Schools and Colleges: Special Educational Needs

Baroness Hughes of Stretford Excerpts

Monday 15th April 2024 Lords Chamber

[Baroness Barran (Con)]

We have to be very careful about talking about dumping children. I have not met a school yet that behaves like that. I want to pick up on the point made by the noble Baroness, Lady Bull. Some of the best practice I have seen is where schools are establishing small units within the school campus for children with the most disruptive behaviour and only the best teachers in the school are allowed to teach in that unit, thereby sending a strong message about how they value those children.

[Baroness Hughes of Stretford (Lab)]

My Lords, according to the Government’s recent statistics, in only 49% of cases of children who have been assessed as needing an education, health and care plan are those plans produced within the 20-week statutory limit, leaving children, families and schools in limbo because they cannot access the funding required for the support the child needs. Can the Minister say what she is doing about this?

Children and Social Work Bill [HL]

Baroness Hughes of Stretford Excerpts

Monday 11th July 2016 Grand Committee

[Baroness Evans of Bowes Park (Con)]

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

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

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

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

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

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

[Baroness Hughes of Stretford (Lab)]

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

“prepare and publish a report on … what”,

the partners,

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

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

[Lord Hunt of Kings Heath]

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

Children and Social Work Bill [HL]

Baroness Hughes of Stretford Excerpts

Wednesday 6th July 2016 Grand Committee

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, as has already been pointed out, this group is closely related to the group beginning with Amendment 30 on ensuring that the voice of the child or young person is heard and understood. These amendments would ensure that personal advisers have an awareness of speech and language communication difficulties and needs. Personal advisers do not need to be fully trained speech and language therapists, but they need to be aware of any possible lack of communication skills on the part of young care leavers.

I listened with interest to the Minister on Monday when she said that the Government have put £650,000 into speech and language support—this at a time when the proportion of children in the population is increasing. From 2010 to 2014, the birth to 17 year-old population grew by around 550,000, an increase of 4.9%, and the rate of children being looked after has increased from 57 per 10,000 in 2010 to 60 per 10,000 in 2015. The sum of £650,000 appears to be woefully inadequate. Over the same period, local authority budgets have come under intense pressure and as a result some non-statutory preventive services for children have been considerably reduced. Over the spending review period, against the baseline, in 2010-11 local authority spending on children’s centres and early years reduced by 38%, or £538 million, while spending on youth services reduced by 53% or £623 million. Without adequate awareness of the speech and language needs of children and young people, personal advisers will not be able to support them in the way I believe the Government intend. More resources other than the £650,000 already mentioned will be needed for their strategy to be successful. I fully support the amendments in the name of the noble Lord, Lord Ramsbotham.

[Baroness Hughes of Stretford (Lab)]

My Lords, I rise to speak to Amendments 88A and 88B, which are tabled in my name. In doing so I declare an interest in this area because of my role as chair of the Governing Council of Salford University. These amendments are slightly different from those already being considered; none the less, they are concerned with maximising the educational attainment of looked-after children, albeit at the other end of the educational experience—higher education—that we do not hear about too much.

Amendment 88A would require each university to collect and publish data on their recruitment of students from looked-after backgrounds, the demographic characteristics of those students, their educational outcomes and their destinations on leaving university. Amendment 88B would place a duty on universities to assess the needs of students coming in from an experience of care, to provide the support—financial and non-financial—that they need to continue with their studies, to support them in vacations and to give them priority in the allocation of bursaries to cover fees and maintenance. The educational underachievement of children in care is significant, long standing and well known to everybody here.

At every level—through early years, schools, colleges and so on—children from care quickly fall behind their peers and often stay behind them. Recent figures show, for example, that less than 15% of children in care gained five good GCSEs, including maths and English, compared to almost 60% of all children. Over a third of care leavers aged 19 are NEET, compared with about 19% of all 19 to 24 year-olds. In higher education, although it is a considerable improvement on the 1% it was not long ago, still only 7% of care leavers go to university, compared to about 30% of all young people.

We know broadly the reasons why. Children in care have experiences before—and unfortunately very often during—their care experience that make learning much more difficult. I know that all of us here believe passionately that when the state is in loco parentis, the support and targeted interventions to make up for those experiences should be there. We should ensure that children in care come through the care experience having developed and attained everything they are capable of.

Successive Governments have focused on the outcomes, particularly educational, for children in care, and there has been some steady, if not dramatic, improvement in schools, colleges and local authorities. There is some excellent practice, which we can disseminate in those sectors. For example, there is the virtual head teachers scheme, which is extended in the Bill. Local authorities now require an educational plan for every looked-after child, and monitor that at senior levels.

However, there has been much less attention paid to what needs to happen in the HE sector to increase the number of children in care going to university, staying there and succeeding. There is some good practice, and a real focus on looked-after children in some universities. Two significant charities—Buttle UK, with its quality mark, and the Who Cares? Trust—have done a great deal to encourage universities to focus on looked-after children, but the situation is very patchy.

One of the first problems is that we do not even know how patchy it is, because there is very little data. Colleagues in HE have said to me that because the Higher Education Funding Council does not require any statistics on looked-after children, none are collected. OFFA, the fair access body, again encourages universities to include looked-after children in their access agreement, but does not require it. So we do not know how many looked-after children apply to university, how many go to each university or what their characteristics are. We do not know how they fare when they get to university and whether they complete their courses or disproportionately drop out, like some other vulnerable groups. Nor do we know the kind of employment or destination they go to.

Much of this information is collected for students as a whole, and some of it is disaggregated for other groups—for example, students from minority-ethnic groups and disabled students. But it is not disaggregated for students who come in from a care background, as it is in schools, so we cannot see the outcomes for those students and compare them with those for the rest, and we cannot compare the performance of universities.

Requiring universities to collect and publish data for looked-after students would enable us to see how students from care were doing, and which universities were doing well and which were not. It would be a driver, as it has been for schools and colleges, for steadily improving performance overall. Then, of course, there is the question of the additional support looked-after students are likely to need to go to university, to stay there and to be successful. Amendment 88B is not exhaustive, but it outlines the kinds of support likely to be necessary.

