(1 year, 2 months ago)
Lords ChamberThe Minister may recall that one of the first acts of Michael Gove as Secretary of State for Education was to cancel Building Schools for the Future. I well remember the impact it had on the city where I live. Also, the Chancellor of the Exchequer—
The noble Baroness is right, to our regret. I have not been heckled before—it is quite impressive. Under the then Chancellor, there was a plan to build 200 new schools, but the funding for only 50 was provided. Parents are worried; how do we bring transparency to this issue and how do we reassure them?
(2 years ago)
Lords ChamberMy Lords, we welcome this SI. I agree with the noble Lord, Lord Jones, that it is nice to have a policy background that is concise, well written and easily understandable to those who are not particularly knowledgeable in all social service matters. I also preface my remarks by welcoming and highlighting the incredible work and professionalism of social workers in our country, as he rightly said.
As the Minister rightly said, it is important that the public always have confidence in public workers, whether teachers, police officers or indeed social workers. This SI goes some way to strengthen and enhance their professionalism. It is right and proper that public workers can be removed from their role where they do something that is not acceptable. I like the notion of a voluntary opportunity to take that action but, of course, there will be occasions where a voluntary action is not appropriate and a harsher response is needed.
I do not quite understand the DBS in terms of social workers, so perhaps the Minister could elaborate. I understand that all social workers must have DBS clearance; my only question is how often that is renewed. Is it the same length of time as for teachers?
Similarly to the previous speakers, we broadly support these measures. The noble Lord, Lord Jones, has gone in on some very fine points of detail. I want to deal with a bit more of the broader context and refer to the Independent Review of Children’s Social Care, which called for a total reset of children’s social services. Half of local authority children’s services departments were rated either “inadequate” or “requiring improvement” by Ofsted in their last report. Can the Minister say anything about how the Government are planning to tackle this? That is a completely unsustainable situation.
We note that these changes are also supported by Social Work England and almost all the consultation respondents. However, as the Minister will know, important concerns were raised during the consultation about the impact that these measures might have on social workers as individuals, particularly the plans to allow the regulator to publish details of orders before an appeal has expired. While we absolutely support strengthening accountability and the measures in place, it is very important that whatever we do has the confidence of practitioners and their employers. It would be helpful if the Minister could say a little about that.
Perhaps I might press the Minister on the wider crisis in children’s social care. The MacAlister review sets out starkly the pressures and challenges facing children’s social care and makes a compelling case for change. We have not had a formal response to the review yet and we are very keen to get one.
On DBS, my understanding is that if something happens that may result in a voluntary withdrawal from the register, that information would be flagged or logged with the Disclosure and Barring Service, so that should that individual wish to go on and work with children in another context or with vulnerable adults, that information is able to be taken into account by a future employer. Clearly, the current situation is not working as it should, either for social workers or the children they are supporting.
We are content to support these measures today but, as the Minister will know by now, we will continue to press her on the Government’s plans to reform children’s social services with some urgency.
(2 years, 5 months ago)
Lords ChamberThese amendments are hugely important. There is a rhyme, is there not?
“Sticks and stones may hurt my bones, but words can never harm me.”
But how wrong that is. Words are very harmful and are often used by bullies. However, it is not just the person being bullied who needs support; it is also the bully themselves. Many of the bullies have real problems, and we must not forget that.
Secondly, we have made tremendous strides on bullying issues at schools. I pay tribute to the work that schools have done over the past decade or so on the issue of bullying there. I was quite shocked when my noble friend Lady Brinton said that many—or some— schools still do not have anti-bullying policies, as I thought they were a requirement. I thought that this was one of the things Ofsted looks at when it inspects schools, particularly for safeguarding reasons. My noble friend Lord Addington is absolutely right that it should be part of teacher training—it is not because of time constraints—as dealing with incidents of bullying is quite a complex issue. Teachers need to feel supported and equipped to be able to deal with it.
I thank the noble Lord, Lord Watson, for putting down his probing amendment on oracy in schools. I think that we have forgotten the importance of oracy or the spoken word. I always remember my education tutor saying to us that the three most important things for developing children in the early years were good toilet training, play, and talking and speaking. Our national curriculum and SATs do not give teachers the time and space they should have to develop the spoken word.
