Children’s Wellbeing and Schools Bill
Debate between Baroness Butler-Sloss and Baroness Barran(2 weeks, 3 days ago)
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Baroness Barran (Con)
My Lords, I will speak to Amendments 4, 6 and 17, which are in my name. They present a more ambitious use of family group decision-making processes. I am keen to understand whether the Government have considered these at all and, if so, why on balance they were excluded from the Bill. If they have not considered them, perhaps there is room to reconsider. For many children, being able to live with another family member, even if they still require support, is a better outcome that going into stranger foster care or a children’s home. This group aims to test the Government’s appetite to expand the scope of family group decision-making further.
Amendment 4 would extend family group decision-making process to private law cases, which is something the noble Lord, Lord Meston, questioned in his earlier remarks. I think the Minister will be aware that this was raised as a recommendation in evidence in the Public Bill Committee in the other place by the chief executive of Cafcass. Two-thirds of Cafcass cases are private law proceedings. The Minister knows just how acrimonious these can be; indeed, we heard about that from the noble and learned Baroness, Lady Butler-Sloss. That includes, of course, cases of domestic violence and abuse.
My amendment would move these cases into scope. I understand that this would extend the scope of family group decision-making significantly and there are resourcing implications, but I would like to understand the Government’s logic in using this approach with some cases with material safeguarding concerns but not others that share many of the same characteristics about the risks posed to children. We know that, tragically, a number of child deaths have happened after family proceedings rather than proceedings in public law or child protection.
I have not put down a specific amendment on this point, but, in a similar spirit, I wondered what consideration the Government have given to a situation where a Section 7 welfare report is requested by the court. As the Minister will know, a Section 7 report is a court-order document, prepared under Section 7 of the Children Act 1989, and is ordered when parents cannot agree on arrangements for their children’s care, usually only if there are any aspects of the children’s welfare that require further investigation. My question is: could this also be an area where family group decision-making might apply? If the Government have not considered these options, can the Minister, as a minimum, commit to considering them and working out the practical implications? This is exactly the kind of situation where the wider family could help but where the involvement of child protection professionals is needed.
I am optimistic—although my optimism might be waning—that the Minister might look favourably on my Amendment 6, because it makes so much sense for children. It addresses another current gap, when a child is reunited with their parents after a period of being in care. Reunification is the most common way for children to leave care, with 27% of those leaving care returning home in 2022-23. However, the number of children who then re-enter the care system is far too high, with 12% of those children re-entering within three months and more than a third within six years. Of course, we all want reunification to have the best chance of success. The statistics on those breakdowns are pretty stark, but the human cost for those children is far starker.
Finally, my Amendment 17, which I think the noble Baroness was starting to talk about on an earlier group—but maybe not—seeks to give a continuing role to the local authority in safeguarding a child in kinship care. With this amendment, I seek to probe what safeguards are in place around kinship care. So, if I have understood correctly, if the public law outline for care proceedings has started or the child has been made subject to a child protection plan—both of which would be the case when a family group decision-making process starts, as per this legislation—the significant harm threshold has been met. New carers may not be able to address all the risks that a child faces; they may well be the right place for that child to be, but they might need additional support.
For example, from my work prior to coming into your Lordships’ House, I know of a number of cases where a child’s parents coerced the kinship carer into allowing them to have unsupervised contact with their children—which we can all understand, on a human level, may be very hard to resist. I appreciate that this is a very delicate balance that needs to be struck, but this amendment aims to give the local authority the ability, where needed, to create something like a kinship protection plan, rather than a child protection plan, until it is confident that the arrangements are safe and in the child’s best interests, or until a child arrangement order or special guardianship order is made by the family court. I look forward to hearing the Minister’s reflections on these amendments, which would significantly improve the Bill. I beg to move.
Baroness Butler-Sloss (CB)
My Lords, unusually, I entirely disagree with what the noble Baroness, Lady Barran, has put forward by way of an amendment. It is not just overambitious—in my view, it is plainly wrong, for two reasons.
