plumbs new depths of moral bankruptcy. To
provide that assistance. Can the Minister first of all guarantee not a penny of British money will be channelled through this route?
Amongst this utter horror, hostage families are still going through
families are still going through
torture.
Indeed for those who I have seen and families who I have spoken to, speaking out against the Netanyahu administration is
extremely moving because they are still in a situation where their loved ones are not home and they do
not know if many of life. I welcome the statement of the government and the intent but I do wish them to
press the Minister at this time for
the government to go even further. Since the statement in the House of
Commons earlier this week now even the British official carrying out their diplomatic role in a
territorial we have an absolute
right under international to access -- international law to access has been under fire as a so-called
warning shot.
This is euphemistic and streets I have walked and British officials carrying out
business, what action has the UK government taken as a result of this shocking incident? Also since the
statement, Benjamin Netanyahu is confirmed or other extremist
Ministers have said his government's policy is now two illegally annexed territory which they have no
international right to do. Given this is now clear government policy it needs to be the UK government
policy to move on the recognition of Palestine as a state with urgency.
Therefore I urge the Minister to take my noble friend, Baroness
Northover's bill in this House and move ahead with the clearest possible intent to prevent illegal
annexation of subjugation. These ventures have regretted there has been a lack of action since last February when we called for the
wider and expanded sanction of those
Ministers in the Netanyahu administration which saw repression in the West Bank and have acted illegally in the outposts of settler
violence. That combined with what we
now see now which is collective punishment of civilians within Gaza.
Those responsible need to be sanctioned by the UK and there
should be no impunity for the tragedy which is being inflicted on the civilians there. This means our
government and our partners need to be backed. With regard to the
security of the aid being provided, of course there is justification with regards to concerns that Hamas
has sought to loot age, to commercialise aid and to prevent it
from the source. At a time when we have seen the most effective
delivery of aid has been with UNRWA and provided with the ability to do so and Palestinian Authority police force supported by British by
British assistance has been able to port and provide security -- to
support security and allow the A3.
Will the government provide urgent assistance to the posting and aid authority to make sure aid once over the border can be provided securely.
I remind house there is over 100,000 tons of aid waiting to get into Gaza and it is being blocked
unjustifiably. And therefore will the government make a clear statement that until this happens
Prime Minister Netanyahu and Ministers are not welcome in the
United Kingdom? And this will be not conducive to our public good. Finally can the government press the
International Court of Justice to
accelerate its work to ensure there is an international standard of which we all wish to see an
international humanitarian law is adhered to and those responsible for its breach are held to account.
its breach are held to account.
12:08
Lord Collins of Highbury, Parliamentary Under-Secretary (Foreign, Commonwealth and Development Office) (Labour)
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I thank both noble Lords for their questions and contributions.
Can I say to the noble Lord, Lord Callaghan. The United Kingdom has played an active role in
coordination of our and with our international partners since the beginning of the conflict. The
Foreign Secretary has visited Israel and the occupied territories three times since taking office. We have
pressed for a resolution to secure a ceasefire and to see the return of
all hostages. It is absolutely the first ask of this government, ceasefire, return of the hostages.
Absolutely. Can I just actually sort
of also if I look at the point the noble Lord Purvis made, we are
absolutely committed to upholding our responsibilities under domestic and international law. And by the
way the independence of the ICJ is
also something we have value. We are not going to put pressure on them
and they know their job and we will facilitate them but they are independent and we respect their independence as an international
Court.
And we have absolutely been consistent in ensuring that international law is acted on in a manner consistent, that we act in a
manner consistent with our legal obligations. As the noble Lord, Lord
Purvis said, humanitarian aid must never be used as a political tool or military tactic. The UK will not
support any aid members that seek to deliver political or military
objectives and puts vulnerable stood
-- venerable civilians at risk. That is the answer to the noble Lord, Lord Callaghan. That is why this government and the previous
government were absolutely committed to supporting the best possible
means to get aid into Garda -- into
Gaza.
It remains UNRWA. We are absolutely committed to that. I think we should see that the
blocking of aid and the disastrous consequences of that do not put
Israel's case first. The people of
Israel who wants security and deserve security, particularly after the atrocities of October 7. They
absolutely are not supporting the rhetoric and the means expressed by
Netanyahu and some of his Cabinet member. We are absolutely determined
we should be very clear about our position. Of course my noble friend, Baroness Chapman the Minister for
development has been in Israel this
week.
She has been in the occupied territories. The Occupied Palestinian Territories. We have made our position very clear about the position of our diplomatic
workers. To the is really government. And we will continue to do so. I have personally visited the
occupied territories and I have seen
some of the actions of independent of what I would call settler
outposts who have behaved in a really appalling way. And now with IDF forces more focused on Gaza
those very people, those very people
the outpost settlers are now taking on the duties of IDF.
I think that is the cause of some of the
problems. But during her visit this
week she has announced £4 million in
new support to organisations on the ground in Gaza. We will continue to support and this will cover
essential, medical supplies, for up to 32,000 people. Safe drinking or
for up to 60,000 people. And food parcels for up to 14,000 people. Seeking to get food, water and
medicines. That is what we are talking about. Basic fundamental
issues that need to be addressed.
And so far since October 7 we have provided 405,000 patient consultations across Gaza, food aid
to at least 647,000 people and improved water sanitation and
hygiene services. But we know the situation is absolutely desperate.
Which is why we took the action. We are together with our partners
strongly opposed to the expansion of Israel's military operations in Gaza. We have reaffirmed our cause
for the Israeli government to stop its military operations and to allow
immediately allow humanitarian aid
into Gaza.
Yesterday the Foreign Secretary announced new sanctions to
target those supporting violence against Palestinian communities in
the West Bank. Following extremely surges in this kind of violence and
surges in this kind of violence and
we have allowed in part of the statement free-trade negotiations with this will effective immediately. This is because it is
not possible to advance discussions on deeper trading relationships of the Netanyahu government that is absolutely pursuing policies which
are damaging to the UK, the wider region and most importantly to
Israeli citizens themselves.
I think
this is the really important thing. We are committed to a two-state solution, we are committed to a
political solution. We are doing everything we can possibly do to achieve that. We are committed to
supporting the Palestinian Authority. We are supporting their reforms. I am not going to predict
how far they have reached but it is absolutely essential we do that because that will form part of the
process for a longer term solution. So we are absolutely committed to
ensuring not only the people of
Palestine and in Gaza and the occupied territories are able to live in peace and security but also
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that applies to the state of Israel. Order, order.
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Order, order. My Lords. I should explain I
12:15
Lord Campbell-Savours (Labour)
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My Lords. I should explain I intervene at this point because the noble Lord wishes to take part remotely and I now invite Lord
Cameron savers to speak.
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My Lords, can I as a lifelong supporter of the state of Israel ask
supporter of the state of Israel ask why can't we with others, with or without the United Nations, create a
safe haven enclave within a part of Gaza as I successfully argued for in April 1991 in the case of Iraq?
April 1991 in the case of Iraq? Supplying hospitals, food security
Supplying hospitals, food security and aid whilst requiring a total Israeli military withdrawal from the
Israeli military withdrawal from the enclave.
A trickle feed of aid is a taxable. Israel will only backoff
when it is confronted by real intervention backed up by the threat
intervention backed up by the threat of occupying forces within a guarded enclave for the international community, all we need is to
community, all we need is to challenge the bullying behaviour for the minority. Confronted by worldwide anger and intervention
12:16
Lord Collins of Highbury, Parliamentary Under-Secretary (Foreign, Commonwealth and Development Office) (Labour)
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I can understand my noble
friend's frustrations but absolutely
our efforts have been focused on building a strong international alliance, working with allies across
the region, to ensure there is a longer term political process that leads to a two-state solution. The
immediate situation requires Israel to stop blocking aid into Gaza and
to ensure that we can actually reach
a situation where that litter go dialogue my noble friend is referred to can take place. We are absolutely
We need aid to get into Gaza.
We need aid to get into Gaza.
12:17
Lord Polak (Conservative)
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I refer the house two registered
interests. Truth matters. In the other place, when the statement was
made, the following MPs repeated the lie that 40,000 babies would die
within two days. I hope they will put that record straight. Joe
put that record straight. Joe
-- Adnan Hussein... Words have consequences. To your
representatives of Israel were murdered in cold blood in DC. To
beautiful souls who were gunned down as result of toxic, antisemitic
incitement against Israel and Jews
around the road.
And I register
interest as a Jew, are proud to -- a proud Jew. We are concerned about
the situation in Gaza. The USA and
Israel have been working on an alternative delivery agency to address legitimate concerns about
how aid diversion, confiscation and abuse by Hamas, so can the noble
Lord confirm if the UK has been involved in developing this scheme or has the UK government refused to take part?
12:18
Lord Collins of Highbury, Parliamentary Under-Secretary (Foreign, Commonwealth and Development Office) (Labour)
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We have been absolutely clear that the proposals by the Israeli
government won't need the
humanitarian aid situation that is
so desperately required. Of course words hurt. If we quote numbers
without verification, whether they contribute to the situation or not,
what are we talking about? 40,000 babies? 1000 babies? What number is
acceptable? I think they are and 30
-- I think the reality here is... Tom Fletcher, he is obviously a dedicated civil servant.
He was a
diplomat. I was moved by his comments. If there was a man who is
absolutely committed to his job, it was him. I'm not going to respond to
the numbers he quoted but I'm going
to respond to what he made very clear. The situation is so desperate
that we need action within 48 hours, and that is what this government is demanding and that is why we've
imposed these restrictions on the Israeli government. The noble Lord
knows my views about the security of the state of Israel.
I just think that the Netanyahu Government is doing nothing to ensure the security
of Israel.
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My Lords. I consider Tom Fletcher a friend and former colleague. On a
a friend and former colleague. On a personal level, I consider the noble
personal level, I consider the noble Lord the Minister of foreign. But can I ask him to reflect on what he has just said? I do not doubt that
12:20
Lord Walney (Crossbench)
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has just said? I do not doubt that Tom Fletcher hears this and feels this very sincerely. About the claim
of 14,000 babies due to die in 48
hours was a grotesque inaccuracy. As the noble Lord the Minister said
last night, in the early hours of
this morning, to is really embassy
officials -- two Israeli officials were gunned down in the United
States. These words do matter. We have a growing level of extremism and hate and a risk to British
Jewish citizens here, which may well
result in, I'm afraid to say, similar action being taken on the
streets of London.
We have to do more to stand up against the
demonisation of Israel well this conflict is going on.
12:21
Lord Collins of Highbury, Parliamentary Under-Secretary (Foreign, Commonwealth and Development Office) (Labour)
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I won't tolerate any demonisation
of Israel or its people. It's people I'm most concerned about. I have
very good friends of Israel. I've been a supporter of Israel for many, many years, in terms of its security. I'm not going to have
lessons about this. I think Tom
Fletcher's comments... I'm not interested in those figures being quoted. I think what he is trying to
convey is the urgency of the situation. And the urgency of the situation requires Israel to stop blocking aid getting into Gaza.
That
is the issue. Aid must never be used as a political or military tool, and that is what is happening. We are
absolutely concerned to take those actions. Can I say to my
Honourable... My friend, that
actually we should all be concerned about the impact on communities and
the impact on community violence, and particularly antisemitism. We should not tolerate anti-Semitism in
any form whatsoever. I will not tolerate any trope that sort of leads to that sort of language.
But
I will not stop from being extremely concerned about the humanitarian
situation in Gaza. It should concern
us all that so many people are suffering, that food is not getting in, water is not getting in. It is
absolutely something that needs to be addressed now.
12:23
Lord Palmer of Childs Hill (Liberal Democrat)
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Lib Dems.
**** Possible New Speaker ****
My Lords, could the Minister perhaps elaborate on how we can
perhaps elaborate on how we can support the people of Gaza, because
support the people of Gaza, because all the comments about support, no one has spoken about the descent by the people of Gaza against the
the people of Gaza against the
the people of Gaza against the regime of Hamas -- diseent. Which threatens the people of Gaza, which
threatens the people of Gaza, which kneecaps them if they descend --
kneecaps them if they descend -- dissent.
And journalist are
12:24
Lord Collins of Highbury, Parliamentary Under-Secretary (Foreign, Commonwealth and Development Office) (Labour)
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dissent. And journalist are threatened if they in any way criticise Hamas. What are we doing to support the people of Gaza to help them against Hamas?
**** Possible New Speaker ****
It is by supporting the Palestinian Authority and its road
Palestinian Authority and its road back to reform to become a much more legitimate, that is the answer. That is the pathway to a two-state solution. There is no role for Hamas
solution. There is no role for Hamas in the future. They are a terrorist organisation that has committed heinous crimes and we should never forget those crimes. He is
forget those crimes. He is absolutely right that they are repressive and they have taken control, and they are resisting any
control, and they are resisting any form of scrutiny.
Absolutely. It's also the Israeli government that has
also the Israeli government that has not allowed journalists into Gaza as well. I think we should be very,
well. I think we should be very, very clear. We want a roadmap to peace, we want a solution, but that
peace, we want a solution, but that will only be achieved if we can actually ensure that the Palestinian Authority can reform and be
Authority can reform and be supported, and that it can be the legitimate voice of the Palestinian
people.
And, of course, Palestine is not just the Gaza strip. It is also the occupied territories. We need to
ensure that all the people of Palestine are represented by the
Palestinian Authority and can have the voice they deserve. the voice they deserve.
12:25
Lord Mann (Labour)
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I've been fortunate this morning to privately message my long-
standing friend, the leader of the American-Jewish Committee whose events on police building was ended
with the murder of two Jewish people being murdered. And when Jewish
people can't walk on the streets of Washington safely, it shows how dangerous a world we are living in.
In my capacity as government adviser
on antisemitism for the last six years, I know that every time there is such an incident, government
immediately in this country renews
and looks again at the security of the British-Jewish community.
It is
no damage to ask the Minister that -- to ensure that as that is happening, that our citizens,
particularly those in sensitive areas and diplomats abroad, are also
fully incorporated in such views,
because Jewish people in particular are in danger wherever they are at the moment from terrorist. And with
the Minister also take back a strong message that whatever the important
decisions that government makes in terms of our position and a few,
Israel and Gaza, freeing the hostages, the government needs to at
all times demonstrate it is reinforcing its priority on tackling anti-Semitism in this country and abroad.
12:27
Lord Collins of Highbury, Parliamentary Under-Secretary (Foreign, Commonwealth and Development Office) (Labour)
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I think my noble friend is absolutely right and I heard on the
Today Programme this morning a discussion on precisely these issues. It really is important that
we challenge anti-Semitism. By the way, I do make, and I hope I've
conveyed that today, a very clear sanction between the government of Israel and the people of Israel. The
people of Israel deserve all our support and protection, particularly from some of those malign states
like Iran that are trying to undermine and commit state terrorism, if you like, across the
globe.
He is absolutely right to
draw attention to the need for the protection of our communities. Everyone should be able to express
an opinion and walk safely through our streets and I'm determined to do that. Often, sometimes, working that
that. Often, sometimes, working that
path can be extremely difficult. On the one hand and criticised for saying I support the state of Israel but criticised for actually saying
that what's happening in Gaza is unacceptable. I think everyone in
the House feels the same.
They want a two-state solution that provides security for both communities, and that is what we will continue to
work towards. work towards.
12:28
Lord Ahmad of Wimbledon (Conservative)
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My Lords, may I firstly draw
**** Possible New Speaker ****
My Lords, may I firstly draw
attention to my entry on the Lords Register. Equally, the final sentiment that the Minister has just expressed, I think that reflects
expressed, I think that reflects across the House, wherever we are on this emotive and human issue, and that is very clear. May I suggest there are practical steps the
there are practical steps the
government can take. First of all, I've alluded previously to out-of- the-box thinking on delivery of
the-box thinking on delivery of humanitarian aid.
Since September last year, the Minister will be aware, I will ask him again at that
aware, I will ask him again at that we must work with Jordan, we must work with Egypt. That is not perfect. LAN solutions must be provided but out-of-the-box thinking, including air deliveries,
thinking, including air deliveries, provides some respite. That's the first thing. Secondly, diplomacy
matters. -- Diplomacy solutions. Relationships matter, being underground, investing in those relationships. Is not always about
public statements. Sometimes it is about private diplomacy and building
relationships with those in Israel who want to resolve this.
Finally,
on the egregious abuse of human rights. The previous government set up the regime. The Minister will be
aware there are those unfortunately
be -- unfortunately, regrettably who the Israelis themselves reject.
Minister Smotrich and Ibn Ben-Gvir. Them Israel -- the Minister might
Them Israel -- the Minister might
not be able to comment directly. not be able to comment directly.
12:30
Lord Collins of Highbury, Parliamentary Under-Secretary (Foreign, Commonwealth and Development Office) (Labour)
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I'm grateful to the noble Lord. He and I have worked very closely
over the years on precisely the
issues he has talked about. I agree with him about the diplomatic effort. Sometimes the most effective diplomatic effort is one you cannot
see. Shouting is not always the way
to achieve what we want. We acknowledge the visit this week to Israel and Jordan. We also had
Minister Faulkner talking to and regularly speaking to neighbouring
countries. He is absolutely right.
We are not ruling out anything in terms of age. He repeatedly reminded me in terms of the desperate
situation that it isn't airdrops and sea routes that could be a way of alleviating things. We are not
ruling anything out. But locking
eight has had a disastrous effect and we will be absolutely committed
I do think we are going to ensure
and I think he is right to point out there are voices in Israel, there are extremely concerning voices in
Israel.
-- Extremely concerned
voices in Israel. He knows I cannot comment on future sanctions but we
have committed with the work we have taken new UK sanctions targeting three individuals including
prominent settler leader as well as to illegal outposts and is and to
organisations who have supported and promoted violence against Palestinian communities in the West
Palestinian communities in the West
Bank. Individuals and entities
sanctioned are numerous. We are absolutely committed to ensure we do
focus on these actions.
He knows we are actively considering future
designations but I cannot comment who or when they will be.
who or when they will be.
12:32
Baroness Gohir (Crossbench)
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Those Palestinians are being starved to death and we have heard about the accuracy of statistics
about 14,000 babies dying in 48 was. OK it might not be 48 hours, it might be a long slow death of weeks,
days, months if this carries on. I welcome the Foreign Secretary condemning what has taken place at the moment and also condemning the extremist statements made by Ben-
Gvir and smotrich. When asked about Palestinian statehood, the Foreign Secretary talked about timing.
Surely the timing is right now.
Can
the noble Lord, the Minister give more details, does he mean days,
does he mean weeks, does he mean months? And does the government support a peace treaty force and with the UK be involved in that.
12:33
Lord Collins of Highbury, Parliamentary Under-Secretary (Foreign, Commonwealth and Development Office) (Labour)
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Let me address... We have covered
the urgent humanitarian situation but as she knows and as the House knows this government and the
previous government was and is
committed to a two-state solution. The support that two-state solution is unwavering. We are committed to
recognising the Palestinian state at
a time when it has most impact in achieving the reality and is most conducive to long-term prospects. We
are absolutely clear that does not need to be at the end of the
process.
We are in dialogue and a constant dialogue with all partners
on how we can best use the international conference for the implementation of the two-state
solution in June. To advance Palestinian statehood. Key points we
can move this agenda on and we are absolutely committed with the French
and Saudi leadership on that two- state solution conference in the New
York. It comes at a crucial time to
ensure Palestine's remains viable. ensure Palestine's remains viable.
12:34
Lord Mohammed of Tinsley (Liberal Democrat)
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I am not going to get into the issue around the numbers but the
facts are it has been 10 weeks since aid was allowed into Gaza. We cannot be moved, not only in this House but
in this nation by the pictures we have seen of young children, some of whom were not even born. They have
been born since 7 October. My
question to the Minister again is given the dire situation particularly around baby food, would
you consider within the next 72 hours emergency airdrops of baby
products? And also my Lords, could I raise the issue around the access to sanitary products for women and
girls in particular.
From the reports I have seen they are, there
is a dire shortage and after women and girls are going without sanitary products. The Minister consider
emergency airdrops of baby food and products for women for sanitary needs in particular.
12:35
Lord Collins of Highbury, Parliamentary Under-Secretary (Foreign, Commonwealth and Development Office) (Labour)
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I appreciate the noble Lord
concern and I think everyone in this House is concerned how we can get
aid in. I remember the noble Lord reminding me when I made such calls
before. It is not simply just sort of sending a plane over a piece of land and dropping material down. The
most important area we have discussed is how we distribute the
aid, how do we get that aid specifically to the people who most need it. That is why UNRWA is so important.
It is why these road
routes are so important. Because they can deliver the amount of aid
needed in the short period of time. I am not ruling out anything we can
do to relieve -- to alleviate the situation. It must be and we have to be absolutely clear, blocking aid
into Gaza has been the responsibility of the government of
Israel. That should be where our focus should be.
**** Possible New Speaker ****
My Lords, to enable a smooth handover to take place I will allow
My My Lords, My Lords, has My Lords, has to My Lords, has to be My Lords, has to be again My Lords, has to be again in committee on the Children's Wellbeing and Schools Bill. Baroness
Wellbeing and Schools Bill. Baroness Smith Maldon. Smith Maldon.
12:38
Baroness Smith of Malvern, Minister of State (Education) (Labour)
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I beg to move house to now again resolve itself into a committee on
**** Possible New Speaker ****
the bill. The question is the House do now adjourn resolve itself into a committee upon the bill. As many as
committee upon the bill. As many as are of that opinion, say, "Aye". Of the contrary, "No". As many as are of that opinion, say, "Content". Of
of that opinion, say, "Content". Of the contrary, "Not content". The
the contrary, "Not content". The
12:39
Baroness O'Neill of Bexley (Conservative)
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O'Neill.
**** Possible New Speaker ****
My Lords, I rise to move amendment 29 and will speak to
amendments 31, 39 and 40. In my previous contribution I suggested
there were many parts of this bill about which there are major concerns. The multiagency child protection teams for local authority
protection teams for local authority areas is the most concerning. The main concern being statutory early
main concern being statutory early responsible directors of children's
services should not be mandated in statute develop this way of working.
The preference would be the local
The preference would be the local working practice should be at the discretion of local areas in how they arrange child protection
they arrange child protection services. The problem this is trying
services. The problem this is trying to solve, the sad deaths of Starr and Arthur will not be solved by
this proposal. The proposal is to separate out family help and child
protection. That could mean workers
in family help will believe they are not responsible for child protection as is managed by a team elsewhere.
However the reality of life is the family help team need to be able to
identify when a child or family situation has tipped into risk. And
it is unsafe. In order for the MAC
TP to get involved. -- To be alerted
to get involved. Instar and Arthur's case even when the team had been in
place, the children may not have been referred. Because the workers involved did not recognise the
potential risks to both of the children.
I know the Minister said the other day the findings of the
pilots would be published in spring 2025 but we are about to go into
summer. And they have not been seen yet. That means the model has not
been fully tested. And has no research back to the veracity of the
model. Surely that has to be done before the bill comes into effect.
The MAC TP is predicted on staff being supplied from the police and
health as a core for the team.
We know the financial pressures these services are under. So this is
likely to be impossible to achieve at this national scale. There is
also the uncertainty around the future of the Integrated Care Boards, the ICBs. In the health
world. No certainty that Safeguarding badges will not be
reduced. There is no additional funding to achieve this. What happens if health and police cannot
provide staff for the MAC TP is?
Where does the buck stop? Many believe the requirement for MAC TP's
should be removed from the legislation.
Or make it they can decide locally how these services
decide locally how these services
will operate my Lords, amendment 29 seeks to clarify what support the Secretary of State will require
multiagency partners to offer. There was a conversation here on Tuesday evening about the role of schools,
ably led by my noble friend. Will the Secretary of State be mandating
-- be mandated -- be mandating what the partners are responsible for? We
know about the questions and discussions about budgets.
Will the Secretary of State be determining money should be ring-fenced? And who will determine what partners are
responsible? Health and police are named, education seems to be in
question but there will be others who have potentially a role as well. Amendment 31 looks to ensure there is an effective multiagency team. We
are all aware of the need for consistency of involvement in
Safeguarding. And effective multiagency team will need to have
consistent involvement. There will need to be ownership of involvement and attendance or participation will
need to be assured.
Amendments 39
and 40 seek to clarify how places that have cost which cross local
authority borders will be managed. These amendments are clear. It will be good to understand how issues
that straddle local authority borders will be managed and where the responsibility lies. Because we
**** Possible New Speaker ****
know our borders... I move the amendments. Amendment proposed, clause 3,
page 3. Leave out lines 25 and 26.
page 3. Leave out lines 25 and 26.
12:44
Lord Hogan-Howe (Crossbench)
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**** Possible New Speaker ****
My Lords, I rise to explain my concern about these child protection teams. Well intended as they are. I think Baroness O'Neill has explained
think Baroness O'Neill has explained there are some dangers to the arrangements that has been proposed. I think the good intention behind it
is to dresses one of the fundamental problems we have had in child
protection in the past which is many of the authorities who are charged with confronting the child abuser
have become frightened of them.
A consequence when someone should have
gone into the House and dealt with it, they have walked away. It has happened to the police at times I am afraid as well. Generally speaking I
think it is better obvious lie when it is necessary there is someone there who is prepared to take on the
frightening person who has done so much damage to a child or a baby. My
concern is if you are to include the police in this team it leads to a certain amount of confusion about
their role.
First of all while the police there? They are there generally because they are there to
enforce the law and to use the skills they have in that respect. They are not there because they are
particularly good at child protection. That is why social services exist. It is why health visitors exist, it is why schools
receive incredible training and are very good at helping children in the developing. Police officers
generally it is not their skill set. They are there to confront,
investigate crime and confront the suspect.
The second point is they
obviously are independent in the
operation of their powers. They are not under local authority control and not under control of government. They are not even under the control
of Chief Constable as I discovered from many occasions because they have discretion under the law and
are held account by the law in 1/4 times. They have to exercise caution
with regards to law. What concerns me about this proposal as it appears
they are moving under the local authority.
I know there are many
great people here from local authorities and I do not judge them at all. Sometimes that independence is vital. Not because the control of
the local authority inherently is bad but sometimes they have to investigate local authorities. They have to be separate and they have to
be clear. They might Ashley have to investigate a local authority about the care of a child. And therefore to bring them into the team I think
is dangerous and could confuse that They can make arrests, they can do
searches, they can search for evidence, but I don't think it is wise to bring them under the control
of this team and I'm really worried if that should happen.
On my second concern is that clearly there have
been pilots of a form of team around
the country. I think there are 10 of them. I think the result of that is
yet to be published. What's not clear is whether all the pilots are the same. In my experience, and we
have multiple pilots of different things that all think they are the
same, we sometimes come to the wrong conclusions. I think we need to see
the evaluation. Different pilot
might draw different conclusions.
If that is the case, that would be concerning for me. There ought to be
a clear model that has been tested. If it works, we all want to hear that evidence. But we haven't heard
it. It is such a radical change, well intended though it is, the
government ought to explain how that is going to be taken into consideration. If there are enough
concerns about how it might develop into the future. Well intended though it is, at the moment, I've
got more questions than agreement with the proposal as it stands.
**** Possible New Speaker ****
Iris to speak to amendments 32 and 35 which relate to children with
and 35 which relate to children with disabilities because these children are sadly more at risk and need our protection. Before I begin, could I
protection. Before I begin, could I just say to my noble friend baroness Fraser, I'm sorry that she cannot be
12:48
Baroness Sanderson of Welton (Conservative)
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Fraser, I'm sorry that she cannot be here today. She is exceptionally
knowledgeable in this area. I hope that she will approve of the following arguments, particularly in relation to with cerebral palsy.
While there are many different forms
of disability, of policy systems and practice can get things right for
children with cerebral palsy, then the benefits will be felt by
children with other conditions. Evidence gathered by the APPG
through its report found that many parents with children with cerebral
palsy lack confidence in local authorities to make suitable arrangements further child.
Some
feel like local authorities are obstructive, inconsistent,
unaccountable. Provision tends to reflect what local authorities are
able to provide, rather than what the child concerned needs to have the best chances in life. Now, much
of this stems from the fact that when it comes to children with
profound disabilities, local authorities are not always necessarily the people with the best
knowledge to be able to make the right assessment and be suitably
ambitious for the child. Section 17 of the children's act, as referred
to in amendment 35, outlines the local authority's duty to assist
children who are in need, and this definition includes children with
disabilities who may require paediatric developmental assessment
to fully understand their needs.