Many schools do things as part of the school day. Remember how we used to have children reading aloud? When I go into schools, if you suggest that children should read aloud, people look at you as though you are a bit barmy. We should go back to some of those practices, such as school class assemblies where children can perform and talk in front of their peers; school drama productions are really good for that too. There is a whole list of things we can do but, looking back, I just get the feeling that we were so focused on the literacy hour and all its ingredients that the spoken word—oracy—was somehow sidelined and lost. No doubt the Minister will give us chapter and verse in her reply about all the things we are doing but I want all those things to happen in every school; I get the feeling that that is not the case.
To reiterate what the noble Lord, Lord Watson, said, there are four things. We want to raise the status and priority of spoken language in education. We want to equip teachers in schools to develop their students’ spoken language. We want to make children’s spoken language a key pillar of education recovery after Covid, which we will hear about in a minute. We want to ensure that children with speech, language and communication needs are adequately supported, as in the point that my noble friend Lady Brinton made.
First, I want to say a few words about Amendment 171J in the name of my noble friends Lord Watson of Invergowrie and Lady Blower. It is such an important amendment because it highlights the need for the Government to report on the level of spoken language and communication ability in academies, independent schools and maintained schools. I do not know whether I need to declare an interest but my husband is a former director of campaigns at the Royal College of Speech and Language Therapists, so I am very familiar with some of the issues.
My noble friend Lord Watson did a fantastic job of explaining why this issue matters. I pay tribute to his work, not just on this amendment but in this area more generally. He made the case very powerfully and both his amendments raise a vital issue. We would like to see it properly considered by the Government and look forward to the Minister’s response. We are hopeful that she can say something positive.
Amendments 171N, 171O and 171Q, in the names of my noble friend Lady Whitaker and the noble Baroness, Lady Brinton, would require the reporting and recording of bullying based on protected characteristics, the provision of information to parents and the sharing of that information in the interests of the welfare of the child. We support my noble friend and the noble Baroness in their amendments and feel that they would assist us in tracking what is going on and enabling us to do something about it. Their amendments would go a long way to help address and prevent bullying, especially that directed against minority groups and particularly, as they said, the GRT community. That is probably now the least well recognised form of racism that we see, sadly, in schools.
Our Amendment 171L would require the Government to consult on and launch a children’s recovery plan, including breakfast clubs, music and drama, small group tutoring and other measures that I will not bore the Committee by reading out; they are all there in the amendment. So far, the catch-up measures that the Government have introduced have either not worked in the places where they are needed most, such as the tutoring programme in the north of England, or have been so far short of the scale of intervention needed that they have resulted, as my noble friend Lord Watson said, in the resignation of the expert brought in to advise the Government.
(2 years, 5 months ago)
Lords ChamberI was slightly diverted there. I am going to be very brief. I am diverted because—is Amendment 123 in this group? Yes, it is.
I will perhaps ask the Minister a question. Any teacher who is teaching children in a school has to have disclosure and barring clearance. Regarding the practice—and I do not complain about this—where some home educators use teachers either to teach their own children, not all the time but occasionally, and maybe a group of children, presumably those teachers have to also have safeguarding qualifications. What I am trying to say in this amendment is that there are cases—and this actually was raised with me by some home educators—where, for example, and I think this is very good practice, the children will meet other adults who are not qualified teachers but have particular expertise in a particular area to instruct or teach their children. What this amendment seeks is to ensure that those adults also have safeguarding clearance. I do not know what the current situation is on that.
I also want to respond to the point in Amendment 129, which my noble friend Lord Addington signed. This is the issue which I still struggle with. For those pupils who are permanently excluded from school—and in the vast majority of cases they are young people with special educational needs—if there is not a pupil referral unit on the site of the school, they get moved to an alternative provider. As we have discussed, I think in Written and Oral Questions, many local authorities, often because there is a shortage of places or because they have not got the money, look for the cheapest provider. I had a meeting yesterday with Ofsted, which told me—I was absolutely horrified by this—that one unregistered provider charges £50 a day plus taxi fares, including the £50, almost just to look after that child. That child could have special educational needs, so this cannot be allowed to go on. We need to take a firm hand. I am sort of having a second go at this, because I was chairing the session today at the All-Party Parliamentary Group for Education. The Minister on special educational needs spoke about this and I was very reassured, but hoped I could be reassured from our Minister on this issue as well. Other than that, that is all I want to say.
