Childcare Bill [HL]

Debate between Baroness Jones of Whitchurch and Lord Nash

Monday 26th October 2015 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Education (Lord Nash) (Con)]

My Lords, I would like to take this opportunity to express my thanks to noble Lords for their support, challenge and dedication throughout the passage of this Bill. I very much appreciate the expertise that Peers have brought to the House on the complex subject of childcare, and I hope noble Lords feel that I have listened to concerns raised and addressed them appropriately. I particularly would like to thank the noble Baroness, Lady Jones, who has provided strong and heartfelt opposition on this Bill, and I greatly appreciated working with her on the education brief over the last Parliament. I will miss her on the education brief, and I wish her well with her new one. I will, of course, be keeping noble Lords up to date with the progress of the Bill, and am committed to holding a meeting on the funding review following the spending review. I look forward to working with noble Lords on the Education and Adoption Bill.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I thank the Minister for making time available during the passage of the Bill and outside of the official process to meet with noble Lords on a number of occasions. It was very much appreciated and helped to clarify a great many issues. I also thank the Bill team for their sterling efforts in producing a Bill at short notice and in difficult circumstances. The Bill is leaving this place in a better shape than when it arrived, suitably amended but with many questions still unanswered, so I look forward to hearing about further positive progress when the Bill is considered in the Commons and in other meetings that the Minister may be organising, so that we can achieve our shared and important goal of increasing free childcare for working parents.

Childcare Bill [HL]

Debate between Baroness Jones of Whitchurch and Lord Nash

Wednesday 14th October 2015 Lords Chamber

[Lord Nash]

My Lords, I would like to speak to Amendments 1, 30 and 31 tabled by the noble Baronesses, Lady Jones, Lady Pinnock and Lady Tyler and the noble Lord, Lord Touhig. I understand the concerns that the noble Baronesses and the noble Lord are seeking to address through these amendments. I share their view that we need to get the funding for the entitlement right. Much of the success of the extended entitlement rests on sustainable levels of funding. However, I do not agree that these amendments are the right way to deliver that outcome. Indeed, it would simply risk delaying substantially implementation for working parents, which has been widely welcomed. This Government have already shown their commitment to ensuring that funding levels will be sufficient to deliver the 30 hours’ free childcare for the working parents of 3 and 4 year-olds. The Prime Minister himself has already committed to an increase in the rate paid to providers; indeed, we were the only party to commit to such an increase during the general election.

We have acted swiftly upon our promises. Within a month of the general election, we brought forward this legislation and committed to early implementation of the extended entitlement for parents in some areas from 2016, so that we can test the provision, which is so important. We definitely do not wish to delay, because although 2017 may seem a long way off, there is a lot to get right. At the June budget, we made financial provision for the extended entitlement, announcing £840 million, including Barnett consequentials, in 2018-19. That is the current estimated cost before the average hourly rate that providers receive is raised and indicates a further commitment by this Government to the delivery of the extended entitlement. We have listened and addressed the concerns of a sector that has been asking for a review of funding for early years, by establishing a review on the cost of providing childcare as soon as possible. As I have said, this is the most detailed national review of childcare that has ever been conducted. It is a very complicated issue, as noble Lords heard yesterday, and we do not believe that we should delay.

I hope we can all agree that it is clear that we share the same objective—one which the noble Baronesses and the noble Lord have set out in their amendments. We, too, want to establish a sustainable funding solution that addresses concerns about the delivery of the existing entitlement and supports providers to deliver the extension to the entitlement. We have no interest in a solution that will not work for providers. Under the last Government we expanded childcare very substantially and successfully and we fully intend to do so again.

Noble Lords raised the question of funding and the funding review in Committee. Understandably, there were many questions about how the review would be conducted and what it would cover. We have sought to provide more information about the analysis of the first findings of the call for evidence, the terms of reference and the policy statement. The Government have also made very clear their intention to publish the final report from the review following the spending review. The findings from the review will feed directly into the spending review, which is imminent, as we all know. That is where decisions about future funding rates will be made. It is important therefore that the review is complete in order to inform this process. The Budget and the spending review are the appropriate times for the Government to set out their spending plans and Parliament debates those plans at the appropriate time. Legislating for the childcare entitlement is not the time to have this debate.

However, I have listened to concerns raised by noble Lords about ensuring that this Bill is scrutinised by Parliament once the Government’s spending plans are made clear at the spending review. Third Reading will be on 26 October and the Bill will then be sent to the other place in the usual way. It is then only four weeks until completion of the spending review. Although noble Lords would not expect me to be able to comment on the precise timetabling of business in the other place, there are no plans for the Bill to reach Royal Assent before that review concludes. I hope that noble Lords will find that statement helpful.

A delay to the coming into force of key provisions of the Bill will have a knock-on effect on the ultimate delivery of childcare to parents, delaying our consultation process as well as the start of early implementation. The purpose of the review is to provide a robust analytical underpinning for a funding rate that is fair for providers and delivers value for money to the taxpayer.

The review team is considering a significant body of existing and new evidence, such as published research and academic studies, and evidence provided by sector representatives, as well as studies recently commissioned by the Department for Education conducted by a number of consultancy companies. Some noble Lords have met the review team which, led by the department’s chief analyst, is working on two key analytical strands. I think that noble Lords found the meeting yesterday with the chief analyst helpful. I am sorry that the noble Baroness, Lady Andrews, was not able to come yesterday, as I think she would have found it very informative. However, if she would like me to set up a separate meeting for her to meet the chief analyst, I would be delighted to do so.

The first of these two analytical strands looks at providers’ costs and the second considers the supply and demand side of the childcare market. Both are complicated and key to informing our work. The review team recognises that there is huge variation in costs between different providers and between children with varying needs, and the analysis and modelling will allow scenario testing to understand the drivers and consequences of these differences, which will inform our testing in the early-implementation pilot studies.

In Committee many noble Lords raised the importance of the review looking at the costs of providing childcare for children with additional needs. It is absolutely right that it should do so, and we are grateful to those specialist providers and charities that have helped us with this question. We will extend the analysis in the review to consider the characteristics of the families that will be eligible for the new entitlement, including which families it will help back into work or help to increase their income. Details like this are extremely complicated, yet we are clear that they need to be considered carefully to ensure that the system is funded to support all children who wish to access it.

The Government greatly value the opportunity to engage with those who are directly affected by our policies. We have been engaging extensively with all of these groups, both through face-to-face meetings and via other channels. Key organisations in the sector such as the National Day Nurseries Association have welcomed the extended entitlement and have been key partners in the delivery of the review of the cost of childcare. While we are aware of their concerns on the delivery of the extended offer, we have sought their involvement in the development of our policies and the review in particular.

Noble Lords will have seen the report we published on 2 October on the analysis of the responses to our call for evidence. We had over 2,000 responses, the majority from providers—and, as I have said, already over 1,000 providers have come forward, wanting to be involved in the pilot studies. These responses gave us very useful information, which is informing the content of the review. The findings from the call for evidence will help us put into context the work we are doing on understanding providers’ costs. The review team has followed up to gather more detailed information from some of the providers that responded to the call for evidence.

As part of our plans for engaging with stakeholders we have also held a series of round tables over the summer across the country. The round tables have been a valuable opportunity to engage with providers face to face and to tease out some of the issues that were raised in the call for evidence, building on the significant body of evidence that we are considering and looking at the challenges that providers will face in delivering the extended entitlement, while always remembering that the providers would not be doing their jobs properly if they were not asking for more money, because we are, after all, in a negotiation with them.

The childcare sector is healthy, vibrant and growing. It has grown substantially in recent years—by 12% over the three years from 2009 to 2012. It is not a sector that is severely underfunded, and the number of providers offering places under the entitlement has also continued to increase. The market has demonstrated that it is able to respond to the extension of the free entitlement. We just need to look at the rollout of the entitlement for disadvantaged two-year olds, which was introduced in the last Parliament.

I turn now to the proposal of the noble Baronesses and noble Lord for a review to be independent. In coming to a decision about the most appropriate type of review, the timings of different review options, as well as the cost to the taxpayer, were significant factors leading to our decision for this to be a government review with an element of external validation and scrutiny. We determined that the most appropriate approach would be a cross-government review with expert support from outside.

We all know that there is a rigorous and time-bound process supporting any government spending provisions, particularly when increases to particular budgets are involved. Our priority has been to secure our knowledge and understanding of providers’ costs and to inform the discussions on sustainable funding rates during the spending review this autumn. An independent review would have taken significant time to set up and its findings would, therefore, not have been available to feed in to the spending review. This is a vital point. It was important that we move quickly to set up the review and meet our commitment to providers to increase the rate.

We believe strongly that the review under way strikes the correct balance of needing to move quickly and thoroughly. If we now delay, it would be for a considerable period of time because, as I have outlined, the issues here are complicated and it would take considerable time for an independent review to get its mind round it. This would put under threat the timing of delivering the full offer in 2017, because it would delay the consultation, the regulations and, most importantly, the pilot schemes.

I am very grateful to the noble Lord, Lord Sutherland, for his comments on this. He so ably argued and explained why a delay would be a bad idea, and grasped quickly the fact that it would not be a short delay.

I am grateful to the noble Earl, Lord Listowel, for his comments about the impact that the Bill will have on social mobility, as it lifts more families into work or into more work.

As for the comments of the noble Baroness, Lady Howarth, I know that she is very experienced in the field of local authorities. I found some of her comments yesterday particularly helpful. As for the wider envelope and taking that into account, I do not know about that, but I will take it back. My noble friend Lady Evans will talk later about cross-subsidies, but I can assure the noble Baroness that this review is very comprehensive, taking into account all the issues that local authorities will face, and I will take her points back.

I hope that I have provided sufficient reassurance as to the rationale for the way in which the Government have decided to conduct this review and the robustness of the processes that we are following. As I set out, the outcome of the review will be published later in the autumn, as, of course, will the spending review. It will provide sufficient explanation of the Government’s intentions and the next steps, and will be made available to Parliament. As I have said, there are no plans for the Bill to reach Royal Assent before that review is completed. I am happy to ensure that there will be further opportunity for this House to scrutinise the details of the legislation after the spending review has been published. As I mentioned in my opening remarks, I would be happy to host a further meeting with the funding review team after the spending review, if noble Lords would find that helpful.

As I will outline when we debate a later group of amendments tonight, the Government are proposing that the secondary legislation under the Bill will be subject to the approval of both Houses. This will provide an opportunity for further debate on the details of entitlement, once the funding review has concluded.

I hope noble Lords will agree that placing in primary legislation a requirement to conduct a review, which is already under way, is not necessary and could in fact delay the positive progress that has already been made if the Government were required to stop and begin again once the Bill receives Royal Assent. I therefore urge the noble Baroness and the noble Lords to withdraw their amendment.

[Baroness Jones of Whitchurch]

My Lords, first, I would like to thank noble Lords who have spoken in support of our amendments. I also thank the Minister for his statement and his subsequent comments. The Minister raised other issues in his statement that relate to other amendments, and I know that noble Lords will want to pick that up when we get to those items.

I want now to concentrate on the specific issues relating to the timing of the funding review. The Minister did not address in his response the concerns of the Delegated Powers Committee, which has once again criticised the Government for a lack of detail in the Bill. It does not believe that the case has been made for why all the detail should be contained in secondary legislation, to be seen at a later date, rather than in the Bill. I was sad that the Minister was not able to respond to that today.

Secondly, the Minister did not address why the Bill is being rushed through in advance of the outcome of the funding review being known, which might, as we have heard, fundamentally alter the shape of the package that will be on offer because of the complexities which I think we all now understand. In particular, he did not answer the question asked by my noble friend Lady Andrews about when he first knew that he would not be able to let us have the information that he promised us at an earlier stage. A lot was riding on that at the Committee stage and we feel let down by his lack of commitment.

I hear what the Minister said about the timing of the funding review and that it would be published after the spending review in November, but nothing that he has said so far has provided any reassurance that even Members of the Commons will have the opportunity to scrutinise the Bill at that stage. Clearly, the outcome of the funding review would need to be before them at the Commons Committee stage for there to be any chance of scrutiny of how the scheme will work in practice. Although I listened carefully to the Minister, I do not believe that he gave such a commitment.

This amendment is not about delaying the Bill. The Minister talked about scrutinising evidence and about consultation. All those things can go ahead as planned and still take place—we have got two years before the implementation date—so I do not believe that what we are asking for is unrealistic. There will be plenty of time before the Bill comes into force to allow the outcome to be published and properly scrutinised by both Houses, so the current rush to the statute book leaves us feeling sceptical about the motives.

I was saddened to hear the noble Lord, Lord Sutherland, comment that he thought that a sustainable funding solution was unobtainable, because the scheme seems untenable in the long term if we do not have that. We cannot have a scheme where the funding is made available for one year and then left to drift for following years, which appears to be what is happening at the moment and is why the sector is so unhappy about the schemes now being funded at a loss. We need a response to that. I respect the views of the noble Lord, but I thought that he was being rather too pessimistic.

We believe that what we are suggesting is fair. It would not alter the implementation date of the Bill, but it would give us more reassurance that the scheme is workable and tenable in the longer term. We are not convinced by the Government’s response and would therefore like to test the opinion of the House.

Childcare Bill [HL]

Debate between Baroness Jones of Whitchurch and Lord Nash

Wednesday 1st July 2015 Lords Chamber

[Lord Nash]

My Lords, this group includes Amendments 12 and 16. I remember well the excellent debates we had during the passage of the Children and Families Bill, and it will be no surprise that I sympathise with the intentions of the noble Baronesses, Lady Jones, Lady Tyler and Lady Pinnock, and the noble Lord, Lord Touhig, in their desire to ensure that the new entitlement is implemented in a way that meets the needs of children with SEN and disabilities.

We know that families with disabled children too often experience challenges and financial pressures in getting the service they need. That is why we have already acted—or will be taking steps—to address the issues highlighted by the proposed amendments. There is a strong legal framework in place to support children with SEN and disabilities. The Equality Act requires local authorities and other public bodies to promote equality of opportunity for disabled people. Early years settings, schools and colleges must make reasonable adjustments for disabled children, including the provision of auxiliary aids and services, to ensure that they are not at a disadvantage compared with their peers.

The Children and Families Act introduced significant reforms to the way children with special educational needs and disabilities are identified and supported. The improvements they will bring will be for all children, including those who receive childcare. Local councils will now commission support across education, health and care jointly with their health partners, publish a clear, local offer of services for children with SEN and disabilities and provide comprehensive information and advice to parents on these matters. New 0 to 25 education, health and care plans for those with more complex needs will replace the current SEN statements.

We want every family to have access to flexible and affordable high-quality childcare. We are monitoring take-up of the entitlement for two year-olds closely. In 2015, there were 2,450 two year-olds with some form of SEN or disability who took up a place within the current entitlement, compared to 1,300 in 2014. We can be confident that this is high-quality provision since the majority of children—85%—are attending settings that are currently rated good or outstanding by Ofsted. As the entitlement for three and four year-olds is universal, we do not currently collect information on why children take up a place. However, we know that 94% of three year-olds and 99% of four year-olds in England are taking up funded early education.

We are funding a number of projects to increase the number of good-quality and flexible childcare and early education places for disabled children: for example, 4Children’s project to build on the success of childcare hubs and Family Action’s work to support more school-based childcare for children under five with SEN and disabilities. We are also building on the Family and Childcare Trust’s parent champions and outreach work to increase the number of flexible early education and childcare places for disadvantaged families.

The Government are committed to building a highly skilled workforce for all children. All early years childcare providers must have in place arrangements to support children with SEND under the accountability framework that they are assessed against. The current early years teacher standards require that all new early years teachers have a clear understanding of the needs of children with SEND and are able to use and evaluate distinctive approaches to engage and support them. Similar arrangements apply for schoolteachers.

To ensure that providers and local authorities are equipped to deliver the expectations of the new code of practice, we are funding a number of projects to better equip the early years workforce to support children with SEND responsibilities. These include: funding the National Day Nurseries Association to build on local systems for self-improvement through SEND champions; the Pen Green Centre, which supports a model of peer-to-peer training; and the Pre-School Learning Alliance, to build mentored workforce development networks. More broadly, the SEND gateway, established by the National Association for Special Educational Needs, provides information and training resources for education professionals across early years, schools and further education. Through our voluntary and community sector grants programme, we are also funding the NASEN to develop online learning to help practitioners effectively to identify and meet the needs of children with SEN.

To make sure that we fully understand the issues that families face, we will engage with parents and providers to find out more about how they currently access and deliver childcare. We want to hear their views on how the extended entitlement could best meet their needs. I am pleased to say that we have already received a number of responses from groups representing and supporting disabled children and their parents, offering to host consultation events for parents and providers. We will continue to work with providers to identify what more can be done to ensure that early years settings are building inclusive and accessible services for parents with disabled children. I shall take back the idea put forward by the noble Lord, Lord Sutherland, of making sure that providers for disabled children and the needs of disabled children are factored into the pilots.

As the Committee has heard, funding and affordability is a significant issue for many parents of SEND children. Local authorities must have the flexibility to provide support according to the circumstances in their area. They are able to set higher funding rates for provision that involves additional costs, including costs for children with SEN or disabilities, and can use their high-needs budgets to fund provision for children with additional needs, including those in specialist settings. Some in the sector have expressed concerns over the higher costs of supporting children with SEN and disabilities. The funding review will, of course, consider the additional costs, funding and support required for children with SEN and disabilities. We would welcome any evidence that the Special Educational Consortium can submit to the review on this issue and we will be happy to work with it—indeed, my officials have already met its representatives.

I am in agreement with the noble Baronesses, Lady Jones, Lady Tyler and Lady Pinnock, and the noble Lord, Lord Touhig, about the need for concentrated action to ensure that the Government implement the new entitlement effectively for children with SEN and disabilities. As I have described, much of this is either in hand or about to take place. However, in view of the importance of ensuring that there is equal access to the new entitlement, I would welcome a conversation with noble Lords outside this debate.

I hope that I have reassured noble Lords, and therefore urge the noble Baroness to withdraw her amendment.

[Baroness Jones of Whitchurch]

My Lords, I am grateful to the Minister for suggesting that we can have a further conversation about this, and that may be the way forward, because I think that there are some issues that still need to be explored. I think that there is a problem with saying that we already have a legal framework in place, and that therefore there is no problem, per se. It is one thing to say that you have a legal framework and another to look at the practicality of what is happening on the ground. We have to marry those up in some way—so, if we have a legal framework but parents of disabled children are not accessing it, we have a problem, and we really need to get to the heart of why that is the case.

I am pleased to hear that the funding review will consider the issue. As I said in opening the debate, the call for evidence does not explicitly say that we want to hear from parents of disabled children. I think the noble Lord is saying that that will be done as a separate exercise or a parallel exercise. If that is the case, I am very pleased to hear that. Rather than just assume that parents of disabled children were responding to a general call for evidence, we need to go and seek them out in a more targeted way.

--- Later in debate ---

[Lord Nash]

My Lords, I will speak to Amendments 14, 30 and 32 regarding the review of the cost of childcare, the funding rate to deliver early education places and the impact of the additional entitlement on providers.

I appreciate the concerns that the noble Baronesses and the noble Lord are trying to address through Amendments 14 and 30. I agree with them that a review of the cost of providing childcare is needed and that providers should receive a fair funding rate to deliver early education places. This is particularly important as we move forward to extend the free entitlement to 30 hours for working parents of three and four year-olds. In order to do this, as we discussed, we are conducting a thorough review. The review will report in the autumn and will inform our decisions on the level of funding that providers require to deliver quality childcare, and as I said, we will report on these findings by Report.

The Government have committed to a funding rate that is fair and sustainable for providers and meets the needs of a diverse market—we were the only party that committed to increase the rate. The findings from the review will inform what that rate should be. This is a complex issue which will be looked at both by experts across government and by an external team of experts. Their role will be to support the review process and validate their findings. A call for evidence is already under way, and as I have said, we have already received more than 500 responses. With regard to how we will pay for that, it will be funded by restricting tax relief on the pensions of higher earners.

The noble Baroness, Lady Pinnock, talked about the scale of the increase facing us. We have introduced an offer relating to two year-olds and raised the offers for three and four year-olds from 12 to 15 hours, and the sector has coped well with that. However, the increase is nothing like the 50% that she spoke about. Many children will be in reception classes in primary schools at the age of four and many will already be taking up the offer—parents will be paying for it themselves—so the challenge is not as great as it might appear at first blush. As I say, we are confident that the sector will be able to respond. I hope that the noble Baronesses and the noble Lord will agree that the Government’s firm commitment in respect of the review and funding for early education addresses their concerns. I therefore urge them not to press the amendments.

Amendment 32 is in the name of the noble Lord, Lord True. I understand the noble Lord’s concern that the additional provision may have a negative impact on some providers, many of whom will provide a valuable service to their local community. As I mentioned earlier, I am happy to confirm that we do not envisage that any provider will be forced to provide places. While the number of providers offering places under the existing entitlement continues to grow, it is true that some choose not to do so. Parents may choose, as some do already, to receive their free entitlement from more than one provider. The existing entitlement of 15 hours per week for disadvantaged two year-olds and for all three and four year-olds will of course remain. We will keep all aspects of the delivery of the new entitlement and all the different types of providers under observation and careful consideration but it seems to us that a report such as that suggested by the amendment would be wholly disproportionate. It would be very intrusive into the private business affairs of providers. I hope that this gives the noble Lord the reassurance that he seeks and I therefore urge him not to press the amendment.