Although there is—thank goodness—a minority of almost insoluble family cases, there are other ways in which to deal with mediation. Some of the work, although not all of them do, and I do not think that a local authority should interfere in private law cases. Perhaps more importantly, there is a brilliant system started by the then Lord Chancellor, Alex Chalk, and the present President of the Family Division; I think it is called Pathfinder, but I am not entirely sure. It has been rolled out in four places. When a family starts contentious divorce proceedings, all those involved with the family—the local authority specifically, Cafcass, the police, local health people and anybody else who may be involved with the family—meet to decide whether it is a domestic abuse case, in which case it goes through a longer channel, or a case in which the parties are behaving properly but cannot agree.
In the majority of cases, as the President of the Family Division has told me—he also gave evidence to one of the Select Committees in the House of Commons on this, perhaps the Home Affairs Committee—he or other family judges get rid of the case within two hours; they are completed. It would be unnecessary and unsuitable to have a family meeting of the sort proposed. There are real dangers to it in the other cases, particularly since there are other systems. So unusually, as I very often agree with the noble Baroness, Lady Barran, on this occasion I think that she is wrong and very much hope that the Government take no notice of her amendment.
Coram’s Charter for Children
Debate between Baroness Butler-Sloss and Baroness Barran(1 year, 4 months ago)
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Baroness Barran (Con)
I do not fully recognise the figures that the noble Baroness refers to. As she knows, we have been adjusting school funding to try to move towards a national funding formula. We have also invested increasingly in the pupil premium to support precisely the children whom she and the Government are most concerned about.
Baroness Butler-Sloss (CB)
My Lords, looking at the other end of childhood—teenagers—will the Government do something better about youth clubs, which might have some effect on gangs?
Baroness Barran (Con)
There are multiple things that will have effects on gangs, but clearly the engagement of young people is very important, as the noble and learned Baroness suggests. That is why we made the national youth guarantee commitments in 2022.
Children’s Care Homes: Reform
Debate between Baroness Butler-Sloss and Baroness Barran(1 year, 6 months ago)
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Baroness Barran (Con)
I do not agree with that. While I agree that children in care homes potentially have more severe mental health issues, I think that, typically, children who go into a care home have also experienced severe neglect and abuse, and have more complex needs than those who are fostered.
Baroness Butler-Sloss (CB)
My Lords, what efforts are the Government making to support a lot more foster carers?
Baroness Barran (Con)
The Government are making a great deal of effort in this area. We are investing over £27 million, in this spending review period, in a foster care recruitment and retention programme. That will start in the north-east, with £3 million for a pathfinder hub; the additional £24 million will be for a wider rollout.
Children in Care: Gone Too Far Report
Debate between Baroness Butler-Sloss and Baroness Barran(2 years ago)
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Baroness Barran (Con)
As I said in my initial response, it is the responsibility of local authorities to provide sufficiency within their boundaries. Of course there are exceptional cases, and I have touched, for example, on children who are gang-involved and need to be moved further from home for their safety, but the kind of co-ordination the noble Lord talked about is exactly what we want in practice.
Baroness Butler-Sloss (CB)
My Lords, as we have heard, because these children are disturbed and many of them have suffered trauma, which is why they have been taken into care, there seems to be some urgency in this matter. They should be put, where possible, reasonably close to home. Can this not be speeded up?
Baroness Barran (Con)
We are going as fast as possible in this. Obviously, our foster caring strategy has had a very significant investment, and there is the additional £9 million we are putting into kinship care. The latter is building on some very successful pilots, so we want to speed up the things that work but make sure that we understand that they work first of all.
Special Educational Needs: Employment Support
Debate between Baroness Butler-Sloss and Baroness Barran(2 years, 1 month ago)
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Baroness Barran (Con)
Everybody who meets with a work coach should expect to get quality time, and my understanding is that the vast majority of individuals do. Of course, this is important for young people with SEND. DWP has a huge amount of experience in dealing with long-term health conditions and disabilities. Secondly, part of the work we are doing together with the DWP is to understand and knit together where education meets employment, to make sure that we get the best outcomes for young people.
