Children and Families Bill

Debate between Baroness Howe of Idlicote and Baroness Hughes of Stretford

Wednesday 6th November 2013 Grand Committee

[Baroness Hughes of Stretford]

My Lords, I will briefly add to the comments in support of Amendments 213 and 214 and speak to my and my noble friend Lady Jones’s intention to oppose Clause 70 standing part.

Young people who have previously had a statement are very overrepresented in the youth justice system, making up about 18% of young offenders. About 80% of those in young offender institutions have literacy problems or dyslexia to some degree. According to the Communication Trust, around 60% have communication needs. There is a very high level of need concentrated in this population of young people. We would all agree that those are shocking statistics and that clearly, in one way or another, many of these young people have been failed up to the point in their lives when they end up in the youth justice system.

I have some sympathy with the prison system, because it has, as I say, a very high concentration of need. However, in my experience, it also the case that despite some very dedicated individuals—and there are some in the prison system—the system as a whole has never done enough to address the special needs of young people in custody. Under the system that we have at the moment, the local authorities in general—we have heard that many young people in custody have also been through the care system—and the services available in the home communities from which these young people have come, and to which most of them inevitably will return, are also let off the hook while those young people are in custody.

Successive Governments have tried to get this right, and have made some progress, but nowhere near enough. It seems that the Government are now proposing significant changes, which many of us have welcomed, in the Bill in respect of special educational need provision in the community. Surely, therefore, this is an opportunity to grasp the nettle and make that change for young people currently in custody, so that we have some real consistency across the piece for young people with special needs.

Finally, the Minister said in the annexe to his letter to noble Lords that applying these provisions to young people in custody would cause SEN legislation to come,

“into conflict with existing, comprehensive statutory provisions governing how education and support for children and young people is delivered in custody”.

In slight contradiction to that first point, he added that, in any case, the Ministry of Justice and the Department for Education are now working closely together for changes in the system to improve the provision in respect of special educational needs. Why have a different set of changes? Would these changes not make more sense? That is not least because, as I say, they would tie in the local authorities and the schools from which young people are coming, and to which they are returning, and not simply leave this as a Prison Service issue.

[Baroness Howe of Idlicote]

My Lords, I very much support all that has been said on this amendment about detained children. I believe that the Government have a number of plans that will be quite valuable as the forward march to a much better system for young people is in progress. Above all, if you just have one single test the moment that a young person comes into custody, to find out whether that child had any problems, and started from that point, you would not waste the time that has been wasted for so many years. I very much support this amendment.

Education Bill

Debate between Baroness Howe of Idlicote and Baroness Hughes of Stretford

Monday 24th October 2011 Lords Chamber

[Baroness Howe of Idlicote]

My Lords, I, too, welcome the government amendment—or everybody’s amendment, really. It clearly is right and proper that schools and children’s services play their part within the broader community. In a recent survey of almost 1,000 governors, carried out by the National Governors Association and the TES, a significant majority of governors agreed that schools should play a key role in the provision of children’s services in the area. Indeed, that makes sense, and is surely what the Government were aiming to do—to get everybody involved in children’s education to work together for their benefit.

[Baroness Hughes of Stretford]

My Lords, I, too, warmly welcome the government amendments not to repeal the duties in Clauses 30 and 31. The Minister probably had to do some convincing back at the ranch, so to speak. It would be rather surprising if he did not, but I am certainly glad that those provisions will remain on the statute book.

I have a few questions about the situation now. Despite the measures in the government amendments, there is some confusion about the Government’s commitment. I perhaps echo something of where the noble Baroness, Lady Walmsley, is coming from. Amendment 62 restores Section 10 of the Child Care Act 2000—the duty to co-operate to improve well-being. That Section 10 refers to “academy” as one of the schools on which the duty is imposed, but as we know, Clause 52 of the Bill creates three different types of academies: academy schools; 16 to 19 academies; and alternative provision academies. First, for the avoidance of doubt, is it the Minister’s understanding that the duty to co-operate will apply to those three types of new academies, as well as the generic term in the Child Care Act?

Secondly, there has been a revocation of regulations that were introduced some time ago to apply the duty to pupil referral units. The Government have already revoked that requirement. Can the Minister assure us that he will now overturn this revocation and bring pupil referral units back into the duty to co-operate, as was originally the case before the Government acted?

Education Bill

Debate between Baroness Howe of Idlicote and Baroness Hughes of Stretford

Wednesday 13th July 2011 Grand Committee

[Baroness Howe of Idlicote]

Could we all have a copy of the letter explaining how creationism is prevented being taught?