It is time to bring to the higher education sector the same obligations we have placed on schools, colleges and local authorities, and to try to make a real difference to the numbers of looked-after children going to university and coming out successfully. I hope these amendments will stimulate that debate and that the Minister will give full consideration to these issues.

[The Earl of Listowel (CB)]

My Lords, I support what the noble Baroness, Lady Hughes of Stretford, has just said and pay tribute to the work of the Labour Government—their huge investment of funds to improve the education of looked-after children; the change in the law; the introduction of designated teachers; and the reform of the school admissions process, which is so important for these young people.

There has been concern about the success in higher education achieved by young people leaving care. It is also very important to bear in mind that many of these young people mature late. As I have mentioned in the Chamber, Dr Mark Kerr, a care leaver himself, who has done research in this area, found that upwards of a quarter of 25 year-olds in the group he looked at had gone on to higher education. I hope these statistics will provide a means of monitoring how many mature students have been through care, so that we can get a more accurate idea of how successful our efforts are. It has been somewhat demoralising to think that all the effort we have put into the education of looked-after children has not been reflected in higher education attainment, although there has been a significant increase from a very low base. Regarding how we might make best use of our resources, it may be helpful to know how many 25 year-olds who have been in care go on to higher education, for instance.

The noble Baroness referred to the Frank Buttle Trust, which has done such important work in this area, and the Who Cares? Trust. One issue the Frank Buttle Trust has identified is that, where there is someone to champion care leavers at university, one needs to plan carefully for that person’s succession. One can have a very good person in place but when they move on, everything can fall back. Therefore, I hope that can be kept in mind in any guidance arising from this work. I am very grateful to the noble Baroness, Lady Hughes, for tabling these two amendments and look forward to the Minister’s response.

--- Later in debate ---

[Baroness Butler-Sloss]

My Lords, I would like to support what the noble Baroness, Lady Tyler, has just said. The Select Committee responsible for the post-adoption legislative inquiry came to the conclusion that I and one or two other Peers who served on the committee ought to meet children. We met a group of around a dozen adopted children to ask about their experiences. We then thought that it would only be fair to meet children who are in care, and again we spoke to about a dozen of those children. Everything that the noble Baroness, Lady Tyler, has just said we experienced, and it was very moving. I was the only Peer actually to talk to those children and their enablers. They told me frankly how they felt, and nearly everything they talked about was in relation to their brothers and sisters. One young person who was just about to leave care had been the father figure to three or four younger children. They were taken away and all divided up between different families. He said, “I was responsible for them. No one will even tell me how they are getting on. I think of them every night”. It was really terrible. The idea that siblings are taken into account should not be part of the actual law of the land seems utterly wrong.

We know that local authorities are in difficulties, and I am not suggesting that every sibling, perhaps particularly the eldest of 13, should be able to see every one of their brothers and sisters once a week; that would be silly. The use of Skype, Facebook and so on provides an opportunity to be in touch but, unless it is a requirement, it is extremely easy to overlook. That is why it needs to be in primary legislation.

I am a grandmother, six times over I am glad to say, but I am also a not-particularly effective president of the Grandparents’ Association and, on its behalf, I would like to say how important grandparents are—and the stories I have heard of how grandparents are taken for granted. If they are able to look after the children, that is great, but when they come in asking to take over the care of children, who basically they have been looking after for years and years, they are utterly disregarded. In the best of local authorities and, I have to say, the best of CAFCASS, they are taken into account, but many times they are not. It is about time that also was on the face of primary legislation. I should add, of course, that not every grandparent is a good one—one has to recognise this. The fact they are on primary legislation does not mean the local authority has to deal with thoroughly obstructive, unhelpful grandparents, who are trying to destroy whatever the situation is. Speaking now as a former judge, I had that sort of grandparent too, so one has to be realistic. But the majority of grandparents love their grandchildren and work incredibly hard for them, and they really should be recognised.

[Baroness Hughes of Stretford]

My Lords, I also support very strongly the amendments tabled by my noble friends and other noble Baronesses and noble Lords in this group. I will speak briefly but very particularly in relation to the points about siblings and grandparents. The noble Baroness, Lady Tyler, and the noble and learned Baroness, Lady Butler-Sloss, have spoken very movingly about the importance to children of contact with their siblings. The new and rising role of grandparents also means that we have to look at that in terms of policy, as well.

I want to reflect on something that I find quite depressing. Most people in this room now were also participants when we debated the Children and Families Bill, not too long ago. We had extensive debates then about the importance of contact with siblings and the importance of considering kinship care before alternatives were gone towards too quickly, yet it seems to be the default position of the Department for Education not to recognise this in primary legislation. When he replies, I hope the Minister will speak to that, because I thought we had convinced him and his officials then, when we debated that Bill—but here we are again, with other legislation presented to us, that completely disregards siblings and other important family members. As the evidence my noble friend cited from the Family Rights Group and others shows, there is still very poor practice. Unless we put these issues in legislation to demonstrate their importance when the decisions about individual children and families are being made, we will still keep going around in circles. We will come back with another Bill and they will still not be there, and we will still have children separated from their brothers and sisters. Now is the time really to put this right.

[Baroness Howarth of Breckland]

My lords, I believe that the latest Ofsted findings show that siblings are being kept together and placed without undue delay in most circumstances, which is extremely good news. I wonder if the Minister could verify that. Certainly, it was what was said at the presentation of the latest Ofsted report and I greeted the news with some joy. However, it does not mean that I do not support this amendment, because the very fact that Ofsted has to report on this and say how much better it is getting shows that we have had to reach a point of changing practice to make sure that children are able to talk to their brothers and sisters. I am delighted that it seems to be getting better, if that is so, but it does emphasise the need for this proposal. I am the very unlikely founder of the All-Party Parliamentary Group for Grandparents—they could not find anybody else—but, as people know, I have brought up children and still find myself with my great-nieces and great-nephews for care, and for all the things that grandparents do.

