Education: Nursery and Early Years

Baroness Howe of Idlicote Excerpts

Thursday 23rd March 2017 Lords Chamber

[Lord Nash]

We are investing heavily in improving the quality of the status of nursery teachers, and increasing the funding rate will help with recruiting more high-quality staff. A lot of details on that are set out in our workforce strategy.

[Baroness Howe of Idlicote (CB)]

Will the resources that the Government make available cover the particular requirements and needs of those with special needs?

[Lord Nash]

Yes. Our recently published workforce strategy sets out how we will support staff to offer good-quality provision for children with SEND. We are funding a range of training and development opportunities in this regard, working with organisations that specialise in SEND. We have a new targeted £12.5 million disability access fund and a requirement for local authorities to set up a local inclusion fund to support providers for better outcomes for children with SEND.

Child Health: Physical Education

Baroness Howe of Idlicote Excerpts

Monday 5th December 2016 Lords Chamber

[Lord Nash]

We have substantially improved the funding for school sport, which has had a dramatic effect on the number of pupils participating in primary schools and on the number of qualified specialist PE teachers in primary schools, which has gone up by 50%. We regard this as very important in all aspects.

[Baroness Howe of Idlicote (CB)]

My Lords, yes, of course physical education is hugely important, but should we not also be thinking of parity of esteem for mental health? If that is to be achieved, how do the Government plan to ensure that schools treat mental well-being on an equal footing with physical well-being?

[Lord Nash]

The noble Baroness raises a very important issue. We know that mental health is an increasing issue in schools. Last year we funded the PSHE Association’s guidance on how to teach about mental health across all four key stages. A range of training on specific issues is also available through the MindEd website to all professionals who work with young people. We have been testing in a number of places the concept of a single point of contact in schools and CAMHS to improve collaborative working across schools and mental health services.

Sex and Relationships Education

Baroness Howe of Idlicote Excerpts

Thursday 24th November 2016 Lords Chamber

[Lord Nash]

I agree entirely with the right reverend Prelate. I know that the Church of England has a very good record on these matters. Of course, self-identity is very important. Public Health England has a Rise Above campaign that is intended to build the resilience of young people by providing online information and tackling issues, including the forming of body image.

[Baroness Howe of Idlicote (CB)]

My Lords, given the clear importance of this issue, is the Minister satisfied that school governors play a strong enough role in overseeing this whole situation?

[Lord Nash]

As the noble Baroness will know, in the past few years we have tried to strengthen the role of school governors to make sure that they have the right skills. It is certainly true to say that many governors coming through now are fully aware of the role that schools should play in providing a much wider education and being aware of the issues facing young people being brought up in modern Britain.

Children and Social Work Bill [HL]

Baroness Howe of Idlicote Excerpts

Report: 1st sitting: House of Lords
Tuesday 18th October 2016 Lords Chamber

[Baroness Benjamin (LD)]

My Lords, I support this group of amendments because we all know that while each year, here in England, thousands of children enter the care system, too many who enter it cannot rely on the loving support offered by family and support networks. Many have already experienced terrible traumas in their young lives and we know that without the right support, these traumas can have long-lasting consequences. The challenges that looked-after children face after they leave care are well known, so we have to cater for their needs and find ways to encourage them to aim high by fulfilling their ambitions, inspiring aspirations and laying foundations to help them find ways to achieve happiness and personal fulfilment. That is why I am delighted to support especially the amendment tabled by my noble friend Lady Tyler to ensure that mental health assessments will be provided for all children entering care.

It is essential to ensure that the assessment of need will be translated into practical support because we in the state—the corporate parents—have a moral duty to do so. Too many children are crying out for support, like the child who told the NSPCC:

“I live in a residential unit. Other people in the unit keep bullying me. One of them attacked and injured me. I feel really lonely because I have to stay in my room to avoid them”.

They said that it had already upset them so much,

“that the staff won’t arrange a transfer for me. I don’t know who to turn to for help”.

Another young person told ChildLine:

“I don’t understand why everyone hates me. I feel like nobody wants me anymore and I just want to go to a normal family that loves me”.

At the core of the amendment proposed today is the desire to ensure that the emotional and mental health needs of children in care are assessed at the point of entering care, so that their needs will be properly supported through their care placement while at school and through a clinical intervention, if that is what the child needs.

Without a better system of support in place to help the 31,710 children who entered care last year, we know that many of them will struggle to overcome the legacy of those early experiences. As recent statistics released by the Department for Education showed, 40% of children who left care last year were not in education, employment or training. We must therefore take this opportunity before us today to improve the assessment of the mental health needs of children in care. We will otherwise continue to see children in care struggling to stay afloat with the weight of their past experiences. The Prime Minister has highlighted the need to tackle mental health issues; the earlier that we do so, the better.

[Baroness Howe of Idlicote (CB)]

My Lords, I too begin by thanking the noble Lord, Lord Nash, for his amendment on mental health and the corporate parenting principle. I tabled an amendment on this issue in Committee and I am pleased to see that our concerns are being addressed. Ensuring that the mental and physical health of children in care reaches a point of parity is a welcome amendment. It represents an important statement of principle and I am pleased to see steps being taken towards achieving the ambitions set out in the Government’s Future in Mind strategy.