Amendments 32 and 35, when taken together, would provide an
acknowledgement of the necessity that a member of the specialist health team involved in the provision of care for the child,
someone who understands the condition and has the sector experience to understand what is possible, to be involved in the
multidisciplinary children's
protection teams. The persons referred to in subsection 3 in relating to provision of health
would have to be involved in the bodies -- multidisciplinary teams
are only defined as the health professional.
Therefore, this means that the health professional
nominated by the board could be the same person who represents the health board for all the other
assessments. The text does not specify they have to know anything
about the child, the health
prognosis of the condition, the services and interventions that must be best for the child, whether or
not they are or are not available in any one particular authority -- local authority area. Based on
specialist experience of children with disabilities.
In Scotland,
children with profound disabilities have a nominated health professional
who is responsible for coordinating
Takes the responsibility for
ensuring the needs of the child Ahmed. Sometimes committees needs, as you might imagine, might be quite specific and technical. For example,
when dealing with specialist resources for communication, assistive technology -- assistive technology. This lead health professional who has practical
knowledge of the individual child's circumstances and condition would
therefore always be included in the multidisciplinary team discussion.
It would not just be a
representative of the health board or paediatric health commission. Only recently in her letter to The
Times, Professor and Eileen Munro warned against giving these
responsibilities to less qualified staff. I urge the Minister to accept
these amendments or at least think of these amendments as they outlined the importance of including a member
of the children's disability team, someone who knows the condition and
not just a generic professional.
Guaranteeing the right to representation on these teams will
representation on these teams will
go a long way to ensure assessments are likely to be safeguarded, that children at risk have swift access to the resources they require and
where local areas do lack appropriate provision or expertise, there is a voice of knowledge to
ensure there is no fear of commissioning, a voice I can work with other specialist providers in
the best interests of the child.
12:53
Baroness Barran (Conservative)
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I rise to speak to my amendment 36 but I'm delighted to support my
noble friend baroness O'Neill and her amendments and also my noble
her amendments and also my noble
friend baroness Fraser who was represented by my noble friend
today. All of these amendments seek
to clarify some of the operational issues with the proposed multiagency child protection teams. I don't want
to steal from the noble Baroness the
Minister's remarks but I think she might remind the house that the context for introducing these teams
came from the Independent Review into Children's Social Care which
the previous government commissioned and was led by the honourable member
for Whitehaven and Woking 10 --
working 10 -- Wokington.
This was tested out along with wider reforms to targeted family help and support
for children in need is to find
under the Children Act. So the spirit and direction in which this
is going is something that we
support but our concern, as Lord Hogan pointed out, are about how it
is operationalised in practice.
Noble Lords may be aware that in a former life for joining Your Lordships' House, I was involved in
the establishment of multiagency
teams all around the country to address high risk cases of domestic abuse which were known as
multiagency risk assessment conferences.
We did that in every local authority in the country. As
the income of those children of those teams were managing around a
thousand -- in the end, those teams
were managing around thousand children's cases. I do feel for better or worse I am familiar with the issues that are important when
operationalising this kind of work and the detail is important to these
teams. How senior are these people? Is it a senior representative covering all cases? As my noble friend Baroness O'Neill said, who is
friend Baroness O'Neill said, who is
? And the noble Lord Lord Hogan, how can we share information legally? How does information sharing translate into action planning and
how do we involve the family? These and many other issues are so important to get right and we will
explore them in more detail in some of the other groups in this clause.
Turning to my amendment 36, it simply seeks to understand how the government thinks that the new statutory multiagency child
protection teams will interact with
the existing multiagency work, in particular... There are so many
acronyms in this world. The MASH teams. It's in the documentation.
teams. It's in the documentation.
The MASH teams which are pretty much universal now around the country. They are not statutory. Some are
great, some perhaps less so. How does this team interact with the
Multiagency Risk Assessment Conferences? Or the multiagency
protection...
We know that resources are tight so need to avoid duplication. Equally, we also know
that no statutory agencies, and I know the noble Baroness lady Taylor who is in her place knows this extremely well from her work outside
this house. Non-statutory agencies
at the very least bring different information to multiagency work, but
frequently, there really trusted and can build relationships and families
that can be harder for statutory agencies with the powers that they hold. I would just be grateful if
the noble Baroness the Minister could set out how she expects the
multiagency child protection teams
multiagency child protection teams
MASH, the MARAC and any other -- --
MA acronym that is around.
Just in keeping with my noble friend
Baroness O'Neill, my key question in
relation to amendments 36 and 39,
how does she think the involvement of partners both statutory and non-
statutory will be funded? What we
hear from the Pathfinders is that it is very difficult to get other agencies outside the local
authorities to participate in the teams, and that some of the extra funding that Pathfinders have been
given is gone on funding police
officers to attend multiagency child protection team, which in my world
feels like an odd thing for the local authority to be doing.
And
clearly, I assume the noble Lady doesn't think that is a sustainable model, that loan for non-statutory
agencies, where all too often we rely on their goodwill and don't
acknowledge the pressures on their budgets. I'm also very interested to hear the ministers reply to my
amendment 39 and 40. She will know that for vulnerable families, it
happens all too often that one parent lives in one local authority and another lives in another.
Families move from temporary housing
in one authority to another.
Child might be groomed by a gang in
another local authority. I think I'm right in saying that a contributing factor in the tragic case of Sara
Sharif was that she moved local authorities. The understanding of the degree of harm she faced did not move with her. The language in the
bill which talks about child protection teams only working in their local authority area really worries me and I absolutely support
my noble friend's amendment 40, which replaced it with a clear
statement about cross-border responsibilities of local
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I would like to build on the
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I would like to build on the point made by my noble friend,
point made by my noble friend, Baroness Barran, and add my support to amendments 39 and 40. I wondered if in her response, the noble
13:01
Baroness Evans of Bowes Park (Conservative)
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Baroness, the minister, could explain how this approach of the
current bill aligns with the move to sort of combine may oral authorities, it seems like the agenda is actually encouraging regions and areas to work more
closely together, which seems to slightly jar with the approach set out currently with the bill. I would appreciate it perhaps if the noble
Baroness could put it into that context which she is responding.
13:02
Baroness Berridge (Conservative)
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My Lords, I rise to support
amendment 40, my noble friend, Lady Evans, pragmatic timing issue, which I previously mentioned in your Lordships house. But firstly, close
three is not a political matter, -- Clause three is not a political matter, it is well-intentioned response, as highlighted in the
tragic cases of what led to the McAllister review foot I would be
grateful along with the noble Lady, Lady O'Neill, to know whether these changes would in fact solve the problem highlighted in those two
cases that led to the review.
Of course, any new government brings in operational and structural changes.
And I join with the noble Lady, Lady O'Neill in the fact that local authorities are dealing with the
integrated care board organisations
at the moment and of course, they are preparing for perhaps their biggest government, local government, reorganisation since that of Ted Heath. So, in terms of
the timing, I wanted to ask the noble Lady, the minister, why it is necessary at the moment to do the structural changes to child
protection arrangements, when the local authorities are dealing with
other changes at the time? Local authorities, even in times of very
restricted finance, have shown many of them that they have prioritised
children's social care and actually, overall, England's local authorities are on an improvement journey in that the good and outstanding Ofsted
inspections, as far as I understand,
are increasing.
So why not wait to do any further structural changes,
until the new devolution arrangements, the new local
authority boundaries, are in place? And when there is more evidence, that such organisational changes, in
clause three, will improve matters, rather than inadvertently
potentially make matters worse. I want to join with the noble Lady, Lady O'Neill, that in relation to
the culture that might be changed here, if the family health teams do not see the child protection as part
of their role, that cultural embedding that has been happening over decades that are similar to a
school, where what you need to embed
is that safeguarding is everybody's responsibility, you might end up with them thinking it is not my responsibility, it is kind of like
the blue light service over there, which is the child protection team.
We could lose inadvertently, no one is deliberately at all trying to make our child protection
arrangements less effective. But I
do worry about that cultural loss that everybody is seen as their responsibility, in the family help team, and through into the social workers. Could the noble Lady, the
minister, please outline, why not wait until you have done your local government reorganisation? Do this
afterwards? Or maybe without the same time. Because for the staff, this is an awful lot of change in
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various departments of our local authorities. My Lords, may I speak to the
13:05
Lord Meston (Crossbench)
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My Lords, may I speak to the amendments 36 and 40, and respectfully agree with almost everything that has been said so
everything that has been said so far. An intimate 40 -- Amendment 40 concerns cases across local
authority borders, which can present practical problems, and sometimes
jurisdictional problems. Families, both parents and children, move around, and do not conveniently live
together at the same time, in the same local authority area.
Sometimes, as has been suggested,
they move to avoid attention.
And there does need to be clarification about how and by whom these
situations are to be dealt with. My Lords, Amendment 36 seems to be to
be more fundamental. There are of course existing established arrangements focusing on Children In
arrangements focusing on Children In
Need. Since the Children Act 1989, these can involve child protection conferences and child protection plans. Which identify risks and
assign responsibilities and
expectations. It is perhaps not surprising that there are now
operational concerns about the new clauses.
In particular, whether they
will unnecessarily duplicate or even disrupt workable and working
existing arrangements. In particular, we do need to know if
the new teams provided for in these clauses will require the
introduction of new personnel, in a way that will deprive the family of
the continuity and familiarity established by the original social
work team. It does take time for a social worker to build a relationship with a child and family. And that should not be
jeopardised.
Changes per world of
the children and frustrate the parents. The noble Baroness, Lady
O'Neill, referred to consistency and ownership. Those are not just
cliches, they are important. And they should, wherever possible,
pre-preserved. -- Be preserved.
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We haven't got any amendments down in this group but I want to make a few observations. First, I think it is really, really important
think it is really, really important we get this right. And we got that opportunity to do so obviously
opportunity to do so obviously between committee and report stage. I have personal experience of multiagency working in terms of
multiagency working in terms of child protection. And, not a great
child protection. And, not a great deal, but a few cases, and the thing
deal, but a few cases, and the thing that nobody has actually mentioned is that when a member of staff has
is that when a member of staff has left the job or moved to another authority, the whole process grinds
13:08
Lord Storey (Liberal Democrat)
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to a halt, or there isn't the expertise to pass on, or the person
is busy, the new person is busy looking at the case files and not able to pass on that knowledge that
has been gained. It was often very disruptive. Often as these committee
stages, someone will get up and make a point you had never really thought about. When Baroness O'Neill had finished, I thought, absolutely
right. But then, Lord Bernard Hogan
Howe, I haven't thought about the point he had made, and he is absolutely right in terms of the
police involvement, there have can Real thing, so getting these results that are actually workable.
It is
interesting that the child Commissioner says that it is official for assessment and support to bring greater consistency, and it
also picks on the point that Baroness Barran raise, and that is
about resources. It is important we
get the resources absolutely right. I was interested in the point about
actually sharing practice with those practitioners. But they don't come with their own particular viewpoint
but they have that training and expertise to share and listen.
Cross-border working can be very difficult indeed.
And can sometimes cause real issues as well. But if we listen to what each other are
saying, "this right. -- We can get this right.
this right.
13:10
Baroness Smith of Malvern, Minister of State (Education) (Labour)
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My Lords. As we start on of these amendments relating to the operational delivery of multiagency
child protection teams, can I perhaps just respond to a few general points, therefore I go into
general points, therefore I go into
the details? Of the points that have
been made of the amendments. First of all, with respect to the point that Baroness O'Neill made, both today and on Tuesday, I just have to
say it is not true that there is no support for these arrangements amongst local authority, children's
services, amongst organisations concerned about child protection and
keeping children safe.
There is
plenty of support. It is also not
the case that this idea has somehow fallen out of the sky. In fact, the
noble Baroness, Baroness Barran, gave us a good explanation of the history of this. But of course, this
government, last autumn, published keeping children safe, helping
families thrive, with provisions, with the provisions that are in this
legislation, included within it, so
there has been plenty of time, and in fact, the department has taken the opportunity to talk to a broad range of professionals and others,
about how we will ensure these, all
of the provisions in this bill work properly for tap and of course, the provisions in clause 3, particularly
relate to the duty here protect
children, with respect to the legislative arrangements around
child protection.
And the experience of child protection is that too
often this most difficult and crucial area of children's social work is, has been carried out by
work is, has been carried out by
social workers who are perhaps less experience, who are not experts necessarily in child protection, and they have had to do it without the
full story of the children they are
trying to protect because of the lack of strongest possible input
from a range of different agencies,
to create that.
-- Create that full story a child and there needs to make sure they are protected
properly. I will say in respect of one of the concerns expressed by Professor Munro, which I also
emphasise on Tuesday, it is not the case that these provisions downgrade the quality or the nature of social
workers who will be working on child protection. There will actually increase the likelihood that the most experienced social workers will
be working in the most difficult
area. And we are clear that within
the multiagency child protection team, that it will be a fully qualified social worker who will be
responsible and there.
Equally, in family help, where the worker is dealing with a child for which there
are child protection concerns, that will also be a fully qualified
social worker. To turn to the detail of this, and how we got here in the
first place, of course, as many noble Lords have said both today and other debate on this bill, nothing is more important than keeping children safe. Ineffective,
multiagency working, is a key factor where child protection activity
fails. And despite existing legislation day-to-day operations
can be inconsistent and ineffective.
In their review, the child
safeguarding practice review panel found that inexperienced practitioners, ineffective multiagency working, and poor
multiagency working, and poor
information she within and between agencies has missed opportunities to
protect children. As I said, this is the situation I am sure all of us are keen to improve. Often several practitioners have information about
the child and their family, but the lack of joint working means that
vital opportunities are missed to protect children from serious harm,
for example, the GP treating a parent for their substance misuse, a school that notices a child arriving unwashed and unfed, and the police
involved in callouts for domestic abuse.
But no one has the whole picture of the day-to-day life of the child. Early results from the 10
the child. Early results from the 10
local area pathfinders for family first, a program that is embedding family help, multiagency child protection, and family group
decision-making, as we discussed on
Tuesday, as a single integrated system, do demonstrate better management of complex issues, reducing crisis points, and enabling quicker effective interventions
where children need protection. And I hear again the calls for the
publishing of the first part of the
evaluation of the pathfinders, which I wholly understand.
And I hope, even if it is slightly later than
spring, that will be available, I know it will be available for the
development of these teams. But we
are not even waiting for that. We are using already the experience of
those going through the pathfinders to help to support practice in other local authority areas. Through
webinars, through the opportunity to share, not just good practice, but the challenges they are finding. And
the challenges they are finding. And
in fact, the fact some pathfinders are finding some things difficult is precisely the point of having a Pathfinder.
It is so they can
actually work out what works, where you might need to change things, how you are going to need to
operationalise it, what additional support might be needed, but in this bill, we will establish multiagency
child protection teams. In every local authority area. And this is a planet responds directly to
recommendations made by the National Child safeguarding package review
panel. This will help to assure the lack of join between services is not
one of the reasons a child dies or is seriously harmed, and once again, today, some noble Lords have called
today, some noble Lords have called
There has already been, arguably too
many people have understood the problem about the necessary change wasn't made.
That is not to say that
I believe that there aren't challenges in doing it. But the
sooner we start, the sooner we will be able to overcome those challenges
and put in place a system that is better and safer for children. On the point about a local authority
reorganisation. I was very pleased, that at the moment at which the noble lady, Baroness Berridge was
making this point. My noble friend, Baroness Taylor was sitting next to
me. She reassured me that in the
plans of the local authority reorganisation there has already
provision and great care taken to ensure that whilst long-term
reorganisation is going on, short-
term transition and activity are also very clearly being carried out
and planned for.
And I'm afraid, whilst some people might always wish
for a period of calm, in which to make any change. I have to say, in
my getting on for 40 years now, a whole range of child -related
services. There has never been a period of time when everything has
been calm and unchanging and you could therefore safely and easily introduce meaningful change. I am
not convinced that awaiting is what would best serve children, or all
the professionals working in these areas, at this point.
Turning it
Amendment 29 in the name of Baroness lady O'Neill. Concerning the type of
support the Secretary of State will require, multiagency child protection teams, confined to the local authority, by regulations. I
want to reassure laws that this
power is limited, strictly limited to the provisions related to the
local authorities a discharge of its duties, under section 47 of the Children Act 1989. In other words,
the child protection provisions. And it is subject to scrutiny under the affirmative procedure.
In, the
regulations that this government
seeks to remove. In addition, the support and operational functions of these new teams will be set out in
regulations, following a consultation. Informed from sector
experts, safeguarding partners and evidence, as I said, from the Family First partnership program. Turning
to amendment 31, about the membership of the multiagency child
protection teams. I think that noble Lady, Baroness O'Neill was referring
to the group of relevant agencies that are required to support and
cooperate with safeguarding partners, when it comes to safeguarding and protecting children.
The bill is clear that
there will be a core membership of
each of the court compulsory membership of their teams. That will
be a police officer, a social worker, someone with experience in education and health. Those in
education and health have to have
experience of working with children. I think we are coming on in a later amendments to talk about the
qualifications that might be necessary, in this area. Section 16 E of the Children Act 2004 already
allows a safeguarding partners to determine which relevant agency,
those other than those core members
that I've outlined, should be included in a safeguarding arrangements.
And under section 16 G, the such relevant agencies must
act in accordance with these arrangements. The new duty regulations acknowledge the arrangements about some of these
agencies may enter into, in supporting local multiagency child protection teams, to respond to
local demographics and needs and harms. You can imagine, couldn't you, that in certain areas the core
team, or at certain times, the core team may well decide that they have
a particular need to draw on the expertise of particular, of other
agencies.
And, for example, in Warwickshire, multiagency working,
on child protection has been strengthened, by: location with
preparation and use a justice teams. The regulations will designate the relevant agencies that they can be required to work, with a
safeguarding partners, to support the teams and then the partners will be able to identify from that list
of the relevant agencies appropriate for the local area and to enter into a memorandum with them. And with
confidence, setting out agencies in regulations achieves the intention of this amendment, whilst maintaining flexibility, local
delivery.
To respond to the points
made by the noble Lord, Lord Hogan
Howe, who has considerable knowledge and experience, in the leadership of
policing. Where however I disagree with him is the suggestion to stop I
do not think he quite thinks about this, there is no role for policing in safeguarding and protecting
children. I do not think that was what he meant. And therefore, it is
wholly right to consider that in
order to build that full picture, of children, you would want and need to have police officers, with a
particular expertise, in that type of work and my recent experience, in
a children's social care was in the
West Midlands, where the police of their determined that there were
certain police officers who would take a specific responsibility
around child protection.
I understand that different forces might want to have different ways of
responding to that, but that may well be a way that police forces
would respond. And on the point about accountability, which I do agree with the noble Lord is
important. Whilst we are saying that there has to be representation from
the police, in the team. They will remain linked to their force, local authority will not have any authority, over them. The police
person is there to provide the team with the information, that they
have, for example if they have been called out on a domestic abuse call, or child criminal exploitation.
They
are there to help the social work and the team come to the right
decision for the child. And I have to say that I would have thought, for policing, as the other agencies,
getting the decision right for the child at this absolutely critical moment is frankly, although this isn't the primary reason for doing
it, likely to prevent further work and damage to that child, further
down the track. It feels like a
worthwhile activity, for me. There is no change in accountability, between the local authority...
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Sorry to interrupt the Minister. On one point she has raised. I can
On one point she has raised. I can hear the accountability point. To combine a couple of things that she
combine a couple of things that she mentioned. The team can call on the right skills, at the right time,
right skills, at the right time, that is obviously a major argument for this team. Skills really the
for this team. Skills really the police bring, then child protection experts, they are not children
experts, they are not children development experts.
The ability to
development experts. The ability to investigate crime. They bring nothing else to the table here. I'm not quite sure, apart from being innately nice people, I hope,
innately nice people, I hope, reasonable people. I'm not gonna say they have no skills, that is not the
they have no skills, that is not the point. The professional skills they bring to the table, professional powers which are investigated by law
is about how they investigate and if the team turns up and says it is
your turn to see this fellow., Or this mother.
It is for the police to
this mother. It is for the police to
call. While I on my feet. The point
that is identified about the gap in knowledge and host data that the
others may not have access to. That is why we have people sat in groups,
around the country as has been mentioned already. That is what they're supposed to be doing. Maybe
this report, not doing it as well as they could. I'm not sure this team
is going to fill the gap.
My final point in the evaluation, which I know she said, is the only data is
how many children got hurt, or died. Or the development was interrupted,
or that the satisfaction of the families involved was enhanced, as a
result of this team's intervention. Those are the core issues. Do kids get protected more by getting hurt
less? And can we prove it? The rest
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afraid is a bit soft. In my view. I wholeheartedly agree with the
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I wholeheartedly agree with the noble Lord on the finer points. That is exactly the objective of what we are trying to do here. Whether or not the evaluation, after a
not the evaluation, after a relatively short period of time gives us conclusive proof about that, I would be unsure. That is
that, I would be unsure. That is absolutely the objective is not working backwards, through his
working backwards, through his points. I think he is right, police play a very important part in multiagency safeguarding hubs.
That
multiagency safeguarding hubs. That of course is what happens at the point at which people, or other agencies, are thinking about
agencies, are thinking about referring into the system. Quite
often it helps to provide earlier support or more clarity about whether or not children should be
being referred into the system. It is not specifically about child protection. As I was saying at the beginning, it is probably the most
difficult and the most crucial point in thinking about the, the point at
which the child is in the system.
And I, I am surprised at the noble Lord, because I think he under cells
the point of what police officers do. He knows about the officers he
was responsible for would have known when they were being called out to
domestic abuse K series, when they were being, what intelligence they
had about the likelihood of children are being exploited through gangs.
Or in other ways. They would have
known who were the people in the local authority frankly who are getting into trouble and whose
children were therefore likely to be in danger.
They would have known the events that had happened, that had
brought disharmony, or difficulties into communities. All of that
information, they would have known who was taking drugs and who was stealing them. All of that
information, you can imagine, couldn't you, the right point in this consideration of a child's case
would be really, really important, forgetting that full story, about
the child. That is why I think it is right that police are involved in
this. The noble Baroness Lady Barran
did raise the point about funding, which is a fair point.
That is why, as I have previously talked about, I
will talk about again. There is more investment, for, for this
initiative, that the government is putting in place. I would also, as I think I have been saying, been clear
to policing, that this part of their
responsibility and I think in many police forces that are recognising that. The multiagency child
protection team enables that to be as effective or as possible in the
way in which it is put together.
Turning to the amendments, in the name of the noble Lady Baroness
Fraser. Spoken to today by the noble Lady, Baroness Anderson, which seek to include social workers with
expertise in working with children, with disabilities, in a multiagency team. I absolutely agree that the
team should be quick to identify and understand and respond effectively, to all children and their families.
I want to reassure the noble Lady that there is, as I was describing, earlier, already sufficient flexibility for safeguarding
partners to determine which social worker, health practitioners, are
most suited to working these teams.
I could imagine that there would be
times, when it would be appropriate to have a social worker, or a health worker expertise, in disability
involved. The point is that in the legislation, I think it is important
to determine, as it does on the face of the bill, who are the key compulsory members of the team. And
then to have, in regulations, the other agencies, who could be called
on, in order to support the multiagency drug protection team.
And it just isn't appropriate to list, in a legislation, every single
agency, or worker who might potentially be involved.
That
doesn't mean that they would not be important. I do however recognise that disabled children and those with special educational needs have
got a particular probability and it is also, with that in mind, worth noting, that statutory guidance,
working together was strengthened in Act 2023 to recognise the specific needs of disabled children. Emphasising a whole family approach
for support and services. Baroness Anderson also touched on the wider
concern around special educational needs and disabilities in education. I can only assure her that this
government is very seized of the enormously difficult position that
the SEND system finds itself in a
moment.
It will certainly be coming forward. Having worked with parents
and others, with reforms to help us
to ensure that the system, which rank isn't working well enough for
families, children or their parents, and the moment, does in fact work
Turning now to this amendment, she is right, there is a complex set of arrangements in children's social
care, and it is important we are clear about how these new
multiagency teams, with the arrangements she outlined. And the integration of course of those teams working across the safeguarding
system is essential.
But as I suggested earlier, this duty is
clear that new child protection teams will be distinct from other
existing arrangements. For example, because they specifically support local authorities to deliver their
section 47 duties under the Children Act. In other words, they are focused on child protection, they
will bring expert multiagency focus to child protection concerns and
swift intervention, where needed. In other words, sharp and fresh focus when a concern is raised about significant harm. And the point is
that within this child protection specific area, there is not a
multiagency team at the moment the
day-to-day operational detail, and I recognise the noble Lady's previous experience, as well as her knowledge
experience, as well as her knowledge
of Mysterio life and at this -- Ministerial life and in this place.
She will understand that detail
firstly will be and should be worked up in the light of consultation with
those pathfinders, but also others,
in the way this will best work. And will be set down in regulations and guidance. Enabling local flexibility
in how these new teams fit with any existing local multiagency child and
adult safeguarding system. And turning to speak to amendments 39 and 40, in the name of the noble
Lady, Baroness O'Neill, and other noble Lords, who rightly wanted clarity on how areas will work
together across local authority boundaries, making sure they do not
lose sight of any child who needs protection from harm, but also
recognising, several noble Lords did, that quite often, actually working across boundaries may well be the most effective way to deliver
the service.
The Children Act 2004 allows safeguarding partners to
combine for the purposes of delivering of safeguarding, delivery
of safeguarding, in a local area. And in future, this will include the running of new multiagency child protection teams. But accountability
is important here. These teams' primary focus is the children who are the subject of the child protection concerns. And we know,
from a national and local reviews, the clarity about agency
responsibility for individual
children who need protection prevents serious harm. Provisions in clause three allow flexibility for
safeguarding partners to combine for the purposes of multiagency child protection teams, but they require that the social worker and the
education practitioner, nominated by the local authority to work on these
teams, can only do so in relation to the local authority area that nominated them.
This is the right approach to take the children, and
it ensures importantly the local
authority has statutory responsibility for the child and continues to be accountable for that child. Even where the team covers
more than one local authority. We do not want to change this at risk
children slipping between the cracks. However, I do want to stress this does not prevent, as I have suggested, collaboration or consultation with other local
authority areas in terms of decision-making or information. Not least because of the examples that
noble Lords have used.
And it does not prevent more than one local authorities being included in a
combined multiagency team, it just prevents any confusion about accountability for individual
children, which is clear. I hope noble Lords are reassured, that we have considered the functions, flexibilities, and expertise for
these teams carefully. We will
continue to consider it as we learn from the pathfinders, as we learn from our engagement, and as we develop the regulations and for those reasons, I hope noble Lords
will feel able to withdraw their amendments.
13:36
Baroness O'Neill of Bexley (Conservative)
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I thank the Minister for the response, which was very detailed
and I also thank all noble Lords for their contributions. I think what it has shown is the passion for keeping
has shown is the passion for keeping
young people safe. And I don't think anybody wants to get that wrong, which is why everyone is making such
passionate contributions. To do so, really, you need as much information
as possible and the sharing of those pilots is quite pivotal to one of
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that. So, I thank everyone for their contributions and I beg leave to withdraw my amendments. Is it your Lordships pleasure
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Is it your Lordships pleasure these amendments is withdrawn? It is by leave withdrawn. Amendment 30,
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Baroness Barran. My Lords, I stand to speak to amendment 30 in my name and the name
13:37
Baroness Barran (Conservative)
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amendment 30 in my name and the name of my noble friend, Baroness O'Neill of Bexley, and Amendment 37, in my
name. Amendment 30 goes to the heart
of one of the three major concerns expressed to me by several directors of children's services, and I just
wondered whether with the noble Baroness, the ministers, permission,
we could park what feel sick. Is developing about with the directors
of children's services are supportive of the aims of these reforms. I think they're all
reforms.
I think they're all
supportive of the aims of these reforms, certainly the once spoke to, I cannot speak to the others,
the concerns we are trying to flag are that they are worried about implementation, and so, the noble
Baroness the Minister, I just worry she is not hearing the whole
picture, and maybe that is something she wants to explore further outside
the chamber. But it isn't just those
private conversations, perhaps in gentler terms, the local government
Association and the ADCS of highlighted concerns in this area
about the degree of discretion that local authorities will have in how
they implement their new multiagency child protection arrangements.
And my amendment removes some of the
prescription that is in the bill
around membership. But also, I would commend to all of your Lordships
interested in this area to read the Department's Family First Program Guide cunningly titled, which states
very firmly that it isn't guidance, but trust me, when you read it and it keeps saying it is going to set delivery expectations, it feels
quite a lot like guidance. And that document is prescriptive. So when,
document is prescriptive.
