School Census: Pupils’ Nationality

Baroness Evans of Bowes Park Excerpts

Wednesday 12th October 2016 Lords Chamber

[Baroness Lister of Burtersett (Lab)]

My Lords—

[The Lord Privy Seal (Baroness Evans of Bowes Park) (Con)]

My Lords, it is the turn of the Cross Benches, and if we have time, Labour.

[Lord Singh of Wimbledon]

My Lords, I can understand that such information may possibly be of use educationally, but can the Minister explain why and for what purpose that same information is given to the Home Office?

Children and Social Work Bill [HL]

Baroness Evans of Bowes Park Excerpts

Monday 11th July 2016 Grand Committee

Moved by

[Baroness Evans of Bowes Park]

121: After Clause 14, insert the following new Clause—
“Child death reviews
After section 16L of the Children Act 2004 (inserted by section (Interpretation) of this Act) insert—“Child death review partners for local authority areas16M Child death reviews(1) The child death review partners for a local authority area in England must make arrangements—(a) for the review of each death of a child normally resident in the area;(b) for the analysis of information about such deaths generally.(2) The purposes of a review or analysis under subsection (1) are—(a) to identify any matters relating to the death, or the deaths generally, that are relevant to the welfare of children in the area or to public health and safety, and(b) to consider whether it would be appropriate for anyone to take action in relation to any matters identified.(3) Where the child death review partners consider that it would be appropriate for a person to take action as mentioned in subsection (2)(b), they must inform that person.(4) The child death review partners for a local authority area in England must, at such intervals as they consider appropriate, prepare and publish a report on—(a) what they have done as a result of the arrangements under this section, and(b) how effective the arrangements have been in practice.””

[Baroness Evans of Bowes Park (Con)]

My Lords, I shall speak to Amendments 121 to 125, regarding child death reviews in the multiagency local safeguarding arrangements. These proposed new clauses require the child death review partners—the local authority and clinical commissioning groups in a local authority area—to carry out a review of each death of a child normally resident in the area. They will be required to analyse the information obtained from child death reviews to identify issues that are relevant to the welfare of children in the area or to public health and safety and, in doing so, to consider whether it would be appropriate for anyone to take action in relation to any matters identified.

Amendment 122 will enable the child death review partners to request information and enforce compliance from any person or body in pursuance of their functions. Amendment 123 will allow child death review partners to agree to make payments to support the joint working arrangements which they are establishing for the reviews. Amendment 124 will allow the child death review partner areas to be made up of more than one local authority area, where there is more than one local authority or clinical commissioning group. This proposed new clause will allow the relevant child death review partner to delegate the review functions to one local authority or one clinical commissioning group. This is a practical provision, which enables the child death review partners to utilise more streamlined arrangements in a manner which they consider would work best for their area. These proposed new clauses do not change the individual existing responsibilities of each partner to exercise their functions with regard to child death reviews.

Amendment 125 will require child death review partners to have regard to any statutory guidance issued by the Secretary of State in regard to their functions. I believe that the partners will find guidance of this sort helpful in aiding their decision-making.

The death of any child is a tragedy, whether it is as a result of a health condition, an accident or abuse and neglect. Parents and the professionals who support them through this extremely difficult time will want full details of what happened in their case and to know whether anything could have been done to prevent this death happening. England was the first country in the world to put in place arrangements that provide comprehensive understanding of the causes of child deaths, and we need to build on the knowledge that we have gained so far. Collating and analysing information locally and sharing between areas are vital steps to help us to understand why children die.

In May this year the Government published the Wood review into the role and functions of local safeguarding children boards and child death overview panels. The review found that over 80% of child deaths have medical or public health causations, but the gathering of data on child deaths and the analysis of them is incomplete and inconsistent. As a result there is a gap in our knowledge, and professions are not sufficiently extracting learning from the data that are available in order to reduce the number of child deaths each year.

These new clauses bring the two key child death review partners together and place upon them equal responsibility to work together. They will enable health partners to continue to support the analysis of information on health-related child deaths at local and national level. Hospitals of course routinely analyse the data on child deaths. Local authorities need to be partners to ensure that factors relating to public health and safeguarding are similarly identified. This will also allow local authorities to promote learning and dissemination within their local area. For these reasons, the Government believe it is imperative that child death reviews remain on a statutory footing to secure the best outcomes for all children. I beg to move.

[Baroness Hughes of Stretford (Lab)]

My Lords, I have a question about these clauses, which are generally welcome. The more information we have about child death comprehensively, the easier it will be to take any necessary action. As I read the clauses, however, although I may have missed something, I cannot see what the review partners will be required to publish. Subsection (4) in new Clause 16M of the Children Act 2004 in Amendment 121 says they must,

“prepare and publish a report on … what”,

the partners,

“have done as a result of the arrangements … and how effective the arrangements”—

which I take to be partnership—“have been”. However, I can see nothing in here about the kind of analysis that the Minister was just referring to—the kinds of deaths that have occurred, for what purposes, the demographic and other characteristics of the children and so on. Could she enlighten us about what will be required in terms of general access to the information that has been collected here?

[Lord Hunt of Kings Heath]

My Lords, I would like to add another point. Here we are talking about child death review partners, and in the previous debate we were talking about safeguarding partners. I wonder if this is a concept that might be used with regard to the earlier part of the Bill relating to corporate parenting. The Minister will know that we had amendments to Clauses 1 and 2 around corporate parenting, the argument being that in order to discharge corporate parenting roles properly the local authority needs the support of core partners in the local area, including the health service and other agencies. I think we have all agreed that nothing should be done to dissipate the role of the corporate parent by, if you like, detracting from the local authority’s responsibility. However, I wonder if the concept of safeguarding partners and death review partners is an approach that we might consider. I realise that this is not the point to discuss corporate parenting, but it is an interesting concept that we might think about when we return to the subject.

[Baroness Evans of Bowes Park]

I thank noble Lords for their interventions. Perhaps I can take away the comments from the noble Lord, Lord Hunt. In answer to the noble Baroness, Lady Hughes, the child death review partners will be required to publish information on what more local authorities and CCGs can do to prevent deaths, including analysis and data. I am happy to come back to her with some further information following this discussion.

Amendment 121 agreed.

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[Baroness Pinnock]

My Lords, I shall not repeat what many other noble Lords have said about whistleblowing, but confirm that we on this side totally support what has been said and the amendments that have been tabled.

[Baroness Evans of Bowes Park]

I am grateful to the noble Lord, Lord Wills, for these amendments and to noble Lords for their contributions. I assure noble Lords that whistleblowing is an important issue and one that we are taking very seriously. Every child deserves to be safe, and those organisations entrusted to protect our children must work as effectively as possible to achieve that.

Registered social workers work with some of the most vulnerable people in our society, supporting children, adults and their families, often at the most difficult times in their lives. It is important that registered social workers and other employees work in a culture of openness, where they feel confident to speak out when they are concerned about the practices of their employing organisation. They should be able to raise concerns free from fear and victimisation, as the noble Baroness said, with processes and procedures that encourage, support and protect employees when they do so. Disclosures can help to improve the services provided to children, adults and families and safeguard the vulnerable from abuse and neglect.

With regard to Amendments 127 and 137, I agree with the principle that there are clear expectations on local authorities and other public bodies on whistleblowing issues related to child protection and social work. We have a framework of employment protections for whistleblowers and I agree that it is important that employers should act in accordance with that. The coalition Government reviewed the statutory framework in relation to whistleblowing in 2014, following the report of the whistleblowing commission, as the noble Lord said, and the Government’s call for evidence on the matter. The Government concluded that the right balance was to be struck by guidance and a non-statutory code of practice, rather than a statutory code of practice recommended by the commission. The Government published that guidance and statutory code in March 2015.

I am afraid to say to the noble Lord that we are not persuaded of the need to reopen this question in the context of the Bill. If the noble Lord has concerns about the practices specifically of local authorities and public bodies that provide children’s services and employ social workers, we would be happy to consider them. There may be more that we can do, for example, to draw our guidance to the attention of those bodies and ensure their compliance with it.

In relation to the question asked by the noble Earl, Lord Listowel, we confirm that whistleblowing protections in the Employment Rights Act apply to all employers, both private and public.

On Amendments 128 and 138, I share the noble Lord’s concern that those who make a protected disclosure under the Employment Rights Act should not suffer adverse treatment in their current employment or their future career. I understand that some workers have been concerned that whistleblowing may lead to them being placed on some form of informal blacklist that will prevent them getting other employment in the sector. We would be extremely interested in any evidence of that happening and would be very concerned if it was found to be the case.

As the noble Lord and the noble Baroness, Lady Wheeler, mentioned, provision has already been made to protect job seekers in the National Health Service from such discrimination, following the report into whistleblowing in the NHS undertaken by Sir Robert Francis QC, Freedom to Speak Up.

I believe that the Department of Health will shortly be consulting on the necessary secondary legislation. We will be interested to see the issues raised during that consultation. Together with any examples of whistleblowers who have suffered in this way in children’s services, this will inform our consideration of any case for future change. I have asked Department for Education officials to work with colleagues from the Department for Business, Innovation and Skills and the Department of Health, and to contact the noble Lord to discuss further the issues arising from these four amendments.

Although I understand that some of my response will not be welcomed by the noble Lord, Lord Wills, I hope he sees that we are taking action and will take further action, and therefore feels able to withdraw his amendment.

--- Later in debate ---

[Lord Watson of Invergowrie]

My Lords, I will speak to Amendment 133ZA in this group, in my name and that of my noble friend Lord Hunt of Kings Heath. Clause 17 outlines the consultation process that local authorities and the Secretary of State must undertake before an authority makes an application to exempt or modify legislation in order to test a different way of working. This is a probing amendment to explore how a requirement could be placed on a local authority to consider how such an application could affect the needs of children with special educational needs and disabilities, in addition to consulting local safeguarding boards.

There are concerns that legislation meeting the definition of children’s social care legislation in Clause 19 which can be subject to exemption or modification includes any legislation specified in Schedule 1 to the Local Authority Social Services Act 1970 that relates to those under 18. As drafted, this covers more than 40 pieces of legislation mentioned in that schedule. The Bill could therefore allow exemption or modification of a wide range of social care support that children with SEND currently rely on. Indeed, those with SEND constitute the vast majority of children in need as defined under Section 17 of the Children Act. This group is disproportionately likely to be impacted by exemptions or modifications to children’s social care legislation. However, there is no mechanism explicitly to consider the impact on this group of changes to legislation.

Section 3 of the Children and Families Act 2014 will also be impacted by the Bill, with implications for those receiving social care and health provision as part of an education, health and care plan. Much of this impact could be unintended or unforeseen without specific measures being taken to identify them proactively. There is also the issue of a postcode lottery and creating parallel systems by granting some areas exemptions from the general law. So there is a real need for local authorities to conduct a review of the potential effect of different ways of working on the authority’s ability to meet the needs of children with SEND. It would be helpful if the Minister could give an assurance that some groups will not be prioritised over others if a local authority were to be exempted from some elements of the current provision.

[Baroness Evans of Bowes Park]

My Lords, Amendments 132A, 133A, 133B and 133ZA would amend the consultation, application and reporting requirements that already support the proposed power to test new ways of working. I should say from the outset that our response to the Delegated Powers and Regulatory Reform Committee, which was mentioned earlier and which evidently noble Lords have not seen, proposed putting forward a government amendment which provides for the laying of a statement every time the power is used in Parliament, with any regulations made, explaining how any change is expected to meet the purpose of the power—better outcomes for children and young people—and the protection that a local authority making an application to use the power intends to put in place. I hope that this move will address many of the concerns raised by noble Lords. We certainly believe that such statements will help the House if and when it comes to scrutinise any orders under Clause 15. None the less, I will say a few further words on consultation and reporting.

Clause 17 sets out proportionate expectations of consultation for both the local authority and the Secretary of State. For the local authority, this would mean consultation with health agencies, the police and others; for the Secretary of State, it would mean the Children’s Commissioner and Ofsted. The Secretary of State may also consult such others as she considers appropriate in each individual case. I am confident that, according to the freedom requested, the appropriate persons or bodies will be consulted to ensure that the right decision is made and that, where appropriate, the needs of children with special educational needs will of course be taken into account. But each decision needs to be made on a case-by-case basis; we are not persuaded that standardised, formal consultation would be appropriate. However, we would expect the statements that I have already described to deal with the outcomes of consultation. Of course, the reports would be made available to the public, as would the orders made—which I feel addresses the question of making public any changes made under Clause 15.

Finally I will say something about the annual report that is proposed. We entirely agree that tracking and capturing the progress of exemptions should take place. This will be crucial in coming to a view on whether lasting changes should be made to children’s social care legislation. We will be evaluating the use of the power, and noble Lords will note the requirement to report on how far changes have achieved their purpose if the initial testing period is to be extended. If it is not extended then of course things will revert to the previous position. This seems to be a way to achieve the same objectives in a more proportionate way than an annual review.

I also make the point, as highlighted by the noble Baroness, Lady Howe, that Ofsted will inspect and report in the normal way, providing another valuable source of public information. I hope that on the basis of our proposal to bring forward amendments, noble Lords will not press theirs.

Children and Social Work Bill [HL]

Baroness Evans of Bowes Park Excerpts

Wednesday 6th July 2016 Grand Committee

In a wider sense, it is essential that those who take on responsibilities for promoting the educational achievement of looked-after and previously looked-after children and young people are trained in awareness of the various needs those children may have, whether speech, language and communication, autism or physical disabilities. Whatever a child’s needs, it is the duty of the local authority to ensure that those needs are met. Clearly, no single person can cover any more than one of those needs in full, so there must be collaboration with neighbouring schools where necessary to ensure adequate provision. The child’s needs are paramount, and that must always be so.

[Baroness Evans of Bowes Park (Con)]

My Lords, I shall speak to Amendments 80 to 85 and Amendments 88A and 88B.

Amendments 80 to 85 seek to ensure that the virtual school head and the designated teacher for looked-after and previously looked-after children are trained in awareness of speech, language and communication needs. I am grateful to noble Lords for these amendments. As the noble Lord, Lord Ramsbotham, said, we discussed the importance of speech, language and communication skills to children’s development in our previous session.

Children who are looked after or who were previously looked after are particularly vulnerable to having poor speech and language as they often will not have had parents who helped maximise their communication skills and development. Early identification is essential so that the right support is in place as soon as possible. Our vision for children and young people with special educational needs and disabilities, including those with speech, language and communication needs, is the same as it is for all children and young people. We want them to achieve well in their early years, at school and in further education, to find employment, to lead happy and fulfilled lives and to experience choice and control. That is why we introduced a new early years progress check in 2012 for children at the age of two as part of the reformed early years foundation stage. This is helping to pick up potential difficulties early to ensure that support plans are put in place for tackling them.

As I explained when discussing Amendment 30, the Children and Families Act 2014 introduced a requirement for local authorities to publish a local offer of services across education, health and social care for children and young people with special educational needs or disabilities. We expect these offers to include details of services to meet speech, language and communication needs, and details of how they can be accessed.

While I fully sympathise with the noble Lord’s intentions, we are not convinced that we need to prescribe in legislation that every virtual school head and designated teacher must have training on this issue. Designated teachers, like all teachers, will have covered identifying and responding to all children’s needs, including speech, language and communication needs, as part of their initial teacher training. The National College for Teaching and Leadership has also produced a series of online training materials for teachers with a focus on the most prevalent forms of SEN. That includes a module on speech, language and communication needs.

