Relationships, Sex and Health Education: Statutory Guidance

Baroness Twycross Excerpts

Thursday 16th May 2024 Lords Chamber

[Baroness Twycross (Lab)]

My Lords, I thank the Minister for repeating the Statement made this morning by the Secretary of State for Education. There is much in it that is welcome. Teachers and school leaders have long pushed for clearer guidance on RSHE to be published, particularly in relation to gender identity. A child’s education should and must equip them for the world in which they live. It should stand them in good stead for their life in the adult world, including healthy relationships. It is particularly welcome that there will be additional content on suicide prevention and on tackling the malign influence of online misogyny and hate. As former deputy mayor for fire resilience in London, I was also pleased that wider harms including fire and knife crime will be included.

Labour agrees strongly with the principle that parents should have an explicit right to know what their children are being taught. It is also right that what children are taught is age appropriate. But, behind the phrasing and the stated aim of allowing children to be children—the Secretary of State used the phrase “we need to allow our children to be children”—lie some serious concerns that need to be addressed through the consultation process.

First, far from protecting the innocence of children, not talking about sex in schools in an age-appropriate way does not keep children as children but potentially exposes them to harm and emotional distress. It also risks reversing very hard-won progress in preventing teenage pregnancies. The NHS website states:

“Most girls start their periods when they're about 12, but they can start as early as 8, so it’s important to talk to girls from an early age to make sure they’re prepared.”


It goes on to say:

“Boys also need to learn about periods. Talk to them in the same way as girls about the practicalities, mood changes that can come with periods, and the biological reason behind periods. It will keep them informed, as well as help them to understand about periods.


When a girl starts her periods it’s a sign that her body is now able to have a baby. It’s important that she also knows about getting pregnant and contraception.”


Can the Minister outline how, if schools cannot teach sex education until children are 13, a girl who starts menstruating at the age of eight or nine whose parents do not prepare her for this will be able to understand what on earth is happening to her? How will the Government address the fact that both girls and boys need to understand menstruation well before the age of 13? How was the age of 13 arrived at? Did the DfE discuss this with the Department for Health and Social Care or with the NHS? What assessment, if any, have the Government carried out of the likely impact of this proposed change on the number of child pregnancies?

The notion that providing sex education encourages sexual activity, which the Statement appears to suggest, is as outdated as it is dangerous. I confess that I am struggling to understand the logic. We simply cannot return to times when children believed that you could get pregnant simply by kissing another person because they were not taught about sex in a clear way.

Secondly, we know that, regrettably, for too many children childhood is not an age of innocence. We need to be clear that it is the case, or we cannot protect vulnerable children. Schools are among the strongest levers for preventing and identifying child abuse; any guidance has to enable, not prevent, this. The Statement does make it clear that teachers should speak about unwanted touching at an earlier age. However, how will the DfE ensure that teachers are not so scared of talking to children directly or responding directly to questions that the opportunity to protect children is missed? With half of children seeing pornography by the age of 13, if schools are teaching about online safety—including, presumably, online pornography—at an earlier age than they can teach about sex, how on earth will teachers navigate this? Does the Minister agree with the Telegraph that it is

“Precisely because children are doing so much of their growing up online, they need sex education classes more than ever”?


Labour believes that what defines a family is not the shape it has but the love it gives. I am therefore also concerned that potentially drawing down the shutter on discussing different types of relationships and the lived experiences of those who are transgender means that some children may grow up with a narrow, potentially prejudiced, view, and that this may harm children who, or whose family, do not conform with this. How do the Government intend that schools deal with questions around transitioning and the process people can go through to change their gender?

My final point concerns the apparent exclusion of school leaders in the drafting of the guidance so far. I hope the Minister can assure us today that the voices and views of school leaders and teachers, who appear not to have been consulted in developing the guidance published today, will be heard and reflected in the final document. I look forward to the Minister’s response.

[Earl Russell (LD)]

My Lords, I thank the Minister for repeating the Statement in your Lordships’ House. If it is not broken, do not fix it: we on these Benches do not welcome most of these changes, which are politicised solutions that are mainly looking for a problem. Indeed, we fear that the net result will be to put our children and young people at greater risk.