So when,
, talked about flexibility and so on, that program guide doesn't feel very flexible it says you must have read child protection rules. There
will be the removal, in many cases, of independent chairs of child
protection case conferences. It gives an overview of the reform
across the whole system and I think
one of the reasons, and I can no speak personally, that maybe I woke up a bit late to some of the
problems with clause three, is that this is the whole system reform.
The Minister rightly referred to the document published in November, there is this document that was
published in March, and there have been a number of others. And we need, as a house, to think about it
in the round, even if only parts of it are in the bill. But the program guide gives a very tight timescale
to direct the children's services to
implement these changes. And is very clear about expectations about how
the additional funding should be spent. So, I am sure the noble Lady is advised to talk about
flexibility, but, if I was stretched to children services, it wouldn't
feel very flexible when reading the
document.
The concerns that we have heard are, I hope, addressing my amendment. But also, the spirit of my amendment is wider in its aim
align autonomy and accountability.
Local authorities will ultimately be held responsible for the effectiveness of the multiagency
child protection teams, indeed, in part, for some of the reasons the
noble Lord, Lord Hope, who is no
longer in his place, expressed his remarks earlier. So, with that responsibility, surely more
discretion over implementation should be permitted. And I just wonder if the noble Baroness could
come in her closing remarks, address
that point.
As I mentioned, the worries I heard come from some of
the details set out in what I will
call the FF PCG, which only those in this House will know what that means. Which risk disrupting the finely balanced approach that
finely balanced approach that
currently exists, with local authorities, between early help targeted support, section 17 and section 47, but it risks adding costs with the need for additional
costs with the need for additional
lead child protection social workers for the separate multiagency child protection arrangements.
Where are those social workers going to come
from? And how will they be funded? That it risks losing the critical fresh pear revised that an
independent child protection case --
Pair of eyes, currently provides. Obviously, we have seen in many cases it is important to have that
independent independence from someone who is experienced and can think again about the risks that
remain to a child. Those families will now have two social workers, where they are in child protection,
with all of the resource and case management implications and indeed, the risks that the family play one
the risks that the family play one
social worker off against another.
So, rather, as my noble friend, Baroness Berridge, said, focusing on the cultural and organisational
issues that make all the issues in the quality of social work, the
government seems to be focusing on process and there is a risk of adding complexity, and I think there is no question that it has cost. So,
is no question that it has cost. So,
again, I be grateful if the -- I would be grateful if the noble Baroness could explain why. And, as
has been said, what I think deserves saying it again, the real concerns there isn't sufficient evidence
based and I will cover that a bit
more in the following group.
Amendment 37, in my name, requires the Secretary of State to produce a report on the impact of the
multiagency child protection teams. And I think this would work well if, firstly, the government publishes
the evaluation of Pathfinder sites which the noble Baroness has committed that that will happen.
Secondly, that it addresses any
practical issues arising as she said, and I agree completely, the whole point of the pathfinders to
find out what works in practice and what does not. But that timeline in the program guide says March 2025,
for 12 months, local authorities are
expected to have implemented the changes needed in their teams, to
start these reforms from spring of next year.
So, I do not know how we
address practical issues and expect them to do that transformation work with no further visibility on
with no further visibility on
with no further visibility on
Thirdly, it makes sense, if the Government agrees with some version
of my amendment 30, so that there is some discretion for the direction of children's services, in say Cumbria
to implement these slightly differently from children services
in say Hackney. There will be some variation in approach and it is both
responsible and I would argue useful for the Secretary of State to report
on this, so we reinforce a culture of learning, across the sector and support local authorities to evolve
a model based on this.
I look forward to the Minister's reply. I beg to move.
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Amendments proposed, clause 3, page 3, line 27, leave out from
13:46
Lord Addington (Liberal Democrat)
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page 3, line 27, leave out from beginning to end of line 11, on page 4.
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Listening to the noble Baroness introducing these amendments. Let's
introducing these amendments. Let's see what the answer is. The one really attracts my attention is 37. How are you going to assess how
How are you going to assess how they've worked? A point that the noble Baroness made earlier on which
noble Baroness made earlier on which was reasonable might want a different type of implementation in different areas. If you are doing
different areas. If you are doing something new, how do you assess how it has been successful, where it hasn't been.
If the noble Baroness
hasn't been. If the noble Baroness could point out where in the government process that is going to happen, if it is, would be very
13:47
Baroness O'Neill of Bexley (Conservative)
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happen, if it is, would be very interested to hear. If it is something which is convincing, I
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hope we can put this to bed. I rise to support my noble
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I rise to support my noble friend, Lady Barran regarding amendment 30. Element 30 builds on the previous conversation in seeking to confirm that local authorities
to confirm that local authorities can use the discretions in how the multiagency child protection teams
multiagency child protection teams are implemented operationally, in their areas. In addition to the
their areas. In addition to the contributions previously made about pilots and having the information
pilots and having the information about those pilots. I want to make two very good reasons for why I
think it is imperative to ensure that it is local decision-making, will become effective.
That is how there can be confusion over legal
there can be confusion over legal accountability and how the bill could weaken local authority
could weaken local authority leadership. Statutory responsibility for safeguarding will still rest with local authorities. As has
previously been said. The partnerships all the multiagency teams. If all functions, a local
agency within a multiagency team, it
may become unclear who is ultimately accountable. Especially in the case of a serious case review procedures.
As was referred to previously, currently, DfE guidance working together in 2023 emphasises other
while functions can be delegated,
accountability cannot transferred from top I have previously referred
to the issue of budgets from other departments, especially police and health and how that might impact
their involvement.
We also need to
consider the fact that all agencies. In my area, police under leadership
and the Mayor of London, a borough relationship, the NHS is 86 borough
relationship. I quite often will get notices from the police that will identify a child in Lewisham and I
have to say to my team, is there a connection to Bexley? There is a
potential confusion there, of course with that confusion comes the
ownership. This could create issues. Not least returning the ownership
but the cost around it.
The other risk week local authority
leadership. Over consolidation into multiagency spaces could disempower
directors of children's services, or indeed the lead members as we have been part of. Who are statutory
been part of. Who are statutory
leads to safeguarding. There is a risk of fragmentation, fragmenting governments. It is for those reasons
it would seem sensible to entrust the local authority to use their discretion in how the multiagency
child protection teams were implemented, locally, in their own area. I support my noble friend.
13:49
Baroness Spielman (Conservative)
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I am standing to speak in
particular to support amendments at 37, put forward by my noble friend, Baroness Barran. For several
reasons. First, she has spoken and
others have spoken about the enormous amount of change that is being imposed on the sector, both in structures, currently and
prospectively with local government reorganisation and with many
processes and through these reforms. And I do think that we have now
heard from enough people, here and
outside, to think that there is good reason to be concerned about poor decision-making, arising from the blurring of early help, targeted
support, children in need and child
protection.
There are potentially parallels with the SEMD reforms, a
few years ago where a new model was expected to simplify and reduce
costs and reduce numbers in the cistern and has actually sadly done
the opposite. Other points that have sadly been done about the blurring
of accountability. Again, I think there is reason to be concerned. I
observed I was part of a national implementation board, post the care
review and I will say that I was struck, in that process, more than most government processes that I've
been involved with, that many people seem to find it hard to say what
they really thought to Ministers, perhaps pull punches a little bit.
I think it is incredibly important to
make sure that there is a report
that all can see that is really transparent about how these reforms are working in practice.
are working in practice.
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So, we come onto a bit more understandable consideration of how
understandable consideration of how the teams will work, in practice and
the teams will work, in practice and particularly with respect to local authority responsibility.
13:52
Baroness Smith of Malvern, Minister of State (Education) (Labour)
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authority responsibility. Multiagency child protection teams
will only be effective, if they are truly multiagency. There is an
understandable concern here about the role of, the significance of the
role of local authorities. It probably also is worth remembering,
as in fact we discussed, on Tuesday, safeguarding partners, local
authorities, health and police do have a joint and equal
responsibilities for safeguarding, in legislation. And what we're
trying to do, through multiagency
child protection teams, is to ensure that in day-to-day and operational terms, with respect to individual
children's cases, there is a practical way for those responsibilities, the information
that those agencies may have had to be brought together.
As I say in
that full picture about the child. I spoke earlier, about the findings, from the child safeguarding,
practice review panel. Into child protection. To tackle the issues
that they identify. We do, as I
suggest a need multiagency experts, in a room together, sharing information and bringing their different perspectives to decisions
that protect children. It is important that we ensure the right people are deployed, to those teams,
so the experts a swift and decisive action is taken to protect children
and we recognise the importance of safeguarding partners reporting on the impact of the arrangements, to
make sure that this is happening.
And of course, we do need to base
that, as has been the argument in other parts of this bill, so far, on
the best possible evidence, which is
both the professional work that constituted both the child
safeguarding practice review, panel review and also, as others have mentioned, the independent review by
my honourable friend, Josh McCallum,
Josh Mac Allister. We also need the evaluation that other nebulas have spoken about. I will say that it
will come in at more than one stage.
There will be both the evaluation of the process, some of the practicalities of setting up process, which the noble Baroness,
Lady Barran reference. And also,
later, about the impact of the
teams. Turning to speak to amendment 30, in the name of the noble Lady,
Baroness Barran, which seeks local discretion in multiagency team membership. And organisation. Requiring a safeguarding partners to
nominate a minimum team reflects
partners collective duty to safeguard and promote the welfare of children, in their area.
They will
also have, as I outlined in the previous group, they will also have flexibility to add other agencies,
or individuals reflecting on her needs and to tackle local harms. We know, from families first Pathfinders these teams are already
making a real difference in the recent OFSTED inspection, one of the Pathfinders received an outstanding
judgement and when children are at risk of significant harm, strategy meetings are well attended by
partner agencies. Effective information sharing and analysis of risk lead to children receiving the
right intervention and support.
It is right that we celebrate the success and learning from
Pathfinders. And of course, learning, as I suggested, previously from where things a bit more
challenging. And on the point about
resourcing, for this, as I said, also, I think on Tuesday, this
transformation journey is being supported, from £500 million families first partnership program,
funding. On a couple of specific points, made by the noble Lady,
Baroness Barran. A point about whether or not this is doing away
whether or not this is doing away
with a independent chair.
One of the main purposes of the multiagency child protection teams is to have a
fresh pair of eyes come in at the point of the section 47 inquiry. And the new leader child protection
practitioner role will work, in fact is working, in Pathfinders, in a
very similar way, as the current independent chairs do. I take her point about the need for a fresh
view of independence, that is built
into the design of the teams. On the point about whether or not this will mean children having more than one
social worker, children and families will stay rooted in a family help, throughout.
The multiagency child
protection teams will need, the
child protection, functions, working with and wrapping support around children, families and the family
help need practitioner. The multiagency child protection team
brings expertise and a fresher focus on significant harm. The leader child protection practitioner will
be an experienced social worker and will not be the case lead. In other words, the importance, ongoing
relationship, but I know that children feel so strongly about,
with respect to the person that they
can understand and work with and gain a relationship, will remain in
place here.
There will be additional expertise brought to this, from the multiagency child protection team.
On amendment 37, which places a
requirement on the face of the bill, for the Secretary of State to report annually on the teams impact and
activities. I completely agree with the noble Lady, Baroness Barran and in fact with the noble Lord, Lord
Addington. It is essential that we understand how multiagency teams are
leading to better outcomes, for children. And that this learning is
a shared across the system.
That being said, safeguarding partners already have a statutory responsibility, to publish annual
reports on the multiagency, safeguarding arrangements. This will include reporting on multiagency
child protection teams, once at the
teams come into force. Statutory guidance, working together to safeguard children, already sets out
the information that should be included in the yearly reports. And that will include evidence of
impact. And guidance will be updated to meet the reporting requirements,
for these are new multiagency teams. There will be, A-level which it really matters, a responsibility,
both to accounts and report for the specifics of the safeguarding arrangements.
And on that basis, and
with those assurances, I hope that the noble Baroness Wolf are able to withdraw her remembrance. withdraw her remembrance.
13:59
Baroness Barran (Conservative)
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I would like to thank, warmly all
those who contributed to this short debates. And, in particular to my
noble friend, Baroness O'Neill for
her very practical examples of how
it works, on the grounds and the very reasonable concerns that she
and colleagues have about these
reforms. If I'm honest, I am just worried when I listen to the noble
Baroness that there is so much
confirmation bias in her remarks.
That this is going to work exactly
as we all would wish. I would be the first to admit I am a wrong if that
turns out to be the case. The most big, gated reforms, like this, do
not go exactly as planned. Some things get better and something
died. I hope the Government keeps an
died. I hope the Government keeps an
In terms of some of the remarks that she made, she talked about feedback
from the pathfinders and I think she
cited Dorset as having just received outstanding.
My understanding, she will correct me if I am wrong, is that pathfinders are all very strong
areas. They were chosen because they are strong and they have the
capacity. So, leaving aside the much
trodden argument about where is the evaluation. Actually, whereas the
testing in areas that are not as
strong. It -- And maybe she would like to say a word about that because that has not yet happened.
And in relation to the point about independent shares, and I am not sure if it is still the same director of children's services, but
there was an article on community
care at the end of 2023, where, in relation to this, the director of children's services in Dorset said
they were testing this out in one of
its localities, as a Pathfinder, adding " The authority was not sure it was the greatest idea in the
Pathfinder program.
While we were
testing it out, we will have one of our quality assurance professionals in the meeting to offer security, independence and to make sure the
parent voice is heard in that meeting.", so maybe it is all running as smoothly as the noble Baroness suggests, or maybe it is
not. And I would also be grateful she has cited ornate of occasions
the figure of 500 million funding,
which of course is correct but can she confirm that within that, 290
million is new money.
That is predominantly for the early help function, rather than multiagency
child protection, but I may have
misunderstood that last balance incorrectly. So, perhaps in a later group, she will have a chance to
feedback on that. In relation to
amendment 30. I think one can argue in both directions, these agencies already have statutory
responsibilities. And they already work together in a multiagency way, as we have heard in multiple different fora around the country.
And while a child protection focuses obviously imperative, I don't argue
with that at all.
I think it is an artificial argument to suggest, and
I am not saying this is what the noble Lady was saying, but just to be clear, I don't think you can just
say that support for high risk
victim of domestic abuse or work with the perpetrator of domestic abuse doesn't have an impact on the
safety of the child. I know the noble Lady understands that it does. But the risk of putting one bit of
the system kind of locked down in this way and what the ramifications are for the other parts that are already working, I think, is at the
root of our concern.
In relation to
having a report, the noble Lady said we have the reports where it
matters, I think is what she said. At the individual local authority
level. My amendment was not suggesting that those reports should
be lost. I am sure they serve a very important purpose. But this is a
system level change, and therefore, I am surprised that the noble Lady
isn't more open to an opportunity to have system level, dare I say,
critical thinking, like we are going
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to introduce into the curriculum. But with that, my Lords, I beg leave to withdraw my amendments. Is it your Lordships pleasure the
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Is it your Lordships pleasure the amendment be withdrawn? The amendment is by leave withdrawn. Amendment 31, Baroness O'Neill, not moved. Amendment 32, Baroness
14:05
Baroness O'Neill of Bexley (Conservative)
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moved. Amendment 32, Baroness Fraser, not moved. In clause three,
amendment 33, Baroness O'Neill.
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My Lords, I rise to move amendment 33. This amendment aims to
leave discretion about the qualifications of those involved in the multiagency child protection
the multiagency child protection teams, to the relevant agency
teams, to the relevant agency responsible. It also aims for clarity around whether the Secretary of State might lift the requirement qualifications in this work. My Lords, the previous contributions
Lords, the previous contributions
have seen and sought flexibility for those responsible for the safety of our young people, and this amendment
our young people, and this amendment follows that theme.
The Minister has thankfully given us some reassurance
earlier, and I hope this will be continued. My Lords, life changes, the areas won't always be the same.
the areas won't always be the same. There needs to be some local discretions, and one would hope,
that he wouldn't be -- It wouldn't be to perspective. When considering
the needs of those, we to consider what already exists and if change
needs to happen, from what base, there needs to be the fifth ability for those who are part of the pro---
Flexibility for those as part of the processes.
If it undermines local
innovation, which we all know is important, as well as workforce development. Consideration will also need to be given to the relevant
qualifications of all members of the teams, those in other agencies, and if it is to be the responsibility of
the local area to arrange their child protection services, then they will need to consider who is part of the multiagency child protection team, and the qualifications of
those members. I move the amendment.
14:07
Baroness Berridge (Conservative)
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Amendment proposed, clause three,
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page 4, leave outlines eight-11. My Lords, I write to support the amendment, particularly the
amendment, particularly the amendment regarding clause three and its presence in the bill. I have known the noble Lady to be a
listener, and at committee stage, it is entirely the time we have to do
is entirely the time we have to do that. The noble Lady, the Minister, mentioned what we need to solve is
mentioned what we need to solve is the lack of joint working.
I think nobody would disagree, and nobody would data say, the multidisciplinary team work for
child protection is the way to do it. But there is, I believe Guy genuine concerns about whether the functions as outlined in clause three is the way to achieve that.
three is the way to achieve that. So, when I first read that the review recommendation and the
description of multiagency child protection teams, I have not yet come up with an acronym I can pronounce quickly enough, I thought
pronounce quickly enough, I thought that would be an oversight mechanism akin to the independent Chair of the
child protection cases.
But it seems to me the understanding out there with certain practitioners is that it could be an investigative$$JOIN
/operational mechanism. I thought it was a mechanism, that oversight will you put everybody together, he was
involved with that particular case, can ensure everyone in the room has every thing they need to know, there
is no gaps in the information. At the understanding that is out there and that has been communicated is
that actually, in fact, what could be happening here is the duplication
of the investigative function, that when the social worker who has maybe
had a very sensitive disclosure made to them, usually after many months
of knowing the child, gaining the
confidence, when there is this new system, what is understood to the
noble Lady, the Minister come out there, is that there can be a transfer at that moment to a
different social worker to take over the investigative role.
That is the understanding that is there. That
obviously would be adjudication of -- A duplication of resource and a
severing of the relationship that that child has brought. Now currently, as I understand it, the multidisciplinary team investigation
is basically built around the lead
expert social worker who then draws in, at casework level, the health, benefits, housing, the police
interview and then there is oversight of that by the independent
Chair. Of course, a child that has
already disclosed if there is any change of that function may decide, no, I cannot disclose to somebody else.
And then maybe that loss of
trust and actually adding to that trauma. So, inadvertently, it could be the arrangements were put in
place in clause 3 that everyone is
intending to aid joint working of all the different agencies could actually have opened up new cracks
in the system. So, while we have seen and we are aware of these
tragic failings that have led to the McAllister review, it is important to remember how foundational the Children Act, which has stood the
test of time, is, and is understood by practitioners and has obviously been built on particularly in 2004.
Many of our outstanding local
authorities aren't just chosen to be Pathfinder places, they are visited by many European countries to see
how have you embedded over many decades child protection systems
that are, I mean, I know we find it hard to believe, but are the envy of some other countries. So, what how
would like to know is where is the adequate evidence to support the change? Yes, there was a
recommendation in the McAllister review, but where is the adequate evidence that we have previously
used to make changes to our child protection system.
I know the pathfinders will be publishing soon.
But are these actually what we would usually understand to be operational
pilots. Where is the rigorous academic research which has so often been the evidential basis for
previous changes over many decades
to support changes to our child protection system. So, whilst clause 3 may seem logical, and it may seem
at principle that it will work,
could actually open up different problems. Could the noble Lady, the
minister, a Greek if she has not already done so, because she said there is evidence out there to support these changes, to meet with the director of children's services,
who advise the McAllister review.
With Eileen Munro and other
concerned academics, and the DCSs outstanding local authorities who are concerned, these are the
practitioners who are going to have to implement this. I feel as if the
noble Lady, the Minister, who talked of the nobility, the colleague at the Department of Health, this was
precisely the issue of the Mental Health Bill, were there approved mental health professionals behind
this change, are the children's
services behind this change? While I know the Minister is passionate about adoption and fostering, the
review was not shared by somebody who was an expert in deciding protection cases, operationally
doing child protection cases, that is why I very much wish the noble
Lady, the Minister, could meet with that type of expert, and reassure your Lordships house that these
practitioners support this.
Though
everyone here intends close three to help, -- Clause three to help, I
have, as required here, think what would be the situation? If the expert concerned, it might not be
everything an expert, but the experts that have got concerned about ill intended consequences proved to be right. If a child discloses sexual harm and then loses
confidence with a switch of social worker, or the multiagency team
coming in, and now will not talk, and the mums partner, as it usually
often is, senses that something is changing with the child, something that psychologically affects
individuals, and then that person harms the child to shut them up, what kind of report will be coming
back from the local authority from the child safeguarding panel to the Department of education? It will not
Department of education? It will not
be DCS.
It is the responsibility of them that their systems weren't working. If their concerns are
valid, it very well could be the report that comes back is we advise you not to make this kind of statutory change and you didn't this
statutory change and you didn't this
is what happened. I would not want anybody to be in that situation that inadvertently, whilst trying to
improve the system with experts advising that there could be unintended consequences, that we don't take time to pause and make
sure that this recommendation is supported by adequate evidence, before it is implemented.
before it is implemented.
14:14
Baroness Barran (Conservative)
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My Lords, I rise to standard
to... To explain my notice of my intention to oppose that clause
three stand part of the bill and in doing so, I support amendment 33 in
the name of my noble friend, Baroness O'Neill. I would like to thank my noble friend, Baroness Berridge, for her support, for her
very practical suggestion to the
Minister to meet with those practitioners and experts that my
noble friend suggested. And I very much hope when the Minister comes to close her remarks that she will be able to say that she will have such
able to say that she will have such
To be clear, once again I do not oppose clause 3 because I doubt the
value of the multiagency response, in child protection.
Nor do I doubt
for a second the importance of help for families. But, the government's
program guide, for the families first partnership seems to have an
first partnership seems to have an
Have space, in it to absorb some of the concerns that my noble friend mentioned and which I have mentioned, on several occasions, in
your Lordships' House. The guide says, and I quote, "Changes to service structure, practice
frameworks, oversight arrangements, will require time to design and
implement.
" So much everyone in agreement. It goes on. " The next
agreement. It goes on. " The next
year April, 2025, forgive me I said March in an earlier remark. April 2025 to March 2026 will feature
ongoing business as usual delivery, alongside transformation activities.
alongside transformation activities.
" The thing that is easy to write down and harder to deliver in real life. It is crucial that reform is
multiagency and implemented effectively, with improving the safety and well-being of children at its heart.
There is a clear
expectation that the transformational work will be
completed, by March 2026. And indeed, the funding that has been
given to local areas, 30% of it, I think it says in here is expected to
be spent on that transformation work. So, in earlier groups, I
referred to 3 main concerns, that
are held, by many, who will be responsible for implementing these changes, including, although she is not responsible for implementation,
Professor Munro, in her letter on
Monday, to the times.
And, indeed,
from the LCS and the LGA. If I may, the noble Lady Baroness Scotland in her place, we worked together for
many years, 20 years ago, on a summer this multiagency staff and it
was a little less popular than it is today. It is very good to see the
noble Lady here. So, turning to the
evidence from the ADC S and the LGA. In the evidence of the Public Bill Committee and the other place. The
LGA wrote, every local authority area will have a duty to establish
multiagency child protection units.
Using integrated local authority led teams, staff are multiagency experienced child protection
practitioners. This is my emphasis, not theirs. We recognise the
potential value in this approach. There are concerns around
resourcing, both financial and staff. Across all partners, and urged the Government to enable
councils to be flexible, and how they design these units, to ensure they can build on local strengths.
Additional funding will be needed to
implement this duty, recognising the need to design and adapt, to new
ways of working.
There must also be clear accountability for all partners, in relation to their roles
in these teams. Ensuring that sole responsibility does not lie with councils, for their creation and
success. Similarly, the British
Association of Social Workers road, England supports good multiagency
collaboration, believes that the mandating multiagency teams risks undermining the social work's role and safeguarding principles. With
again, my emphasis there is little or no evidence to support this, as
an effective door. We emphasise investment in early help, relationship-based practice and clarity, or professional priorities,
to prevent detrimental impacts on children's rights under social work retention.
We also believe that
greater clarity is needed on the remit structure, governance of these
teams and remain concerned they are being mandated prior to full evaluation. The noble Lady doesn't
need to listen to me, that she could
comment on those concerns. They go
on to say, additionally we note the pilot areas receive a significant funding, to implement the model and
see clarity on whether similar levels of funding will be provided to support all local authorities, in
implementing this model.
So again, the funding, I looked again, as in
Britain, in the program guide appears to do the early part held,
rather than child protection teams. It would be good to get clarity on that. The first of the three major
concerns is about scale. This is a huge change and as I said, in
earlier remarks, I think many of us and certainly I can speak for myself, underestimated this. So much
of this sits outside of the bill and the program guide and the other
guidance of the noble Lady referred to.
Clause 3 needs to be seen together with the changes to early
together with the changes to early
help, child help and the response to children under section 17 of the children act, as noble friend,
Baroness Berridge said. Which is set out in various bits of guidance, now running, I am told several hundred pages and funding announcements,
published this year. By the department. The Government must
remember that safeguarding, from early universal help to child protection care proceedings is like
a carefully woven or embroidered cloth and if you pull on one thread,
you do need to understand how it will affect all of the others.
And as other noble Lords have said, this
is happening, at a time of message change in local authorities and in
Integrated Care Boards, and I was told the other day and maybe the noble Lord can lady can confirm, the
new blueprint for the ICBs that is circulating in draft, includes a reduction in their response, in
relation to safeguarding and SEND.
Maybe the noble Baroness of the Minister can confirm if that is correct. And if so, how do these
reforms, in clause 3 and in the program guide, how do they work? In
real life? The second big concern is
to C, we have heard that there isn't yet the evidence that the proposed
approach will work safely, in
practice.
The valuation hasn't been published, implementation problems
haven't yet been addressed. And, we have, what feels like a very
prescriptive program guides, which have a timeline, budget, scrutiny of the number of social workers, vs
family has helped staff that local authorities would employ and I
understand the government's own sense of urgency. Absolutely, I think I understand the conflict
between wanting to act and wanted to
be the head, but I suppose I do not understand what feels like resistance to what I believe are
very valid concerns.
So, if I take
some of the things that have been said, publicly, at the end of 2023,
about the Pathfinder areas, by those, involved. The first is about
the role of the lead child
protection practitioner. There are worries about staff burnout, if
someone is a sole role of those section 47 cases. It is a clear
requirement, in the program guide.
Second concern that has come out, publicly, as been about the deskilling of colleagues, if all
that child protection expertise sits
in that team.
And, as I said earlier, the worries about
independent case conference share. There are also, ironically, because
I know that the honourable member for Whitehaven and Worthington
expressly wanting to reduce this, worries about case handovers. The
move from the lead family health practitioner, to a new leader child protection practitioner, at a moment
of significant stress, as the case
meets the section 47 threshold. What
was said, publicly, at that time, which is now 18 or so months ago, is
that areas addressing those, by keeping the lead family harbour practitioner involved in the case.
That obviously increases cost and again this is unchanged in the
program guide. I baked the houses
leave and patience with me, in going into this detail. The noble Baroness
the Minister has heard of private
conversations, I am just trying to articulate them also in public we have had a serious concerns
expressed. And those don't seem to
have been picked up in the guidance that has come up. Thirdly, this
needs funding properly, both of the early help duties and the new child
protection teams.
The Pathfinders got significant funding and I and
told that certainly, from one direct children's services, they had to pay
the multiagency partners to attend. So, to take the words of one DCS I spoke to, changes in child
protection and need to be thoughtful
and evidenced. The concern that the proposed merging of targeted, non- social work led work with the section 17 will lead to a ballooning
in case numbers as my noble friend, Baroness Berridge said, similar to what we have seen with SEND.
Ultimately that risks translating
into more children in the care system, not less. Something that
none of us want to see. So no one is suggesting that our system is
perfect, but in her 2011 report, the then Secretary of State, my noble
friend, my very recent noble friend,
Lord Gove, Professor Monro warned against too much focus on process
over quality and effectiveness of help given and today 14 years later, the DCS is telling me that the DfE's
approach to these reforms is all about process and not about practice.
I could add other
questions about referral criteria and capacity of membership, special
educational needs, unaccompanied asylum seeking children. There are all sorts of questions that are
worthy of debate. And for today just want to focus on those three. This is a huge set of changes the
government is introducing into our system. We do not have the evidence
of, and enough evidence of how it works in practice and there isn't sufficient funding, or indeed any
visibility on funding, beyond next year, to pay for this.