Principles are important, but so too are actions. I should like to use the remainder of my time to speak in support of the amendment tabled by the noble Baroness, Lady Tyler. There are currently more than 70,000 children in care in England—70,000 children who no longer live in their family home and who are reliant on the support of the state for all their needs. We have a duty to care for their physical safety, but we have a fundamental responsibility to care for their emotional well-being as well. It is not enough to remove a child from their family home and hope that this will be enough to change their lives. We must aim higher than this. We must aim to provide them with homes that are far better than the family homes they have just left.

It is vital that we find proactive ways of supporting children in care. The first step in this process is to identify the types of support from which a child in care would benefit most. To do this, we need to introduce mental health assessments for children entering care and throughout their time in the care system. The point at which they enter care is crucial, as other noble Lords have said. If a child’s first experiences of life in care are positive—if it becomes a space through which their mental health and emotional needs are attended to—then they will be so much more likely to thrive and have the confidence to take advantage of the opportunities afforded to them. If problems are left unidentified, this can have particularly grave consequences for looked-after children.

The research report, Achieving Emotional Wellbeing for Looked After Children, published by the NSPCC last year, highlighted how children are particularly vulnerable when they experience poor emotional well-being while in care. This report illustrated the way in which poor mental health can lead to placement instability which, in turn, leads to a further decline in emotional well-being.

A teenage girl called Emily told the NSPCC about the impact that placement instability was having on her emotional well-being. She said:

“I can’t cope any more. I have been in care my whole life and have been pushed around between foster families and adopted families. I feel so let down, broken hearted and like I don’t belong anywhere. No one wants me to be here so maybe I should do them a favour”.

What a horrible thought to come from anybody, let alone a child of that age.

Sadly, many children who enter care come from chaotic circumstances. Often they have never known what it was like to live in a safe, stable and secure family home. Entering care should be about giving them this stability but, sadly, this is not the experience of many looked-after children. Having the right support in place to help children make sense of their experiences from before they entered care is crucial. If we can find ways to help them manage their emotions in a safe way, many of the challenging behaviours that often lead to placement breakdown could be avoided. We can, and surely must, do better by these children. This strikes me as an eminently sensible place from which to start.

[Lord Judd (Lab)]

My Lords, I too support very strongly this group of amendments. I am very glad that issues about emotional stability, and that dimension of life, have been stressed in this debate. They were stressed particularly powerfully by the noble Baroness, Lady Benjamin.

I have always thought that structures and systems themselves never achieve anything. They can be very effective in supporting and providing the right context, but what matters are the values, principles and sensitivity of the people working within the system. This again emphasises the importance of the emotional dimension. I was very glad that the noble Baroness, Lady Benjamin, had the strength to be prepared to use the word love again. It is a word we should discuss more often in our considerations of these matters, because the tragedy is that so many of these children have never encountered love. The other terribly important thing is that they should be able to form stable, lasting, enduring relationships. Ideally, such relationships are there in the family. But if you are dependent upon a system, they are not obviously there, and therefore continuity of relationships is terribly important.

I want to make one point which is not in any way to argue against what the noble Lord, Lord Ramsbotham, said so powerfully. We should be careful about exonerating the formal educational system from its responsibilities. It is often in the context of formal education that things begin to be noticed. There therefore needs to be an excellent working relationship between the formal educational system and social services. There should be a natural opportunity for people to share notes and responsibility for how the situation might be resolved. When our approach to education emphasises achievement all the time, I sometimes worry that the community dimension of education is being obscured. What matters is that there are space and resources within the education system to make allowances for children who have special needs. Again, that depends on a close working relationship between social services and the formal educational system. In a comprehensive school near where I live in Cumbria excellent work is done in this area. What I really admire about it is that this has become the concern of the whole staff. All the staff are involved. When children have special needs the staff ask what the school is doing to meet that situation, provide care, love and relationships within the school and enable other students to take their share of responsibility. We need a very close working relationship between the formal educational system and social services.

Children and Social Work Bill [HL]

Baroness Howe of Idlicote Excerpts

Monday 11th July 2016 Grand Committee

[The Earl of Listowel]

My Lords, I shall speak also to Amendments 133A and 133B. The first of these would ensure transparency and adequate information about any innovation. The second is about open and transparent consultation. I hope that they both meet the requirement of the noble Lord, Lord Watson, for much more reassurance before we move forward with this clause.

The heading of the new clause proposed in Amendment 132A is: “Annual report on the impact of exemption on children and families”. Therefore, the amendment seeks to ensure that there is an annual report and that we know the impact of the exemptions.

Earlier in Grand Committee there was a short discussion about social work practices. We heard evidence of how they are working, which was helpful for us in thinking about these matters. Several years ago, Hackney had a programme called Reclaiming Social Work. It reduced the number of children coming into care by more than a third in three years and was a model for setting up social work teams with a consultant social worker. Isabelle Trowler, the current chief social worker, and Steve Goodman, a senior social worker in Hackney, led in this model. It was well evidenced and there was plenty of information about how it worked. Professor Eileen Munro highlighted this experience in her report, many local authorities have copied the model and it is becoming more widespread.