As I explained during our previous session, we are also funding the Communication Trust, a consortium of more than 40 voluntary and community-sector organisations working in the field of speech, language and communication to build on existing resources and programmes to ensure that practitioners working with children and young people up to the age of 25 are supported and helped to meet their needs and, as the noble Lord said, to ensure consistency of practice.

The noble Baroness, Lady Bakewell, mentioned the figure I referred to in the previous session relating to this element. We have increased funding for SEN support as the population has increased. We announced an additional £92.5 million in December 2015 for the high-needs element of the dedicated school grant for SEN provision. The £650,000 that I mentioned was only part of the £130 million that we have allocated between 2014-15 and 2016-17 for SEN implementation.

Most virtual school heads are also former teachers, and will have access to training provided by their local authority to ensure that they can effectively do their job and meet the needs of local children. Their role will not be to work directly with children but to work closely with those who will, such as the school’s designated teacher and SEN co-ordinator. Together, they will identify and support children with special educational needs, including those with speech, language and communication needs. However, in light of the discussions we had on our previous Committee day, we will go further and discuss with the National Association of Virtual School Heads whether we need to do more to make sure that their members and the designated teachers with whom they work have the necessary training in speech, language and communication need to ensure greater consistency of practice. I hope that in light of that, noble Lords are reassured and that the amendments will not be pressed.

On Amendments 88A and 88B, everyone who wants to and who has the ability to go to university, including, of course, care leavers and those who were previously looked-after children, should have the opportunity and be encouraged to do so. The rationale behind the amendments is about making sure that universities support those two groups of young people by publishing a range of data as well as prioritising their applications and supporting them financially and emotionally while they are studying. We know that the figures nationally for the number of care leavers going into higher education are lower than the average. As the noble Baroness, Lady Hughes, pointed out, 7% of care leavers aged 19 to 21 are in higher education, compared to around 30% for the same age group as a whole. While we entirely understand the aim of the amendments, we are not convinced that it is the best way to achieve that aim. I shall talk about the steps that we are taking in a number of ways.

Universities are independent and autonomous bodies, and are best placed to make their own decisions about how best to support their students. Many are supporting more vulnerable children to go to university than ever before. The independent Director of Fair Access has agreed 183 access arrangements for 2016-17, which include plans for universities to spend more than £745 million on measures to improve access and support the success of students from disadvantaged backgrounds. This is up significantly from the £404 million in 2009, and care leavers are a specific target group for access arrangements. Support for care leavers in access arrangements has grown considerably over the years, with around 80% of access agreements including specific action to support care leavers. There is a particular focus on supporting care leavers during the admissions process. Access activities referred to by institutions concerning care leavers in their agreements include subject-specific activities, pre-entry visits to institutions, taster sessions, summer schools and pre-entry attainment raising. One-third of institutions refer to undertaking long-term outreach activity with care leavers and looked-after children.

In addition, the Government have funded a National Network for the Education of Care Leavers, which provides HE activities and resources for care leavers, children in care and the people who support them. The Government are absolutely committed to widening access to higher education for students from disadvantaged backgrounds, and the HE sector takes its responsibilities in this area very seriously. That is why the Children Act 1989 places a duty on local authorities to promote the educational achievement of the children they look after, which is backed up by a requirement that every local authority must appoint a virtual school head. Statutory guidance on promoting the educational achievement of looked-after children makes it clear that their aspirations to go to university must be encouraged, nurtured and supported. Local authorities as corporate parents must provide financial assistance to the extent that the young person’s educational needs require it, including support for accommodation outside university term time. They must also provide a £2,000 higher education bursary.

Supporting previously looked-after children is important, too. We are extending the role of the personal adviser so that those key people have a role in providing information and advice in relation to previously looked-after children. Of course, the situation is different for young people who were looked after but who leave care through, for example, an adoption or special guardianship order. Those young people have parents and carers who will be there to support and encourage them as they consider and undertake higher education, in much the same way as young people who have never been in care. But we recognise that some of those young people may have ongoing issues stemming from the trauma of their early life experiences. That is why in April of this year we extended the upper age limit for access to therapeutic support funded by the adoption support fund from 18 to 21.

We are in a better place than we were a few years ago. As the noble Baroness, Lady Hughes, mentioned, since Buttle UK developed its quality mark for care leaver-friendly universities, their awareness of the needs of care leavers has increased and the Who Cares? Trust website, as the noble Baroness mentioned, is a hugely valuable resource for care leavers on the help available to them in individual institutions. Care leavers can succeed in university. In Hertfordshire, the virtual school head has confirmed that numbers going to university are growing, with 61 currently at university and a further 24 planning to go in the autumn, each of whom is the first in their families to go to university. She also confirms that four of their care leavers have won first-class honours degrees and expects notification of a fifth.

The noble Baroness, Lady Hughes, the noble and learned Baroness, Lady Butler-Sloss, and the noble Earl, Lord Listowel, talked about the importance of data. We have increased the age range of care leavers on whom we collect data from 19 to 20 and 21 year-olds and will be doing this in future for 18 year-olds, so that we know their destinations in relation to education and training. As part of our higher education reforms, the Government also are increasing the amount of data that universities will need to publish as part of the new teaching excellence framework, so that we can better see the progress of students and measure the quality of teaching. We also, of course, have set a challenging ambition to increase the number of disadvantaged young people going to university, which again will need to be monitored by clear data. I do not have the full datasets, but perhaps it would be helpful if I wrote to noble Lords to set out some of the new data that will be published and collected. I do not have the details here. On that basis and given that, hopefully, I have shown the seriousness with which we take this issue, I hope that the noble Baroness feels able to withdraw her amendments.

[Baroness Bakewell of Hardington Mandeville]

Before the Minister sits down, I thank her for her response but wonder if I could have some clarification. Given the Minister’s comments about teacher and SEN training including communication skills modules, is the assumption that personal advisers will all be drawn from the ranks of ex-teachers?

[Baroness Evans of Bowes Park]

No, that is not the assumption.

[Lord Ramsbotham]

My Lords, I am grateful to the Minister for that comprehensive response and to the noble Baroness, Lady Bakewell, for her comments. I also support the comments of the noble Baroness, Lady Hughes of Stretford, which came from a different angle, as it were, from the rest of the group, but nevertheless were very meaningful. As I said in respect of Amendment 30, the importance of having speech, language and communication needs assessed and treated is that unless they are, the children who are the subject of this Bill will not be able to understand or engage in any of the changes the Bill proposes. As I said in that debate, when we in the all-party group conducted our review of the link between speech, language and communication needs and social disadvantage, we discovered tremendous inconsistency all over the country, both in the understanding of what was needed and in the training of the people who were responsible for doing the assessing. We discovered, for example, that in Northern Ireland, the social services and the health visitors worked together very closely, but in other places the two were not connected. As I mentioned, we discovered in Walsall that continuous training was done throughout the secondary school stage, but that was rare elsewhere in the United Kingdom. In talking about children previously in care, we are talking about the needs of people who have slipped through the net much earlier.

Therefore, I am very concerned that the Minister should suggest that these amendments are not necessary; I think they are. She mentioned the Communication Trust, which is a considerable partner in the all-party group that I have with worked very closely. There would be considerable merit in the Communication Trust, the Royal College of Speech and Language Therapists and the ministerial Bill team having a discussion before we come to Report, so that hopefully, the Government can decide that they can include such a provision in the Bill, rather than our proposing amendments such as this. Such a provision is very important to the Government’s achieving their aim. I know from talking to both organisations that they would be very happy to do that, and I suspect that a number of noble Lords would like to be involved in that discussion.

[Baroness Evans of Bowes Park]

Before the noble Lord sits down, yes, we would be very happy to have an early discussion.

[Lord Ramsbotham (CB)]

I beg leave to withdraw the amendment.

--- Later in debate ---

[Baroness Evans of Bowes Park]

My Lords, I will respond to Amendments 91 and to Amendments 92, 94 and 96 to 98, which are grouped with it. These clauses address a number of topics, relating to maintaining a child’s relationship with the birth family or keeping them within that family, promoting the educational achievement of children living away from their birth parents, providing support to family and friends carers, reporting on the outcomes for vulnerable children and applying Clause 9 to cover Wales. I thank all noble Lords for raising several important points and for the moving and high-quality contributions that have been made.

Amendments 91, 92 and 94 all seek to maintain a child’s links with their birth family where they are unable to live with their birth parents. The Government absolutely agree that a child maintaining contact with their birth family wherever possible can provide continuity and stability at a time when other aspects of their life can be subject to uncertainty. Guidance under the Children Act 1989 and the Care Planning, Placement and Case Review (England) Regulations 2010 is clear that,

“wherever it is in the best interests of the child, siblings should be placed together”,

and that if siblings have not been placed together, arrangements must be made to promote contact between them if that is consistent with welfare considerations. On top of that, it is also set out in the regulations that arrangements must be made to promote contact with siblings unless it is not in the child’s best interests to do so.

No one could help but be moved by the contributions, particularly of the noble and learned Baroness, Lady Butler-Sloss, and the noble Baroness, Lady Tyler. However, we believe that the issue is not about what the law says. As the noble Baroness, Lady Hughes, said, it is about poor practice on the ground. Indeed, the noble Lord, Lord Watson, highlighted the findings of the Family Rights Group which further emphasise the issue. We have asked officials to meet representatives of the Family Rights Group to discuss its findings, and if necessary we will look to strengthen the statutory guidance in this area.

As for ensuring that grandparents are considered as possible carers at the point when adoption decisions are made, the law already provides for this in the Children Act 1989. Where courts and adoption agencies feel that there is a significant relationship between a child and their grandparents, they have the authority to consider a grandparent to be a “relevant person” and take that relationship into account. The noble Lord, Lord Warner, and the noble Baroness, Lady Bakewell, rightly raised the deeply tragic case of Ellie Butler. We welcome the fact that a serious case review has been carried out. It is absolutely vital that lessons are learned. That is why we are establishing the new Child Safeguarding Practice Review Panel, which we will be discussing later, to identify and undertake reviews of the most serious incidents that raise issues of national importance, so that learning from them can be properly understood and shared.

However, noble Lords will of course recognise that, as the noble and learned Baroness, Lady Butler-Sloss, said, unfortunately not every child will have an existing, positive relationship with their grandparents. That is why we do not believe that it would be the most effective use of courts’ and adoption agencies’ time to legislate that grandparents must be considered in every case. Rather, we believe that courts and agencies should retain the freedom to decide on a case-by-case basis whether a child’s relationship with their grandparents may be relevant, depending on the facts of the case.

Amendment 94 seeks to place a duty on local authorities, at the point when they feel that a child needs to enter care, to consider family and friends as potential carers for that child. Again, I wish to reassure noble Lords that the requirement for authorities to demonstrate that they have considered family members and friends as potential carers at each stage of the decision-making process already exists in the legislation framework. Section 22C of the Children Act 1989 makes clear that local authorities must give priority to parents, persons with parental responsibility and placements with local authority foster carers who are relatives or friends of persons otherwise connected with the child. We feel that this amendment would largely, if not completely, replicate the existing duty and practice that local authorities should already follow.

While on the topic of family and friends carers, I will address Amendment 97, which seeks to place a duty on local authorities to provide support services for family and friends carers of children who are not looked after. I reassure the noble Earl, Lord Listowel, that the Government fully recognise the invaluable contribution made by many family members and friends up and down the country who are caring for children. The Children Act 1989 sets out the duties and responsibilities of local authorities to support the needs of all children living with family and friends carers. Statutory guidance published during the previous Parliament strengthens these requirements on local authorities.

As noble Lords will be aware, because we have discussed this previously, family and friends care, or kinship care, covers a wide range of arrangements, both formal and informal. How kinship carers are able to access financial support depends on the individual circumstances of the carer and the child. Local authorities have the power to provide financial and other support to those looking after children in informal relationships following an assessment of needs. Statutory guidance on family and friends makes clear that children and young people who are living with relatives or friends should receive the support they and their carers need.

We do not believe that adding to the legislative framework will be effective in driving improved practice in this area. Rather, it is through ensuring that we have a highly skilled and expert children’s social care workforce that we can ensure that those in kinship care arrangements have access to the support they need. That is what we are trying to achieve through our social work reform programme. My noble friend the Minister has agreed to meet with the Kinship Care Alliance to discuss how we can support kinship carers and to discuss the range of issues that noble Lords have brought up during our discussions so far. That meeting will happen next week, and I am sure that this issue will be one of those that we discuss.

Amendments 96 and 98 seek to protect the educational and wider outcomes of vulnerable children. Amendment 96 seeks to place a duty on local authorities and schools to provide a virtual school head and designated teacher to all children living permanently away from their parents who are cared for by a family under a special guardianship order, a child arrangement order or an adoption order, where the child has not been in care.

Our intention with Clauses 4, 5 and 6 is to place a duty on local authorities to extend the duties of virtual school heads and designated teachers to support looked-after children who have left the care system under a permanent order. The aim is to ensure that children do not lose the support they received while in care when they move to their permanent family. This amendment would extend that support to a new group of children who have not previously been in care.

[Baroness Hughes of Stretford]

I was rather concerned about the wording of Clause 4 in extending the virtual head teacher role as it refers only to “advice and information”, so we made inquiries of the Bill team, who said that they envisage that the role of the virtual head teacher as applied by the Bill in relation to these new groups of children will be very light touch. In other words, it will be limited to advice and information on request. It will not consist of monitoring and targeting the progress of those children. Will the Minister confirm that that is the case? I do not think that that is clear, either in the Explanatory Notes or in the wording of the Bill. If that is the case, it does envisage a rather different—and, as I say, much lighter-touch—role for these groups of children. I am not sure that would be effective.

[Baroness Evans of Bowes Park]

For children who have left care and are now with a family, the noble Baroness is right, because obviously those children will have that family playing a role in a way that children in care would not. The virtual head and the designated teacher will be liaising with the family, but the family will obviously be playing a role, and a child in care will not have that family. This was covered in a group of amendments that we discussed in the previous session in Committee, so perhaps the noble Baroness would like to have a look at what I said then. If she has any further questions, I would be very happy to answer them.

Amendment 98 seeks to introduce a new clause that would place a requirement on local authorities to report on various outcomes for vulnerable children, such as those in need, looked-after children and others. It also asks the Secretary of State to publish an annual report on these outcomes. I hope noble Lords will be reassured to hear that the importance of reporting on outcomes is recognised by the Government. We have already placed a duty on local authorities to report information about children in need and looked-after children and their outcomes. Annual reports and statistical tables are produced and published by the Department for Education. These show a range of information about the outcomes of looked-after children and care leavers. Last year, for the first time, the national children in need census data also published factors identified by social workers in assessments of children. These included parental and child risk factors such as drug and alcohol misuse, mental health and domestic violence, among others. However, I am happy to inform the Committee that we will be reviewing our national data collections across government to make sure they are joined up and consistent and to make use of technological advances to ensure that we collect more timely data. I hope that these explanations and reassurances will allow the noble Lord to feel able to withdraw the amendment.