What I have learned from working in the north of England, where all my family are, is that grandparents up there are mostly caring informally for their grandchildren. It is only when things go seriously wrong that they suddenly find that they are not adequate to care for those grandchildren, because the assessment says that they have to be moved somewhere else. That is where the two parts of this Bill meet, because we are looking for good assessment by a social worker. Of course, the child’s needs must be paramount; you do not leave a child with a grandparent who does not have the ability to care for that child—but surely it is better, if they have made that relationship and the grandparent is fit to care, that they continue. The recent death of Ellie Butler is an example of that.

--- Later in debate ---

[Baroness Evans of Bowes Park]

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

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

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

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

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

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

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

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

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

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

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

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

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

[Baroness Hughes of Stretford]

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

[Baroness Evans of Bowes Park]

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

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

Children and Social Work Bill [HL]

Baroness Hughes of Stretford Excerpts

Monday 4th July 2016 Grand Committee

[Lord Warner]

My Lords, I, too, support Amendments 61A and 71A in particular and draw the Minister’s attention to a Select Committee report produced by your Lordships’ House on post-legislative scrutiny of adoption legislation. Somewhere in the Department for Education archives, there will no doubt be copies of that report and the oral evidence given to the committee. The noble Baroness, Lady Howarth, was on it, and, I think, the noble Baroness, Lady Armstrong.

Among those who gave oral evidence was a remarkable judge, Nicholas Crichton, from one of the London family courts. He was so fed up with a procession of the same young women coming before the family court and having their children taken away. The women would reappear 12, 15 or 18 months later and would continue through their 20s with the same judges in the same court taking away their children and putting them into care. He got so fed up with that that he found some charitable funding to produce some support for the young mothers to whom it was happening because he was trying to stop this escalator of producing more children to be taken into local authority care.

That judge was doing the job that we could argue is the responsibility of the local authority because the great majority of these young women had been in care. We had a bizarre situation where an energetic and innovative judge was trying to do the job of a local authority that was not able to provide these kinds of services to young women who had been in care and who had repeat pregnancies. I would ask the Minister to look at that before he rejects fully these amendments, because there is a lot to be said, in the public interest as well as the interests of these young women, for moving down this path.

[Baroness Hughes of Stretford (Lab)]

My Lords, I apologise for being unavoidably unable to come to the first day of Committee. I should like to add some comments in support of Amendments 61A and 71A. We should see these amendments as being very much about early intervention and prevention. The Bill, welcome though it is, is a little light on early intervention and prevention. The amendments point to situations from the point of view of the babies born to young people who have been in care. Unless there is specific early intervention with a great deal of support provided, we may not be preventing those babies at some point coming into care or being subject to serious difficulties.

I say that for two reasons. We know from the statistics that, generally, babies of young parents—right across the board, not just those who been in care—do not fare as well on any number of developmental indicators, despite the ability of some individual young parents to be outstanding. Those babies suffer a series of stresses from that situation that impair their development, in many instances irrevocably. The vulnerabilities suffered by a young parent who has been in care can only add further stress and difficulty to that situation. It is really important from the point of view of early intervention and prevention for children born to young people who have been in care that there is a specific focus that points the statutory services to make sure that they intervene early and prevent adverse consequences further down the line to another generation of children. I hope the Minister will take these amendments seriously.

[Baroness Pinnock]

My Lords, we have had a very interesting and informative debate on this subject. I do not wish to add anything because everything I might say has already largely been said. All I would say is that this is focused on the principle that I and others raised at Second Reading and earlier today: the fundamental importance of early intervention and prevention if we are to break the cycle of children going into care and the consequent implications for the rest of their lives, and for the costs on local authorities and the state. Everything we know points to the fact that a focus on funding for early intervention and prevention does more than address the issues once children and young people are in the care system. I very much welcome this informative debate and thoroughly support the amendments.

Children and Social Work Bill [HL]

Baroness Hughes of Stretford Excerpts

Tuesday 14th June 2016 Lords Chamber

[Baroness Hughes of Stretford (Lab)]

My Lords, this Bill rehearses a number of themes with which we are all very familiar because we know they are important to improving the outcomes for children in care, and it revisits those themes with further measures. While we would all welcome the opportunity to improve the system even further, it is at the same time dispiriting that we need to return to these issues because the outcomes for so many children are still not good enough.

I want to touch on a number of themes that the Bill addresses. The first is education. The Bill rightly stresses the importance of educational attainment to improve the life chances of looked-after children. I welcome the measures to extend the remit of virtual head teachers and designated teachers in maintained schools and academies to children and young people who have previously been looked after. However, is it not time that we stopped tinkering with the system by adding small measures here and there and instead had a relentless, end-to-end focus on education for these children with proposals that go much further in spanning the education needs of looked-after children and care leavers right from the early years through to, as the noble Baroness, Lady Shephard, said, higher education and beyond?

Early years is particularly important. There is a great paucity of data about the youngest looked-after children’s access to their free entitlement, but the indications are that those three and four year-olds who are looked after in care are much less likely to be in early years education and, where they are, are more likely to be in poor-quality education. Some limited data have been put forward by FACT, the Family and Childcare Trust, about Kirklees Council, which decided to look into this and found that only 37% of its three and four year-olds who were being looked after were actually accessing their free entitlement to early education, so it put a big focus on that group of young children and increased the proportion to 95%. Because we here know what an impact good early years education can have, particularly on the most vulnerable children, I am sure that we all agree that we want to ensure that they access that provision. Giving responsibility for their educational progress to virtual head teachers as well would be a way of trying to achieve that.

Why do the proposals for virtual heads and designated teachers in schools not include FE colleges? Many looked-after children and care leavers tend to leave school and go to college, so it seems right that the virtual head teacher should be able to help with that transition, follow those young people into colleges and include them in the focus on their educational attainment.

We know that those young people in care and leaving care are much less likely to go into higher education—or, if they do get in, to complete their course successfully. Despite the experience of the noble Baroness, Lady Shephard, this morning, which sounded very positive, the numbers nationally of looked-after children going to university are pitiful. I would like much stronger leverage on universities to focus on looked-after children and care leavers. The data are currently so poor—I declare an interest; I speak as the chair of a university council in the north-west, and this is something that I am pressing there—that many universities do not know how many looked-after children they have. They cannot track their progress, so they do not even know if a looked-after child is dropping out. We need to consider requirements on universities to do much better on both recruiting and retaining young people who have been in care. I would like the Government to consider the proposal from TACT, The Adolescent and Children’s Trust, to consider free university tuition or a guaranteed apprenticeship for every child in care. That is something that every parent would try to achieve with their own child, so it should be good enough for us as corporate parents to aspire to.