[Baroness Hughes of Stretford]

I thank the Minister for his response and all noble Lords for their contributions to this important issue. The point raised by the noble Lord, Lord Willis, is extremely important and reflects one of the constant challenges in the Bill. We are debating proposals for change, many of which will not apply if the brave new world in which every school is an academy comes into being. It is an issue that I want to raise later in relation to admissions. In response to the Minister’s offer to provide a letter specifically in relation to creationism, perhaps it could be sent to all noble Lords so as to address the broader question raised by my noble friend Lady Morris of Yardley. Precisely what control does the Secretary of State or anyone else have over other potentially unwanted developments in the curriculum at an academy? It might be some other obscure and unusual development, so it would be good to know what controls are in place.

The Minister acknowledged the point that decision and accountability rests with the Secretary of State, and I perfectly accept that. The point at issue here is the process that leads up to that. The Minister has said that the Secretary of State, not the QCDA or some replacement for it—none of us is defending any particular body; we are talking about the process in principle—would have responsibility not only for the final decision but for the process of consultation. While the Minister has given some assurances that the Secretary of State will consult with the three groups that the QCDA now has to consult—the local authorities, governing bodies and teachers—beyond that, the parameters of the review will be determined by the Secretary of State and not by an independent body. Therefore, any academics which the Secretary of State chooses to include in the process of review beyond those three groups can simply be those academics which support the view that the Secretary of State starts off with. While it may be of some assurance that the written submissions may be published at the end of the process, it will be too late for someone with alternative views to be consulted.

Officials sent round a note on how the new process would work. I do not know if every Member received it, but my noble friend and I did. It states that beyond those three groups which have to be consulted on a statutory basis, the Secretary of State will,

“need to give notice of the proposal to any other persons with whom he thinks it would be desirable to consult”.

The difference that we can all recognise is that at the moment the range of additional people is decided by an independent body, not the Secretary of State who has to make the final decision. That is a crucial difference.

There is another crucial difference at the end of that process. Whereas the QCDA at present must arrange for a full report to be published, the advice that we are given by officials is that,

“After the consultation has ended, the Secretary of State will consider the responses and publish a summary of the views expressed and a draft of the regulations”

that he wants to bring forward. In other words, it is again in the gift of the Secretary of State to decide what to publish and what to reveal about what was said during the consultation process. That is not an acceptable process in this day and age, and there needs to be some division in terms of the independence of the consultation, the analysis, the recommendations and the final decision of the Secretary of State. We may return to this matter on Report but, for now, I beg leave to withdraw the amendment.

Education Bill

Debate between Baroness Howe of Idlicote and Baroness Hughes of Stretford

Wednesday 6th July 2011 Grand Committee

[Baroness Howe of Idlicote]

My Lords, when I spoke a little earlier, I was trying to say that I was sad that the two groupings had not been moulded together because it was very important to hear what the noble Lord, Lord Phillips, had to say before the Minister has the duty to reply. He now has that advantage but I was also impressed by what the noble Lord, Lord Knight, said previously about his own experience of looking at a similar approach to that which the Government are thinking about. In the end, for a number of reasons, they did not go down that path.

We have heard today of the disadvantage that it would be to some groups, if not to others, to say nothing of this sort of behaviour spreading around the country without anyone knowing what would happen if allegations are true and proved. I am afraid that we have had too many instances in the past of things coming to light much later on. We also know the damage that has been done to so many young people as they grow up. I very much look forward to what the Minister has to say because I hope that Members, obviously not just in this House but in the other House, will read carefully what has been said during this debate because it should have considerable influence, along with what the Minister will say to his colleagues in the other place.

[Baroness Hughes of Stretford]

First, my Lords, I thank the noble Lord, Lord Phillips, for giving me an annotated photocopy last week of his proposals because it enabled me to work my way through them and really think about them. Having done so, if we are to have legislation of this form then the amendments that he has put forward and the powerful arguments he has made from his own experience are compelling. However, I want to draw the Minister's attention to Amendment 73HB, which would delete that phrase in subsection (5) where the court, in thinking about “dispensing with the restrictions”, can have,

“regard to the welfare of the person who is the subject of the allegation”.

That was picked up by a number of Members here. In our debate on the previous group, we were concerned that the Government were considering teachers, and only teachers, and not other professional groups. For this phrase to be included in the legislation is so illuminating. It speaks volumes to me of the mindset with which the Government have approached this issue. Again, we see the Government thinking of only the teacher vis-à-vis, in this situation, the child. That is so disturbing and demonstrates their tunnel vision approach to this whole issue. I hope that they will take this whole matter away and think again.