Children and Families Bill

Debate between Baroness Howe of Idlicote and Lord Northbourne

Monday 11th November 2013 Grand Committee

[Lord Northbourne (CB)]

My Lords, my Amendment 57, which had a great deal of support earlier on in this Committee, was on roughly the same subject as and to a great extent coincides with the amendment of the noble Baroness, Lady Massey. I congratulate her on an amendment which I almost—almost—entirely support.

I have two things to say here. First, there is a decision to make. The opposition amendment—shall we call it that?—puts the burden upon the state to list the things that schools must do. The amendment of the noble Baroness, Lady Massey, and my amendment both place that obligation on the schools themselves. That has a number of implications. I will not go into those in any detail but it will make schools think harder and it is more in line with what I believe to be the Government’s policy, so perhaps it is more likely to happen.

The other point about these two sets of amendments, particularly the second set, is that they are only about sexual relationships. If you think about life, other sorts of relationship are equally important. Particularly in the context of sexual relationships, the relationship between a parent and their child is crucial. I would like to see built somewhere into these amendments a reference to other important forms of relationship. For goodness’ sake, no one can tell me that relationships in the workplace do not matter, or when dealing with clients, in social life or looking after older people and children. Sexual relationships are frightfully important and I agree that at that stage of a child’s development it is important that they should be given the detail and information, and be able to question and think about those relationships, but it should be done in the context of all interpersonal relationships.

[Baroness Howe of Idlicote]

My Lords, I go back a long way on the whole business of citizenship, which is what I shall call it. When I came into this House, a new Government arrived shortly afterwards and my noble friend Lord Northbourne was keen on promoting something called citizenship. Suddenly there was an idea that citizenship was actually going to be taught. I think we assumed that citizenship would encompass some of the less explicit things we have been talking about in the debate, and an awful lot of them were going to be taught within this subject. However, it did not happen. The subject was spread around a lot of other different subjects being taught, and nothing was made of it.

We have seen a huge change in the influences bearing on young people and on families more generally. I listened with great interest to my noble friend Lady Kidron, who is writing a book or making a programme—I do not know which it is—about this whole area. My goodness, what she has uncovered and described to us is something that I am afraid we are becoming more aware of every day.

What I would like to see, along with the superb amendment moved by the noble Baroness, Lady Massey, which we all support, is real attention being paid to how we can address this issue. I am afraid that we have moved much further up the sexual agenda. I am grateful for the comments that have been made about my Private Member’s Bill, but having listened to what has been said in this debate, I almost feel that it is out of date. However, there is a lot of emphasis on this in the redraft and it is still awaiting its Second Reading; I hope that that will come soon. There is a lot more about education and support of that kind in the Bill. Judging by the number of noble Lords who have talked about this subject today, I hope that we shall see lots of them in the Chamber when the Bill is debated.

I will not go into the specific details of what I would like to see being covered, but I hope that the Minister has, above all, listened to what has been said. My noble friend Lord Cormack—I call him that we because we have known one another in different capacities for many years, although we do not necessarily always agree on every subject—made an extremely telling contribution. Again, I hope that the Minister will pay a huge amount of attention to what is set out in this amendment and to what has been debated. It is absolutely the gist of what we have to deal with in the future if we are to bring up the next generation, particularly young women, with sufficient self-esteem, knowledge of and confidence in themselves to play their full role. I fear that all too many young women are regarded as objects in today’s world, which is a terrifying comment on what we have failed to achieve so far. This is a major challenge, but I will not go on because we have had a very good discussion. I hope that the Minister will be able to reassure us that this issue is going to be taken seriously.

Children and Families Bill

Debate between Baroness Howe of Idlicote and Lord Northbourne

Monday 4th November 2013 Grand Committee

[Lord Northbourne (CB)]

My Lords, I support Amendment 146, tabled by the noble Baroness, Lady Sharp of Guildford. For many years, I had the privilege to be a member of the governing body of the Caldecott Community, where we looked after very damaged children. Reintegration into adult life was always the problem. The noble Baroness is absolutely right that the potential to make a successful transfer into adulthood must be the ultimate criterion. It is obviously true that educational achievement and, indeed, age may be factors in the judgment, but what about the ability to succeed? It is important that that context should be established, because institutions must have as their objective not necessarily educational attainment but enabling their pupils to develop to a point where they can live independently.

[Baroness Howe of Idlicote (CB)]

My Lords, I also say what an absolutely splendid debate we have had so far, particularly the input from the noble Baroness, Lady Sharp, with which I agree entirely. Also, the noble Baroness, Lady Cumberlege, has given quite a new dimension to our thinking.