If we really want to make a difference for children, when we innovate we need to be sure that we have evidence and measure what is happening so that we can be confident of what works and what does not. We can then expand that to other areas. Amendment 132A would ensure that there was a gathering of evidence, and it is a probing amendment to achieve that.

Through Amendments 133A and 133B in my name, I seek to ensure open and transparent consultation in this process. I welcome the Government’s proposal in the Bill to commit to consult the Children’s Commissioner, Her Majesty’s Chief Inspector of Education, Children’s Services and Skills and any other person who the Secretary of State considers appropriate.

I am worried, however, that such an important decision to exempt a local authority from children’s social care legislation should be left to a consultation process defined by the Secretary of State. Instead, I share the view of the Children’s Society and other major children’s charities that the consultation process should be open to all, with a particular focus on residents of the local area, and that it should run for the same length of time as a standard government consultation. I agree with Members who have tabled amendments explicitly to include the voices of children and their families in the consultation, and I believe that the wording of an open consultation would include young people. The consultation should be open to all.

We want, as I am sure the Government do, to encourage the many interest groups such as children’s charities that, although perhaps not directly affected by innovation, have valuable expertise on safeguarding children to voice their support or concerns through a formal process. I support the importance of making sure, as part of the consultation, that children’s and families’ voices are taken into account, and that the consultation process is carried out in an active and accessible way so that they can respond on these important issues.

Equally, it is important that the consultation process does not take place behind closed doors, and that the Secretary of State should place her response to the consultation on the record. This important accountability measure will allow interested Members of Parliament to see what evidence swayed the Secretary of State’s decision and to hold her to account on it. That is vital following the initial three-year period, when the impact of the changes on children will be assessed and the expertise in the initial consultation responses will be drawn on to assess the longer-lasting impact of statutory exemptions.

I believe that the safeguards in my three amendments will make sure that innovation can happen in a controlled way to protect children while recognising the desire to test different approaches. At the heart of the amendments is the desire to support innovation, while also showing an important level of parliamentary scrutiny and public consultation before making decisions to exempt any local authority from its statutory responsibility to children in their local area. I beg to move.

[Baroness Howe of Idlicote (CB)]

My Lords, I support my noble friend Lord Listowel’s Amendment 132A and his other amendments in this group. One does not need to look very far to understand why the Government are so keen to promote innovation, about which we have already heard a lot this afternoon. At present, 43 of the 87 local authority children’s services have been judged by Ofsted to be failing or inadequate. Clearly, this is highly undesirable, and we can and must do much more to ensure that the services we offer for vulnerable children are the best they can possibly be. I none the less support my noble friend’s Amendment 132A and his other amendments because I am concerned that the Bill fails to put in place rigorous and robust mechanisms to ensure that the well-being of children is not inadvertently affected by the exemption of local authorities from crucial clauses in children’s social care legislation.

In recent years, local authorities have developed some highly innovative approaches to children’s social services in areas such as Trafford. Trafford has maintained a good and an outstanding rating for the past five years, and its approach, particularly towards care leavers, has been commended by the Government. This in many ways represents the best practice that could be encouraged by the comprehensive and strengthened set of corporate parenting principles we have the opportunity to create in this very Bill. Trafford is widely considered a success story for innovation in local authorities, but this has all been achieved without the need to repeal the safeguards afforded to children through the Children Acts 1989 and 2004. I am still struggling to see where these key pieces of legislation are hampering innovation, and I would welcome it if the Minister gave examples of the benefit that the Government believe will derive from such a provision.

Children and Social Work Bill [HL]

Baroness Howe of Idlicote Excerpts

Wednesday 6th July 2016 Grand Committee

[Baroness Howarth of Breckland]

My Lords, I simply want to mention the organisation Pause, which has found a way of intervening with these families. I know that the Government hope to set up a unit looking at what works and that there are programmes that work in this field. I do not think this is a legislative issue. I think it is again an issue of spreading good practice through all local authorities. Sometimes the voluntary sector develops the best ways forward, and I hope the Government will do all they can to promulgate these programmes. I have removed children at birth from their mothers. It is a traumatic and appalling process to have to be involved in when working in social services. The follow up has always been poor for the mothers. We now have an opportunity to do something about it. We know how to do it.

[Baroness Howe of Idlicote (CB)]

My Lords, I very much support this amendment. We have already heard in previous debates about the danger of the repeat performance—women who have been in care becoming mothers and having a problem with children being taken away. It is a vitally important matter. My noble friend Lady Howarth mentioned Pause as one of the organisations offering practical help in this respect. It certainly could be called on. I hope that in this instance we will be able to get support from the Minister so that this can be looked at rather more seriously than, perhaps, in the past.