[Lord Watson of Invergowrie]

My Lords, this has been a stimulating debate with a number of excellent contributions. I should say to the noble Baroness, Lady Bakewell, that we are very much in agreement with her comments in speaking to her amendment, and also with those of the noble Lord, Lord Warner. We would be more than happy to accept Amendment 92. The noble and learned Baroness, Lady Butler-Sloss, quoting from her vast experience, made the case for Amendment 91 more effectively than I was able to do, and I am grateful to her for that. She spoke eloquently about the need to put siblings in the Bill. I think the remarks of the Minister, the noble Baroness, Lady Evans, were helpful in that regard and may have drawn some of the sting from some of the contributions. I do not doubt the Government’s intentions here, but there has to be something more than exists at the moment because, while I am delighted to hear that meetings are to take place with both the organisations she mentioned, the Family Rights Group and the Kinship Care Alliance, they are dealing with these issues on a day-to-day basis and so would not be as concerned if the issue of siblings was not a problem. We will be looking to see what comes out from what the Minister said about strengthening the statutory guidance. We will want to see that. I doubt that will be coming out before Report but, given that Report may be some time away, there may be some option. We perhaps could discuss it again on Report because it is an important issue, as the number of contributions suggested.

It is the same concerning grandparents. The Minister said that grandparents should not be considered in every case. I suppose that is right, but at the same time it may or may not be appropriate for them to be considered. Questions at least should be asked about whether there are grandparents, what the situation is and whether they can make a contribution to situations when the children are in need of care from a family member. This is just one of the groups that would be included in terms of the Bill, and it may be appropriate to return to this as well on Report, because the number of comments by noble Lords suggests that it is an issue that is seen as important.

On the other issues, briefly, I hear what the Minister says. We think they are important. She pointed to some areas where these issues are being covered to some extent but, in terms of the annual report, local authorities make annual reports to the Secretary of State. Maybe they are published, maybe they are just there, we cannot find them or we do not look for them, but it would be helpful to have that information made available. It would be helpful, if not every year, at least from time to time, to get a debate in either the House of Lords or in another place so that the figures could be placed year by year, side by side to see what progress is being made. That was the thinking behind the amendment; it was no more than that. We want to have the ability to see what is there, to question and to debate it. This has been a very good debate on a number of issues, and I beg leave to withdraw the amendment.

--- Later in debate ---

[Baroness Walmsley]

My Lords, I recall having some briefings about this issue in relation to a previous Bill in your Lordships’ House—I am afraid the name escapes me. It clearly is a real issue. As the noble Lord, Lord Hunt of Kings Heath, said, many of these parents are quite young and may not really understand the significance of what is happening when they agree to the voluntary placement, or the power of the status quo argument. Once the child is settled and there are no other reasons why the foster parent should not become the adoptive parent, it is unlikely that the court is not going to agree to the final adoption order. Particularly given the poor availability of legal aid for so many things these days, it is important that such parents are able to get advice, at the very least to make them aware of what they are agreeing to. If they then feel unwilling to agree, they need advice as to how to make their case to keep their child at home.

[Baroness Evans of Bowes Park]

Amendment 91A seeks to amend the Civil Legal Aid Regulations 2013 to provide parents with free legal advice when their children are voluntarily accommodated under Section 20 of the Children Act 1989 and the local authority wishes to put them in a foster for adoption placement. I understand the concern that parents need to have access to information and advice before they agree to their child being accommodated. The law is clear that a local authority cannot accommodate a child under Section 20 without the consent of a parent. The local authority must provide advice and information to parents to ensure that they fully understand the arrangements and give their informed consent. In addition, any parent can remove the child from the care of the local authority at any time. If individuals satisfy a means and merits test, they may be eligible for some funding for civil legal services, including initial advice about the nature of voluntary agreements. If the local authority later decides that a child should not return home and the best option would be to pursue adoption, the usual court process must be followed. It remains the case that a child cannot be placed for adoption unless the birth parents give their consent, or the court has made a placement order. That means that the court must consider the birth parent’s view before deciding that the adoption placement order is necessary. When a local authority informs a parent of the intention to initiate an application for an adoption placement order, they will become eligible for civil legal services, free of any means test, in the usual way.

I hope this explanation means that the noble Lord will agree to withdraw the amendment tabled by the noble Baroness, Lady Armstrong.

[Lord Hunt of Kings Heath]

My Lords, I am grateful to the Minister for her response and to the noble Baroness, Lady Walmsley, for her support. I thought the Minister was pretty encouraging, but clearly this depends on the local authority doing the right thing in ensuring that informed consent truly means informed consent, that the parents in the situations that she described have access to independent advice, and that that advice actually is independent. Clearly, there seems to be a gap between the legal guidance given to local authorities and the reality. I am sure that my noble friend Lady Armstrong will wish to consider that issue in due course, but I thank the Minister for her response. I beg leave to withdraw the amendment.

Children and Social Work Bill [HL]

Baroness Evans of Bowes Park Excerpts

Monday 4th July 2016 Grand Committee

[Baroness Howe of Idlicote (CB)]

My Lords, before I say a word on Amendment 32, it is extremely interesting how, as on the first day in Committee, fascinating bits of information from people’s background and knowledge of the whole of this area comes out, all of which is enormously valuable to those who are responsible for these Bills and this Bill in particular.

I support Amendment 32 in the names of the noble Lord, Lord Ramsbotham, and the noble Baroness, Lady Bakewell, because it states that the,

“guidance given by the Secretary of State must stipulate … the need to screen children … the need for those who work with … children … to receive training in awareness of speech, language and communication needs”,

and refers to,

“the need for appropriate support to be provided for those children and young people with speech, language and communication needs”.

Above all, I stress that there is a need to update regularly all those people who are in this position and working with these children in need. Although I agree that all children need attention and need us to be aware of how they are developing and of what particular skills that will be essential in their future lives they are lacking, nevertheless, it is those who are in this very important position who need to be updated and know exactly what is happening in this area. I am very much in support of everything that has been said on this group and I look forward to what the Minister will say.

[Baroness Evans of Bowes Park (Con)]

I thank all noble Lords who have contributed to this debate and start by addressing Amendments 30 and 32. Comprehensive legislation in this area is already in place and the local offer and support of personal advisers will strengthen existing arrangements. Under Section 22 of the Children and Families Act 2014, local authorities must identify all the children or young people in their area who have special educational needs or a disability. If needs are identified, a series of legal obligations will result in the local authority securing the necessary special educational provision. The statutory SEND code of practice sets out the detailed requirements on local authorities in relation to identifying and meeting special educational needs, including speech, language and communication. In addition, I reassure the noble Lord, Lord Ramsbotham, and the noble Lord, Lord Watson, that we expect details of services to meet speech, language and education needs—including how they can be accessed—to be included in the local offer, which every local authority is required to publish in consultation with children, parents and young people.

The department also funds a consortium of more than 40 voluntary and community sector organisations to support practitioners working in the field of speech, language and communication. The department recently extended the contract, awarding a total of £650,000 in 2016-17 to extend and strengthen the evidence base around SLCN, increase awareness of speech, language and communication needs, and build capacity in the sector so that it can indeed provide the support that all noble Lords feel is so important. Virtual school heads, working with designated teachers and special educational needs co-ordinators, should also identify the support that looked-after children need in speech, language and communication. I know that under further groups of amendments today we will discuss in more detail the role of virtual school heads.

--- Later in debate ---

[The Earl of Listowel]

My Lords, perhaps I may ask a quick question about SEN thresholds. I understand that recent legislation has raised the threshold for an SEN statement, the idea being that schools will have better capacity to meet the lower-level issues. I had a fairly low-level speech impediment and I am not sure that I would have qualified for a statement. I should like to be told whether that threshold has been raised and whether we are getting evidence that schools are able to meet the lower levels which are no longer being statemented. Perhaps the Minister would write to me or we could just have a conversation about it afterwards.

[Baroness Evans of Bowes Park]

I will do that.

[Lord Ramsbotham]

My Lords, I am grateful to the Minister for that reply, as I am to all those who have taken part in the debate on this group. I must admit that I am always nervous when I hear the phrase “comprehensive legislation is in place” because it reminds me that we are serving under what has been called the “management complex”. It may be all very well for people in Whitehall to lay things down and think that it is comprehensive, but a word that came up over and over again at Second Reading, as it is doing during Committee, is “consistency”. It is not a matter of laying stuff down; it is a matter of seeing that it is delivered consistently everywhere.

What worries me about much of this—about Section 22 and SEN and so on—is that it is all very well as seen from here but it will not be good enough unless it is reflected on the ground. I have taken note of what the Minister has said and I will come back on Report with some examples of inconsistency—that is, where it is not happening on the ground. It is very important that officials realise that rather than merely issue the instructions.

I am very pleased that the noble Lord, Lord Farmer, mentioned relationships. In young offender institutions where speech, language and communication therapists were introduced, the first thing that was noticed was an improvement in relationships. With that improvement, the whole atmosphere and the way that things were conducted in the institution improved. Somebody described it by saying that they were communicating with each other using the mouth rather than the fist. That was a pretty good basic description.

Had my noble friend Lord Northbourne been here, he would yet again express the concern he expressed to me that we hear an awful lot about corporate parenting but there is nothing about parenting skills themselves in this Bill. Those are hugely important, and at the basis of all the social work we are talking about. I am surprised that there is no mention of that in the Bill. I very much hope that may be rectified in government amendments that will install in the Bill some of the things the Government have assured us are in place. In the meantime, I beg leave to withdraw my amendment.

--- Later in debate ---

[Lord Hunt of Kings Heath (Lab)]

My Lords, this has been a persuasive debate. We have already had the evidence that my noble friend Lady Armstrong described from the social justice commission, which is all too depressingly clear on the plight of care leavers who become young carers. My noble friend Lady Massey referred to the Family Rights Group, which produced an excellent briefing detailing some of the challenges that young parents covered by these amendments have to face. I was particularly struck by the evidence that young parents often feel judged by their youth and background rather than their parenting abilities, and particularly that, where support has been provided to them, it has often been done in their capacity as young people leaving care and has rather ignored their roles as parents. This will be a very telling point when we come to the Minister’s arguments.

The amendments seem comprehensive. Amendment 61A would insert into the assessment of the needs of a former relevant child a reference to young parents, while Amendment 71A expands helpfully on the definition of young parents. Amendment 98AA would insert into the Bill a requirement for pathway plans to be provided for,

“looked after children and care leavers who are young parents”,

and Amendment 98AB would amend the Care Leavers (England) Regulations 2010 to incorporate support for young parents, so my noble friend has tabled a comprehensive package of amendments.

Rather like the right reverend prelate, the Minister may say that young parents are implicitly covered in the Bill. However, to come back to the point raised in the evidence we received from the Family Rights Group, is not one of the problems here that in these legislative terms care leavers are thought of as care leavers rather than as young parents? It seems that although the Minister may say that the provisions can be seen to apply to young parents, the fact is that sometimes there is a need to be explicit. There is sometimes an advantage in putting a specific requirement into the Bill. The point I put to the Ministers is that the case has been made today for such an explicit provision, and I am sure that we will need to return to this.

[Baroness Evans of Bowes Park]

I am grateful to all noble Lords for their contributions to this debate. Although I see the intention behind these amendments and the important issues that noble Lords have raised, we are not persuaded that they require prescription in primary legislation. I am reminded of the comments of the noble Baroness, Lady Howarth, earlier today and in our previous session that we should not overburden the Bill with matters best addressed by other means, particularly guidance.

As we have discussed at length, local authorities will appoint a personal adviser to those care leavers who want one, up to their 25th birthday. This brings with it the responsibility for the corporate parent to assess a young person’s needs and to prepare a pathway plan. This means that a wider group of care leavers will have their needs identified and responded to for a longer period, including those needs linked to parenthood.

--- Later in debate ---

[The Earl of Listowel]

My Lords, I thank the noble Baroness for her careful and thoughtful response, but I have a couple of questions for her. With regard to health visitors, I acknowledge the immense investment that the Government have made in the regeneration of the profession. However, is she aware that until recently central government has been funding health visitors and many more have successfully been recruited, but that has recently moved to local government responsibility. There has been concern that some local authorities may choose not to fund the service or to fund it less. One issue is how frequently health visitors can visit. I should like an assurance from the Minister that so far the news of that transition to local government funding is that health visiting services are continuing as they have before. She can write to me but I would appreciate reassurance on that point. There might be room for improved guidance in this area. There is clearly a struggle in prioritising how health visitor services should be used in this climate and how many visits can be made to families. I would appreciate an assurance that the guidance is explicit that a young care leaver should have at least four visits—I think the standard may be three or two at the moment. Something like that might be helpful.

Although I welcome the family nurse partnership model and the benefits that it brings through having a professional team around the family and not just the health visitor on her own, I believe that that is a fairly short intervention. Perhaps the Minister can let me know how long it lasts. Given the issues of continuity of care for this group of young people, I would appreciate more information about the duration of the family nurse partnership model and what provision is made to ensure a smooth transition to other services. Reassurance on that matter would be welcome.

[Baroness Evans of Bowes Park]

I am happy to write to the noble Earl with more detail and will circulate the letter to other Peers who have been here today.

[Baroness Armstrong of Hill Top]

My Lords, I thank the Minister for her reply. She talked about the intent of the amendments being covered in guidance. I will withdraw the amendment at this stage but, in doing so, I would like to be confident that the Minister will ensure that the House is able to consider the guidance before Third Reading.

--- Later in debate ---

[Lord Storey]

I shall speak to Amendment 86. The noble Baroness, Lady Massey, has been a worthy champion of PSHE ever since I joined the House of Lords. I thought that the battle was over when in reply to her question the noble Baroness, Lady Evans, said that yes, she thought that it was important that all schools taught PSHE. I raised my hand in the air thinking, “Great, we’ve got that”.

I was interested in the comment of the noble Lord, Lord O’Shaughnessy. There is always this debate about whether we have to slim down the curriculum. It is said, “We don’t want to have statutory PSHE; we want schools—academies—to have freedoms”. Yes, I can subscribe to some of that but children are more important than them just having freedoms for curriculum development. There are really important things that need to be taught to all children and we have just heard a catalogue of them. It is hugely important that children have sex and relationship education and that they have financial education, and so on and so forth. I was fascinated by the noble Lord’s comments about the sort of work that he does in his schools. I pay tribute to that, but it should be for all schools.

I am not sure whether saying, “Let’s get the PSHE model right before we make it statutory” is the right approach. It should be the other way round. We should be saying that we will make it statutory for all schools—including free schools as well, incidentally, which I notice that the amendment does not mention—and then we make the resources, drive and determination to make that happen. That is probably one of the most important things that we can do for all children, but particularly for vulnerable and looked-after children.

[Baroness Evans of Bowes Park]

My Lords, Amendments 77 to 79 and 86 concern educational support for formerly looked-after children. The trauma and experiences of children who have suffered from abuse and neglect can have a long-term impact on outcomes and life chances, even once they have left care through a permanence order. The Bill seeks to ensure that everything possible is done to help these children and young people overcome the difficulties that they have faced and to realise their ambitions.

Our intention is to place a duty on local authorities to extend the duties of virtual school heads to support looked-after children who have left care under an adoption, special guardianship or child arrangement order. I assure the noble Lord, Lord Watson, that we will consider his Amendment 77. We will be talking to government lawyers about whether the current drafting fully captures special guardianship or child arrangement orders. We think that it does for adopted children but if it does not and the current drafting of the Bill does not achieve that aim, we will consider a government amendment to Clause 4. I thank him for raising that issue.