The second theme is one that the Minister mentioned: the need for stability and continuity for these children. We know that that is often impaired in a very damaging way because of successive placements, changes in social workers, changes in living situation and so on. I welcome measures in the Bill to improve the stability and continuity for children in care, particularly the provision of personal advisers up to the age of 25, in Clause 13. I am a bit concerned about that provision, though, in that the onus is on the young person to request that personal adviser rather than on the local authority or the social workers to make that provision known and facilitate it.

However, there are other barriers, which we have debated here before, that are still in the system and threaten the stability and continuity for children in care. I hope that during the passage of the Bill we will remove them once and for all. For example, we should abolish the requirement for foster children to claim housing benefit at 18 in order to stay in their own foster home. That cannot be right. It does not happen with our own children and it should not happen with foster children. I would like to give foster carers a role until their foster children are 25. Foster carers should be able, for instance, to continue in the role of a personal adviser. It makes no sense to appoint a different person to do that from the age of 21 to 25 if the foster carer is willing to continue and the young person wants the continuation of that contact. As my noble friend on the Front Bench has said, it would be very welcome to have an equal drive in the Bill to improve foster care, as well as ensuring that those children who would benefit from adoption get it. Also, young people should be able to stay in residential care if they need and want to beyond the age of 21, to help with that transition. At the moment these barriers in the system tend to mean that as soon as the child gets to sometimes 16, 17, 18 or 21, they are moved on. We can do some things here to make that less likely.

The third theme is of course the importance of support services and the proposal that the local authority consult on and publish a local offer for the services that will be provided for care leavers. This approach was deployed, as we know, in the Children and Families Act 2014 with regard to children and young people with a special educational need or disability. I recall the debates then, especially about whether such a local offer, determined wholly by the local authority—it could say what it would offer—could be effective without any teeth. Before we replicate that provision with regard to this group of young people, it would be helpful to know what evidence there is about the effectiveness of the local offer and the views of young people and families about it with regard to disabled children and those with SEN.

However, the Explanatory Notes make it clear that the Bill, in Clause 2, removes the existing requirement in the Children Act 1989 to publish more generally information on services for looked-after children and care leavers, and instead proposes this new duty to consult on and publish a local offer for care leavers only. This seems a retrograde step. Why not publish a local offer as well if this is of benefit not only to care leavers but to children in care, adoptees, foster carers and adoptive families? Why does this apply just to care leavers?

The local offer needs to include services provided by other organisations. We know the importance of health and dental health, and there has been much debate about the paucity of mental health services. It is important that other organisations are bound by the services they can add to the local offer and have to deliver it.

On Clause 15, the power to test different ways of working, the Government are right to look for different ways of working and achieving better outcomes but there is something contradictory about the measures in Clause 15 and the mechanism proposed. On the one hand we have extensive legal obligations on local authorities and others already—and we are considering more in the Bill—precisely to try to improve the outcomes of children in care, yet if Clause 15 is enacted it will suspend those obligations to improve outcomes for children in care. That does not seem to make sense, and the Minister will have to explain why suspension of the obligations and the possible impact on the rights of children is necessary.

I will make two points that are not in the Bill but which are important. The level of resources has been mentioned already, and the cuts that local government has had to sustain—40% in revenue funding, which has cut some £10 billion over the last three years, and the same level of cuts are being looked for again—are having a huge impact on preventive services and on the thresholds defined for social work intervention, and must have implications for the Bill. Finally, I wish that there was more on training in the Bill. Regulation itself, although it could have a positive effect on status, reputation and standards, will not of itself improve practice, supervision and leadership in social work, which is the way to improve outcomes for children in care.

Education and Adoption Bill

Baroness Hughes of Stretford Excerpts

Wednesday 16th December 2015 Lords Chamber

[Lord True (Con)]

My Lords, I am a little puzzled by the groupings. I thought that we were discussing government Amendment 20 and the whole business of so-called consultation and what that entailed in a later group. I will not trespass on remarks I may make to your Lordships at that stage. However, remembering grant-maintained schools and what went on in that so-called consultation—the intimidation and other things that happened to parents and others who wanted to set up independent schools—we should look a little askance at pleas for too much elaboration in the process. Perhaps we can discuss that at the appropriate time.

I apologise to your Lordships that I was unable to be present in Grand Committee and I repeat my declaration of interest at Second Reading: that I am the leader of a London borough. I spoke on the difference between academies and maintained schools, and put in a plea to my noble friend that he consider addressing what we all know—I certainly know it from my local experience—which is that some academies are coasting. That is a minority of academies and I do not subscribe for a moment to the doctrinaire opposition to them, but there is no doubt that there is some need for intervention. In my neck of the woods, we are getting to the very limits of tolerance with the dithering of some academy leaderships in addressing failings in their schools.

Therefore, I give an unqualified welcome to Amendment 24 in the name of my noble friend. It is extremely welcome, needed and right. On the questions posed by noble Lord, Lord Hunt of Kings Heath, it is clearly beyond doubt that proposed new Section 2D, in Amendment 24, would apply to all past academy agreements. The ones causing most concern in my area are academy agreements reached under a previous Government. I do not mean the coalition Government but a Government of another colour.

My noble friend has listened with his customary wisdom and intelligence to your Lordships’ House. He has been prepared to take and to hear criticism, and good advice, from all sides of the House. He has put forward very constructive proposals. I hope very much that your Lordships’ House will not be churlish and pick at rather minor drafting points. We all know that this is an early stage in the legislation process. It is still 2015, and the Bill will be tidied up before it becomes law. I hope the House will give a very fair wind to the generous way my noble friend has listened to the House, and to the amendments he has put forward, and will support government Amendment 24.