The Government are choosing to water down the safeguarding of our children on the altar of yet another pointless culture war in the run-up to the general election—legislation for leaflets, I call it. Sex education, particularly in the early years, is not about teaching young people to have sex; it is about safeguarding. It is about teaching them to know what is appropriate, what is invasive, and what is abusive; it is about informed consent. Age-appropriate education is vital for empowerment of our young children, so they can live healthy and happy lives.

Where children are questioning their gender identity, they should be supported with open and inclusive discussions centred on their health and well-being. The Government should be careful what they wish for; it is better that appropriate support be provided in schools, because the only alternative is that perhaps inappropriate information will be sought elsewhere.

Finally, what actions have the Government taken to ensure that these changes do not pose greater safeguarding risks to our children and young people?

Faith Schools: Impact of Removing Admissions Cap

Baroness Twycross Excerpts

Tuesday 7th May 2024 Lords Chamber

[Baroness Barran (Con)]

I thank the noble Lord for his comments and echo his remarks about the ethnic diversity in our faith schools. I agree with him that faith schools can and do offer the very important tenets of our major religions including, of course, tolerance.

[Baroness Twycross (Lab)]

My Lords, the rationale behind the proposed change to the state-funded faith schools admissions cap by the Government is in large part, as the noble Baroness has said, to increase the number of school places available. Has the department made any estimate of how many more places will be made available and when? What will the Government do to ensure that school places are established where they are needed most and for families whose children most desperately need the best start in life?

[Baroness Barran (Con)]

The number of additional places will depend on levels of basic need where there are not enough school places available. The noble Baroness well knows that in some parts of the country we have the opposite challenge at the moment. That also answers the second part of her question; it will be where there are population pressures.

I would like to take the opportunity in answering the noble Baroness’s question to pick up on the second part of the consultation. If agreed, it would mean that faith schools were able to have a faith designation. I know the House agrees with me that we need to move faster to make sure there is provision for children with special educational needs and disabilities.

Childcare Entitlements

Baroness Twycross Excerpts

Wednesday 24th April 2024 Lords Chamber

[Baroness Twycross (Lab)]

My Lords, I welcome the opportunity for us to discuss the Statement made yesterday in the other place. I thank the Minister for repeating it today in your Lordships’ House. Noble Lords present are probably united in thinking that the Government’s aspiration in expanding free childcare is welcome. However, unfortunately, it appears that currently only the Government believe that their flagship policy is on track.

My first question to the Minister is: why are Ministers proactively bringing a Statement to Parliament to say that everything is on track, when the Government’s own auditors are now saying otherwise, without the Government acknowledging that there are issues? When I suggested yesterday at Oral Questions that the policy was in trouble, the Minister stated that

“it is a huge success”.—[Official Report, 23/4/24; col. 1369.]

I woke up to headlines that indicated that I was not far off. In light of the report published today by the National Audit Office, will the Minister accept that the policy is, at the very least, at risk of not going to plan? Even the Telegraph is reporting that parents are facing worse childcare under this Government’s childcare expansion.

Are the Government still guaranteeing that every eligible child has a spot now, that every eligible child will have a spot later this year, and that every eligible child will have a spot in September next year? Are parents getting the savings that they have been promised? Why have the Government repeatedly dismissed genuine concerns about the rollout of the plan, when the problems are so clear and stakeholders across the board are highlighting the same problems?

Even the DfE has the expansion as its top programme risk, with risks including insufficient places, operational infrastructure not being ready, insufficient parental demand and an unstable market. When will the Government make a formal response to the NAO’s report? Furthermore, could the Minister confirm that the DfE has itself

“assessed its confidence in meeting milestones beyond April 2024 as ‘problematic’”?

Does she agree with the NAO that the extension does not “achieve its primary aim” or demonstrate “value for money”? How did the DfE think it was appropriate to set dates for expansion without engaging with the sector or understanding local authorities’ and providers’ capacity? Will the Government act on the NAO’s recommendations about continuously reviewing the achievability of the 2025 milestones and will they now publish interim performance thresholds?