I have tabled a small and modest amendment in the group, Amendment 172. It is based on the fact that Clause 45 allows a local authority to cease an education, health and care plan if the outcomes set within it have been achieved. The amendment would require a local authority to continue the plan if ongoing support were needed to maintain those outcomes, so it is pretty similar to others. In effect, my amendment seeks to prevent the Bill from giving local authorities a green light to end plans prematurely, when children may still need specialist support. That issue greatly concerns the National Deaf Children’s Society, RNIB and Sense.

We must recognise that sensory impairment in itself is not a learning disability. There is no reason why most children with a sensory impairment cannot achieve as well as other children, providing that they receive the right support. What concerns me is that, without this amendment, the Bill seems to allow local authorities to remove that support just as a child is starting to make progress. It would also seemingly allow local authorities to remove that support, even if ongoing support is needed to maintain and consolidate the progress that the child has already made.

Parents have told the National Deaf Children’s Society of their frustration that their child often had to fall behind before they could get the support they needed. One parent told the NDCS that:

“Although our son made extremely good progress in his first year in his new school, this seemed to be a trigger to reduce the levels of assistance from all other departments. His speech and language therapy stopped, everything stopped. It was as if he no longer needed it and he just dropped, his development went completely backwards”.

It is that kind of scenario that the amendment is intended to prevent. Although it echoes much of what has been said already, I hope that the Minister, when he replies, can give the assurance needed for all those children.

Children and Families Bill

Debate between Baroness Howe of Idlicote and Lord Northbourne

Monday 28th October 2013 Grand Committee

[Baroness Howe of Idlicote]

My Lords, I am happy to support the amendment of my noble friend Lord Low to strengthen the accountability measures around the local offer. I hope that all the comments that have been made will strengthen the arm of the Government in making certain that they are delivered.

For far too many families the process of accessing support for their disabled child or child with special educational needs involves them navigating their way around a complex, inflexible system which is still steeped in bureaucracy. All too often parents feel that they have to be persistent and tireless if they are to get the services they need, with only articulate families or those who shout the loudest—in essence, probably, more middle-class families—being listened to. Therefore, accountability around the local offer for services, on which almost 1.4 million children will be reliant, must be as robust as possible so that families can ensure that the services they need are available in their local area.

This is something that the Education Select Committee emphasised in its pre-legislative scrutiny of the SEN reforms, stating:

“The importance of getting the Local Offer right cannot be overstated”,

and recommending that the Bill must contain improved accountability measures by which offers can be evaluated. The amendment of my noble friend Lord Low would create a situation where local authorities would have to work closely together with families, as well as with school governors, children’s centres and nurseries, with the common aim of making local support for disabled children and children with SEN the best that it can be.

In these difficult financial times, when every penny counts, ensuring that children with SEN are given timely and effective support in their local communities will certainly prevent families reaching crisis point, where they need more expensive support further down the line as a result. We should not underestimate the importance of this partnership working. Too often parents feel powerless and that their needs are not being listened to. As a consequence they are forced to fight for a statement of special educational needs or to go to a tribunal to get the right support for their child. This is, and remains an unacceptable situation. It wastes time, money, resources and can be emotionally draining for parents who already face immense challenges on a day-to-day basis. Indeed, I echo the chair of the Education Select Committee, the Member for Beverley and Holderness, who stated at the Report stage of the Bill in the other place that he hoped there would be fewer people having education, health and care plans than under statements,

“because local offers meet so many of the needs of parents and young people”.—[Official Report, Commons, 11/6/13; col. 205.]

The local offer has the potential to be truly transformative in improving the lives of families with disabled children, ensuring that services are designed by families for families. However, I am not confident that the current provisions in the Bill will guarantee this. I will listen with enthusiasm to any reassurance I can get. I further urge the Government to accept the amendment of my noble friend Lord Low, which would prioritise the needs of families and ultimately lead to better life outcomes for 1.4 million children.

[Lord Northbourne]

My Lords, I support the amendment of the noble Lord, Lord Low, and the comments that the noble Baroness, Lady Howarth, made about it, which were very wise and very important. Both those speakers have said what needs saying more ably than I can, and I am not going to repeat it. The only thing that I am going to raise with the Minister is whether this does not raise a question about the rather extraordinary wording of Clause 25(1):

“A local authority in England must exercise its functions under this Part … where it thinks that this would”...

Leaving aside the rather esoteric question of whether or not local authorities think, that enormously weakens the residual provisions in these clauses. It gives the local authority the excuse to say that it does not think that these things are absolutely necessary. I wonder whether the Minister might think about that.