So to be
crystal clear, we support the aspiration to expand early help and
early intervention to stop we support the aspiration. Every child
and every family, who needs it should get support. We introduced
the Pathfinder approach, for good reason. We needed to test it out in practice, listen to the evidence,
follow it, I just cause and identify the necessary long-term funding, before national rollout. We have a
system that currently involves a clear boundary between voluntary help and imposed state intervention.
The DfE has been drip feeding guidance on the new early help
arrangements. I am told almost on a daily basis, which is at risk of
blowing that boundary. That has the potential to create huge confusion,
between what parents must do and what they are advised to do. This is
just one example of why it is so important for the Government to pause and get this right. Our worry
is that the Government was to press ahead before it is ready.
To be clear, directors of children's
services tell me they think children will be harmed if these reforms are
implemented to early and without sufficient funding. They do not say those things likely. The language
they have used is to implement before we are ready, we risk putting
children in danger. The Government must listen to them, must meet with
them, as my noble friend suggests and with Professor Monro. Surely,
surely, the responsible thing is to
pause, My Lords, I beg to move move.
14:29
Lord Storey (Liberal Democrat)
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I just want to make a few observations in this debate. I start
by saying this is not my natural
area of expertise. I did say, on
amendment one that it was important that when we make a change, when we
propose to make a change and we run a pilot, that pilot is there, if you
like, the lodestone of future
development. I am concerned, T- Levels, and the first of all
Levels, and the first of all
concerned about the comments that,
Professor Monro made.
Perhaps Baroness Barran will answer me this. We frequently talk about directors
have told you. Is this one director, five director, professional
association for stop you cannot influence, important discussions
like that, by saying the directors of said. We need to know who they
are. The number of them. I could equally quote directors who have
spoken to me who have had a different opinion. I just think we have to be careful about that. You
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can talk to me afterwards. For the benefit of the House,. I
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For the benefit of the House,. I have spoken personally to 4 directors, three directors of
children's student, one deputy director. I have encouraged some of
director. I have encouraged some of my colleagues to talk to their local director of student services. I
director of student services. I really would like to stress, I was
really would like to stress, I was surprised at the response. I did not ring up and say tell me about all
ring up and say tell me about all the problems with the bill.
I rang up and said, I'm responding on
up and said, I'm responding on behalf of his Majesty's opposition and I always prefer to talk to someone who is directly affected,
someone who is directly affected, before I just give my views, which may not be honest. It was an prompted response. I think it is for
them to decide if they wish to speak privately, to Ministers, rather than
for me to say at the dispatch box. If the noble Lord has spoken to others who say something different,
I am sure it is helpful for the
I am sure it is helpful for the
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I have only spoken to one director, I wouldn't want to report what the director said, might give
what the director said, might give the wrong impression. Baroness Berridge rightly said that our child
Berridge rightly said that our child protection was the envy of the world. And I think she is right to
world. And I think she is right to say that. But that doesn't mean we
are complacent about the fact that we have really good child protection
procedures.
Any policies, any system, you constantly have to look
system, you constantly have to look at, you constantly have to change, you concert have to improve and make
you concert have to improve and make it better. -- You constantly have to
improve and make it better. And I am
impressed with children being at the heart of everything we do. When we had the question on media literacy, the Minister rightly said, when I
rather cheekily said what is the government's number one priority, she said child protection.
And that is symptomatic of how we as a house
react. So, when we want to make
react. So, when we want to make
detailed changes, we do have to do, and you cannot stand still, but when we make detailed changes, we have to make sure those changes are
absolutely right. We pilot them, we
learn from that piloting perhaps. Had what we have learned, we perhaps
go away and change, we perhaps adapt, and we have to make the resources available.
I am particularly concerned about
qualifications, because I think qualifications are the hallmark of,
qualifications are the hallmark of,
if you like, safety. You wouldn't want a plumber to come to your house
who hadn't got any qualifications implement, you wouldn't want an electrician to come along to your house with electrical wiring who hadn't got the qualifications. So,
in child safety, you want to make sure that those people who are
around that table are absolutely qualified to hear the judgements and
opinions to protect the children.
So, I hope that when the Minister replies, for somebody who says they
are not an expert in this area of
work, she might simply spell out for me why she was to make those changes, and why she is not taking
the advice of somebody who clearly is an expert and knows what they're talking about, and is actually then,
probably through frustration, how to write a letter to The Times and explained to them.
14:35
Baroness Longfield (Labour)
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If I might add a few thoughts
from my experience. As children's Commissioner for six years, the level of responsibility is the
greatest around children and care. And I looked in detail at the experience of children in care
throughout their time, one of the
things that was absolutely clear to me is the ability of local authorities to focus on intervention diminished hugely during that
diminished hugely during that
period. The amount spent on early intervention halves during that period, while the amount spent on crisis doubles.
And you do not need
to be a great mathematician to realise the more you spend on crisis, the less you have an early intervention, and at the heart of
Judge McAllister's review and recommendations, which were
incredibly and extensively consulted on with people at all levels, from
expert practitioners, leaders of children's services, and care
experienced people themselves, was
that we had to move and reset the system towards early intervention,
and do so boldly in a timely manner.
Because it was just unsustainable for the public purse to do anything
As important if not more important was that children were being left without support. So, everyone needs to be alert at any time about the consequences of any move towards
increasing harm for children, but
what we know over time is that more
children are coming to harm now because they aren't getting back support early. So, it is absolutely essential, that there is an urgency
about that. Those doubts of children's services, as I said, that I speak to, want to see that change
urgently.
And are very much in line with the proposals that are being
put forward. There will always be things that doubts of children's services will want to amend locally and test out, that is absolutely
right. What they want to know is that there is a framework nationally
for them to work within and that clear guidance. So, I think that is why it is so important this is here. That is not to say that those
individuals would have their own expertise in delivering. I think just the other thing to say is that when we have got experts involved in
delivering these expert practitioner
roles, actually, we are going to use the judgement all the time for supper here is not going to be about process, it has to be about children
and families.
Anyone who wishes following a process because the process is there is not the expert practitioner in that role, that we
have got that ambition for, they are
going to be looking at children's lives, responding to individuals, but at the heart of it, we have to move boldly forward, sorry about
that one! I apologised for that on
many levels. We have to move forward at pace, but also with confidence
and determination while also checking along the way that we are giving support where it is needed.
I'm just a final one about the -- And a final one about needing the
investments there, of course we need that, but we have to get to the point where we are investing money
to prevent, rather than, again, to pay those costly bills when things I have gone to acute state -- When
things have got to acute status.
14:39
Baroness Smith of Malvern, Minister of State (Education) (Labour)
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So, we are now in group 3, on
multiagency child protection teams. As I have already said, these teams
seek to address the problems we repeatedly see when children are
, including poor information sharing, weak decision-making, based on single service perspectives, and an experienced social workers, without the support, knowledge, and
experience needed to make tough decisions, and to ensure Children and Families Act get the support
that they need. Dror to ensure children and families get the support they need.
One of the teams this is already being delivered in
is Warwickshire, and before that point, I could also respond to the point made in the previous group by the noble Lady, Baroness Barran,
about the pathfinders, actually, to out of the pathfinders are not good or outstanding, they are in fact required in improvements, so that
was wrong. In Warwickshire, they
have reported to the Department the lowest number of children on child
protection plans since July 2023, and that reduction is attributed to a more efficient and targeted
approach by the multiagency team.
Ensuring the right children are getting the right intervention at
the right time, and crucially, as
early as possible. In the system. And I do think that my noble friend, Baroness Longfield, made a very
important point about the nature of the objectives of the whole of this
reform encompassed in this bill. And in the policy paper that I
referenced earlier. And the objective here is to shift support
for children much earlier into the process. And where it is necessary
for there to be interventions, section 47, child protection intervention, that that is carried out, one about the most experienced
and senior social workers, and that
they are supported by a team that brings together the whole range of different agencies that may well
have information about the child.
That is the objective here. With this in mind, I turned to amendment 33, tabled by the noble Baroness,
Lady O'Neill of Bexley, which seeks to leave discretion about the qualifications of persons nominated
to teams and seeks clarity on the qualifications prescribed through
regulations. Setting out clear requirements for the skills, knowledge and qualifications of multiagency child protection team
members, ensures a consistent national standard. And expectations of practitioners making decisions
that protect our most vulnerable children. These children deserve
this level of consistency.
And in fact, qualification, a point I think
made by the noble Lord, Lord Storey. As I have said, we know from
national reviews, those on the frontline of complex child protection do not always have the
support and experience that they need. We are determined to change that through regulations that will
accompany this legislation. And the point about regulations here is important and I will come back to it
again in responding to clause stand
part debate. I think we all know as parliamentarians, that while it is important that primary legislation
set out the intent at the design and the most important elements of legislative change, operational
duties detail is best suited to regulators, where there is more
flexibility to accommodate developments in sector standards,
for example, if new evidence emerges.
This good practice could be reflected in the regulations. We are working with other government
departments and will publicly consult these regulations. Before
bringing them one parliament scrutiny. Before the amendments tabled by the noble Lady, Baroness
Barran, well, in fact, the scepticism expressed concern expressed about the whole of clause
three, perhaps I could just start by
quoting the Chair of the National Child safeguarding review panel. Annie Hudson. And it was of course a
recommendation of this panel has led
to the development of this legislation here.
And I would just
say, I think there has been an
important discussion about the need to enable them to be sufficient time
for appropriate implementation. But, when you have very clear
recommendations as we have here, as
I will demonstrate in a moment, I do think it is beholden of governments
to take action on the basis of that for some yes, to ensure the implementation is right, but as this
government has done, to set out the ambition of the reform necessary in
children's social care, in order to achieve both the strategic change that my noble friend was talking
about, and also to overcome some of the shortcomings we have sadly seen
evidenced in recent cases.
That is what this legislation is aiming to do. As the Chair of the National
do. As the Chair of the National
Child safeguarding review panel said " In my time as Chair of the Child safeguarding practice review panel, I have seen reviews about several thousands of serious incidents,
where children have died or been seriously harmed as a result of abuse or neglect. It is learning
from those incidents and most particularly, the repeated lack of join up between agencies, that led
to the panel's recommendation, in our report Child Protection in
England, about the tragic deaths of Arthur Labinjo- Hughes and Star
Hobson, to introduce multiagency child protection teams.
High-quality social work is critical to effective
child protection, but we must also draw on the expertise of practitioners from across the
different provisions and agencies, including police, health and
education, to meet the complex safeguarding needs of some children
and families. The need for multiagency child protection teams
was also clearly evidenced in our recent national review about child sexual abuse in the family environment. This review found that
once concerns have been raised, too often there was a lack of thorough child protection investigation, and
effective action to protect and help children.
This was in part due to
silo working across agencies, and inadequate multiagency exploration and sharing of concerns that
and sharing of concerns that
children may be at risk." We do, in many ways, is a nobody, Baroness Berridge said, have excellent
Berridge said, have excellent
services in this country, we certainly have excellent and committed staff, working within a children's social care, but when we
see recommendations like this coming
from investigations of times when the system tragically failed to work properly, I think it is important
for us to take notice of that and make progress as quickly as
This bill includes several measures which will improve the safeguarding and child protection.
Including
strengthening information sharing, through unique identify is, which
will come onto in a moment. The establishment of multiagency child
protection teams which will provide children with a timely, sensitive,
skilled and coherent response. We do have, there has been a challenge,
particularly from a Baroness Barran
about the extent we are clear about how these fit together. I have here,
which I'm more than happy to share. A slide which shows exactly how they
fit together.
That is based on the work that we have done, already. I'm
very happy to share with other noble Lords. The argument we set out in
the policy paper, last autumn. Let me be absolutely clear. Every child
deserves to be protected, from harm. Legislative these teams will take a significant step closer to making
sure action is coordinated to protect every child from every harm, whether that is inside, or outside
the home. To come to the point, the reasonable point that has been made by noble Lords about the detail of
the implementation.
Although, not, as I think I have just outlined the
principle of the change that is being made. Of course it is
important for us to be able to work, alongside practitioners, leaders of
children's social care, experts in the field. In order to ensure that
the implementation of this recommendation is actually what we
would hope it would be for children.
That is where, once again it is important to note that clause 3 allows the Secretary of State to set
out in regulations the day-to-day operations of multiagency, child protection teams.
The requirements
of the members and the relevant agencies, which would be required to cooperate as a safeguarding partners. I remind noble Lords that
this approach means that the sector, local partners, experts, pathfinder
areas, national experts, DCS is, many of those mentioned today can
all inform how these teams will
work, in reformed systems. What is more the affirmative procedure will
bring further scrutiny to these
regulations as well. As well. I will
respond to the point by noble Lady so Baroness Berridge and I think Baroness Barran as well.
This
handover, or this suggestion the there will be two social workers,
which are responded to previously. I will just take that a bit further
now. There is no duplication of roles in what is being proposed. It is about an integrated system.
Keeping children's relationships,
family help and practitioners is
really important. As I outlined previously. Family practitioners will be qualified social workers, we
are completely clear about that. Child protection expertise, through the multiagency teams, around that.
The family help lead practitioner
will be a key part of the child protection discussion. It is all about information sharing and joint
decision making. So, I hope I can provide some reassurance that we
are, not only have we built these
proposals and recommendations for people who have looked very carefully at the system and at the
most tragic failures of the system. We are also continuing to build the implementation, on the basis of
ongoing engagement, with experts and others, throughout the system.
And
what is more, that those regulations will come, before this House, under
the affirmative procedure. There will be further scrutiny available
there. Finally, in the group, I turn
to speak to members of 508 and 509, in the name of Lady Barran, to speak
about the issue of shared responsibility of the safeguarding partners. I'm not sure if she gave
much emphasis to this in her contribution. It is in the amendment. I will also respond to
the point about funding and resource.
I have, as has been noted, previously, and will continue, I
have no doubt, to talk about the £500 million we have made available in 2025/2026 to support the national
rollout. Yes, the family help, child protection and family network reforms. And to confirm, yes, out of
that 500 million, of that 270 is a new funding, in the children's
social care prevention grant, for
this work. And we will of course be making further announcements, about some of this work, after the
spending review, expected in June which will confirm funding beyond
2026.
And under the existing duties, safeguarding parties already agreed to dedicate resource, as part of
their local multiagency safeguarding arrangements. Clause 3 provides flexibility for safeguarding
partners and how they meet this new duty, to establish multiagency child protection teams. It does provide
the flexibility that noble Lords have asked for, including through combining teams across local authority boundaries, to align with
police or health footprints, creating consistencies and
deficiencies. Although it is clear on this point about responsibility safeguarding partners are each responsible for nominating a
representative to the multiagency team and they have equal responsibility for safeguarding, as
responsibility for safeguarding, as
they spelt out, earlier.
I hope, I
understand the issues that have been raised about implementation. I hope I have provided some assurance about
the continued engagement of our team. Experts and practitioners, as
team. Experts and practitioners, as
we develop the detail of the implementation and valuations and of
the ability of this House to scrutinise those as well. I hope
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noble Lords will be able to withdraw the amendments. I wonder if I could just clarify
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I wonder if I could just clarify a few points, that she said, in her
a few points, that she said, in her remarks. Does the noble Lady, she gave the example of Warwickshire reducing the number of children on
reducing the number of children on child protection plans. Of course in the number of children on child protection is a nationally found
protection is a nationally found last year, by one point seven found last year, by one point 7%. It is
last year, by one point 7%.
It is followed by three point 1%, century 2020. That is despite the increase
2020. That is despite the increase in unaccompanied oak asylum seeking
in unaccompanied oak asylum seeking children. We welcome the progress in
children. We welcome the progress in Warwickshire and anywhere else in the country that is achieving that.
The impression that she gave the House was that this was an unusual
occurrence. And I think it is just important to acknowledge that that
is a national trend.
Secondly, the regulations that she refers to are extremely important in terms of
implementation and I remember in other bills, other governments, publishing the draft regulations,
during the passage of the bill. So
that the House has clarity on the Government's intentions. I wonder
whether she would be very kind and take that back to the Department and
see if that is an option in this. Potentially other parts of the bill. In relation to the point about duplication. I'm not sure if I
followed her comments about the
duplication of caseworkers.
Page 13 of the departments guidance does
appear to suggest that both the
family health lead practitioner and the lead child protection
practitioner in section 47 cases would both be involved. I'm sorry to
be picky about money, of course she is right on the 500 million. Again, her department's own documentation
states 253.5 million of that is a mainstream funding, originally for the supporting families program.
This is just to be clear about what is new money, what it is for and,
finally, I wondered if she could pick up on my noble friend Baroness
Berridge is suggestion about, she talked about the general engagement that the department rightly has.
I
wonder whether she could comment on
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whether she felt able to accept. The noble Lady, Baroness Barran
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The noble Lady, Baroness Barran says she didn't want undermine the work that was happening in Warwickshire, by pointing out that
Warwickshire, by pointing out that there was a general downturn in the
number of child protection plans. Good, because I do think, as
Good, because I do think, as suggested we should celebrate where
there has been a good work, which in Warwickshire they certainly attributed to the changes that they had made. Secondly on the point of
had made.
Secondly on the point of draft regulations. There is attention here. On the one hand people are asking us to continue to
people are asking us to continue to engage in the detail of how this is going to be implemented and yet also to have the regulations alongside
the bill. I will reflect on it and come back to her. On the point about duplication. I have explained it
twice and clearly I haven't explained it well enough, for people. I will undertake to write to
noble Lords about the operational details, particularly this point about the role of the family health
lead practitioner and the lead practitioner for child protection.
And the operational detail that the noble Lady, Baroness Berridge is
talking about. On the point about
new money. I think I have been pretty clear about what is new money. I said it explicitly. On the
point about the meeting. My point was that there would be a whole range of meetings. A whole range of
engagement. I don't say I have a
meeting. My honourable friends, the Minister for children social care I know has met with very many
practitioners and experts and DCS
is, as of this process is gone on and I suspect, between us we will be
able to continue meeting people in a way in which it was suggested.
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I am grateful for that, sorry. I am grateful for that clarification.
am grateful for that clarification. Can I assure than ability the Minister that this concern is just
born out of, as I hope I explained. We can all pick off one or two
We can all pick off one or two experts and a group of people. But there are sector bodies like the British Association of Social Workers and the Association of
Workers and the Association of directors of children's services and dimension a particular individual, because there was particular engagement in the independent review
engagement in the independent review
we are relying on.
I can assure than a lady, she comes back with support from those organisations saying we support this. We understand etc.. We
support this. We understand etc.. We have engaged. The problems that we have here will, I assure her fall
away. It is the support of those representative practitioner bodies that, in a busy diary, the noble Lady, I do not want to suggest how
to delegate in time. To come up with that reassurance, the concerns I think will melt away.
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I'm not sure that experts is the way the department is engaged in consultation, or engage with so far.
consultation, or engage with so far. Nor will come in the future. Look, I
Nor will come in the future. Look, I am realistic. I have done, in my
am realistic. I have done, in my time, in both houses, I think, at least, this is probably my 12 bill.
I have never frankly done a bill in which everybody was content. I'm not going to say that the only way, good
going to say that the only way, good except that the only way we can request this legislation is if every single expert representative and
single expert representative and professional body supports it.
I have spelt out, very clearly where
have spelt out, very clearly where these proposals came from. I have spelt out very clearly, the
spelt out very clearly, the engagement that we continue to have. I have a demonstrated how regulations will be subject to
scrutiny, both in the sector and also, in this place. I have said I am willing, alongside my honourable,
my right honourable, my honourable friends, Janet Daby, to continue meeting with a whole range of
people, about this. I think I have
to say, I do think that is pretty reasonable, my party.
If other noble
reasonable, my party. If other noble reasonable, my party. If other noble
15:01
Baroness O'Neill of Bexley (Conservative)
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I thank the Minister for responses and for all contributions today. Like many of them I am in
Apsley believe an earlier -- I am an
absolute believer in early intervention. My priority around early intervention is around
changing a pathway or avoiding a tragedy, I think for me we would have all made a big difference. I hope that is certainly where the
intention is. With that I beg leave to withdraw my amendment.
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Is at your Lordships pleasure the
15:02
Lord Agnew of Oulton (Conservative)
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Is at your Lordships pleasure the amendment is by leave withdrawn? Amendment by leave withdrawn. Amendment 34.
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Amendment 34. My Lords, this is a probing amendment. I'm the first to admit
amendment. I'm the first to admit this is not an area where I have the expertise but my questioning really comes from the angle of the impact
of schools. And really how much time and cost will be involved. I do understand under clause 3,
subsection 4 of this bill and then
section 16 J of the children's act 2,000 and for requiring safeguarding partners, that is local authorities, police and health to ensure multiagency child protection are
adequately staffed, this includes representation from education.
Schools themselves are not made
statutory partners but safeguarding partners must secure the participation and representation of
education and childcare agencies at both operational and strategic levels in the local safeguarding arrangements. I also understand
legislation does not impose new direct financial obligations on individual schools. The duty to
ensure teams are sufficiently staffed falls on the safeguarding partners of the schools themselves.
I do presume schools will incur some indirect costs relating to some staff time for participating in
safeguarding arrangements, meetings and training.
Really my question is
how will this change from the current arrangement? What additional
obligations are likely to occur? I listened carefully to the Minister's
point on the new money from... 270 million. I understand she cannot give any clarity on long-term funding until the spending review in
a few weeks time so I do not have an issue with that. If we took that
money the 270 and just assumed even half of it went to schools which of course would be a fraction of that
but that is only £600,000 to schools, I will come onto this in a minute.
I understand you are
planning to provide guidance to support the implementation and the safeguarding partners are expected
to tailor the arrangements to low global need -- to the global needs which may help manage additional
burdens on schools. I would like to know when that information is going to be available. That is actually
important because of the need for us, for schools to budget.
Unforeseen burdens particularly are likely in school of areas of high
deprivation. Where we are seeing the backwash of so much of the suffering of these vulnerable children.
The
point the Minister I hope will be mindful of is we only have 1265
hours per year of directed time for our teaching cohort. So every hour doing something other than teaching
is a salami slicing away our ability to provide good education. And
something has to give. The other area I am puzzled by and this again
is my ignorance but these pilots you have been running. I have been trying to find some feedback on these pilots and I have not been
able to find anything.
In the common Select Committee they raised this issue of the lack of clarity. So if
you can provide any I understand I
think my noble friend Baroness Barran said some of these pilots had extra money to deuce them up and get
more participation. Which is great but will that be available on a wider rollout? I am very worried
about this because as you know we are facing something of a financial
bloodbath in the schools sector. If we have to start hiring supply
teachers to enable ordinary teachers to be released to go to safeguarding meetings, these are costs which will
hit us.
So could I ask the Minister to give us a timeline on the
implications for schools and ensure us schools will have sufficient time between publishing of the guidance
and the setting of their budget. So for example we really need to set
our budgets in an April for a September to go live because that tends to be when teacher improvement
-- teacher recruitment goes on, people resign under appointed. I
hope the Minister will understand where I am coming from. I respect I
have a lot less knowledge in the sector but I'm just worried about the backwash into the schools
sector.
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Clause 3 page 4, line 14, to
15:06
Baroness Barran (Conservative)
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My Lords, I am delighted to support the amendment standing in the name of my noble friend, Lord
the name of my noble friend, Lord Agnew of Alton. The example he gave of teachers and teaching assistants
of teachers and teaching assistants as cited in his amendment 34 could obviously be replicated for many
obviously be replicated for many other agencies with a valuable contribution to make to multiagency
contribution to make to multiagency child protection teams and wilder -- wider safeguarding activities including local drug and alcohol services, mental health services, domestic abuse services, housing
domestic abuse services, housing association said more.
The key point here I think is that practitioners
here I think is that practitioners need to feel confident in how to engage in the process and how any
information they shall be used. And the confidence it will not put
anyone at risk. As my noble friend said, confident they have got the
time and the working day to be able to participate responsibly. From my
own experience, I know we make assumptions at our peril about how
confident even statutory agencies are in some of these areas.
Any program that promotes safe and
effective partnership work is to be
commended. My amendment 38 seeks to understand what capacity the government thinks will be needed on the ground. And what guidance it
plans to give for this. Currently the bill talks about and I will
duties under section 47 of the Children Act 1989. And clause 3, page 3, lines 27 to 31 multiagency
child protection teams to consist of a, at least one of each of the persons mentioned in subsection 4.
And B, such other persons as the
local authority considers appropriate after consulting the other safeguarding partners. My question, my track record question
is what does this mean in real life? I am sure the answer to this is no
but as written it could mean Birmingham has one team and Rutland
has one team. I am sure the noble Baroness, the Minister will
reassuringly that is not -- will reassure me that is not the plan. Even smaller, local authorities and
particularly rural local authorities have multiple child protection teams
already.
So adding one more is not
going to be that useful to them if they have got multiple existing teams that need that multiagency
engagement. When I led the charity
save lives and read the rollout of
multiagency risk assessment conferences around the country and we had rather less influence than the government does, we did give
every area estimates based on evidence of realistic caseloads,
evidence of realistic caseloads,
resource requirements and so forth sourced -- and so forth.
If a small charity can do that, my challenge to
the Minister is surely the government can do something similar or work with the ADCS or the LGA to develop appropriate clarity and
guidance. I would be very grateful if the Minister could explain the government's plan. I beg to move my amendment 38.
15:10
Lord Addington (Liberal Democrat)
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My Lords, listening to these amendments it is likely quite a
reasonable question to ask the government what resources are required. Certainly when it comes to teachers were often dealt with the
fact that what is required to do, if it is a new skill, how will they
acquire it? And they need enough experience to be able to call an
expert. We have often talk about the fields I have talked about in certain terms and special
educational needs. The fact of the matter as you do not have the training in place and it is where you go to get support.
Asking for
that is actually one of the things we really should do. Here. I hope the Minister will give us a reply
that at least starts to push us towards looking to where these resources are. More importantly
actually putting feet on the ground they can look for support and help and where they will be trained to. Without this linkage, especially
from people who are only being brought into this process now on an
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official basis, they are going to fail if they do not actually know what they are doing. My Lords, I was not going to
15:11
Baroness Bousted (Labour)
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My Lords, I was not going to speak in this amendment but I just have to stand up to say, the idea
have to stand up to say, the idea schools over the last 20 years have
not been at the centre of child protection and safeguarding is ludicrous. During the course of the
last government, the central grant of London authorities decreased by
40%. Real terms school funding decreased by nine%. In real terms.
In that period schools became the fourth emergency service.
As children social work, child
protection, all of the safeguarding systems around the child were absolutely decimated by austerity.
Schools have become extremely good at identifying Children In Need of safeguarding, children who need protection. They have become
externally good at providing information and support and training to their staff. And they did this
very well at a time when the last government was absolutely reducing
in real terms support to schools. They have had to become experts in child safe and child protection.
Because the other services which should have been there to work with schools simply went.
So the idea
that multi- agency professional teams, legally responsible for working with schools in order to support them to protect children is something which will strengthen
child safeguarding and child protection. The idea schools need
extensive CPD on this, of course CPD
is always helpful but the idea they have not been doing this and this would be a new thing to them frankly is ridiculous.
15:13
Lord Nash (Conservative)
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I would like to... Whilst I agree
with noble Lady the Baroness, about making schools becoming very good at
child protection in the last recent
years, it is going to be a cost to engage in these activities. I would just like to support noble friend,
Lord Agnew and his point about the cost of schools. As schools are all
facing a very severe funding
shortfall. I am concerned they are going to have to make a lot of redundancies which none of us want
to see.
Schools are telling me it is the only way they are going to be able to manage. This will make the
government worthy target of getting 6,500 new teachers into the profession certainly missed if it is
a net figure, net of leavers and people coming out of the profession. I would just support the point about money is needed to support the
sector.
15:14
Baroness Butler-Sloss (Crossbench)
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My Lords, schools are absolutely
fundamental to the knowledge of our children. Any child who starts at
school, any of the teachers of the child are extremely likely to know
more about the child than anybody else except for the parents. And very often in some cases more than the parents. The idea that they are
being looked at for the first time as it appears from what is being
said, is as the noble Lady said, ludicrous. I do hope the noble Lady,
the Minister will put out -- put up and under line the importance of involving schools at the earliest
possible moment.
Any amendment can help for that should be supported.
15:15
Lord Bellingham (Conservative)
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My Lords, I was not going to speak in this group but I wanted to
add my support to my fellow northern peer, the noble Lord Agnew. But also
to ask the Minister a question. We have talked about local authority resources and pressure local
authorities are under. In the case of northern County Council they are
a strategic authority -- Norfolk County Council they are a strategic
authority and they have special measures for vulnerable children and special needs et cetera.