I return to the point I made to the Minister yesterday: the DfE’s own pulse survey from last week found that 45% of childcare and early years providers said it was unlikely that they would increase the number of places they offer to under-threes as a result of the Government’s childcare expansion. The NAO estimates there is in fact a net reduction in places—albeit just a 1% reduction —since 2018, but this is at a point at which we need a significant increase in places. Could the Minister outline what the DfE’s plan is if it accepts that it will struggle to reverse this trend, if it finds that the providers simply cannot afford to offer free places, or the one in three nursery and pre-school providers that the Early Years Alliance says are at risk of closure simply do not survive? This would potentially put 184,000 places in jeopardy. How does the Minister explain the disparity between what the Government say and what the sector, parents and councils, and now the NAO, are saying?

The Statement repeated today states confidently that

“no local authorities are reporting that they do not have”

sufficient “places to meet demand”. This is very different from the National Audit Office view that only 9% of areas are confident that they will have enough places. To clarify this point, I contacted the Local Government Association, which told me that councils have reported greater concerns about the next stages of the expansion, where it will extend to children and families who would not previously have accessed childcare to this extent. It is deeply concerned about provision for families that require a different range of childcare options, such as outside traditional hours, or families for children with SEND.

The Coram Family and Childcare survey found that England has seen reductions in the availability of childcare in all categories. Worryingly, the greatest reductions have been in childcare for disabled children, which I understand is now at 6% sufficiency. Can the Minister say why this is the case and what the Government will be doing to remedy this? Local authorities are also concerned about recruitment, particularly because of the higher ratios required for under-twos. They are concerned about the lack of sufficient level 3 qualified staff in the sector. Is the Minister confident that recruitment is on track?

There is broad consensus on the need for a decent childcare and early years offer, including increasing free hours. It is a shared ambition across political parties to have an improved system that works for parents and carers and delivers the best start in life for children. Labour genuinely wants better childcare and early years provision. We have commissioned a review by Sir David Bell to assess a way forward. We want a well-planned, well-designed system that delivers for children and improves the offer to parents.

I am confident that the Minister also wants a system that works, but the first step in this instance to getting that has to be for the Government to accept that there are problems, and work to get this scheme back on track. I look forward to her response as to how, in light of the serious risks facing this flagship government policy, the promised expansion in free childcare and early years provision will be delivered.

[Lord Storey (LD)]

My Lords, I thank the Minister for her detailed Statement. I would guess that all of us aspire to the aspirations that she espoused on childcare. The issues that we are concerned about—and they concern a number of people—are around whether this can be delivered. I listened to the Statement with great care and the words that were missing were not about numbers but about quality. I have always believed, as my party always has, that it is not just about providing childcare. It has to be quality childcare—and I did not get a sense of that in the Minister’s Statement. There are a number of issues. She mentioned pay, quite rightly, but it is about training as well.

As we have heard, the National Audit Office has raised concerns that plans to extend free nursery provision could compromise—again, that word—the quality of childcare as the sector expands to meet demand. The NAO cautioned that hiring inexperienced staff and a lower supervision ratio for two year-olds could undermine childcare quality. There are also worries about whether inspections by Ofsted would identify issues early enough. The NAO has highlighted concerns about the Department for Education’s confidence in delivering required places, with only 34% of local authorities expecting to have enough places by this September. On the other hand, the Minister has painted an extremely positive picture of rollout. It will be interesting to see who is right.

This ministerial Statement did not mention or address the up-and-coming report and findings, which have been described as utterly damning by the early years sector. The Government must address the findings of this report urgently. The report concludes that there is a risk posed by

“the lack of contingency and flexibility”

in the Government’s “fixed, ambitious timetable”. It is therefore important that clarity and reassurance is provided quickly on how they will address the report’s findings. Families across the country will struggle to plan their arrangements if certainty over the next phase of the rollout is not provided.

Only 17% of nursery managers said that they could offer the extended entitlement, due to the crisis of recruitment and retention. What will the Government do to address this recruitment and retention issue?

Finally, I was interested to hear about the campaign to use unused schools. The Government want to set up what I think they call “in-home nurseries” to create some of the 85,000 places needed. How many schools will be used in the pilot scheme that the Minister told us about? If the scheme is successful, how many schools do they think they will be able to finally use?

Expansion of Free Childcare

Baroness Twycross Excerpts

Tuesday 23rd April 2024 Lords Chamber

Asked by

[Baroness Twycross]

To ask His Majesty’s Government what assessment they have made of the implementation of the expansion of free childcare hours.

