Children’s Wellbeing and Schools Bill
Baroness Benjamin Excerpts(3 weeks, 3 days ago)
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Baroness Lister of Burtersett (Lab)
My Lords, I shall speak also to Amendment 152. I thank the right reverend Prelate the Bishop of Manchester, who regrets that he cannot be here—perhaps an absent friend, taking what was said earlier—and the noble Baroness, Lady Benjamin, for supporting that amendment.
Amendment 152 would remove the exclusion of immigration, asylum and nationality functions from the new corporate parenting duty. There is strong support throughout the children’s sector for the new corporate parenting duty, but there is also widespread dismay that it explicitly excludes immigration, asylum and nationality matters. This exclusion was raised with the Children’s Minister by the Education Select Committee in the Commons. In a subsequent letter, she explained that
“immigration functions are exempt because the Home Office is already subject to existing statutory duties to safeguard children through Section 55 of the Borders, Citizenship and Immigration Act”.
Not being a lawyer, I sought advice from the Immigration Law Practitioners Association, and I am very grateful for its response. ILPA was clear that Section 55 does not justify the exclusion, as argued by Minister Daby. The Section 55 duty is to have regard to the need to safeguard and promote the welfare of all children; this is different from the set of duties in Clause 21(1), which is specific to looked-after children. ILPA advises that the new duties are neither in conflict with nor identical to the existing Section 55 duties.
The Refugee and Migrant Children's Consortium, to which I am also grateful for its help, likewise argues that the new duties are fully complementary to and compatible with Section 55. They are, moreover, very modest, as they apply only so far as compliance with the duties is
“consistent with the proper exercise of a Department's functions”
and is “reasonably practicable”. Nevertheless, they are important. Given that this explanation does not really hold water, can my noble friend the Minister explain exactly which elements of Clause 21 are incompatible with immigration, asylum and nationality functions?
There is an important point of principle at stake here: the principle of universality. As the RMCC points out, children’s social care principles and children’s legislation have hitherto been universal. A carve-out such as this in a landmark piece of children’s legislation sets a dangerous precedent by setting up a two-tier care system that potentially undermines the safeguarding of some babies and children. Barnardo’s has expressed disappointment that a Labour Government should be the first to single out a group of children in this way. The principle of universality is fundamental to respecting children’s rights.
The RMCC has warned that, unamended, this clause would be the first piece of primary legislation relating to children since at least our ratification of the UN Convention on the Rights of the Child to distinguish children subject to immigration control or nationality considerations as somehow different from other children. It also points out that this undermines the cross-government mission-led approach by creating a carve-out for certain functions. It is at odds with the commitment in the opportunity mission to ensure every child has the best start in life. This has serious implications for the well-being of children affected by the carve-out.
Catch22’s National Leaving Care Benchmarking Forum, which is made up of 131 local authority leaving care teams, points out that one in three young people turning 18 and leaving care last year was an unaccompanied asylum-seeker. Catch22 points to the impact that delays in the processing of immigration claims for unaccompanied children has on their mental and physical health and relationships. These children are particularly vulnerable when leaving care.
Become argues that the inclusion of immigration et cetera matters in the corporate parenting duty should
“act as a catalyst to ensure greater collaboration between the Home Office and local authorities”
and help achieve “more trauma-informed practice” in relation to a group who are highly likely to have experienced trauma before their arrival in the UK. Local authorities rely on partner organisations and government departments—the Home Office in particular—for certain functions and support. The removal of Clause 22 would
“help ensure that all children in care facing uncertainty over their immigration or asylum status receive appropriate safeguarding and protection”,
and the same applies to those entitled to register their British nationality.
The need for this was underlined by a newly published study of unaccompanied asylum-seeking children and young people by the LSE and the University of Bedfordshire commissioned by London Councils. It highlighted a separation between practices of care and the practicalities of asylum support, even when the children had a positive relationship with their social worker. Those who did not receive social work support through the asylum process said it amplified their sense of being alone, while others who benefited from corporate parenting felt held and understood. Among the report’s recommendations is much greater involvement of social workers as corporate parents in the asylum-seeking process.
Not only does Clause 22 exclude migrant children, but in its reference to nationality functions it would appear to exclude children who are entitled to British citizenship but have to claim it, as mentioned earlier by the noble Lord, Lord Storey. Can my noble friend explain why children and young people who have lived in the UK in care for most, if not all, of their lives and who are entitled to British citizenship should be covered by this exclusion, if that is indeed the case?
This group is the subject of Amendment 147, a probing amendment, which would require an authority discharging its corporate parenting responsibilities under Clause 21 to consider the right to British citizenship of looked-after children and young people and how to ensure that right is secured.