[Baroness Jones of Whitchurch]

I thank the Minister for that response. The difficulty is, I think, that there is a great deal seemingly riding on the funding review and we are all trying to piece together what will be in it. Originally we were referred to the call for evidence, which we have of course looked at, but it does not give a great deal away and, as I said earlier, the evidence that it is calling for is very generalised. There are some quite specific issues that we want the funding review to look at, such as capital funding, the historic disparities between local authorities and where the money will come from—I note that the Minister said that it would be paid for by the tax relief but, if it turns out that it costs more than the original assumption, where will that extra cash come from? I give those issues as examples.

This is the last opportunity that we will have to talk about the funding review before we see the findings—according to the timetable now, we will see the findings on Report—and our last chance to influence what is in the funding review. Given that, it would have been, and still would be, helpful to see the terms of reference so that we know exactly what is in them, what is being looked at and what is excluded

I was very taken with the examples given by the noble Lord, Lord True. You cannot assume that some of these providers will find their way to us if we do not ask them to give us the evidence to help get a full picture. I am pleased to hear that there are experts in and outside of government, but I would love to know exactly what they will be doing. I do not want everything dotted and crossed, but a bit more of the flavour of what exactly is going on with the funding review would be really helpful while we still have a chance to encourage people to participate in it and before we finally get a chance to debate the outcome in October. We have moved a little way forward but I think that we still have a way to go on some of these issues. In the mean time, I beg leave to withdraw the amendment.

Amendment 14 withdrawn.

Amendments 15 to 17 not moved.

Amendment 18

--- Later in debate ---

[Baroness Jones of Whitchurch]

My Lords, this is one of the many clauses about which the Delegated Powers Committee was scathing. Regarding the proposal for the establishment of a body corporate, it said in its report that the government memorandum,

“explains little about why a new body might be thought necessary or about the nature of its proposed functions”.

I am rather glad that it said that because our inquiries at Second Reading received a similarly blank response.

Since then, there have been some developments. I am very conscious that the Minister said before we started this debate that the Government had had some second thoughts on the amendment. I could spell out in more detail why we thought that the measure was not a sensible idea but I am sure that the noble Lord has something useful to say about it. Therefore, rather than pre-empt that, I should be interested to hear what he has to say.

[Lord Nash]

As I said earlier, we are very happy to accept this amendment.

Childcare

Debate between Baroness Jones of Whitchurch and Lord Nash

Tuesday 30th June 2015 Lords Chamber

[Baroness Jones of Whitchurch]

To ask Her Majesty’s Government what steps they are taking to ensure the effective monitoring of childcare places by local authorities.

[The Parliamentary Under-Secretary of State, Department for Education (Lord Nash) (Con)]

My Lords, the department’s statutory guidance is clear that local authorities should report annually to elected council members on how they are meeting this duty and make the report available and accessible to parents. We know that the childcare market is thriving. The latest figures just published show that 99% of four year-olds and 94% of three year-olds are accessing the Government’s free childcare offer.

--- Later in debate ---

[Baroness Jones of Whitchurch (Lab)]

My Lords, I thank the Minister for that reply. He will have seen the recent Family and Childcare Trust report entitled Access Denied. It highlights a huge disparity in childcare places across England. For example, 49 local authorities have a shortage of free places for two year-olds in deprived areas, and while some local authorities are proactively managing the shortfall, others are not even bothering to collect the statistics, so the offer and the quality vary considerably from place to place. How can we be sure that future expenditure will be targeted at the families who would benefit the most from this money when we seem to be faced with a lack of nursery places in the most deprived areas?

[Lord Nash]

The noble Baroness is quite right to say that the recent report is concerning—and we are concerned. Local authorities of course must publish certain information, but only to a limited extent, so the new Bill will go further to ensure that we have better information. I can assure her that we are very focused on deprived areas, and indeed there has been a substantial increase in full daycare places in those areas over the past five years.

School Curriculum: PSHE

Debate between Baroness Jones of Whitchurch and Lord Nash

Thursday 19th March 2015 Lords Chamber

[Lord Nash]

As with other areas of the curriculum, PSHE and citizenship are not explicitly covered in the school curriculum inspection framework. However, in reporting, inspectors must consider how the school is meeting the needs of the range of pupils and pupils’ SMSC and cultural development to help to prepare them for life in modern Britain. Inspectors will also look at how effectively schools engage with parents in the development of their SMSC policy.

[Baroness Jones of Whitchurch (Lab)]

My Lords, the Education Select Committee, as the noble Lord will know, recently reported that PSHE requires improvement in 40% of schools, that the situation appears to have got worse over time, and that young people are consistently reporting that the sex and relationship education that they receive is inadequate. Surely the Minister is showing a large degree of complacency about this. Perhaps making PSHE statutory is, indeed, a simple answer.

[Lord Nash]

The noble Baroness feels very strongly about it, but the Labour Party had 13 years to make it statutory and did not do so. We are currently considering the findings of the Education Select Committee report. We have launched a communications campaign to promote the selection of high-quality resources via our social media sites. They include PSHE Association programmes of study, “Sex and Relationships Education for the 21st Century” and various other products.

Schools: Academies

Debate between Baroness Jones of Whitchurch and Lord Nash

Tuesday 3rd March 2015 Lords Chamber

[The Parliamentary Under-Secretary of State for Schools (Lord Nash) (Con)]

My Lords, academies are independent, self-managing organisations. Academies cannot borrow, except in exceptional circumstances, and so can build up reserves in order to accommodate longer-term plans that reflect their success and popularity, such as capital investment to fund maintenance or expanding provision for greater pupil numbers. They also need to hold cash to pay short-term obligations such as salaries.

Comparing net current assets of academies with the closest equivalent measure in local authority maintained schools shows that academies have 51 days’ cash, whereas local authority maintained schools, which can obtain money for capital from their local authorities, have 25 days’—51 days is a prudent buffer.

[Baroness Jones of Whitchurch (Lab)]

I thank the Minister for that reply, but does he accept that most parents would be appalled to know that academies are stockpiling public money, averaging nearly £6,000 per school, rather than spending it on their child’s education? Does he not accept that the fact that academies feel the need to have these reserves is simply a damaging consequence of having thousands of individual academies being managed separately—many would say badly—by the Secretary of State?

[Lord Nash]

As I already said, we regard the cash management of academies to be very prudent. We see no reason why efficiently run schools should not be involved in careful financial planning. It may well be that the Labour Party would like to run the school estate like they ran the economy—borrow, borrow, borrow and nearly go bust. We do not think that that is a sensible approach and we do not think that we should penalise successful schools.

National Curriculum: Animal Welfare

Debate between Baroness Jones of Whitchurch and Lord Nash

Tuesday 24th February 2015 Lords Chamber

[Lord Nash]

I agree entirely with the noble Baroness. Organisations such as Battersea Dogs & Cats Home, Blue Cross, Cats Protection, Dogs Trust and PDSA do excellent work. I am sure she will be interested to know that, under the Government’s successful free school programme, we will have the Milton Keynes special free school opening next year. It will be a 70-place alternative provision primary school for pupils with social, emotional and behavioural difficulties. It will incorporate a forest approach. They will keep chickens and will be taught by an experienced poultry keeper.

[Baroness Jones of Whitchurch (Lab)]

Does the Minister agree that hunting with dogs is a cruel and unnecessary sport? If so, how would he explain to young people in schools that the Tory party is threatening to repeal the hunting ban?

[Lord Nash]

If we offer all our children a really good education, which we are trying to do, they can make their minds up on these issues for themselves.

Schools: Foreign Languages

Debate between Baroness Jones of Whitchurch and Lord Nash

Monday 26th January 2015 Lords Chamber

[Lord Nash]

I am delighted to answer my noble friend’s question. We have increased the bursary available to people with a first class degree in, for instance, languages, to £25,000. We are providing £2 million to fund nine projects across the country that will help primary and secondary teachers teach the new modern language curriculum at key stages 2 and 3. The National College for Teaching and Leadership facilitates an expert group for languages and also has a pilot scheme for subject enhancement in primary schools.

[Baroness Jones of Whitchurch (Lab)]

My Lords, does the Minister accept that it is the quality of foreign language teaching, particularly in primary schools, that remains a key challenge? I note what he has just said, but that teaching has been characterised by some as being “rusty O-level” and only a page or two ahead of the children. We all support the idea of extending foreign language teaching to primary schools, but it should not be at the expense of quality. Given what the Minister said, is he satisfied that enough extra resources are being put in to make that kind of teaching a distant memory?

[Lord Nash]

We believe that they are, but obviously we will keep this matter under review. We do feel that we need to redress the situation in languages. The European Survey on Language Competences in 2012 showed us that our 2011 GCSE students were the worst at languages across all the countries surveyed.

Ofsted: Academy Chains

Debate between Baroness Jones of Whitchurch and Lord Nash

Monday 26th January 2015 Lords Chamber

[Baroness Jones of Whitchurch]

To ask Her Majesty’s Government what plans they have to give Ofsted the powers to inspect the management of academy chains.

[The Parliamentary Under-Secretary of State for Schools (Lord Nash) (Con)]

My Lords, when inspecting an academy in a chain, inspectors can and should consider the effectiveness of the governance arrangements and the school improvement support provided by the chain. Ofsted also carries out inspections of groups of academies within chains. These are an effective means of considering the management of academy chains and ensuring academy chains are held properly to account. The Secretary of State has written to HMCI recently, setting out our views out on this, and the letter is available on our website.

[Baroness Jones of Whitchurch (Lab)]

I thank the Minister for that reply, and I am very pleased that the Secretary of State has belatedly been forced to make some concessions on this matter. However, can the Minister explain why we continue to have one set of rules for the people who run academy chains and another set of rules for local authorities? The latter are assessed on their strategic leadership of their schools, which of course is essential to the schools’ performance and improvement. So why do we not assess academy chain managers on the same basis as local authorities?

[Lord Nash]

There have not been any concessions. It is completely unnecessary for Ofsted to inspect chains’ head offices. Its batched inspection methodology, which it has used in a number of cases, is working extremely well. Ofsted has a great deal to do. As of September this year, it is taking in-house all its subcontracted inspectors, who do the vast majority of its inspections, and it is unnecessary to ask it to do a further task that is not needed.

Small Business, Enterprise and Employment Bill

Debate between Baroness Jones of Whitchurch and Lord Nash

Wednesday 14th January 2015 Grand Committee

[The Parliamentary Under-Secretary of State for Schools (Lord Nash) (Con)]

My Lords, I thank the noble Baroness, Lady Jones, for her amendment in relation to Clause 72 and I am delighted to be able to speak about this measure, which will reduce the bureaucratic burden on schools.

Amendment 35AA would lead to a review of the impact and appropriateness of the changes resulting from Clause 72. The intention, as I read it, is that it would be an additional safety net. While I understand these concerns, I would like to reassure the noble Baroness that some 300 schools are already providing high-quality education for two year-olds. We believe that the evidence is clear that primaries running nurseries employ higher-quality staff and it is clear that that results in better outcomes for pupils. It results in better transition for pupils and enables the primary schools to get to know the parents at a younger stage in the child’s development. High-quality checks and balances are already in place. We therefore believe this amendment is unnecessary.

Like any other provider of early years childcare, schools must adhere to the standards set out in the EYFS framework. This is the case for schools that already accept two year-olds and will continue to be the case once the clause comes into force. The framework clearly sets out requirements and standards for learning and development, safety and well-being of children and the appropriateness of accommodation—all the issues, in fact, that this amendment seeks to cover. We have seen how this is working in practice. We ran a demonstration project with 50 schools that take two year-olds. That showed how schools, just like nurseries, carefully manage their provision for two year-olds alongside other nursery-age children—for example, having separate parental access arrangements, accommodation and play areas. What these schools have shown is that some mixing of two year-olds with three and four year-olds has benefits to both year groups, as long as it is managed appropriately. This provision is not forcing schools to do this. There are no targets for the numbers, but we want to make it bureaucratically easier. Schools are already held to account by Ofsted for delivering age-appropriate, EYFS-compliant provision.

As I said, schools are, in fact, already doing a very good job. Of the 294 schools that were accepting funded two year-olds in January 2014, 81% were rated good or outstanding by Ofsted, as of August 2014. That is the same figure for primary schools overall and compares well with other early years providers, 80% of which were rated good or outstanding.

Clause 72 will not introduce something new. Rather, it will just remove the bureaucratic burden of separate registration for two year-olds while keeping the rigour of Ofsted inspections—holding schools to account against the same standards as they currently are. Since Ofsted’s recent introduction of a separate early years judgment for schools, the ability of a school to provide quality early education will be assessed very clearly against these standards with a discrete judgment and wording. This is why we believe that we already have the systems in place to continue to ensure high-quality provision and the safety and well-being of children, including two year-olds, in schools, without the need for this separate review.

I hope that the noble Baroness has found my explanation reassuring and, on this basis, will withdraw her amendment.

[Baroness Jones of Whitchurch]

My Lords, I thank the Minister for his response. We understand the advantages of removing the bureaucratic burden of having to register separately. We were trying to extend the debate beyond that into some of the other consequences of it. From listening to what the noble Lord has said, he is really implying that, although that bureaucratic burden might well be reduced, they are therefore not expecting a huge expansion of these places, which was my challenge to him. How many extra school places are to be created by this measure? It might reduce the bureaucracy, but it is not going to facilitate a great swathe of extra places. Given that, my challenge to him was that all of the available spaces were being used by the expanded need to fill primary school places.

I understand the need for the initial reduction. We think this situation needs to be kept under control and under review, but I think that will be an ongoing process. At the moment, I am very happy to withdraw the amendment.

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[Baroness Jones of Whitchurch]

My Lords, Amendments 35Y and 35Z place in the Bill the current permitted staff:child ratios for childminders and nurseries. We believe that these amendments are necessary because of this Government’s public statements and attempts in the past to increase the ratios. This would be all too easy, as the current ratios are in regulations that can be changed by the Secretary of State. We are therefore keen to provide the necessary reassurance and guarantees to parents and professionals alike that the current ratios are safeguarded.

When it was proposed to change the ratios there was a massive outcry from across the sector. It was felt that this move would compromise quality and put children’s lives at risk. As a result, the Government backed down, but there is a real concern that, in a drive to increase the supply of early years places, the Government might revisit their original plan. We believe that the current ratios have stood the test of time in balancing the quality of provision with the costs to providers and, therefore, parents. We are all concerned about the rising cost of childcare in this country, which continues to be a barrier to parents returning to work and a major source of family poverty. The Government’s proposals to offer 15 hours of free childcare and our own proposals to expand free childcare for three and four year-olds from 15 to 25 hours per week for working parents are beginning to address the cost of childcare. However, it is crucial that, in the bid to expand childcare provision, quality is maintained and improved.

Professor Nutbrown, who advised the Government on early years provision, has made it clear that she would not support an increase in the ratios. She quite rightly made it clear that good-quality provision is directly related to the qualifications and training of the staff involved, as well as their capacity to relate to the children on an individual basis. This is crucial to the well-being and development of young children. Our proposals would ensure that a single childminder could care for up to six children aged eight, including a maximum of one baby under 12 months and another two children under the age of five. By anyone’s imagination, that would be quite a workload and it would be a challenge to provide appropriate care across the age groups. For nurseries, there would be one member of staff for every three children under two, one member of staff for every four children aged two or three, and one member of staff for every eight children over the age of three. We would also set out in regulations the minimum qualifications for these staff members. Again, these ratios as they stand sound fairly challenging.

These ratios are not just necessary to support the crucial period of early years development, with all the complexities that we were debating in the Chamber last week; they are also necessary to provide safeguarding and protection for vulnerable children. We are all saddened when we hear of unnecessary deaths when children are in the care of others. It can happen in an instant—one child wanders off or puts something in their mouth without being observed. Nursery staff already work under considerable pressure, and we should not be tempted to add to it. We believe that it is necessary to protect the current ratios and that putting them in primary legislation will provide the guarantee that, if any changes are proposed in the future, they will be subject to full parliamentary scrutiny and debate. I beg to move.

[Lord Nash]

My Lords, I thank the noble Baroness for her Amendments 35Y and 35Z relating to staff:child ratios.

The provisions in the Bill are about opening up new business opportunities for childminders by allowing them to work on non-domestic premises for up to half their time. This will be welcomed by both childminders and parents. For example, small rural schools may welcome the additional flexibility of bringing in a childminder to run a small after-school club, providing a new and valuable service for working parents. We are not trying to change the fundamental nature of childminding; we are simply giving childminders more flexibility in how they operate their business.

The Government consider it right that all registered early years childminders should meet the same early years foundation stage framework requirements around child development, welfare and well-being, including ratio and qualification requirements , whether they are working on domestic or non-domestic premises. The safety of children is paramount. The English childcare system has some of the highest adult:child ratio requirements in the world. I can tell the noble Baroness that we have no plans to amend the ratios. We think that the current ratio for childminders of 1:6 is right and this is already set out in the early years foundation stage statutory framework, made under powers in the Childcare Act 2006.

These amendments seek to enshrine those ratios and minimum qualifications in primary legislation. The Government consider secondary legislation to be the right place for this. Other ratios, relating to welfare requirements, are also set in secondary legislation and this allows the flexibility to respond to changing circumstances if necessary.

On the matter of defining qualifications and “suitable experience” for those working with children under two, I assure the noble Baroness that existing regulation-making powers already allow terms such as “full and relevant” and “suitable experience” to be defined. There is no need for further legislation on this matter.

The Government are committed to ensuring that childcare places remain of the highest quality, as these have lasting benefits for children. We believe that continuing to ensure that childminders and other providers of childcare meet standards set out in the early years foundation stage is the best way of doing this. I hope that the noble Baroness has been reassured by my response and will be content to withdraw her amendment.

[Baroness Jones of Whitchurch]

My Lords, I am grateful to the noble Lord for his response. He said that there were no plans to amend the ratios at the moment and I am sure that that is the case. However, we were doing some future planning, thinking about what might happen in the future, and trying to ensure that there were further guarantees going forward.

The Minister talked about the advantage of the provision being in secondary legislation as allowing more flexibility in changing circumstances in future. That is precisely our concern—that in future, if there is a need for changing circumstances of the kind that I addressed in my opening remarks, such as the need to increase places at short notice for three year-olds or four year-olds, this would be exactly the sort of measure that the Government might bring back into play, given that they have considered it in the past. We believe that there is still merit in having this in primary legislation, if only because, if there were any suggestions of change being necessary, it would enable proper parliamentary scrutiny to take place so that it could not be done simply by the Secretary of State. This may be an issue to which we return. For the time being, I beg leave to withdraw the amendment.

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[Baroness Jones of Whitchurch]

My Lords, this amendment follows on from our earlier amendment on the proposed expansion of childcare places in schools. At its heart is a desire to ensure that all premises where childcare is provided are of an appropriate standard. We remain concerned that the proposed changes allow large childcare providers to register an appropriate facility in one place and an inappropriate facility elsewhere. This might come to light only when an Ofsted inspection takes place, but it might also be missed by Ofsted, as it would not have an obligation to visit every site. Our amendment would give the Chief Inspector of Schools a wider duty to set down the quality and range of facilities for early years providers that would be judged appropriate.

While we understand the desire to reduce regulation on business, we also feel that it is crucial that the quality of childcare facilities is not compromised. I am sure that the Minister would agree that children’s safety should be paramount, but there remains a danger that the registration of multiple sites could lead to fewer individual inspections. When this was discussed in the Commons, the Minister, Matthew Hancock, made it clear that Ofsted would use its discretion on which premises to inspect, using a risk-based model. But however you look at this, it seems to be leading to fewer individual inspections. We are concerned that standards, rather than improving, will, in fact, go down. Our amendment to require Ofsted to lay down some minimum standards goes some way to addressing this problem. I hope that the Minister can agree that this is a sensible way forward and leaves in place sensible safeguards.

[Lord Nash]

My Lords, I thank the noble Baronesses, Lady Jones and Lady King, for their amendment in relation to Clause 74, and I am delighted to be able to speak about this measure, which will reduce the bureaucratic and administrative burden on childcare providers.

The amendment would place an additional and specific duty on Her Majesty’s chief inspector to keep the Secretary of State for Education informed about the quality and appropriateness of the facilities and premises used by registered providers of early years childcare. The statutory framework for the early years foundation stage is mandatory for all early years providers, including childminders, and already provides for the safety and suitability of premises, environment and equipment. The EYFS is clear that providers must ensure that their premises, including overall floor space and outdoor spaces, are fit for purpose and suitable for the age of the children cared for, and the activities provided, on the premises. Furthermore, the EYFS is clear that providers must comply with the requirements of health and safety legislation, including fire safety and hygiene. Ofsted already inspects all early years providers against the requirements of the EYFS and will continue to do so.

To ensure the safety of children, childcare providers will still be required to obtain approval from Ofsted before they can operate from new or additional settings. Furthermore, Ofsted will continue to inspect all Ofsted-registered early years settings and carry out sample inspections of later years settings, as it does now. However, on adding additional premises to an existing registration, Ofsted can use a risk-based approach to decide whether they need to visit all premises before an Ofsted-registered provider can operate from them. For example, where an outstanding provider is acquiring existing childcare premises which are already registered as an early years setting, Ofsted may decide it is not necessary to visit those premises again until the next inspection.

More generally, if Ofsted receives a complaint or has concerns about the quality and appropriateness of the facilities and premises of any of the settings which it regulates, it has the power to take immediate action and can inspect, investigate and suspend settings where necessary. Section 118 of the Education and Inspections Act 2006, which sets out the functions of the chief inspector, including functions relating to early years provision, already places a duty on the chief inspector to inform the Secretary of State of matters connected with activities within his remit, including quality and standards.