I do not want to repeat much of the good stuff that has been said, but I shall just mention our Amendment 128, which amends Clause 48 on sharing data between local authorities when a child moves. We are just pointing out that we must have regard to child protection and the safety of their parents when this is done. We are concerned that, where there are circumstances in which a parent is moving as a consequence of domestic violence or is a victim of or witness to crime, that they are protected. To be absolutely clear, we want to make sure that information can be shared, and that it can be shared safely and quickly.
On Amendment 129, about the support provided by local authorities to children with special needs or disabilities, we are very interested in supporting this. We take the points raised on time limits and school days and would be sympathetic to any reasonable amendments along these lines at Report.
I was not going to speak on this group, but I am now. My noble friend Lady Brinton is right: the tone is really important; we underlined that in previous debates.
I am very nervous that we said right at the beginning—I think there was agreement across the Committee—that this was about protecting the vulnerable and ensuring the rights of children. I guess that all noble Lords here have been bombarded with emails from home educators, and we must be careful that we do not believe everything that they tell us. As the noble Baroness, Lady Kennedy, was talking, I received an email giving a completely different view about how some home educators are suing one other over what they said; some are being told to be quiet. The noble Baroness mentioned a couple of organisations, but, for some people, there is more at stake here. We must remember—I repeat this—that the vast majority of home educators are doing a fantastic job; they want support and to work together. If we ramp up the fear that they will be threatened, they will feel threatened. We should try to ensure that they completely understand what we are trying to do to support them and their child.
My Lords, we are respectful of the right of parents to educate their children at home, but we cannot agree that this clause should not be part of the Bill. There are clearly important measures that we support quite strongly and want to see enacted. We support the principle of a register. However, there have been some helpful suggestions for improvement—particularly on new Sections 436C and 436D(2), inserted by Clause 48—and the Minister has committed to go away and consider those further.
On the issues around data we raised in relation to Amendment 128 in an earlier group, having thought about what the Minister said and the issues raised by the noble Baroness, Lady Kennedy, and other noble Lords, I think it is worth some further consideration, because clearly there are risks and we would not want to rush into anything that would cause more problems. We hope that, with some improvements, this clause will be a helpful and necessary change that will safeguard children. It is not about forcing children back into school; it is about balance between freedom to decide and safeguarding.
On the comments that we have just heard from my noble friend, this Bill is not ready for Report. We do not think that the Government will have time to reconsider some of the issues that have been raised. It would seem appropriate, given everything that has been said, for us at least to wait for the regulatory review to be completed before we take this Bill to Report.
(2 years, 5 months ago)
Lords ChamberMy Lords, the right reverend Prelate the Bishop of St Albans is right that parents should have the right to choose the educator for their children, whether they choose a voluntary aided school, a maintained school or an academy, or to home educate. I would be extremely concerned if they chose an unregistered school which in many cases would fail an Ofsted inspection every day it was inspected because of some of the practices that go on, but we do not know that because we do not have that information.
We probably all agree, including in respect of the amendments that I have put down, that we need to take a chill on this and think it through carefully, because I can see that there are issues here. We need to know what the real information is that we want, and why we want it in the first place. But let us not kid ourselves that it is just about this. For example, parents give all sorts of data when they apply for a school—far more detail than some of the requests that are in this Bill. Voluntary aided schools, for example, will ask the faith of the family. Why do they ask that? In a Catholic-run school, for example, they will have a percentage of children who are non-Roman Catholic who can take up places, and that is why they want that information. I make no comment on whether that is right or wrong.
Believe it or not—and I am not particularly keen on this—individual schools, even primary schools, have informal application forms that parents fill out. I remember only a few years ago that one of the questions on the informal application form was what the occupation of the parent was. There is a whole gamut of information out there and we need to rein some of that in.
My final point is that we must ensure that when we have had this pause and perhaps reflected on what we really want, this data is not retained at the end of a child’s schooling. The notion that the data is retained by schools or local authorities is not very helpful. That would be my concern.
I turn to my Amendment 103. I have never really understood this issue, in the sense that when I was first a head teacher—I was head teacher of two schools—you had to collect a unique pupil number. Why? So that when a child moved to another school, perhaps if they moved house, their parents moved jobs or they just did not like the school they were at, you could know that they were in a secure situation. This was brought in by the Blair Government. I never understood why we did not know how many children were in schools when we had this unique pupil number.
This came home to me when I had a pupil who, for all sorts of reasons, left the school I was at. The local authority contacted me and asked, “What happened to pupil X?”. I said, “Well, his parents told me that he’s gone to this school, and I have contacted the school and given it the unique pupil number”. The school never received the pupil, and nobody knows what happened to the unique pupil number. We have to think through what we really mean by that and how it will work.