[Lord Nash]

I thank the noble Lord, Lord Hunt, for moving the noble Baroness’s amendment. This is an important issue, and I am pleased that she has raised it. I also thank the noble Lord, Lord Storey, and the noble Baronesses, Lady Howarth and Lady Howe, for their comments. The Government believe that children are best looked after within their families, with their parents playing a full part in their lives, unless intervention in that family’s life is truly necessary and in the child’s best interests. Legislation reflects this, and local authorities have statutory functions to provide services that support children in need and their families. They also have a duty to return a looked-after child to their family unless this is against their best interests.

The noble Baroness is right to emphasise how important it is to support parents who have had children taken into care. They need the right support to allow them to be effective parents to any other children in their care and to any children they may have in the future. We share this commitment. Our statutory guidance Working Together to Safeguard Children is clear that every assessment of need must be child-centred. The statutory guidance acknowledges that many of the services provided as part of the child in need or child protection plan need to support the parents to make sustained change. The plan that arises from this assessment should set out the expectations required of parents, detailing clear measurable actions and indicating the services they should engage with in order for their child to remain at home. If a child is removed, their parents should continue to receive help and support. If the parents go on to have further children Working Together to Safeguard Children is clear that the level and nature of any risk to the child needs to be identified at a prebirth assessment and appropriate help and support should be given to these parents to help them make a sustained change.

I am sure noble Lords will be interested in the Department for Education’s innovation programme’s support to the tune of £3 million for Pause’s project to support women who have experienced or are at risk of repeat removals of children from their care. The project aims to break this cycle and give women the opportunity to develop new skills and responses to help them create a more positive future. Changing practice like this provides a more effective means of ensuring that we attempt to break the cycle. We want to extend approaches such as Pause’s into new areas to break this intergenerational cycle of care. This is of particular importance to care leavers who go on to have children in their late teens that are at risk of being taken into care. Mandating local authorities to provide counselling or therapy may help some, but it will not be the answer to all the complex problems in this context. Given what I have said, I hope the noble Lord will feel able to withdraw the amendment.

Children and Social Work Bill [HL]

Baroness Howe of Idlicote Excerpts

Monday 4th July 2016 Grand Committee

[Lord Storey (LD)]

My Lords, I shall speak briefly to Amendments 30, 32, 38 and 57. I wonder why the issue of personal advisers being trained in speech, language and communication awareness is in this group when we will be discussing their role under a later amendment; however, we are where we are. A number of issues need to be brought together and understood, perhaps after Committee.

I shall give your Lordships a flavour of what I mean. First, let us deal with the point made by the noble Lord, Lord Ramsbotham, who rightly said that poor speech, language and communication limit not only children in care but young people generally. Eighty-eight per cent of unemployed men have speech, language and communication needs. They limit employment opportunities, affect their social and emotional well-being and contribute to literacy, behavioural and other social problems. The noble Lord, Lord Watson, said, “Let’s have mandatory screening”. What do we do in schools? Are we not screening there all the time? We are continually assessing and testing, so why do we need another form of mandatory screening? We need to ensure that that information gets passed to the relevant people.

I am sorry that my noble friend Lord McNally has been unable to stay. A year ago, I went to award the local youth offending team a dyslexia awareness certificate, which means that they can identify young offenders who have dyslexia problems. I was horrified to learn that no information is passed to that team on the academic, literacy or communication skills of those young offenders. Is that because of data protection issues? If we are to provide the necessary support for those young people in care, that information needs to be made available. If there is a body of information in schools, it needs to be passed on.

On personal advisers, your Lordships probably remember from Second Reading that I went through as many job adverts as I could find for personal advisers. I was concerned that there was no standard requirement; it was all over the place. Nowhere in any of those advertisements did I see any mention of speech, language and communication skills. The two are linked. If personal advisers are as important as they should be, part of their qualification or awareness must be in this area. How do we make that happen? Currently, there is no legal requirement on what personal advisers do, only suggestions. We need to spend time understanding that so that these people are the best who can be provided.

Finally, the key to this is making sure that the information is available in schools. By the way, this is not just an issue for children in care or care leavers, it is an issue for all children. I am glad that the Government, both in the coalition years and now, are addressing those issues in schools, through the pupil premium. I am a bit concerned—perhaps the Minister in replying could correct me on this—that we say that the pupil premium particularly should go to looked-after children. My experience in many schools is that it just goes into the common pot and the looked-after children, to use the vernacular, do not get a look-in. I want to be sure that perhaps Ofsted, when it is carrying out inspections of schools, makes sure that this pupil premium—where there are looked-after children—is particularly linked to the needs of the looked-after child.

[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.