Baroness Butler-Sloss (CB)
My Lords, my granddaughter, aged six, was identified with quite severe dyslexia. She went to the Eleanor Palmer School, where the headmistress said that no one in the school knew how to deal with it, so she sent two of the staff to be trained. My granddaughter did brilliantly at primary school and ended up at Edinburgh University with a good degree. So support really needs to start at primary school to ensure success in education.
Baroness Barran (Con)
I can reassure the noble and learned Baroness that it does start at primary school. The work we are doing to help teachers identify dyslexia early on—in particular, the early phonics screening test—allows us to do just that. Through our English hubs, we are helping primary schools and their teachers to support children like the noble and learned Baroness’s granddaughter.
Children in Care
Debate between Baroness Butler-Sloss and Baroness Barran(2 years, 7 months ago)
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Baroness Butler-Sloss (CB)
My Lords, I am a patron of a secure unit down in Exeter. One of its main concerns is a lack of funding to get sufficient staff and sufficient training. What will the strategy do about that?
Baroness Barran (Con)
I cannot anticipate exactly what the strategy with do, as the noble and learned Baroness is aware. The cost of a child or young person being in a secure unit is extremely high, and we will be looking at the detail of how we can make sure that recruitment needs are addressed.
Family-strengthening Policies
Debate between Baroness Butler-Sloss and Baroness Barran(2 years, 7 months ago)
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Baroness Barran (Con)
I am not aware of any recent research, but the noble Baroness is obviously aware that we offer universal free school meals. There are 1.25 universal infant free school meals—sorry, 1.25 million; that was close, it was nearly policy at the Dispatch Box—so 1.25 million children in infant schools receive those meals.
Baroness Butler-Sloss (CB)
My Lords, does the Minister agree that there is a particular group of young mothers with very young children who are quite unable to understand how to bring them up, and what can the Government do to help that group?
Baroness Barran (Con)
One of the biggest lines in the budget for family hubs—£50 million of the £300 million in that package—is for parenting programmes specifically, and an even bigger line, about £100 million, is for infant and parental mental health. Both those things address the group which the noble Baroness refers to.
Schools: Citizenship Education
Debate between Baroness Butler-Sloss and Baroness Barran(2 years, 11 months ago)
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Baroness Barran (Con)
The understanding is that citizenship education is an important part of schools’ accountability for their pupils’ spiritual, moral, social and cultural education. I do not think there is a suggestion that it is equivalent to personal development, but it is a critical part of personal development.
Baroness Butler-Sloss (CB)
Slavery has become one of the really important issues which is discussed generally. I am hoping that the Government might encourage schools to cover slavery. If they do, would they please include modern slavery, which is rife, and not just the slavery of the past?
Baroness Barran (Con)
The noble and learned Baroness makes a really important point. I think she will also recognise that schools will have different ways of teaching their pupils and getting them to understand important issues such as slavery and, sadly, modern slavery.
Social Care: Children
Debate between Baroness Butler-Sloss and Baroness Barran(2 years, 11 months ago)
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Baroness Barran (Con)
I am very concerned if the perception is as the noble Lord describes. I encourage those involved with particular expertise in that area to contribute to the consultation on the Green Paper, which is open until 22 July. Our ambition is clear: that we address the problems in the system comprehensively.
Baroness Butler-Sloss (CB)
My Lords, I wonder if the Minister has taken on board—I am sure she has—a recommendation from the report that more senior social workers should carry on having case loads. My experience as a family judge was that senior social workers were completely divorced from the sorts of cases that were actually coming before the courts. I would be grateful to know if the Government will take that forward.
Baroness Barran (Con)
The Government are considering all 80 recommendations in the report, of which this is an important one. We have identified the five priority recommendations, but the implementation board will report back on all our actions by the end of the year.