Furthermore, if requested to do so by the Secretary of State, the chief inspector must provide the Secretary of State with information or advice on such matters relating to activities within the chief inspector’s remit as specified in the request. The chief inspector can also give advice on any matter within his remit, including advice relating to a particular establishment, institution or agency. Section 118 is wider ranging than early years functions and it would not be appropriate, therefore, to include such a specific or prescriptive measure about early years premises and facilities. However, as part of his annual report, the chief inspector can also include information on the quality and appropriateness of the facilities and premises where he considers it appropriate to do so.

For these reasons, I do not believe there is a case for placing an additional or specific duty on the chief inspector. I hope that the noble Lady has found my explanation reassuring and, on this basis, will withdraw the amendment.

[Baroness Jones of Whitchurch]

I thank the Minister for that response. I was with him when he started because I thought he said that what is in our amendment already happens, in which case I would have been very pleased to withdraw it. However, as he went on he began to say that, although this was something that was within the chief inspector’s potential functions, it was not something that was required. I would be grateful if he would clarify what exactly, at the current time, the chief inspector’s responsibilities are. I am not going to argue about whether we have put the amendment in the right place—we may well have put it in the wrong place—but is it part of his current functions to advise on the quality and appropriateness of the facilities and premises used by registered providers? If it is, I will be happy to withdraw the amendment.

[Lord Nash]

I hope that I can clarify the situation. We are talking about adding additional premises to an existing provider. Of course, these might be premises that have already been used for such provision, or it will be pretty obvious—Ofsted can tell from the information it has—that a provider will be suitable because it is of a very high quality and Ofsted does not need to visit them. Obviously, if it is a new provider or premises which have never previously been used for the purpose, I suspect that Ofsted would want to visit them.

[Baroness Jones of Whitchurch]

I can see that this might be something that takes a longer discussion, which we may have outside this Room. I was not arguing with what the Minister said, I was just asking whether the more general duty was already on the shoulders of the chief inspector. I am not sure that he clarified that, but I am very happy to have this discussion elsewhere.

[Lord Nash]

The answer to the question is, yes.

[Baroness Jones of Whitchurch]

In that case, I am very happy to withdraw the amendment.

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[Baroness Jones of Whitchurch]

My Lords, one of the lessons we are taking from the increasing body of evidence on early years intervention is that you have to start early. Traditionally, it has been seen that preschool and nursery care was key, but we now understand much more about the situation. The way a child’s brain develops and its physical and emotional development begins to be shaped from the moment of birth and there is a crucial window between the ages of nought and three where development sets up a child for life.

This is why the previous Government set up the Sure Start programme. The aim was to provide a one-stop shop for families and young children to access support and services. But, of course, the key to getting new young parents through the door is to make contact with them and encourage their participation. That is why we proposed in the Children and Families Bill that greater opportunities to register births at children’s centres would provide an excellent way to make the first introductions.

Our amendment concerns one aspect of data sharing: sharing information about live births. The amendment would require NHS trusts to share with local authorities details of live births to parents resident in their areas. We believe that this is an important requirement to provide greater safeguards for vulnerable babies as well as ensuring that local authorities can plan and provide appropriate family services in their areas. They need accurate information on the number of live births as well as the individual details to ensure that the services are targeted effectively. This would also enable children’s centres to improve their outreach work with new families who have not been in contact with them. Arguably, these are the families who are hardest to reach and most in need of support.

I understand that the national picture on this remains patchy. Some health trusts are willing to share this information while others have concerns about confidentiality. We need to address this reluctance to share this crucial information and our amendment provides the impetus to do this.

Obviously, it would be necessary to provide more detailed advice about the amount of detail to be provided and the legitimate uses to which it can be put, and it would clearly be necessary to ensure that the information did not fall into the wrong hands. However, this is a challenge about data sharing that the Government face in numerous aspects of their work. It has been overcome elsewhere and it can be overcome here. So I hope that the Minister can agree to take our amendment on board, recognising the great advantages for child safety and child development that would flow from it.

Also, when we raised these issues during the Children and Families Bill, it was reported that the department was already considering how best to improve this situation. The Minister subsequently wrote to update us on the work of Jean Gross’s task-and-finish group, which was exploring how to overcome these barriers. However, despite welcoming her report, it is not clear whether anything has really changed. There still appears to be reluctance on the part of health trusts and local authorities to facilitate this exchange of information. I would like to ask the Minister for an update from the department on its follow-up to the Gross report and what evidence it has of anything changing on the ground. Otherwise, I hope that he can support our amendment. I beg to move.

[Lord Nash]

My Lords, I am sympathetic to the aims of these amendments. It is essential that health services and councils collaborate effectively and share information to do that. But we do not think it is necessary to put new requirements in primary legislation. There are no legal impediments to NHS trusts sharing live birth data with local authorities. They are not confidential data. Birth registration data are already publicly available, and local areas should and are using partnership agreements or protocols to make data sharing as effective as possible.

The statuary guidance for Sure Start children’s centres is clear that health services and local authorities should share live birth data with children’s centres regularly. Children’s centres are successfully reaching out to those families most in need, with 90% of eligible families registered. But we are not complacent. We will continue to encourage NHS trusts and local authorities to review and consider their local protocols and practice on sharing information. The Government’s response in November 2013 welcomed the Jean Gross group report on information sharing in the foundation years and our strategic partner, 4Children, is disseminating best practice information. Since we debated similar matters during the passage of the Children and Families Act 2014, we have also commissioned the Royal College of Paediatrics and Child Health to develop training materials to support health professionals and early years practitioners with information sharing. I hope that this explanation reassures the noble Baroness and that, on that basis, she will withdraw her amendment.

--- Later in debate ---

[Baroness Jones of Whitchurch]

My Lords, Amendment 35AD has been tabled in my name and that of my noble friend Lady King of Bow. This amendment requires the Chancellor to assess the benefits of top-up payments to those with parental responsibility for three and four year-olds. It then requires the Chancellor to compare the likely benefit to those same families of Labour’s policy of funding 25 hours per week of free childcare. Figures from the House of Commons Library show that Labour’s policy will benefit an estimated 436,000 three and four year-olds. In hard cash terms, this means a benefit of more than £2,500 per family who qualify, in addition to top-up payments.

The purpose of the amendment, then, is to get the Treasury to carry out a review of the likely benefits to these families. After all, at a time when incomes of hard-working families are being remorselessly squeezed, do the Government not owe it to those families with three and four year-olds to consider which policies will help them most? Labour’s policy is a fully costed spending commitment, which will be paid for by an increase in the bank levy. We will also introduce a primary childcare guarantee to help parents manage the logistical nightmare of before and after-school care. Again, this is in addition to the provisions made by the Bill.

One of the purposes of this amendment is to highlight the varying benefits to parents of different approaches to childcare provision. The Government’s approach, as the Minister will be very well aware, is demand-led. This means that subsidies such as the Government’s tax-free childcare, where cash support goes to parents and then on to the childcare providers, often leads to those providers simply artificially inflating childcare prices. Instead, the alternative approach of our party is modelled on supply-led government funding for childcare. For example, this would include measures such as extending free entitlement, where support goes directly to childcare providers. This approach has been supported by think tanks such as the Institute for Public Policy Research and the Resolution Foundation. Both these organisations presented evidence, based on international examples, that supply-led models are far more effective at supporting hard-pressed parents than demand-led subsidies.

If the Government will not think again immediately on this issue but are genuine about the interests of hard-pressed working families, they will surely back this amendment to conduct a Treasury review and ensure that we can all share in the facts of the situation. I beg to move.

[Lord Nash]

My Lords, I am grateful to the noble Baronesses, Lady Jones and Lady King, for their amendment and for the opportunity to debate the important matter of the Childcare Payments Act. As noble Lords will be aware, this Act introduces the tax-free childcare scheme announced by the Chancellor of the Exchequer in his 2013 Budget. Once it is in place, the Government will meet 20% of eligible working families’ childcare costs up to an annual maximum of £2,000 for each child. That is the equivalent of basic-rate tax relief on childcare costs of up to £10,000 per child.

I am aware of the Labour Party’s policy to increase the 15 hours of childcare to 25 hours. The noble Baroness said that this is fully costed and will be paid for by the bank levy. That is interesting, as that would make it the 12th time that the Labour Party has spent this money and therefore it would be totally unfunded. It has also costed the increase at £800 million. However, we believe that it would cost £1.6 billion, and that is on the basis that this extra increase in demand would not put prices up, which providers tell us it would. Indeed, they say that they would struggle to provide these places. We have increased the number of places by 100,000, which is a remarkable achievement, but we do not think that it would be right to put this pressure on the system at this time. It is a question of balance between parental care and childcare.

The amendment concerns the impact of the Act within the context of the Government’s wider track record. It would require the Chancellor of the Exchequer to review its effectiveness and publish his conclusions. The 2014 Act received Royal Assent on 17 December and we now move to the important phase of implementation. I understand the noble Baroness’s desire to debate this matter here, given that the Act was a money Bill with little opportunity for such debate, and I hope that I will be able to reassure her in relation to the amendment.

Amendment 35AD would require the Chancellor of the Exchequer to publish, within three months of the passing of this Bill, an assessment of the benefits of the scheme under the Childcare Payments Act to parents of three and four year-old children. It would also require those benefits to be assessed in addition to the likely benefits of funding 25 hours of free childcare.

This Government fully understand the importance of high-quality early education for this age group. That is why we funded an increase from 12.5 to 15 hours a week of early education for three and four year-olds. However, it is important to recognise that the cost of childcare is not just an issue for children under five but also an issue for school-age children. For many working families, the high costs of childcare make this one of the largest parts of the household budget. This Government believe that there is a powerful case for improving access to childcare throughout childhood to ensure that parents are supported to work if they choose to do so.

The introduction of the new scheme provided for in the Childcare Payments Act for children up to the age of 12 will build upon the £5 billion per year that the Government already spend on early education and childcare. It will help many more parents to meet these costs, including those such as the self-employed, who cannot access support under the employer-supported childcare scheme which it will in time replace.

The Government have already made a commitment to review the impact of the new scheme two years after its full implementation. This was set out clearly in the impact assessment published last year. The scheme will become available only from the autumn of this year, and it is important to allow time for the measures to properly bed in before conducting a review. Therefore, no purpose would be served in carrying out a review so soon.

I hope that the noble Baroness will be reassured that the intention of her amendment is already being met without the need for further legislation. On that basis, I ask her to withdraw it.

[Baroness Jones of Whitchurch]

I thank the noble Lord for his comments. Interestingly, the Institute for Fiscal Studies says that, of all the parties, our costings are the only ones that have been carefully and cautiously costed. Therefore, I think that we can dismiss the noble Lord’s rather wild, or alternative, calculations. As we know, the Government’s discredited calculations were widely commented on at the time they made them public, so I do not think that there is any credibility in that particular argument.

I welcome the fact that the noble Lord has said that there needs to be a review. We were interested in a review earlier than that two-year cut-off point, as he knows. This issue is crucial and it may well be that two years is too long to let the situation drag on. It is particularly crucial because, as he will again know, a lot of the private nurseries are refusing to take part in the Government’s free childcare offer. It was publicised quite recently by the National Day Nurseries Association that one in seven of England’s 18,000 nurseries are refusing to take part. There is a supply-side problem. On the Government’s figures 41,000 children eligible for the free scheme are yet to find a place.

We are all in favour of increasing childcare and we all have our different models for doing that. We believe that ours is more cost-effective and would be more effective than those proposed by the Government. Anything that invests in childcare is obviously to be welcomed, but, as I say, I believe that our scheme is better costed and would be more helpful to hardworking families in the longer term. I take note of the fact that there will be a review. We would have liked a review earlier, but I am sure that in the mean time there will be lots of public debate about this issue. If there is not an official review we will continue to tease out the issues that arise from the alternative policies. I therefore withdraw the amendment.

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[Baroness Jones of Whitchurch]

My Lords, I rise to speak to Amendment 35AE, tabled in my name and that of my noble friend Lady King of Bow. This amendment requires the Government to go further than review the benefits to families of the fully funded proposals set out by Labour for parents of three and four year-olds. This amendment requires the Chancellor to review the impact of childcare costs in the round.

Neutral observers might be forgiven for thinking the Government do not recognise the current crisis facing working parents with children. The figures, which have been widely quoted, are quite shocking. Since this Government came to power, real wages have stagnated or fallen, yet childcare costs have increased. They have increased by a staggering degree, spiralling by 30% since this Government came to power—five times faster than wages. There has been a childcare crunch. The number of early years childcare places available has fallen by 42,000 across England and vital support for childcare costs have been slashed, with some families losing up to £1,500 per year.

Our analysis of the latest figures from the independent Institute for Fiscal Studies, along with analysis by the House of Commons Library, shows that working families have been hardest hit by this Government’s tax and benefit changes, even taking account of the rise in the personal allowance. For example, a family with both parents in work will be more than £2,000 per year worse off by the time of the next election. Of course, these changes are in addition to the impact of the unprecedented fall in living standards in recent years, where wages have fallen in real terms, leaving working people a further £1,600 a year worse off on average since 2010.

On this side of the Committee, we think it is unacceptable that some of the most vulnerable families face this childcare crunch, hit with reduced support, fewer places and soaring costs. We believe the very least that the Government can do is to agree to this amendment, which simply requires the Treasury to review the impact of childcare costs, including the average cost of childcare for parents in work, taking into account the other changes to the tax and benefits systems. I beg to move.

[Lord Nash]

My Lords, I am grateful to the noble Baronesses, Lady Jones and Lady King, for Amendment 35AE, which is a companion to Amendment 35AD, which we have just considered. I thank the noble Baroness for her economics lesson but I will not take lessons from the Opposition on financial management, given the appalling state they left the public finances in when they left office nearly five years ago.

Amendment 35AE would require the Government to publish a triennial review of the impact of the Childcare Payments Act on the cost of childcare. I share the concern of the noble Baroness about the impact that high childcare costs have on working families, and for that reason the Government are making significant reforms to support the childcare sector to increase the supply of places. These are designed to ensure that any increase in demand for childcare will be matched by increased supply rather than increased costs. The latest figures show that there are around 100,000 more childcare places than in 2009. This is a remarkable achievement by the Government. In addition, we are making start-up grants of up to £2 million available to help people to set up new childcare businesses and to make up to 32,000 good and outstanding childminders automatically eligible for early education funding.

Child Poverty

Debate between Baroness Jones of Whitchurch and Lord Nash

Monday 8th December 2014 Lords Chamber

[Baroness Jones of Whitchurch]

To ask Her Majesty’s Government what assessment they have made of the impact of child poverty on children’s early years educational development.

[The Parliamentary Under-Secretary of State for Schools (Lord Nash) (Con)]

My Lords, evidence strongly shows that good-quality early years provision has benefits for children’s educational development, particularly for disadvantaged children. This Government are improving children’s outcomes through key reforms including additional funding for disadvantaged children through the early years pupil premium, the introduction of 15 hours a week of funded early education for the most disadvantaged two-year olds and providing up to 85% of childcare costs through universal credit.

[Baroness Jones of Whitchurch (Lab)]

I thank the Minister for that reply. As he has acknowledged, there is overwhelming evidence that links poverty with poor educational outcomes. This starts with the poorest children not being school-ready at the age of five and becomes a widening attainment gap as they progress through school. How can the noble Lord justify the latest report from the Children’s Commissioner which shows that since 2010 the Government’s tax and welfare measures have in fact widened—not reduced—the poverty gap, with the poorest 10% of households with children suffering the greatest losses? Is that not inevitably going to damage their education and life chances? It is not a great legacy for this Government, is it?

[Lord Nash]

The most important thing to combat poverty is to improve the economy and I think that nobody could argue that this Government have not done a great job on that. It has resulted in 300,000 fewer children living in relative poverty and nearly 400,000 fewer living in workless households.

Schools: Academies

Debate between Baroness Jones of Whitchurch and Lord Nash

Monday 27th October 2014 Lords Chamber

[Baroness Jones of Whitchurch]

To ask Her Majesty’s Government what steps they are taking to improve the financial regulation of academy schools.

[The Parliamentary Under-Secretary of State for Schools (Lord Nash) (Con)]

My Lords, academies are subject to considerably more rigorous financial regulation than local authority maintained schools. For example, they have to publish annual, independently audited accounts; local authority maintained schools do not. They are subject to the rigorous oversight of the Education Funding Agency and anyone in a governing relationship with an academy, or an organisation closely linked to it, can provide services to a local authority maintained school at a profit; they cannot to an academy. However, we are continually looking at ways to refresh the financial regulation of academies.

[Baroness Jones of Whitchurch (Lab)]

I thank the Minister for his reply, but is he concerned about the increasing number of stories of academy chiefs being paid inflated salaries, heads employing family members and friends to provide school services, lavish expenditure on hotels and travel and, recently, a head paying £26,000 for furniture for her office? This is not their money, it is taxpayers’ money, but it seems that a small minority are using the academy funding system as a cash cow. Does the Minister accept that the Government’s centralised oversight of these schools makes it more difficult to supervise academy school expenditure effectively? Does he now accept that that was a mistake?

[Lord Nash]

The noble Baroness picks out some isolated examples. I point out to her, as I have before, that 36 of the 55 pre-warning notices that this Government have issued to academy sponsors have been to sponsors approved under the previous Government. This Government have considerably tightened up financial oversight and improved things such as control of grants. Of course, these figures are but nothing compared with the £10 billion overspend the National Audit Office tells us that the previous Government were heading for under the Building Schools for the Future programme.

Schools: Class Sizes

Debate between Baroness Jones of Whitchurch and Lord Nash

Wednesday 15th October 2014 Lords Chamber

[Lord Nash]

I suspect, sadly, the children. Certainly in primary schools in the early days I know that teachers have to spend a great deal of time getting pupils as they come into primary schools ready to learn.

[Baroness Jones of Whitchurch (Lab)]

My Lords, does the noble Lord not accept that all the evidence shows that smaller class sizes make a difference for younger children—for infants in particular—and actually that is one of the key markers of going on to have educational achievement. Does the noble Lord not recognise that the Government have now been missing their target for recruiting new teacher trainers for the last three sessions and that we are heading for the perfect storm where we do not have enough teachers and classes are getting bigger? That is inevitably going to damage children’s education.

[Lord Nash]

I am not rushing to take lessons from the party opposite on pupil place planning. The ONS data which came out at the beginning of the last decade made it clear that there was a pupil place crisis looming and it was not until 2008 that the previous Government even managed to produce predictions for the size of the school population. As I say, they actually cut the number of primary school places by 200,000 and slashed the funding by 26%. We are the first Government for a long time actually to increase the amount of money available and we have also invested in new free schools in places where they are needed.

Schools: Local Oversight

Debate between Baroness Jones of Whitchurch and Lord Nash

Monday 28th July 2014 Lords Chamber

[Baroness Jones of Whitchurch]

To ask Her Majesty’s Government what plans they have to increase local oversight of schools.

[The Parliamentary Under-Secretary of State for Schools (Lord Nash) (Con)]

My Lords, arrangements for the management of academies and free schools will be enhanced by the collective expertise and wisdom of eight regional schools commissioners supported by their head teacher boards. Two RSCs are already in situ, and the other six start in September. We have also strengthened the guidance for local authorities on intervening in maintained schools, and inspections are undertaken using a risk-based approach, with more frequent inspections for those schools not performing well.

[Baroness Jones of Whitchurch (Lab)]

I thank the Minister for that reply. Last week, when dealing with the Trojan horse Statement, he conceded that the department has to take its fair share of the blame for the failings that occurred in Birmingham. However, does he realise that, at the heart of the situation, people have lost confidence in the Secretary of State’s ability to manage thousands of schools from the centre? Does he not see that the proposed regional commissioners for academies who he has just mentioned just add a further level of confusion, as they will not apply to all state schools? Surely what is needed here is a strong system of local oversight for all schools, such as our proposed directors of school standards, that would give parents, teachers and governors real confidence that their voices will be heard and that poor standards will be addressed.

[Lord Nash]

I do not recognise the picture that the noble Baroness paints. We believe that this system is efficient; in devising it we were advised by people who have set up national and international organisations. We find that the position of the party opposite is confusing. On the one hand its leader tells us that nobody wishes to revert to the local authority system, while on the other its policy adviser, Mr Blunkett, says that he wants to have between 80 and 150 directors of school standards, all supported by their own bureaucracies, and many of whom will be recycled local authority people. We do not think that that is the way forward. There is no role for RSCs on maintained schools; that is a role for local authorities, and, as I say, we have clarified their role.

Schools: British Values

Debate between Baroness Jones of Whitchurch and Lord Nash

Thursday 12th June 2014 Lords Chamber

[Lord Nash]

I agree entirely with the noble Baroness. All schools have to have an anti-bullying policy. Ofsted inspects on that. We have reduced the guidance on bullying behaviour from nearly 500 pages to a much more focused list.

[Baroness Jones of Whitchurch (Lab)]

My Lords, does the Minister agree that if we are going to have a statement of values, it will be meaningful only if it is properly embedded in the curriculum, rather than just a statement standing alone? How does that square with the Government’s decision to give academies and free schools the freedom to determine their own curriculum? Will the Government now be prescribing what British values should be taught in subjects such as history, English, citizenship—you can see that this could flow through the whole curriculum—and what consultation will there be if those curriculum subjects are going to be changed to reflect these new issues?

[Lord Nash]

I must say that I struggle to keep up with the Labour Party’s flip-flopping on this point. Its last report said that it would allow all schools not to teach the curriculum. The fact is that all schools have to teach a broad and balanced curriculum and have to take account of spiritual, moral, social and cultural issues, and we will make sure that all schools have to teach British values.