I am grateful to the Project for the Registration of Children as British Citizens, PRCBC, of which I am a patron, and Amnesty International for their support on this matter. PRCBC provides legal assistance and representation to many children and young people to overcome formidable barriers to claiming their nationality rights. We are talking about children who may have been born in this country, who certainly have lived most of their lives here, but who have to register their right to citizenship with the Home Office under the British Nationality Act 1981. Awareness of this law remains low, including among social workers. The point of this amendment is in part simply to draw attention to the profound importance of the right to British citizenship for the identity, sense of belonging and confidence—in other words, well-being—of this group of children and young people.
PRCBC has witnessed young people devastated when they discover they are not automatically British citizens but have to register their entitlement, and some have even experienced mental breakdown as a result. In order to avoid this happening, the amendment also points to the practical need for action to improve the understanding and capacities of local authorities to ensure that this group of children and young people in their care claim their entitlement. Too many children enter care without the necessary action being taken so that nobody can now identify or obtain the evidence needed to prove that the child is a British citizen entitled to be registered as such.
The vulnerable persons team within the nationalities section of the Home Office, established under the last Government, supports local authorities to take formal steps to secure the citizenship rights of children in their care, and this is very welcome. However, as PRCBC continues to experience, too little is done too late by too many local authorities. They need to understand from the start the importance of British citizenship to the children in their care and act to ensure that vital evidence is identified and secured while it can be.
These two amendments underline the importance of the actions of local authorities and other bodies for the well-being of all children for whom they have corporate parental responsibility, regardless of immigration or nationality status.
In conclusion, returning to Amendment 152, while Clause 22 carves out a function rather than a group of children as such, the effect is to exclude a particularly vulnerable group of children and young people whose well-being is heavily dependent on immigration, asylum, and nationality functions. What this amendment comes down to is that we must put all children and their best interests first. I am sure the Government believe in this principle; therefore, I hope and trust that they will acknowledge that the effect of exclusion of any group of children from the corporate parenting duty because they are affected by immigration, asylum or nationality functions, offends this principle and will thus accept the amendment. I beg to move.
Baroness Benjamin (LD)
My Lords, I support Amendment 152 from the noble Baroness, Lady Lister, to which I have put my name. I declare an interest as vice-president of the children’s charity, Barnardo’s.
Currently, nearly one in 10 children in care is an unaccompanied asylum seeker. While their immigration status remains uncertain they face significant disadvantages in accessing services. It is good that the Government recognise that extending corporate parenting duties to a range of public bodies has the potential to improve the agency support of children in and leaving care, yet they also decided specifically to exempt decisions relating to immigration, nationality and asylum. Barnardo’s believes that children who have fled persecution and arrive in this country seeking sanctuary must be seen as children first. They are victims who are not in control of their destiny. Amendment 152 from the noble Baroness, Lady Lister, would end that exemption. I very much support it; I hope that the Government will too, and will show consideration and compassion to these sometimes traumatised children.
Lord Lucas (Con)
My Lords, Amendment 154 effectively asks the question, “Why? What is the justification for such an examination?”. I look forward to listening to the Minister’s response to Amendment 155. I beg to move.
Baroness Benjamin (LD)
My Lords, Amendments 168, 228, 376 and 377 concern child performances and sporting activities. I declare my interest as per the register.
On Amendment 168, there is no system in place to safeguard and protect children’s earnings from financial abuse when they are engaged in performances, paid sport or modelling activities. Other countries, such as the US and numerous EU territories, have legislation in place to ensure that employers pay a percentage of the child’s earnings into a trust account where earnings are protected by the state until the child reaches the age of 18. We lag behind the times with this provision, and safeguarding and protection are long overdue.
Local authorities can add stipulations to licences—for example, that 80% must be paid into a child’s savings account or 50% used for the child’s benefit. However, these conditions differ throughout Great Britain and are sadly ineffective, as a parent can access and use the child’s money and not necessarily for the child’s benefit or in their interest. Local authorities themselves are concerned about how best to protect these earnings but, sadly, there is no system or law in place to support this.
My amendment would ensure that a small percentage of the child’s earnings is held in trust until the child reaches adulthood and is not accessible by a parent, guardian or the child themselves. If this amendment becomes law, trust accounts will protect the child’s earnings until they reach the age of 18. Income will be protected and any tax liabilities more easily calculated. As we enter a world of streaming platforms, social influencers and headline child stars, these earnings can be in the millions of pounds and we have a responsibility to ensure that all children, regardless of which local authority they reside in, have effective means to safeguard their future and their earnings.
Amendment 228 deals with a child not appearing on the school register. The Bill as it stands fails to recognise the unique needs of children working within the entertainment industry, where many are educated in flexi-alternative provisions. The safeguarding elements of this pre-approval to be absent from school have already been scrutinised by the licensing authority and the education provisions are accounted for in the conditions of the licence period.