While I understand the point made by my noble friend Lord O’Shaughnessy in his Amendment 78, I am not convinced that it is necessary to place a duty on local authorities to consider the impact of what they will do on other groups of children. Local authorities will need to ensure that they do not spend disproportionate time supporting one child or group of children at the expense of others. Virtual school heads must do this now as some looked-after children will require more intensive support than others. I reassure my noble friend that the new duties in the Bill are deliberately light-touch—just providing information and advice—to allow virtual school heads to effectively prioritise their workload.

The role of the virtual school head for formerly looked-after children will be different from their current role. They will not have to monitor each child’s progress as they do for children in care for instance, as the child’s parents and carers will do this. We are confident that with the other specific duties on local authorities to support looked-after children, previously looked-after children will not be disproportionately supported at the expense of others.

On Amendment 79, again I do not think it appropriate to specify in primary legislation that local authorities must ensure virtual school heads have the resources to do the job. Clearly, we will expect all local authorities to do this and we will, via Ofsted inspections, check the quality of the service provided by virtual school heads. I assure the noble Lord, Lord Watson, that a virtual school head will not be an add-on to other duties. Their sole focus will be vulnerable children. Many virtual school heads already respond to requests for advice and information from parents and schools in respect of children who have left care through, for example, adoption. Clause 4 seeks to ensure that all authorities offer this service. However, I have asked officials to ensure that resources for virtual school heads are covered in the statutory guidance we will issue to clarify their role.

Finally, Amendment 86 covers personal, social, health and economic education for formerly looked-after children. We agree that all young people should leave school prepared for life in modern Britain. The Minister and I agree with the noble Baroness, Lady Massey, and the noble Lord, Lord Storey, that high-quality PSHE has a vital role to play in giving young people a better understanding of society and supporting them to make informed choices and to stay safe. The majority of schools and teachers already recognise the importance of good-quality PSHE education.

However, as I am afraid the noble Baroness has heard me say before, we believe it is not the availability but the quality of PSHE teaching that is the most pressing issue, as my noble friend Lord O’Shaughnessy highlighted. I say again: we will continue to keep the status of PSHE under review but in the short term we will prioritise working with experts to identify further action we can take to ensure that all pupils receive high-quality, age-appropriate PSHE and sex and relationships education. I am sure that the noble Baroness will continue to push us on this matter and that we will have many further discussions. I hope, on that basis, that the noble Lord will feel able to withdraw his amendment.

[Lord O’Shaughnessy]

I am sorry to prolong the sitting. I am very reassured by what my noble friend said about looked-after children not suffering as a consequence but my specific question was about children with special educational needs and disabilities. I wonder whether she could write to me to provide that reassurance that local authorities’ duty of care to them is dealt with in other legislation so that there is that balance.

[Baroness Evans of Bowes Park]

I am very happy to write to my noble friend on that.

Children and Social Work Bill [HL]

Baroness Evans of Bowes Park Excerpts

Wednesday 29th June 2016 Grand Committee

[The Earl of Listowel]

It may interest the noble Baroness to know that one of my first jobs with children was working in an intermediate treatment centre. The teacher was a woman. The social worker was a man. They worked very well in partnership. The youngest boy was eight—a Traveller boy. The oldest was 15, going on to do a mechanics course. It certainly seemed to me a humane and effective way of working and I hope that we can go back to using more of that kind of approach.

[Baroness Evans of Bowes Park (Con)]

I am grateful to the noble Lord, Lord Ramsbotham, and the noble and learned Baroness, Lady Butler-Sloss, for these amendments —Amendment 9 regarding the unnecessary criminalisation of looked-after children and Amendments 14 and 28 concerning access to legal advice and representation for looked-after children. The first of the noble Lord’s amendments seeks to make it a requirement, linked to the principles, for local authorities and their relevant partners to prevent the unnecessary criminalisation of looked-after children. I understand why the amendment has been proposed and strongly agree that we must avoid children in care being unnecessarily criminalised. Local authorities should adopt a restorative approach wherever possible so that police intervention is viewed not as a first but a last resort. As noble Lords have said, children’s life chances can be badly affected by unnecessary involvement with the criminal justice system.

Existing guidance requires local authorities to have clear strategies in place to help protect and divert children from the justice system. As the noble Lord, Lord Ramsbotham, said, in some areas the police, local authorities and children’s homes have worked very well together to ensure that restorative approaches are used wherever possible.

The framework of corporate parenting principles in the Bill already makes clear what it means for a local authority as a whole to act as a good parent. Good parents will not hesitate to safeguard their children from the risks of offending or involve the police unnecessarily. However, it is an important issue and we intend to cover it in the new statutory guidance that will underpin the principles. For instance, the guidance will stress the importance of co-operation and joint working between local authorities, the police, children’s homes and foster carers, and it will emphasise the importance of keeping a sense of proportion in relation to challenging behaviour.

The noble Lords, Lord Ramsbotham and Lord Warner, rightly raised a number of the very important issues highlighted by the Laming report. They will also be aware that Sir Martin Narey is currently carrying out a review of residential care which also looks at this issue in detail. In addition we have Charlie Taylor’s review of youth justice. All three of these reports and their findings will help and support us in developing guidance in this area and will give us a clear picture of other actions that we may need to take.

The noble Lord and the noble Baroness also proposed inserting a new corporate parenting principle to promote access to legal advice and representation for looked-after children. I agree that it is vital that we hear the voice of the child being cared for rather than simply treating them as part of an administrative process. Under the existing arrangements there are a number of adults who children in care can talk with and turn to. They include court-appointed guardians, their social worker and a named independent reviewing officer who will follow their case long term and can also advise the court.

Under the existing requirements, local authorities are required to make looked-after children aware of potential advocacy support to make representations or complaints, most significantly the advocacy services clause set out in Section 26A of the Children Act 1989, from which various pieces of guidance flow. An additional legislative clause is unlikely to impact further on either children’s or local authorities’ awareness. The associated statutory guidance will make clear that local authorities should consider how they can best listen to and hear from looked-after children and care leavers.

A number of noble Lords raised a range of issues relating to unaccompanied asylum-seeking children. The majority of these children will continue to receive support under the Children Act 1989 if they have a legal right to remain. Once that right is exhausted, they then get accommodation, subsistence and other social care support under the Immigration Act until they leave the UK. The Department for Education has been working closely with the Home Office to ensure that children receive appropriate support. However, in the light of the detailed points raised by noble Lords raised today, I would be very happy to arrange a further meeting to find out what has been happening. Given the depth of our discussions today, that would be better than me attempting to respond, not very well, to their points today.

I hope that on that basis the noble Lord will be happy to withdraw his amendment.

[Lord Ramsbotham]

My Lords, I am grateful to the Minister, particularly for her closing remark because many noble Lords would welcome such a meeting. Although there has been mention of liaison between the Department for Education and the Home Office, it does not appear so in the legislation before us.

Once again I am very grateful to noble Lords who have spoken. As the noble and learned Lord, Lord Mackay, was speaking, I was reminded of an inquiry I conducted into the unlawful killing of Jimmy Mubenga, an Angolan asylum seeker who died on an aircraft. One of the witnesses who came before us was the Immigration Services Commissioner. She told us that one of her problems was trying to get some form of control over the people who were allegedly advising asylum seekers on their legal rights. She was looking for a job, as it were. She is an official; she is there. It seems to me that if anyone is going to get a grip on this, she will do so as someone already in the system with a responsibility to the asylum seekers who might be involved.

I absolutely agree that something needs to be done to co-ordinate all these activities. How the prevention is going to be done is probably by picking up good practice from somewhere and applying it to other places. I mentioned the work that has been done in Surrey, but it is not alone. As the noble Lord, Lord Warner, knows, there are many good things going on in various parts of the country that could be adapted with advantage. However, I have another concern over the Rehabilitation of Offenders Act 1974. An extremely good report on this was produced by the Standing Committee for Youth Justice, which recommended that offenders should have their offending looked at at the age of 18 and that anything other than the most serious offence should be expunged so that they start with a clean slate. I have put forward a Private Member’s Bill and I hope to include that as priority number one.

I return to something the Minister said which gives me slight heebie-jeebies, which is that yet more statutory guidance is needed. I mentioned at Second Reading that there was concern over the number of Henry VIII clauses already in this Bill; we want to be very careful about adding yet more, not least in view of the remarks made previously by my noble and learned friend Lord Judge in the House. I hope that what comes out in the discussions that we will have between now and Report can lead to further consideration of these two very important issues and I look forward to taking part in them. In the meantime, I beg leave to withdraw the amendment.

--- Later in debate ---

Amendments 11 to 25 not moved.

[Baroness Evans of Bowes Park]

Before the noble Lord, Lord Watson of Invergowrie, moves Amendment 26, it may be helpful for the Committee to hear that we intend to adjourn at 8 pm. If we have not finished this group of amendments, we will continue the discussion on Monday, but we shall adjourn at 8 pm, wherever we get to.

Amendment 26

Moved by

Education and Adoption Bill

Baroness Evans of Bowes Park Excerpts

Wednesday 16th December 2015 Lords Chamber

[Lord Addington (LD)]

My Lords, it appears that my name is the lead one on both the first and the last group of amendments today.

We have heard a great deal about regional schools commissioners, about whom I knew virtually nothing at the start of the progress of the Bill. They are vitally important not only to the Bill but to the line of progress which the Government have taken on with regard to the creation of academies. They are the people who will enforce, check and regulate, so they have a huge role.

It is incredibly difficult to find anything about them unless you know how to chase it down in legislation. I know that it can be done, and was fortunate enough to have with me somebody who is quite good at it. A large number of bits of regulation that come back refer to each other and then go through. It really is not good enough that we do not have a better description somewhere of what they do, what their responsibilities are and how they will oversee this new structure which the Government clearly want to see in place. There is now an equally great complication because their function involves having to deal with local authorities. This is something of a cat’s cradle of responsibility and authority. This amendment is merely a chance to get us to a place where we can have at least the nub of their powers and responsibilities in one place, so that somebody can check and refer to it.

There is a website, which I have looked at. It consists of one page, and under “About us” there are seven lines—and not even complete lines—on what the regional schools commissioners do. It just is not good enough. This may be a temporary state of affairs and there may be more coming, but at the moment this very important bit of a new structure within education is very inaccessible. The Government must be transparent. Half of the problems they have had with this are because people do not know where to get the information.

I have never pretended that anyone in any particular party grows horns and starts to chew on babies the minute they get in power and want to change something. I am sure that the Government have good intentions. I may disagree with them, but I am quite sure that they have good intentions. I ask them to please let us know what they are trying to do, in an easy format. This amendment is merely a way to say, “Bring it together in one place”. Third Reading is still ahead of us; I am sure that there is some way to get at least some guide to what should happen. I beg to move.

[Baroness Evans of Bowes Park (Con)]

My Lords, I will speak to Amendment 26, tabled by the noble Lord, Lord Addington, concerning the responsibilities and powers of regional schools commissioners. The noble Lord has proposed that the Secretary of State should be required to publish a public document that would describe RSCs’ responsibilities and powers arising from the provisions of the Bill.

As we have previously discussed on various groups of amendments, we have already published a revised draft of the Schools Causing Concern guidance for public consultation, which describes, for the first time, how RSCs will use the intervention powers of the Secretary of State and what their responsibilities are for addressing underperformance in maintained schools, subject to the passage of the Bill.

RSCs already operate in an open and transparent way; my noble friend Lord Nash spoke about this when he answered questions from the Education Select Committee earlier this month on the role of regional schools commissioners. Alongside the Schools Causing Concern guidance, a large amount of information on the work of the RSCs is publicly available on the GOV.UK website. We publish notes of head teacher board meetings, conflicts of interest registers for board members and RSCs, information on the roles and responsibilities of the RSCs, and criteria for all types of decisions made by RSCs.

The key performance indicators used to monitor RSCs’ performance have also recently been published through our written evidence to the Education Select Committee. From this month we are also publishing fuller notes of head teacher board meetings. Now that RSCs have been operating for 15 months, and in the light of the additional responsibilities that the Bill will introduce, we have carried out a review of the key performance indicators for RSCs to ensure that they remain effective and continue to incentivise the right behaviour. As a result, we have decided to remove the indicator on the percentage of the schools in each region that are academies. This is because we recognise that it is important that RSCs use their judgment to determine the best route for improving a school and it is important that their decision-making is not unintentionally affected by other factors.

In the light of the fact that the Schools Causing Concern guidance already describes the responsibilities and powers of regional schools commissioners that would result from provisions in the Bill, and as that document has already been made widely available to the public and is currently the subject of consultation, we do not consider the noble Lord’s amendment necessary. Given the further information and reassurances that we have been able to provide, I hope that the noble Lord will withdraw his amendment.

[Lord Addington]

My Lords, that was a very strange answer. It was saying that there is a great deal of information and a great deal going on, and that it does not need to be brought together for this very important group. This is not about the information that is published. There is lots of information but the problem is that it cannot easily be found. That is what this amendment is about. To be perfectly honest, if you cannot find the information, you might as well not have it. I found it but it should not be necessary for people to have to chase it. The amendment is about bringing it together in one place where it can be easily accessed.

[Baroness Evans of Bowes Park]

As I said, the Schools Causing Concern guidance, which is out for consultation, has more information in it, but we are very happy to look at how we can bring it together in one place. As I said, there is information out there but we are very happy to take away the noble Lord’s comments and to have a look at how we can improve the signposting and bring the information together.

Education and Adoption Bill

Baroness Evans of Bowes Park Excerpts

Tuesday 1st December 2015 Lords Chamber

[Baroness Benjamin (LD)]

My Lords, I rise to support Amendment 4. As I have said at all stages of this Bill, with the support of the NSPCC, every single child entering care should receive an automatic mental health assessment in addition to the physical assessment they currently receive. Children in care should then immediately receive the subsequent necessary support to help them to deal with the issues of mental health identified in the assessment. There should be regular monitoring of children’s mental health while in care to inform what support that child receives and ensure that it contributes to their improved well-being. These provisions are essential to strengthen the Bill because they will help towards making significant savings for the NHS, the prison services and society in general.

The NSPCC, myself and many others welcome the Government’s announcement of an additional £600 million for mental health and see it as a great opportunity to make sure that more of the most vulnerable children get access to the mental health support that they need to overcome the trauma they have experienced. As I have said time and again, childhood lasts a lifetime, so let us give all children the best start in life, including children in care and children in the adoption system. They need to be cared for and looked after in every way possible. We owe it to them, so I hope that the Minister will include these provisions in this important Bill.

[Baroness Evans of Bowes Park (Con)]

My Lords, I shall speak to Amendments 3, 4 and 5, tabled by the noble Lords, Lord Watson and Lord Hunt, the noble Earl, Lord Listowel, and the noble Lord, Lord Storey, which focus on improving the mental health needs of children adopted from care. I thank noble Lords for raising these issues. As the noble Lord, Lord Watson, said, we had a detailed discussion in our previous debate in Committee, when I set out that improving the mental health of both looked-after and adopted children is a key issue for the Government. Following the debate, the Parliamentary Under-Secretary of State for Schools sent a letter to the noble Earl, Lord Listowel, and the noble Baroness, Lady Benjamin, describing in more detail the actions that we are taking to improve the assessment and support that these vulnerable children receive.

