Children and Families Bill Debate

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Department: Department for Education
Tuesday 28th January 2014

(10 years, 10 months ago)

Lords Chamber
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Baroness Howarth of Breckland Portrait Baroness Howarth of Breckland (CB)
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My Lords, I had not intended to speak in this debate, but I find myself in some difficulties in knowing what I should think about where we are going. I have listened to the impassioned speeches and, like many speakers, I have had very direct contact with young people who have suffered in very real ways, as the noble Baroness, Lady Kennedy, illustrated, from the side effects of cyberbullying, the new technology and all those issues that will surely be taken on board when the group reviews the guidance in relation to schools.

I would, however, like to ask a couple of things of the Minister while I am thinking through where I stand. First, I am concerned that the review will not be comprehensive. The world is so different now. To the noble Lord, Lord Knight, I say it is a very different world to even when the noble Lord was putting his group together. It is certainly a very different world from when I was listening to children talking on the lines at ChildLine. Even then, very young children were extremely confused about sexuality. There is no doubt that we need to get sex education for all children firmly into the educational process.

I say to the noble Baroness, Lady Knight, that the age of innocence, with respect, is long past. If you have watched the penguins with David Attenborough or the midwife programme, you have it all there before you. Much as we would like our children to be innocent, what the parents that I talk to worry about is not the innocence of their children but how their children will protect themselves and retain their own capacity to be responsible in a world that bombards them continually with these images. No child who lives in the modern world, unless they are totally in a bubble, is going to escape that. We have got to ensure somehow that they are prepared.

In saying that, however, I want to hear what the Minister has to say about PSHE. I thought my noble friend made an extremely important point about relationship education not being all about sex, and I hope the noble Lord will hear that and, indeed, others who have spoken. Certainly, as the noble Baroness, Lady Jones, said, what came out time and time again when talking to children at ChildLine was that the issue was not just sex but the whole relationships issue—their friendships, how they negotiated groups and how they managed to move from one friendship to another without trauma. That was what mattered to them.

Unless we have that PSHE, for which the noble Baroness, Lady Massey, has campaigned for so long, which provides that thorough education—about how you grow up, how you become a citizen, how you learn to live in a mass of relationships and how you manage to negotiate this impossible world; thankfully, I did not have to negotiate that, but I now have to do so with those young people for whom I am responsible—I shall be very disappointed.

I know the Minister takes this very much to heart and would like to achieve something like this. I understand that it is not easy. I understand that it is about training teachers, about helping parents, and maybe about family learning, where families learn together about some of these issues.

I am uneasy, however, about voting for an amendment that simply puts sex education on the statute book without thinking through the complexity around how we achieve it. So my last question for the Minister is this: if he has an expert group and if he looks at how this might be introduced, would there be a timetable with an end date, so we do not go around the circle yet again without coming to an end that achieves something for our young people, who desperately need it in this modern world?

Baroness Brinton Portrait Baroness Brinton (LD)
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My Lords, I was chair of education in Cambridgeshire in the late 1990s. One of the things that Cambridgeshire has always done well is sex and relationship education policy; indeed, many other authorities use its framework. I particularly want to reassure the noble Baroness, Lady Knight, that explicit sex, in the terms that I think worry many people, is not taught at key stage 1. Actually, the key stage SRE policy is vital because it provides child protection. I am looking at the Cambridgeshire syllabus at the moment, and it says that children must understand that they have rights over their own bodies, understand what makes them feel comfortable and uncomfortable and learn how to speak about it. That is exactly what I want a five year-old to be able to understand, and all the graded teaching, right the way through the system, is age-related and appropriate.

One of my concerns is that not all schools provide excellent SRE because there is no consistency across the sector. I am afraid that that is one of the reasons why we need to be able to provide that framework so that there is consistency. This is not just about the whim of parents or schools; it is vital for the health and safety of our children as they grow up in a very different society.

I have heard comments about worries about a review kicking things into the long grass. In this instance there is division—but then there is always division, as I think the noble Lord, Lord Knight would accept; had there not been division in his party when in government, this would now be compulsory. Let us not get into that political debate. We need to keep this debate on the agenda and keep it going. In a perfect world, I would like to see not only a compulsory curriculum but one that provided the reassurance that all parents would understand that their children were being given safe and appropriate advice to protect them in future.

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Baroness Benjamin Portrait Baroness Benjamin (LD)
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My Lords, I, too, support the amendment in the name of the noble Baroness, Lady Massey. Whenever I go into schools to speak to young people under the PSHE banner, I am amazed at how many are affected by being told that they are worthy and at how their confidence is boosted. Some are never told that they are loved unconditionally and that they can achieve. They have no parental guidance. PSHE helps them to cope with the materialistic, commercially led world they are living in. It helps them to learn how to deal with morality, honesty and integrity, and to understand that they can grow up in our society and be someone in whom people can put their trust. That is very important in today’s society, and children need guidance in that direction. Every child in the country, no matter what their background, needs to be exposed to good PSHE. We owe it to our future generation, so I support the amendment wholeheartedly.