What is proposed in the Bill is the opposite of what should be a positive. This life-changing experience for a child is regarded as a negative absence, not only for the child but for the school. It will not record the beneficial reason for their absence—merely another day missed from school, which negatively affects both the child and the school’s record and could affect its Ofsted standing. This unique opportunity should be celebrated, not penalised.
When the child is granted a licence to perform within Great Britain, the Children and Young Persons Act 1963, combined with the Children (Performances and Activities) (England) Regulations 2014, make provision for the approval of education to be shared with local authorities. Requiring this information not only to be carefully considered and shared but then duplicated and, as often happens, amended at the last minute due to the requirements of the production, would divert valuable resources away from the safeguarding of young people and the most vulnerable children.
The Bill’s current requirement to include children within the register with pre-approved flexi-education from licensing authorities would divert attention from the very children the register is intending to capture. It will slow down the process of licensing children to perform. Local authorities will require information not available at the time of a licence application to add children to the register. The licensing process, in reality, is evolving and live; it is where industry collaborates with licensing authorities. It is imperative that the process works for all parties involved.
Amendment 376 concerns a body of persons approval, or BOPA, which is in the wrong place. It currently sits within Part 6 of the regulations, which targets only performance abroad rather than performance in the UK. My amendment highlights the need for a licensing authority that approves a performance abroad or exempts a performance within the UK to notify the local authority in which the child lives. This will ensure that the local authorities are fully aware of the children who are performing, to finally join up the dots and offer a working solution using the technological advances of 2025. This in turn will help safeguard a child from overperforming and not receiving the regulated overnight rest breaks, and give consideration for meaningful education.
At present, local authorities are aware of performances by children in their area only if they have granted the licence. Exemptions granted under a body of persons approval, or licences granted by a magistrate’s court for children to perform abroad, are not shared with the local authority where the child resides. However, under the Bill, they are expected to note on the register information that is not being shared. There is currently no legal requirement or process for a magistrate’s court to inform the child’s local authority that they are missing school under the child employment abroad order, so it will not be aware of the child’s involvement in a performance.
Amendment 376 requires licensing authorities that approve a licence, or authorise a performance under a body of persons approval, to notify the local authority in which the child resides. We have a duty to protect our children, regardless of where they perform, and the current system requires urgent consideration of we license children for paid and unpaid performances, to ensure that we have an effective, joined-up approach.
Finally, Amendment 377 calls for a review of the child performance regulations 2014. Since the regulations were revised in 2014, we have seen a substantial change to the entertainment industry, with streaming platforms, new film studios and diverse opportunities for children to be involved and perform. The industry is fast-paced and must adapt to new technologies. The very interpretation of the performance regulations across each local authority makes it hard to take a balanced approach when multiple children from different areas are involved in the same production. Children performing in the UK from other countries, which have their own regulations and union rules that must be followed alongside our laws, result in a mixture of regulations that do not always have the best interests of children at heart.
In 2014, the then Government agreed to revisit these regulations after 10 years, some of which I was instrumental in securing. It is important to acknowledge that, to move forward in the best way to support all children to partake in performance, there needs to be a period of reflection to stay current with an ever-evolving industry. Would the Government commit to review the child performance regulations to include the necessary improvements needed?
Our world has changed, and we have to adapt or face being left behind, otherwise children will miss out on potentially life-changing experiences and opportunities. We have an opportunity, by agreeing to my amendments, to make a positive change for children and young people in performing arts and sporting activities. I look forward to working with the Government to make these changes.
Baroness Fraser of Craigmaddie (Con)
My Lords, I will speak in support of my noble friend Lord Lucas’s Amendment 155. It is a great honour to follow the noble Baroness, Lady Benjamin, and I agree with everything that she said; I therefore also support her.
What prompted me to look at this space were the government Amendments 157 and 158 on the employment of children in England and Wales and in Scotland. I agree with the noble Baroness, Lady Benjamin, that they do not sufficiently cover the difficulties and discrepancies between what is in the Bill and the on-the-ground opportunities for children in the performing arts. I was especially concerned by the timing restrictions in proposed new Clause 2(1)(d)—as well as in the proposed new paragraphs (e), (f), (g) and (h)—which requires children not to work before 7 am or after 8 pm. The Minister is shaking her head, so clarification from her that this does not apply to children in the performing arts would be great.
I agree with the noble Baroness, Lady Benjamin, about the opportunities for children to take part in the performing arts. My first pay packet came as a performer with Scottish Ballet at the age of nine, which introduced me to all sorts of career opportunities that I would not have had in school, including becoming a choreologist. I would therefore welcome anything to clarify that children are encouraged to take up these opportunities. I would be very grateful if the Minister could clarify the licensing agreement for performing arts and children being paid as performers. I look forward to hearing her answer.