[Baroness Hughes of Stretford (Lab)]

My Lords, I welcome the opportunity to respond to the amendments in this group after our deliberations in Committee. Before doing so, I apologise to the House: I very much wanted to take a full part in this debate, having raised many of these issues in Committee, but I have a personal appointment first thing in the morning in Manchester which I must keep. I am afraid that I have had to book a train to get me home tonight and, depending on how long Report stage takes, I may not be here for the end of the debate. I apologise for that.

I welcome the two government amendments in this group. Under Amendment 15B, the regulations on defining coasting will on the first occasion they are presented be subject to the affirmative resolution. That is a very welcome change on the Government’s part. I thank the Minister for taking the time to alert me to his proposals before today, and that was one of them.

I also welcome government Amendment 24, which, as the noble Lord, Lord True, said, enables—as we argued strongly for in Committee—parity of treatment between academies and maintained schools where they are defined as coasting, in need of improvement or in special measures. This is very important, particularly given the Government’s aspiration for all schools eventually to be academies. It is very important that we are clear about the process that will pertain when an academy is coasting or in need of significant improvement. Will the Minister therefore elaborate on the detail and explain how this will work in practice?

The Minister has rightly stressed throughout these debates the importance of acting quickly when a school is coasting or in need of significant improvement. As he has said on many occasions, a day longer in such a school is too long for any child. I agree. Will he say something about the timescale that he envisages will apply if and when these provisions are used in relation to an academy? The amendment refers to the warning notice. Proposed new Section 2B(4) states:

“The Academy agreement must provide … the power to terminate the agreement … if the proprietor has failed to comply with a … warning notice … on time”.

What does that mean? What timescale are we talking about for implementation?

The amendments take us to the end point of giving the Secretary of State a power to terminate an academy agreement. I presume that that means that a school would not go back to being a maintained school and that it would close or become a new academy with some other sponsor. Is this correct? Will the Minister elaborate on what will happen to the school and the children if the original agreement is terminated? Again, stressing the need for children’s education to be protected, how long does he envisage it will be before alternative arrangements are in place?

Proposed new Section 2B(5) enables the Secretary of State, by regulation, to specify academies that will not be included in these provisions. What does the Minister envisage here? Does that mean that general regulations will be introduced that elaborate on the procedure by which these measures will be implemented? If so, by what means will this House approve them?

[The Earl of Listowel (CB)]

My Lords, I will speak to my Amendment 14 in this group, which aims to ease the return of children who are absent from school for reasons such as leukaemia, spinal injury and mental health issues by making it easier for schools to take them back. Before I do so, I join in the thanks from all sides of the House to the Minister for listening to the concerns raised in Committee, and in particular for tabling his Amendment 24. I am most grateful to him, and to my noble friend Lord Sutherland for attaching his name to my amendment.

My amendment would take data on the academic attainment of pupils absent for more than 15 days in any school year for medical reasons out of the assessment for coasting schools. The noble Baroness, Lady Massey, whom I see is in her place, organised a meeting to discuss these issues a short while ago. We heard concerns that such young people are not always welcomed back with open arms by their schools. There may be a disincentive to support pupils who have had a significant time away due to illness. Head teachers may feel less confident about such pupils achieving their predicted grades. We heard from a young woman with a spinal injury who returned to her private school, which is very academically based. She certainly felt that she was not welcomed back.

In the statutory guidance supporting pupils at school with medical conditions, there is an expectation that local authorities should make other arrangements for the education of pupils who are,

“away from schools for 15 days or more because of health needs (whether consecutive or cumulative across the school year)”.

Fifteen days’ absence over a school year would be a suitable criterion for excluding those pupils’ results from schools’ reported data.

My hope is that this amendment would encourage the re-integration of pupils and ensure that schools’ results more accurately reflect the quality of their teaching. I am grateful to Dr John Ivens, head teacher at the Bethlem and Maudsley Hospital School, for suggesting this amendment. I would be most grateful if the Minister considered making such a change to the recording of coasting schools’ data, and if he considered applying such a measure to the whole school population, thereby easing the re-integration into school of all children absent for medical reasons. I look forward to hearing the Minister’s response.

--- Later in debate ---

The noble Baroness, Lady Hughes, asked about timescales. I think she was referring to the timescale in which parents could be informed about what was going on in relation to a school becoming an academy. I assume that that is what she was referring to.

[Baroness Hughes of Stretford]

I really meant that, in the event that the provisions of government Amendment 24 were to be invoked because an academy was either coasting or failing, what did the Minister envisage would be the timescale to get it back on track?

[Lord Nash]

For a failing academy we would proceed as quickly as we could identify an alternative sponsor. There would be no question of the school closing, unless there was no demand for the school. In all the cases that we have brokeraged, to which my noble friend Lord O’Shaughnessy referred, we have waited until we identified another sponsor and moved on as quickly as possible. Generally, we are talking about a few months.

There was a question about whether different sets of regulations would apply to maintained schools and academies. There will be just one set of regulations. This is made clear by subsection (6) of new Clause 2B.

In conclusion, I note that noble Lords support our ambition to ensure that all pupils, whatever their background, receive an education that enables them to flourish. I hope that this debate and the amendments that I have laid will reassure the House that our approach will help us to achieve this ambition. I therefore urge the noble Lords not to press their amendments and to support the government amendment that I have laid.

Education and Adoption Bill

Baroness Hughes of Stretford Excerpts

Tuesday 17th November 2015 Grand Committee

[The Earl of Listowel (CB)]

My Lords, I shall be taking part in the Second Reading of the Welfare Reform and Work Bill, so I apologise to your Lordships if I cannot be here for much of this afternoon’s discussion.

Listening to this debate, I think back to the experience of my half-sister, who for many years was a school librarian in Canada. She would complain about fathers coming in and taking books for their three year-olds about the planets and stars, which were completely inappropriate for the age of the children in question. Fathers were expecting children to understand things that they had no possibility of understanding. I think that probably happens a lot in the education system and outside it. People feel very strongly that certain things are important and others are less so.

My concern with sponsors is that they may have a very strong vision; sometimes that is a very positive thing, but sometimes that may not be so helpful. That is why I am interested to hear from the Minister, in a letter in due course, about the selection, training, support and development of sponsors, and why I have some sympathy with the concerns expressed by the Committee about who these sponsors are and who guards the sponsors. I look forward to the Minister’s response.