Children and Social Work Bill [HL]

Baroness Howe of Idlicote Excerpts

Wednesday 29th June 2016 Grand Committee

Moved by

[Baroness Howe of Idlicote]

1: Clause 1, page 1, line 7, leave out subsection (1) and insert—
“(1) Without prejudice to the duties imposed by section 22 of the Children Act 1989 (general duty of local authority in relation to children looked after by them) or any other specific duties imposed upon them by law in performance of their functions with respect to the children and young people mentioned in subsection (2), local authorities, the responsible bodies for maintained and independent schools, health authorities, responsible persons appointed under the Children and Families Act 2014 and the Secretary of State must, in carrying out functions in relation to the children and young people mentioned in subsection (2), take appropriate steps to—(a) safeguard and promote the best interests, health and well-being of those children and young people;(b) ascertain the views, wishes and feelings of the child or young person, and give due consideration and appropriate weight to those views, wishes and feelings in all decisions concerning them;(c) identify services available and suitable for the child or young person provided by themselves or another relevant partner;(d) in co-operation with other relevant partners, help those children and young people gain access to and make the best use of services provided by the public body or its relevant partners;(e) promote high aspirations, and seek to secure the best outcomes for those children and young people;(f) ensure that those children and young people are safe, and provide for stability in their home lives, relationships, education or work;(g) ensure provision of appropriate support to advance their recovery, happiness and emotional stability;(h) keep siblings together and ensure family contact wherever possible;(i) prepare those children and young people for adulthood and independent living.”

[Baroness Howe of Idlicote (CB)]

My Lords, we are at the start of Committee on this important and valuable Bill. Although, sadly, with the current political situation as it is, it is unlikely that we will know whether the Bill will complete its passage through your Lordships’ House—or indeed its passage through the other place—and become law, it is my great pleasure to start the first group of our Committee stage on the Bill with my Amendment 1.

The amendments in this group consider the extent and purposes of the corporate parenting principles set out in Clause 1. In many ways this section of the Bill seeks to reinforce existing good practice, with local authorities such as Trafford and Leeds already demonstrating that the care and well-being of looked-after children is not just the duty of social workers but a duty across the whole of the organisation.

Amendment 1 contains two new elements, the first of which extends the corporate parenting principle to health authorities and schools and the second of which, dealt with also in my Amendment 28, introduces a recovery principle to better ensure that looked-after children have access to therapeutic support.

I will be focusing on extending responsibility for the principles to other bodies such as schools and health authorities. We all have a responsibility to ensure that children have the care and support to thrive in life. Nowhere is this more important than for those children who are in the care of the state. Yet far too often we fail in this duty. There is a 40% achievement gap between looked-after children and their peers in the attainment of five GCSE grades A to C, including English and maths. We also know that 34% of care leavers are not in education, employment or training by the time they turn 19. The figure among the general population is less than half that: 15.5%.

It is extremely positive and important that the Government have sought to address this imbalance by introducing a set of principles that responsible corporate parents must abide by. This is a vital step, introducing a universal element that looked-after children up and down the country can count on while also providing consistent standards for the locally elected officials and local authorities responsible for meeting their needs.

So the Government’s proposals provide a good starting point. Yet I—and, I know, other noble Lords—believe that the legislation before us can be more ambitious in its intent. In laying out these responsibilities, we have to imagine the extent and breadth of a child’s world, the people, professional or otherwise, with whom they might come into contact, and the expectations that they will have of them. It is therefore vital that we extend the responsibility for these principles to include other bodies. We must put ourselves in a child’s shoes and imagine the kind of services they come into contact with.

Schools, for instance, are an obvious and integral part of their experience. The extension of these principles to other responsible bodies also has the important purpose of ensuring that health professionals—just like social workers—understand their responsibilities to looked-after children and that resources and support are properly directed to meet their needs.

I look forward very much to listening to the debate on this group of amendments—and, indeed, the whole debate—and I beg to move.

--- Later in debate ---

[The Earl of Listowel]

I thank the noble Lord for answering my point about siblings. I look forward to the debate on the amendments. I also thank him for his clear reply to the important point made by the noble Baroness, Lady Armstrong of Hill Top. He said that the care plan process must involve parents. However, the experience so often is that parents do not get the help they need with their addictions or mental health support. So I hope that the noble Baroness will consider bringing back an amendment on this on Report. In the interim, I look forward to having discussions with colleagues to get their advice on whether anything more can be done to ensure parents get the support they need.

[Baroness Howe of Idlicote]

My Lords, I am sure that noble Lords will agree that this has been an interesting and wide-ranging debate. It has opened up many other areas that we will need to address as the Bill progresses.

We are all grateful to the noble Lord, Lord Nash, for the way in which he has dealt with the comments made. Clearly, he will take into account many of the points made and will consider whether changes can be made in the right direction to satisfy us so that we all know the right way forward.

I gather that there is probably something substantially wrong with my amendment which might cause problems at a later stage. Certainly, at the moment, I do not wish to press it. I will look at it again and, unless other Members of the Committee wish to press the amendment at this stage, I suggest that we withdraw it and think about the next stage. We should think about the other amendments we shall be going on to in Committee, but we should also consider how we might reframe them to meet the problems we may still have on Report.

Amendment 1 withdrawn.

--- Later in debate ---

As I said at Second Reading, this assessment and treatment should include any speech and language needs because, if not detected and addressed, this lack of ability to communicate freely can not only hold the child back in their education but cause such alienation that they may find themselves in trouble with the law. That would be a terrible disaster, as we heard when discussing the previous group. It can also prevent children engaging fully with their own care and expressing their views. It is so important that those views are heard when decisions are made about their care, so we must ensure that children are equipped with the skills and abilities to make their views known. So I hope that the Minister will look kindly on these additional principles and agree to their incorporation.