Children’s Wellbeing and Schools Bill
Baroness Benjamin Excerpts(1 month ago)
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Baroness Tyler of Enfield (LD)
My Lords, I rise very briefly to lend my support to the amendments in the name of the noble Lord, Lord Watson, regarding extending the Staying Put scheme to the age of 25. My Amendment 130 does exactly the same thing but for some reason is in the next group. I will say a few words about it when we get to the next group, but I just want to underline my support. I think it is a very important issue.
Baroness Benjamin (LD)
My Lords, I support the right reverend Prelate the Bishop of Manchester’s Amendment 164 to introduce a national offer for child care leavers. This is strongly recommended by Barnardo’s because this amendment would end the postcode lottery of support for care leavers and help remove barriers to opportunity. Each year around 13,000 young people leave care without the support they need, and the outcomes of these young people remain much lower than those of their peers. That is why we at Barnardo’s—and I declare an interest as vice-president—believe that there should be a new minimum standard of support for care leavers: a national offer regardless of where they live. It should include measures recommended by Barnardo’s, which I hope the Government and the Minister will agree to.
Baroness Stedman-Scott (Con)
My Lords, I will speak to Amendments 97 and 99 in the name of my noble friend Lord Farmer, who cannot be here today. His support for Amendment 99, and mine, is grounded in—
Lord Young of Cookham (Con)
My Lords, I will speak briefly to Amendment 100 in my name and that of the noble Baroness, Lady Benjamin, which would insert a new clause aimed at giving all care leavers up to the age of 25 priority status in homelessness legislation. To that extent, it is a subsection of the much broader debate about how we look after care leavers.
The amendment would end a current anomaly in the law, whereby care leavers up to the age of 21 are entitled to priority under the homelessness legislation, if they present as homeless to their local authority, but not those between the age of 21 and 25. It is supported by a range of charities, not least Barnardo’s.
All young people need a safe and stable home in which to start their adult life—and, if you do not have that, it is difficult to access education, employment and health services. As we heard from the noble Baroness, Lady Tyler, care leavers are more likely to be homeless than non-care leavers. Research by the charity Become shows that they are nine times more likely to become homeless, and that threat does not stop at the age of 21. Again as we heard from the noble Baroness, the numbers of young care leavers presenting as homeless has gone up by 50%.
We heard from the noble Lord, Lord Watson, earlier that non-care leavers are staying at home much longer; the average age at which they leave is now 24, up from 21 a decade ago. Over the years, the legislation has been gradually catching up with that trend, beginning I think with the Children (Leaving Care) Act 2000, which recognised that the state or local authorities need to support children beyond the age of 18. Again as we heard earlier, care leavers do not have the same safety net of family to fall back on.
There is a lot in the Bill which I welcome to support care leavers, in particular a recent amendment disapplying intentionality for care leavers, meaning that local authorities, when they have a corporate parenting duty, no longer view care-experienced people under 25 as being intentionally homeless. But the Bill needs to go a little bit further. Under the current legislation, all young care leavers under the age of 21 who present as homeless are deemed to be in priority need, which means that local authorities have an obligation to accommodate them. However, there is no such automatic protection for care leavers between the ages of 21 and 25. Under the current homelessness legislation, they are required to prove that they are vulnerable—something that is not defined in legislation. This means that they have go around getting letters from their GP, for which they may have to pay, and getting other letters from psychiatric services, to prove that they are vulnerable and their corporate parent is under an obligation to support them.
There is also a problem with children who are placed out of area. They are not apparently automatically eligible for the usual care support in the local authority in which they are now living, even if they have been living there for many years, whereas local care leavers have that entitlement. That seems to be an anomaly that the Minister might like to comment on.
Finally, the amendment would bring the homelessness legislation into line with the Children and Social Work Act 2017, which obliges local authorities to continue to provide support up to the age of 25. It will not be a panacea for all the problems facing care leavers, but it will be an important step towards ensuring that, when the worst happens, help is available for a young person who may have few other places they can turn to for help. So I encourage the Government to accept the amendment.
Baroness Benjamin (LD)
My Lords, I support two amendments in this group, in the names of the noble Baroness, Lady Bennett, Amendment 99, and the noble Lord, Lord Young of Cookham, Amendment 100, both of which I have put my name to.
With more than 80,000 children in care, the highest figure on record, this Bill represents an opportunity to strengthen support for all care leavers. One in three care leavers becomes homeless in the first two years after leaving care. Many become drug users and end up with a criminal record.
Some of the most affected care-experienced children are those from diverse backgrounds, who suffer double discrimination. Research by Barnardo’s found that nearly one in 10 black children in care has received a custodial sentence by the time they turn 18. When many finally leave care, they find themselves in prison or with a criminal record, which makes it difficult to find a home or employment, or develop a secure, happy life and any hope of a prosperous existence. They find themselves being part of a gang, which becomes a family substitute but leads to even more disaster.