If we want to have a proper system, it has to involve us being able to follow the pupil’s education—not in any way spying, but making sure that the pupil is, first, getting educated and, secondly, being safeguarded.
I do not want to rehash everything that has been said. I think that most noble Lords who have spoken support this idea in principle and want to see it work, so I hope the Minister takes what I am about to say in that spirit.
I think that this is really sloppy, particularly when you are talking about something that could lead to imprisonment. I have done a lot of justice Bills, and I do not think I have ever seen anything quite like this where, in new Section 436C(1)(d), parents are asked to provide
“any other information that may be prescribed”,
then, in new subsection (2), the local authority register
“may also contain any other information the local authority consider appropriate.”
That is limitless at that point.
The Bill goes on, in new Section 436D(2)(c), to say that the onus is on the parent to inform the registering authority—the local authority—of any changes to this information, which could be anything, as yet to be decided,
“of which the parent is aware”.
That is vague. Who decides whether the parent should be “aware”? How do you know that the parent is “aware”? That needs to be tidied up.
The Bill goes on to say that, should the parent fail—forgetting whether or not we can evidence whether they were “aware”—to provide something that is totally unspecified in the Bill, they can be fined and there can be an order that their child must attend school; they can decide which school. The parent can also be imprisoned for up to 51 months. I think it is pretty extraordinary that we are being asked to agree to an imprisonable offence—which we might well agree to if this was better drafted—when a parent is being asked to provide information that is unspecified. I do not think that is acceptable.
If the Government want to proceed with this, they need to think hard about new Section 436C in particular, because I can see that causing real problems in court should it need to be interpreted. It would be very helpful if the Government could have a rethink about this or, at the very least, if the Minister could say at the Dispatch Box, maybe this evening, what she thinks a parent who is “aware” looks like, because this will be looked to by a court that wants to understand the intention of this, should it need to. Does that mean a council has written to that parent? Would that be sufficient to then commence this whole series of interventions that could, as I say, lead to the imprisonment of a parent?
It is no good the Minister standing there and saying. “This will hardly ever be used; it will be an exceptional circumstance”, because we are here to consider those circumstances. If that circumstance should be a very rare thing, we need to know the circumstances that would lead to it, rare or not. Being asked to agree to including in the Bill
“any other information that may be prescribed”
is very troubling to us. So we support the idea of a register and want very much to support the Government in what they are trying to do but we cannot just let this matter go, given the slack way in which the legislation is currently drafted.
(2 years, 6 months ago)
Lords ChamberMy Lords, I thank Josh MacAlister and his team for their hard work and commitment on this piece of work. We must recognise the commitment of the social workers, support workers, foster carers, children’s home staff, youth workers and everyone else who devotes their lives to providing safety and stability to children who are in need or whose own families are unable to care for them. We on these Benches welcome the review’s conclusion: a total reset of children’s social care is now needed.
I remember serving as lead member for children’s services in Darlington and spending time with our looked-after children, visiting our children’s homes and, back in 2007, having a very strong sense that these children are a priority for local agencies and that their futures are our responsibility as corporate parents. I do not think there has ever been a golden age for us to look back at, but it is unarguable that pressures have grown and services have come under more and more strain over the last decade.
MacAlister’s conclusions must make us all wake up to what has been going on in every community up and down the country. Looked-after children are our children, and we are failing them. Over the last 12 years, we have seen the number of children living in poverty rise to 4.3 million. We have also seen the number of looked-after children increase continually, up by a quarter since 2010. The number of Section 47 inquiries, where a local authority has cause to suspect that a child is in need, has gone up by 78% since 2011. Half of all children’s services departments have been rated inadequate or requiring improvement. At the same time, vacancy and turnover rates for children’s social workers are increasing and outcomes for care-experienced children and young people are worsening.
There are many reasons for this, of course, but we have to ask ourselves how, against this backdrop of failure, the 10 biggest private providers of children’s homes and private foster care placements made a jaw-dropping £300 million in profit last year. Where have the early intervention and prevention services gone? We warned that the decimation of Sure Start would have deeper, long-lasting impacts that would cost us socially and economically. Other local authority-led services that would have identified problems sooner have faced cuts too.