[Baroness Howe of Idlicote]

My Lords, my amendment in this group is Amendment 28. But before I turn to it I should say that, having listened to all the points that have been made, whether on speech and language difficulties, referred to by the noble Baroness, Lady Walmsley, the kinship carer issue mentioned by the noble Baroness, Lady Hodgson, or the splitting up of siblings—all these issues are so important. The fact that they have not been addressed effectively does not speak well of what we have achieved so far. We must ensure that we achieve more appropriate success in future.

My Amendment 28 stresses the need for a recovery principle to guarantee therapeutic support for looked-after children. Amendment 1, to which I spoke, also proposed that relevant bodies must also ensure the provision of appropriate support to advance looked-after children’s,

“recovery, happiness and emotional stability”.

As many as six in 10 children in care are there because they have experienced abuse or neglect, yet our support offer often falls woefully short. Between 60% and 90% of children who have experienced sexual abuse will not get access to therapeutic support. NSPCC research has also found that as many as one in five children are turned away from CAMHS after referral to a service. While the average waiting time between referral and assessment is two months, unbelievably many children are waiting up to six months.

Around 100 children contact the NSPCC’s ChildLine service each week about mental health concerns and abuse. This has profound implications for children. Looked-after children are four to five times more likely to attempt suicide than their peers outside the care system. Research from the United States also indicates that nine out of 10 children who are abused go on to develop a mental health condition by the time they are 18.

Young people who worked with the NSPCC to provide evidence for the Education Select Committee’s inquiry into the mental health of looked-after children said that the traumatic reasons that caused them to enter care are often never really dealt with. One said:

“Wounds turn into scars that will never heal”.

Another child, describing her care experience, explained to the committee that she had just accepted that she did not deserve the best in life. No children should ever have to carry these burdens with them throughout their lives.

It is therefore vital that the Government accept this amendment. Some £1.25 billion is on the table to improve mental health provision in the UK, and we must ensure that this reaches looked-after children. A robust legislative framework that puts the needs of looked-after children first is a vital way of achieving this.

[Lord Mackay of Clashfern]

Amendment 33 in this group is mine. In the natural parent system there are normally one or two people who are linked to the child, and that link continues. When children go into care, the difficulty is that the staff looking after the children are apt to be different from day to day and week to week, and certainly from month to month. My proposal is that when a child comes into care, a member of the local authority care staff should be appointed with a responsibility for the well-being of that child. When I use the phrase “well-being”, I am thinking of course of the Care Act and the wonderfully large coverage that that phrase embraces. It is extremely important that this should happen.

Inevitably, there will be a need for change from time to time. I have therefore proposed that where it has to be changed, a new appointment is made so that there is always some individual responsible for the well-being of that child. An example of where this can happen and be important is in relation to the provision for the child. If a child is being provided for in a certain situation and it appears that a more inexpensive arrangement can be made for that child’s care, the idea might be to move that child from the more expensive arrangement to the less expensive. It is important that someone with responsibility for the well-being of that child should have an opportunity to be involved in that kind of decision. That seems to be well worth while.

The noble Lord, Lord Harris of Haringey, in his report on deaths in custody, suggested that where a vulnerable person came into the custody system it was important that a single person should have responsibility for looking after the well-being of that vulnerable person. I do not think the Government have actually refused to accept that particular proposal but they have not accepted it as yet. What lies behind that proposal is very much the same as what lies behind mine and I hope the Government will accept both.

Children and Social Work Bill [HL]

Baroness Howe of Idlicote Excerpts

Tuesday 14th June 2016 Lords Chamber

[Baroness Howe of Idlicote (CB)]

My Lords, like the noble Lord, Lord McNally, I warmly welcome the intentions behind the Bill and commend the Government for their desire to improve the life chances of young people in care. The Bill recognises that it is not sufficient to protect and care for looked-after children when they are young. If these young people are to have a stable and fulfilling future, our public authorities must help young people leaving care to navigate the transition into adulthood and independence by providing adequate support, advice and assistance as they begin adult life.

It is of great concern that so many young people who have formerly been in care are not in education, employment or training between the ages of 19 and 21. Many also find themselves homeless within the first two years of leaving care. As other noble Lords have said, research suggests that care leavers are also at risk of falling into debt and experiencing other financial challenges, such as benefit sanctions and council tax arrears. With this in mind, I strongly welcome the provisions in the Bill which will improve care leavers’ access to support and advice and extend the support to young people until they reach the age of 25, thus providing them with a firmer foundation as they set out into adulthood.