[Baroness Hughes of Stretford (Lab)]

My Lords, I will make just a few comments on this group of amendments. I, too, apologise that I will not be able to be here for the whole Committee sitting. Unfortunately, because of other commitments I will be in and out a little bit.

I support the spirit of Amendment 25. I cannot see any reasonable and valid arguments why chains of academies should not be routinely inspected. The noble Lord, Lord Sutherland, made the point that that discretion could be left with Ofsted, but if it does not actually inspect chains I do not know how it will know whether or not it needs to inspect them. They ought to be brought into the fold of those organisations that Ofsted routinely inspects.

I want to focus on parents and what I believe is the right of parents to be both informed and consulted about significant changes to the status and organisation of the school in which their children are pupils. We touched on this in an earlier meeting. We have since had, just before this Committee session started, the response of the noble Lord, Lord Nash, to the noble Baroness, Lady Sharp, who raised some of these issues. It is now clear from this letter, notwithstanding the comments of the noble Baroness, Lady Evans, at the previous meeting, that in relation to a failing school the governing body does not have a duty to inform parents; it is required to take reasonable steps, but we all acknowledged in Committee that in many instances that does not happen. So there is not a duty on the governing body specifically to inform parents if Ofsted has decided the school is failing and that consequences will follow.

The noble Lord, Lord Nash, also admits in the letter that:

“There are no requirements within the Bill for the governing body to have to inform parents that the school has been identified as coasting”,

by the regional schools commissioner; nor is there a requirement on the regional schools commissioner to inform parents that he or she has decided that the school is coasting. It seems that, when it comes to these important matters, parents are falling between a number of bodies which may or may not decide that they should inform parents and which may or may not consult them. It is in the gift of the Government to make that a duty and to bring the rights of parents to information and consultation to the fore in the Bill. Surely that is right.

As the noble Lord, Lord Storey, said, the only argument we have heard against that so far is that the Minister thinks that that would delay things at a time when speed is of the essence in setting matters to rights when a school is not performing. But that is within the Government’s own gift. The Government could set strict time limits. They could set down the means by which that consultation should take place. They could set that in statute or in regulation to minimise any delay, but that could still involve putting the rights of parents to information and consultation to the fore as an equally important principle, along with the others in the Bill.

I look forward to hearing the Minister’s response to that point, because if he is still relying on the very weak argument that this would cause unnecessary delay, he really has to say why the Government do not grasp that nettle and bring forward proposals that would minimise delay but still involve parents in decisions about their children.

Education and Adoption Bill

Baroness Hughes of Stretford Excerpts

Tuesday 10th November 2015 Grand Committee

I come back again to the localism agenda. In Greater Manchester, and potentially Cornwall, the whole of health and social care is going to be handed over by central government to the combined authorities at local government level. So why is education being completely ring-fenced from any of those factors? It is a puzzle to me.

[Baroness Hughes of Stretford (Lab)]

As well as the fact that, on this particular point, the Education Department seems wholly out of step with the general direction of government policy—which, as my noble friend said, is transferring power from central government to the local combined authorities—the department’s stance undermines the very policy itself. The overarching remit of the combined authorities is to develop the economies of their city or region and translate that growth into opportunities for all their citizens, particularly the most disadvantaged. Surely education has to be part of that agenda of economic growth. Does my noble friend agree?

[Lord Hunt of Kings Heath]

This is another puzzle because the terms of the agreement with Greater Manchester focus on growth in the economy and specifically mention the skills agenda. I have listened to the Government talk about the issue of skills—albeit at the same time as destroying further education, which of course is where most of these skills are taught; but we will leave that aside for the moment—and I am absolutely amazed because the argument they put forward is that while skills are crucially important, the role of schools is to make sure that, when they come out, young people are ready to go into the workplace; that is, those who do not go into higher or further education, if any is left when they reach the age when they move on from school.

Why on earth is education being taken out of this really exciting development? I am enthusiastic about what is happening in Greater Manchester, and potentially it is hugely exciting, but I just do not understand why education is being left out of it. This is but one example of how, when the Department for Education says that it is consistent with the localism agenda, it is, frankly, completely unbelievable.

--- Later in debate ---

[Lord Sutherland of Houndwood]

It does, and that is helpful, but it still leaves the question of accountability for finance and governance, which is very specialist, and accountability for educational practices, which is pretty specialist too but perhaps does not relate to some of the issues that we are concerned with.

[Baroness Hughes of Stretford]

Before the noble Lord’s previous intervention, he seemed to me to be saying, and perhaps he could clarify whether this is his view, that all the schools that are bad or coasting are in the maintained sector, that the solution to dealing with that is to take them away from local authority control and relationships completely and that therefore, by implication, all the academies that have gone through the process of becoming academies are excellent. We know that that is not true. Is that what he is saying—that all the bad and coasting schools are only in the maintained sector?

[Lord Sutherland of Houndwood]

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

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

--- Later in debate ---

[Baroness Hughes of Stretford]

I shall speak briefly in support of the amendment. My noble friend said more eloquently than I can all that I have to say, so I shall keep my remarks brief.

I feel conflicted in listening to this debate because the Government have taken such an intransigent line on there being only one solution to improve the performance of schools—that is, to make them academies. Because of that, I feel pushed into a position that is not actually mine. I do not think that local authorities are the be-all and end-all. Like my noble friend, I, too, chaired improvement boards in many local authorities when I was a Minister—including in Manchester, which was not easy what with coming from there. I was quite clear what my responsibilities were: to call the local authority to account. I think many Ministers have done that, too. The dichotomies that are inevitably a result of the position that the Government have taken are very regrettable because they prevent us debating the real issues about how we can best put the ingredients into schools, as the noble Baroness, Lady Pinnock, identified them, that will help them all succeed.

I take issue with three points. The reason why I support the amendment is that it is trying to keep options open and to make the process of deciding the way forward, when a school is coasting or underperforming, one that must consider a range of options instead of going down only one route. The first point, as I said, is the Government’s assumption that academisation can be the only solution. My noble friend is quite right: you can sustain that position only if you think that that will in every single circumstance, 100%, improve every school. We know from the evidence, although the Government are reluctant to talk about it in any reasonable way, that that is not the case. Academisation, certainly over a period of time, does not necessarily produce the ingredients that we know are required for excellence in education.