As the Minister said in reference to the earlier group of amendments, there is an urgent need to improve understanding across agencies and departments of the needs of children in care and care-experienced young people, as well as providing training on how to better address these needs. For example, the Department for Education could extend corporate parenting principles to all bodies involved with care-experienced young people.
As we have heard, many young people can depend on their parents to support them long after they leave school or university, both financially and with a roof over their head. But support for care leavers across the country is piecemeal—a postcode lottery. Ashley John-Baptiste’s book, Looked After: A Childhood in Care, which I highly recommend, illustrates graphically just how difficult it is for young people to navigate their life after leaving care without support, especially if they want to go to university. It is potluck and almost an impossible task. Therefore, we should be doing more to ensure that care leavers are supported into adulthood, which I why I support Amendment 99 from the noble Baroness, Lady Bennett.
Through Amendment 100, the noble Lord, Lord Young of Cookham, seeks to increase protection for care leavers facing homelessness. I welcome this amendment and fully support it. We need to support care leavers and give them the opportunity to forge a happy, secure and hopeful life. It is our duty to do this and I hope that the Minister will agree with me and other Peers, and support these amendments.
Lord Bird (CB)
My Lords, on Amendment 100, from the noble Lord, Lord Young, I will offer a bit of Big Issue news. We did a survey in the early part of this century in which we surveyed 150 to 200 Big Issue vendors. Some 80% of them had been through the care system; most of them had been in care for a period of at least 10 years. I wrote an article about this which upset a lot of people, because I said that, in order to produce a Big Issue vendor, you had to spend over £1 million. To me, that is one of most frightening things: how expensive it is to keep people poor.
It costs £70,000 to keep somebody in foster care, but it costs almost £200,000 to keep somebody in care. We need to look at this problem. In spite of all the moral outrage, we need to look at this as a bit of fiscal bad news. We have to start shifting our resources towards moving children into foster care as much as possible. I am going to talk about this later, but I wanted to give noble Lords the news that Big Issue vendors are very, very expensive.
Children and Young People: Local Authority Care
Baroness Benjamin Excerpts(1 year, 2 months ago)
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Baroness Benjamin (LD)
My Lords, I congratulate the noble Lord on securing this important debate. He and I are kindred spirits in feeling compelled to highlight the urgent social care crisis facing children and young people in this country, and to set out overdue solutions that the Government must take to ensure that children grow up feeling safe, happy, healthy, loved and hopeful about their futures. That is what the charity Barnardo’s strives to achieve; I declare an interest as its vice-president.
The pressures on children’s social care are at an all-time high. There are now more children than ever in the care system—as we have heard, over 80,000. The growing number of children entering care is concerning, not least because children who grow up in care continue to experience a range of poor outcomes compared with their peers. They are more likely to end up homeless, in prison, or have mental health issues. The impact of having more children placed into the care of local authorities has long-term consequences for society, which will come back to haunt us if nothing is done urgently.
Over recent months and years, we have seen the resources of councils that have to care for children increasingly stretched, with many local authorities at financial breaking point, affecting their ability to meet the needs of children and families. Recent evidence from the Local Government Association found that nearly one in five councils is concerned about bankruptcy in the next two years. This means that the system has become increasingly focused on delivering acute and late intervention services, rather than early intervention services that help prevent families reaching crisis point.
Barnardo’s and other leading charities recently commissioned research on this very subject. In their report The Well-Worn Path, they found that early intervention services had been reduced by 45% in the last 12 years. The report also found that increased spending on children’s residential care, particularly private sector provision, is putting considerable strain on local authorities. Although spending on children’s social care increased by £800 million last year, £4 in every £5 of that increase is going on late intervention services rather than early help. Evidence has shown that if the Government increase spending on early intervention services, it would not only improve outcomes for families but be more cost effective long term. It is a false economy to cut early intervention services.
There is also the moral case: the Government should provide early help to families in need so that more children can remain living safely with their birth families. In turn, local authorities can focus on providing the highest possible level of care for those who enter the care system. Sadly, I know from my work with Barnardo’s on its Double Discrimination report that black children are more likely to be in care compared with their peers. They need our help and consideration more than ever, before they end up on a conveyor belt of crime and mental health issues.
We have seen some changes, including the extension of the children’s homes estate announced in the Spring Budget, but a children’s social care Bill was noticeably missing from the King’s Speech in November. I know the Government commissioned the independent review of children’s social care, which the children’s charity sector largely endorsed, especially its legislative changes. But although the Government are going to run “families first” pathfinders, looking at improved early help in 12 areas, most of the country will see no change until 2026. Children and families cannot wait that long; the crisis is on their doorstep right now.