Schools: Free Schools

Debate between Baroness Jones of Whitchurch and Lord Nash

Wednesday 14th May 2014 Lords Chamber

[Baroness Jones of Whitchurch]

To ask Her Majesty’s Government what early intervention measures they are putting in place to reduce the educational and financial implications of failing free schools.

[The Parliamentary Under-Secretary of State for Schools (Lord Nash) (Con)]

My Lords, as new institutions, free schools get support from educational advisers prior to opening to develop their education offer and to appoint key staff. They are also subject to rigorous checks on their financial viability. Once open, they are monitored by education and finance advisers. Where performance issues are identified, these advisers work with schools to bring about the necessary improvements. If a school fails to improve, we will take swift and decisive action.

[Baroness Jones of Whitchurch (Lab)]

I thank the Minister for that reply but this weekend we heard accusations that £400 million has been diverted away from the targeted basic need fund to prop up the free schools programme. Meanwhile, West Sussex County Council has already had to find £285,000 to fund alternative places for pupils from the failed Discovery free school. Can the Minister please reassure the House that no further money will have to be diverted towards the Secretary of State’s pet project when there continues to be such severe pressure on school places elsewhere?

[Lord Nash]

I think I can assure the House. As I said on Monday, far from taking money away from the basic need places, the free schools programme is enhancing the number of places available. We inherited a shortfall in places from the previous Government, who surprisingly failed to anticipate this

School Pupils: English Speakers

Debate between Baroness Jones of Whitchurch and Lord Nash

Monday 3rd March 2014 Lords Chamber

[Lord Nash]

I am aware of what the noble Baroness said. These programmes are excellent and we encourage all schools to do the same.

[Baroness Jones of Whitchurch (Lab)]

My Lords, will the Minister join me in celebrating the role that teaching assistants can play in helping these particular children integrate quickly, particularly if the teaching assistants are drawn from the local community and share the child’s first language as well? Will he reassure all those hard-working teaching assistants around the country that the Government do not have any plans to phase them out?

[Lord Nash]

The noble Baroness is quite right that teaching assistants can play a vital role, particularly in this area. As we have discussed, the use of teaching assistants can sometimes not be done well—but, properly used, they are vital. We believe that it is for the head teachers to decide how they employ teaching assistants. It is entirely a matter for them.

Schools: Arts Subjects

Debate between Baroness Jones of Whitchurch and Lord Nash

Wednesday 12th February 2014 Lords Chamber

[Lord Nash]

I am not aware of anything done since that analysis but I shall certainly investigate and, if I find one, I will notify the noble Lord. I will certainly consider whether such an analysis would be appropriate.

[Baroness Jones of Whitchurch (Lab)]

My Lords, is the Minister aware of just how disillusioned the arts community is with the Government’s education reforms? Certainly, in all the meetings that I have with the arts community, it consistently sends out a message about how it feels that arts education in schools is marginalised and devalued. I think that the Secretary of State bears some responsibility for this. Going back to the noble Earl’s original Question, when is the Secretary of State going to champion the arts, speak up for them and recognise the massive contribution that they make to our economy and society?

Children and Families Bill

Debate between Baroness Jones of Whitchurch and Lord Nash

Wednesday 29th January 2014 Lords Chamber

[Baroness Jones of Whitchurch (Lab)]

My Lords, I did not want our relative silence on these Benches to be interpreted as meaning that we were not in full support of the noble Baroness’s amendment. She will know that we have consistently worked with and supported her on these issues. Because of the lateness of the hour, I do not intend reading the speech that I had prepared, but will simply say that we think that having a national anti-bullying strategy combined with the code of practice, in the way that is described in this amendment, is a sensible staged approach to dealing with this very sensitive and growing issue. We accept that head teachers and teachers must have some discretion, as I think the Minister said in Committee, but they also need help and support. This package is the right combination for that and I hope that the noble Lord is able to persuade us that the Government are taking this seriously going forward.

[Lord Nash]

My Lords, I am grateful to all noble Lords for their contributions to this debate and assure them that we take this matter very seriously. I thank in particular my noble friend Lady Brinton for bringing her experience and expertise to bear on these issues. I also thank my noble friend for meeting me recently and for helping me to better understand her very legitimate concerns about the impact bullying can have on the lives of children and young people. I know that she is aware that we share those concerns.

Although I am not persuaded that legislation is the right approach, those discussions have proved extremely useful in identifying gaps in our advice to schools and in helping us to understand how we can do more to address these important issues. As a direct result of the debates in this House and discussions outside it—with both my noble friend and other experts, notably the Anti-Bullying Alliance, which has always provided us with helpful and constructive input in the development of our approaches—we are committed to enhancing our advice to schools. I will say a bit more about precisely what we are doing in a moment.

The Government take a zero-tolerance approach to bullying and our advice to schools on this is clear and firm. I acknowledge that there is a place for legislation. All schools are required to have a behaviour policy which contains measures to tackle bullying, and we think that this approach is the right one. The noble Baroness, Lady Howarth, talked about these policies being on shelves but I do not think that, in the modern world, with the kind of pupils and inner-city issues that we have, any school can afford to have any of these policies on shelves. They are right at the forefront of practice and I know that bullying is something that all good schools take very seriously indeed. However, the national strategy that the amendment proposes could focus schools’ attention on complying with it as a tick-box exercise at the expense of allowing teachers to exercise their professional judgment, creativity and energy to tackle bullying as it presents itself in their particular school.

We had a question earlier today about Islamophobic bullying. Shortly after 9/11, outside Pimlico Academy in Lupus Street, which my wife and I sponsor, there was a fight between 200 non-Muslim and 200 Muslim pupils who just went at each other. It was basically a riot. There were police on horseback and ambulances. It was quite dreadful. Such issues are not easily sorted out by dusting bits of paper off shelves. I am not saying that having a strategy is not important, but that school has worked hard over a long period and I am pleased to say that racism there is a thing of the past. This is essential to all good schools.

However, it is important that schools are held to account for their effectiveness in tackling behaviour and bullying. That is why we reduced the reporting requirements for school inspections in 2011 to focus on the core business of a school: four core areas, of which one is behaviour and safety, instead of the previous 27. In setting out how inspectors should judge this, Ofsted’s inspection handbook includes explicit reference to considering types, rates and patterns of bullying. The noble Baroness, Lady Howarth, also referred earlier to friendship groups. School inspectors must consider how schools prevent and tackle bullying, and where necessary prompt schools to improve. This approach encourages schools really to focus on behaviour and bullying.

I know that concerns were raised in Committee that inspectors do not always see schools as they really are. Since the first Ofsted inspections in 1992, there has been a steady journey towards unannounced visits. Initially schools received more than a year’s notice of inspectors turning up. Over time, this shifted to eight weeks, and from 2005 to around two days. Under this Government, this has been reduced to almost no notice, with inspectors calling head teachers the afternoon before an inspection takes place. In December, launching his annual report, the chief inspector announced that where there were concerns about pupils’ behaviour, including bullying, schools could be subject to visits with no notice at all. I believe that these measures ensure that inspectors see schools as they really are; we no longer hear stories of pupils being sent to the ice rink for the day or asked to stay at home.

Our approach and strategy provide the right balance between requirements in law, flexibility for schools and strict accountability. My noble friend also proposed that a comprehensive definition of bullying be developed. We agree that there is a need to provide clarity for schools, but this is best done through advice rather than legislation. I know that noble Lords expressed concerns in Committee that the advice that we currently outline to schools does not include a reference to the imbalance of power present in many instances of bullying. I confirm that we are working closely with the anti-bullying organisations, and can reassure my noble friend and other noble Lords that we will incorporate an appropriate reference to the imbalance of power in our advice to schools.

In the light of previous debates in this House and subsequent discussions, we have identified how our advice could be further enhanced to address the concerns raised. We are creating an online fact sheet to inform schools about how they can support bullied children. This will include all the relevant information about and links to what steps can be taken to support children who are severely affected by bullying. It will incorporate information about in-school provision, SEN support and alternative provision for children severely affected by bullying. I hope that practical steps such as this will be welcomed.

I hope that noble Lords will recognise that the Government have done a great deal to address the issues around bullying, but we can go further—by acknowledging more explicitly, for example, that severe bullying can have a clear impact on a child or young person’s mental health. Therefore, I am happy to confirm to my noble friend that we will make it clearer in Special Education Needs: Code of Practice, which is a critical document for schools and other bodies, that bullying is one thing that might lead to a child or young person having special educational needs and that, where it does so, schools must take appropriate action. This can involve support from external agencies, if needed, whether or not a child has an education, health and care plan. In addition, we will make appropriate cross-references between the bullying guidance and the SEN code of practice to ensure that schools are clear about this point.

Children and Families Bill

Debate between Baroness Jones of Whitchurch and Lord Nash

Tuesday 28th January 2014 Lords Chamber

[Lord Nash]

My Lords, this has been an extremely thoughtful and well informed debate. I thank the noble Baronesses and the right reverend Prelate who tabled these amendments, as well as other noble Lords who have contributed and brought their valuable insights to bear on these important and very sensitive matters. I also thank all noble Lords who attended the round table on PSHE last week. We had an extremely helpful discussion, and I think that those who came to that meeting know how seriously we take these matters.

I will deal with each amendment in turn, beginning with Amendment 53 on sex and relationships. Before I explain my approach to this point, I must stress that like many noble Lords with an interest in this topic, including my noble friend Lady Walmsley, I see SRE as integral to the whole debate on PSHE, and I shall say quite a lot more about PSHE when we come to the amendment in the next group. SRE is part of PSHE, and both are part of an overall approach that schools take in helping children to build the resilience and the understanding that they need as they prepare for adult life, tailored to children’s needs and development.

Before I turn to the SRE amendments, noble Lords may find it helpful for me to reiterate the progress that we have made on PSHE, as SRE is so integral to this. I am grateful to my noble friend Lady Walmsley for her kind words in relation to this progress, and I hope that it shows a positive and dynamic approach as opposed to a complacent attitude, to which the noble Baroness, Lady Jones, referred. I hope that she knows better by now—that I am never complacent when it comes to the children and young people of this country.

As I explained in my letter to Peers last week, we are establishing a PSHE expert group to support better teaching. This is the same approach that we are taking to subjects in the national curriculum and I will say more about this shortly. I am also pleased to announce that we will be funding the PSHE Association for a further financial year and it has agreed to produce a set of case studies to illustrate excellent PSHE teaching.

Turning now to specific points on SRE, I emphasised in Grand Committee that for children and young people to develop a good understanding of sex and relationships high-quality teaching is paramount, which is an issue that has been highlighted in this debate today. In order to teach well, teachers must have ready access to reliable and well informed sources of advice and materials. This includes recognition of the effects of digital technology, such as the potential for exposure online to inappropriate materials, to which a number of noble Lords have referred.

The noble Baroness, Lady Jones, referred to the pace at which technology now moves. It is moving so quickly that it is not practical for government to keep abreast by constantly revising statutory guidance to reflect the current state of the art and the latest communications breakthroughs. For instance, Snapchat, Tumblr, Whatsapp and Chatroulette are very recent sites or apps, and any guidance that we issued would be quickly overtaken by new trends and technology that will proliferate in the future. Any revisions to guidance would soon be outflanked by the next phase of innovation.

It is right that we are continually considering how to respond to these developments, and give teachers and parents the help, advice, safeguards and assurances that they need. The noble Baroness, Lady Kidron, talked passionately about the dangers of the internet when I first started to look at this matter. I spoke to many people—experts in IT and parents. The frightening thing was that the more that they knew about online and IT the more concerned they were. I am fully aware of the issues, but as my noble friends Lady Walmsley and Lady Tyler have said, the question is about which approach will work best. I believe that specialist organisations are best placed to provide advice, materials and guidance in a dynamic way and regularly update it.

I am therefore delighted to draw noble Lords’ attention to a number of organisations that are doing this, and the action that my department is taking to support and promote that work, and to make sure that it is closely linked to schools.

I welcome the work of the PSHE Association, the Sex Education Forum and Brook on new supplementary guidance that is designed to complement the SRE guidance, and will address changes in technology and legislation since the turn of the century, in particular equipping teachers to help protect children and young people from inappropriate online content, and from online bullying, harassment and exploitation. We have always maintained that specialist professionals are in the best place to provide advice to schools, so I look forward to the publication of this guidance and will make sure that we draw schools’ attention to it by, for example, promoting it through the department’s termly e-mail to schools.

I will also highlight other examples of guidance from specialist organisations that I have made sure will be promoted to schools. Guidance on the best way for teachers to tackle the dangers associated with online pornography has been provided by the Sex Education Forum. The Child Exploitation and Online Protection Agency has published a range of free educational resources—films, lesson plans, presentations, practitioner guidance, games and posters—to help teachers protect young people from the risk of sexual abuse and exploitation. The NSPCC has published guidance for parents, who have an essential role to play, on inappropriate texting. Parents can also phone the NSPCC ChildLine for advice.

We have identified action that we will take in the department to make sure that schools have the support and information that they need. As I have already mentioned we have set up a new expert subject group on PSHE and SRE. The group comprises lead professionals in the field of PSHE and SRE practice, and I am particularly pleased to say that it will be chaired by Joe Hayman, chief executive of the PSHE Association. It will clarify the key areas on which teachers most need further support, and identify the topics that can present the greatest challenge when discussing them with pupils, engaging their interest and enabling their understanding. The expert group will then liaise with relevant specialists and providers to commission or develop and produce new resources where necessary.

The noble Baroness, Lady Howarth, asked if the review would be comprehensive. I have been given the letter—I cannot read it now—but I can assure her that we will make it as comprehensive as we can. As far as the timing is concerned, I do not personally intend to stay in this job after May next year whatever happens, so I can also assure her that I shall be seeking to announce its findings as quickly as possible so that we can take action in relation to them. There is no point in setting this up unless we listen to what these people say and ask them, frankly, to get on with it. My noble friends Lady Tyler and Lady Walmsley were particularly welcoming of this expert group and they are right. We should give it time to make a real difference to practice—and it will, along with other approaches that we are taking.

Noble Lords will be interested to know that my department is currently preparing revised statutory guidance on safeguarding children in education. This will clarify schools’ statutory responsibilities to use opportunities in the school curriculum, for example through PSHE, to teach children about safeguarding and personal safety, ensuring that there is a culture of safety and that children stay safe, including when they are online. The guidance will signpost schools to further sources of advice on specific safeguarding issues, such as advice issued by the Home Office as part of its This is Abuse campaign. This supports teachers working with 13 to 18 year-olds to understand how to avoid becoming victims and perpetrators of abusive relationships.

The noble Baroness, Lady Jones, raised a sensible concern about this guidance being fragmented. We will ensure, when we highlight the additional guidance, that it is linked to the existing statutory guidance, so I am confident that it will be coherent and not fragmented. In addition, the new expert group will have an important role to ensure that the signposting of all guidance on PSHE and SRE is coherent.

Finally, the Government continue to work closely with industry through the UK Council for Child Internet Safety, which brings together representatives from industry, manufacturers, charities, academia, social media, parent groups and government. I am pleased that we will be supporting Safer Internet Day on Tuesday 11 February, promoting more widely the safe and responsible use of online technology and mobile phones, and making the internet safe for children. The House will debate this and other extensive work that the Government are doing in relation to internet safety when we come shortly to debate the amendment tabled by the noble Baroness, Lady Howe.

On Amendment 53ZAAA, which concerns statutory SRE in primary schools, the current requirement applies only to key stages 3 and 4 in secondary schools. The amendment extends the current statutory requirement to teach SRE, which applies to key stages 3 and 4 in maintained secondary schools, by legislating for all compulsory SRE in primary schools and all academies. It would mean compulsory SRE for children as young as six. Many primary schools already choose to teach SRE according to children’s age and development, consulting their parents and using age-appropriate resources. In particular, good primary schools are committed to helping children develop an understanding of positive and appropriate relationships. The new science curriculum will also ensure that pupils are taught about puberty in primary school, which is an issue identified in the Ofsted report.

We believe that this is the best approach, with the right balance between legal requirement and professional judgment, taking account of the evidence about child development and maintaining the support of parents. The amendment would disturb this balance, and remove from teachers and governors any control over their school’s approach to SRE. It would also impose on academies a new requirement, when in fact the vast majority of academies already teach SRE as part of their responsibility to provide a broad and balanced curriculum, and a fully rounded education.

I agree entirely with my noble friend Lady Eaton that this is a very good example of legislation not necessarily being the solution to life’s ills. As my noble friend Lord Storey, who has vast experience of more than 20 years as a primary school head, said, this is a matter of practice and not something that we can solve through legislation.

The other part of this amendment would require schools, when teaching SRE, to include same-sex relationships, sexual violence, domestic violence and sexual consent across all key stages. By virtue of Amendment 53ZAAA, it would mean compulsory teaching of these issues for children as young as six. The statutory guidance already covers these very important topics, and all schools must have regard to the guidance when teaching SRE.

The existing guidance states that pupils should,

“develop positive values and a moral framework that will guide their decisions, judgements and behaviour; be aware of their sexuality and understand human sexuality … understand the consequences of their actions and behave responsibly”,

and,

“have the confidence and self-esteem to value themselves and others”.

It is also important to note that the guidance includes clear references to safeguarding duties and to safeguarding guidance for schools. Supported by expert guidance and resources from specialist organisations, as I have described, the statutory guidance continues to provide a strong framework and platform on which teachers can build, using the kind of specialist contemporary advice and resources to which I have referred.

To conclude, I once more extend my thanks to noble Lords for these amendments and to other noble Lords for contributing to the debate. I hope that they will agree that we have made progress in working with others in government and with specialist organisations—in particular, the PSHE Association, the Sex Education Forum and Brook, which will announce their guidance next month—including by promoting their resources in schools. While I believe noble Lords are seeking the same outcome—the best teaching and age-appropriate support for children—for the reasons I have explained, I do not believe it would be right to introduce statutory SRE at key stages 1 and 2.

I have said on a number of occasions recently in your Lordships’ House that it would be so much better if we could agree common ground in relation to what needs to be done to improve our school system. I have been extremely encouraged by recent statements by the shadow Secretary of State for Education, which indicate that a substantial amount of common ground is emerging. We should celebrate this common ground and the common ground we have in relation to our expectations of schools in relation to PSHE and SRE. Of course, the noble Baroness may wish to take the temperature of the House on these matters, but I think it would be better if we continued to work together outside the confines of the Bill to achieve our common end. That approach has stood us in good stead during the passage of the Bill, and I urge the noble Baroness to withdraw her amendment.

[Baroness Jones of Whitchurch]

My Lords, I thank all noble Lords who have contributed to this debate. I also thank the Minister for his response. I agree that we have had a very thoughtful and well informed debate. First, I reiterate what I said at the outset: we welcome the fact that SRE guidance is now going to be amended. We acknowledge that step forward. We are increasingly coming round to the point of view that that in itself is simply not enough. My noble friend Lord Knight made the point that under the previous Labour Government, relying on voluntary steps got us so far but did not make the transformation that we wanted. That is why we were working round to the idea that PSHE should become compulsory because we had had voluntary advice and guidance for a very long time and not a lot had changed. We all welcome the involvement of the PSHE Association in updating the guidance. Today, it has issued a statement saying that guidance is not enough. It says that it supports both the amendments that have been tabled today.

The noble Baroness, Lady Walmsley, rather reluctantly acknowledged that our amendments are a step in the right direction. I welcome that. It was, of course, open to her side to table an amendment on PSHE if she felt so passionately about it, but nevertheless I hope she will acknowledge that our amendment is a step forward. I agree with my noble friend Lady Kennedy that we should rise above using this as a political football. We have much in common across the Chamber on this and are concerned about what is happening with the exploitation of young people. We need to address that and should not just try to score points on it.

Schools: Independent Schools

Debate between Baroness Jones of Whitchurch and Lord Nash

Thursday 16th January 2014 Lords Chamber

[Lord Nash]

My Lords, I know that my noble friend is passionate about social mobility through education and I look forward to the Independent State Schools Partnerships conference next Monday, at which we are both speaking—a conference designed to promote partnerships between independent and state schools. As he said, the independent sector has a long history of increasing social mobility through bursaryships, scholarships and collaboration. In 2013, it provided more than £300 million worth of assistance, benefiting 40,000 children, and we absolutely applaud this. However, our priority is to invest our resources in making sure that all state schools provide an excellent education for their pupils, which in the end will be the greatest means of achieving much higher levels of social mobility, which I know all noble Lords wish to see. Our reforms are particularly focused on poorer children through, for instance, our pupil premium and Ofsted’s focus on the progress that pupil premium pupils make.

[Baroness Jones of Whitchurch (Lab)]

My Lords, does the Minister agree with Sir Michael Wilshaw that private schools should be doing much more to collaborate with, and support, the state school sector, rather than, as he described it, being guilty of just giving the “crumbs off their tables”?

[Lord Nash]

As the noble Baroness says, I would like to see private schools doing more, but I think the way to encourage them to do more is to engage with them in a collaborative way. That is what we intend to do.

Education: Academy Chains

Debate between Baroness Jones of Whitchurch and Lord Nash

Wednesday 15th January 2014 Lords Chamber

[Baroness Jones of Whitchurch]

To ask Her Majesty’s Government what controls are in place on the disbursement of public funds by academy chains to their directors and trustees or private contractors linked to them.