I have spoken in the House on a number of occasions about the duties that we all share in safeguarding the emotional well-being of looked-after children. This is no easy task, as their entry into care is often preceded by experiences of abuse or neglect that leave a legacy of trauma and poor mental health. Recovery from these early experiences is reliant on many factors but is likely to incorporate the provision of therapeutic support. The corporate parenting principles outlined in the Bill are a welcome recognition of the important role that the state must play in supporting children who are removed from the care of their families. However, so much more still needs to be done if we are to ensure that all children, no matter the start that they have in the world, have the opportunity to grow up in a loving, stable and secure home, which is the stepping stone to a healthy and successful life.

Although the corporate parenting principles are welcome, they do not offer a sufficiently ambitious platform for change. It is not enough to remove a child from their family and hope that a new home environment will facilitate recovery. Looked-after children should never be left fighting for therapeutic support while also fighting to recover from a legacy of abuse and neglect. Often, the problem is that needs are not identified and, on those occasions when they are, the thresholds for support are so high that young people in care are rejected from treatment until they have reached a crisis point. As one young person told the NSPCC:

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

If problems are left unidentified, it can have particularly grave consequences for children in care. The research report Achieving Emotional Wellbeing for Looked After Children, published by the NSPCC last year, highlighted how children are particularly vulnerable when they experience poor emotional well-being while in care. The report illustrated the way that poor mental health can lead to placement instability, which in turn leads to a further decline of emotional well-being. Given that 45% of children entering care have a diagnosable mental health condition, we know that they are a clinically susceptible population. We therefore need to improve the identification of mental health problems in the looked- after population. An early mental health assessment with a mental health professional would offer the right foundation, as it would ensure that recovery is at the heart of the care experience from the moment that a child is removed from the family home.

A mental health assessment would ensure that children and young people entering care are offered the support they need from the very beginning. However, this must be followed by a system of holistic support for looked-after children, so alongside the introduction of an assessment by a trained professional the following steps should be taken. First, there should be a strengthening of corporate parenting principles to ensure that the onus of responsibility to assess services is placed not on the young person themselves but on the local authority, to actively pursue and engage with looked-after children. Secondly, there should be priority access to services for looked-after children in recognition that they are a clinically susceptible population who often experience mental health difficulties and that poor emotional well-being can have an even greater impact on the outcomes for looked-after children, as well as the stability of their placement. Thirdly, there should also be improved training for foster carers, as recommended in the recent Education Select Committee’s inquiry into the mental health of looked-after children. All too often, foster carers struggle to support the emotional needs of children in their care. It would be possible, for instance, to develop a local offer for foster carers and looked-after children which outlines the therapeutic support services available in the community.

I hope that the Government will commit to these recommendations. In recent years, we have begun to acknowledge the poor outcomes that face children in care. However, we still have some way to go and, without appropriate therapeutic support, we will continue to fail some of the most vulnerable children in our nation. We all have a duty to keep children safe from harm but also a duty to support the emotional well-being of children in care. We know that the right support at the right time can make a huge difference to these young lives. I hope that the Government will hear the many calls made here today by colleagues.

When we consider improving children’s life chances we must also pay attention to the needs of other vulnerable children being cared for by our local authorities, so I turn briefly to the care provided to trafficked and unaccompanied asylum-seeking children who are not in the care of their parents. It is well known that trafficked and asylum-seeking children are at great risk of exploitation and of retrafficking, even after they are brought into local authority care. After investigations by BBC Radio 5 Live and BuzzFeed News, in April they reported a shocking 75% increase in the number of unaccompanied asylum-seeking children who went missing from local authority care in 2015, compared with the previous year. Key to protecting these children is ensuring that they are provided with accommodation that is safe and where they can be adequately supervised and cared for. Can the Minister tell the House what the Government are doing in conjunction with local authorities to increase the amount of supervised accommodation available for children at risk of retrafficking? In particular, what consideration have the Government given to requiring local authorities to place all children who they suspect may be victims of trafficking into safe foster care?

Once again, I welcome the Bill and support the Government’s intention to improve levels of support and care for some of our most vulnerable children. I very much encourage the Minister to consider where the Bill might be strengthened as it goes through the debates in your Lordships’ House.

Special Educational Needs and Disability Code of Practice: 0 to 25 years

Baroness Howe of Idlicote Excerpts

Monday 28th July 2014 Grand Committee

[Baroness Howe of Idlicote (CB)]

My Lords, it is always a great pleasure to follow the noble Lord, Lord Ramsbotham. As usual, he has picked on an aspect—the “must”, as it were—and it will be very important to see how that is put into effect. I am grateful to the Minister for putting his case, and what has been achieved so far, albeit that there is still some way to go.

I ask the Minister to provide assurance on three important matters relating to the changes to the special educational needs framework and the code of practice. First, what progress has been made by Ofsted in its review of the need for an inspection framework to drive improvements in local SEN provision and the local offer? That was announced earlier this year by the Minister when we were considering the Children and Families Bill, which is now an Act. We were told that a report would be published this summer. Can the Minister confirm that that is still the intention and, if not, when the report is expected? A number of charities, including the National Deaf Children’s Society, question the wisdom of passing a new code of practice without taking meaningful steps to ensure that local authorities follow it. The absence of a proper accountability framework surrounding the SEN framework remains a fundamental concern to many.