We must keep children and families together to reduce the number of children placed into the care of local authorities. I ask the Minister, who has shown real commitment to this issue: will the Government commit to investing in early intervention and transform children’s social care by adopting all the recommendations set out in the independent review of children’s social care, and to having a children’s Cabinet-level Minister to bring cross-governmental policies together to benefit our children’s well-being?
All children, especially those in care, need to be nurtured and loved unconditionally if they are to grow up to be well-adjusted adults contributing to society, and positive role models to their children. As I always say, childhood lasts a lifetime.
Coram’s Charter for Children
Baroness Benjamin Excerpts(1 year, 5 months ago)
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Baroness Barran (Con)
The department is of course happy not only to look at the ability to provide meals in the way that the noble Baroness set out but to see their impact. A core principle of this Government is to give as much autonomy as possible to schools. They know their children and how to use their budgets; we trust them and back their judgment.
Baroness Benjamin (LD)
My Lords, I declare an interest as a patron of Coram, the country’s first and longest-serving children’s charity. Our Charter for Children makes several important recommendations, from early years education to school leavers and mental health, which should not be ignored because of financial constraints, as they will benefit society in the long term. We need to show that every child across the nation is valued and that no child is left behind, because, as I always say, childhood lasts a lifetime. Will the Minister agree to meet me and representatives from Coram to discuss this important report?
Baroness Barran (Con)
I would be delighted to meet the noble Baroness and the team from Coram. I put on record our thanks to them for all the work that they do.
School Curriculum: First Aid Training and Home Nursing
Baroness Benjamin Excerpts(3 years, 6 months ago)
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Baroness Barran (Con)
I thank my noble friend for that very helpful technical clarification.
Baroness Benjamin (LD)
My Lords, many children of black and Asian descent suffer from sickle cell. Will the noble Baroness consider getting schools to talk about sickle cell and teach children, when a child in their class has a crisis, about what they are going through?
Baroness Barran (Con)
I am delighted to share that with colleagues in the department and confirm that that is happening.
Restriction on the Preparation of Adoption Reports (Amendment) Regulations 2018
Baroness Benjamin Excerpts(7 years, 1 month ago)
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The Parliamentary Under-Secretary of State, Department for Education (Lord Agnew of Oulton) (Con)
My Lords, the Adoption and Children Act 2002 provides that only a person within a prescribed description can prepare a report on the suitability of a child for adoption or a person suitable to adopt a child. The Restriction on the Preparation of Adoption Reports Regulations 2005 prescribe, for the purposes of the 2002 Act, those persons who can prepare adoption reports and in what circumstances. Those persons are social workers employed by, or acting on behalf of, an adoption agency or a person who is participating in a social work course and is employed by, or placed with, an adoption agency as part of that course, subject to certain conditions.
This draft statutory instrument will make consequential amendments to the descriptions of persons who can prepare reports and update the references to the register of social workers in England and Wales. These changes are purely consequential in nature and do not provide for any new categories of persons who are able to prepare adoption reports. Given the consequential and technical nature of these amendments, no impact assessment has been prepared.
The Health and Social Care Act 2012 requires all social workers in England to be registered with the Health and Care Professions Council—the HCPC—and the Regulation and Inspection of Social Care (Wales) Act 2016 now provides for the keeping of a register of social workers in Wales. This statutory instrument will bring the 2005 regulations up to date by amending the references to the regulators in line with these two Acts. Although the Welsh Government would have been able to amend the 2005 regulations to update the references relating to Wales, they would not have been able to make the amendments relating to England using the powers in their 2016 Act. With support from the Welsh Government, it made sense for the department to make all the necessary changes in this set of amending regulations.
We of course have ambitious plans for a new social work regulator in England: Social Work England. This is a fundamental part of our social work reform programme, which will develop an in-depth understanding of the profession and set profession-specific standards that clarify expectations about the knowledge, skills, values and behaviours required to become and remain registered as a social worker in England.
We will have to amend these regulations again when Social Work England takes over as the regulator. However, it is important that we make these amendments now to ensure that the 2005 regulations continue to operate effectively and without confusion in both England and Wales. I beg to move that these regulations be approved.
Baroness Benjamin (LD)
My Lords, we on these Benches are very concerned by the significant drop in adoptions since 2015. Action is urgently needed to improve permanency planning for vulnerable children. During debates on the two most recent Bills covering adoption law, we have raised concerns that the time taken to find a match between possible adopters and children remains far too long, particularly for hard-to-place children, disabled children, older children, sibling groups and children from BAME backgrounds. We also feel that more support should be given to children after they have been adopted, particularly if they have poor mental health.