[The Parliamentary Under-Secretary of State for Schools (Lord Nash) (Con)]

My Lords, the relevant rules that academies must abide by are quite clear and have been considerably tightened under this Government. No individual or organisation with a governing relationship to an academy can make a profit; any goods or services delivered by these parties to these academies must be delivered transparently and at no more than cost; and proportionate and fair procurement processes must always be followed. As charities, academies are required to adhere to accounting standards. These require the full disclosure of related-party transactions, and independent auditors check those disclosures every year. Unlike local authority schools, academies produce and publish annual third-party audited accounts.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I thank the noble Lord for that reply and of course I accept that the accounts of these firms are audited. However, is the Minister concerned by reports of excessive sums of taxpayers’ money being paid to academy chain directors for travel, subsistence, consultancy and legal services? Is he also concerned that many of these businesses are employing members of their immediate family to provide services for the academies, and does he accept that academy chains lack the involvement of parents and the local community, which could provide a degree of independent scrutiny and governance for the academies? What more is his department planning to do to get a grip on the situation, which seems to be one of prioritising the expansion of the academies over the protection of public money?

Children and Families Bill

Debate between Baroness Jones of Whitchurch and Lord Nash

Tuesday 7th January 2014 Lords Chamber

[Baroness Jones of Whitchurch]

My Lords, I support these amendments in the name of the noble Lord, Lord Addington. I echo the comments that have been made about his diligence and determination in pursuing these issues. He has today, in his usual style, made a compelling case for the quality of special educational needs co-ordinators in schools to be ensured though appropriate professional development and training, and for all teachers to undergo an SEN module.

That would ensure that all teachers were aware of the range of SEN characteristics that could be identified and the range of services available to support and assist all young children. It would also avoid the SEN responsibility being given to a member of staff who was not prepared to undergo the training to carry out the functions seriously. In other words, it would protect children from the possibility of it becoming a box-ticking exercise in which the school could claim that the requirement had been met without anyone with the requisite skills actually being available. We feel that this ought anyway to be a feature that Ofsted routinely inspects in schools.

We rehearsed these arguments in Grand Committee, and the case was well made then for the importance of early identification and intervention to support children with special educational needs; that can make all the difference to the child’s subsequent education and life chances. The requirement in the Bill to have a comprehensive range of SEN co-ordinators is of course a good step forward, which we welcome, but these amendments would build in the extra requirement for skills and quality, which we also think are important.

The Bill talks of possible regulations in this area and obviously some of the detail of these requirements could, quite rightly, be included in regulation. However, the principle of qualifications and training for what is a specialist field is too important simply to be left to regulation, so we support this requirement being in the Bill and hope that the Minister will be able to reassure us that this will be the case.

[Lord Nash]

My Lords, I thank my noble friend Lord Addington for tabling these amendments and leading the debate on this important issue of ensuring that schools and other institutions have the right expertise within their workforce to support children and young people with special educational needs. I cannot disagree with my noble friend’s intentions. Ensuring that we have a well trained workforce is essential, and is something that this Government are committed to doing. I hope that I can reassure my noble friend that it is possible to achieve this aim without placing requirements in the Bill.

Schools and other institutions that support children and young people with SEN must build the appropriate skills for their staff, and the draft 0-25 SEN code of practice makes that clear. Chapter 6 of the draft code requires schools to make sure that teachers’ ability to meet SEN is included in the school’s approach to professional development and in their performance management arrangements for all teaching and support staff. The chapter also requires schools to review teachers’ understanding of strategies to identify and support vulnerable pupils, and their knowledge of the special educational needs most frequently encountered. This would particularly cover issues such as dyslexia, which my noble friend has spoken passionately about on a number of occasions.

I mentioned in Committee that the latest newly qualified teacher survey, which at that point had not yet been published but was nevertheless giving off strong signals, reveals that teachers feel that the quality of their training in SEN has improved significantly in recent years. Just 5% of newly qualified teachers surveyed this year rated their training in SEN as poor, while 69% of primary teachers and 74% of secondary teachers rated their training as good or very good in helping them to teach pupils with SEN. That compares to as few as 45% in secondary in 2008. I am sure that noble Lords will agree that this is a significant improvement, and I am sure that we all welcome it.

Furthermore, initial teacher training courses must ensure that they enable trainee teachers to meet the Teachers’ Standards. These standards define the minimum level of practice required of teachers, and no trainee should be recommended for qualified teacher status until they have met those standards. Teachers’ performance is then judged against these standards throughout their career.

The Teachers’ Standards state that teachers must,

“have a clear understanding of the needs of all pupils, including those with special educational needs”.

Teachers must also be able to adapt teaching to the needs of all pupils, and have an understanding of the factors that can inhibit learning and how to overcome them. Of course, noble Lords will know that this Government have a strong drive to have more ITT in schools, and many more teachers are now coming through who have been trained in SCITTs, some of whom are at special schools particularly appropriate for training teachers in SEN.

Ofsted has an important role here as well. It inspects both the quality of initial teacher training and the quality of teaching in our schools. These standards and the ability to adapt teaching to meet special educational needs are central to these inspections.

With regard to further education, chapter 6 of the draft 0-25 code of practice sets out that colleges should ensure their curriculum staff are able to develop their skills and knowledge, and that colleges should have access to specialist skills and support when required to help students with SEN to progress. As autonomous bodies, FE colleges are responsible for ensuring that their staff are properly equipped. To support the development of the FE workforce, we are investing £1 million for the existing workforce to undertake the specialist diploma in teaching disabled learners. We are also providing initial teacher-training bursaries of up to £9,000 to help to attract high-calibre graduates to specialise in teaching students with SEN in FE.

Schools and other institutions have very clear duties to ensure that their staff are equipped to support children and young people with SEN. I do not think that it is necessary to introduce a skills audit in addition to these very clear requirements. The Department for Education is funding a range of specialist organisations covering autism, communications needs and dyslexia to provide information and advice to schools on implementing our reforms. The Dyslexia-SpLD Trust, for example, is providing an online professional development tool for teachers to help to assess their current knowledge of dyslexia and access further training. It will also be providing a toolkit to help teachers to identify and respond to literacy difficulties and dyslexia.

I hope that I have made clear that the Government recognise the importance of good teaching for pupils with SEN and that, through the changes in the code and the requirements of the Teachers’ Standards, there are clear requirements on all schools.

I turn to Amendment 46A. When Clause 63 was debated in Committee, I made clear that the appropriate regulations—the Special Educational Needs (SEN co-ordinators) Regulations—continue to require that the SENCO is a qualified teacher, and that SENCOs new to the role must study for the National Award in SEN Co-ordination. This should ensure that SENCOs have a thorough grounding in the knowledge and skills that are required for the role.

My noble friend Lord Addington’s amendment would go further than that in requiring that these skills are kept up to date and that schools ensure that their SENCO has adequate support and opportunities for training. I entirely agree with that aim but do not believe that the amendment is the best way to achieve it. Schools could fulfil the proposed requirement by providing the bare minimum opportunity for further training, and I fear that it would fall short of my noble friend’s intention.

Instead, I propose revising the section of the SEN code of practice that deals with the SENCO role. We will set out that schools “should ensure that the SENCO has sufficient time, training and resources” to carry out their role. This will place an ongoing expectation on schools to ensure that the SENCO is sufficiently supported and trained. As qualified teachers, SENCOs are also judged against the Teachers’ Standards. The code of practice already makes clear that the quality of teaching for pupils with SEN should be,

“a core part of the school’s performance management arrangements and its approach to professional development for all teaching and support staff”.

I hope my noble friend would agree that, taken together, this should deliver what he is seeking to achieve.

On the point made by the noble Baroness, Lady Howarth, about governance, since I came into office governance has been at the top of my list of priorities. As things stand, it is true that governing bodies should have a governor with specialist responsibility for SEN.

I hope that I have reassured the House and my noble friend that the Government are committed to ensuring that our teaching workforce is well trained in identifying and supporting children and young people with SEN. Continual professional development and training is essential for the whole workforce but it is particularly important for the role of the SENCO and, as I have said, I am committed to ensuring that the code of practice goes further than before to adequately reflect that. On that basis, I urge my noble friend to withdraw his amendment.

--- Later in debate ---

[Baroness Jones of Whitchurch]

My Lords, we are very grateful to the noble Lord, Lord Addington, for raising these concerns about the access of apprenticeship trainees to SEN support. As he pointed out, they already have some entitlements that were laid down in previous legislation, but the rights and provisions are not being supplied consistently. This is leading to otherwise excellent trainees failing particular modules of their training because their learning support needs have not been properly identified. It seems that once again apprenticeships are in danger of being the poor relation in the education hierarchy.

There are two ways that these inconsistencies can be addressed. First, all employers and trainers need to be aware of their responsibilities to make proper provision. This echoes the point the noble Lord is raising here. Secondly, apprentices themselves should have greater awareness of their rights, how to access the help they need and how to appeal if they are unhappy with the provision made.

These amendments go some way to addressing these issues. Amendment 46D deals more specifically with the testing regime. We would expect apprentices with SEN to have their needs identified at an early stage rather than waiting until they have failed a component. However, we would also expect provision to be made for an appeal if the failure is felt to be caused by inadequate support for their special educational needs. I very much endorse the arguments the noble Lord made and hope that the Minister will be able to provide reassurance today that these issues are being addressed so that no young apprentice will suffer because of inadequate support for their learning and skills needs.

[Lord Nash]

My Lords, progress on this issue has been far too slow, and I am very concerned that some individuals have been denied the reasonable adjustments that could have helped them to demonstrate what they know or can do, and subsequently to achieve an apprenticeship.

I thank my noble friend Lord Addington for bringing this very important issue to the attention of the House. He has been an assiduous campaigner for children and young people with dyslexia, and I pay tribute to the way in which he has presented his concerns in this House, particularly during Grand Committee debates. I pay tribute to his passion and persistence. Saying that I managed by my letter to take the wind out of his sails is high praise indeed. I want to take this opportunity to clarify the system allowing reasonable adjustments to qualifications and appeals, and I hope I will be able to reassure him that additional action will happen with an urgency that has been lacking.

As my noble friend knows from our discussions, I share his desire to see reasonable adjustments offered to all young people on an apprenticeship who need them, so that they have a reasonable opportunity to achieve the required qualifications in English and maths. I want to take this opportunity to clarify the clear duty in Part 6 of the Equality Act 2010 on learning providers and awarding organisations to make reasonable adjustments so that disabled people are, wherever possible, not put at a disadvantage compared to other learners. I share my noble friend’s concern that this duty should be applied in every relevant case.

Where a body breaches this duty, individuals may bring a challenge in a county court. The county court can grant any remedy which the High Court could grant in proceedings in tort or in a claim for judicial review. Available sanctions include damages, injunctions and a declaration. In addition, repeated breaches may lead us to challenge the body’s ability to deliver training or to award qualifications. Following the important points that my noble friend Lord Addington made in Grand Committee, I am pleased to be able to place on record that there is nothing in the Apprenticeships, Skills, Children and Learning Act, or in the associated specification for apprenticeship standards in England, that prevents the use of assistive technology for functional skills qualifications.

I am aware that Ofqual has for some time been working with awarding organisations and the British Dyslexia Association to continue to widen opportunities to use assistive technology as a reasonable adjustment. The Access Consultation Forum meets three to four times a year. The next meeting is on 30 January, and this will be on the agenda. Ofqual assures me that it takes the issue of equality very seriously. I understand that the BDA and my noble friend have examples of individuals who have been disadvantaged, and I invite them to provide details of the specific cases to Ofqual, via officials if that would be helpful. Ofqual has committed to investigate the circumstances of all these cases. In addition, we will include new text in the skills funding statement to remind education and training providers of their duty to support young people with learning difficulties or disabilities and of their responsibility for providing reasonable adjustments, including the use of assistive technology where appropriate.

I also agree with my noble friend that we can do more to provide straightforward advice and information on the support available to individuals with learning difficulties or disabilities, so that they understand their rights and can challenge appropriately if they are not properly supported. Noble Lords will be aware that I wrote to the noble Lord, Lord Addington—as he mentioned—on 2 December and committed in that letter to some additional steps to raise awareness of the support on offer.

I know that my noble friend is also concerned that young people should make a good transition out of school and into their next stage of learning. The system that we are replacing has not always served young people well in this respect. The nought to 25 system created by the Bill will ensure a much greater continuity of support between different phases and types of learning. Local authorities will be under a duty to identify all young people aged up to 25 in their area who have, or may have, special educational needs, and to consider whether local provision is sufficient to meet their needs. They may publish a local offer setting out the full range of post-16 education and training provision, including apprenticeships. Young people who need the most support will receive an EHC plan regardless of whether they stay at school, go to FE college or to work-based provision in the private sector, unlike the current disjointed system.

The new nought to 25 code of practice is clear about how schools and colleges should focus much more strongly on helping children and young people prepare for their transition into post-16 education and on to adult life. Chapter 6 states:

“Schools should help pupils to start planning for their future adult life as early as possible, and by Year 9 at the latest”.

This should of course include,

“the range of post-16 options which may be available”.

The draft code also explains the importance of a school sharing information about a pupil’s special educational needs with the college before the young person starts. As a result of my noble friend’s recent appeal, we are working with the Dyslexia Trust to produce clear information explaining the support available to apprentices with learning difficulties or disabilities. This will be made available through the National Apprenticeship Service website and will also include information about assistive technology and reasonable adjustments.

In response to the concerns raised by the noble Lord, Lord Addington, I also asked officials to look into the process of complaints, retakes and appeals to ensure that it is as fair and transparent as possible. Although a process is in place and is consistent with other national qualifications such as GCSEs, I believe that more could be done by centres and training providers to publicise it. My officials checked several apprenticeship provider websites, and, although there were examples of good practice, many do not provide details of their procedures. This contrasts with information on school or university websites, where it is generally very clear how to get advice about support or exam results, and about how to complain. I will ask officials as a priority to find a way to ensure that centres and provider websites publish good information about complaints and appeals on their websites in future. I hope that my noble friend will recognise that, taken together, these measures represent improvements for those undertaking apprenticeships. I hope also that the House will acknowledge the outstanding personal commitment that the noble Lord, Lord Addington, had demonstrated in bringing this about.

I move now to historic appeals for those who failed key skills tests because of failures to make reasonable adjustments. As noble Lords may know, key skills qualifications have been replaced by functional skills qualifications. The last possible date for certification was in 2013. Key skills were phased out very gradually, allowing plenty of opportunities for learners to resit them. Nevertheless, as my noble friend has so eloquently set out, we cannot ignore cases where there is evidence that legal duties have not been adhered to. I have therefore asked officials to work with the British Dyslexia Association and Ofqual to gather evidence and seek a solution to any issues identified, whether current or historic. Officials will be able to advise on specific cases or systemic issues.

I will now make a further specific commitment. Where an apprentice with learning difficulties or disabilities has previously completed all other requirements of a particular apprenticeship, but was not able to pass a key skills qualification, for example because reasonable adjustments were not made, they will be able to sit the alternative functional skills test. They will be entitled to the appropriate support and reasonable adjustments. If this test is passed at the appropriate level, the Government will enable the individual to receive an apprenticeship certificate, even if a year or two has elapsed.

I hope that this will reassure noble Lords that the issue is of great concern to the Government and that we are taking substantial and appropriate action to address it. I am grateful to my noble friend Lord Addington for his work, as I have already said, and I hope that with these assurances he will feel able to withdraw his amendment.

Children and Families Bill

Debate between Baroness Jones of Whitchurch and Lord Nash

Tuesday 17th December 2013 Lords Chamber

[Baroness Jones of Whitchurch (Lab)]

My Lords, I support Amendment 18C and very much echo the arguments put forward by my noble friend Lady Wilkins and other noble Lords in this short debate.

Clause 22 already sets out that it is a requirement on local authorities to identify all children in their area with SEN. The Government obviously intend this data gathering to take place and this work to be done; otherwise they would not have put this in the Bill. It therefore needs to be collected and collated in an organised and effective way. It cannot be argued that it is an extra administrative burden when the basic requirement for the information to be gathered is already in the Bill. Noble Lords have raised genuine concerns about the quality of data in the past and the challenge of improving that quality in the future. I would also like to ask the Minister how the Government, if they think that it is important for the information to be collected, intend to make sure that the quality is delivered so that a proper planning process can take place. Obviously, it is necessary to have this information as a precursor to planning service delivery for all those people with SEN in local authorities.

The amendment is partially about transparency. It is about making sure that the data are not only collected but shared in an appropriate way so that they help both planners and service users to have a more informed input into the local offer and help devise better services in the future. The data might also have the advantage of providing isolated families with the knowledge of how many other families, children and young people in their area share a similar type of SEN or disability, which may help to bring people together.

The amendment is very much in the spirit and intent of the local offer, which is designed to help parents, children and young people shape services for the future. That is part of an ongoing debate that we have been having. The data collection and the quality of that data are crucial to help make this happen. Therefore, I hope that the Minister will see the wisdom in the amendment and will be able to support it.

[Lord Nash]

My Lords, I would like to thank the noble Baroness, Lady Wilkins, for raising this important issue and noble Lords who have spoken on this matter. I accept noble Lords’ concerns on this. I understand that the noble Baroness’s purpose behind tabling the amendment is to put, as the noble Baroness, Lady Howarth, has said, local authorities and schools in a better position to make good commissioning decisions. Good commissioning is clearly an important underpinning to the reforms that we are making and the Bill already provides for joint commissioning arrangements across education, health and care for the provision that is reasonably required for local children and young people with SEN. That commissioning will be informed by the local joint strategic needs assessment and the data that are already available on these children and young people.

I accept absolutely that good data need to be available to inform commissioning, but I do not think that the local offer is the right place to publish that data. The purpose of the local offer is to set out what provision children, young people and families can expect in their local areas and it is to be used as a vehicle for discussion about the development of local services. It is not designed to publish information on the numbers of children and young people in the area with different types of SEN. It would not be appropriate to clutter up the local offer with such data. We accept that that information will be material to discussions about the development of provision in the local area, but that information is available elsewhere.

The department already collects data from schools and local authorities on the number of children with special educational needs and publishes this annually on the department’s website. This includes data about the number of children by type of special educational need and we will be expanding this information. At present, we publish data by type of need for children at school action plus and with SEN statements. However, as we move to the new system for school-based SEN support, we will also publish data by type of need for children who are currently at school action.

For disabled children, local authorities are already under a duty to maintain a register of disabled children and young people under Section 17 of, and Schedule 2 to, the Children Act 1989. The draft, new SEN code of practice reminds local authorities of that duty. The department also collects data on children in the early years through the early years census. For post-16, the Education Funding Agency and the Skills Funding Agency also collect data on young people in the further education sector, through the individualised learner record on a range of types of need. Requiring local authorities to publish this data in the local offer would just replicate data that is already available.

So far as bringing together these different data sets into one place is concerned, as I said, I do not believe that the local offer is the appropriate place to do this, and I do not think it is right that central government should impose on local authorities something that they should already be doing. Some local authorities may well be poor at carrying out their duties in this regard, but that is not a legislative issue: it is a matter of practice. We have made it clear in the code that local authorities have this duty.

The noble Lord, Lord Low, talked about incomplete data. It is true that SEN data from the early years census, although available on request, is not routinely published publicly, but we will make sure in future that it will be and will be linked up to the main SEN statistical publication. I assure noble Lords that the department is thinking about what the new arrangements in the Bill imply for data collection and we are seeing where there are possibilities for greater clarity and the joining up of data sets. The post-16 data that are collected by the department, the Education Funding Agency and the Skills Funding Agency are publicly available on a number of websites, and we are looking at ways to bring these together for greater clarity.

Indeed, more generally, we are looking to see how data can be brought together to reflect the new nought to 25 arrangements under the Bill. We will also consider whether there should be a collection of disability data from schools. I would be happy to discuss this further with the noble Baroness and any other noble Lords who are interested. On that basis, I ask the noble Baroness to withdraw her amendment.

Children and Families Bill

Debate between Baroness Jones of Whitchurch and Lord Nash

Monday 9th December 2013 Lords Chamber

[Baroness Jones of Whitchurch (Lab)]

My Lords, I speak in favour of Amendment 2, to which my name has been added, and very much support the arguments that the noble and learned Baroness, Lady Butler-Sloss, has put forward this afternoon.

Noble Lords who were in Committee will recall that we debated this in depth. It is fair to say that there was widespread sympathy for the point of view that the noble and learned Baroness has put forward this afternoon. There was a sense that we wanted to get the balance right—not overstating their importance, but recognising that ethnicity, culture, language and heritage are all factors that make up a child’s identity, which any prospective adopter should be able to respect and value. The challenge for us is how to get it right and achieve that.

The noble and learned Baroness, Lady Butler-Sloss, explained that this issue was dealt with in some detail by the adoption pre-legislative scrutiny committee last year, which took evidence from a number of the major players in the adoption sector, including Coram and Barnardo’s. We continue to believe that that is an authoritative piece of work. While no one wants children to be disadvantaged by delays being caused by the search for the perfect match, the evidence of the adoption committee seemed to show that while there are some pockets of poor practice, it is no longer a widespread issue. For example, Barnardo’s believed that the current legislation was adequate and Coram argued that while this might have been a problem in the past, the situation was improving rapidly. The committee also identified that there were several other factors affecting the placement of BME children, including having fewer prospective adopters and a failure by social workers to promote their availability. The truth is that there remains a paucity of evidence that BME children are waiting longer for placements because of the current wording on ethnicity.

In his response in Committee, the Minister referred to two pieces of research, which I have now had a chance to look at. The first is by Julie Selwyn and commenced in 2005, which is some time ago. Even so, the study did not find systematic bias or mishandling of minority ethnic children by children’s services. The second piece of research, which was by Professor Elaine Farmer, was also carried out some time ago. It commenced in 2007. It was also interesting reading, but it covered a limited sample and, as she acknowledged, it was impossible to draw definitive findings because local authority practice was changing at the very time that the research was taking place. I believe that the latest research carried out by the adoption Select Committee is probably a better reflection of what is currently happening in adoption practice rather than research carried out six or seven years ago.