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

My Lords, I can confirm that over 200,000 parents of two year-olds are now benefiting from the Government’s help with childcare costs as part of the largest ever expansion of childcare support in England. From September 2025, our full expansion will save parents up to £6,900 a year. Our investment will be over £400 million in 2024-25 alone, and by 2027-28 we expect to spend in excess of £8 billion every year on free hours and early education, doubling our current spending.

[Baroness Twycross (Lab)]

My Lords, the DfE’s own pulse survey from last week found that 45% of childcare and early years providers said that it was unlikely that they would increase the number of places they offer to under-threes as a result of the Government’s childcare expansion. The maths does not add up for providers and there is patchy provision across the country, with the sector still losing staff. Despite the confidence of the Minister and in the Statement earlier today in the other place, is this not simply a good idea that is going disastrously wrong?

Children and Young People: Local Authority Care

Baroness Twycross Excerpts

Thursday 18th April 2024 Lords Chamber

[Baroness Twycross (Lab)]

My Lords, I thank the noble Lord, Lord Laming, for securing such an important debate and for his insight based on a huge amount of experience and expertise in this subject. As the noble Lord, Lord Young, said, there is no person better placed to lead this debate. As my noble friend Lord Wood said, this debate is timely because, regrettably, it is always timely.

I recently had the privilege and pleasure of hosting an event with the charity Become, which has been mentioned by a number of noble Lords. They brought with them a group of young people who spoke clearly of their experience in the care system and the need for change. As has come through strongly in all the speeches, there is no greater responsibility of any government at whatever level than to ensure that looked-after children get what they need to be happy, feel loved and thrive; and that these most vulnerable young people—now numbering, shockingly, around 84,000—are actually looked after and cared for.

As the noble Lord, Lord Laming, said, it is the responsibility of a local authority to be a good parent. As the noble Baroness, Lady Benjamin, and the noble Lord, Lord Young, said, clearly children who are care-experienced can end up with a life-long adverse impact. They are disproportionately more likely to have special educational needs; they are disproportionately more likely to be represented in prison populations and disproportionately more likely to suffer from poor mental health and low employment rates. There is an intergenerational legacy of poor outcomes.

I want to make it clear that I recognise that Ministers have repeatedly made heartfelt commitments to dealing with the issues facing children in social care. I genuinely do not doubt the Minister’s concern to ensure that children and young people get the care and support that they need and have a right to. However, the fact remains that they are not currently getting this. As the noble Baroness, Lady Tyler, said, we are facing a perfect storm. That is despite the Conservative Party’s clear manifesto commitment, the findings of the excellent independent review led by Josh MacAlister, which the Government commissioned, and the government strategy that is being rolled out.

There is still too little funding in the system to support the aspirations of the strategy. There are too few people—too few social workers, foster carers, and adoptive parents. That is not to say that we do not have phenomenal people working in this field or that every privately run care home is careless with those children in its care. However, the system is flawed. Children and young people are paying the price, with too many moved too far, in some cases up to 500 miles away; as my noble friend Lord Wood said, they are moved an average of 18 miles away from home. Too few children and young people are supported by foster parents or kinship carers, and too few are getting the consistency of care they need from social services or social workers. The model of provision is simply broken, and unless the Government provide the radical reset which the independent review they commissioned called for, the problems the review identified, both current and future, will not be addressed.

One of the key points made by the noble Lord, Lord Laming, and others, including the noble Lord, Lord Meston, was that leaving intervention to a crisis point is too late. As the right reverend Prelate the Bishop of Southwell and Nottingham, said, we should not allow children’s social care to become solely a blue-light emergency service.

Countless noble Lords raised the fact that rising costs of children’s social care placements and the pressures on local government funding mean that funding has been diverted away from early intervention and into services for children already in care.

A number of noble Lords gave some tragic examples of how a failure to intervene and support families can play out. With local government funding already at breaking point, how do the Government expect local authorities to deal with the crisis in children’s social care and invest in early interventions, and how soon will the DfE roll out the pilots intended to support early interventions, including family hubs?