As the noble Lords, Lord Storey and Lord Watson, said, I set out that the Government have committed £1.25 billion to improve mental health services for children and young people over the next five years through the implementation of Future in Mind, the report resulting from the Government’s review of child and adolescent mental health services. I can give noble Lords an assurance that we are now working closely with the Department of Health and NHS England on the implementation of Future in Mind. The NHS England guidance on completing local transformation plans stipulates that they should cover the needs of the most vulnerable children, such as looked-after and adopted children. Key to this is that local areas must work together to understand the vulnerabilities of these children and young people and transform their services accordingly. We are absolutely committed to looking at the needs of children and making sure that they are properly addressed. This will include addressing the important point made by the noble Lord, Lord Watson, about filling in the current gaps in services.

Local NHS clinical commissioning groups, in developing their local transformation plans, have worked closely with their local health and well-being boards and partners in local authorities, youth justice and education. All clinical commissioning groups have now submitted their plans, which are currently being assessed by NHS England. Improving the assessment of and support for looked-after children will be a key priority for our programme of work. I agree with all noble Lords and with the NSPCC, which has been cited a number of times in this debate, that getting the assessment right when children enter and leave care for adoption is important.

All looked-after children already have a health assessment at least once a year which must include an assessment of their emotional and mental health as well as their physical health. That assessment, which informs the development of their health plan, should take account of the information provided from the strength and difficulties questionnaire that is completed by their carer. I accept the point made by the noble Baroness, Lady Massey, that for some young people with a range of problems, a follow-on referral to a specialist health service is required.

Turning to the provision of a mental health assessment prior to adoption placement, when an agency is considering adoption for a child, it should immediately consult its medical adviser to determine whether the health information obtained through the most recent health assessment is sufficient, up to date and as broad-ranging as it needs to be. Where a new health assessment is needed, this should be organised in time for the medical adviser to complete their part of the child’s permanence report. That is because, as a number of noble Lords have mentioned, permanence is key.

[Lord Watson of Invergowrie]

I hesitate to break the noble Baroness’s flow. She mentioned that a new health assessment will be undertaken, but she did not specifically mention a mental health assessment. That is the point. The physical assessment is always done, so why should the mental health assessment not always be done at the same time or immediately afterwards to make sure that any problems are spotted at the earliest opportunity?

[Baroness Evans of Bowes Park]

The broad health assessment will include those elements. It must include a summary by the agency’s medical adviser of the child’s current physical and mental health, so both are included. When an application is made to a court for a placement order, the agency is required to submit the summary as part of the application. Local clinical commissioning groups should use these assessments of looked-after children and adopted children to inform their local transformation plans to ensure that they can meet the needs of their local population.

At the national level, the Department for Education hosted a roundtable event last month bringing together children’s social care and mental health stakeholders to discuss how to improve mental health services for looked-after children and adopted children. As a result, we are considering how centres of excellence, possibly linked to regional adoption agencies, might enable the mental health needs of looked-after children and adopted children to be better met. Following that roundtable event, Edward Timpson, the Minister of State for Children and Families, met Alistair Burt, the Minister of State for Community and Social Care, to discuss how to ensure that mental health services can meet the particular needs of these children and young people in an effective and timely way. I should like to reassure the noble Lord, Lord Watson, that the two departments are working closely together.

In addition, we are providing £4.5 million of funding in this financial year to accelerate the development and implementation of regional adoption agencies. Adoption support, including mental health, is a key element of that. We are clear that regional adoption agencies should have a focus on improving the assessment of adopted children’s mental health needs and the provision of appropriate mental health support services. I should also mention the government-funded adoption support fund. More than 2,000 families have already benefited from £7.5 million of therapeutic services provided by the fund for adopted children and their families. We know that getting a high-quality assessment of need is critical, and local authorities are increasingly using the fund to pay for specialist assessments and, where appropriate, specialist therapeutic support.

The noble Lord, Lord Watson, raised concerns about this Government’s focus on adoption. We are engaged in comprehensive reform, but we are also doing a number of other things. For instance, we have established a programme of reform for social work, including the development of new assessment and accreditation systems for three levels of professional practice for children’s social workers in England. We have created the children’s services innovation programme and we have introduced “staying put” to allow children to remain with their former foster carers after the age of 18. We are engaged in reform across children’s services that will benefit all looked-after children.

The noble Lord, Lord Storey, asked about getting CAMHS into schools. We heard from head teachers who came to the briefing a few weeks ago that one of the benefits of multi-academy trusts is being able to recruit professionals to work across a number of schools, so we are seeing improvements in that. Alongside this, the Future in Mind report says that there will be mental health training for health professionals and others who work with children and young people, such as staff in schools, to help them to identify problems and ensure that young people get the help that they need. So it is something that is on our agenda and we are continuing to look at how we can improve that.

I hope that the explanations I have given will reassure the noble Lord that we are committed to meeting the objectives of these amendments, and that he will be feel reassured enough to withdraw his amendment.

Education and Adoption Bill

Baroness Evans of Bowes Park Excerpts

Tuesday 17th November 2015 Grand Committee

[Lord Storey (LD)]

My Lords, I understand that there are some drafting issues with this amendment, but I will still speak to it and we can perhaps resolve those in later amendments. I have always believed strongly that it is important that every pupil or student should have a qualified teacher. That does not prevent the opportunity for those members of staff who are preparing to become qualified and it does not prevent those teaching assistants who have NVQ level 3 or 4 from teaching.

Sorry, am I on the right amendment here?

[Baroness Evans of Bowes Park (Con)]

No.

[Lord Watson of Invergowrie (Lab)]

Are you in the right Room?

--- Later in debate ---

[Lord Storey]

I will speak just to Amendment 34 in this group, which seeks to develop the work we did on the Children and Families Bill, where quite important progress was made on the whole issue of adoption. There was an important amendment from the noble Earl, Lord Listowel, about the increasing length of time that children stayed with foster parents.

Let us build on that: Amendment 34 seeks to support that progress by saying that children in the care of local authorities are perhaps the most vulnerable children. Many of them have mental health problems. In fact, the figures—I will not repeat them now—are really alarming. Many local authorities and agencies which carry out the role for local authorities make tremendous progress with those looked-after children. But there are real concerns, and this amendment suggests that we should always have those concerns in the front of our minds through having an annual report on the support we are giving those young people, so that we can adjust our provision and policies where we need to. I hope the Government might consider supporting this amendment.

[Baroness Evans of Bowes Park]

My Lords, Amendments 33, 34 and 32ZA raise important issues about ensuring that any use of the power given to the Secretary of State in Clause 13 is transparent and considers the impact on voluntary adoption agencies, other parts of children’s social care and the provision of post-adoption support. The amendments require an annual report to be laid before Parliament and enable the Secretary of State to direct local authorities and voluntary adoption agencies to jointly determine who should deliver adoption functions.

I thank noble Lords for raising these issues and I agree that we need to be clear about how this power is used, and what its impact is, so I appreciate the intent behind the amendments. First, I assure both noble Lords that any use of the power will be transparent and fair. Decisions will be informed by input from the affected agencies and other agencies operating in the local area, including voluntary agencies. However, I believe that laying an annual report before Parliament on the use and impact of the power would be disproportionate, and that directing local authorities and voluntary agencies to make decisions jointly will not work in practice. I will go on to explain why.

First, I assure the Committee that we have carefully considered the impact that moving to regional adoption agencies will have on other parts of the care system, and on the provision of post-adoption support. We have been clear that regional adoption agencies need to consider how adoption support functions will be carried out and how links with other parts of children’s social care will be maintained. This includes ensuring that adopted families have access to appropriate mental health support to meet their children’s needs. We will come to that in more detail in the next set of amendments. We see regional adoption agencies as an opportunity to deliver improvements in these areas. We are also encouraging innovation. This may well include broadening the regional approach to include wider permanence services, where this has potential to drive improvement.

--- Later in debate ---

[Lord Hunt of Kings Heath]

Clearly, the noble Baroness has given considerable reassurance to the Committee, but how does this all fit with procurement policy? The reason I ask that is because we know that the Cabinet Office has been leading very hard-driven, centralised procurement and there have been complaints that, despite the Cabinet Office also having a policy to encourage SMEs, those have been squeezed out by the prime contractors. I think that the Cabinet Office is reviewing that at the moment.

It struck me from what the noble Baroness was saying that although Ministers clearly recognise the role of the smaller voluntary agencies, particularly the specialist ones, one of the problems is that once you create regional entities, inevitably they adopt a bureaucratic process. I worry that the smaller agencies may find this very overbearing. I do not think this is a matter for statute but rather one of reassurance that the regional agencies understand that they cannot develop processes that make it almost impossible for these very small agencies, often with very limited infrastructure, to get agreement to be part of the new agencies in the future.

[Baroness Evans of Bowes Park]

We think that the VAAs should be involved in early conversations about regional adoption agency design. We will issue procurement guidance for projects shortly, so it is in our minds.

Finally, the noble Lords raise important points about the proportionate use of this power. It is important to emphasise that we are committed to supporting local authorities and voluntary adoption agencies to move to regional adoption agencies voluntarily in the first instance. These powers are only backstop powers to be used for the reluctant few.

As I have already said, we are delighted that the sector has already seized the opportunity to be involved. We have announced 14 regional adoption agency projects that we are working with this year, which, as I said, will involve more than two-thirds of all voluntary adoption agencies and local authorities. In the rare cases where the power is needed, decisions will be made following extensive discussions with all those involved or affected, including voluntary agencies. Prior to making a final decision, we will write to any relevant local authority formally requesting its views on the matter. I therefore reassure noble Lords that all those involved will have the chance to comment on the proposal before a final decision is taken.

I take this opportunity to mention the role of the national Adoption Leadership Board, which meets quarterly and has a remit to drive significant improvements in the performance of the adoption system in England, and which will also have an important role to play in shaping decisions and overseeing service development. This board has already been paramount in driving forward our reform programme, and that role will continue. The board is made up of the most senior officials from key organisations in the system, including representatives both from local authorities and voluntary organisations. The Consortium of Voluntary Adoption Agencies, which represents all voluntary adoption agencies, is a key member. Board members have been appointed to represent their sector and to take responsibility for galvanising performance improvements within their respective areas. Involving the board in any decisions about regionalisation will therefore be vital. This is another indication of how we are trying to bring all parties together.

This is a practical and proportionate approach to ensuring that the powers are used appropriately and that all interested parties are involved in decision-making. In view of this, I hope that noble Lords will feel reassured enough not to press their amendments.

[Lord Watson of Invergowrie]

I thank the Minister for that reply, which was to a large extent warm and, I am sure, encouraging to voluntary adoption agencies. She talked of them being involved in 14 of the regional adoption agencies that are in the process of being established—that is all very well and good—but that is the start. We look some way down the road and it may not happen. What if some local authorities or some regional adoption agencies decided not to involve voluntary adoption agencies? It is quite unlikely that none would be involved, but the agencies themselves remain concerned—it is not those of us on this side of the Committee who need to be reassured, it is the voluntary adoption agencies. For whatever reason—well, the reasons I have outlined, to be frank—they are not yet confident that that is how it is going to be into the future, and it is the future that concerns them rather than the present.

The Minister did not say specifically what was wrong with Amendment 32ZA. I do not see why it cannot be added to the Bill. It would simply add nine more words and ensure that voluntary adoption agencies were fully involved. If that is the Government’s intention—and I have no reason to doubt that it is—why not just write it into the Bill on that basis? It is disappointing that the Minister is not willing to do that, because I cannot see that it would have any real effect on any other part of the adoption system.

On the annual report, the Minister talked about transparency and about the agencies being fully informed, but transparency is also important as far as Parliament is concerned. You may say that Members of this House or another place can read the reports that are made available—no doubt, they will be put in the Library—but Parliament has a right to expect that such information be made available to it. If there was a need for a debate on these issues—it would not be every year, by any means—that could take place. If I noted the Minister correctly, she said that this would not work in practice. I may have missed it, but I did not hear from her why that would be the case. Yes, it would perhaps be a little bureaucratic, but only a little bit. I think that it would have a much wider benefit, not just for parliamentarians but for the agencies involved. The Minister’s response is therefore disappointing. Perhaps the Government could further clarify why they seem resistant, particularly in respect of including voluntary adoption agencies in the Bill. I know that that is what they want for reassurance and it is what we want with this amendment. But given what the Minister has had to say, I beg leave to withdraw the amendment.

--- Later in debate ---

[Baroness Benjamin (LD)]

I will quickly say why I support Amendments 32A and 34. I am very sorry for not having been here earlier, but I am on the Select Committee on Communications; we are looking at the BBC charter renewal and were just questioning John Whittingdale, the Secretary of State.

I am here because we must ensure support for all options for looked-after children that are considered, whether they remain in care, leave care independently or live with a special guardian. I support Amendments 32A and 34A because they will create provision in this Bill to improve the timeliness and quality of mental health assessment and support for all looked-after children. Looked-after children have significant needs, and improvements are needed to ensure that their emotional well-being is better promoted.

We have an increased focus on children and young people’s mental health, but we must not forget children in care, who are sometimes the most vulnerable children. One young person told the NSPCC recently that the trauma associated with the abuse that she experienced was not picked up on her early entry into care. She felt that she did not receive help until she reached crisis point. She said:

“We shouldn’t have to do crazy things before people notice we need support and do something”.

That is why I put my name to the amendment. I see that it is not on the list, but I did put my name to it because I feel very strongly that it should be given as much consideration as possible. It creates such provision in the Bill that will make sure that children’s mental health is assessed automatically and supported much earlier in the adoption system.

Another young adult, Liza—not her real name—told the NSPCC that before turning 16 she had around 15 placements and between 20 and 25 placement moves. This caused her so much stress and trauma because she had to travel around from place to place, which was extremely tiring, both physically and mentally. Reflecting on this experience, Liza made it clear to the NSPCC that she would have benefited from easier access to therapeutic services which would not have required her to travel long distances. Liza’s experience is not untypical of that of many children in care who struggle to find the right therapeutic support. Amendment 34A, which I support, would require the Secretary of State to oversee an increase in the quality and quantity of therapeutic support services and would create provision in the Bill to stop more children having the terrible experience that Liza outlined.

Almost two-thirds of looked-after children have experienced some sort of abuse or severe neglect, and 45% of children in care have a mental health disorder compared with just 10% of the general child population. We know that looked-after children are four to five times more likely to attempt suicide, less likely to attain good results at school and more likely to end up homeless. However, the mental health needs of children in care often go unassessed and unidentified and there is a substantial lack of mental health support for these children.

Current guidance from the Department of Health and the Department for Education on mental health assessments for looked-after children does not go far enough. The BBC—I have the BBC on my mind; I am sorry. The NSPCC believes that the important aspect of quality support in Amendment 34A relies on quality assessment as outlined in Amendment 32A, so the two go together. Looked-after children’s initial health assessments rarely include the involvement of mental health professionals, thereby reducing the chances of identifying their mental health needs. Furthermore, there should be direct contact with the child and their carer to fully explore the child’s emotional and mental health needs. We have to make sure that children know that they are being considered, no matter where they are from.

I welcome the Education and Adoption Bill but urge the Government to include specific measures around mental health in particular: all children entering care should receive an automatic mental health assessment in addition to the physical assessment that they currently receive; children in care should then immediately receive the subsequent necessary support to help them deal with issues of mental health identified in the assessment; and there should be regular monitoring of children’s mental health while in care to inform the support the child receives and ensure that it contributes to their improved well-being.