Baroness Howarth of Breckland Portrait Baroness Howarth of Breckland
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My Lords, I also support the noble Baroness, Lady Massey, in her campaign and I believe that the Minister supports her too, whether or not it is through this amendment. Having been to the recent round-table discussion and knowing of the progress that the Minister has made, I simply ask my question again. Although the timescale may be shorter than he would like, with what speed does he think he can bring about a culture change in schools whereby PSHE is central to and a core part of all schools in all sectors? Many of us believe—and it has been enunciated very clearly in the debate—that this would make a real difference to the lives of our young people, who are trying to grow up in this very difficult, changing world.

Lord Nash Portrait Lord Nash
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My Lords, this has been a very insightful debate. I thank all noble Lords who have tabled these amendments and other noble Lords who have contributed their knowledge and insights on this important matter. I am particularly grateful to the noble Baroness, Lady Massey, for her constructive and well argued contribution and for meeting me on a number of occasions to discuss this area in more detail. I also thank again all the noble Lords who came to the PSHE round table last week.

During our various debates and discussions on PSHE, SRE and related matters, two things have become clear to me. The first is that in the field of PSHE and SRE —character resilience, producing rounded and grounded young people, raising aspirations, pastoral care and so on—we share a common view that all these matters are absolutely essential to what a good school does. As I have already mentioned, we should embrace this as an example of how, despite the politics that often surround education, we have an absolutely common purpose when it comes to our expectations of schools. Certainly, I have a very high expectation of schools on these matters, and they should engage with all the relevant organisations and charities and so on to meet this.

As for the comments of the noble Baroness, Lady Howarth, I intend to ensure that there is such a culture change. This is absolutely essential in the offer of academy groups that are taking over schools that have been failing for years. They appreciate that there is no way that they can engage these children in education unless they are in the right frame of mind. We also know that, sadly, in recent decades our society has collapsed so much that schools have to do much more, standing in the position of parents in supporting children’s education. To me, PSHE is absolutely central. It is something that all good schools should do, and we are seeing it happen increasingly as we improve the state of education.

The second thing that perhaps I have been a little bit slow to grasp—I particularly thank the noble Baroness, Lady Massey, for bringing this home to me—is that not all schools share the belief that PHSE and SRE are so central and important. We need to give them all the help we can to link them to organisations which are specialists in the various areas and are able to update their advice, guidance, training and so on in a dynamic way, keeping abreast of the changes.

Noble Lords have heard me say many times that this Government do not wish to be too prescriptive about precisely what they set out for teachers. Such regulations can be updated only occasionally and cannot be dynamic and keep up with events in a fast-changing world.

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To refuse to accept this amendment would be implicitly to endorse a situation in which all forms of child abuse were unlawful except this one. I beg to move.
Baroness Howarth of Breckland Portrait Baroness Howarth of Breckland
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My Lords, I deeply respect the tenacity with which the noble Baroness, Lady Walmsley, has followed through this issue. I found some of her arguments rather convoluted and difficult to follow today, but that could just be that the hour is late and by now my brain is rather addled. However, I still contend that the current child protection framework, which identifies physical, sexual and emotional abuse and neglect, provides an effective framework for assessing situations where children have been accused of witchcraft and spirit possession.

Abuse can occur in these situations as a consequence of parental behaviour towards the child and through the response by church leaders in performing acts of deliverance that inflict harm on the child. As I have said before, and I declare an interest as someone who chaired a working party for Trust for London, I have met these children and engaged with some of the pastors, so I understand the issue. However, we also know, and the noble Baroness herself pointed this out, that belief in spirit possession and witchcraft is widespread among many African communities, and current knowledge indicates that the incidence of abuse linked to these beliefs is low. These beliefs occupy a broad spectrum and range, from the harmless to the seriously harmful. When it is the latter, the child protection framework should be applied through recognition, assessment and intervention.

Where the noble Baroness and I might well share a platform is in tackling the real issue here: the lack of training across this area, which is extremely complex. We have to remember that Christians believe some pretty strange things; in my community in the north of England, “He’s got the devil in him” was something that was said quite often. That is quite different from a child being accused of being a witch, ostracised from the family, made to behave in a particular way, taken before a congregation and pointed out and scapegoated. Those are quite clearly issues of abuse but they are not always understood by those working in the field.

As part of the group that worked with the then Trust for London, we explored these issues and the range of abusive behaviour, and that was paralleled by a government group that was set up to look at the issue at the same time. I do not know if the noble Baroness knows what has happened to that group, or whether it has simply disappeared and is no longer continuing.