While there is, no doubt, scope for further definitive research, we should in the mean time be cautious about driving major change in this area. This is why we believe that putting these factors in the welfare checklist along with other considerations strikes the right and proportionate balance in addressing this issue. It would require agencies to have regard to these factors, but they would not be paramount.

The Minister argued that, if references to ethnicity and culture were removed, they would nevertheless remain as a silent, unspoken part of the children’s characteristics and would still need to be taken into account. A similar argument was put forward by the noble Baroness, Lady Hamwee, in her amendment. The Minister also referred to the fact that indicative statutory guidance is being prepared, which we welcome. But putting those two things together, I do not think they are good enough. By removing the references to ethnicity, religion, culture and language from the Bill, the Government plan to send a deliberate message to courts and social workers. Why else would they do it? We believe that that message is disproportionate and misguided and will be interpreted in the wrong way.

As we discussed in Committee, any change in the law in this area would also be in direct contradiction to the UN Convention on the Rights of the Child, and in particular Article 20, which states:

“Children who cannot be looked after by their own family have a right to special care and must be looked after properly by people who respect their ethnic group, religion, culture and language”.

I am very grateful to my noble friend Lady Lister for updating us on the continued concerns of the Joint Committee on Human Rights in this regard. We continue to share those concerns. We think it is important that parents understand the identity of the child and are able to help them feel at ease with that identity. We cannot be blind or neutral to these considerations.

For all these reasons, we urge the Government, even at this stage, to agree to the amendment. We all want what is in the best interests of the child, which in this case is to have their identity respected and nurtured. We believe that our amendment sends the right message to the sector, building on their developing good practice and helping to speed up placements. I therefore urge noble Lords to support the amendment.

[Lord Nash]

My Lords, it seems ironic that, on a day when we have been paying tribute to probably the greatest force for racial reconciliation ever, we are having a debate about a matter relating to race. However, I am encouraged by today’s debate. It is absolutely clear that we are really not very far apart; we are all trying to achieve the same thing—the question is just how. Perhaps I could try and outline, at some length if I may, how I and the Government see the matter, our motivation, and where I believe there is considerable common ground.

The fact is that it takes two years and seven months for a child from entering the care system to be formally adopted, but for a black child it is 13 months longer—nearly four years. It takes one year and seven months for a child to be placed with his or her proposed adopters, but for a black child it takes 13 months, or 70%, longer. Of course, this conceals the fact that many children never get adopted. This is completely unacceptable and upsets me now as much as it did when I first heard about it three and a half years ago. This is not a question of the pendulum having swung too far. The pendulum has swung off the scale.

I have since I started working with children and young people felt very strongly that we need to ensure not just that the life chances of all young children are substantially improved but particularly those of the BME community, and in particular the black community, because it seems to me that we need more successful black people and more successful black role models. It defines our society to have a balance of successful people. I look forward greatly to the day when there are many more Baroness Youngs and Baroness Benjamins. Although I was scribbling some of the time, I think I agreed with everything the noble Baroness, Lady Benjamin, had to say.

There is unequivocal evidence on the negative impact of delay on children’s development and well-being. Children need to form secure and stable attachments, with one or two main carers in order to develop physically, emotionally and intellectually. Therefore, what can we do about the appalling fact that it takes black children, and other children from other minority ethnic groups, so long to be adopted? First, we are taking great steps on a number of fronts to improve the speed at which children are adopted generally. Secondly, we must seek to recruit more adopters and BME adopters and, as my noble friend Lady Hamwee said, we need to open up the system on a more national basis so that there is more scope for making the right matches. However, our research still reveals that in too many cases social workers try for too long to make a perfect match.

I have reflected deeply on this clause since Grand Committee. When children are being matched, consideration of their background and heritage plays a critical part. It is an integral part of a child’s identity and their new parents must be able to support them as they grow up. In Committee, there were moving testimonies from my noble friend Lady Perry, who spoke about Marrianna, the little girl of the Kindertransport, for whom her parents cared, ensuring that they learned about Jewish religious tradition so they could help Marrianna cherish her religious identity.

My noble friend Lady Walmsley spoke about her granddaughter Cathryn, of Chinese heritage, whose parents are learning about her heritage so they can support her. Clearly, with the right awareness and commitment, mixed-race adoptive families can be very happy and successful ones. What is crucial to making effective matching happen is good social work practice and support for adoptive parents so they can support their children, not just at the point of adoption but beyond, as the child grows into a young adult. I do not think that the blunt wording of the Adoption and Children Act—however well-intentioned and wherever it is placed—can secure that.

I am delighted to see the noble Baroness, Lady King, here this afternoon. I had the great pleasure of meeting her now probably eight week-old son the other day, and one could not wish to see a more charming baby. Perhaps the whole House can join me in congratulating her on the birth of Tullio.

Schools: Expenditure Per Pupil

Debate between Baroness Jones of Whitchurch and Lord Nash

Wednesday 4th December 2013 Lords Chamber

[Lord Nash]

I have already mentioned the independent/state school partnerships, which are very active. I also mentioned bursaries. Precise assessment is impossible but we are keen to encourage, in any way we can, the independent sector to support the state sector. Despite the difference in finances there is a lot that both sectors can learn from each other. We should encourage the independent sector to engage with the state sector, rather than seek to berate it in any way.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I presume that the noble Lord will acknowledge that most public schools are, quite rightly, proud of their sporting achievements and their extensive sports facilities. As the noble Lord has committed himself to tackling the challenge of social mobility, how can this Government justify selling off so many sports fields? I think it was 50 state sports facilities at the last count. This obviously puts children in state schools at a disadvantage.

[Lord Nash]

As the noble Baroness said to me recently, I was not around, but I think our record on this is rather better than that of the party opposite. Indeed, we now have a very strong presumption that schools cannot sell off their sports facilities unless they are replacing them with equivalent ones. We are very keen to see all new schools have sports facilities. Where we are building schools in confined spaces, which we often are, we have used artificial turf or maybe sports facilities on the roof. We consistently now use games such as table tennis and basketball, which can be played by many pupils in confined spaces.

Children and Families Bill

Debate between Baroness Jones of Whitchurch and Lord Nash

Monday 11th November 2013 Grand Committee

[Lord Nash]

We have great concerns about the quality of teacher training in this country, which is one of the reasons why, frankly, we do not think qualified teacher status is essential. If teachers were trained for many years, like doctors, vets or lawyers, it might be different, but they are not. In ITT colleges, somewhere between one-half and two-thirds of training is in schools. We are expanding in-school training and have substantially beefed up, for instance, behaviour management training. I will look at this and write to the noble Baroness, as well as talk to Charlie Taylor about what more we can do in this regard.

[Baroness Jones of Whitchurch]

I just want to correct what I believe to be a misunderstanding about what Amendment 232(Rev) says. The noble Lord talked about teaching children at the age of five. I must draw his attention to the proposed new Section 85B(4)(b), which talks about teaching that is,

“appropriate to the ages of the pupils concerned”.

Of course, that needs to absolutely underlined. We are fully aware of the need to teach age-appropriately. What is right for an 11 year-old is clearly not always appropriate for a five year-old.

I know my noble friend Lady Massey will want to address much of what the noble Lord said so I will just say that I am very disappointed by the tone he took. I feel he is swimming against the tide here. There is a growing consensus on the need to update the guidance. It is a fairly simple act. Just referring everyone to a whole lot of different websites and so on is missing the point about the Government’s responsibility here. However, I am sure my noble friend will address that more coherently.

Children and Families Bill

Debate between Baroness Jones of Whitchurch and Lord Nash

Monday 4th November 2013 Grand Committee

[Baroness Jones of Whitchurch]

I am very grateful to the Minister for accepting one of our amendments. That is progress. However, I want to press the Minister on Amendment 131. I think I heard the Minister saying that, yes, of course the needs of families would be considered, but only if it was a social care issue. He referred to another piece of legislation. I have two points about that.

First, I would have thought that it made sense to bring everything into this one piece of legislation, rather than to refer people to other outstanding legislation that might apply, and I thought this was what we were aiming to do. Furthermore, I question whether saying that the needs of the family should be considered only when it is a social care issue is the right way to go about this. I thought that the idea of the Bill was to look at education, health and social care in the round, and I would have thought that the families’ needs and capabilities should be looked at in all three aspects of that, to reflect the way that they are going to impinge on the facilities provided for the child. I query whether this should be limited to social care.

[Lord Nash]

My Lords, I am grateful to the noble Baroness for making this point, and we will go away and think about what she has said.

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[Baroness Howarth of Breckland]

My Lords, I spoke at more length than is usual for me on this when I raised it, under Clause 30, in relation to the arrangements to assist young people and parents managing a personal budget, should they choose one. I therefore wish to support the noble Baronesses, Lady Hughes and Lady Jones, on Amendment 180. It is clear that some families find that personal budgets bring them freedom, and freedom of choice, but only if they have help in understanding how to manage that budget. I agree with the noble Baronesses that this is little researched, yet we have more information from the adult services which could be looked at. Some of the problems for these young people and for the families of these children will be the same as those experienced by adults who have disabilities. There is no reason why we should not be able to gather that information together and extrapolate from it into some of these areas.

I certainly have grave anxieties about this moving forward quickly, and not only on behalf of the parents and young people. If it is not thought through, in terms of funding, there is a grave danger that educational institutions that depend on payments could find themselves unable to plan; if families have personal budgets with which to pay for the educational element, it could cause serious difficulties. I therefore support the amendment, which moves forward on personal budgets to give families freedom—where there is proper research—but takes it steady so that we do not cause even more difficulties than we already have in the adult field.

[Lord Nash]

My Lords, I would like to speak to this group of amendments concerning personal budgets and the recommendations of the Delegated Powers and Regulatory Reform Committee on personal budgets and Clauses 54 and 55, on appeals and claims by children.

I first turn to Amendments 180, 271 and 273 and government Amendment 269, which respond to recommendations from the Delegated Powers and Regulatory Reform Committee.

I hope that the noble Baronesses, Lady Hughes and Lady Jones, will be pleased to note that government Amendment 269 to Clause 107 takes forward the advice of the DPRRC, as sought by Amendments 271 and 273. Amendment 269 will require affirmative resolution by both Houses of Parliament for the first order to be made under Clause 49(3) and for affirmative resolution in both Houses, in relation to Clause 54(2), on pilot schemes for appeals by children.

With Amendment 180, the noble Baronesses, Lady Jones and Lady Hughes, also seek assurance that the pilot scheme for direct payments for special educational provision will be evaluated. I am pleased to be able to reassure noble Lords that we are meeting the commitments, given when the pilot scheme was established, to evaluate the scheme. For example, the Process and Implementation Research Report on the pathfinder programme, published by the department in June, includes a standalone chapter on the testing up to March this year.

However, we recognise that there is more to learn. That is why, as the noble Baroness, Lady Jones, mentioned, we established our accelerated testing group of pathfinders, whose work has been fundamental in developing the draft regulations made under Clause 49 and section 7.13 of the draft code. It is also why we have asked the evaluators of the pathfinder programme to deliver a standalone thematic report on this subject in 2014.

The specification for the report has yet to be finalised, but it will involve in-depth work with a small cohort of pathfinders and include further research on how direct payments for special educational provision have operated. In addition to the thematic research, I should stress that this is not the only source of evidence to support this policy. A quick comparison of the indicative code, published to aid consideration of this Bill in the other place, against the consultation draft, shows how far our knowledge and understanding have developed this year. This knowledge continues to grow. Pathfinders are increasingly offering personal budgets to all new EHC plan-holders with a resultant increase in numbers. We have also recently supported the development and publication of an implementation framework, for personal budgets for children and young people, by In Control and SQW, the pathfinder evaluators that are widely acknowledged to be the experts in this field.

We are therefore confident that we will have the knowledge and understanding to make the regulations ahead of the initial implementation of our reforms in September 2014, while accepting through my Amendment 271 that the House must have the opportunity to debate this issue further before we do so.

I turn to Amendments 176, 177 and 179. I completely agree with my noble friend Lady Sharp that schools, colleges and other institutions need to retain control where provision is delivered on their premises. I hope that Regulation 11 in the draft regulations to be made under Clause 49 reassures my noble friend, as it states:

“A local authority may not make a direct payment in respect of agreed provision which will be used or provided in a school or post-16 institution unless the head teacher, principal or the person occupying an equivalent position at the school or that institution agrees”.

Amendment 179 brings the issue of transparency to our attention. I agree that this is extremely important and is a key point of learning from the pathfinder programme, in relation to personal budgets. I hope that I can reassure my noble friend that we have made comprehensive provision in draft regulations and the draft code of practice.

Regulations to be made under Clause 30 will require that the local offer provides information about how to request an assessment for an EHC plan. The draft code of practice builds on this requirement and explains in section 5.2, on page 34, that this should include information about eligibility for personal budgets.

Draft regulations relating to Clause 49 set out the right of parents to request a review and require the local authority to provide in writing the reason for any decision to decline a request for a direct payment. Again, the draft code builds on this requirement. Section 7.12 states:

“The decision making process to establish and agree a budget should be clear and must be open to challenge, with parents able to request a review of decisions in relation to direct payments”.

With these reassurances, I hope that the noble Baroness will feel able to withdraw her amendment.

[Baroness Jones of Whitchurch]

Can I just ask for a point of clarification? I thought that the Minister was beginning to say that he agreed with our Amendment 180. That would be lovely, but I just want to clarify the timescale on this. As I understand it, the pathfinders are due to finish in June next year. The Minister then said, I think, that a report would be written by September 2014. Is the idea that when the Houses reconvene in October 2014 they will have before them a report that we would then agree through an affirmative process before the personal budget regulations have gone ahead? That is my question; it is quite simple.

Schools: Unqualified Staff

Debate between Baroness Jones of Whitchurch and Lord Nash

Monday 4th November 2013 Lords Chamber

[Lord Nash]

I agree entirely with my noble friend that this is very important and that we have to bring more young teachers into leadership. We trust head teachers to develop teachers in their schools through CPD. Many good schools and good academy chains have a very strong focus on doing this.

[Baroness Jones of Whitchurch (Lab)]

My Lords, the noble Lord may not have been around in 2001 during the passage of the Education Act 2002, and may be surprised to hear that not only his own party but the Liberal Democrats all voted against us when we said that all state schools should have qualified teachers, so I do not think we need any lectures from him on that. I think that most parents were shocked to hear that the Government have removed the requirement for teachers in all state schools to be qualified. Will the noble Lord explain why a Government who started off demanding higher qualifications have now gone completely into reverse gear and want the profession deskilled?

[Lord Nash]

My Lords, we have just been told by the OECD that our school leavers—Labour’s children—are among the most illiterate in the developed world. Indeed, we are the only country in the developed world where our school leavers’ grandparents were better educated than our school leavers were. We have also recently been told by Alan Milburn that we are the most socially immobile country in Europe. That is why we need to bring teachers from whatever field we can into our school system to improve it, rather than to be dictated to by dogma.

Children and Families Bill

Debate between Baroness Jones of Whitchurch and Lord Nash

Wednesday 23rd October 2013 Grand Committee

[Baroness Jones of Whitchurch (Lab)]

My Lords, we have tabled Amendments 69, 70, 90 and 91, and we have added our names to Amendment 223 in this group. We have had a very long debate and I hope that I am not going to repeat too much of what colleagues have said. I start by echoing the points that the noble Lord, Lord Low, made in his contribution. The first batch of our amendments very much dwells on that issue. It is important and it picks up the point that the noble Baroness, Lady Sharp has just made: it goes to our concerns about the heart of Part 3 of the Bill. We believe that, despite the very good intentions in the Bill to be inclusive, it appears that it still intends to exclude those with a recognised disability or chronic illness from a whole swathe of its provisions, and we believe that that is essentially still divisive.

We also feel that it is important that this issue is addressed and resolved now, at the outset, because it is a flaw that runs through the heart of Part 3. It needs to be tackled at this stage, not least because when we talked to the clerks about future amendments, they identified another 40 areas where we would have to table amendments to achieve a similar effect if we are not able to resolve it at the outset in the original definitions. So it is important that we come to a proper understanding and agreement with the Minister at this point about what is intended.

Our amendments, in common with those of a number of noble Lords, have sought to tackle whether the definition of SEN includes disability by amending the definition. Our intention and the way we have gone about it—a number of noble Lords have attempted to do the same thing—is to extend the scope of the Bill to refer to the definitions in the Equality Act 2010, to which the noble Baroness, Lady Howe, and others have referred. Our aim is to provide an overriding, inclusive definition which will apply throughout Part 3. We think that this is important and we feel that the arguments are overwhelming and compelling on this count.

The noble Lord, Lord Low, referred to research that we already have from the universities of Bath and Bristol, which was commissioned by the department and estimated at that time that in the region of 25% of disabled children may not have special educational needs. Indeed, that evidence was quoted by the Minister, Edward Timpson, in the Commons, when he said that,

“it is estimated that 75% of disabled children will also have special educational needs and so will be covered by the reforms”.—[Official Report, Commons, Children and Families Bill Committee, 19/3/13; col. 356.]

By definition, then, 25% are not. He also made it clear that the definition of SEN in the Bill mirrors the current definition, which, as we know, excludes many children. Again, noble Lords have cited statistics in that respect. The Minister himself took a similar line in his letter after Second Reading, in which he said that 75% of disabled children would be classed as having special educational needs. We have heard some examples this afternoon of the problems that this causes.

The noble Baroness, Lady Grey-Thompson, made the point very eloquently and we have heard other examples of children with a physical disability who, because the school was completely accessible, were not categorised as having SEN, or a child with serious health conditions that do not impact on their learning also not being classified as having SEN. We really need to bottom out whether it is the Government’s intention that such children would continue to be excluded from the provision in the Bill. This matters enormously because the truth is that assessment of SEN is the gateway in the Bill to all the other support provisions. As it stands, the joint commissioning provision and the local offer would be available to those defined as having SEN but not to the 25% who are not defined in that way. It would exclude the non-SEN children from health and social care provision to which some of them may already be entitled—we might be going backwards. This cannot be right and it goes against the whole ethos of the Government’s original proposals.

We know from this debate and from the level of correspondence and meetings that we have had that this remains a key ask of the sector; its frustration with the current proposals in understandable and urgently in need of resolution. The principles of the Green Paper were to make a system that would be simpler for parents, children and young people. At that stage, it was understood that education, care and health plans and the local offer would bring together current entitlements for disabled children and young people, regardless of what combination of education, health and social provision they require. That seems to us to a good principle, but we seem to have moved a long way from that excellent aspiration in the Green Paper.

Despite attending various meetings and briefings with the Minister, as well as looking back over the Commons debate, I have yet to hear a coherent argument as to why the Government are now insisting on this narrow definition of SEN, which appears profoundly to limit access to services. More recently we have heard that they do not feel that there is enough evidence that some groups of young people would be excluded from that provision but their own research seems to disprove that. Again, today we have heard examples of people which help to prove the point being raised.

Another argument seems to be that the code of practice will address some of those issues. Having looked at the draft code, it does not seem to shed sufficient further light on those key concerns. Anyway, reference to the code of practice is not good enough. We want this Bill to bring together all the different types of support that children need, which was promised in the Green Paper. That is key to ensuring that the needs of those children and young people are taken into account in joint strategic planning and commissioning, and that their educational progress is tracked.

I hope that the Minister will recognise the strength of feeling on this issue and put the sector’s mind at rest by agreeing to take this issue away to find a more acceptable, fully inclusive definition of SEN. If the Government intend the Bill to cover all children with a recognised disability or chronic illness, will he agree to work with us on a wording that would definitely and genuinely achieve that?

I now turn to the amendments tabled by the Government which address children with longer-term medical conditions. Again, we have added our name to Amendment 223 which addresses this issue. Obviously, we very much welcome the progress that has been made. It seems that the amendment remains quite general in its current form. I know that several other noble Lords have already posed questions to the Minister but I should like to add some of my own. How will a medical condition be defined and who will be covered by it? What is meant by the requirement for schools to “make arrangements” for support? Is that the same as a duty to secure the support? Where is the role of health authorities in working with schools on this? Why are requirements to consult parents and to provide appropriate staff training not set out more clearly? Perhaps more fundamentally—again, this challenge has been raised today—when will the draft guidelines be available and will we see them before Report?

We have had a good debate today. I am sorry to have held up the debate further but there are important questions that need to be answered. I very much look forward to hearing the Minister’s response. I hope that on all these issues he will continue dialogue to find forms of wording that will provide the necessary assurance to the sector on these issues.

[Lord Nash (Con)]

My Lords, this is our first debate on Part 3, and it has been excellent and extensive. I should particularly like to thank the noble Baroness, Lady Howarth, for her opening remarks. I thank all noble Lords who have contributed and shared their great experience and expertise. I am also grateful to those who have taken time over the summer to help me, as the new boy, to understand the issues and the history in this area, particularly the noble Lords, Lord Low, Lord Rix and Lord Ramsbotham, the noble Baroness, Lady Warnock, and my noble friends Lady Cumberlege, Lady Eaton and Lord Storey.

Before moving my Amendments 241A and 274 and respond to specific points in the debate, I hope that the Committee will find it helpful if I set out the context of our reform programme. Part 3 will deliver the biggest change to the system since the reforms that flowed from the report of the noble Baroness, Lady Warnock, in 1978. Her work transformed the lives of many children and young people, allowing them to enjoy the benefits that a high quality education can bring. We have seen other changes in law and society that have shaped this country’s view of disabled children, including such important legislation as the Disability Discrimination Act 1995 and the Equality Act 2010 and, of course, the great success of the Paralympics last year.