The noble Lord, Lord Young, highlighted the continued significance of adoption in the context of falling adoption levels, and the government strategy has some welcome commitments on foster care, recruitment and retention, and support for kinship carers. The right reverend Prelate spoke passionately about foster care from his own experience, and the noble Lord, Lord Young, highlighted the fact that more foster carers are deregistering than registering, describing some of the reasons for this and the loss of experienced foster families that this causes.

My noble friend Lord Wood highlighted the benefits of kinship carers, in particular the cost savings to the state and the earnings benefit to children and young people later on in life. What is the Government’s assessment of efforts to provide greater support to kinship carers, and has their number increased in practice?

The Local Government Association highlighted in its briefing for this debate that the current vacancy rates of children and family social workers leaving during the year, and sickness absences, are the highest in the DfE’s data series. There are thousands of vacancies, and social care is reliant on agency workers. What impact has the Government’s strategy had so far on recruitment and retention of social workers? Does the DfE indeed have a children’s social care workforce strategy?

Children and young people who are care-experienced come disproportionately from the most disadvantaged and deprived backgrounds. As the noble Baroness, Lady Benjamin, said, black children are also disproportionately represented in the care system. Once in care, around three-quarters of all girls are fostered compared to just over half of boys. What is the Government’s assessment of the long-term impact of this inequality?

I commend the comments from a number of noble Lords who highlighted the broken nature of the market model. The Competition and Markets Authority social care market survey was raised by several speakers, including the fact that resources are therefore diverted away from prevention to cope with rising costs. As my noble friend Lord Wood said, 85% of children’s homes are currently in the private sector. The Competition and Markets Authority also raised concerns about the level of debt carried by some private providers—that point was raised by the noble Baroness, Lady Tyler. What is the Government’s assessment of the viability of the sector, do they have contingency plans for market failure, and what conversations have the Minister or the department had with Ofsted about the failure to prosecute illegal and unregulated care homes in England, as highlighted by the recent Observer newspaper article?

This subject is worthy of a much longer debate. As I have been going through my speech, I have been crossing bits out because I do not have time to say everything I would like to. What is needed is not another debate but action. Good intentions and heartfelt words on a Thursday afternoon are not enough. Too many children and young people are being failed, and unless the radical reset called for in the Independent Review of Children’s Social Care and referred to by the noble Baroness, Lady Cavendish, becomes a reality, the situation will not be resolved. I look forward to the Minister’s response.

Schools and Colleges: Special Educational Needs

Baroness Twycross Excerpts

Monday 15th April 2024 Lords Chamber

[Baroness Barran (Con)]

I can genuinely reassure the noble Baroness that teacher workload and teacher retention are incredibly high up our list of priorities within the department. It is a central focus of the team. In addition to workload, it is critical that we equip our teachers with the skills, experience and confidence they need to deal with what they are facing in the classroom. That is why, for example, the inclusion of much more content on special educational needs and disabilities in initial training and the early careers framework is so important.

[Baroness Twycross (Lab)]

My Lords, pupils with special educational needs are more than four times more likely to develop a mental health problem than other people. This means that one in seven young people with a mental health difficulty will also have another special educational need. Given the huge and increasing backlog for mental health support in schools, will the Minister tell us whether the Government will support Labour’s plan to place a mental health professional in every school?

[Baroness Barran (Con)]

As the noble Baroness knows, the Government have an ambitious plan in terms of the creation and development of mental health support teams in schools. We estimate that, from April 2024, those support teams will cover 4.2 million children and young people, and we think that will rise to about half of all children and young people by spring next year. The challenge, which the noble Baroness will recognise, is to make sure that the demand for mental health practitioners is balanced between the health service, schools and other parts of the economy.

Student Loan Interest Rates

Baroness Twycross Excerpts

Wednesday 27th March 2024 Lords Chamber

[Baroness Barran (Con)]

Of course, those who go on to much higher earnings end up repaying much more than those on lower earnings, but no additional consideration is currently being given to the suggestion from the noble Baroness.

[Baroness Twycross (Lab)]

My Lords, the Student Money Survey last September found that 18% of students had used a food bank in the 2022-23 academic year, up from 10% in 2021-22. The annual inflation rate peaked at 9.6% in the year to October 2022, yet for the 2022-23 academic year, the value of student maintenance loans for living costs rose by only 2.3%. What are the Government doing to ensure that students can focus on their studies and not worry about how they are going to feed themselves?