Secondly, we have heard a lot of comments about this Bill handing responsibility and accountability for performance back to professionals, and away from local authorities who have not held schools to account. Let us just be clear that when schools underperform, the first people responsible are the head teacher and the teachers in that school. They are responsible for that. Yes, local authorities have had a duty to call those schools to account but not all professionals are good ones; not all head teachers are good, either. I do not want that point to be lost because so far in this debate it has been.

Thirdly, I feel very strongly that the provisions in the Bill that would completely cut out parents from any say in the process of what happens to an underperforming or coasting school that their child attends is completely wrong and cannot be justified. My children are now well grown up and I am into a generation of grandchildren. However, if I was directly responsible for children in such a school I would be absolutely incensed that I could have no say and would not be called to a meeting. That is wrong in principle. In terms of the outcomes that such a process would achieve, it would be regrettable.

I support the spirit of this amendment for those reasons. We need a much more nuanced debate and to retain the possibility that there are other ways forward for some schools. We certainly should involve parents.

[The Earl of Listowel]

Before the Minister replies, I want to ask the noble Baroness, Lady Pinnock, if she might help with a bit of clarification. Before asking her that question, I thank the noble Lord, Lord Watson, for his helpful comments earlier. Perhaps I should have said that I have an interest in this area: I am a landowner and I am interested in property development.

I think the noble Baroness also attended the meeting at the beginning of the week with the head teachers and regional schools commissioners. What I found most interesting about that was the impact on governance that academisation seems to have. The noble Baroness will be aware that the Chief Inspector of Schools has been concerned for quite some time about the variability in the quality of governance in schools. There was quite a discussion of governance in that meeting. What struck me listening to that discussion was that perhaps the academy process is a little like Teach First—or, for social work, Step Up—because it suddenly gives the opportunity to bring a whole new pool of talent, drive and expertise into the governing bodies. It seems possible that one justification for the Government’s process is that as a systemic approach it is a way to bring a whole slew of expertise into the governance and leadership of schools that is not so easily available by the normal process. I have not had experience as a school governor. Would the noble Baroness, Lady Pinnock, care to comment?

--- Later in debate ---

[Baroness Sharp of Guildford]

I remind the noble Earl that schools receive extra resources for those young people—especially now, with the pupil premium. However, there is an overlap between the two groups and, although we have to be careful to ensure that the pupil premium resources are not spent exclusively on those with special educational needs, there is a reason to use some of those resources for some of the activities.

[Baroness Hughes of Stretford]

Before my noble friend Lord Watson speaks, perhaps I may ask a question. This is an important amendment and it made me realise that I did not know terribly much about what academies have to do in relation to children with special educational needs and disabilities. Can the Minister tell us—if not today then in writing after the Committee—what information schools have to provide, when they are to become academies, about the arrangements that they will make for children with special educational needs and disabilities? Secondly, what statistics does the department have on the numbers of children with SEND who are currently in academies, compared with those elsewhere in the education system?

[Lord Watson of Invergowrie]

My Lords, I am not sure which Minister will respond to this debate—I see it will be the noble Baroness. I am sure that she will tell us that the amendment is not necessary, but I hope she will say that that is because the two requirements in it are already in place. She is nodding—and if that is the case, it is most welcome.

The issue of special educational needs is much underestimated and is not fully appreciated by many people. Like other noble Lords, I have been in contact with the Royal College of Speech and Language Therapists, which provided an interesting briefing with some rather worrying statistics. Two in particular stood out for me. First, one in five of all pupils has a special educational need of some sort; that represents about 1.6 million people in England. Secondly, 50% of children in areas of social deprivation have significant language delays, which of course have all sorts of other spin-off effects, not least the fact that children with vocabulary difficulties at five are significantly associated with poor literacy, mental health and employment outcomes in adult life. So it is important that schools deal with those issues as far as possible.

While the noble Baroness’s initial response is encouraging, we need to be clear whether there is any tendency—I am not aware that there is one and perhaps I could ask whether figures are available—by academies to exclude more children with special educational needs, like for like, than maintained schools. I would be concerned if that were the case. Certainly, the last part of the amendment, proposed new paragraph (b)(ii), which talks about,

“children with special educational needs and disabilities who do not have an education, health and care plan”,

is the most important because those children are most at risk. The school itself has to decide, in place of the plan that exists for other children, what it will do and how it will care for those children. I suppose it is self-evident that some schools do it better than others. This is not a division between maintained schools and academies. It is obviously more challenging to deal with children with special educational needs if there are only a few of them than if there is a significant group of them within the class and perhaps teachers can specifically be there full time to care for their needs.

With those points and the particular question about the comparison between academies and maintained schools, I await the Minister’s response with interest.

Education and Adoption Bill

Baroness Hughes of Stretford Excerpts

Tuesday 20th October 2015 Lords Chamber

[Baroness Hughes of Stretford (Lab)]

My Lords, it is a pleasure to follow the noble Baroness, Lady Eaton, and hear her response to my noble friend Lord Blunkett’s maiden speech. It is a particular pleasure to be here to hear my noble friend’s maiden speech. They both have a long-standing and well-deserved reputation for promoting the well-being of children and young people over a long period.

The objective outlined by the Minister—that all children should be able to reach their potential and that education should play a transformative role in that where possible—is one that unites us all. I am sure that we start from consensus on that position. The Minister and the noble Lord, Lord Storey, identified that we all come here with our particular experiences as to why this is very important to us. For me it is because of my journey through life. I was born into a very large family living on a council estate. Were it not for parents who, although denied education themselves, saw very clearly its importance for their children, I would not have had the opportunities I have through education. I want the same for every child, including those born into circumstances like mine and that of my noble friend. We are coming to this from different experiences, but we are united around that objective.