Independent Review of Children’s Social Care
Debate between Baroness Butler-Sloss and Baroness Barran(3 years ago)
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Baroness Barran (Con)
In relation to the noble Baroness’s first point, I can only say that all those issues, including whether the definition should be covered in legislation, will be in our implementation report. In relation to the single unique identifier, we have committed to coming to a decision on the best way forward by next summer.
Baroness Butler-Sloss (CB)
My Lords, may I say how much I am comforted by the response of the Government to the excellent report and hope that all that the Minister is saying in good faith will actually take effect? As a family judge over very many years, and as the writer of the Cleveland report, there are two points I would like to raise with her. The first relates to children. My experience is of many children asked to see me. From the age of about six upwards, those children gave me extremely valuable advice as to what should happen to them. I do not think that social workers listen enough to what the children have to say. You cannot necessarily do what the child wants, but at least the child has a right to be heard, however young, if they are sensible enough to give a good example.
The other thing, which I found extremely sad when listening to the evidence of social workers, was that the social worker on the ground knew the family very well, but she or he did not make the decision; the decision was made higher up the ladder by a social worker who no longer had any individual cases to look at. I cannot imagine why they do not still keep a caseload to keep their hand in. They make decisions totally contrary to what the girl on the ground who knows the situation is saying. Can the Minister do anything by way of guidance to deal with that issue?
Baroness Barran (Con)
The noble and learned Baroness makes very important points, first in terms of a child’s right to be listened to and have their views respected. On the point about caseload, one of the 80 recommendations in the report is that, just as in the medical profession senior doctors will keep a caseload, so in social work senior social workers should keep a caseload and there will be teams with senior and less experienced social workers working together on cases.
Music Education in State Schools
Debate between Baroness Butler-Sloss and Baroness Barran(3 years, 3 months ago)
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Baroness Barran (Con)
I remind the noble Viscount, as I am sure he knows, that music is compulsory in all maintained schools from the ages of five to 14. After the age of 14, all pupils in maintained schools must be offered the opportunity to study at least one subject in the arts.
Baroness Butler-Sloss (CB)
My Lords, my grand- daughter went to a splendid primary school, Eleanor Palmer, in Camden, where every child aged nine had to learn a musical instrument—whatever it might be; the recorder or anything else—for a year. Does the Minister think that is something that could be pushed in primary schools?
Baroness Barran (Con)
We believe that the network of music hubs we have set up gives children choice, including specialist individual music tuition in an individual subject, and for other children perhaps group singing or other activities.
Data Protection Act 2018: Children
Debate between Baroness Butler-Sloss and Baroness Barran(4 years, 3 months ago)
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Baroness Barran (Con)
My noble friend makes a fair point about the complexity in this area, but the ICO has been very clear that it will investigate companies that do not comply with the GDPR concerns reported to it—and that it will accept referrals and complaints from civil society organisations, which can play an important role.
Baroness Butler-Sloss (CB)
My Lords, as a family judge, I regularly talked to children, some of them very young, about what they wanted to happen to them at the end of the proceedings. May I urge the Minister really and seriously to listen to children—because they very often have something extremely valuable to say?
Baroness Barran (Con)
I entirely concur with the noble and learned Baroness.
Football Association and Bet365
Debate between Baroness Butler-Sloss and Baroness Barran(5 years, 4 months ago)
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Baroness Barran
The Government are going to try to tackle that. There is wide acknowledgement that the gambling regulations were set up for an analogue age. We are now in a digital age and the goalposts—not to make too awful a pun—have moved substantially. Perhaps I can in some small part reassure the House in that the FA will be broadcasting those games that are currently available only through betting sites in 2021 on its own site. I know that does not address the noble Baroness’s point, but it will happen and will mean that young people will not need to go to a betting site to view those games.
Baroness Barran
I apologise, but I cannot give a definite date—but there is a clear sense of urgency.