[Baroness Barran (Con)]

I understand why the noble Baroness raises this point, and I am aware of the concerns around affordability. We have continued to increase the maximum loans and grants for living costs each year, with the most support going to students from the lowest-income families, and benefits for lone parents and disabled students. We have made wider cost of living investments as a Government and, in addition, have made £260 million of student premium and mental health funding available for the 2023-24 academic year.

School Meals for Children

Baroness Twycross Excerpts

Wednesday 20th March 2024 Lords Chamber

[Baroness Barran (Con)]

As my noble friend hints, exercise has a very positive impact on physical health and, crucially, on mental health.

[Baroness Twycross (Lab)]

My Lords, anyone who saw the pictures in the newspaper article to which the Question refers will be fairly appalled at the quality of the food offered to the children. The head teacher concerned asked how hard it was to bake a potato. Is the real problem that children do not learn how to cook any more and therefore do not see jobs in institutional catering as a viable career? What action is the DfE taking to ensure that the skills exist to meet government guidelines that state that school food should be nutritious, look good and taste delicious?

[Baroness Barran (Con)]

I am not sure whether I have to declare my interest as the mother of a chef. I think careers in hospitality are great, but I might be slightly biased. I have already responded on where food and healthy eating fit within the curriculum. We take this very seriously. The specific case that was alluded to in the media related to a PFI contract. Obviously, that gives greater constraints on the ability of a school to negotiate with, or potentially even change, suppliers.

Free Childcare Scheme

Baroness Twycross Excerpts

Wednesday 20th March 2024 Lords Chamber

Asked by

[Baroness Twycross]

To ask His Majesty’s Government what assessment they have made of the availability of additional funded childcare provision, ahead of the expansion of the free childcare scheme in April.

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

My Lords, we are delivering the largest expansion of childcare in England’s history. Latest projections show that more than 150,000 new funded places will be secured by April. We expect that number to grow, collectively saving parents more than £500 million in costs. We continue to support the sector’s expansion, with £400 million of additional funding to uplift hourly rates next year and a guarantee that rates will increase in line with cost pressures for two years after that.

[Baroness Twycross (Lab)]

My Lords, on these Benches we agree with the ambition of the policy, but delivery of the expansion of the free childcare scheme is falling short. With the charity Coram Family and Childcare finding that parents in some parts of the country are spending over 50% of their income on childcare, and with children needing to be registered for nurseries before they are born, what more are the Government doing to ensure that parents and children get the expansion of free childcare that they have been promised?

[Baroness Barran (Con)]

It is slightly curious to say that delivery is falling short when the new entitlements start in April of this year. The noble Baroness knows that we have made a significant investment in capital to support local authorities. We have made a number of innovations in relation to the workforce and the uptake of the scheme has been very encouraging. Most importantly—I think the Institute for Fiscal Studies has confirmed this—we have announced very generous funding rates, particularly for younger children.

Schools: Special Needs Pupils

Baroness Twycross Excerpts

Tuesday 19th March 2024 Lords Chamber

[Baroness Barran (Con)]

The noble Lord raises a very relevant point—the wider issue of how parents can be aware of how our special educational needs system works, feel confident in it and understand how to have conversations with their children’s teachers about any concerns they might have. That is why we have altered the initial teacher training and early career framework for teachers, as well as introducing a new national professional qualification for special educational needs co-ordinators. This is to make sure that schools can be really proactive with parents and give them the confidence to address their children’s concerns.

[Baroness Twycross (Lab)]

My Lords, the noble Baroness has outlined a range of measures, but the truth is that there is insufficient capacity in the system. I spoke to one parent—I do not think she would mind me referring to her as a pushy parent—who has waited for 18 months and has still not had her child assessed. Given the social and the ethnic disparities mentioned by noble Lords, is the noble Baroness 100% confident that government policy and what is on track at the moment will actually meet the growing demand?

[Baroness Barran (Con)]

The Government have made a huge amount of progress, and a very significant financial commitment working closely with those on the ground. As I said, we have announced £2.6 billion between 2022 and 2025 to fund new special educational needs and alternative provision places. Together with the new free schools we have already announced, it will add 60,000 new specialist places to the system. I know the noble Baroness will appreciate that this is a very significant increase.