Secondly, while the code refers to “0 to 25” on the cover, as we all recall, it does not apply to disabled students in higher education. When this issue was raised in our debates on the Children and Families Bill, we were told that the SEN framework did not need to apply to higher education because a separate scheme of Disabled Students’ Allowance already ensures that the necessary support is provided. However, in April, the Department for Business, Innovation and Skills announced a “rebalancing” of support from DSA to universities. Although the details are still sketchy, I understand that some support will no longer be provided by DSA and that universities will be expected to provide it instead. It remains unclear what rights a disabled student at university will have if the university fails to provide the support that would previously have been given under DSA.

I recognise that universities are required to follow the Equality Act—we have heard from the Minister that they will do so—and to make reasonable adjustments. However, should universities fail to make reasonable adjustments, the main means of redress here would seem to be a judicial review. Had the same disabled student aged 19 attended college instead and had an education, health and care plan, they would have the option to appeal to a SEN and disability tribunal over their support. It seems perverse that a student at a university has to take a more difficult route to securing the support they need. I would be grateful if the Minister could provide a view on whether disabled students in higher education should have the same or similar statutory rights as a student at a college with special educational needs aged 19 to 25. Will the Minister confirm whether his department will look again at the question of whether disabled students in higher education should be brought under the scope of the code and the SEN framework?

Thirdly, and finally, there is a strong focus on outcomes in the new code. This is certainly to be welcomed. Will the Minister confirm whether families or young people will have a right to appeal if the local authority fails to set stretching or appropriate outcomes for their child? The National Deaf Children’s Society and others are concerned that there is an omission here in both the code and the accompanying regulations. If so, what is the rationale for this?

I hope that the Minister will be able to provide reassurances on the above matters or indicate that these issues are being looked at elsewhere. It is important that we have the best SEN code and framework possible—I am sure that he is committed to that—and, where improvements are needed, I very much hope that the Minister will look at how those can be achieved.

[Lord Addington (LD)]

My Lords, perhaps I may put a few more points. First, the size of the document was commented upon in another place. On going through the sections, they should of course be broken down to smaller units, for ease of use. I ask my noble friend, has he encouraged the various charitable bodies outside to print their own guides to the relevant bits for their user groups? I can see that they would be very good at making it understandable, because it is in their interests and those of their client base to ensure that it is done; and they have a better starting point from knowing exactly what language could be used. That is a general point.

Not for the first time, the noble Lord, Lord Ramsbotham, got to the nub of what I was going to say, first. That is, that we have come from a very confrontational system, as the noble Lord said, in which we knew what we had to do and where the points in the sand were that we had to get to. We knew that we had to achieve these and needed certain points to do so. It was incredibly confrontational and probably wasted huge amounts of effort. It probably was needed when it was first brought in, to get people to take the problem seriously. We should be capable of moving on from the graduated approach commenced in school action and school action plus, as the noble Lord described. However, if we had taken into account that the schools and the providers of support are also going to have to move away from a confrontational situation, what is that monitoring? What is that “must”, and how are they going to do it? Those are very valid questions. If there is not the will to move forward, who ultimately will make sure that they do it? That is something we should know about. It is something that we should not have to do but almost certainly will do, if only in a certain number of cases. It is just the historical weight that we carry in this situation.

I have a couple of slightly more specific points. The biggest and bravest change in this was the fact of the duty to identify within the Act—not merely as a response to those who had been presented. However, I cannot help but ask: if we are putting a great deal of effort into the SEN codes here and the SEN codes are organised, has my noble friend given any more thought to improving at least a recognition course for the more commonly occurring disabilities or educational problems? He mentions in this document those with specific learning difficulties. Apparently dyslexics are out in front, closely followed by dyscalculics and dyspractics. I am not sure about the figures, but we reckon that it is roughly 10% in the British version for dyslexics. Just over 3% have dyscalculia; I have not seen the figure for dyspraxia. Probably up to 15% of our school population is covered in that group. We must make sure that we can identify the signs, or at least the danger of people falling into those groups, the specific learning patterns those people have, the support structures they will need and, indeed, getting them through not only for educational purposes and teaching them how to cope. It would be very helpful to know how to establish all that for individuals; how to bring in their parents and tell them how to cope.

I remember the discussions we had about the SEN codes. Let us face it, none of us is coming in on this cold. I think that the term used was “whole-school strategy”: making sure that work structures are in place throughout the school. In early recognition, having lots of eyes with a degree of knowledge will be better than having an expert who gives commands, because at least that way we will know to refer on to the expert. This is something that is not too much to expect, and it certainly has to be a better way forward in the earlier stages of the educational process. What steps are being taken towards this? If we do not put mandatory steps in now, how do we ensure that the SENCOs have enough scouts, troops and boots on the ground to ensure they do their job properly?

This is a change of approach and a bold step, but the transition is going to be difficult. Almost by guarantee there are going to be problems with transition to the new culture. Unless more people are brought in and provided it is not pushed off to one side, which tended to happen in the past in the worst cases, we are going to have extra problems. I look forward to my noble friend’s answers.