As the
Minister will know their budget is under pressure and Norfolk County Council have said recently they have got to find another 40 million of
savings. What I would like to ask the Minister is in this context as
we move towards unitary government where there are plans to bring in unitary government across Norfolk
which means basically get Reading like getting rid of the district and may be placing those districts with
one unitary council. Which would be Norfolk County Council plus all of the other competencies.
If we move
to more than one unitary authority in a large county like Norfolk and may be in counties like Suffolk as
well and have possibly one or two Unitarians placing the county and the district then what would happen
in terms of dissipation of resources? Resources going in to
this particular type of work among vulnerable children. Would it be spread between one or more local
authorities? And what are going to be the consequences in terms of replication of services? Cost
pressures? On those authorities.
At a time when budgets are very tight
anyway. The other question I want to ask the Minister which follows on from the question posed by the noble
Lord, Lord Addington. If resources are going to be made available, what
possibilities are they going to be for teachers and TA's to get that
extra training outside of the actual local authority? If they want to enhance growing careers, if they
want to widen their experience, and their initiative because there is nothing actually available for them
in terms of the provision within the authority.
What can they do and who
can they turn to to get that extra can they turn to to get that extra
15:17
Baroness Barran (Conservative)
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If I may, I just wonder when the Minister comes to reply, whether she
could confirm, I think there is a misunderstanding about my noble
friend's Lord Agnew's remarks. He
says that schools have got good at safeguarding but there are new responsibilities about schools in this bill. Is additional training
required and where will the resource
be coming from? My noble friend knows extremely well that this is
not a new thing.
not a new thing.
not a new thing.
15:18
Baroness Smith of Malvern, Minister of State (Education) (Labour)
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In a previous groups, I have spoken at some length about the purpose and functions of these multi agency child protection teams and
how they will be delivered as part of the existing duty to safeguard
and promote the welfare of children in their area. To speak to the amendments in this group, first of
all, amendment 34, and I thank the
noble Lord Lord Agnew for his contribution about ensuring that
teachers and teaching assistants
have the right training to work effectively in child protection.
Statutory guidance is clear that
teaching staff should receive safeguarding training at induction and at least annually thereafter. I
think my noble friend Baroness Boustead was very clear about that
position. And the noble and learned
lady Baroness Butler-Sloss, also very passionate about the need for
schools to be involved in this, which is precisely why, of course,
on Tuesday, we debated the clause about education and childcare
settings being key safeguarding
partners, and the improved emphasis
on that in this legislation.
I, however, despite having this
assurance, decided in the spirit of the previous discussion we were having, that I would consult an expert about whether or not this was
in fact the case. I consulted a teacher very close to me about the
sort of training that he was receiving, and he tells me that
every year we receive statutory update on training. This can take most of our insight days and
most of our insight days and
requires us to read the updates for Keeping Children Safe in Education
Keeping Children Safe in Education
Guidance.
Then about once 1/2 term
-- half term, CPD. He is an excellent teacher, although I am
biased as his mother. I think this makes the point about the current position in terms of training for
teachers and teaching assistants. Where there is I think a reasonable
point is as well about the education
partners that will be working, although they already have a responsibility for safeguarding,
they are also now, of course, going
to have the role in the multiagency child protection teams more specifically.
And that is why I hope
I can assure noble Lords statutory guidance is also clear that the statutory safeguarding partners, and
that does include the other partners that the noble Lady referred to. In
this case, safeguarding partners should support practitioners that work with children, including through creating a learning culture
where practitioners stay up to date on best practice. And we are
confident that the practitioners in the child protection teams will be
able to operate as a crucial link to and from education and childcare settings, ensuring school staff are
supported to work with vulnerable children and the teams effectively.
The Pathfinder areas have developed multiagency workforce development
plans. They have delivered comprehensive multiagency training. This provided opportunities not just
to ensure practitioners have the knowledge and skills they need to deliver effective child protection,
but also as an opportunity to align on shared values and build these
vital cross agency relationships. Training typically covered the reforms, safeguarding
responsibilities, local practice
frameworks, and how different roles fit together across the system. I think there is both the opportunity within schools and also the improved
opportunity from the role of the education practitioner in the
multiagency child protection teams to ensure that expertise is there.
I
will now turn to amendment 38
relating to delegated functions. I spoke on this in the previous group. In fact, we spoke on it understandably in several group so
understandably in several group so
far in this Committee Stage. I will briefly revisit the key points here. These new teams will be delivered as
part of the existing joint an equal duty on safeguarding partners. I
previously mentioned the flexibility in the new measures, which enables teams to operate along police and health footprints, balanced with
sharp focus on multiagency child protection delivery, were agencies are clear about their responsibilities and
accountabilities.
I think the noble
Lady Baroness Barran sort of answered her own question. Now, of
course it would not be the case that you would have the same number of
multiagency child protection teams in an authority like Birmingham as
you would have in Rutland. That would not be logical. Also, I'm not
sure that I would characterise this
system as you have current child protection teams and then you are
simply adding another one alongside them, as at one point the Noble
Baronesses said.
I think in the explanations, particularly in the last group I was talking about, the
intention is very much that these
teams will be the place within the
consideration of a child protection case -- cases and issues were agencies will be able to work
together, so they are quite distinct from the child protection teams that
might be currently existing. In
terms of resources, safeguarding
partners agree and government has provided funding for the initial
rollout of which child protection teams are apart.
Other noble
Lords... I don't want to be churlish
about this but I'm not sure I would have rolled up to this committee at this point to focus particularly on
how difficult school and local government funding is if I had to
spend the last 14 years supporting the government. Nevertheless, it is
an important point that we ensure that there is sufficient funding. This is why, of course, this government has already increased in
real terms funding going to both schools and to local government.
And
in the last group or the group before last, we also responded to
the point raised by the noble Lord Lord Bellingham about the consequences and the process of
local government reorganisation, and I think I provided some assurance provided to me by my noble friend
provided to me by my noble friend
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Baroness Taylor about that point. It was great to hear from her son and all the training he gets. Is
and all the training he gets. Is fantastic. Can we take from that therefore that these new duties
therefore that these new duties within this bill will involve no additional training, that everything
additional training, that everything is covered within the training already that she sets out so eloquently, or are they going to -- either going to be additional
either going to be additional training implications? -- are there
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going to be additional training implications? The point I was making was whilst
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The point I was making was whilst there is already good training provided for teachers and teaching
provided for teachers and teaching assistants, I then went on to talk about the way in which I thought the
about the way in which I thought the role of the education lead practitioner would both enable and
need there to be more training provided, and I use the examples of one of the Pathfinders were the
training had taken place. I suspect
in those Pathfinders, and it would be appropriate if it was some of the additional money that had been made available, but I also made the point
that it is already the case that statutory partners in safeguarding
our providing resources for their safeguarding responsibilities --
are.
In the point about these teams
is that they will enable that resource to be spent more effectively at the point at which is
going to impact children's lives.
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Can I just again deter to the
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Can I just again deter to the view that all of this training is done online. It is still a
done online. It is still a requirement of Ofsted that every teacher when question should have a
teacher when question should have a working knowledge of keeping
working knowledge of keeping I'd like to ask the Minister, and avast previous ministers about this, that when keeping children safe in
that when keeping children safe in education is updated, could it be done before the beginning of September so that the days can be
September so that the days can be planned with the new guidance rather than the old?
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than the old? I'm glad that... I think the
noble Lord was reinforcing the point
that I made. I will be in big trouble with my son for having outed him in this debate. I'm glad to hear
that other excellent teachers have experienced this training. I think he makes a very fair point. I will
certainly go back to my colleagues in the department and set, in reality, if you want people to be
being trained and dated in keeping
children safe in education guidance and you expect that had -- that to
happen on inset day, it would be good for the guidance to be there in
time for them to be able to do that.
time for them to be able to do that.
15:29
Lord Agnew of Oulton (Conservative)
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I thank the Minister for her
answers. I would like to reassure the noble Baroness that I was not trying to suggest that this is a
whole new scale of undertaking for
teachers. My noble friend Baroness Barran was right. I was trying to understand scale limit because this
is a really big, complex bill and the Minister was helpful in saying
that her son who was dealing with this on the frontline feels that one
inset day will be sufficient for the kind of familiarisation needed.
I'm
not trying to put words in your mouth but what I'm trying to say is that a bill of this complexity, in
my experience, will need quite a lot of CPD for our teaching cohort. That
is where I'm coming from. We have a very specific time -- amount of time
available because of the 12-6-5
role. -- rule. I take at face value what the Minister has said. I
acknowledge that you have in your immediate life someone who can give you frontline experience.
I genuinely mean that because that's
where I'm coming from. I ask this
question because head teachers and my Academy Trust have asked me to clarify it. It was put forward with the best of intentions. And to
Baroness Butler-Sloss's point about
schools being at the forefront of child protection, I completely agree
with her because I was one of those children nearly 6 years ago. My family collapsed, my father was left with seven children, and it was my
with seven children, and it was my
school that provided continuity and care for my well-being.
So, I absolutely accept that schools should be part of this. I just want
to make sure there is real understanding in the department and as part of this legislation that you
are mindful of the overhead that will apply and to the noble Lord 's
point about coordinating the
timetables so that if this was to be from 1 September, we know about it, so that we can be planning what we
put into the training day. I thank the noble Minister for her answer.
I beg leave to withdraw my amendment.
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Is it your Lordships pleasure that the amendment be by leave
that the amendment be by leave withdrawn? Amendment 35, Lord
withdrawn? Amendment 35, Lord Fraser, not with. Amendment 36, 37 and 38. Amendment 39 and 40. Not
and 38. Amendment 39 and 40. Not moved. The question is that clause 3
15:32
Baroness Barran (Conservative)
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moved. The question is that clause 3 stand as part of the bill. All of those in favour say, "Content".
Those in the contrary say, "Not content". The contents have it.
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I rise to speak to amendments 41,
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I rise to speak to amendments 41, 45 and 46 in my name. And speak to the noble Baroness in relation to
the noble Baroness in relation to hear amendment 69. I would like to take this opportunity on behalf of the House to wish her a very happy
the House to wish her a very happy birthday. As I set out in an earlier group I hope my prior experience in
relation to setting up information sharing at scale in relation to high-risk domestic abuse will be
high-risk domestic abuse will be useful as the House debates these
useful as the House debates these important changes.
My amendment 41 and indeed the amendment 42 in the
and indeed the amendment 42 in the name of my noble friend, Lord Lucas removes the duty to share
removes the duty to share information in relation to safeguarding and welfare. For the agencies referred to in subsection 4 which include the statutory
safeguarding partners, police, local authority and health, education and childcare agencies and any person who is doing work for either group.
I think this could be referring for example to an independent chair in a
serious case review.
Can the noble Baroness, the Minister be clear
about who is intended to be covered in Group C, if I can call them Group
in Group C, if I can call them Group
C. My concerns about this part of the bill is that it feels when you read it as if it is taking
information sharing in isolation. It seems to imagine a world where
relevant partner, say a school or a childminding agency, information they are concerned about a child
which they pass on to the local authority and then that is it.
I know that is not the government
intention but I am just trying to make sure the bill says what the government intends it to do. In
practice you need sharing protocols
and you need somewhere you can discuss the information. You have shared the noble Baroness Lister referred earlier to Annie Hudson's
comments about people being in the
same place. And you need to be together to agree what actions to
take in relation to that information. I cannot see how any of that works in the bill.
And the
noble Baroness may say that it is not for the government to prescribe
these things but we do have a lot here in regulation and guidance. And
it would be helpful if the Minister could elaborate and say exactly what the guidance will cover. My other
worry is in real life you often do not know the significance of the
information you hold until you join it together with information from
other agencies. We used to say at safe lives you do not know what you
do not know.
When the noble Lady, Baroness Scotland was the Minister I remember taking one of her
colleagues from the Home Office to visit one of these multiagency meetings. Which I thought was almost
certainly the kiss of death for our future relationship with the Home Office. But we survived. There was a
case which I remember very vividly
of sharing information where the police Officer said they knew about the case, they had attended the
address seven times, the woman was always drunk and on the final
occasion they found her -- find her
for wasting police time.
As we went round the table it came to be the representative from the A&E team and the nurse who had looked at the
police Officer as only nurses can do and asked her to run through the dates of those tendencies which she
did. And she said they had an attendance on every one of those
nights for that woman. That she had several broken bones and they had an attendance from the child the next
day who had they were told fallen off his bike. We do not need miles
of domestic abuse training to know neither party actually could
probably put those things together.
Until you hear the other side. But
even on a kind of simpler level, any
of your Lordships who have been involved in this work will know that
in the same family you have got one child who is causing all sorts of trouble in school and is very visibly disturbed and their sibling
wants to stay for every after-school club and is the most immaculately
behaved. So I know Bill cannot address all of those permutations.
We just need reassurance the government has thought this through
in practice.
It is also frequently not responsible to share information if nothing is going to happen with
it. We are not just offloading risk of what we know on to another agency. The balance in considerations and the legislation
in the data protection legislation
other -- are there for a reason and we should respect people's privacy unless we think by sharing information we will make them safer.
It is important to have full picture of a child when considering
safeguarding concerns. I wonder how this works when say school shares a
low-level concern with health because they are the most relevant statutory agency but in the same case, the police share different
information with the local authority
and are not clear, I know who in theory should hold that full picture but how in practice does the local
authority, social work team hold the whole picture? And crucially how is
that picture kept up-to-date?
Similarly where is the duty for the lead safeguarding agencies to share back with wide organisations what
action they have taken based on the
information that was shared? Those organisations need to know how they can help, what they can do that
could make a child safer and indeed what they could do which could increase risk to a child.
I am also
not clear from the bill what the threshold is for sharing, the duty
in 16 L A, one Day and Be says a person to who this section applies,
so in this case all of the 400+
schools and nurseries and childminders and their typical local
authority -- in a typical local authority I know my noble friend referred to on Tuesday will have a duty to share information relevant
to safeguarding or promoting the welfare of the child.
That is obviously incredibly broad and would
require a lot of resource if it is followed to the letter and again
something when I look at the impact assessment I cannot see how that has been fully accounted for. So if the noble Lady, the Minister could
elaborate that would be very helpful. I also think agencies will
need guidance about when to disclose information. As the law obviously allows them to do this today and
allows them to do this today and
this does not change.
It does not change those duties. Even with statutory partners like the police, they benefit from guidance and we
need to strike a balance between hypervigilance on one hand and
information dumping, i.e. Sharing everything at risk of diversion on
the other. I am also not clear from
the bill whether education and childcare agencies should seek consent, presumably from the parent
rather than the child before sharing information and where public
interest overrides consent? In practice as the noble Lady knows, it
is a blurry line between sharing
information about a child.
The child came into school and washed, in unwashed clothes for the fourth day
in a row. That might be something
specific about the child that is legally, that is legal to share. But it implicitly shares information
about the parents where the balance in considerations might play out differently. I think again if the
Minister can clarify, in a world where agencies trust one another this becomes a two-way street. Local authority can request the nursery --
at a nursery for information for example but can a nursery make a
request of the local authority? And then more specifically how does the government think subject access
requests will be handled? So if we imagine I think of my grandson's
former childminder who was
wonderful.
But how would we expect those parent organisations to deal with this, both administratively and
in human terms? My noble friend, Lord Lucas Amendment 49 also raises
the point about retaining public trust in the process including by
clarifying the need to maintain records and processing disclosures
made under this section. My Lords, I could go on but I do not think there
is a need to. This part, 16 L A is the right thing to do. But doing it
right and getting it right in practice is fiendishly difficult.
Moving from a world where education and childcare agencies can and do share information with statutory
agencies about safeguarding and welfare in relation to children, to
a world where they have a duty to do so without having tested this in practice may throw up all sorts of
unintended consequences. I would just be grateful if the noble Lady
could reassure me, I think it would be unfair to expect her to address
each one of those in detail. But that she would consider these points, comment on those that she
can and perhaps find out from the Department whether there have been any pilots of this approach or
indeed in the family first partnership areas how is it going?
Turning to my other amendments.
As noble Lords will know, the Public
Bill Office here has done beyond superhuman job in putting down a
huge number of amendments and I am
ashamed to say some from me are very late like at a very late hour. I am
hugely grateful. I think my amendments 45 and 46 overlap and we
do not need both of them. This amendment links to some of the very
points were raised in clause 3 and I am thinking about cases where unexpectedly information images about significant risk.
Neither to
another sibling or to an adult --
either to another sibling or to an adult of the extended family members, if I can sneak it back in
which is why I prefer 45 of the extended family members, if I can sneak it back in which is why I
prefer 45/46. The relationship of a sibling is easier to deal with the
domestic abuse is Nokia's concern and I know the noble Baroness shares my concerns about that. Where our
actions must be prioritised to safeguard the child but that could in turn increase risk to the victim,
which ironically of course could then make things worse for the
child.
But where the victim discloses domestic abuse to the childminder who then reports it to
the local authority and the police,
the police turn up and as we know in many cases no further action is
taken that perhaps silences the victim from seeking help. I know the noble Baronesses familiar and we cannot legislate for every human
behaviour. But it is just thinking through the risks they're both to
the victim and the child. In such a case. If I may I would just like to
case.
If I may I would just like to
give one of the true case from many years ago when an abusive father was also a carer for his mother. Adult services were unaware of the
concerns about his behaviour despite the fact his mother kept falling out
of bed and injuring herself. I just wondered within this approach, how
those wider information sharing gaps are going to be bridged. My amendment is absolutely in the
spirit of the probing amendment. But I just want reassurance government has thought these things through.
I
look forward to the Minister's reply in hearing the contributions of
other noble Lords.
other noble Lords.
15:46
Baroness Walmsley (Liberal Democrat)
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I rise to speak to amendment 53 in this group in the name of my noble friend Baroness Tyler of Enfield and myself. This amendment
is designed to ensure the entire
is designed to ensure the entire
implementation of the single unique identifier, otherwise known as the consistent identifier. Timely access to high-quality, personalised education, Health and Social Care
education, Health and Social Care
Committee is fundamental. -- Health and Social Care Committee
Clause 4 Clause 4 inserts Clause 4 inserts two Clause 4 inserts two new Clause 4 inserts two new sections
into the Children Act 2004 that relate to information sharing and this includes a provision to
introduce our persistent -- a
consistent identifier for children.
My noble friend Baroness Tyler argued strongly for the introduction of an identifier for children during
the passage of the Health And Care Act. We know that too many safeguarding case reviews,
especially heartbreaking and harrowing ones that hit the
headlines, have said that better
data sharing between services is needed to properly safeguard
children and improve their health and wider well-being outcomes. This is intended to provide a clearer legal basis for sharing information
to promote the welfare of children and prevent them from falling through the gaps.
Through the
introduction of this unique, consistent identifier, it will be
much easier to match records and share information confidently. So,
my Lords, implementation within this Parliament of this crucial measure as promised in the Government's
manifesto is paramount. We cannot run the risk of it being lost in a
subsequent Parliament if it is no longer considered a priority. That's
why many in the sector, particularly
many children's charities are working together to scrutinise the planned timescales and implementation plan.
As things stand, there is a risk that full
implementation of this identifier will not take days before the next general election. The NHS and local
authorities might be using a common identifier but not school settings
or police. Partial implementation would fundamentally undermine the benefits of a single identifier. So
either all services are supported to
use it soon or we run the risk of it
not being effective. This amendment
would ensure that full implementation of this part of the bill takes place before the next general election, as set out in the
Labour manifesto.
I could say just a brief word about some of the other amendments in the group. I also have
concerns about what Baroness Barran raised about vulnerable members of the family I look forward to hearing reassurances about that from the noble Baroness the Minister. On
Amendment 69, which has not been introduced yet in the name of
Baroness Spielman, it sounds to me like a good idea that the data should be consistent so that people
accessing the information should understand exactly what it means. But I'm just concerned it might turn
into a to box exercise and I would
hope that would not be the case.
I look forward to hearing what the noble Baroness the Minister has to
say about that. With that I close my speech about that amendment.
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I'm rising to speak to amendment 69 in my name and to make provision
15:50
Baroness Spielman (Conservative)
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69 in my name and to make provision for a cup -- a common open data
standard. If I can start with a couple of wider comments, like
Baroness Laing field, as chief inspector at Ofsted, I reported each year for many years on the
concerning shift of local
authorities into acute services and away from early help in targeting support. The reasons seemed fairly
simple. It was because resource was constrained for those statutory
services so it was logical for local authorities to prioritise spent on
those.
I was surprised when the noble Baroness the Minister cited this concerning shift as a reason
for the changes in -- proposed in
the care review and this bill. There are potentially much simpler solutions in rebalancing the obligations or providing funding.
This bill does carry -- create a lot
of additional structures and duties
and complexity, which could unintentionally take more resource and time away from frontline were,
which I know everybody would like to prioritise. And I would like to get more sense of the thought as to how
this bill can enable all the players
in an extremely complex system, rather than simply direct and
control for the ministerial office.
And the particular missed opportunity that I'm talking about
today is about data, and the value of common open data standard to help
of common open data standard to help
facilitate sharing and individual level, but also to make it easier to aggregate and analyse. Every service working with vulnerable children has
its own data system, typically in
each sector there are a number of proprietary systems available. Each
of those is set up and works in different ways. There are no common data standards for the bodies
involved.
This makes it genuinely
hard. There have been obligations between different parties for very many years to share data, to share information, share data, and yet
every serious case review points out failure is in datasharing almost
without exception. It's right that we have privacy by default so it is
a hard decision each time you do decide that it is important enough to share information to overwrite
to share information to overwrite
privacy in that case. -- To override
privacy in that case.
These also don't work to a common standard. There is potential improvement in
the management of individual cases if we can reach the kind of open data standard that is being developed and used and other
developed and used and other
sectors. -- In other sectors. It is also hard to put together a national
pick your when it comes to data about social care. The understandable protection around
individual children and also the kinds of disconnect that have already been referred to,
information about people who are causing the harm or other children
who are collateral damage in the same situation are not necessarily
nearly -- neatly lined up.
So it is genuinely hard to find out about
types of abuse and who is implicated. This is a real problem.
It should not just be down to journalists to go hunting for things
that we should already know and be
acting on. I served as chief inspector until the end of 2023 on
the National Permutation Board --
National Implementation Board. I sat across Professor Finkelstein who was a data export and gave me valuable
input into the framing of this amendment.
Data was an important
strand of the Care Review Report.
Part of the important plan for its implementation. It does seem to have
got largely lost. So, I would like
to put forward this amendment and propose to the Minister that she should make sure that this
opportunity to enable all players in
this complex system should not be lost. By making this provision now, she will have the flexibility to set
a sensible timescale, a reasonable proportionate timescale for all of these proprietary providers to start
creating the kinds of alignment that can help us going into the future do
the best for all children.
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I can't resist speaking on what the noble Lady Baroness Barran said
15:56
Baroness Butler-Sloss (Crossbench)
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the noble Lady Baroness Barran said about the two children whose approach to education is so different. It happened in my family.
15:57
Baroness Spielman (Conservative)
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As a parent, it makes life very interesting. But I'm rising to speak
15:57
Baroness Butler-Sloss (Crossbench)
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interesting. But I'm rising to speak during these amendments to support
during these amendments to support particularly amendment 69, but also to take the opportunity strongly to
to take the opportunity strongly to
to take the opportunity strongly to support this cause -- clause 4. I think it is unbelievably important.
think it is unbelievably important. Festival, when I worked on the child abuse enquiry, it was obviously --
abuse enquiry, it was obviously -- it was absolutely obvious that nobody spoke to anybody.
The police,
the psychiatrist, the paediatricians. Literally nobody was
sharing information about anything. OK, that was a very long time ago. I
was very recently at a conference and we were discussing certain
aspects of safeguarding. A senior police officer told me that he was
trying to work with Peter bro local authority who would not speak to him
about the issues that he wanted to discuss, and I wondered ever since
what on earth I could say about it is I'm raising it here today.
That was last month I was being told
that. The real problem is to get people to talk to each other. I listened with great interest to the
various problems that the noble Lady
Baroness Barran raised. At the end of the day, what really matters is
that clause 4 is past with whatever
alterations are necessary because nothing could be more important. To things. One is information sharing and the other is sensible, adequate
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data. I'm sorry not to be able to speak
15:58
Baroness Neville-Rolfe (Conservative)
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I'm sorry not to be able to speak at second reading but I take a great
interest in the effectiveness of public services and improving them where we can. I was sorry that there is not much discussion of the
importance of information sharing across agencies involving social care that day. Although the noble
Lady Wilcox of Newport spoke about it and come of course, we've heard
eloquently today from Baroness
Spelman introducing her amendment. There are about 400,000 children in
the social care system.
History shows that in the sector for
recording and sharing of information are sometimes responsible for
failure is in our care system. The noble Baroness lady but the source
has bore witness to that again today. This let's down children,
young people and families that are served. It's bad for social services who find it hard to recruit and
spend time fighting fires rather
than improving people's lives, as the noble Baroness lady Longfield
has already said. Intervention needs to be timely.
The fallout from mistakes also increases the ever
rising cost of the system. Delays,
lack of essential training. Lack of
intervening early in. All of that means the sharing of information in a timely fashion is critical to the
reforms to social care. In scrutinising this book are we need to be sure that the system of data
correction -- collection and use and
aggregation to improve the system learns from the best. Way to understand how much of that will be
in legislation, which Dennis Perrin has a radius.
I support amendment
41. -- Which Baroness Barran has already asked. I support amendment
41. On the compliance cost of all that in the many bodies and agencies
that in the many bodies and agencies
involved, including even childminders, as she said. I want to go somewhere different. I read with
particular interests section 8, page
219 in the independent review of children social care. The report, I believe, is the inspiration for much
of the government's reforms. For today's purposes, the proposal for a national data and technology task
force is really important.
The case
study on the positive experience in Bristol is instructive. They brought together data from 30 sources,
including the council, police, DfE, NHS, DWP and social care themselves.
That is the kind of joined up approach we need. That is happening
here and now. I just hope this is not one of the areas with issues. A national system and a single unique
identifier for children will take
time. Even if we agree amendment 53, which was so eloquently introduced
by the noble Lady.
Has the government set out the proposed task
force and if not, I suppose my follow-up question would be why not?
In any event, perhaps the Minister could describe what is happening in
the absence of the cutting of data
standards in the meantime and other areas of social care to encourage
I was Director and started date of
health research the UK. Created
models for GPs and other... And transforming the results of things
like trouser vaccines or medical devices -- trials of vaccines and
medical devices.
In some ways it parallels the data systems around
Tesco Clubcard and where we aggregated customer data so that we could spot trends and needs and
serve our customers better. There are four things I believe are relevant from my experience here to
the establishment of the datasharing we are discussing today. First we
ensure the datasets were established on a compatible basis. And as
robustly as possible. Datasets have to be able to talk to each other. My noble friend explained the
importance of this and I look
forward to the Minister's reply.
Second we had a training program for more than 10,000 individuals
involved with such databases. The qualifications are important as the noble Lord, Lord Storey said but so is on-the-job training. This kind.
It is different from the general safeguarding training which the
Minister described so clearly in the light of experience of her own time
at school. That is an important consideration. We had a program of
engagement citizens panels and
seminars to generate trust in what we were doing.
People were worried about making the data available,
particularly health data. Trust in the transfer of data is a subject I believe to be of concern. My noble
friend Lord Lucas in this group. -- Has an amendment in this group. And
although we were funded by UK RA we
ran the operation like a commercial one with clear objectives, focus and prioritisation and the implement of talented individuals and the pursuit
of value for money. Which means the money goes further which I think looks very important given all of
the questions that had been asked about resources.
I hope the Minister
will agree this kind of approach merits consideration. One other point, contrasting experiences with
the whistleblowing systems were set up at Tesco back in our supply
chain. If you visited and injure factor supplying us you would find a notice on the wall with a central
My telephone number and email which
can be used to report per practice. The feedback from these telephone lines was useful individually since complaints are jewels to be treasured when improving a business
or an organisation like the health service.
However it was even more useful and accurate. Because the committee and the compliance
committee were able to look at hotspots in terms of complaints of location, category of concern and so
hold executives to account and in most cases they had already taken
action. I believe feedback of this kind could be hopefully the care
system. I know one person complained to the police about 15 years ago this was, because she suspected a local agent restaurant -- Asian
restaurant was the scene for abuse of local white girls.