The changes we have seen for this group of children in our lifetimes and the challenges ahead were brought home strongly to me when I visited Chailey Heritage School with my noble friend Lady Cumberlege at the start of the school year. There I saw an institution that was founded out of charity to provide training in crafts to children born “crippled”, as it was termed then in the East End of London. Now it offers outstanding education, care and support to children and young people with the most profound and complex needs who, with excellent teaching, care and the aid of modern technology, are being supported to learn and to fulfil their great potential. Disabled children and children with special educational needs must all be treated first as individuals. They all have different needs. It is the Government’s concern, as I know it is of everyone in this room, to ensure that our services are supporting each of them and their families in the best way they possibly can.

I pay tribute to the work and legacy of the noble Baroness, Lady Warnock, and to the tireless work of many of your Lordships in championing the rights of children with SEN and disabled children. I also know that I do not need to tell you that, despite all the successes of the past 30 years, the current system is not working as it should. Fundamentally, successful reform will be about a change of culture. As we all know, it is tempting to think that by legislating a word here and a new duty there we can solve complex issues. However, what matters is how professionals work with children and families. Many noble Lords here have direct experience of the struggles that families can face. All of us know people who have had to fight to get the support that their child needs, grappling a faceless and apparently endless bureaucracy in a system that seems set up not to help but to frustrate.

This reform aims to change that. Its simple but ambitious aim is to unite services around the needs of the family, putting children, young people and parents at its heart. Legislation cannot do that alone but the Bill sets the framework to support the right ways of working. The detail is in the code of practice, which I hope noble Lords have now had the opportunity to read. It has been informed by the experience of the pathfinders. They are showing how services can come together and how families can help share the available support. I hope that those noble Lords who were able to hear from some of the pathfinders last week found their experiences both helpful and encouraging. I was struck then, and on my visits to pathfinders in Greenwich and Hertfordshire, how they were working with families to develop support that meets their needs and the impact that that support and the new ways of working were having in a much more co-operative environment.

Turning to the definition of SEN, this group of amendments reflects concerns that some children and young people might miss out on the benefits of the new system. A great many noble Lords have spoken about this and I apologise if I do not mention them all by name. It is not the Government’s intention to prevent any group of disabled children from receiving the support they need. We must ensure that all children who need support to access education because of disability or a special educational need can do so. The definition of SEN is deliberately broad:

“A child or young person has special educational needs if he or she has a learning difficulty or disability which calls for special educational provision to be made for him or her”.

The Bill defines a learning difficulty or disability as,

“a significantly greater difficulty in learning than the majority of others of the same age, or … a disability which prevents or hinders”—

a child or young person—

“from making use of facilities”.

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[Lord Nash]

I thank the noble and learned Baroness for that intervention. Clearly, we all got that impression, but we would like help on precisely what category of children are not covered by the existing legislation. I will take away all the points made today and we will reflect further.

[Baroness Jones of Whitchurch]

Perhaps I may also push the Minister on a point of clarification? I have a quote from the Minister in the Commons, who said that the SEN provision was in line with the current SEN provision which, as we have heard, excludes a whole series of categories of children. Does the Minister endorse the view that the SEN definition has not substantially changed, and that whole swathes of children will fall outside that definition?

[Lord Nash]

The noble Baroness is right that the definition has not substantially changed. Our position is that most disabled children—75%, according to one study—have a special educational need, and the others are covered by other legislation, particularly after the amendment that we tabled today. I would be grateful for guidance on those categories of children that we may have missed and how we could help them further.

Schools: Careers Service

Debate between Baroness Jones of Whitchurch and Lord Nash

Wednesday 23rd October 2013 Lords Chamber

[Baroness Jones of Whitchurch]

To ask Her Majesty’s Government how they address concerns about the schools career service highlighted in the Barnardo’s report Helping the Inbetweeners.

[The Parliamentary Under-Secretary of State for Schools (Lord Nash) (Con)]

My Lords, we want all schools to follow the example of the best and provide inspiring careers advice for young people. The new statutory duty is an important step towards this. However, evidence from Barnardo’s and Ofsted’s review of careers guidance confirms that there is considerably more to do to bring all schools up to the standard of the best. On 10 September, the Government announced further support for schools in this regard. Proposals include publishing revised statutory guidance and improving national careers service resources.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I thank the Minister very much for that reply. Clearly, the best is regular individual face-to-face sessions with all young people from key stage 3 when they enter school. Unfortunately, that is the very thing that Ofsted and Barnardo’s say is lacking in many schools, particularly for the middle-attaining inbetweeners who are still expected to get their career advice from computers. How much longer will the Government stand by and let this poor practice continue when what is needed is a very simple guarantee of face-to-face careers guidance for all young people who would like it?

[Lord Nash]

I think that the noble Baroness’s ambitions and objectives for careers guidance are the same as mine. However, I disagree that the gold standard is a face-to-face interview with a careers adviser. The gold standard is what all good schools do, which is to seek to identify their pupils’ passions, interests, aptitudes, strengths and weaknesses at an early stage and to work with them throughout their time at school to provide a direct line of sight and contact with the workplace. That is what a good education is all about. A few interviews at the end of your time in school is a poor substitute for that.

Children and Families Bill

Debate between Baroness Jones of Whitchurch and Lord Nash

Wednesday 16th October 2013 Grand Committee

[Baroness Jones of Whitchurch (Lab)]

My Lords, Amendment 40 focuses on the impact of the underoccupancy charge on would-be adopters, special guardians and foster parents. We know that there is a widely held concern about the negative impact of the housing underoccupancy charge or, as we call it, the bedroom tax. The plight of those who are unable to move to smaller properties, or who need the extra accommodation for obviously justifiable reasons, is regularly highlighted in the media.

However, I want to concentrate our concerns today on a very specific consequence of the new charge, which is how it impacts on the already chronic shortage of existing and potential foster carers. As noble Lords will know, the bedroom tax restricts housing benefit to one bedroom per person or per couple living as part of a household. Tenants affected will face a 14% cut in housing benefit for the first “excess” bedroom and a 25% cut where two or more bedrooms are underoccupied. The average loss of income is estimated to be around £14 per week. Our concern is that foster children are not counted as part of the household for benefit purposes and therefore that, technically, all foster carers could face cuts in housing benefit.

This matter was raised by our colleagues in the Commons and last-minute changes announced in Committee by the Minister mean that foster carers are allowed one additional room in their homes, as long as they have registered as a foster carer or fostered a child within the past 12 months. This means that around 5,000 foster carers would be exempt from the bedroom tax, and obviously we welcome that concession. However, foster carers with more than one child will still face the bedroom tax. The reforms still apply to foster carers who have two or three bedrooms for fostering children.

Carers in this situation can apply to a discretionary housing fund for support with their housing costs but because of its discretionary nature, this is not guaranteed—and carers will have to reapply for this benefit every six weeks, even if they have fostered a child on a long-term basis. We do not believe that this is satisfactory. It shows a lack of joined-up thinking by the Government, given the current acute shortage of foster carers. We believe that if the rules remain as they are, foster carers will be deterred from providing foster care for more than one child at a time. This means, for example, that children in foster care are more likely to be separated from their siblings. With there already being a shortage of foster carers in the UK, these reforms are likely to mean fewer new recruits coming forward and children’s well-being suffering as a result.

Our amendment is simple and modest. It would require the Secretary of State to review the impact of the bedroom tax on foster carers to see what impact this is having on this group and to report back to Parliament on the conclusions within one year. When this was debated in the Commons, I understand that the Minister agreed to take this proposal away and think about it again.

[The Parliamentary Under-Secretary of State for Schools (Lord Nash) (Con)]

I understand that the purpose of this amendment is to ask us to conduct this review. As I know that noble Lords are anxious to move on to the justice provisions, which my noble friend Lord McNally will be covering, it might assist the Committee to know that the Government are committed to conducting an independent assessment of the impact on these particular groups and will be commissioning this shortly. We agree with the noble Baroness that this is very important, and a report on the outcome will be published within the timescale that her amendment calls for—within a year of Royal Assent of the Bill. We will place a copy of the report in the Libraries of both Houses of Parliament. I hope that noble Lords will find that intervention helpful.

[Baroness Jones of Whitchurch]

I thank the Minister for that clarification. I was coming to that point. The clarification I was seeking was: will there be just one review, the DWP review that the Deputy Prime Minister announced yesterday, or will there be a separate review within the Department for Education? I am grateful for the Minister’s clarification that it will be placed in the Library, but on an important issue such as this we need some assurance that there will be an opportunity for Parliament to debate the conclusions rather than just read them. Perhaps the Minister could clarify those points, which is what I was going to ask him to do anyway. I beg to move.

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[Lord Nash]

My Lords, I should like to reassure noble Lords that the Government are committed to helping people foster, adopt and be special guardians to some of the most vulnerable children. We want to ensure that government policy supports this aim. As has already been pointed out, on 12 March my right honourable friend the Secretary of State for Work and Pensions announced an easement of the treatment of foster carers under the housing benefit policy to remove the spare room subsidy. Foster carers are now allowed one additional room under this policy, as are those who have a child placed with them for adoption. That will ensure that many foster carers will no longer be affected by removal of the spare room subsidy.

Adopted children, those placed for adoption and those being looked after by special guardians are treated as part of the family in the same way as birth children, so these children’s bedrooms are also included in the bedroom assessment for the household. Prospective adopters and prospective special guardians awaiting a child being placed with them are treated differently. This is because these are temporary situations. People in these circumstances will be able to apply to the local authority for short-term assistance from the discretionary housing payment fund. My honourable friends the Minister for Children and Families and the Minister for Welfare Reform have written to local authorities highlighting that these groups should be a priority for discretionary housing payment funding. The measures the Government have taken should ensure that foster carers, prospective adopters and prospective special guardians are not unfairly treated by the removal of the spare room subsidy.

The Government are committed to conducting this review and it will be placed in the Library. It will be a matter for noble Lords as to whether or not they wish to debate it. The Government have commissioned a separate report from Ipsos MORI but, in answer to the noble Baroness’s question, we will be having our own report on this matter.

I shall write to the noble Earl, Lord Listowel, in response to his questions about supported lodging. So far as concerns the comment of the noble Lord, Lord Wigley, we will talk to the Welsh Government regarding our review of foster carers, and I will write to the noble Lord further about this. In those circumstances, I urge the noble Baroness, Lady Jones of Whitchurch, to withdraw her amendment.

[Baroness Jones of Whitchurch]

My Lords, I thank the Minister for the information that he has given about the fact that there will be two different reviews. I could make the point that, of course, within a year a considerable amount of damage could already have been done not only to the incomes of the lowest paid and the poorest people in our society but potentially to the availability of foster and adopter volunteers. Having said that, I am grateful that a review is taking place. I think that we all need to have the evidence, and we need to have some empirical research that shows us the extent to which this is happening.

I thought that the Minister’s response on whether there would be a debate was thoroughly inadequate. On a matter such as this, given that it has already been acknowledged that there is a potentially serious issue here, I should have thought that he could have taken more steps to determine that we could debate the findings. Nevertheless, at this stage, I beg leave to withdraw the amendment, although I shall no doubt come back to it at a future stage.

Children and Families Bill

Debate between Baroness Jones of Whitchurch and Lord Nash

Monday 14th October 2013 Grand Committee

[Baroness Jones of Whitchurch (Lab)]

My Lords, we have had a good debate and I do not intend to talk at any length. However, I wish to make a few quick points.

First, obviously, I welcome and endorse the points made by the noble Baroness, Lady Young. She made an eloquent speech last week about the importance of identity and she has raised the issue in a helpful way today in a different but complementary context. It is no doubt important for children as they are growing up and becoming fully rounded adults to know about their history. It is their history and it is their right to have access to it. We all accept that point.

The second point to make is that we have talked about children and young people leaving care but very often adults can be well into middle age before they really begin to question their identity and want to search for that information. That provides a particular challenge for the people who keep the data because we are talking about keeping it for a very long time. Nevertheless, it is still people’s right to have access to it.

To pick up on a point made last week by the noble Baroness, Lady Hamwee, about people in care who had been bereaved, having lost their parents, one would have hoped that somehow or other we could have lined up all these rights to information and brought them together. We are talking here about the same sorts of issues coming up in a number of different contexts. I would have hoped that somewhere in the midst of all that would be a universal right to that information and that we could address it in that way rather than in a piecemeal way.

Thirdly, I was alarmed to hear noble Lords today talking about data being lost, or indeed being dumped on a doorstep. There is a real issue here concerning the security of the information. It is rather alarming, and I absolutely agree with the noble Baroness, Lady Howarth. What has happened to all those accurate expectations of privacy and security and of records being kept properly? You cannot help but wonder whether there is going to be a scandal at some point with all this stuff coming to light, having been left on a rubbish dump somewhere. I do not think that anybody here has a sense of reassurance that this information is being kept securely in a proper place. Perhaps the noble Lord could address that and say what the requirements are for keeping the information secure.

I should just like to add my support for the amendment. The noble Baroness has raised a very important point, as have the noble Earl, Lord Listowel, and the noble Baroness, Lady Stedman-Scott. In particular, I hope that we will get a chance to debate the whole question of staying in foster care until the age of 21. I know that my noble friend Lady Hughes will respond in more detail on that but I want to pick up one point which the noble Baroness touched on concerning the distinction between foster care and residential care. Clearly, there is a distinction and we have to be careful not just to lump the two issues together. There is a difference for young people leaving residential care, which is, after all, still formally an institutional provision. What those young people really need is a phased transition to independence, rather than just the requirement to stay on until they are 21. They need help over a period of time to find their feet and to find independence. Therefore, while the noble Baroness raised absolutely valid points, I think that we need to separate them out and make slightly separate provision for them. I know that we will debate this in more detail when we come to Amendment 38. Apart from that, we have had a very good debate and I thank noble Lords.

[Lord Nash]

My Lords, so far as concerns accessing information for looked-after children and care leavers, I share the convictions of the noble Baronesses, Lady Young, Lady Massey and Lady Jones, the noble Earl, Lord Listowel, the noble Lord, Lord Northbourne, and my noble friends Lady Hamwee and Lady Benjamin that all young people should be able to access their records. However, we believe that this is a matter of practice rather than legislation. As the Committee will hear, our regulations on this are clear.

Regulations require the local authority to open a case record in respect of each looked-after child. So, for example, a child seeking information referring to them that is held within a foster carer’s records could make a subject access request to see that information. Care leavers are entitled to access their records, regardless of whether they were in foster care or a children’s home.

Our transitions guidance states that local authorities must assure themselves that agencies which contribute to the young person’s pathway plan understand their responsibility to make arrangements for secure storage of documents containing personal information about care leavers. Local authorities have a duty to retain records for 75 years from the birth of a child. Under the Data Protection Act 1998, people who were looked after have a right of access to personal information held by their responsible local authority, fostering service et cetera.

Literacy

Debate between Baroness Jones of Whitchurch and Lord Nash

Thursday 10th October 2013 Lords Chamber

[Lord Nash]

We now have the highest quality of teachers entering the profession that we have had for many years. I am afraid that I have to disagree with my noble friend. We are doing a lot to support the teaching profession; it is the most noble profession, in my view, and the issues are much more complicated and deeper than that.

[Baroness Jones of Whitchurch (Lab)]

The noble Lord quite rightly made the point that high quality teaching is essential to identify the needs of children with special educational needs at an early stage. How does that marry up with the fact that the Government now allow unqualified teachers in schools? Will the Government now reconsider that policy and insist that all teachers, whatever they are doing and at whatever level they teach, should be properly trained and qualified?

[Lord Nash]

The noble Baroness is quite right that we allow unqualified teachers in academies. There are some remarkably good success stories of teachers in academies. We will continue with this programme because we have many examples of people coming into the teaching profession after successful careers in other industries. We need all the talent we can get in our teaching profession.

Children and Families Bill

Debate between Baroness Jones of Whitchurch and Lord Nash

Wednesday 9th October 2013 Grand Committee

[Baroness Jones of Whitchurch]

My Lords, we have Amendments 21 and 24 in this group and I shall address them both. Amendment 21 arises from our continuing concern that children could be rushed into adoption prematurely. It echoes some of the concerns that we raised in the debate on Clause 1 relating to fostering for adoption and, in particular, the concern that a number of noble Lords expressed about what being considered for adoption means.

We are concerned that the government amendment to the Adoption and Children Act register would allow children to be added to the register before a formal decision was made about their future. That goes back to them being only “considered” for adoption. It is our view that if we are not careful this could add unnecessary stress and anxiety to the families and the children. As we said earlier, we are not necessarily dealing here with babies; we could be dealing with children and adolescents who may well know what is happening to them and that these actions are being taken on their behalf. They may be concerned and distressed if this is happening in a way that they consider to be premature. In other words, our amendment would require local authorities to be satisfied that it was the appropriate action to take and that they had the appropriate authority to do so by putting the children on the register. This would ensure that speed was not at the expense of the child’s interests.

I know that we all acknowledge the importance of stable and caring relationships, and we all understand that too many children are waiting too long in temporary care. They also develop significant parenting relationships with their temporary carers, only to be disrupted, sometimes after many months or years, when they are moved on or subject to a number of temporary placements. We understand the need for fast action where that is appropriate.

Where adoption is the proposed plan for the child, there are particular issues centring on the legal severance of the child from their birth family, which of course has major significance. It is a central principle of current law that only the court can authorise the action of a local authority to place a child for adoption without parental consent and that the local authority should not take any action that might anticipate the judgment of that court. This is to ensure that the welfare of the child remains central to decision-making, and part of the welfare considerations has to include the stability and care of that child.

We are concerned that the Government moving children on to the adoption register more quickly will be disruptive and cause stress, and might perhaps raise questions and concerns when the issue comes to court. Therefore, we seek that the Government reconsider this point. We do not doubt that reconciling the need of the child to be placed in a long-term caring environment in a timely way, with the issues raised in the court, can be challenging and complex. However, we are concerned to ensure that this is done in the proper order and in the proper way, and we do not believe that the Government’s proposals achieve that. Our aim is to provide the child with as much certainty and stability as possible amid the emotional upheaval that surrounds the whole process. We say that it is wrong to place children on the adoption register prematurely.

Amendment 24 deals with the Delegated Powers Committee. We briefly touched on this issue in our debate on the previous clause. On this occasion, the Government have not gone quite as far as the Delegated Powers Committee recommended. The committee took the view that it was not,

“appropriate to characterise the provisions made under section 128A as being operational, administrative or procedural”,

which is how the Government have described it. It continued:

“We believe it constitutes an important change to the operation of the Register in that it will allow access to personal and sensitive information which otherwise only adoption agencies have access to.”

The committee was concerned about the issues raised here. We believe that our amendment goes further and follows the proposals of the Delegated Powers Committee rather than what is proposed by the Government. I therefore hope that noble Lords will support Amendments 21 and 24.

[Lord Nash]

My Lords, I will speak first to Amendment 21, tabled by the noble Baronesses, Lady Hughes and Lady Jones. I understand their concerns and must make it clear that these fostering for adoption placements will be fostering placements, not adoptive placements. This clause seeks only to improve the likelihood of local authorities finding a potential fostering for adoption placement for children for whom such a placement has not been found locally. It will remain the case that a child cannot be placed for adoption without parental consent or a court making a placement order.

I reassure noble Lords that the details of children being considered for a fostering for adoption placement will be held in a separate section of the register. This is to ensure that their details can be seen only by the register staff, social workers and approved prospective adopters who have expressed a willingness to care for a child on a fostering for adoption basis. Noble Lords may recall that the 2002 Act provides for the register to assist with placing children for purposes other than adoption, as well as for adoption. The inclusion of children who are being considered for adoption in the register is one way in which this original design can be realised. I hope that the Committee will be reassured by our proposals and I therefore urge the noble Baronesses to withdraw their amendment.

On Amendment 24, which was also tabled by the noble Baronesses, Lady Hughes and Lady Jones, I can understand the desire to ensure that there is a parliamentary debate before the regulations are made enabling approved prospective adopters to search information on the register. The Delegated Powers and Regulatory Reform Committee recommended that regulations made under proposed Section 128A in Clause 6(4) should be subject to the affirmative procedure. The Government have listened to the concerns of noble Lords. We have responded to the recommendation from the committee by introducing government Amendment 22, so that the affirmative procedure is used to make regulations for the first use of the power. The safeguards relating to arrangements for approved prospective adopters to access the register are included in the first set of regulations that we intend to make, which I have published for your Lordships to consider. This means that under the Government’s proposal, noble Lords will have the opportunity to debate them in full.

The Government believe that any subsequent changes to these regulations should be subject to the negative resolution procedure because those changes should be minor in nature and will not represent significant reforms. The reforms that we are introducing are in fact an extension of arrangements already in place elsewhere in the adoption system. Approved prospective adopters are already able to access the details of children through hard copy and online publications such as Be My Parent, published by the British Association for Adoption and Fostering, or Children Who Wait, published by Adoption UK. Professor Elaine Farmer’s investigation into family finding and matching identified that in 30% of cases, delay was associated with unwillingness to seek a family outside a local authority’s own group of approved prospective adopters. We believe that these improvements to the register, which allow approved prospective adopters to be actively engaged in the matching process, will lead to a greater number of matches being made more quickly, particularly for those children who may be harder to place. The register already generates around 10% of all matches nationally.

The DPRRC has today indicated that is not persuaded that restriction to the first set of regulations, where we are content to use the affirmative procedure, is sufficient. This is because the DPRRC considers that substantive changes may be required in the light of the pilots. We will consider this advice and return to the matter on Report. I therefore ask the noble Baronesses not to press their amendment.