Powers have to be given to Ministers to force local councils to combine their adoption services into regional agencies. These must be exercised transparently, with accountability to Parliament, and must be in children’s best interests. The Government must not focus exclusively on adoption when amending legislation on looked- after children. Recent legislation has so far ignored issues that affect a wider number of children in care, including fostering, access to personal advice, and mental health.
As I have said time and time again, childhood lasts a lifetime. That applies to all children and includes the emotional turmoil that many children suffer, having had unfortunate, turbulent starts in life. Let us do everything in our power to ensure that these children are considered when we make legislation and rules so that they have fair, just, happy experiences to take forward into adulthood.
Lord Watson of Invergowrie (Lab)
My Lords, I thank the Minister for introducing these regulations. I stand at the Dispatch Box representing Her Majesty’s Opposition. It is therefore my job to oppose the Government, which I do with regularity and, I hope, with reasoned argument and some good humour. So by dint of habit, I want to oppose these regulations today, but I am unable to do so, and no matter how hard I try, I can find nothing remotely contentious in them. I therefore say two things to the Minister. First, Her Majesty’s Opposition are content with his Motion, and secondly, normal service will be resumed shortly.
Vulnerable Children
Baroness Benjamin Excerpts(7 years, 6 months ago)
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Baroness Benjamin (LD)
My Lords, I congratulate the noble Baroness, Lady Dean, on her passionate speech and on securing the debate. I am grateful for the opportunity to speak about this important report from the Children’s Commissioner on the number of vulnerable children and young people in England. I declare an interest as a vice-president of the children’s charity Barnardo’s.
This report is crucial, shining a light on our ability to identify and support vulnerable children and young people. The definition of vulnerability is wide and children and young people can experience multiple vulnerabilities. So, first, we must recognise that there is a spectrum of vulnerability. Identification cannot be done by one agency alone. All services, including schools and GPs, need to recognise who the vulnerable children and young people are. There needs to be awareness training and procedures need to be in place so that children can be identified, supported and safeguarded as early as possible.
Ever more children are suffering from anxiety and depression. It is well known that half of all lifetime cases of mental health issues start before the age of 14. Shockingly, 800,000 children are suffering from mental health difficulties, so Barnardo’s welcomes the Green Paper on children and young people’s mental health provision, especially the recommendation of a designated lead in mental health in every school by 2025 and the trailblazing approach for testing different ways to reduce the waiting time for CAMHS to four weeks. However, there are concerns about the lack of detail on implementation, because a trailblazer approach starting in 2019 could make the current geographical inequalities even worse. Will the Minister provide more information about which areas these trailblazers will take place in and give more details of how they will be implemented, including the four week waiting period for CAMHS? What assurances can he give the House that funding will be kept under review? The Green Paper commits funding of £310 million only during the period of this spending review, until 2020-21, but the plans for a designated lead teacher in every school will not be complete until 2025.
Some of the most vulnerable children and young people are hidden. A new report from Barnardo’s, Still Hidden, Still Ignored. Who Cares for Young Carers? illustrates how some young carers take on caring responsibilities aged as young as four and others do more than 30 hours of caring a week on top of attending school. These children and young people are more likely to have significantly lower educational attainment than their peers. More than 50% of young carers reported that their caring role impacted on their mental health, with many suffering depression and anxiety. Last week I saw a moving presentation highlighting this from the Lowry in Salford, which uses arts as a tool for social change. Six years ago the Lowry started a relationship with Salford Young Carers Service, a project that has given more than 1,000 young carers a voice.
Although the last census showed that there were some 166,000 young carers under the age of 18, experts estimate that it is more likely that there are around 700,000 hidden young carers in the UK, all of whom are children under the age of 18. One in 12 of these children are caring for someone at home for more than 15 hours a week, delivering significant caring tasks such as administering medication, toileting, bathing, domestic care and emotional support. Around one in 20 of these young people miss school because of their caring responsibilities. These young carers are one and a half times more likely than their peers to be from black, Asian or minority ethnic communities. They are also one and a half times more likely than their peers to have a special educational need or a disability. However, these children are hidden from view, caring in silence, under the radar of social workers and teachers, carrying a huge burden of responsibility, often without support.
To shine a spotlight on this hidden world the Lowry interviewed four brave young carers and their families over the course of a year to produce a heartrending and moving piece of theatre based on their lives, called “Who Cares?”. Professional actors took the play on a national tour to 27 schools and youth centres and it was seen by more than 4,000 young people. On every occasion a new carer was identified and signposted to support. “Who Cares?” was difficult to watch because these were not fictional stories; they were real, and the play did not shy away from the truth of the situation young carers are in. I watched with tears in my eyes.