The question we need to address is how best to achieve that and whether the Government have got it right in the Bill. My other experiences over the years, in local government, in university management and as a government Minister, have led me to change the view I started with as a young person in positions of authority —that, if you get the structures and systems right, all will be well—to a much more complex understanding. If you are to get sustained change, it is not really about the structure, but about the people delivering and the importance of collaboration. Sustained change means that people have to own that change and feel part of it. That is the seat of some of my concerns about the Bill.

Implicit in the Bill are some key assumptions. First, to achieve their objective, the Government need to extend the powers and reach of the Secretary of State and central government to intervene in schools directly, and to extend that reach to an as yet relatively undefined category of “coasting” schools. Secondly, the Government need to take away the ability of local government, governing bodies and parents to be involved in and consulted about the future of schools that might be eligible for improvement. Thirdly, the only way to improvement is conversion to a sponsored academy. Taken together, those three elements lay bare the Government’s belief that the way forward is central government control and universal academies—an approach that is neither sustainable nor effective—as opposed to the collaborative and supportive approach that I will refer to, and which has actually been shown to work.

I will touch on those three assumptions. First, the Bill proposes to extend the powers and reach of the Secretary of State way beyond the current position: they will be able directly to issue warning notices to schools, to prevent local authorities doing so, to stop local authorities from intervening, to determine how intervention will be implemented, and so on. Precisely what evidence is there that those powers are necessary? The Minister mentioned that local authorities already have the power to intervene. I know that many of them do not yet do so, and I agree with him that they should, but the Secretary of State can direct them to intervene. The Secretary of State can set up an improvement board across the whole of an authority and chair it herself, if she wants to, which I did as a Minister on a number of occasions. I therefore question why extra powers are needed to put the grit into the system that the Minister wants to achieve.

I reflect on the marked contrast between the approach taken by the Department for Education towards local authorities and that taken by some other parts of government. I live in Greater Manchester, where there is now an agreement on considerable devolution of powers, responsibility and accountability from the Government to the combined authority. Such discussions are going on with other city regions in other parts of the country. Why is the opposite approach of cutting out local authorities and local communities being taken in education, when it seems that the flavour of the month in other parts of the Government is to recognise that the direction of travel now is in favour of devolution?

As I said, the second strand is to strip out the involvement of local authorities, governing bodies and parents in deciding the future of schools. Obviously, this is consequential on the powers being taken in the Bill for the Secretary of State to determine those issues. I reflect on the stark contrast between that approach and another that has been shown to work: the London Challenge, another innovation of my noble friend Lord Adonis, who is no longer in his place. The London Challenge was not a soft option in any shape or form. It was based on “stick” as well as “carrot”, but most importantly it was based on the evidence that for improvement to be sustained in the education system as a whole, not just in individual schools, the process has to be owned by all the protagonists—central government, local government, local authorities, governing bodies, schools and parents alike. It was based on the power of collaboration between families of schools. Schools were grouped in families according to common factors such as demographics and they worked together, and there was collaboration between central and local government. It set tough targets, provided the resource and support to meet them, showed absolutely remarkable improvements and transformed both the performance and reputation of London schools, so much so that we instituted similar challenges in the Black Country and Greater Manchester, but unfortunately these were axed in 2010 by the coalition Government.

On the third strand—that academisation is the only route to improvement—the Bill includes not only a power for the Secretary of State to make an academy order if a school is eligible for intervention; it imposes a duty on her to do so if a maintained school is eligible for intervention because it requires significant improvement or special measures. So it is clear that the Government believe that becoming an academy is the only route to improvement, and their goal is that every school should become an academy, as the Minister said. What evidence does he have from anywhere in the world that wholesale academisation throughout the whole of an education system produces the best possible outcomes for children? Although my Government established academies in underperforming schools in disadvantaged areas, we did so for two reasons: first, obviously, to improve the outcomes in those schools; but, secondly, to provide a beacon for schools throughout the system, whatever their type, showing how excellence could be achieved. It was always in our minds that diversity in the education system is as important as a mechanism for improving schools. I wonder how the Minister feels about this. He is taking this country into uncharted waters, for which there is no evidence, by making every single school an academy. It is one thing for central government to reach into 200, 300, 500 or 1,000 schools; but there is no evidence to suggest that making all schools—almost 15,000 schools—academies without any local connection or control from the centre will be effective, and it may cause other problems, particularly for parents.

If the Minister is so confident about the positive impact of universal academisation, including the involvement of academy chains, why are the powers of intervention for maintained schools as defined in the Bill not applied to academies? It is not good enough to say, as he and the Secretary of State have said, that they are governed by funding agreements, that the department intervenes in relation to those agreements, and that the situation with academies is completely different. It should not be different. The process should be transparent and should be the same as the one for maintained schools. Post-conversion inspections show that 8% of primary sponsored academies and 14% of secondaries are currently rated inadequate. The lack of transparency regarding how those inadequate and failing academies are being dealt with within the confines of the Department for Education, where we cannot know what is being said and what the outcome of those discussions are, does not build confidence among teachers and parents.

I have not touched on adoption because I wanted to focus on education. I look forward to discussing that issue in Committee. The stated intentions of the Bill are laudable, and we all support them, but the Government’s one-track approach of centralisation of control and universal academisation causes me great concern. I look forward to discussing that further in Committee.

Childcare Bill [HL]

Baroness Hughes of Stretford Excerpts

Wednesday 1st July 2015 Lords Chamber

[Baroness Eaton (Con)]

My Lords, I find it very surprising that today the Opposition have decided that the Statement on child poverty made in the other place by the Secretary of State for Work and Pensions should not be repeated and discussed here. The Statement details the Government’s approach to tackling the root causes of child poverty and improving the future life chances of young people. Instead of debating child poverty as a matter of public importance, the Opposition have chosen to have a debate about procedural matters, when the Government have already made it quite clear that they have responded to their request to defer the Report stage of the Childcare Bill to October.

[Baroness Hughes of Stretford (Lab)]

Would the noble Baroness like to explain to the House the relevance of the point she has just made to the topic under discussion here today?

[Baroness Eaton]

My Lords, the Minister has already made it clear that the concerns of the House were to be brought back at Report in October. However, the issue of child poverty is of great importance to the whole nation. I do not think that the electorate are particularly interested in the finer points of how we reach conclusions.