The NSPCC recently released figures which show that more than a fifth of all children referred to local specialist NHS mental health services, including children with problems stemming from abuse, are rejected for treatment. This cannot go on. Children who have been abused or neglected could face serious long-term mental health problems because of the lack of support. The NSPCC recently stated that this is a serious “time bomb” because it is getting worse, not better. So I hope that the Government will take on board the things that I have said and support this amendment. This is something that we need to address in the best way possible. I hope that the Government will consider the amendments in the constructive spirit in which they are intended as the Bill moves through Parliament.

[Baroness Evans of Bowes Park]

My Lords, Amendments 32A and 34A, spoken to by the noble Earl, Lord Listowel, and the noble Baroness, Lady Benjamin, raise important points about the mental health needs of children adopted from care.

I absolutely agree that the mental health of adopted children is a key issue, as all noble Lords who have spoken in this debate have said, and one that we expect to be central to the development of regional adoption agencies.

The Government have committed £1.25 billion to improve mental health services for children and young people over the next five years through the implementation of Future in Mind, the report resulting from the Government’s review of child and adolescent mental health services. The report included a section on vulnerable children and makes specific recommendations about looked-after and adopted children. This includes improving access to services, working better with parents and carers and support for children who have suffered trauma in their early life.

We are working very closely with the Department of Health and NHS England on the implementation of Future in Mind. Locally, clinical commissioning groups have been—

[Lord Watson of Invergowrie]

On that Future In Mind document, the Minister said that the chapter on vulnerable children makes specific reference to proposals for looked-after children. I do not expect her to respond now, but could she write to me pointing it out? As I said, I could find the word “adoption” used only once in that chapter.

[Baroness Evans of Bowes Park]

Clinical commissioning groups have been working with their local authority partners to develop local transformation plans to improve their local offer based on the recommendations. These plans, alongside additional government funding, will cover the full spectrum of mental health issues, including, crucially, addressing the needs of the most vulnerable children.

Improving assessment of and support for looked-after children will be a key priority in our programme of work. We welcome the recent report on this issue from the NSPCC, as mentioned by a number of noble Lords, and agree that getting assessment right when children enter care is critical. All looked-after children already have an annual health assessment, which must include an assessment of their emotional and mental as well as their physical health. That assessment, which informs the development of their health plan, should take account of the information provided from the strengths and difficulties questionnaire which is completed by their carer. The guidance also sets out clear expectations that all looked-after children should have targeted and dedicated support through child and adolescent mental health services and other services according to their need, arranged by CCGs, local authorities and NHS England. However, I accept the point made by the noble Earl that, for some young people with a range of problems, a follow-on referral to specialist health services is required.

The Department for Education hosted a round table last month, bringing together children’s social care and mental health stakeholders, to discuss how to improve mental health services for adopted children. As a result, we are considering how centres of excellence, possibly linked to regional adoption agencies, might enable the mental health needs of looked-after and adopted children to be better met.

At the moment, the specialist support that many adopted children need in order to address the effects of abuse and neglect in their early years is simply not available in their area, as the number of adopted children at local authority level is too low to ensure that the right provision is there. Assessment and commissioning of specialist support on a regional scale will allow providers to expand their services, provide better value for money for the taxpayer and help ensure that all adoptive families receive a consistently high quality of assessment and provision.

In addition, we are providing £4.5 million of funding this financial year to accelerate the development and implementation of regional adoption agencies. Adoption support, including mental health, is a key element of that. We are clear that regional adoption agencies must have a focus on improving the assessment of adopted children’s mental health needs and the provision of appropriate mental health support services.

Regional adoption agencies will be able to make use of the government-funded Adoption Support Fund, as the noble Earl mentioned. More than 2,000 families have already benefited from £7.5 million of therapeutic services provided by the fund for adopted children and their families. We know that getting a high-quality assessment of need is critical, and local authorities are increasingly using the fund to pay for specialist assessments and, where appropriate, specialist therapeutic support.

The noble Lord, Lord Watson, asked about harder-to-place children. We are providing £30 million to help pay the interagency fee to both local authorities and voluntary adoption agencies so that harder-to-place children might be adopted more quickly. More than 200 children have already been placed through this new scheme. On recruiting adopters for harder-to-place children, we believe that recruitment from a wider geographical base than simply a local authority, which takes into account the needs of children across a number of local authorities in a regional recruitment strategy and uses specialist techniques for recruiting adopters of harder-to-place children, will have an important effect.

The noble Lord, Lord Storey, said that schools needed expertise in supporting looked-after children and children with mental health issues. We made changes in the Children and Families Act to introduce a virtual school head for looked-after children. This measure was designed specifically to ensure that looked-after children receive the support that they need at school.

I hope that noble Lords will see from this range of initiatives the importance that this Government and the previous Government have attached to ensuring that our most vulnerable children receive the support that they need, and that we are already committed to meeting the objectives of these amendments. I hope that the noble Earl will feel reassured enough not to press them.

[The Earl of Listowel]

My Lords, I am grateful to all noble Lords who have spoken in the debate on these amendments today and for the supportive comments made by many of your Lordships. I am also grateful for the care with which the Minister has responded: to some extent, I am somewhat reassured. I was interested to hear what she said about centres of excellence and that seems most welcome. In Wales, for instance, a fostering charity that provides services has to find its own mental health professionals, because there simply is not enough of a CAMHS in that particular area of Wales to provide for it. I can imagine, as the noble Baroness says, that there will be areas where there is a deficit of expertise, and therefore the principle of drawing in from the best elsewhere—as provided in the academies programme—is a good principle to utilise.

The noble Baroness referred to the strengths and difficulties questionnaire and to the fact that the initial and ongoing health assessments look at the emotional and other needs of young people in care. That is welcome. However, given the experience of these children before entering care and that that they are pulled away from their families into the care system and have that trauma too, I feel that that is not sufficient. They need at the very beginning to see a specialist and to have a specialist assessment. I do not want to push that too hard but, as we speak, I remember a young woman who had been through the care system and whose brother was in the care system with mental health difficulties. She must have been 22 or so and she said to me that what she would have liked to have had when she first went into care was a therapist to speak to and somebody to stick with her through the care system—they had one mental health professional to stick with her through the system—and she wished the same for her brother, who was having difficulties.

I am going to make a slight detour and I hope that your Lordships will forgive me. These are difficult issues. In the past, the Department for Education used to employ civil servants who had a long tenure and a lot of experience in one particular area. For instance, the recently deceased Rupert Hughes was one of the chief civil servants behind the Children Act 1989, under Baroness Thatcher’s Government. I used to serve with him as a trustee for several years. One did not realise his important background from meeting with him but from hearing about it from others and seeing how important his memorial service was to so many people who knew of him. He was a hugely important figure. In dealing with these systemic responses to the difficult questions that we are discussing today, I wonder whether the Minister might consider what more might be done to ensure that there is a continuity of experience within the Civil Service to deal with these difficult problems over time. I do not think that it was this Government—the Conservative Government—who got rid of these longer tenure civil servants but in the past they frequently had more people like Rupert Hughes.

I am sorry for the digression. There is much to be welcomed in what the noble Baroness has said and in the investment that has clearly been made by the Government. I thank her for her helpful reply and other noble Lords for their comments. I beg leave to withdraw the amendment.

Education and Adoption Bill

Baroness Evans of Bowes Park Excerpts

Tuesday 10th November 2015 Grand Committee

[Lord Sutherland of Houndwood]

The noble Baroness will be pleased to know that that is not what I am saying. I have been an advocate of full inspection for academies ever since the last Bill was introduced, and I still take that position. That is the way in which academies should be judged; have no doubt about that. I do not think it likely that we will deal with that in this Bill but the noble Baroness asked me what my position was, and that is it.

What I am saying is that the Bill deals with coasting schools in the maintained sector and, if that is so, there is a bit of a problem if we are going to deal with the issue by simply recreating that. I simply record my reservations. The noble Lord, Lord Hunt, was right to say that as it stands the clause may not achieve all that it sets out to, and if it comes back again I would be very interested to have a look at it. Still, I have these reservations and wanted to put them on record.

[Baroness Evans of Bowes Park (Con)]

My Lords, this new clause would allow a local authority to establish a committee to review and scrutinise the provision of education in coasting schools, where such schools make up more than 10% of schools in the local area.

First, I shall touch on the points made by the noble Lord, Lord Hunt, and the noble Baroness, Lady Pinnock, about the accountability of academies. Our view is in fact that the accountability structure for academies is stronger because it reflects their status as both charitable companies and public bodies. This means that when it comes to matters of good governance and financial management, which, as the noble Lord, Lord Sutherland, noted, are very important, they not only have statutory responsibilities under company law but explicit accountabilities to Parliament. Because of this dual layer of accountabilities, academies have a stronger financial framework and are held up to greater scrutiny than most other types of schools.

[Baroness Pinnock]

I wonder whether we are at risk of thinking that accountability for children’s education—their one chance to get a good education—is all about balance sheets, audits and professionals coming to some conclusion having looked at attainment levels. At their heart, parents are concerned about whether their children are happy in school, whether bullying is dealt with and whether they get opportunities outside school for extensive education—creative, artistic or sporting. Those are the sorts of things that they take into account as well as their child’s academic progress. That is the accountability that I am talking about, not some dry, dusty PwC audit report that parents may not be able to understand. They do understand what happens to their children’s experience in schools. Where can they ask the questions?

[Baroness Evans of Bowes Park]

I mentioned that because the noble Baroness specifically talked about academies suffering financial failures, so I was addressing that point. I will come on in due course to talk about some of the other issues that she has raised.

We believe that the amendment is not necessary as the Bill gives regional schools commissioners, working on behalf of the Secretary of State, the powers to work with, and intervene in, any school that is coasting. Both the noble Lord, Lord Hunt, and the noble Baroness, Lady Pinnock, mentioned health scrutiny committees as a potential way of looking at this issue. The structure that we believe will work best is that of regional schools commissioners, and I will go on to explain why. I am sure that we will come back to this matter time and again this afternoon but I will attempt to put down the first marker as to why we believe that the Bill has devolution at its heart.

First, the Bill is concerned with improving schools that have failed. Decisions will be taken by regional schools commissioners, who are immersed in their local context—a point highlighted by the noble Earl, Lord Listowel, from the conversations that he has had and from what he has seen. They are also advised by outstanding local heads. So there is local accountability and I will come on to talk a little more about that in due course.

Secondly, one of the main measures in the Bill gives greater power and responsibility to education professionals. The thrust of the Government’s agenda is to devolve power down to the very local level, trusting head teachers to know what is best and to do all the things that we want to see in good schools, as mentioned by the noble Baroness, Lady Pinnock. I am sure that we will return to this in later amendments.

As I said, the Bill provides RSCs with additional intervention powers for maintained schools so that RSCs can directly tackle schools that have been allowed to fail, or indeed coast, under the local authority’s watch. This means that all coasting schools will come under the scrutiny of regional schools commissioners. The RSC will work with each coasting school in their area to identify whether the school has the capacity to improve sufficiently by itself, which is one option, or whether additional support, including potential intervention, is needed. Such additional support could come from a national leader of education. Alternatively, the RSC may consider that the school should become a sponsored academy, or, as the noble Lord, Lord Sutherland, mentioned, there might be a partnership between the existing school and other local maintained schools or local academies.

The work of RSCs will go beyond what is suggested in the amendment. RSCs will not wait until 10% of schools in an area have been notified that they are coasting before reviewing the education provision in those schools. Their work in relation to coasting schools needs to be continuous and thorough, with the aim of intervening swiftly where necessary. RSCs are strategically placed around the country to make decisions about coasting schools while, as I said, being immersed in the local context.

The noble Lord, Lord Hunt, asked about the role of local authorities. They will work very closely with RSCs, and I will come on to that. However, in terms of provision, local authorities can run competitions to set up new schools in areas where there is such a need. So there is still a role for local authorities, and many around the country have been active, although perhaps not enough due to the places issue that we are facing.

As I said, we expect RSCs to work closely with local authorities, and we have already seen evidence of effective partnerships. For instance, in Suffolk, the regional schools commissioner, Dr Tim Coulson, meets the local authority every month to discuss schools of concern. The RSC has strongly encouraged the authority to use its existing statutory intervention powers, and over the last 12 months Suffolk has issued 22 warning notices to poorly performing schools. The RSC has brought into Suffolk a number of new academy sponsors with proven track records of success. Overall, 17 underperforming Suffolk schools have become sponsored academies since September 2014 and a further five are in the process of converting. Also, this month the RSC is meeting the leader of the council to discuss establishing a school improvement board with the aim that every school inspected by Ofsted over the next two years will improve by at least one grade.

As to accountability and parents, the Schools Causing Concern guidance which is currently out for consultation makes it clear that local authorities should already alert the relevant RSC when they have concerns about standards, leadership or governance in an academy or a free school. Parents can, and already do, write to RSCs when they have concerns. As I have said, RSCs are very clear about the need for community and parental engagement.

[Baroness Massey of Darwen]

I am sorry to intervene but I am getting rather confused. Did the Minister say that parents can write to the RSC?

[Baroness Evans of Bowes Park]

Yes.

[Baroness Massey of Darwen]

Why is it not the other way round? Why does the RSC not convene a meeting of parents? I am quite concerned about the letter from the Minister to the noble Lord, Lord Lang, which says that this,

“shows our absolute determination to create a school led system and to devolve decision making to experts on the frontline as far as possible”.

Who are the experts on children on the front line—are they not parents?

[Baroness Evans of Bowes Park]

Indeed, and also teachers. RSCs, for instance, go to meetings in schools to talk with parents about what is happening. At the last sitting, due to concerns about clarifying how the interaction between parents and RSCs will happen, we also committed to considering whether we can be more explicit in the guidance about what that interaction will look like; so we will come back with more to say on that.

As the Committee can see from the examples I gave, RSCs are already scrutinising the schools in their area that they have concerns about, with a view to intervening swiftly where necessary. In addition to the new powers for RSCs as set out in the Bill, I hope that I have been able to reassure noble Lords that we will be actively monitoring and reviewing all coasting schools and intervening when appropriate. I therefore urge the noble Baroness to withdraw the amendment.

[Baroness Massey of Darwen]

How many of the schools identified for intervention are academies?

[Baroness Evans of Bowes Park]

We gave figures at the last sitting. I do not have them to hand now but can get that information to the noble Baroness.

[Baroness Massey of Darwen]

Is the noble Baroness aware that 25% of all failing schools are academies?

[Baroness Evans of Bowes Park]

That is because a number of state-maintained schools have now converted to become academies; so they have shifted into being academies.

[Lord Hunt of Kings Heath]

Is the noble Baroness seriously saying that the only failing academies are ones that have just transferred?

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[Lord Watson of Invergowrie (Lab)]

My Lords, I support Amendment 15A and I agree with the sentiments espoused by the noble Baroness, Lady Sharp. It is surely sensible that a school should not be the subject of an academy order until or unless a sponsor has been identified as appropriate for that school as an academy. The alternative is for the school to be placed in a form of limbo, which as I see it cannot possibly be of any benefit to the children, parents or teachers or anyone else associated with the school. Can the Minister say, concerning the Bill, how many schools have already been designated as ready to be academised but have not yet been moved to that sector because for whatever reason it has been impossible to find an appropriate sponsor?