We need to change how we view young carers and how we treat them in society. These young people are inspiring: they are heroes, and the challenges they face daily are enormous. Depending on where they live in the UK, however, the support available to them can vary hugely. The work delivered by local young carers’ services is crucial at grass-roots level to supporting young people in vulnerable situations. Will the Government consider giving local authorities and commissioning bodies more statutory responsibilities to provide specialist services with adequate resources to identify and support young carers, and to ensure that all young people—regardless of where they live—have access to the highest quality support? As I always say, childhood lasts a lifetime, so we need to support, protect and embrace all children—especially vulnerable, hidden ones—and break the cycle of despair for the sake of future generations.
Children in Need
Baroness Benjamin Excerpts(7 years, 11 months ago)
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Lord Nash
I entirely agree with the noble Earl that school exclusions are to be avoided at all costs, if possible. Certainly, permanent exclusions are counterproductive and even temporary exclusions are often so, because they amount effectively to the child bunking off for a day. They would be much better off segregated in the school, doing something which encouraged them to behave better in future. Most teachers are very keen to avoid school exclusions. I have just taken over responsibility for attendance and exclusions and will certainly look at this in more detail.
Baroness Benjamin (LD)
My Lords, children with parents in prison are particularly vulnerable and need much consideration. However, under the incentives and privileges scheme, prisoners have to earn the right to see their kids. Barnardo’s has been calling for this to change and for a review of the scheme. It should not be a privilege for parents to see their children, but the right of a child to see their parents. When will a review take place to change this unjust situation? I declare an interest as a vice-president of Barnardo’s.
Lord Nash
I will have to go away and look at this. I am certainly a great believer in earned release schemes, where prisoners earn the right to be released early on the basis that they attend courses in prison. I was not aware of this and it is rather off my brief, but I will go away and come back to the noble Baroness on it.
Schools: Gardening
Baroness Benjamin Excerpts(8 years, 2 months ago)
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Baroness Benjamin
To ask Her Majesty’s Government what steps they are taking to encourage school gardening, to ensure that every child understands the environment and has an early connection to nature.
Baroness Benjamin (LD)
My Lords, I beg leave to ask the Question standing in my name on the Order Paper. In doing so, I declare an interest as RHS ambassador.
The Parliamentary Under-Secretary of State, Department for Education (Lord Nash) (Con)
My Lords, the science national curriculum requires that children are taught about plants and can identify common wild and garden plants. Guidance encourages schools to use the local environment so that children can investigate plants growing in their habitat. The government-backed 1 million trees for schools campaign gives millions of children the chance to plant saplings in their school grounds and communities, helping them to connect with nature and make their school grounds and neighbourhoods greener.
Baroness Benjamin
My Lords, I thank the Minister for that Answer. Numerous reports have shown that children as young as four suffer from depression and anxiety. Research proves that gardening is not only therapeutic for them but gives them a sense of continuity, responsibility and an understanding of food production. It can help them with subjects across the curriculum, and even with a career in horticulture. Will the Government work with the RHS school gardening campaign to deliver gardening opportunities to schools across the country and urge Ofsted to take such provision into account when inspecting schools?
Lord Nash
The noble Baroness is quite right about the therapeutic benefits of gardening for children. I know that the RHS—I pay tribute to the noble Baroness for her ambassadorship—has a great campaign in schools for this. That campaign now has more than 32,000 schools and organisations engaged, including 68% of primaries and 78% of secondaries, reaching 6 million children. As far as Ofsted is concerned, we do not want to load it up with too many specific, narrow requirements, but school inspectors consider the breadth and depth of the school curriculum and its impact on children. Inspectors will note where a school’s use of outdoor space has a positive impact. They also expect schools to provide rich and varied extra-curricular activities, which may well include gardening.
Education: Newly Qualified Teachers
Baroness Benjamin Excerpts(8 years, 5 months ago)
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Lord Nash
I am delighted to agree with the right reverend Prelate. I know that the Church is taking the lead in this. It has engaged in a big way with the Future Leaders Trust’s executive educators course. I believe it is sending 100 of its leaders on this course. As I say, we have other courses coming on stream from the likes of the University of Salford and a combination of the IoE and Deloitte. It is very encouraging to see these high-quality providers coming into this space.
Baroness Benjamin (LD)
My Lords, Ofsted has required an unsustainable level of personalised feedback from teachers to students. Although this guidance has been retracted, it is still common practice in many schools. An excessive workload, including data tasks, is damaging the well-being of teachers. What consideration of teachers’ welfare is measured by Ofsted during inspections?
Lord Nash
The noble Baroness makes an extremely point. I know that this issue concerns us all—and Ofsted. We are committed to reducing teachers’ workload. We conducted the workload challenge and we are following all the recommendations from that. Our larger multi-academy trusts are developing extensive support programmes for their teachers to take a lot of the workload off them so that they can focus on the most important thing: teaching in the classroom.