It is clear to all involved that promoting child safeguarding and well-being is far more effective for engaging communities and churches than a narrow focus on witchcraft and spirit possession. My experience, working with a number of these community groups, has led to improvements in wider child protection, including through changed practice and disclosures. I hope that the noble Baroness will continue to press the cause of awareness and training, but I cannot stand with her in having legislation that identifies witchcraft in this way; it is a far more complex issue.

Baroness Benjamin Portrait Baroness Benjamin
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My Lords, I support this amendment. It has the best interest of the child at its heart and is targeted to raise awareness among those in our communities who may not realise the psychological, mental and traumatic long-term damage that they are inflicting upon the child. This issue was brought to my attention many years ago and sadly it continues today. I dearly hope that the Government will accept this amendment, as it is necessary to protect our children. If not, I hope that the Government agree at least to work with communities to make it clear that these acts are child abuse and will not be tolerated. The sooner that this takes place the better.

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Baroness Tyler of Enfield Portrait Baroness Tyler of Enfield
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My Lords, the hour is late, so I will speak briefly in support of these amendments. I pay tribute to the tireless work of the noble Baroness, Lady Pitkeathley.

As has been said, through other parts of the Bill, the new right to assessment and support that have been introduced for young carers is wonderful. It was also my privilege to look at the detailed scrutiny of the Care Bill. Again, the new right to assessment and support for adult carers is a landmark piece of legislation of which we can all be proud. As has been set out, the one group that falls between the stools are parent carers—generally parents who look after disabled children.

I, too, had the privilege last week of attending the meeting with the Minister. It was a very poignant meeting at which we heard three parent carers explain what life was like for them. One, I particularly remember, was looking after not one but three disabled children. She explained how she simply never had a minute for herself. She said that she was grateful for the support that she got in respite care for her children, but that she would be lucky to have the time to pop into the supermarket on the way home before having to go and collect the children or do something for one of her other children.

My final point concerns why I think that well-being is so important. What is often forgotten is the impact on the personal and family relationships of parents who look after disabled children. I felt that this was underlined very well in an excellent report in 2011 from Contact a Family. This showed the mental health problems that parent carers were having, including anxiety, depression and breakdown. They had to see their GP because they felt that their well-being was so poor, and they often had medication or had to see a counsellor. There was also an impact on their marriage, often with a breakdown in the relationship.

For all those reasons—I would love to say more but there simply is not time—I strongly hope that the Minister will be able to say something sympathetic in response to these amendments.

Baroness Howarth of Breckland Portrait Baroness Howarth of Breckland
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My Lords, if I had got my timing right, my name would have been added to this amendment. I regret that something as important as this is being rushed at this late hour. This is a crucial bit of our social care that has become unscrambled because of the way that we have split adults’ and children’s social care.

Of course, in a Bill on children, when we are looking at children’s issues, the welfare of the child must almost always be paramount, but that is true throughout the legislation that we look at, and it would have been true if this issue had been looked at in the Care Bill. However, the Minister will remember that in the discussions on the Care Bill it was felt that this was a children’s issue and therefore better dealt with in the Children and Families Bill. Again, the split has meant that this matter has not been properly dealt with, and therefore I hope that the Minister can pick it up and deal with it properly now.

Anyone who has worked with families as a family social worker for many years will know that, unless you pay attention to the needs of parents, you can in no way help their children. It is the parent who is going to make the difference to the child by providing the care. If they have a life of their own and feel cared for themselves, they will give better care to the disabled child whom they have to manage day in and day out. Having met those families, the Minister will know the toll that that has on the humanity of these people, never mind everything else. It is very difficult to continue loving and caring for your children when the stress you experience is so high and the level of support you receive is so low.

I do not think that it is beyond the wit of the officials and the Minister to think this through, just as the issue of young carers has been thought through, to get a much better package that ensures that parent carers form part of a total assessment and that the assessment is not split down the middle because we just happen to split services down the middle. The whole issue needs to be looked at as a total package in a holistic way, and a proper plan should be made for the whole family and not just bits of it. In that way, we will have much more success both for the children and, most certainly, for the adults who give their lives day in and day out to caring for their children. If that does not happen, the children will end up either in respite care or in the care of the local authority, and that will cost the nation a great deal more.

Lord Nash Portrait Lord Nash
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My Lords, I thank the noble Baronesses, Lady Pitkeathley and Lady Lister, for tabling these amendments and for sharing their significant expertise on the issues concerning carers.

Following the debate in Grand Committee, I was pleased to be able to meet the noble Baroness, Lady Pitkeathley, and my noble friend Lady Tyler just before the Christmas Recess to discuss their concerns further. Since then, there has been a very productive series of meetings between my officials and representatives of parent carers and local authorities to discuss the evidence and options for reform. As the noble Baroness, Lady Pitkeathley, said, she and I also had a further meeting last week with my noble friend Lady Tyler and representatives of parent carers. The meeting was extremely informative and moving and I would like to thank Caroline, Sarah and Sherann for taking the time to share their experiences with me and officials.