It is not clear what the DfE or perhaps the regional schools commissioner would do in such situations. Do they seek a local maintained school to take the failing school under its wing? Does the Minister anticipate that the suggestion made in the amendment relating to a local authority should apply in those situations? It would seem that there are good reasons why it should. I imagine that he will reject the amendment, however, so can he tell us what would happen if in these circumstances a sponsor cannot be found? I will have more to say on the question of sponsors in the sixth group, but for the moment I look forward to the Minister’s response.

[Baroness Evans of Bowes Park]

My Lords, I would like to respond to Amendment 15A, tabled by the noble Lord, Lord Storey, and the noble Baronesses, Lady Pinnock and Lady Sharp. This amendment concerns whether and how a regional schools commissioner would identify the most suitable sponsor for a maintained school that had failed.

Clause 7 makes it clear, as did our manifesto, that for any school judged inadequate by Ofsted an academy order must be made. The RSC will take responsibility for this, identifying the most suitable sponsor and brokering the new relationship between that sponsor and the school. RSCs are already responsible for approval of sponsors, subjecting prospective sponsors and their trusts to thorough scrutiny before they can be approved to take on sponsored academies. I assure the noble Baroness, Lady Sharp, that they consider all new sponsor applications in their region against robust and uniform criteria which are available, and they approve those which can demonstrate that they have the capacity and expertise to turn underperforming schools around. Through this rigorous assessment process, supported by the advice and challenge of their head teacher boards, RSCs ensure that prospective sponsors have a strong track record in educational improvement and financial management and that their proposed trust has high-quality leadership and appropriate governance.

RSCs are also responsible for monitoring and holding academy trusts and sponsors to account for their educational performance. They do this robustly through Ofsted inspection reports on the schools within a trust and published performance data. Trusts are also held to account for their financial management, governance and compliance by the Education Funding Agency. Information about MATs in these areas is transparent, with academy trust accounts audited and made publicly available. Where it is clear that a trust is not improving a school, the RSC will not hesitate to take action and re-broker it to a stronger trust.

As I have described, RSCs take a wealth of data and intelligence into account when identifying which sponsor should take responsibility for turning around a failed school. The tabled amendment requiring RSCs to take account of value-added performance and progress measures when identifying a sponsor for a failing maintained school is unnecessary. RSCs already look at a sponsoring school’s performance and, of course, in the future our new Progress 8 measure, by which secondary schools will be held to account, is a value-added methodology. In fact, the department has led the way in using added value to assess performance, publishing proposals on using such measures for chains and local authorities back in March.

The amendment also proposes that where there is not a sponsor of a high enough quality available, a failing school should be sponsored by a local authority maintained school or, indeed, directly by a local authority. This amendment is unnecessary because RSCs will ensure that a failing school is matched with an academy sponsor. To reassure the noble Lord, Lord Watson, RSCs have a wealth of good sponsors available already. There are 778 approved sponsors, all of have been subjected to the rigor described and the criteria I have outlined. RSCs are continually identifying and supporting additional outstanding schools in their area to become new sponsors. That is one of the benefits that RSCs have already brought to the programme.

[Lord Watson of Invergowrie]

I thank the Minister for the figures she has just given us but is she saying that there have not been cases where a school has been designated to be an academy but has not been able to continue because there is no sponsor? She mentioned some 700 sponsors. Are these organisations just waiting in the wings for a letter saying, “Will you take over this school?” or is this a plan for if and when this Bill is implemented? It is not clear what the figure of 700 involves.

[Baroness Evans of Bowes Park]

There are 778 approved sponsors and about 20% are waiting to be matched with schools. The noble Lord asked which schools may need sponsoring. The precise number will vary from year to year and will depend on Ofsted inspections and test and examination results. We anticipate that as many as 1,000 failing maintained schools could potentially become sponsored academies under the new measures.

[Baroness Morris of Yardley (Lab)]

I think the issue about how long schools wait before they find a match with a sponsor is very important. I had heard anecdotally—so this is the Minister’s opportunity to put it on the record—that quite a number of schools are now known as orphan schools because they have been taken away from one sponsor and have not yet been given another one. Does the department have a target time in which an alternative or a first sponsor should be found? What is the department’s record on achieving that target?

[Baroness Evans of Bowes Park]

We look for a sponsoring match to happen as quickly as possible but one of the issues that this Bill is attempting to address is the delays caused by the very process that schools have to undergo at the moment.

--- Later in debate ---

[Baroness Evans of Bowes Park]

I think it would be best if I wrote to the noble Baroness as I do not have the figures directly to hand.

The academy trust structure also brings greater autonomy with a strong accountability framework. International evidence has shown this drives up standards. Academies operate under a robust accountability framework under which we are able to hold the trust directly to account for their school improvement and we have clear routes to intervene should concerns arise. We would not have the same robust accountability if a maintained school or a local authority took over responsibility for a failing school.

It is also not just about the freedoms and stronger accountability, though; it is also about some of the substantial advantages of operating in a multi-academy trust, which the noble Baroness, Lady Sharp, identified. It is acknowledged that the best way to improve schools is through local school-to-school support, and the best, most rigorous, efficient and accountable way to do that is through such a multi-academy trust. People who run multi-academy trusts talk about the advantages of the freedoms, the sense of being in control of one’s own destiny, the career opportunities as people are employed across a group of schools, the ability to retain good staff and, crucially, the ability to share best practice. They talk about leadership development, the enhanced CPD and, on the operational side, the economies of scale and purchasing power of being in a MAT. They talk about the ability to have common school improvement, behaviour management systems, a common curriculum, common teaching pedagogy and systems and the limitless benefits of pupils moving from primary to secondary when a MAT has both types of school in its family.

[Baroness Pinnock]

What I am concerned about in what I am hearing is that the Minister is suggesting that that does not occur in the maintained sector. There is sharing. The schools forum, which all local authorities have to have, brings head teachers together to discuss the very things that she has just described: a common approach to training, personal development for teachers, the sharing of best practice and being able to determine the “destiny” of schools, as she puts it—I hope that in fact we are talking about the destiny of children within them; it always worries me when people talk about the schools rather than the children. None of the factors that she listed there is relevant only to academies. They apply also to maintained schools, and we ought to recognise that.

[Baroness Evans of Bowes Park]

I did not say that they did not, but we are talking here about multi-academy trusts and why for failing schools it is a good option for them to be involved. Local school forums do indeed have a role but I think that many head teachers would talk about the positive benefits that they have found in setting up a multi-academy trust. That is all I am saying. I am not saying that local maintained groups of schools are not able to form good partnerships themselves.

[Baroness Pinnock]

Would the Minister therefore support outstanding local maintained schools becoming a sponsor for these schools? As she has just said that they can also behave in the same way, there does not seem to be any argument against a local maintained school becoming a sponsor for a failing school.

[Baroness Evans of Bowes Park]

They could certainly become an academy and do that, but they would have to have the same legal structure. I shall come on to that in a second.

Given that 65% of our secondary schools are now academies, it is increasingly sponsors for primary schools that we are seeking to source and develop. In small primary schools the MAT structure is even more critical, again making it necessary for sponsoring schools to be academies themselves that are able to form such a MAT rather than leaving small sponsored primary schools standing alone. We would certainly hope that any maintained school with the expertise, capacity and enthusiasm to support a struggling school would consider converting to academy status in order to do this, in the process unlocking all the benefits and opportunities that I have described.

We also anticipate that as more schools become academies and local authorities have fewer maintained schools left, as many already do, we will see members of local authority teams who are skilled at school improvement spinning out to set up their own MATs, and this development would be most welcome.

In conclusion, I shall quote Maura Regan, CEO of Carmel Education Trust, who attended our sponsor event last week. She said:

“We have to accept that what has happened historically in many local authorities has not worked. We are about revolution—we need to take a break from the past and embrace a new model whereby school leaders are increasingly in charge of their own destinies”.

In light of that, as well as my explanations, I urge the noble Baroness to withdraw her amendment.

[The Earl of Listowel]

I was interested in what the Minister said about the sponsorship process. I would be interested to learn a bit more about it—how sponsors are selected; how they are inducted; and how they are qualified. I guess there is a certain sensitivity in that one wants people to sponsor, so one does not want to place too much of a burden upon them; but on the other hand, it is important that if they sponsor, it is a success and there is not a clash of cultures but complementary working together. The Minister may like to write to me, or perhaps she will say a few words now about that process and particularly about induction so that we ensure that sponsors perhaps spend time in a school sitting at the back of the class so they have a sense of what it is like at the coalface—the chalkface, I should say.

[Baroness Evans of Bowes Park]

I am very happy to write to the noble Earl on that point.

--- Later in debate ---

[Baroness Evans of Bowes Park]

My Lords, Amendment 18, tabled by the noble Baroness, Lady Sharp of Guildford, concerns provision for pupils with special educational needs and disabilities at schools which have been judged inadequate by Ofsted and will therefore become academies with the support of a sponsor. This amendment would mean that before a sponsor could take on a failing school, it would have to submit detailed plans about how it proposed to support pupils with SEN and disabilities, both those with an education, health and care plan and those without. Where there is doubt that the individual school would be able to offer specialist provision for these pupils, the Secretary of State would have to provide guidance to the sponsor about how collaboration with other schools could provide this. The purpose of the Bill is to ensure that when a school has failed there will be swift, decisive action to bring about urgent transformation. We do not want this to be unnecessarily delayed.

In response to the noble Earl, Lord Listowel, we have set out in the draft Schools Causing Concern guidance that the number of pupils with SEN should be one of the factors that RSCs take into account when determining the best course of action for a coasting school, so they will consider it. While I recognise the noble Earl’s concerns in this area, we believe that this amendment is unnecessary and I will set out the reasons why. I reassure noble Lords that we have a robust system in place to ensure that academies are identifying and addressing the needs of pupils with SEN and disabilities—a system that we reformed extensively only last year. All academies are subject to the same requirements and expectations as local authority-maintained schools in their provision for pupils with SEN and disabilities.

To address the concern that the noble Baroness raised on behalf of the Royal College of Speech and Language Therapists, we are not just talking here about those students with more complex needs, who qualify for education, health and care plans. We have also strengthened requirements on schools in relation to how they support all students with SEN. The noble Baroness, Lady Hughes, asked about that system. It includes the requirement for schools to produce an SEN information report, which must be published on their websites. The report must describe the kinds of special educational needs for which provision is made at the school and information about the school’s policies for making provision for all pupils with SEN. The report must also describe how it involves other bodies, including health and social services bodies, local authority support services and voluntary organisations, in meeting the needs of pupils with SEN and supporting the families of those pupils.

As I have said, academies must follow the same requirements on SEN provision that apply to maintained schools. The sponsor taking responsibility for the failing school must therefore ensure that the school complies with all these requirements. This means that information about the academy’s provision for SEN and how it will collaborate with other organisations as part of that provision must be available, even without this amendment. Sponsors taking on a new school will have to give careful consideration as to how the needs of pupils with SEN at the school are met and whether they can put any additional support in place.

An example, particularly drawing on the collaboration that the noble Lord, Lord Addington, mentioned, is Dorothy Barley Junior School and Special Needs Base, which became a sponsored academy in 2013. The sponsor identified for the school, REAch2, has “inclusion” as one of its founding principles, and took care to consider the potential impact of academy conversion on SEN pupils. REAch2 committed to make provision for children with SEN through inclusion in mainstream classes and, where necessary, outside class. The trust already included a number of primary schools with specialist units providing support for children with SEN—including a specialist speech and language unit at Aerodrome Academy in Croydon, a centre for children with autism at Tidemill Academy in Lewisham and a specialist unit for children with autism and ADHD at Hillyfield Academy in Waltham Forest—so it had strong experience of delivering SEN provision and managing specialist units. We entirely agree that collaboration really helps in this area. Local authorities will of course retain responsibility for services such as education, health and care plans and for the assessment and monitoring of SEN provision once a school becomes an academy.

Academies are inclusive schools which play a full part in providing for children with SEN and disabilities. The noble Baroness, Lady Hughes, asked for some figures. Sponsored academies have a higher proportion of pupils with SEN than the average across all state-funded schools. In January 2015, 17.3% of pupils in sponsored secondary academies were identified as having some form of SEN, compared to 14.3% of pupils in all state-funded secondary schools. In relation to sponsored primary academies, 17% of pupils were identified as having some kind of SEN, compared to 14.4% of pupils in all state-funded primary schools.

The noble Lord, Lord Watson, asked about exclusions. I can reassure him that there is no trend suggesting that academy exclusions are more likely to be overturned. Academies and maintained schools have the same rate of reviews resulting in the independent review panel directing a school to consider reinstating a pupil.

I thank the noble Baroness, Lady Sharp, for raising in her amendment the matter of collaboration. There are certainly many benefits, as I have mentioned, and many MATs already have common SEN policies across their schools or share specialist provision. We therefore do not see that it is necessary to require this in law. We believe that it is right to leave it up to the professionals to decide exactly how best to meet the needs of pupils with SEN, and where collaboration between different schools would be of benefit. It is in the best interests of children with SEN and disabilities, as it is in the best interests of all pupils, for the failure of a school to be addressed as swiftly as possible. On the basis of these reassurances and my explanation of what is already occurring, we hope that the noble Baroness will withdraw her amendment.

[Baroness Sharp of Guildford]

I am very grateful to noble Lords for participating in this debate. I thought it was going to be just a quick debate; I am delighted to have the support that I have had around the Committee. I thank the Minister for her response, which, as I expected, was a reassurance that these procedures are already in place.

I will raise just one issue with her. Perhaps she might take this away and think about it. As she will know, with the transfer of so many schools into academies, many local authorities have run down their capabilities of coping with special educational needs and providing help. Increasingly, it is left to outside consultants to provide that help. I know that quite a number of authorities are struggling to meet the demands that are required in reviewing the education, health and care plans, and something of a backlog is building up. There is also a question of whether they have the capabilities to do the monitoring that is now written into the Act; the local authorities are required to monitor these facilities in both local authority state schools and academies. If they are to do this monitoring, it is important that they actually have the capability to do it. Perhaps the Minister and the Chief Inspector of Schools might need to think about this. With that, I beg leave to withdraw the amendment.

Education and Adoption Bill

Baroness Evans of Bowes Park Excerpts

Thursday 5th November 2015 Grand Committee

[Baroness Howarth of Breckland]

My Lords, I take a slightly different view. I shall be brief. I am quite sure that the Government cannot intend that when this process moves forward there is no communication between the school and the other stakeholders, in particular, the parents. I say to the noble Lord, Lord Watson, that I am no education expert, but I know a great deal about children and children’s advocacy. My great worry is that often we worry about the status and needs of parents over and above those of children. I come from a pretty tough working-class background, and if my school had not, if you like, overridden my parents on occasion, I would not be standing here. As we are into personal anecdotes, I am giving one.

I think that both things need to happen. There has to be quick action when a school does not meet the needs of children. You cannot spend a long time discussing matters with parents who may be comfortable about what is happening, although it will not benefit their children in the long term. However, I do not think that that prevents good communication, and I cannot believe that the noble Lord, Lord Nash, and his team intend that.

[Baroness Evans of Bowes Park (Con)]

My Lords, the noble Lord was right when he noticed that I would be responding to this amendment. I shall allow him and the Minister to continue their debate next week, when no doubt we will cover these issues in more detail, and I will focus on the amendment.