Finally, I would like to return to Amendment 21. The Committee will be aware that we gave an undertaking to Parliament that we would introduce access to the register by approved prospective adopters on a piloted basis initially, to ensure that the process worked effectively in practice. This minor amendment will ensure that the regulations to be made piloting approved prospective adopters’ access can apply only to discrete areas. I hope that noble Lords will agree that the amendment is necessary and I urge the Committee to accept it.

Schools: Bullying

Debate between Baroness Jones of Whitchurch and Lord Nash

Thursday 20th June 2013 Lords Chamber

[The Parliamentary Under-Secretary of State for Schools (Lord Nash)]

My Lords, I should like to thank my noble friend Lady Brinton for raising this important issue and for her excellent and moving speech. I should also like to thank noble Lords for their contributions. It has been an insightful and productive debate. I should particularly like to congratulate the right reverend Prelate the Bishop of Truro on his maiden speech. His wide experience, including as chair of the Children’s Society, will bring very valuable insights to our debates in future.

I am grateful for the opportunity to set out again the Government's vision in the context of this important group of children. One of the really nice things about this job is that, although we inevitably disagree from time to time on the precise mechanisms for delivery, I know we agree entirely across this House on the determination to provide an excellent education for all pupils, irrespective of background or personal circumstances. This is vital for the success of our young people and it is vital for the success of our country.

The Government have sent a clear message to schools that bullying for any reason is absolutely unacceptable and should not be tolerated in our schools. We will not hesitate to continue to reinforce that message. Schools should tackle bullying at the earliest opportunity and not allow it to escalate, so that pupils suffer emotional or physical distress. Every school is required to have a behaviour policy which includes measures aimed at preventing all forms of bullying among pupils, both in school and, as the noble Baroness, Lady Jones, said in her excellent speech, beyond school as well. My noble friend Lord Lexden referred to some of the measures we have introduced.

I have personal experience of bullying in a number of ways. It is a particularly nasty and pernicious piece of behaviour which can become all the more relentless with the use of modern technology. I can assure the noble Baronesses, Lady Massey and Lady Howe, that we will exhort schools at every opportunity to have a clear vision that emphasises, among other characteristics, compassion for and consideration of others. They must have a clear PSHE policy, which includes an anti-bullying policy, and emulate what good schools do, as my noble friend Lady Walmsley mentioned.

In our drive to tackle bad behaviour and bullying, we have changed legislation to strengthen teachers’ powers to enforce discipline and promote good behaviour in schools. Our guidance published in 2011 sets out schools’ legal duties and powers in relation to bullying. Teachers can search pupils and delete inappropriate images on electronic devices potentially used for cyberbullying. There are now plenty of examples across the country, including in many sponsored academies, where behaviour has gone in a relatively short period of time from being, frankly, pretty awful to good, thanks to strong leadership, a clear behaviour strategy, and the strengthened powers that we have given to teachers.

We believe that the balance is now about right between a statutory framework that requires schools to address behaviour and bullying and is clear about the powers at their disposal, but which also allows schools freedom as to how they tackle bullying. I will come to Ayden’s law shortly. But along with freedom comes accountability. As a number of Lords have mentioned, Ofsted now clearly holds schools to account on how well they deal with behaviour and bullying. Since January 2012, inspectors must consider pupils’ freedom from bullying, harassment and discrimination. The department has also provided £4 million for four anti-bullying organisations to work in schools.

Section 19 of the Education Act 1996 places a duty on local authorities to provide full-time education for children of compulsory school age who, due to illness, exclusion or any other reason, including bullying, may not otherwise receive suitable education. That is what we define as alternative provision education. The Government have shown the importance they place on providing a good quality education to these pupils by asking Charlie Taylor last year to review alternative provision. He stated that it was,

“a flawed system that fails to provide suitable education and proper accountability for some of the most vulnerable children in the country”.

The Government have agreed to all Charlie Taylor’s recommendations and acted swiftly to improve the quality and range of alternative provision by giving existing providers more autonomy through conversion to AP academies and by encouraging new providers such as AP free schools. We now have 14 AP academies and 32 new AP free schools either open or approved. They are providing a range of alternative provision and include such excellent providers as the Bridge Academy, the Complementary Education Academy and Everton Free School.

We are also enabling schools to have greater responsibility and funding for commissioning alternative provision. We have set clear standards for this provisioning and, since September 2012, Ofsted has shone a bright light on mainstream schools’ commissioning of AP. We have asked Ofsted to conduct detailed thematic surveys of this every three years. As part of the wider school funding reforms, since April this year we have ensured, for the first time, that all maintained alternative provision providers such as PRUs, AP academies and AP free schools receive essential core funding of £8,000 per pupil. Top-up funding will then be paid depending on local frameworks agreed between the provider and the commissioner. Schools and local authorities are best placed to decide the appropriate provision for their pupils and, as such, responsibility for commissioning and funding AP has to be at the local level.

We are also trialling a new approach, the “exclusion trial”, built on excellent work previously pioneered in Cambridge, under which schools maintain responsibility for excluded pupils—who stay on their roll—including for placing them in AP settings. This gives a real incentive to schools to intervene early to address behavioural problems before they become entrenched. It also means that schools will ensure that the AP they commission is of high quality and results in pupils achieving good qualifications. The trial includes 11 local authorities.

For the first time, we are utilising effective practice in AP by involving pupil referral units and AP academies in teacher training. Trainee teachers will now be able to teach and gain qualified teacher status in PRUs and AP academies. Eight PRUs are working with 21 trainee teachers for their initial teacher training with seven initial teacher training providers.

I turn now to the mental health support available for children and young people who are bullied. Good head teachers know the importance of supporting young people who are unhappy, unwell or struggling with their family life. Ofsted evidence shows that schools whose pupils do well academically recognise this. In July last year, the cross-government No Health Without Mental Health implementation framework was published. It describes the role that schools and local authorities should play and recommends that schools and colleges have a whole-school approach to this. In his AP review, Charlie Taylor said that the interface between CAMHS and schools does not work as effectively as it should. We are looking at this in some detail.

I can confirm, as requested by my noble friend Lady Walmsley, that my department’s investment in the pupil premium enables schools to invest in pastoral support, therapists and counselling—as in my own school, which has an extensive inclusion programme of therapists and counselling, run by our SENCO. As my noble friend Lady Walmsley said, these are complicated issues and home circumstances often play a very big part. Pupil premium funding is driven by the number of economically deprived pupils, who are more likely to face mental health issues. We also fund a £3 million two-year grant with the Better Outcomes, New Delivery consortium, or BOND.

Helplines also provide a vital source of support and advice for children who are bullied. We have awarded the NSPCC a grant worth £11 million for investment in ChildLine and the NSPCC helpline. In addition, we have awarded a £1.3 million contract to YoungMinds to deliver a helpline for parents whose children are having mental health difficulties. We have also extended the Coram Children’s Legal Centre funding for a further two years to March 2015 and fund Family Lives and Contact a Family. All provide advice and intensive support for parents in relation to bullying and SEN.

As the noble Baroness, Lady Jolly, mentioned, a key strategy for improving services for children and young people is to improve their access to good mental health services, such as the Department of Health’s Improving Access for Psychological Therapies programme. IAPT is a service transformation project, aimed at embedding the best evidence-based practice. It trains CAMHS and other professionals in evidence-based therapies. The programme is being rolled out gradually but, by the end of 2015, the Department of Health estimates that 60% of under-19s will be in an area served by the programme.

The Government have also invested £54 million in the Children’s and Young People’s Improving Access to Psychological Therapies programme to transform mental health services for children. We hope that the service will particularly help children at risk of suicide. The Government have underlined that commitment with a specific reference to IAPT for children and young people in the NHS mandate.

Clearly, a highly trained and qualified workforce is also crucial to providing good outcomes for children with SEN, including those with mental health problems. The school SENCO has a critical role to play in this. Every school, including academies, must have a qualified SENCO. He or she has day-to-day responsibility for the operation and co-ordination of specific provision to support pupils. This could include children who are experiencing psychological distress and who are affected by bullying.

Since 2009, the department has funded more than 10,000 SENCOs to complete the national award. We continue to invest in their development and will support a further 800 SENCOs this year. The department has also made a significant investment in educational psychology training of around £5 million per year since 2010. A further £16 million will be made available to support existing trainees to fund their courses and to support two more cohorts starting this year and next.

These principles drive the Government’s reforms but can succeed only if we allow schools, medical practitioners, local authorities and other professionals the freedom to exercise their professional roles, working closely with parents to seek the best outcomes for each child.

The noble Baroness, Lady Brinton, gave examples of particular cases of child bullying leading to suicide. These cases are tragic. With regard to Ayden’s law, we believe that the behaviour and disciplinary framework that schools are required to have in place should be sufficient to cover most cases of bullying and we are wary about suggestions to make bullying a criminal offence. It is difficult to define, could put head teachers in an invidious position and would risk classifying young people as criminals.

Many noble Lords mentioned the Red Balloon organisation. I have had the opportunity of discussing Red Balloon’s work with my noble friend Lady Brinton. Its outcomes sound most impressive. I have not yet had the opportunity of meeting Dr Carrie Herbert, the chief executive, but I hope to do so soon. I hope that it will be able to make a successful application in September under the free schools programme to expand its provision. However, to do so, it will need to demonstrate value for money, demand from schools and local authorities, and clearly demonstrable outcomes.

I was asked about adding bullied pupils to the SEN category. SEN tends to be a long-term issue and we hope and intend that the consequences of bullying can be resolved quickly. However, the definition is deliberately broad and it must allow local professionals the freedom to make those judgments. I understand the points raised by my noble friend Lady Brinton about the need to provide rapid support for children and young people who have become deeply troubled as a result of bullying. Local authorities can issue a short-term statement or make an emergency placement. Education, health and care plans are intended for longer-term, more complicated needs and can take up to 26 weeks, although we are reducing that to 20 weeks.

A number of noble Lords referred to cyberbullying, which is a particularly insidious and harmful form of bullying. We are working closely with anti-bullying organisations such as Childnet International, social networking sites and other internet companies. We included wide search powers in the Education Act 2011 to give teachers stronger powers to tackle cyberbullying and CEOP has also developed an excellent resource for teachers.

My noble friend Lord Lexden referred to homophobic bullying. The coalition Government have made it clear that tackling all forms of bullying, including homophobic bullying, is a key priority. Stonewall has found that 98% of young gay pupils hear the word gay used as a form of abuse at school. Such language is offensive and unacceptable. I expect teachers to react to this in the same way as an offensive racial slur. My noble friend also made the point about the national college enhancing training. I will investigate what it does now and what more can be done and I will write to him. I will certainly send a message to free schools and academies about inspection and the importance of eliminating homophobic bullying.

The noble Baroness, Lady Massey, and my noble friend Lady Walmsley talked about school counselling. England does not collect data on the number of schools offering counselling. A recent survey conducted by the British Association for Counselling and Psychotherapy estimated that between 61% and 85% of English secondary schools provide access to counselling. School-based counselling is one of the most widely delivered forms of psychological therapy for young people in the UK. The Department for Education has a two-year grant with Better Outcomes and there are some excellent voluntary and community organisations. My noble friend Lady Walmsley mentioned Place2Be, an organisation I know well and been involved with for a number of years.

The right reverend Prelate the Bishop of Truro made an important point regarding advocacy for young carers and children in poverty. The Department of Health has recently started training school nurses to champion young carers and, as he knows, we are working with the Children’s Society to develop policy. He also mentioned child poverty. This Government’s education reforms are driven very much by the needs of children in poverty. As we all know, the best way out of poverty is a good education.

The noble Baroness, Lady Howe, mentioned early prevention. Schools should excel at this by inculcating a culture of respect rather than a rules-based system so bullying is tackled at an early stage and does not develop. This Government have thought hard about early invention, recognising the importance of boosting our children’s social and emotional capability. We have done this through a range of measures such as Graham Allen’s review, the Early Intervention Foundation and George Hosking’s work with Sally Burlington on the needs of children up to the age of two. They identified the importance of evidence-based programmes and practice, such as the internationally acclaimed Roots of Empathy programme mentioned by my noble friend Lady Walmsley. I am very pleased to hear that the Roots of Empathy classes were launched in 14 primary schools in Lewisham and Croydon and I will be very interested to hear about their progress.

I hope I have been able to reassure noble Lords that bullied children are very much not forgotten by this Government and are very much factored into our education reforms and that every reasonable step has been taken to support them and to end bullying in our schools. I restate the Government’s position and the principle that drives these reforms—all children, regardless of circumstances or setting, must be allowed to thrive and prosper in the education system and receive a good education.

[Baroness Jones of Whitchurch]

May I push the Minister on the issue of whether bullied children can access SEN facilities temporarily? He quite rightly made the point that SEN facilities normally are for longer term ailments, but is there any reason in principle why we could not amend either the existing legislation or the Children and Families Bill to allow for that temporary access? I wonder whether he would look sympathetically at an amendment along those lines when the Bill comes before us later this year.

[Lord Nash]

I am certainly happy to discuss this with the noble Baroness and see what can be done in this regard.

Education: Sex and Relationship Education

Debate between Baroness Jones of Whitchurch and Lord Nash

Tuesday 18th June 2013 Lords Chamber

[The Parliamentary Under-Secretary of State for Schools (Lord Nash)]

My Lords, sex and relationship education is compulsory in maintained secondary schools. As part of that education, we expect that pupils will learn to develop positive values and a moral framework that will guide their decisions, judgments and behaviours in all areas of life. The Government agree that responsible use of the internet is very important. We are introducing e-safety as part of the national curriculum in primary schools and this will be reflected in the new computing programmes of study at both primary and secondary levels.

[Baroness Jones of Whitchurch]

My Lords, I thank the Minister for that reply. I am sure that we all share the growing alarm at the evidence of young people using illegal internet pornography sites to learn about sex and then attempting to replicate it, including using social media, to put pressure on young girls to act out those roles, sometimes with absolutely devastating consequences. Obviously, this needs a cross-departmental approach in, for example, persuading the internet providers to behave more responsibly. However, does the Minister accept that the department needs to give more urgent leadership to schools on this matter? Does he, for example, accept that sensitive and personal issues around internet safety cannot be taught effectively in IT classes and that it needs specifically trained teachers? Does he also accept the need for all young people, from an early age, to learn about peer pressure and how to resist it, as well as how to have a positive body image, and to understand what makes a healthy relationship so that they can avoid exploitation and abuse in the future?

[Lord Nash]

I certainly share the concern of the noble Baroness. Young people should not be using pornography to learn about sex. Pornography does not place sex in the context of relationships. I can assure her that the Government are taking a very firm stance on this issue.

We have been working across the department since 2010 with internet businesses, charities and other experts through the UK Council for Child Internet Safety to find the best ways to minimise children’s access to potentially harmful online content and very good progress is being made. Trained teachers should be able to teach issues of internet safety effectively in computing classes, and there will be resources to support them in this. There are also organisations—such as CEOP, the PSHE Association and Teen Boundaries—that can provide resources and advice. However, I agree that we need to improve the focus on this area through teaching, schools and ITT providers, and I agree with her last point that the statutory guidance on sex and relationship education makes it absolutely clear that schools must focus on these areas.

Schools: Bullying

Debate between Baroness Jones of Whitchurch and Lord Nash

Thursday 16th May 2013 Lords Chamber

[Lord Nash]

We are focusing intensely on alternative provision providers. This Government have sent a very clear message that we expect alternative provision education to be equivalent to that in mainstream schools. There is no doubt that alternative provision in this country is extremely erratic. I am delighted to see that we have a number of alternative provision providers coming through in the new free school applications, and I expect that a number of them will be approved. A number of alternative provision providers are converting to academies. We have some excellent alternative provision providers. We have also asked Ofsted to look specifically at alternative provision through a thematic inspection process.

[Baroness Jones of Whitchurch]

My Lords, does the Minister accept that many severely bullied children are very bright and can flourish educationally if they are given the right specialist intervention? However, such intervention has to happen at an early stage and all too often there is a gap between these children being identified and their being brought back into proper educational provision. The Minister has presented a picture of patchy provision across the country and said that it is erratic. What is the department doing to make sure that we have a complete picture of what is happening nationally and that those who are not providing the necessary educational provision are stepping up to the mark?

[Lord Nash]

I entirely agree with the noble Baroness’s point about the patchy nature of the provision. That is why we are encouraging more new providers to enter the system and set some standards. It is also why we have asked Ofsted to focus particularly on this area. Children who are excluded from school are often very bright and very energetic and we have a duty to make sure that they can be educated in the best way possible.

Schools: Careers Guidance

Debate between Baroness Jones of Whitchurch and Lord Nash

Monday 4th March 2013 Lords Chamber

[Baroness Jones of Whitchurch]

To ask Her Majesty’s Government whether they will provide face-to-face careers guidance for all young people in schools.

[The Parliamentary Under-Secretary of State for Schools (Lord Nash)]

My Lords, statutory guidance has been published to underpin the duty on schools to secure independent and impartial careers guidance introduced in September 2012. The statutory guidance places a clear expectation on schools to secure access to independent face-to-face careers guidance where it is the most suitable support for young people to make successful transitions, particularly those from disadvantaged backgrounds, or those who have special educational needs, learning difficulties or disabilities.

[Baroness Jones of Whitchurch]

I thank the Minister for that reply. Has he been made aware of the serious concerns that we raised during the passage of the Education Act 2011 that the changes to careers provision would lead to a worse service for young people? Is he now aware of the growing evidence that our concerns unfortunately have proved to be justified? That view is echoed by the Commons Education Committee, which reported in January. It said:

“The Government’s decision to transfer responsibility for careers guidance to schools is regrettable. International evidence suggests such a model does not deliver the best provision for young people. The weaknesses of the school-based model have been compounded by the failure to transfer to schools any budget with which to provide the service”.

What do the Government intend to do to address these failings, in particular the overreliance on referring pupils to careers websites, when it has never been more important for children to have guaranteed, personalised, face-to-face careers advice?

[Lord Nash]

I am aware of the concerns to which the noble Baroness refers. However, hardly anyone—from Alan Milburn to Ofsted—had a good word to say about the quality or effectiveness of the careers guidance provided by Connexions. That is why we gave responsibility for securing careers guidance to schools. They know their pupils best and can tailor provision to their individual needs. The £200 million we have saved on Connexions careers guidance has gone to help protect the schools budget, which itself is a pretty remarkable performance bearing in mind the state of the public finances we inherited. We know of schools which have seized the opportunity.

There is no gold standard for careers advice. It is a difficult area. The duty has been in place for less than two terms. To check on progress, we have asked Ofsted to undertake a thematic review, which will be published in the summer. Information on websites can be very helpful, and the Government are considering the Select Committee’s recommendation and will respond shortly.

Schools: Academies

Debate between Baroness Jones of Whitchurch and Lord Nash

Thursday 14th February 2013 Lords Chamber

[Lord Nash]

Like all schools, academies have a clear duty to use their best endeavours to meet the needs of children with SEN, and they can go further with their freedoms. Special academies are at the heart of our programme.

[Baroness Jones of Whitchurch]

My Lords, does the Minister acknowledge the problem, which was recently identified in the Academies Commission report, that many academies are in effect setting their own rules for admissions, which are incredibly complex for parents to navigate and are in effect excluding many children from disadvantaged backgrounds from the academies programme?

[Lord Nash]

I do not acknowledge that. All admission authorities, be they local councils or self-governing schools, including academies, must comply with the new, fair admissions code. Anyone who has concerns, including the noble Baroness, about how state-funded schools are admitting pupils can formally object to the Office of the Schools Adjudicator. The law requires that academies and free schools make the majority of their places available to children from the area.

Education: English Baccalaureate Certificate

Debate between Baroness Jones of Whitchurch and Lord Nash

Thursday 24th January 2013 Lords Chamber

[Baroness Jones of Whitchurch]

To ask Her Majesty’s Government whether they will consider deferring the timetable for the proposed introduction of the English Baccalaureate Certificate in schools in the light of concerns raised by the Confederation of British Industry and other business leaders that the new examination system may not meet the needs of the United Kingdom economy in the 21st century.

[The Parliamentary Under-Secretary of State for Schools (Lord Nash)]

My Lords, the CBI recognises that the exam system is in need of a thorough overhaul. We share its view that the new system must meet the needs of business. We are considering all the evidence gathered through our public consultation, which closed in December, and we anticipate reporting the results of that consultation, including the timetable for introduction, early this year.

[Baroness Jones of Whitchurch]

I thank the Minister for that reply and I welcome him to his new role. Given his extensive business background, does he not share the view of other business leaders that the new exams in 2015 risk causing serious long-term damage to our economy by downgrading skills such as engineering, computing and construction, and neglecting creative learning? Can he also confirm that it is the Government’s intention to issue pupils who do not pass their EBacc certificate with a certificate of attainment which, as anyone with experience in the state sector knows, will have no value at all with employers and universities? Finally, does he accept the overwhelming logic of putting the proposals on hold so that business leaders really can help to develop a respected, work-ready curriculum with exams that will enable young people to be successful in the modern world?

[Lord Nash]

My Lords, the point underlying this Question may be a little confusion about the stimulus to the system we have created through the EBacc and a broad and balanced curriculum. I should like to reassure the noble Baroness that the Government are determined to ensure that all pupils study a broad and balanced curriculum so that they have the cultural capital to be able to compete both in this country and in the modern world. We have had to stimulate some behaviour through the EBacc because all the international evidence we have studied shows that successful international countries include these core academic subjects, and that stimulus has been extremely successful. Over the past two years, the proportion of pupils taking the EBacc has risen from 23% to 49%, and for those schools with a high element of free school meals, it has risen from 10% to 41%. However, we will also be exhorting all schools to teach a broad and balanced curriculum, as they are obliged to do and as Ofsted inspects for.