She was told by the police if she persisted they
might want to accuse him of racism. I hope and believe such attitudes are behind us. But the need for
better information sharing and knowing where to complain when you
see problems is a very important part of improving social care.
16:06
Lord Meston (Crossbench)
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My Lords, I would want to make just one point about the proposed
new sections to be added to the 2004
act. My clause 4 as probed by these amendments. They would have course
introduced an all-important duty to share information and it should be
noted a discretion to withhold information. It is important to
appreciate as drafted the duty to share and the discretion not to
share depends as I read it only on the subjective views of the person
holding the information.
As to the relevance of that information, to
safeguarding all welfare and as to the potential detriment of
disclosure. Those are of course crucial factors but I do question
whether what happens or does not happen should depend solely on the
subjective views of the information holder. That is it is, as it appears
to me to be in the proposed new section. I suggest it should be an objective guest. If the information is relevant and it should be
disclosed. If disclosure would not be, would be more detrimental to the child than nondisclosure it should not be disclosed.
Those decisions
should not necessarily depend on what the individual information
holder considers appropriate. Surely the holder should be expected to apply an objective test when considering what is best for any
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venerable child. -- Vulnerable child. The Minister may mention this in
16:08
Baroness Sanderson of Welton (Conservative)
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The Minister may mention this in response to Baroness Neville-Rolfe's
question but I just wanted to mention the Cabinet Office
Evaluation Task Force. Which is tasked with improving and addressing data across every area of
government. And they office the cannot do that with every area of governments what they did was pick 10 priority areas. One of which is
children social care. So I thought I would just mention it in the context of Baroness Neville-Rolfe's
excellent amendment because of this you could make a huge far-reaching difference and if it was something
that was to be looked at then perhaps speaking to Cabinet Office
might be useful.
might be useful.
16:08
Baroness Finlay of Llandaff (Crossbench)
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Arise briefly to say that I think these clauses are going to be incredibly important. In order to
empower information sharing. I do thank the noble Lady, Baroness
Barran for having raised so many of the practical concerns. Because I
know the noble Lord, Lord Bester has just asked for some objective
criteria but I would have to say from my experience in general
practice and many years ago paediatrics, there did not seem to be a clear line very often.
There
be a clear line very often. There
was a sort of shades of grey. And
depths of suspicion. A sense of something that might not be right, long before you could establish any objective evidence. Actually the objective evidence sometimes came
far too late. I will never forget a child who 50 years ago had been dipped in boiling water. I was the
admitting person in the A&E
department, as a junior Doctor. Having really only just started in
paediatrics.
There were children who were readmitted with injuries and then when you went into it, you discover things have been going
wrong for a long time previously. Later on when I was on the health
authority the Gwent we had some
tragic cases there. Which obviously I cannot disclose the details of that one of the recurring themes we
had was people had not put together the pieces of the jigsaw puzzle.
They had not connected the dots to
realise what was happening.
And so I worry that we will not ever be able
to have an absolute criteria. We have to allow discretion. Which is what this amendment does. And I note
in part seven that it talks about a
breach of obligation of confidence owed by the person making disclosure. I think that is actually
helpful. Because hopefully you will
see the person over and over again once you have an index of suspicion
to try and ascertain what really is going on before you trigger the
referral.
Each of those encounters as it says on the face of the bill
must be documented. So you would document why you had not triggered at that point but you might trigger
later. And I think it would be really helpful when the Minister is
responding to this debate if she can
outline the way the system is thought to work in practice and
where the central repository of data
will be. Because there is a concern it can put data into a system, whatever the system is but if you do
not mind that data, if you do not have flags that come up that put the
pieces together, it may be that you get a lot of people saying but I
reported it.
And I reported it. And
I reported it in. It goes into some kind of data black hole. Without really being joined up. Because there will need to be a
responsibility for saying this is
actually looking more than a one-off occurrence. There is something going on here. And it needs to be
investigated.
investigated.
16:12
Baroness Smith of Malvern, Minister of State (Education) (Labour)
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My Lords, since the very first inquiry into the tragic death of Denis O'Neill in 1945 we have seen
time and time again poor information sharing lies at the heart of serious
sharing lies at the heart of serious
chart -- serious child.... If we are serious about protecting children must be serious about fixing this. I
think there has been in this group of amendments with respect to this clause, a pretty strong consensus
around this House on that point.
The in production of an information -- introduction of an information
sharing clause of this bill marks a step forward in that mission. The
noble and learned Lady Baroness loss -- lady Baroness Butler-Sloss demonstrated while there has been
some progress there is nevertheless still a need for the clarity and permission provided by the duty in
permission provided by the duty in
this bill. In speaking to the amendments I recognise they raise
important questions about how they will make this a decision working practice and I will attempt to
respond to as many as possible.
And where I do not I will try and ensure that I provide that information
later. In first turning to amendment
41, which challenges the clarity and effectiveness of the duty to share information as set out in clause 16
K, let me be clear the new information sharing duty as I have suggested is a significant development. It places a legal
obligation on relevant organisations to share information to safeguard and promote the welfare of children.
These organisations already bound by statutory duty to have regard to the need to safeguard and promote the
welfare of children when exercising
their functions.
I think it might be
at this point that the noble Lady, Baroness Barran asked who was captured in subsection C of the
information sharing duty. That section, Group C relates to those
relevant people undertaking functions on behalf of those
organisations with section 11 duties. So for example GPs who work
on behalf of NHS England and other individuals relating to those
organisations with section 11
duties. And it responds directly to feedback in the Independent Review of Children's Social Care that found despite legislation permitting
information sharing for safeguarding, practitioners often
see it as a barrier due to confusing organisational agreements and arrangements.
Officials in
developing this duty have worked closely with the Information
Commissioner's Office, with practitioners, and with other government departments to draft the
measure. The duty is not about increasing the number of referrals
into children social care, in fact precisely the opposite we could argue. It is about enabling
practitioners to share and request information so they can understand what life is truly like for a child
and understand the significance of
I think one of the examples that
Baroness Barran talked about was precisely a good example of where a
whole range of different sets of
information came together to create a very different and worrying story
about a child.
I would also argue it's probably a good example of where a multi agency child protection team might well have been
able to bring that information together to decide on action that was needed. It did exemplify the
need to... It exemplified how we can
get a clearer picture if we do
information sharing, which this is all about. Some questions that were
raised in respect to the detail...
Firstly on the point about clarity
on what safeguarding and welfare means.
I will give some examples a
bit later as well. We will be providing further clarity about what safeguarding and welfare means
through statutory guidance, which agencies in scope must have regard
to. We will set out the kind of information that might be relevant to particular context so that practitioners have some support in
thinking about how to apply the legislation. There is, of course, an
issue about whether the information has to be relevant to the safeguarding or promoting welfare of
children.
In developing this measure, we have sought to deliver,
on our manifesto commitment so that children do not fall between the
cracks, but also to ensure that the duty adheres as far as possible to
data protection principles, particularly around purpose limitation and data minimisation. We
will provide statutory guidance again here, which relevant agencies
must have regard to, which will give examples of what this is likely to
encompass. This is likely to broadly reflect the matters covered by the definition of safeguarding and
promoting the welfare of children and also the Information
Commissioner's Office 10 step guide.
On the point about consent, if the
terms of the duty are met, the duty provides a clear legal basis for
sharing information without consent. Of course, practitioners should aim to be as transparent as possible by
telling families what information they are sharing and with whom,
provided it is safe to do so. We intend to publish guidance on this in due course. Over the summer, we plan to undertake user testing to
plan to undertake user testing to
identify the key information that safeguarding practitioners want and need to carry out their functions effectively.
That will help to
inform the associated statutory guidance, which we will consult on as well before bringing these
provisions into force. I'm now going to turn to amendment 42, which
actually I don't think has been
moved by the noble Lord Lord Lucas. Nevertheless, I've got some good
stuff here so I'm going to say some of it, which I think also will
respond to some of the other points
that have been raised because some
discussions have been raised about the breadth and determination of safeguarding and promoting the
welfare of the child, and what the
test should be.
And I tend to agree with the noble Lady Baroness Finlay
on this. I think this will be a case not so much of an objective test but
of professional judgement bound by some of the conditions that I'm
going to talk about. While the bill
does not define safeguarding or promotion of welfare, these are not
unfamiliar concept. They are well established in children social care legislation and widely understood by
practitioners across the sector. It may be helpful to remind the House
how safeguarding and promoting the welfare of children as defined in statutory guidance, specifically in working together to safeguard
children.
It includes providing help and support to meet children's needs as soon as problems emerge.
Protecting children from maltreatment, whether at home,
outside the home or online. Preventing impairment of children's
mental and physical health or development. Ensuring children grow
up in a safe, stable and nurturing environment. Ultimately, taking action to ensure all children can achieve the best possible outcomes
as set out in the Children Social Care National Framework. These are the foundation of safeguarding
practice. There the outcomes this bill seeks to support through more
confident information sharing.
This familiar framing is intentional. And
empowers professionals to use their judgement, to share information where they believe it will help another agency to fulfil it safeguarding or welfare
responsibilities. Moving on to
amendment 43, 45 and 46. I did notice that 45 and 46 were very
similar, although I've now forgotten
which one includes at elder abuse --
add. But let's take the general themes. It seeks to broaden
information sharing to consider the
safety and welfare of others, not just the child when sharing or
receiving information.
As the noble Lady has outline, this is particularly relevant in cases involving domestic abuse. I do fully
acknowledge the importance of recognising when a parent or carer
may themselves be a victim of abuse. The noble Lady gave a very vivid
example of that. Our wider reforms
are underpinned by a whole family approach and understanding the needs
of the adults in the household. Statutory guidance working together to safeguard children already includes guidance for practitioners
to focus on the needs of the child
and their family.
However, we must be clear that the child safety and welfare is paramount in all decisions about information sharing.
Statutory guidance issued as part of
this duty will support practitioners in fulfilling their duty come including consideration of other
factors such as domestic abuse, to help with the very complex and
difficult situation that the noble
Lady Baroness Barran alluded to. Turning now to amendment 53, introduced in the name of the noble Lady Baroness Tyler and introduced
by Baroness Walmsley, which seeks to
place timelines on the information of consistent identifier and other
part of this clause.
I can say to noble Lords, as a manifesto
commitment, we want to deliver on this ambition as soon as possible so
that's why we've taken swift action to include provisions in this bill
which will allow us to implement it as soon as possible. But there are important considerations, including technical and legal considerations,
such as data security, monitoring and oversight, system can't
availability -- system compatibility
and cost. I don't think it would be prudent to pre-empt the outcome of those pilots and include a timeline
on the face of the legislation.
As I think noble Lords now, we are
currently exploring the suitability of using the NHS number as the
consistent identifier. That process will take several months. The first phase of work will explore whether
success rates of drinking -- linking
children's records can be improved
by using the NHS provider -- NHS number. This will inform future test and pilots. Pilots will inform us
how to incrementally increase coverage across datasets used to
manage safeguarding and welfare. If our initial pilot over the summer successful, at this stage we would
anticipate giving children social care teams within local authorities
access to the NHS number during 2026 whilst in parallel we test its impact and ability to be used in
impact and ability to be used in
wider areas.
The point here is it won't need to wait for a big bank to
introduce it. Assuming this is the appropriate way to proceed, we will
be able to do that on an incremental basis as soon as possible in different areas and with different
agencies. Turning now to amendment
69 in the name of Baroness Bull man
-- Baroness Spelman. Happy birthday.
I'm not sure if this is how I would
have chosen to celebrate my birthday but hopefully we will finish in time for some celebration.
This amendment seeks -- seeks to add a new clause
to introduce an open, data standard. Noble Lords, including lady Neville
Rolfe, have made a good case for this. For example, those used by
GPs, social workers in schools, to seek the same remark to speak the
same language. -- To speak the same language. In our case, they can ensure that a child's name, date of birth or safeguarding status is
recorded in the same way. This is not just a matter of efficiency,
it's a matter of safety.
Key to linking information across agencies is to build a fuller picture of a child's needs and to intervene
earlier and more effectively. This is why we do have a proper programme underway to develop and implement
common data standards as a mechanism to improve information sharing. We will work sector representatives to
ensure standards focus on the biggest information challenges that
we face. We will draw on the Cabinet
Office examples that the noble Lady identified. We need to develop and
test these standards prior to their implementation and to assess the most appropriate method to introduce them.
I hope that gives the noble
Lady Baroness Spelman and others some certainty and assurance that we are making progress on this. With
all of the explanation that I have
given, I hope that noble Lords will feel able to withdraw their amendments at this point.
amendments at this point.
16:28
Baroness Barran (Conservative)
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I'd like to thank the noble Baroness for her detailed response, and I look forward to her letter on
some of the even more detailed points that I think deserve clarification. It was also
reassuring to hear her confirmation
that there will be user testing
going on, as she said. And I wish her and colleagues in the Department
good luck with the consent guidance,
because it is hard if you are in a nursery and you're worried that a child is being neglected, getting
consent from the parent is not a comfortable conversation, but not
telling them and then finding out is also, can put the child at greater
risk.
I think my noble friend
Baroness Spelman 's amendment in
relation to open data standards, and
it was good to hear the Minister's response that work is going on in
that area. Maybe in future debates we can get clarity on some sense of timing. I think going back to the
earlier debates in clause 3, one of
the biggest blocks to agency work -- multi agency work is just how slow
it is to get data out of different systems to be able to share it.
So
anything the government can do to smooth that along. I thought the experience of Baroness Neville-Rolfe
was extremely helpful. We do have
examples of doing this big data transformation projects quickly when
we need to. The first was the linking of primary and secondary
data, the healthcare data during the
pandemic, so that we could predict
ICU bed capacity needs. And the second, the noble Baroness knows is
my favourite, attendance data. That
has been game changer.
We are seeing attendance start to improve, happily. I'm glad to hear the
Department is taking that seriously. I think the noble Lord is right about having some kind of objective
criteria against which you decide
whether or not to share information.
In a multi agency well, you want those to be multiagency criteria because actually the sort of all the
dust is when the police start to
worry about pregnant women and their vulnerability and midwives start to worry about allegations of
kidnapping.
The police know what that means and midwives know the
significance of abuse in pregnancy. We want them to worry about each
other's risks. I would absolutely agree with the noble Lady Baroness Finlay about the importance of
professional judgement. That's clearly absolutely critical. It's helpful to have objective criteria.
With those remarks, and with
apologies to the Minister for yet another letter, I beg move to
withdraw my amendments will stop --
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Amendments 42 and 43, Lord Lucas, not moved. Amendments 44 and 45, Baroness Barran. Amendments 45 and
Baroness Barran. Amendments 45 and 46, not moved. Amendments 48 not moved. And amendment 49, Lord Lucas, not move. We therefore come to the group of amendments beginning with
group of amendments beginning with amendment 50 in clause 4, amendment
amendment 50 in clause 4, amendment
50, Lord Lucas. Baroness Coussins.
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I rise to move the amendment. Amendment 50 in the name of Lord
Lucas and to speak to the other amendments in this group. In the name of Lord Lucas, Lord Farmer and
name of Lord Lucas, Lord Farmer and the noble Baroness. I am the wrong
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group? I apologise. I miss read my papers. That was my fault. We now
come to the group of amendments beginning with amendment 44.
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Baroness Barran. Thank you. My Lords, amendments
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Thank you. My Lords, amendments
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Thank you. My Lords, amendments 44, 47 and 48 and my name all relate -- in my name all relate to the recording and sharing of information
recording and sharing of information decisions. They cover the two obvious situations. One where information is shared and one where it is not shared. Because the
it is not shared. Because the relevant person considers sharing it would be more detrimental to the
child than not sharing it. These amendments seek to clarify what the expectations are on all agencies from the smallest childminder to the
from the smallest childminder to the largest college in terms of recording where decisions and
recording where decisions and reasons for those decisions and
reasons for those decisions and keeping good records is of easily essential but it takes time, it requires secure storage and access
rights.
Good record keeping can improve the safeguarding situations
for example whether it changes of staff -- whether in changes of staff
or someone is on holiday or a new or temporary member of staff may not know the history of the case. Similarly in agency they may decide
not to share information at one point and then at a subsequent point decided to is in the best interests
of the child safety and welfare to do so. I would like to press the noble Baroness, the Minister in
relation to cases with the decision where it is made to not share information.
Because of fear it would be detrimental to a child
safety. -- To a child's safety. As discussed earlier we do not know what we do not know. The one piece
of information might not seem overly worrying but when pieced together with others as we have discussed already the picture changes. Secondly we need confidence that
practitioners are considering these decisions with care. No-one expects
perfection in these areas but defensible rather than defensive
decision-making. Also I wonder if
she could just comment in this regard on subsections five and six.
Which I assume will be clarified in
regulations. Having a clear
decision-making process to record as simply as possible the decision
taken and the reasons for it will improve the quality of decision-
making and of course in the case of serious case incidents by which I
mean when a child is killed or seriously harmed, it will be vital.
So again I ask the government how this is going to work in practice? I
can see if you are strong as a local authority, strong trust, a large
college this might be close to business as usual.
What about the single primary, the small primary
school head who has to deal with this along with 55 other responsibilities or the nursery for
the childminder. I look forward to
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the noble Baronesses remarks. I beg to move. Amendment proposed, clause 4,
page 16, line 30 at the end insert the words printed on the Marshalled list.
16:36
Baroness Smith of Malvern, Minister of State (Education) (Labour)
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list. My noble Lords, I rise now to
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My noble Lords, I rise now to speak to the amendments in Group 6 tabled by the noble Baroness Lady
tabled by the noble Baroness Lady Barran. And not by the noble Lord,
Lord Lucas. These do include
amendments 44, 47 and 48. Which all seek to require practitioners to keep records of decisions made in
processing information and when new information -- under the new information sharing duty. I do
completely agree with the noble Lady, Baroness Barran the documenting such decisions is
important for the reasons she outlined.
This principle is already embedded in the non-statutory guidance information sharing
guidance for practitioners and
managers as well as the Information Commissioner's Office 10 step guide to sharing information to safeguard children. Both of which remote clear
and proportionate record keeping. I
have to say in relation to the
points that she made about the smaller organisations having to
carry this out, I do think if I read an extract from the non-statutory
guidance, I think it is helpful.
It
says it includes advice to record the reasons for your information sharing decision irrespective of
whether or not you decide to share information. Another practitioner or organisation request information
from you and you decide not to share it, be prepared to explain why you chose not to do so. If you are
willing to reconsider your decision if the requester shares new information that might cause you to
regard information you hold in a new
light. When recording any decision clearly set out the rationale and be prepared to expend your reasons you
asked.
-- If you are asked. Furthermore data protection legislation includes key principles
such as lawfulness, transparency and crucially accountability which requires organisations to demonstrate compliance with data
protection obligations. Our plan is as the noble Lady surmised, to
introduce statutory guidance covering matters such as appropriate record-keeping. Agencies must have
regard to the guidance in discarding
their duty which I think further strengthens recording decisions. We think this strikes the right balance
and ensuring audit trails are in place, as the noble Lady outlined.
place, as the noble Lady outlined.
Without placing unnecessary and -- unnecessary administrative burdens
on practitioners who is the nobly has a release that are already working in Pacific and precious. I hope that's reassure the noble Lady,
Baroness Barran and she is able to withdraw these amendments.
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Could the Minister perhaps shows an example of the kind of guidance that is given to a childminder or a
that is given to a childminder or a small primary school already and presumably that is going to be
enhanced I think she was saying earlier. Therefore to 30 questions
earlier. Therefore to 30 questions or a small form or is there an online option because of course generation Z increasingly keen to
generation Z increasingly keen to report online. Here --
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report online. Here -- I did read an extract from the statutory guidance that already
statutory guidance that already exists called information sharing advice for practitioners providing safeguarding services to children, young people, parents and carers.
young people, parents and carers. That was the guidance I read out. As I also said there is helpful 10
I also said there is helpful 10 steps from the Information Commissioner's office. There is the 10 step guide to sharing information
to safeguard children. I am sure 10 straightforward steps.
straightforward steps.
16:40
Baroness Barran (Conservative)
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Only steps -- only 10 steps. I am
reassured the noble Baroness has
considered this carefully. I think my noble friend, Baroness Neville- Rolfe is right just to probe gently
in relation to the smallest
organisations. Where familiarity with this agree of responsibility
may be less great and it could cause some anxiety. I think in addition to
the guidance, there might need to be some support for those organisations but I am sure the Minister will
consider that.
I that I beg to withdraw my amendments and Amendment
49.
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Is at your Lordships pleasure this amendment be withdrawn? Amendment is by leave withdrawn. Amendments 45, 46, 47 and 48 and 49
Amendments 45, 46, 47 and 48 and 49 not moved. Not moved. We now come to the group of amendments beginning
16:41
Baroness Cash (Conservative)
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with amendment 50. Clause 4.
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Amendment 50, Baroness Couttie blue. As you are already aware I stand
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As you are already aware I stand to speak to the amendments tabled in the names of our noble Lords, Lucas and Farmer in the noble Baroness,
and Farmer in the noble Baroness, Lady Barran. Those are Group 7 amendments, 50, 54, 55, 56, 57, 58,
amendments, 50, 54, 55, 56, 57, 58, 59, 60, six to two, 623 and 63 A. I list them at the outset because some
of the same points apply in respect of several. These amendments tabled
of several.
These amendments tabled in the same spirit of probing and
in the same spirit of probing and collaboration which has seen this House at its very best this afternoon. I pay testament and
tribute to the extremely experienced and knowledgeable voices we have heard including from noble and
learned Baroness, Lady Butler-Sloss.
And others across the House. Who have unfortunately some who have
shared their expertise of working in
this expertise -- in this area of expertise. We are all united in datasharing and there appears to be no dispute on that.
The questions
really are about how we do that and how we make sure it is easily
accessible and safe. These particular amendments have been
tabled in respect of the consistent identifier and we would be very
grateful to the Minister for her assistance in answering some of the questions that these give rise to.
It is about 50 years, 52 years since
the first case where the country woke up to the dangers of not
sharing information in the case of
Maria Caldwell.
Her school, her neighbours, her social worker all had concerns but they were not
pieced together. 52 years later we are hearing this House -- we are here in this House and that is in
spite of the efforts of all parties of the other place doing their very best and trying to find a way today
to share at different times since.
30 years later Victoria can be a -- trattoria claim BA highlighted the
same thing and we know no common identifier or shed case file was the issue in the terrible case of Sara
Sharif.
There are problems with
datasharing. And in fact the last time my friends on the other bench
were in government in 2004, the
introduction of contact point under the children's act 2004 had to be abandoned for privacy reasons. To
the great regret of all of us who
are concerned with these matters and
work in these areas in some capacity or other and I declare my interest
is the co-founder of parent Jim in this sense. If I could just then
turned to these individual amendments, some of which are quite
suffix plan.
Amendment 50 is the noble Baroness, the Minister will have seen as a general probing
amendment. To facilitate this discussion. But we go then to look at the use of a single consistent identifier. The data issues and the
House is aware, I was a practising barrister for many years in the
field of media law and data. GDPR issues, confidentiality around
medical information is a major
problem when datasharing. Even when is the noble Minister has pointed
out the duty to share often overrides.
Sometimes information in one context, for example take a
teenage girl obtaining contraception which is something she is entitled to do without sharing with adults,
might in another context for example grooming gangs, have flagged to authorities she was indeed in a
situation, especially if she showed a hotspot of a number of children
where there was a problem and problematic issue. It is a difficult
problematic issue. It is a difficult
And the question of is this all medical information? And I note what
the Minister said about the NHS identifying number.
Is all medical
information then to be shared? How
is information to be assessed as relevant to a particular case, and
how is this to be done? Who will
have the right to access the data system and enter information using
the consistent identifier? Tragically, not only have we seen
the terrible cases of children, and we know sometimes that the
malfeasance has been committed sometimes by those who are entrusted
to care for the child.
Take the terrible case of the child abuse in
the care homes in Wales which went on systematically for years. Of course, those are the exception but
there are serious questions to be asked here and it is in that spirit
that these have been tabled because we have got some really careful thinking to do about how we achieve
the shared, agreed aim of sharing data on children with also
protecting against erroneous or
mischievous use of the data, not to mention of course the medical confidentiality.
With general
opening, if I could just turn to the
individual amendments. The first, of course, the probing amendment. The second in respect of clarifying, and
second in respect of clarifying, and
I'm grateful again to the noble Baroness the Minister for clarifying the NHS number. How was that to be
used? And how is any medical practitioner to assess what information does and doesn't go into
that? Then looking at amendment 54.
We are looking to understand, and we would be grateful for some
clarification, of what is a similar set of identifiers and what that actually means.
I have never
understood that. I did use that Lord Farmer who has tabled the amendment
feels the same way. Amendment 55. It
may be slightly tongue in cheek but I wanted to clarify the limitation
there. Any electronic tagging is
excluded. Amendment 56. This
references the points I've just made about who will be in control of this
data, who will be allowed access to the assistance, how will we know they are using it properly, what
will be the consequences and how will errors be cut and sewn? So the
pilot referred to earlier no doubt will throw up some of these answers
but we would be grateful to understand some of the answers to these questions.
You see the
question at the bottom, what happens
when the child reaches 18? If we are
using an NHS number, presumably those records continue, and has that
been thought through? What other mechanisms will there be to protect the child from identification in
respect of other diagnoses, carrying it into adult hood and being
accessed in another context?
Amendment 57, a similar point, but here we've got a basic error needing
to be addressed. How do we ensure that numbers or identification is used correctly and not attached to
the wrong individual? There need to be some safety mechanisms in order
to comply with GDPR provisions and
ensure that errors can be cut or prevented in the first place.
58.
The question embodied in this amendment is a question before the
government -- for the government and the Minister about who the
government intends to be the designated persons under subsection
10. 59 and 60, probing again on the points I have already raised, but in
particular amendment 60. May we know
what the deterrents are likely to be in by reference to some of the
terrible tragedies we've seen, one of those being malfeasance or abuse of children by those responsible for
looking after them, how is a datasharing system to protect against that? What filters will there be? What checks, what regular
monitoring, in order to prevent?
Finally, I wish to ask in respect of
62, 63, what services in respect of 63, the section is going to apply
to? The noble Baroness the Minister
appreciates it's a lot of questions
here.
But it is a probing group of amendments. Not intended to reduce the level of agreement and support
for the principle of the consistent identifier, but to understand how it will be safely deployed. And
finally, 63A, their questions about when our consistent identifier is to
be applied. There are issues which might arise in relation to is this
birth, is it on entry into the
country, is it on the first issue being raised regarding the child's
care? At what point is the consistent identifier to be applied?
Again, I note that the Minister has
referenced the NHS number and that would be self-explanatory because that number applies from that.
If that were not to be the case, if
there are other identifiers being considered, what are those identifiers and what is the system around those and the protections
attached to them?
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Amendment proposed, page 7, leave
out from the beginning of page 20. If amendment 50 were agreed to,
16:54
Lord Addington (Liberal Democrat)
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If amendment 50 were agreed to, amendments 51 -64 could not be
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agreed to because of prevention. The noble Baroness introduced
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The noble Baroness introduced
amendments very well. I did see the hand of Lord Lucas in them. It is
hand of Lord Lucas in them. It is definitely his style, for all those
definitely his style, for all those who have known him for a long time. It is definitely the sort of questions we need answered about the practicality of what is going to
practicality of what is going to happen. Also the fact that all systems will have their floors. Is how we create structure and deal
how we create structure and deal with those floors.
Also, I will not
16:54
Lord Jackson of Peterborough (Conservative)
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with those floors. Also, I will not be moving my amendment on the NHS identifier number later on.
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I raised to support -- I rise to support amendment 50 in the name of
support amendment 50 in the name of Lord Farmer who gives his apologies to Your Lordships' House because he is unable to hear to move his own
is unable to hear to move his own amendments. I do so because in the spirit of my noble friend Baroness
spirit of my noble friend Baroness Cass, these are probing amendments
Cass, these are probing amendments by large and they are amendments from a position of broad support at
from a position of broad support at the objectives the government has laid down in this section of the bill.
Nevertheless, they are
bill. Nevertheless, they are amendments which seek clarity in
amendments which seek clarity in respect of the government has been
respect of the government has been putting forward. Because we do need more information about the government's intention in adding this new section to the Children Act
2000. Such scrutiny is essential in
that it would enable the government to follow a process that would be
achieved through regulations and secondary legislation. It is nevertheless far-reaching.
Potentially, it re-establishes a regime that previously was abolished
in 2010 by the coalition government.