Amendment 4 proposes that a governing body must inform parents that a school has been notified that it is coasting. We firmly believe that, once a school has been notified that it is coasting, we should trust the governing body to engage parents as they see fit, exactly as the noble Baroness said. That is what we would expect of a school. In practice, we envisage that where a school meets the coasting definition, the governing body will voluntarily inform parents. Issuing a communication to parents is already the normal approach taken by schools following the publication of exam results or Ofsted inspections. In fact, schools are not required to notify parents of Ofsted judgments but they do, and we would expect schools to adopt a similar approach in this situation. We would certainly expect governing bodies to be as open as possible with parents.

In the modern day and age, with social media and the availability of lots of websites, we would also—

[Lord Hunt of Kings Heath]

I note what the noble Baroness said about schools and Ofsted inspections but I have certainly come across cases where schools and governing bodies have been very reluctant to release this information because they do not like what it says. I agree with the noble Baroness about parents and children, but there ought to be a guarantee or requirement that parents will receive information, whether it relates to Ofsted or is about coasting. I am afraid the fact is that some schools do not do the right thing when they get an adverse Ofsted judgment.

[Baroness Evans of Bowes Park]

I hope that the noble Lord will be pleased to know that I was going to go on to say that, in view of the concerns that have been expressed, we will consider how we can ensure, through the Schools Causing Concern guidance, that parents are sufficiently aware that their child’s school has been identified as coasting. We absolutely agree that that is important. Of course parents need to know. Our feeling is that governing bodies will provide such information but, in the light of the concerns raised, we are happy to consider being a bit more explicit. I hope on that basis that the noble Lord will withdraw the amendment.

[Lord Watson of Invergowrie]

I am delighted to hear what the noble Baroness has said. She couched it in terms of “considering” but I await the schools guidance with interest. She said that governing bodies regularly notify parents of a number of issues. That is so but, as my noble friend Lord Hunt said, some do not, and our proposal would make the notification mandatory. If it is going to be mandatory in terms of guidance, why not put it in the Bill? I do not see any reason not to tie it down in that way.

There is the further question of what happens after the parents have been told. I was rather surprised by some of the remarks of the noble Baroness, Lady Howarth. I accept that the needs of children have to come first but most parents are very concerned about how their children are doing at school and they want education to be as beneficial to their children as possible. I do not see that the needs of the parents and the needs of the children necessarily diverge. If we could make the assumption that they were absolutely the same, that would be very positive. I accept that we cannot; none the less, we have to trust parents to some extent as well, and surely they have the right to make representations about something with which they are unhappy.

--- Later in debate ---

[Baroness Sharp of Guildford]

My Lords, I have some sympathy with what the noble Lord, Lord Watson, said about teacher recruitment. A potential crisis is arising. I know that the Minister does not agree with that—we had a Question in the House the other day about precisely this issue.

I want to take the amendment at face value rather than preach about what is likely to happen with teacher recruitment. The amendment states:

“Prior to defining a school as coasting, the Secretary of State must undertake an investigation and report on the current level of teacher recruitment and retention in that particular school”.

That brings me back to the previous amendment, where I talked about how important it was that schools should build trust with parents and work in cohesion with them. I say again that a happy school is one where there is a stable staffing situation, without children being subjected to constant changes of teacher, sometimes halfway through a term, with supply staff brought in who have no knowledge of the young people whom they are teaching. Such teachers are often ineffective because they are coming in halfway through term and trying to pick up where other teachers have left off.

As I said earlier in relation to the first group of amendments, many underperforming schools are those which have suffered from a long interregnum in recruiting new head teachers. A new head who is finding their feet in a new school may be doing good things, but it takes time nevertheless to turn a school round. It requires at least a year, if not longer.

My reading of the regulations is that the regional schools commissioner must have discretion to look at the situation in which a school finds itself. It is not in a school’s interest, particularly where a new head is bedding down, to throw the whole thing into turmoil again by enforcing academisation, with a new senior management team, a new board of governors and so forth.

It seems useful in these circumstances to make it clear, perhaps in regulations rather than in the Bill, that the regional schools commissioner has discretion to look at teacher recruitment and retention. Teacher shortages still vary enormously from region to region and within regions. It is silly to require a new senior leadership team in a school which is coasting, as distinct from having positively failed, if it is going to be almost impossible to recruit a new senior leadership team. That is certainly true of parts of the south-east, where it is extremely difficult to get head teachers—I was talking about that earlier.

It would be very useful if we could have this spelled out in regulations. It need not necessarily be in the Bill, but there seems to be a lot of sense in it. In that sense, I support the amendment.

[Baroness Evans of Bowes Park]

My Lords, the noble Lord, Lord Watson, is right that the recruitment and retention of high-quality teachers is crucial to achieving our goal of educational excellence everywhere. As I explained at Questions yesterday—the noble Lord may dispute the figures—the number of teachers in post is at an all-time high and the number of teachers leaving the profession remains low, with around three-quarters still in the profession after five years’ service.

As the noble Baroness, Lady Sharp, rightly said, there is an overall challenge, but in some areas of the country there is a struggle to attract, recruit and retain high-quality teachers. That is why we are actively supporting schools to take a leading role in the training of new teachers and have given schools greater flexibility to attract and retain good teachers through the pay system. It is also why the Secretary of State on Tuesday announced the creation of the National Teaching Service with the aim that by 2020 it will deploy 1,500 high-performing teachers and middle leaders into underperforming schools in areas that struggle to recruit. There are already many outstanding teachers and leaders working in challenging areas, but we know that more needs to be done to help them and we are committed to giving them support.

My noble friend was clear that when we are discussing coasting schools, regional schools commissioners will consider whether the school has the capacity to secure sufficient improvement without formal intervention. In some cases, a school which falls within the coasting definition may have a new head teacher, governor or leadership team who can demonstrate that they have an effective plan to raise standards sufficiently. In these cases, the school will be left to improve.

This amendment suggests that where a school fails to ensure that pupils reach their potential because there are retention and recruitment issues at the school it should not become eligible for intervention. We feel this is counterintuitive. These are the very schools that require additional support to address those problems in order to improve outcomes for their pupils. This Bill will provide that support. We have made clear in the Schools Causing Concern guidance, on which we are currently consulting, that RSCs will take a range of contextual factors into account when looking at coasting schools. They could include looking at teacher recruitment and retention. Where this is identified as an issue, the RSC will be able to work with the new National Teaching Service to bring teachers into the school to work alongside the existing teachers to make the improvements needed. Other measures, such as encouraging schools to participate in School Direct partnerships, which allow them to train and employ high-quality new teachers, might also be appropriate.

The noble Lord, Lord Watson, raised several issues around School Direct, so I will cover some of them briefly. Completion and employment rates from teacher-led teacher training are higher than from university-led provision, but we agree that universities remain an important part. In fact, the move to school-led teacher training is helping to encourage collaboration because 70% of School Direct places are delivered by universities. As I said yesterday, a school-led system is not a university-excluded system. We want to see collaboration.

[Lord Watson of Invergowrie]

I welcome what the Minister has said. I am not suggesting that the two are mutually exclusive, but figures show that universities are now less certain about the number of students they will get. They are also less certain of the relationships they will have with schools. School Direct seems to be the preferred choice of the DfE. That may or may not be the right way to go, but universities need some reassurance. Why are university departments closing? Why are education student numbers at universities falling if there is not a problem as I outlined? It is not a question of either/or. Surely the two should be working together.

[Baroness Evans of Bowes Park]

Absolutely. We are seeing growing collaboration. The noble Lord is right that we are looking at teacher training on a year-by-year basis because we believe that schools should be at the heart of thinking about where they want to get their best training. The best universities will be extremely attractive. They are still the only organisations that can award PGCEs, which remain extremely popular. While we think that the school-led system is the way we want to go, we see that the collaboration is working within the system.

This year we hit our primary recruitment targets. We made good progress on secondary and are ahead of last year in some key subjects, such as English, maths and physics. The noble Lord also mentioned STEM subjects. Again, we want to attract the best graduates into teacher training, which is why we are looking at generous bursaries from next year, up to £30,000. We are also looking at some of the issues that teachers tell us worry them most once they are in a job, such as unnecessary work-flow and poor pupil performance, so that we can help to ensure that when teachers are in the profession, they stay in it. Again, teacher retention remains good and has remained pretty stable for the past two decades.

I hope that the House realises that we take the issue of recruitment and retention very seriously. As the Minister has already said, high-quality teachers are absolutely crucial, and the impact that they can make on young people is huge—so we take this seriously, and we believe that we are already taking steps to support schools when this impacts on the progress that pupils make. I therefore ask the noble Lord to withdraw his amendment.

[Lord Watson of Invergowrie]

I thank the Minister for her remarks. I certainly welcome the fact that she has acknowledged the importance of teachers and underlined that they are key to future development of education and to raising standards. There is no point in bandying figures back and forth, because I suppose that she will cherry pick figures that suit her. I hope that I am not doing the same, but it has been quite widely reported that 50,000 teachers left the profession in the last year, which is the highest ever level. She said that the figures were down, so there is something not right there. To me, that is the most worrying statistic, because it means not that all teachers are reaching 60, or whatever age at which they choose to retire, but that they are leaving the profession because, for some reason or other, it is not giving them what they want, or they feel that they cannot put in what they want to improve children’s education. That is a very worrying statistic. The Minister said that primary recruitment targets have been met this year. That is obviously to be welcomed but there are, understandably, greater challenges in secondary schools, which must be pursued.

If I caught the Minister’s remarks correctly, she said that the amendment suggested that schools should not be eligible for coasting until teacher recruitment and retention was a problem. That is not what I said and it is not what the amendment said, and I certainly did not mean to say it, if I did. Attention should be given to the whole teacher recruitment question, and that was the whole point of the amendment. She will understand that, as with most amendments in Grand Committee, it is a probing amendment, and I wanted to get these issues discussed and on the record. I am pleased that we have been able to do that.

The Minister said that the regional schools commissioner would take into account contextual factors when considering whether schools should be designated as coasting. She said that that could include teacher recruitment and retention—but why would that not automatically include those things?

[Baroness Evans of Bowes Park]

Through the metric that we have discussed, when a school would be considered to be coasting, teacher recruitment and retention would be taken into account—it is about what intervention may be needed in terms of what support the schools may need when they have been identified as coasting through the measures that we have discussed. It may well mean additional support—and we have talked about the National Teaching Service coming in and helping with high-quality teachers. So it is about bringing that to bear, as to how best to help the school improve.

[Lord Watson of Invergowrie]

I think that we have covered the issues that I hoped we would cover. With that in mind, I beg leave to withdraw the amendment.

--- Later in debate ---

[Baroness Sharp of Guildford]

In relation to this amendment, while we have some sympathy with the notion that there should be an appeal when a warning notice is issued, we are by no means convinced that the First-tier Tribunal is the right place to go.

[Baroness Evans of Bowes Park]

My Lords, I shall speak to Amendment 13 and warning notice appeals. The Bill proposes that the governing body of an underperforming school should no longer be able to make representations to Ofsted about being given a warning notice. The amendment would restore an appeal route, although not the same route. The amendment would require the Secretary of State to make regulations that would allow a school to have a warning notice reviewed, or allow it to appeal to the First-tier Tribunal, which could then revoke the notice.

The amendment would not preclude the local authority or regional schools commissioner from issuing a revised notice to that school, but we believe that it oversteps the mark and builds into the process delays and arguments that are a distraction from the important business of getting the school to improve. Indeed, appeals to the First-tier Tribunal would lead to the clock stopping and months of delay ensuing while all avenues for appeal are exhausted. During this time, children will be in a school that is causing serious concern and they will not be given the education that they deserve.

To clarify, any complaints about the decision made by a regional schools commissioner may be directed to the schools commissioner. If a formal complaint is lodged, it will be dealt with in accordance with the department’s formal complaints procedure, which involves an independent officer, an official, investigating the complaint and making a recommendation. One formal complaint about a regional schools commissioner’s decision has been made so far and has been considered but no evidence was found to uphold it. Ultimately, the process for appealing a decision made by a regional schools commissioner is to apply for judicial review via the courts.

The noble Lord, Lord Watson, referred to warning notices. Our figures indicate that we have issued 112 formal notices to underperforming institutions. Ninety- eight of these were issued to academies associated with 53 individual sponsors. We have also changed sponsor arrangements for 100 academies and free schools where there has been underperformance.

[Lord Watson of Invergowrie]

What period does that cover? Is it just since the regional schools commissioners were established or does it go back to 2010?

--- Later in debate ---

[Baroness Evans of Bowes Park]

It is since the academies came in, so it applies to a wider period than since the regional schools commissioners have been in place. I reassure the House that we believe the process as set out in the Bill is fair and reasonable and that there are appropriate safeguards built in where schools have concerns. Regional schools commissioners and local authorities already have to act reasonably in carrying out their functions on behalf of the Secretary of State. The revised Schools Causing Concern guidance, on which we are currently consulting and seeking views, also sets out clear processes and expectations for the giving of warning notices. This is guidance which local authorities and regional schools commissioners will follow. The Bill requires the local authority to notify the regional schools commissioner if it issues a warning notice and vice versa. Regional Schools Commissioners can therefore already review a local authority’s warning notice and, if they believe that it is not appropriate, they can issue their own that would render the local authority’s notice redundant.

Although I understand the sentiments behind the amendment, it builds in additional process in primary legislation which is unnecessary and time-consuming and is not helpful in supporting schools to improve in the best interests of children. In the light of this, I urge the noble Lord to withdraw their amendment.

[Lord Watson of Invergowrie]

If this is all just a distraction, will the Minister tell me what she thinks the role of school governors is?

[Baroness Evans of Bowes Park]

Obviously, the role of school governors is to hold head teachers to account to ensure that the school is providing the high-quality education that they are looking for. They have an oversight role and have to be involved in the school by going to visit and making sure that they know what is going on.

[Lord Watson of Invergowrie]

But do they have no right to comment in situations where warning notices are being issued? This seems to me to be saying that they have no meaningful role, as it is being taken away from them. Surely that cannot be a positive step.

[Baroness Evans of Bowes Park]

No, as I said, any complaints about a decision made by the regional schools commissioner can be directed to the schools commissioner. If a formal complaint is lodged, it will be dealt with through the process that is in place. Ultimately, the end process is judicial review.

[Lord Watson of Invergowrie]

I noted the noble Baroness’s remarks that delays and arguments are a distraction to the process of bringing about change in a school. The whole underlying ethos of the Government’s approach to the Bill is that people who might not agree with the proposal are simply to be sidelined. They are to be silenced—gagged—and to have no input, because they might delay the process. I do not think anybody has said anything other than that change needs to be brought about as quickly as possible. But at the same time the Government must consider the fact that some people have different views from those they may have. Those views should be considered.

The Government do not have, despite their victory on 7 May, the right to ride roughshod over people’s views, particularly those of local people, on such important issues. It does not serve the Government’s case to suggest simply that complaints can be made to the regional schools commissioner or the schools commissioner, or through judicial review. Yes, of course judicial review is open to anyone anyway in any situation, but that is not the point. This is a specific proposal that relates to the role of a school’s governing body, which is being taken away from that body. As I said earlier, it is difficult to see why anybody would want to be a school governor, because they are being disfranchised and disempowered, and basically being told that what they say does not matter. I am disappointed that neither Minister is willing to consider this. We may return to this issue on Report, but at this stage I beg leave to withdraw the amendment.