Time and again, we all agree that these services are vital—yet the Government do nothing to protect them. I must refer the House to the work led by my noble friend Lady Armstrong of Hill Top, who has been making these arguments for as long as I can remember. Perhaps if she had been heard by the Government, the MacAlister report could have been different and outcomes for children so much better.
We welcome the review’s focus on restoring early help to families so that many more children can be supported to remain and to thrive with their own family, on supporting kinship carers and on seeking to ensure that every looked-after child can build lifelong links with extended family members. We also welcome the review’s clear statement that:
“Providing care for children should not be based on profit.”
The law recognises childhood as lasting until the age of 18, so it is shocking that the Government have continued to allow children to be placed in unregistered children’s homes and other completely unsuitable accommodation. The review says that this must stop, and now.
Nothing the Government have revealed so far answers the review’s demands. Successive piecemeal announcements are yet further indication of what the review describes as
“a lack of national direction about the purpose of children’s social care”.
We agree. The Government do not seem to grasp the depth of change that the review requires, at scale, across the whole country.
We would like to see a firm date for publication of a comprehensive response to the review and a detailed implementation plan. Does the Minister think there will be a need for legislation? We note that nothing was suggested in the Queen’s Speech.
How will the announcement of early-help investment in a handful of additional areas ensure that services are available in every single area of the country so that every family needing help can be supported? Will the Minister agree, as the review demands, to investigate profiteering in children’s social care? How will the Government ensure that the voices and experiences of children are always at the heart of children’s social care? Will she guarantee that the workforce, who are the backbone of children’s social care, are fully respected, engaged and involved as reforms are implemented?
This review represents an opportunity to deliver the total reset needed in children’s social care. It is an opportunity that must not be missed.
My Lords, we too very much welcome this review and thank all those involved in presenting it to us. I associate my remarks with all those people involved in working with children and families at all sorts of levels; they do an amazing and fantastic job.
The Independent Review of Children’s Social Care provides an opportunity to unlock potential for recognising that loving relationships and supporting kinship networks lead the way to sustainable and ideal solutions for children in social care. Her Majesty’s Government’s response focuses on providing foster carers and social workers with more support but does not address the supporting of children themselves. This review is a wake-up call to Ministers who, after a series of reviews, must finally address the scale and severity of the challenge to provide adequate support to those who rely on us. The report recommends injecting a minimum of £2.6 billion into the care system over the next four years. Will the Minister reassure us that the Government will commit to this kind of important investment?
The Government’s response so far does not address the discrepancy between care-leavers and the continuing success of the individual throughout their life. Every child, no matter where they live or what their circumstances, deserves a great start in life so that they can have the support, relationships, skills and knowledge needed to succeed. We on these Benches believe in young people being allowed to stay in care until the age of 25, as well as increased financial resources through expanding the bursary for those leaving care from £1,000 to £2,000, access to mentors and support networks. We champion bridging the gap between care and a fulfilling adult life in a way that current government policy does not meaningfully address.
Furthermore, Her Majesty’s Government’s proposed policy places the onus of finding care providers for vulnerable young children on the relevant local authority while underfunding those very same councils. The providers in the private sector are charging exorbitant rates—£4,000 a week—for inadequate care, knowing full well that there is a shortage of care providers. The predictable outcome is that the authority finds care from the lowest bidders, often unregistered providers with no quality assurance of care.
Young people are the future of our nation. How can we be content to allow such a situation to continue? Can the Minister give an assurance that the Government will stop these vulnerable children and young people going into inadequate, unregistered care provision? We welcome many of the review’s recommendations, including a renewed emphasis on supporting families, financial allowance to parental and kinship carers at the same rate as foster carers, and providing parental leave to kinship carers. This will support our nation’s most vulnerable young people while allocating funds towards those who are best able to support them.
Without the resources and proper structures of support, children will continue to be placed in unregistered care situations, which can of course be incredibly harmful. It is of paramount importance to use this report as a springboard for sustainable and meaningful change for those who deserve a safe and purposeful upbringing.
We talk about levelling up but, if we are actually to make any meaningful changes, we need to deal with the root causes of what these children and families often find themselves in. It is about making sure that we tackle poverty and provide the best educational opportunities. It is about making sure that families in the most disadvantaged communities are supported.
Finally, I remind the House that we have a Select Committee looking at the Children and Families Act, chaired by my noble friend Lady Tyler. Many of these issues are being discussed in that Select Committee, so I welcome that opportunity as well to highlight these important matters.