It is, nevertheless, hard to disagree with the logic that a
single unique identifier would prevent children from getting lost in systems that are meant to keep
them safe. For example, if they are known by different names or their names are not spelt correctly, as
happened in the tragic case of
Victoria Colombier. Tragic cases hang over those of us who, in my
hang over those of us who, in my
case, served on Social Services Committee for many years. Ensuring
children do not slip through the net or disappear from services without knowing where they've gone is of
paramount important -- importance.
I
think it is appropriate that we look at the history, the genesis of contact point because I think it is
important to be mindful of the need
for positive data, not just quantitative data collection. There is a difference. Hence, in 2003, in
his report about the death of
Victoria Colombier, the noble Lord recommended safeguarding for all
children under the age of 16. Was scrutinising this report later, the
committee expressed doubt. It was
said it would present a major technical challenge that should not be underestimated.
They were open to
the concept likely for the same
reason as many are advocating today. If good data can save children's lives, than it needs further exploration, of course. They went on
to say that the implementation difficulties should not be a deterrent and endorsed the noble Lord's recommendations for a feasibility study to explore the
practicality of setting up national database of children. Into this for,
trailblazer pilots were conducted to assess the feasibility of
implementing a children's information index.
Nine local authorities piloted a range of applications and the government's
study of the indexes concluded that
it was operationally and technically feasible. By 2000 and, the children's information sharing index
had been renamed Contact Point with teams to have access to a database by autumn of 2009. In old money, the
estimated cost of Contact Point was £224 million in the estimate
maintenance cost was just under £44 million. Most of this was for local staff to operate, maintain and
ensure the security of Content Point.
Some giving evidence on the
Commons Committee on this bill and arguing strenuously for the SUI were
among those running Contact Point at that point and benefiting from these sizeable contracts. In their defence, they so this is part of a
bigger package and emphasise the need for early intervention in communities and strong relationships and families. The Children's
Coalition said, to really shift, we need further investment in early
intervention and early help across communities. A much greater focus on embedding that consistently and
embedding that consistently and
universally.
They also asked how the single-use identify will be effectively applied? Returning to
the database, which was abolished by the incoming government in 2010, it
was designed to contain names, ages and information about all children
under 18, as well as information about the parents, schools and medical records. Respected organisations like the Joseph Rowntree Reform Trust quantify the
scale and financial cost of data collection, the methods used to
maintain and secure the data and the treatment of critical issues such as consent as part of a wider study.
The research found that children the
most at risk from what they call Britain's database state with three
of the largest databases set up to support failing to achieve the aims.
Police were also using databases to see whether children had been in
contact with safeguarding teams. The Joseph Rowntree report found this was deterring teenagers from
accessing health advice. One of the
case and this was of a single mum who was terrified that social services will take her child away if
she talked to her GP about postnatal
They called the level of the systems
to be assessed and for the right for citizens to access most Public Services anonymously.
More broadly and beyond this report the single
liberties element was a key factor in contact points demise. The then
government never satisfied critics the security arrangements were enough to assuage concerns about the
access of an estimated 400,000 people to children's names, ages,
dresses et cetera. Not only might this information might be misused but there was much discomfort with
the basic intrusiveness of the whole approach. Yet despite all this history there has only been one
mention of contact point in all stages of the bill so far.
When Lord
Farmer asked the Minister of Second Reading what would stop the single- use identifiable coming contact
point mark to smack 's --? There are many questions to be asked to
address Lord Farmer's points. Such
as when might the Secretary of State
introduce legislation is for the new unique identifier? With the Ministers have consulted the Information Commissioner's Office whether they tend to draft to do so
before the draft regulations and lay
them before Parliament. Obviously if this may change is all done through
secondary legislation there will be scant scrutiny of how a single unique identifier would operate.
How
will people in organisations be required to use the information
within their systems? Who will have access to the records associated with the SUI? And under what conditions? What happens if an
erroneous information is entered,
how can we guarantee full state will be wiped? For example a vexatious and unfounded allegation made but one parent by another parent in the
context of an acrimonious family split might be associated with the SUI. And stay on a child's record
indefinitely leading to all sorts of injustices and we have seen in other
areas the misuse of the
Communications Act and eight incidents being improperly recorded and retained for instance.
Academic literature ascribes how legal
administrative abuse which weapon rises official information systems against a person is another form of
domestic abuse. Is this highly sensitive area like it is this
highly sensitive area but what
highly -- what safeguards will there be against this happening? Finally what bounties will there be on extending the use of the identifier? Again one organisation giving
evidence to the Commons committee appointed to its scope being highly like currently limited in the bill
to safeguarding and welfare purposes.
That quote, a wider
emphasis on well-being of children and and positive outcomes is one of the things that could be further
considered here. Again this all sounds very well-intentioned but one of the data protection and privacy
implications of every interaction with children being captured and stored. What are we trying to achieve through data can only really be effectively achieved through good
relationships between professionals and the community and the families
they are helping? Finally it is important to remember that
particularly vulnerable children like newly arriving asylum seekers
will have no number and not be on a database and for them local networks of relationships could be their
saving grace.
I trust the Minister
will address this important issue in her remarks and in the interim I beg
to move amendments 54, 62 and 63 and
support amendment 50.
17:05
Baroness Barran (Conservative)
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Arrives to speak about amendment
59 which was discussed by men
UpFront Baroness Cass and comments
-- my noble friend Baroness cash and comments from my noble friend Lord Farmer. I do think the points my
noble friend just made about some of
the risks with the consistent identifier are important to get right and I think all of this in
this House, nearly all of us in this House support the introduction of the consistent identifier. But some
of the data protection privacy, malicious use points that my noble
friend raised and potentially an
extension in SCAPE all need to be resolved before it can be
implemented safely at scale.
My
thinking behind my probing amendment, my amendment with the noble Lord, Lord Lucas, the probing amendment 59 was again just to ask
the Minister if she can bear it at
this stage of the afternoon, just to run through again for the smallest organisations how do we think this
is going to work in practice? So in
the last groups she set out clearly the guidance, the non-statutory guidance around balancing
considerations and recording information which sounds straightforward when read out like
that.
But as we know are more complicated in real life but now we
are expecting those very small organisations also to input and to
hold data in relation to a
consistent identifier in a way that is secure. One of the points that I
do not think previous speakers
raised was the risk of hacking of
data. We have obviously recently had concerns with the cyber attack on
legal aid database with personal
sensitive information being stolen by the cyber hackers.
And clearly this is not the kind of thing that
needs to happen with children's data. I wonder again what thought
the Minister and her team have given
the Minister and her team have given
to that? Can she also confirm whether use of the single unique identifier has been tested with all
different types of practitioner? I think she mentioned the private in
Wigan, but does that include -- the pilot in Wigan but does that include
the smallest practitioners as well as the largest? What practical implemented Asian lessons can be learnt from that? Turning to amendment 62 in the name of my noble
friend Lord pharma -- Lord Farmer who cannot be in his place today but
very well introduced by my noble friend Lord Jackson, I think this is
a small but very important amendment as many noble Lords have already referred to the terrible death and I remember reading the report many
years ago.
If I remember rightly there were eight different files
that were held on her, and Victoria. Partly because she had lived in two local authorities. But partly
because her name kept being spelt differently. And that was one of the
reasons the risk to harm to her was
missed. So that obviously is an argument in favour of a consistent identifier. Information can still be
inputted incorrectly including numbers. We are having a debate
Sunan dyscalculia. -- A debate soon on this calculus.
It is a very
serious issue and I have not thought of this but I should have done, the
point about malicious information. Being shared and recorded. And how
that could ever be removed. I look forward to the noble lady the
Minister's reply.
17:10
The Earl of Effingham (Conservative)
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My Lords, this has been an interesting and thought-provoking
debate on so many -- on such an important topic. Namely how using a unique identifier in the interests
of safety and safeguarding for our children. Noble Lords have quite rightly raised some crucial questions from the noble Baroness,
the Minister to answer. Particularly relating to privacy and aiming to
clarify His Majesty governments
purpose in this clause. We do hope the noble Baroness the Minister will be able to shed further light on both the specific issues and the
broader ones.
I believe the noble Lord, Lord Lucas is amendment 56 and
noble Lord farmers amendment 63 are
both important as they seek to outline what they should be in the
future regulations. We would be interested to hear the thoughts of
the noble Baroness the Ministers like the noble Baroness the Minister on these if the government would
consider publishing draft regulations during the passage of the bill. Similarly the noble Lord,
Lord farmers amendment 62 highlights the crucial issue of accurate and
secure data collection as well as recording and storage of that data.
I very much appreciate technology
has moved on but many noble Lords
will remember the Child Benefit data laws in 2007. Only last week the
cyber attack and theft of data from the Legal Aid Agency and the current
disruptions that one of our major High Street retailers is facing from
a cyber attack. This is a real and present danger which is only going
to increase. The loose nature of the clause creates veritable and
justifiable concerns in terms of
more specific issues were on -- we are interested to hear the thoughts of the Minister in relation to the noble Lord farmers amendment 54.
Can she please give your Lordships'
House an example of a similar set of identifiers that is of general
application. We also look forward to the Minister's response in relation
to the noble Baroness, Lady Barran is amendment 59. Which would we believe if accepted, allow this
project to move forward on a much lower risk and much more affordable
basis.
17:12
Baroness Smith of Malvern, Minister of State (Education) (Labour)
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My Lords, I rise to speak to the amendments in Group 7. Tabled by the
noble Lords, Lord Pharma and Lord
Lucas and ably introduced by the noble lady, Baroness Cass. As I
think there has been consensus once again on a consistent identifier for
children also referred to as a single unique identifier. It has long been recognised as a powerful
tool to improve information sharing across agencies. It featured prominently in both The Independent
Review of Children's Social Care and
the Children's Commissioner's family review.
With both describing its potential to and I quote, ensure data can be easily, quickly and
accurately linked. The reality is that without a consistent identifier
professionals are forced to rely on a patchwork of variable data, names, dates of birth, addresses, all of
which has been pointed out today can be changed, can be misspelled or be
incomplete. This not only slows down the process but increases the risk of mismatches and missed
opportunities to intervene earlier.
If we are serious about improving multiagency working and safeguarding outcomes then we must be equally
serious about the infrastructure that underpins it.
Consistent identifier is not a silver bullet
but it is a foundational step towards more integrated responsive and effective support for children
and families. Turning to the amendments and I recognise the spirit in which they have been
proposed and I will I think answer
almost all of them, all of the questions and in fact I will be more ambitious than that. I will answer
all of the questions in my response. Turning to amendment 15 -- amendment
50 which provides an opportunity for
a broader and welcome discussion on a consistent identifier, this amendment however seeks to remove the provision for a consistent identifier the children despite it
being a clear manifesto commitment.
I understand why that is the case.
But in response to that probing amendment we have deliberately made provision for the specification of a
consistent identifier through regulations rather than on the face of the bill. This allows us the
necessary flexibility to pilot for example at the moment the use of the
NHS number and to address the wide barriers to effective information
sharing and to assure the noble Lady
Baroness Barran, we do recognise in the piloting the need to ensure this can be implemented for all
organisations including some of the smaller organisations she identified.
We will test this
through the piloting. Let me be clear, we will proceed only when we are confident in the benefits, the
costs, the security and governance
costs, the security and governance
As outlined in my previous response in group 5, we are exploring the
suitability of using the NHS number as the consistent identifier, with a series of tests -- test and learn
pilots. Turning to amendment 54,
which seeks to clarify what is meant by a similar set of identifiers that
is of general application, this wording is not new.
It mirrors the
language used in the health and
language used in the health and
social -- Health and Social Act.. This is about consistency,
familiarity and interoperability, ensuring that the system we built
for children aligns with existing frameworks and supports safe, effective information sharing.
Turning now to amendment 55, which seeks to explicitly rule out the use of any physical identifiers, such as
tattooing or electronic tagging. Can I just say I'm not laughing because
I don't think this is an important point but because it is so far away
from any intention that I can absolutely, categorically reassure
the house that this government has absolutely no intention of introducing a consistent identifier
introducing a consistent identifier
in any physical form such as HR to
-- -- such as a tattoo.
This identifier is to be included in
information processing in relation
to a child. It allows information to be identified and recognised more
clearly across organisations. There is nothing to suggest nor any basis
to infer that it would be physically attached to a child in anyway.
attached to a child in anyway.
Turning to amendment 56, I welcome the intention behind this amendment
to ensure that the governance of a consistent identifier is both important and transparent. Let me be
absolutely clear.
These clauses do
not require, nor do they imply the creation of a central register for
children. There is no intention to establish a national register. And
the noble Lord, Jackson did take us
through of contact -- law Jackson took us through the history of
Contact Point. This consistent
identifier is to enable us to link information. It is not intended to
feed information into a database, the nature of which I can understand
some of the concerns around.
It must
fill -- fully comply with data regulation. Such, this amendment would simply duplicate existing
legal requirements, which are already robust and well established.
I do take the point about what
happens at the age of 18. Of course, as the noble Lady Baroness Cass
identified, if the consistent identifier is the NHS number, then
that would obviously continue into adulthood. Yes, I can assure the
noble Lady that we have thought through the implications of what
would happen if it were not the NHS number as well.
Turning to amendment
56 -- 57, which seeks to guard against the risk of information
being attached to the wrong child when using a consistent identifier, this is a very valid concern. It is
one of the problems that are
consistent identifier is designed to help solve. We heard how in previous
tragic cases, it was exactly the wrong identification or information
not recorded directly which was a problem -- recorded correctly which
was the problem. Names, date of birth, addresses are prone to error,
take time to verify and can lead to mismatches.
This not only delays support but limits the potential for fully integrated services. The
accuracy of information is already a core principle of data protection legislation, and practitioners will be expected to uphold the standard.
Moreover, where there is any uncertainty in matching a child to
their consistent identifier, this is
already addressed under clause 16
LB7 of the bill. I fully recognise the importance of maintaining patient confidentiality. Health
professionals are often eager to share relevant information earlier
to help identify needs and support families.
Many feel uncertain about
doing so unless the situation is extremely serious. Point, I think,
made by Baroness Finlay early on. That's precisely why subsection 8 is
so important. It provides clarity on how these provisions align with the
common law duty of confidentiality. Giving practitioners the confidence
to act lawfully and appropriately.
And in drafting this clause, we have engaged with key health stakeholders, including the General
Ethical Council and the British Medical Association, and we will
continue to work closely with them as we develop statutory guidance.
Practitioners will still be expected
to inform children and families about the information they have
shared in line with the existing best practice. And to support them
in doing so, we will produce clear, practical statutory guidance to ensure clarity, consistency and confidence in implementation.
Turning to amendment 55, which seeks to remove subsection 9, a provision that makes clear that provisions relating to the consistent
identifier do not override data protection legislation. Let me be clear that this is an important
safeguard.
The new duty sets out the circumstances in which the consistent identifier must be included, but does so within the
framework of existing data protection law. That law provides
Principles for how personal data must be processed. Principles that remain fully enforced. This is a standard provision, routinely
included in legislation that introduces new duties or powers to process personal data. Ensures
consistency and legal clarity and it aligns with other measures in this
bill. Turning to amendment 60, which probes the penalties that might be introduced for organisations that
fail to use the consistent
identifier.
Ensuring that the identifier is used effectively is, of course, something that I think there is broad support for in this
House. These provisions already allow the Secretary of State to
mandate the use of the consistent identifier but only once pilots have
demonstrated clear benefit. As with other statutory duties, we will work
closely with the relevant regulating bodies to monitor compliance. This
approach, grounded in evidence, collaboration and phased implementation, is the right one,
and at this stage we don't believe penalties are necessary in order to
promote the use of the consistent identifier.
Turning to amendment 62,
which seeks to require the Secretary of State to establish a strategy for the accurate and secure election of
data obtained under the consistent identifier provisions, can I first responded to the question from the
noble Lord Jackson about whether or not we have engaged with the
Information Commissioner's Office. I can assure noble Lords we are
working closely with the ICO. ICO is clear that data protection does not
get in the way of safeguarding and promoting the welfare of children and young people.
In fact, data
protection law allows practitioners to share information when needed to identify children who need safeguarding or health welfare
needs. Provides a framework that
enables the sharing of information in a fair, proportionate and lawful way. We will continue to engage with the ICO and expect to work closely
with all sectors for the effective
implementation of both the duty and the exercise of the power to specify a consistent identifier and the
agents required -- and the agencies required to use it.
Those subject to
required to use it. Those subject to
these duties are already required to comply with existing data protection
legislation, which does set out clear and robust rules for the secure unlawful processing of personal data. Just to reiterate, it
is not the intention to use the consistent identifier to develop a
database. I hope, therefore, that some of the concerns expressed by
some noble Lords are alleviated by that. Following the piloting phase,
we will issue statutory guidance to provide necessary detail on how these new duties should operate in fact this, including how data should
be handled securely and accurately.
Turning to amendment 63, which seeks
to place timelines on limitation. As I've outlined previously, there are a number of delivery questions that
must be answered through pilots before we can confirm via
regulations identifier to be used and the organisations required to use it. These include technical and legal considerations, such as data
security, monitoring and oversight,
cost and IT system compatibility. It would not be prudent to pre-empt the outcomes of these pilots by placing
a timeline on the face of the legislation first of doing so risks undermining the careful evidence- based approach we are taking.
$$TRANSMIT@$$JOIN, this is a manifesto commitment and we are determined to deliver on it. That's
why we have taken swift action to begin piloting in Wigan local authority and deliver the provisions
in this bill. Turning to amendment 63 A which will enable consequential
amendments to ensure that the consistent identifier is established and recorded at the earliest
appropriate moment. I agree it is important that the consistent identifier is allocated at birth or as soon as possible for children
born overseas.
It is necessary it is
recorded accordingly. As has been made clear in the other case, the
requirement to use the consistent identifier will apply to all children from birth up to the age of 18. The Department, as we've said,
is currently piloting the use of the NHS number as the consistent
identifier. It is considered the most universal option with the widest data coverage and known data
quality. Through these pilots, we are also testing limitations and coverage, particularly for children who may not be captured through
standard NHS registration processes.
Following the pilot, we will of course consider whether any
legislative changes are needed to ensure full coverage of whichever
identifier is ultimately chosen. And
here, I think the noble Lady also talked about children who had come
from overseas. We are, of course,
working through the implications of those children who come from overseas, perhaps as unaccompanied
asylum seeking children where we would certainly expect that at the
point at which they were being cared
for by children social care, the registration of them with the GP in
the case of the NHS number would prompt them to have an NHS number.
There are also issues around
adoptive children who change their NHS number. We are also working
through that carefully. The point on whether or not it would be possible
to produce draft breaks along this.
The reasons I've outlined around both the current piloting and the issues that we are working through
on that, I think it probably would be more appropriate for those
regulations to be based on the
learning that we have from that
piloting and from working through those issues.
Are not going to commit to introducing draft regulations alongside this
legislation, but I hope I have gone
some considerable way to reassuring noble Lords about some of the
details around the implementation and the scope of what is being
proposed here. I hope noble Lords will then feel able to withdraw
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How many wrong NHS numbers other each year and is there a viable and reliable process for sorting that out if it happens? That's not something which I have
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That's not something which I have the answer to. I thought I was doing quite well but no, I haven't got the answer to that one. If it's possible
answer to that one. If it's possible to find it out I will let the noble Lady know.
Lady know.
17:31
Baroness Cash (Conservative)
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Thanked profusely -- I thanked profusely the Minister for the detailed response and I'd also like
detailed response and I'd also like to thank all noble Lords for their contributions to this debate. It's been very helpful probing debate and
an opportunity for expression by so many experts of their concerns in this respect. Very grateful to the
Minister for explaining in such
detail the consideration already given to these matters, particularly by reference to the conversations that have been taking place with medical professionals and with the Information Commmissioner, that is
extremely reassuring to know and we hope that will continue and be
helpful.
It is an unenviable but laudable task that the government
has ahead to implement this, and I'm sure I share the view of many of my
friends in wishing the government
extremely strong success in achieving it for the interests of
all children and safeguarding against all future possible
tragedies. I have nothing further to add the Minister will be grateful to
know, and I beg leave to withdraw
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amendment 50. Is at your Lordships pleasure this amendment is withdrawn?
17:32
Baroness Barran (Conservative)
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Amendment by leave withdrawn. Amendment 51 Baroness Barran.
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I think my remarks on this group have shrunk somewhat thanks to the
have shrunk somewhat thanks to the ministers earlier reply so I think this is really an opportunity for
this is really an opportunity for her to confirm and clarify some of her earlier comments in relation to
her earlier comments in relation to
her earlier comments in relation to the use of the NHS number which is stressed through my amendment 51,
stressed through my amendment 51, and I think shares the aims of
amendment 52 which Baroness Walmsley presented in the name of Lady Tyler
presented in the name of Lady Tyler of Enfield earlier.
The context for considering this group of amendments
considering this group of amendments is the long debate that has run for
many years about whether or not there should be a consistent identifier for children and if so, what that number should be. I know
that this is something Baroness Tyler has actually campaigned on
very actively over many years so I'm
sure she is here with us in spirit. I was very reassured to hear the
Minister say that there wouldn't be
a database and therefore some of the concerns surrounding contact point and other similar projects we don't
have to worry about today.
As your
Lordships house knows the Children's Commissioner and leading children's
charities all support this move and believe that a consistent identifier will enable a child to be identified
with more confidence across the multiplicity of information management systems that we know
exists, and therefore allow information to be shared more efficiently and securely when
consent has been received or a safeguarding decision has been made
to do so. Rightly, the assumption in their statement is that information
can only be shared with consent.
But as we discussed earlier there will
be cases, sorry to be fair or a
safeguarding decision has been made so implying there is no consent, so obviously this will apply in both
cases. My amendment seeks to do two
things. Firstly it would put on the face of the bill that the consistent identifier would be a child's NHS
number. Many commentators on the bill have said it's important to do
this rather than leaving it to regulations, and we do need to be clear that the government isn't
tempted by another major IT
It would allow the Secretary of State by regulations to make provision relating to the consistent
identifier so our intention is to get clarity on the face of the bill
that it is the NHS number, but then give the Secretary of State the flexibility she needs to keep the
approach up-to-date, and I know the Minister has said, I don't want to
put words into her mouth, that it's the government is exploring using the NHS number and I think it looks
like it's the front-runner, that's definitely not the word she used but I wonder whether she could just
elaborate a little to the extent that she feels able whether it is
really the NHS number or whether
there is anything else realistically in contention, and if that pilot therefore wasn't successful, how much time wise and moneywise does
this set us back? Other noble Lords
in earlier groups have mentioned the limitations of the NHS number, of
course children who don't have one
A constructive way through that has
also already been given and also in relation to adopted children, I know there are real concerns that adopted children should have a single NHS number and it shouldn't change.
I
felt like I was a hopeful hint behind her words, maybe she can expand on that. I think there have
been cases where changing numbers and not having that history of a
child's health is actually not in the best interests of the child. It
would be good to hear the noble
Baronesses reflections on the concerns expressed also by my noble friend Lord Jackson about families
that might be driven away from registering with a GP because of
concerns about how their data might be used, thus preventing access to basic healthcare for their children, how real a risk does she believe
that to be? Either way we think
those risks pale in comparison with another new IT project and the number created purely for these
purposes.
If I have understood
correctly that the NHS number is the front-runner, could she expand a
little more on the Wigan pilot, it is -- is it the only pilot the government is intending to run, how long will it run for, will there be others, will they be evaluated,
could you give us any hint on a timeline? I assume there will be no
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Until that work is complete, but with that I beg to move. Amendment proposed, clause 4 page
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Amendment proposed, clause 4 page 7 leave outlines 21 through 27 and insert the words as printed on the marshalled List. I would like to support these amendments in this group and
17:39
Baroness Finlay of Llandaff (Crossbench)
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amendments in this group and strongly congratulate the government
for having picked up the concept of a new identifier, I was part of the
group with Baroness Tyler on previous legislation when we didn't get there and we were told that one of the reasons was that the
Department of education couldn't see
how they could do that link with health facing the Department of education are being involved, is
particularly cheering. I will make a case quite strongly for the NHS number rather than anything else,
partly because I think we need to
learn lessons from other number systems, and if you just look at hospital records, different
hospitals have different numbers and then there is the NHS number, and
that has resulted in models.
In all kinds of clinical models and
potential errors. The other thing is that children move round. People
don't stay in the same area all the time and the NHS number waves with
them and when they moved to a new area, and they register for example with the GP and then they go to register with the school if they
have got one number then if they
have been major concerns, then eventually those case notes will come through and people will become
aware.
Because I am afraid, going back to the experience I had
previously, sometimes we found that the families with the highest risk were the ones with multiple
addresses. And really out-of-town different cities, the other advantage is that we do have devolved healthcare systems but we
have a unique NHS number. Moving between Scotland, Wales, Northern
Ireland and England will allow that
number to persist, that's not having a central database, it is simply
saying that the numbers there, children's names change and the other thing that changes is the
known as.
So they may be known by one name but actually the number
little bit like the genetic make up
is there. Then it is fixed which is really helpful. I think it will also
avoid the problems of lots of
children with the same name which is where mixups happen, and I have to say I am from Wales and we do have a
lot of David Jones's and a lot of David Evans, and quite a few David
Williams as well.
Let alone Sian's and Kerry's. Great names, but if you
are trying to differentiate between them you've got to be really
them you've got to be really
careful. The other final reason I think this is particularly important is over transition and children who
have learning difficulties and neuro divergences because transition is an extremely difficult time for
children, those late teens, hormones are kicking in all over the place, all kinds of things are happening,
the relationships with those people who have been there carers through childhood changes and actually
sometimes they are at particular
risk during those times, particularly during puberty if they
have got learning difficulties.
I really do hope that the pilot with
the NHS will continue and I think when the Minister responds it would
be very helpful to know whether in those pilot areas, I hope it's more
than one, with the evaluation, what kind of numbers are happening so
that it's a sufficiently powered study to be a valid pilot, and where
rejections have come from. So who has been non-compliant with being
engaged? Because I think there may be a bit of education needed, sense
of threat from it, because I think
it will make all the safeguarding easier for people who have responsibility for children.
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I wasn't going to intervene but hearing my noble friend I can't help but recall having to deal with some
17:43
Lord Meston (Crossbench)
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but recall having to deal with some of the children of a man who on enquiry had had 11 different sons by
11 different women, and because he was the sort of man he was he insisted that each of them had his
name.
17:44
Baroness Smith of Malvern, Minister of State (Education) (Labour)
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Speaking as a Smith can I say that those of us with very popular
names recognise the points made both by Baroness Finlay and Lord Meston
although obviously not in quite the
same way. Can I also before starting say to the noble Lady Baroness Neville-Rolfe that there are no
publicly available figures specifically detailing how many incorrect NHS numbers are issued
annually. If they were obviously I would have them I fingertipped. The
personal demographic service is responsible for managing and correcting NHS number issues including duplicates, missed assignments and demographic errors but those numbers are not publicly
available.
In rising to speak to these amendments can I perhaps
start, because the noble Lady
Baroness Tyler isn't with us, to
nevertheless... Agree with Baroness Finlay that she, Baroness Tyler, has had a long record of campaigning for
this as has the noble Baroness. I think there are many people who
expressed support for this but there has clearly been a strong campaign
led by Baroness Tyler and I, we
led by Baroness Tyler and I, we
I also thank Baroness Finlay for realising we have in this case managed to get some cross government work between the DfE and the Department of Health.
I think it
would be wrong for me to say, behalf of the team it is always been easy
and straightforward. Nevertheless, it has been happening and that is
really important. This group of amendments does obviously relate to the specification of the NHS
numbers. The consistent identifier,
putting it on the face of the bill. I do acknowledge that the NHS number is widely regarded as the most obvious and practical choice, for a
consistent identifier, for children. It is universal.
Assigned at birth to almost every child in the UK,
making it one of the most consistently applied identifiers, across the public sector. As other
noble Lords have identified, that does solve some of the problems, with other numbers. It offers high data quality and broad coverage.
Reducing the use of duplication or
error and is already in use across a wide range of healthcare settings.
It supports interoperability, being embedded in systems used by GPs,
hospitals and public health services. This makes it far easier to link data across agencies.
Something which is obviously absolutely vital for effective
safeguarding and early intervention. Broadly robust data protection standards, it is not publicly
visible and its use is timely
controlled, aligning well with the principles of confidentiality and
security, that underpin this legislation. Perhaps at this point I could also respond to a point, I think that was raised, earlier. To provide reassurance, that the use of
the NHS number would have caused not
imply access to any health records, related to that particular number.
That is a really important principle of its use, as a consistent
identifier. Finally, it is likely the most cost-effective choice. By
building on an existing system we
would avoid the complexity and expense of creating a new identifier from scratch. Something that I know will be welcomed by both practitioners and the public purse
and members of your Lordships' House. However, despite these clear
benefits, I do think it is right that we are proceeding with some care. Currently piloting the NHS a number as a consistent identifier.
And it wouldn't be prudent, I think to pre-empt the outcome of that work. We will proceed only when we
are confident that its benefits cost, security and governance. This approach allows us to be certain that the consistent identifier will
achieve the desired outcomes, before mandating its use. But, I was asked about whether or not it was the intention to do lots of other
pilots. I think it would be fair to
say that, without going too far, we are not piloting a whole range of
different options here.
We are piloting the NHS a number, to see
that it works. With all of the
provisos that I have said. And, and, in order to make sure that it
achieves the desired outcomes, before mandating its use. It is also, of course consistent with the
approach taken for the adult identifier in Health and Social Care Act 2012, which provided the
legislative framework for the NHS number to be specified, fire
regulations. I will just take up the
point, made by the noble lady Baroness Barran about adoptive children.
I think actually there are conflicting views about whether or not adoptive children should or
should not have eight new NHS number, at the point at which they
become adopted. Obviously there are
those that are concerned about the continuity of medical information, for that child. There are also those that are concerned about whether or
not, for a child making a new start with a new family, it would enable birth parents to identify them. I
think there are, all I say about it is that there are conflicting views about whether or not there should be
about whether or not there should be
a consistent NHS number there.
That isn't to say that there aren't ways around that that are being worked through. And it isn't to say that
the NHS number isn't, for all of the reasons I've suggested a very strong
contender. I think the noble Lady asked me, but I think the approach that has been taken in piloting is an appropriate way to do it. Just to
reiterate, a point made earlier, it isn't necessary for everything to be
determined, before the, if it were to be the NHS number. That could
start to be used.
We can have an incremental introduction of the NHS number. We do not need to wait until
everything is sorted. I hope with those reassurances, noble Lords will feel able to withdraw their
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amendments. Before the noble Lady sits down.
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Before the noble Lady sits down. I come as she was speaking, I was
I come as she was speaking, I was thinking that child health has been campaigning for a very long time. I
campaigning for a very long time. I hope she will be able to confirm that they would involve them in any discussions, any difficulties and
discussions, any difficulties and doubts. I think they are going to be
17:51
Baroness Barran (Conservative)
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doubts. I think they are going to be very helpful. Of course they are the group of those who end up seeing some of the most severely damaged
I am pretty certain that officials will have already consulted with
them. I am sure that if they haven't, I will give an undertaking
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that they will. Again, I would like to thank the noble Baroness the Minister for her
noble Baroness the Minister for her reply. I am not sure I had exactly whether there was going to be more than one pilot, but quite what the pilot was. At this time in the
pilot was. At this time in the evening I'm not going to press
evening I'm not going to press forward on that. Just to update the House when she is able to say more. I would also like to thank Baroness
I would also like to thank Baroness Finlay for her intervention.
It is
Finlay for her intervention. It is just the reminder of we are so fortunate to be surrounded by such experts and such patients and
experts and such patients and
experts and such patients and persistent ones. In a good way. So, with that, I beg leave to withdraw my amendment.
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And them and by leave withdrawn. And them at 52 and 53, Baroness
Tyler? Not moved. Baroness, 54? Lord Farmer, not moved. Amendments are 55
to 60? Lord Lucas, not moved. We now
come to amendment 61, Lord Hamilton?
-- Lord Hamilton.
17:53
Lord Hampton (Crossbench)
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I rise to speak to amendment 61 and putting on record my thanks to
Lord Anderson. For not only the help of this amendment, but also her
creative briefings from the children's charity sector. A group of interested peers. As we have
talked about, the SUI a lot. We know information sharing is urgently
needed. We do not need any more
serious case reviews to tell us so. We know that when a child is interacting with many different services at is important the
services communicate with each other.
Particularly disabled
children, in support of health services, as well as a special education provision, in the school,
which my noble friend, Lady Finlay
talked about. A single unique identify can mean a better joined up assessment, a child's needs. A
better understanding of the impact, a child's progress and development.
This should not be considered for individual children, but children as
a population group. A more holistic view of children's needs, across the
local area. We need to better commissioning, more holistic view of
children's outcomes.
To ensure we can evaluate what interventions work
best. Yet, currently the legislation explicitly excludes research.
From the mandated purposes of the
SUI. Using an SUI across anonymized, linked datasets, could have a transformative effect on identifying risks, across cohorts of children stop conducting research about
stop conducting research about
This would not add any considerable risk to the children, as the legislation does not change or weaken any existing data protection. Stating explicitly that the duty to share information does not authorise, or require disclosing
information if the disclosure would contravene the data protection
legislation.
the government's intention for the
SUI, appears solely focused on direct service provision. However neighbouring local commissioners and researchers, to use anonymized linked datasets can transform our
understanding of the impact of particular interventions, across
traditional service boundaries. Information is the new gold. We have
already seen how relevant rich data can be used to inform policy in
education and health. So why not take advantage of this new source of
information, now. Could I also just get the Minister, in her answer to,
there seems to be a lot of saying they were not going to be databases,
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if she could define what she means. Clause 4, page 8, leave out the lines 31 to 34.
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lines 31 to 34. I very much welcome the NHS number, so we can get on with datasharing. When I spoke in an
datasharing. When I spoke in an earlier group, I explained the point
17:56
Baroness Neville-Rolfe (Conservative)
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earlier group, I explained the point of feedback, in a successful organisation and the noble Lord, Lord Hamptons amendment is about
using single data system's to inform
research and commissioning. I think
he has a point. The precedents of government supported HDR UK, which I
spoke about is highly relevant. To find a way to anonymized such data on a consistent basis, for research purposes. And indeed the Minister
might find HDR UK a useful collaborator in speeding up the excellent work and avoiding Big
excellent work and avoiding Big
Brother fares.
We have heard that a single unique identify won't be used to create a child database. I was
therefore interested in how the
government can gather aggregated data. For example, by NHS trust, or social service area. Education Authority, family, medical
condition. Examination of such data
can reduce mistakes, cost, target resources, efficiency, all the
things that I tend to talk about. And make social services and the
police more effective. So I would appreciate an answer on how this can be done, if we are rolling out a
database.
By letter, if need be.
Obviously going beyond the scope of
the question. I am grateful for the information that has been given
today, it has been very reassuring.
17:58
Lord Jackson of Peterborough (Conservative)
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Very briefly arise to support the noble Lord Hamptons amendment. Very briefly, if we are spending
significant amounts of money on collecting this data and building a database, we do have some of the best research facilities in the
world. It would be sensible if we're looking at longitudinal studies to
utilise that data. The second point,
maybe I'm missing something. It does seem to be that subsection 5 in subsection 14 are variance, they are
at variance with each other.
They are quite loosely drafted, in terms
of page 7. The new 161 B. I wonder
if the Minister might comment on that. The great thing about the noble Lords amendment is it has
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pointed out this seems to be a discrepancy between the two subclauses. If I might briefly speak in
17:59
Baroness Finlay of Llandaff (Crossbench)
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If I might briefly speak in support of these amendments. And of
support of these amendments. And of research. We do not need to have a national database est, in order to do the research. Because, first of
all, research has to go through research ethics committees. That is
carefully scrutinised. Actually, you could take a representative sample
of areas. And use anonymized and
properly anonymized data. We can do that now. We can anonymized, rather than the old-fashioned pseudo- anonymized ocean, which wasn't
helpful.
In all of these areas, I am
afraid I think we lack the evidence that we need, to make sure that all
of our services are best targeted to stop and when we are looking at very
vulnerable children, then we really
do need to know what are the flags that we are currently using, yellow flags, but should we have red flags.
Which are the items which actually don't show a correlation, but there
has been urban myth that they do
correlate.
So that the index of suspicion is appropriately targeted. And if I can pick up on the point
made by my noble friend around criteria. It will only be through good research that we will get the good criteria to determine the point
at which the trigger and alert,
going through, that a child is at risk and that that happens earlier.
It may well be that we are missing some really important pointers, at
the moment, just because they are not in people's current
consciousness.
And there is a real danger in reacting just to what I
had called urban myths. had called urban myths.
18:01
Baroness Barran (Conservative)
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My Lords, on these benches we are very supportive of the noble Lord,
Lord Hunt and his amendment 61. Of course there is a detail to be worked out, although I think we have
already heard some encouraging ways about how to use this anonymous data
in practice. Clearly if it could be
aggregated, or anonymized, in whatever cart, so to speak, it would
help us interrogate it and get some answers, to some of the systemic issues that exist in a child
safeguarding and welfare.
We are in interested in both parts of the
amendment, including commissioning.
Having a better understanding of the patterns of safeguarding issues, which children are most likely to be
affected are what works. Would be invaluable for practitioners and
policymakers, alike. As a noble friend, Baroness Neville-Rolfe said, actually understanding what doesn't
work and whether glitches are in the system is equally valuable. And the
more transparency we can have on these issues the better, I think, commissioning of services would be.
It did make me think back to my
noble friend, Baron Spielman's amendment, 69, I think. On open data
standards. I know the noble Baroness said work was going on, in that
regard. Although, and if that were
successful, that could be shared, for some of the same purposes, as
the noble Lord, Lord Hamptons amendment. I wonder if that is not
another way through this. If the government is unable to accept the
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Having listened to the amendment it is a very sensible one providing the data can be kept safe. That is
18:03
Lord Addington (Liberal Democrat)
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the data can be kept safe. That is
the caveat. If the Minister when she of replies can address that point I think it would inform the House as
to where we can go with this.
18:04
Baroness Smith of Malvern, Minister of State (Education) (Labour)
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I hope I can provide some reassurance to noble Lords about
this in my response. Amendment 61
does seek to ensure that the consistent identify could be used
for research purposes I do understand the concern raised by Lord Hampton and commend him for his
persistence in sitting this long in order to raise his amendment. The
concern that this may appear to limit the use of the consistent identifier for research which many stakeholders have rightly highlighted and many noble Lords this afternoon have highlighted as a
potential benefit.
Just to be clear, these measures make provision for
the Secretary of State to specify which agencies must use the
consistent identifier and in what circumstances. Importantly this does not prevent consistent identifier
from being used for research purposes, provided that any such use is authorised in accordance with data protection and other relevant
legislation. We recognise the role
of data in improving outcomes for build like babies, children and
young people. As I say, this legislation is about when the
consistent identifier must be used rather than when it can be used.
As regulations will mandate the number and the organisations required to use it. The consistent identifier
could be used for research purposes if authorised to do so in accordance with UK GDPR and the data protection
act. We are aware of concerns around
this and officials are discussing this with key organisations. I hope
that provides some assurance about the possibility of being able to use
the consistent identifier. We have
in this legislation deliberately prioritised use of the consistent identifier to facilitate the exercise of safeguarding and welfare
functions directly.
That's the basis
on which we are testing its implementation and benefits through our pilot program. If additional
benefits such as those for research are realised we will be in a strong position to explore how this could be facilitated. For the reasons I
have outlined and I hope the reassurance I have provided I hope the noble Lord will feel able to
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withdraw his amendment having I hope achieved his objective. I would like to thank everybody
18:06
Lord Hampton (Crossbench)
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I would like to thank everybody who took part in that and say how optimistic I am about the Minister's
optimistic I am about the Minister's
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answer. With that I beg to withdraw. Is at your Lordships pleasure that the eminent be withdrawn? Amendment by leave withdrawn. I'm
Amendment by leave withdrawn. I'm and 62 and 63 Lord Farmer not moved en bloc. Lord Lucas 63 a not moved.
en bloc. Lord Lucas 63 a not moved. Baroness Fraser 64 not moved. The
Baroness Fraser 64 not moved. The question is that clause 4 stand part of the bill. As many are of that opinion say, "Content", and of the contrary, "Not content".
The
18:07
Baroness McIntosh of Pickering (Conservative)
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contrary, "Not content". The "Contents" have it. After clause 4 amendment 65, Baroness McIntosh of
Pickering.
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Realise I'm coming between the recess at this stage so I baked the
houses leave to move and speak to amendment 65. I would like to
amendment 65. I would like to declare my interest as patron of the National Association child contact centres and celebrate all the work
centres and celebrate all the work that they do. Amendment 65 is intended to be a probing amendment and I would like to thank very
and I would like to thank very warmly for their support Baroness Finlay, Baroness Burt of Solihull
Finlay, Baroness Burt of Solihull and Lord Meston for kindly
and Lord Meston for kindly supporting the purposes and contents of this amendment.
I believe that we
of this amendment. I believe that we benefit greatly from having a good
benefit greatly from having a good number and variety of facilities for
child contact centres, a place where in the event of broken relationship, a breakdown in a relationship or marriage, that the absent parent or
carer can spend time with their children in a safe and comfortable
environment. There is a particular
issue that we try to address in a previous bill which I will come unto
in a moment, but to have effective safeguarding of adults and children,
particularly from the risk of
domestic or harm.
We benefit greatly from the network of child contact centres but they are patchy and I
pay particular attention that, especially in the North of England
where people have to travel further and that increases the costs of parents and carers in reaching the
contact centre in that case. They do provide a crucial role these contact
centres, they enable thousands of parents and carers to have contact with their children safely and
approximately 20,000 children are visited in this way each year. There
facilities are offered both in private law proceedings and by local
authorities during public law proceedings.
The amendment before us
this afternoon amendment 65 a space very much on a report drafted from research into child contact centres
in England by core despite and
written in June 2023 as commissioned by the Ministry of Justice. This was
required under section 83 one of the Domestic Abuse Act 2021. I would
like to pay Folsom tribute to
Baroness Finlay for moving the amendment so eloquently and vigorously, she did that time. Putting forward during the passage
of that act to the House of Lords at
that time.
While the amendment was not agreed to by the government at
that time, the government did commit to building the evidence-based and the robustness of current
safeguarding policies and practices
across contact centres. This amendment reflects that and is based on the results of that research and the recommendations contained in
that report. The amendment
recognises the fact that there is a high prevalence of referrals to contact centres with a history of
domestic. And that the research, reflected in the report that there
is at least one referral with a history of Domestic Abuse Act in the last 12 months preceding the
publication of that report in June
2023.
I believe that justifies the need for training and management of particularly sensitive nature as set
out in the amendment. I hope that the amendment speaks for itself, I
won't go through each in turn given the lateness of the hour, but I was delighted to attend the briefing
hosted by the Minister and led by the Secretary of State for Education which I think shows the commitment and the interest of the government
in this bill and that was appreciated. The Secretary of State and indeed the Minister showed a real interest in this matter and I
hope therefore the Minister will see fit to adopt and accept the
provisions as set out in amendment
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65. They are needed that she agree to them, and I beg to me. Amendment proposed after clause points at the new clause is printed on the marshalled List.
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on the marshalled List. I support these very useful
18:12
The Earl of Dundee (Conservative)
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I support these very useful proposals in showing my noble friend outlined, the child contact centres
outlined, the child contact centres are adequately funded and their staff are volunteers, properly trained to guard against domestic abuse. However I would add perhaps a
further recommendation also made within the final report of the
Ministry of Justice on research into safeguarding processes and child
contact centres in England. This urges a greater exchange of learning and good practices in order to
improve consistency across contact centre proceedings policies for
child contact centres themselves can benefit from learning networks both
across and beyond their region or local authority by comparing notes on what is necessary and on what
works best.
Such including not only the prescriptions of the supposed
amendment, yet also the apathy of certain other expedients, whether spread of knowledge of their
collective -- collective efficacy serves to raise standards both here
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and abroad. I'm grateful to Baroness McIntosh
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I'm grateful to Baroness McIntosh of Pickering for her generous words, these centres are actually really
18:13
Baroness Finlay of Llandaff (Crossbench)
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these centres are actually really important for children who have come from extremely disturbed backgrounds. One of the things they
do need to be able to do is to have contact with the parent with whom it
is not safe for them to be in their
own custody in another area. But as they grow up they don't have that contact they can end up feeling
contact they can end up feeling
resentful towards the state, that the state separated them from the parent rather than understanding what has happened.
I won't go into
various cases and stories but there
certainly are quite a lot to illustrate that. I think the reason
that this amendment is important is because we know that there is a lack of basic safeguarding training in
some contact centres stop in others it's an extremely high standard. There is variability there for a
practice to pick up and escalate concerns, and the challenges faced by the court in identifying safe and
affordable contact arrangements and
it has already been alluded to, hard power reported 2020 highlighted that child contact centres have a role.
I
could speak for a long time about them but I won't, I hope that the
amendment does actually speak for itself and that we might be able to have some conversations beyond Committee stage and before report
stage about whether there is some
way that the government would like to incorporate the principles behind this amendment in the legislation,
accepting that they may lock not like the wording as it is on the page at the moment.
18:15
Lord Meston (Crossbench)
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I would like the government to incorporate the wording of this amendment into the legislation, it
seems to me admirable and asked by Baroness Butler-Sloss to indicate
her support for it as well. A credited -- accredited child contact
centres are safe, neutral places providing for both supported contact unsupervised contact arrangements,
that is an important distinction. They allow children in separated
families to see and enjoy contact with the non-resident parent and
I support this amendment because it recognises and underpins the work done by the National Association of
child contact centres.
The latest protocol, issued by the President of
the family division urges courts to
ensure that they refer families, only to accredited centres. Accredited centres need agreed national standards. For
safeguarding, data protection and volunteer and staff checks and
training. There is, at present still no legal requirement, any centres to
have accreditation and therefore no minimum standards, for unaccredited
centres. Even for DBS check. This amendment would rectify that. It is the experience of myself and other
family judges and magistrates and
officers, good centres are vital to the work done to normalise family
arrangements.
Wherever possible. The courts now understand when and how
best to use the centres, recognising that they are not necessarily the
solution to the most intractable cases and also recognising, as the
President has pointed out, a contact centre is to be seen as a temporary
arrangement. Stepping stone, to be used for about 3 to 6 months, to include some exit plan, to remove
contact away from the centre, when
the situation has settled down. The
protocol, importantly requires the centre to be provided with court orders and reports, so that they understand what and who they are
getting.
Which may include a mother worried that the contact may not be
safe enough. Even in a centre. And a father, resentful of the use of a centre which he feels to be unnecessary and rather demeaning.
There is also sometimes a problem about meeting the fees charged by
the centres, would vary and also travel costs, when they are too far
away from one or other parties. In my experience it is gratifying when
it works. The parents trust is rebuilt and the children's
confidence is increased and the
My understanding is that there are in fact only a few unaccredited
centres.
If that is correct, it is a sign of the success of the accredited centres and the support
they have had from centres are not the answer to all cases a more informal arrangements using suitable family members or friends may not
always be safe and the expertise of accredited centres should be
recognised and supported.
18:19
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Incredibly, my noble friend has
supported this and I am certain she is right, I hope the government will
give her a positive answer.
18:19
The Earl of Effingham (Conservative)
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I rise to speak to amendment 65 in this group in the name of Lady
McIntosh. It has been a valuable discussion, please let me thank all
noble Lords of further insightful and knowledgeable contributions.
Child contact centres do indeed play an integral role in allowing parents
to see their child in a safe environment for both parties involved. It allows parents not only
to see their children, which is precious, but can also act as a service to reconnect, following a
significant time with no contact.
Wherever safe, possible, parents
should be able to see their children and child contact centres allow this
to happen. Amendment 6560 introduced
regulations onto child contact centres, to ensure that they are accredited, with regards to save Harding and prevention of domestic
abuse. Child contact centres appear
to be mostly under the umbrella organisation of the National Association of child contact
centres. This is a charitable organisation, but whilst these
regulations do appear sensible, we would be concerned about the ongoing cost of implementation and
cost of implementation and
structure.
It will require inspections to take place, which would be a further financial burden and require additional staff to ensure compliance with the
standards. We know that charities are already under pressure from increased National Insurance
contributions. We do respect, of
course the views of the noble Baroness, Lady McIntosh. The noble
Baroness, Lady Finlay, Lady Bert and
noble Lord Lord West. These should operate as a safe and enjoyable
place for children to play. We do believe that this amendment has the potential to act as a regular true
burden on those very charities who
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are providing the service. Just before the noble Lord sits
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Just before the noble Lord sits down. Can I slightly question his assumption that introspection would
be required, at the level he has outlined. Very often you have the
outlined. Very often you have the very caring parents, who was extremely worried about the welfare
extremely worried about the welfare of their child, or children who was then having contact with another parent about who the House been a
parent about who the House been a great deal of concern. If that's a
great deal of concern.
If that's a very caring parent finds that the contact centre to which they have been referred has not had mandatory
been referred has not had mandatory training and I would expect the Minister to look up, on the
Minister to look up, on the internet, details, from a website about the contact centre itself.
They are to raise a complaint early and then actually to wait until
there is a formal inspection, may be
too late. The problem is if you do not require training and set some
standards, it becomes extremely difficult for a court, determining what is to happen to a child to be
able to say in depth and no weather
actually their recommendation and their judgement is going to be in the best interest of the child.
I
would respectfully, slightly
challenge him, over that and suggest that other people, such as
grandparents and aunts and uncles, who are very concerned to about what would have been a tragic situation,
in their family, would be very likely to check out whatever the
contact centre is and would want to know the standards that should be there, because they can see whether
they are happening or not. And a little bit about the Care Quality Commission are doing a spot checks
on hospitals.
That's how they get the data. It is not through the
formal inspection. Identification of problems could emerge, if this is
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written on the face of the bill. I thank the noble Baroness for
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I thank the noble Baroness for her intervention and contribution. I think it was very interesting to
hear, when Lord Meston said that a lot, if not all of the contact centres are accredited. According to
centres are accredited. According to the NECC website, DBS checking,
the NECC website, DBS checking, provision in place. I take on board what the Baroness is saying and that is why we are having this discussion
is why we are having this discussion to get everybody's is viewed and
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come to an agreement. I understand accreditation
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I understand accreditation depends on the centre having been approved by the national association. Accreditation at last,
I think for three years.
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Just for point of clarification, just to confirm to my noble friend,
just to confirm to my noble friend, what we are asking for, what we asked for in the earlier amendment
asked for in the earlier amendment is to have a proper training and management that in those cases, perhaps only one year, but
perhaps only one year, but sufficiently important of the domestic abuse position, presenting
domestic abuse position, presenting to a child in the centre. The volunteers will be properly trained
volunteers will be properly trained and be able to manage the situation.
It is not a case of inspection and increasing fees. It is giving them
increasing fees. It is giving them the confidence they know how to deal
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with that situation. I thank my noble friend, Lady McIntosh to her intervention and I
McIntosh to her intervention and I very much look forward to discussing further.
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I think that noble Lady, Baroness
18:25
Baroness Smith of Malvern, Minister of State (Education) (Labour)
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McIntosh is last intervention was actually very interesting and useful
for helping us through this amendment. Because I think there is
absolute agreement about the need for contact centres. Given the very important work that all noble Lords
have recognised that they had done a stop to also be able to safeguard,
in the sorts of circumstances that the noble Lady outlined. The question, therefore, is whether or
not that is most appropriately done, through the provisions in this amendment, which would require all
child contact centres to be a nationally accredited and regulated,
in fact, by the Secretary of State.
And for all staff to understand specific training in relation to
safeguarding and abuse. If I could,
I hope, provides reassurance.
Perhaps also outline why I do not think it is necessary in this particular case, for the Secretary
of State to be undertaking the regulation and accreditation, in a way in which the amendment, even if
not the way in which it has been introduced suggests. We do recognise the importance of child contact
centres, in enabling children to
spend time and non-resident parent in a safe environment.
We also recognise the enormously important
work of the National Association of
child contact centres. Which accredits centres, across England and Wales, ensures high standards amongst its members, via its
national standards. Which cover point such as risk assessments, safeguarding and hearing the voices of children. It is and I think the
noble Lord, Lord Meston identified It is the case that the research commissioned by the Ministry of Justice and completed in 2023, into safeguarding processes in centres actually identified, very limited
evidence of unaccredited centres.
In other words, most centres are accredited by the National Association of child contact
centres. And, I think, here, we come
to the crux of whether or not there
are ways of ensuring that children can be safeguarded, in those
circumstances. Since the review, in a 2023, which someone noble Lords
have referenced into and the report into child contact centres. The
Ministry of Justice has worked with the National Association of child contact centres to consider where
action can be taken.
And, the national association has now introduced a mandatory coercive control training course, for its
members. The organisation has also reviewed and updated its national standards, to take account of the
findings of the report and to also revise materials, such as this risk
assessment, template. Additionally, the Ministry of Justice has est a
child contact centre forum, with representatives from across the family justice system, to discuss the issues facing the sector and its
role within the system. In addition,
as we have heard, in private law
cases.
Judicial critical guidance the President of the family division
encourage judges and magistrates to refer families to NECC accredited centres only. This therefore limits the extent to which unaccredited
centres are used. I think we have a
situation here where we are becoming increasingly confident the NECC see accreditations give us the protections that people rightly want
to, rightly want to see and also a situation where there are actually
very few unaccredited centres. This amendment, however, would of course
be, there would never be any
unaccredited centres.
It is worth saying that there are limited circumstances in which unaccredited
centres might be used. For example, this could include unaccredited centres for specific and short-term purposes, because of the individual circumstances of the case. An
example of this could be when a child has a foster care placement, some distance away, from their
nearest accredited contact centre, rather than requiring a child to
travel significant distance, to undertake contact. The local authority might assess it to be in their child's best interest, to remain at a location closer to their
home.
In doing that, when
considering child contact, with parents and children. The local authority must ensure consistency, with safeguarding and promoting
their child's welfare. Even where the provision, in that case, was made, via an uncredited centre. The local authority would remain responsible for ensuring the
services, the delivery and commission are a good quality. That
is carried out through commissioning contracting and processes I would of
course also ensure that the way that the centre was operating fulfilled the requirements for safeguarding,
but noble Lords obviously concerned Our view therefore is that national
accreditation by the Secretary of State is therefore unnecessary.
Children are already Safe through
the NAC cc: national standards and where these don't apply through the legal duties placed on local
authorities for children in their care. I do recognise that the point
being made about how to improve the amount of funding as well being
amount of funding as well being
provided to child contact centres, the government is committed to supporting this sector. The Ministry
of Justice provides £450,000 annually to assist the activities of supported child contact that -- centres was the Ministry of Justice
also provides funds directly to support the vital work carried out in the sector particularly as we have heard, the accreditation that
is so important for ensuring the standards are maintained.
Officials in the Ministry of Justice continue to work closely with them on its
funding needs. Whilst we can't make
commitments about future funding
before the Spending Review or departmental allocations within the Ministry of Justice have been concluded, there has been as we can
see a record of supporting this
work. Given these assurances, I think a common view that it what is
really important here is that the accreditation or the local or
oversight ensures now that in cases
of potential Domestic Abuse Act coercion there is the necessary
standards in place.
-- Domestic abuse will top I hope Baroness
McIntosh will be able to withdraw this amendment.
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I'm grateful to all those who have spoken, the Earl of Dundee,
have spoken, the Earl of Dundee, Baroness Finlay, Lord Meston and also support from Baroness Butler-
18:33
Baroness McIntosh of Pickering (Conservative)
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also support from Baroness Butler- Sloss in her absence. Can I just say that Baroness Finlay put her finger
on it, it's not so much the accreditation which I am very aware
of the protocol which I think is a great step forward, what I would like the bill to do is to reflect
where we are in that protocol. I think it would be extremely helpful
to have a very short meeting between the authors of the amendment and the
noble Lady, because it's not so much accreditation is the fact her
predecessor, Lord Wilson felt the evidence was not available at the
time of domestic abuse dealt.
The beauty of the core despite report is
we now have the evidence of the cases involving coercion and other forms of domestic abuse and we don't
think necessarily that that is being sufficiently catered for by all the
contact centres. We want them all to
work to do the same standards whether they are private facility or public facility, and I think it is that I would like to have the opportunity to take forward with the
noble Lady. As Baroness Finlay indicated perhaps the wording I've
come up with might not be the most sophisticated so would be a
wonderful opportunity to have that on the face of the bell.
For the
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moment I beg leave to withdraw the amendment at this stage. Is at your Lordships pleasure that the amendment is withdrawn? Amendment by leave withdrawn.
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Amendment by leave withdrawn. I beg to move at the House be resumed. The question is that the House be resumed. As many are of that opinion say, "Content", and of the contrary, "Not content". The "Contents" have
"Not content". The "Contents" have
"Not content". The "Contents" have I beg to move that the House do now adjourn.
This debate has concluded