Children’s Wellbeing and Schools Bill
Baroness Walmsley Excerpts(1 week, 6 days ago)
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Baroness Walmsley (LD)
My Lords, I will speak to Amendment 53 in my name and that of my noble friend Lady Tyler of Enfield. It is designed to ensure timely implementation of the single unique identifier, otherwise known in the Bill as the consistent identifier.
Timely access to high-quality and personalised education, health and social care services is fundamental for good childhood outcomes and reducing inequalities. Important information on children’s needs and outcomes is, as we know, held by many different services across health, local authorities, police, education and beyond, but so often these services have not communicated with each other and crucial parts of the jigsaw around a child’s life have not been fitted together by professionals interacting with the child. Sometimes that results in tragic cases, as the Minister mentioned earlier.
Clause 4 inserts two new sections into the Children Act 2004 on information sharing. This includes a provision to introduce a consistent identifier for children, which is to be welcomed. Many Peers from around the House, including my noble friend Lady Tyler, argued strongly for the introduction of a single unique identifier for children during the passage of the Health and Care Act 2022, in which I also took part. We know that too many serious safeguarding case reviews—especially the heartbreaking and harrowing ones that hit the headlines—have said that better data sharing between services is urgently needed to properly safeguard children and improve their wider health and well-being outcomes. This very welcome clause is intended to provide a clearer legal basis for sharing information to promote the welfare of children and prevent them falling through the gaps. Through the introduction of this unique consistent identifier, it will be much easier to match records and share information confidently.
Implementation within this Parliament of this crucial measure, as promised in the Government’s manifesto, is paramount. We cannot run the risk of it being lost in a subsequent Parliament if it is no longer considered a priority. That is why many in the sector, particularly children’s charities, are working together to scrutinise the planned timescales and implementation plan.
As things stand, there is a risk that full implementation of this identifier will not take place before the next general election. The NHS and local authorities might be using a common identifier by 2029, but schools, early years settings and the police might not. Partial implementation would fundamentally undermine the benefits of a single identifier. Either all services should be supported to use it soon, or the purpose will be lost and children will continue to be at risk. Hence Amendment 53 would ensure that full implementation of this part of the Bill takes place before the next election, as set out in the Labour manifesto.
I will say a brief word about some of the other amendments. I also have concerns about other possible vulnerable members of the family, as the noble Baroness, Lady Barran, raised. I look forward to hearing reassurances on that from the Minister.
On Amendment 69 in the name of the noble Baroness, Lady Spielman, which has not yet been introduced, it sounds to me like a good idea that the data should be consistent, so that those accessing it will understand exactly what it means. I am concerned it might turn into a tick-box exercise, although I hope that would not be the case. I look forward to hearing what the Minister has to say.
Baroness Spielman (Con)
My Lords, Amendment 69 would make provision for a common open data standard for those with responsibilities for individual children. I will start with a couple of wider comments. Like the noble Baroness, Lady Longfield, as chief inspector at Ofsted, I reported each year, for many years, on the concerning shift of local authority spend into acute services and away from early help and targeted support. The reasons why that was happening seemed fairly simple: resources were constrained and these were the statutory services, so it was logical for local authorities to prioritise their spend on those.
I was therefore surprised when the Minister cited this concerning shift as a reason for the changes proposed in the care review and in the Bill. There are potentially much simpler solutions, such as rebalancing the obligations or providing funding. Yet this Bill creates a lot of additional structures, duties and complexity, which could unintentionally take more resources and time away from front-line work, which I know everybody would like to prioritise. I would like to get more sense of the thinking as to how the Bill can enable all the players in an extremely complex system, rather than simply direct and control from the ministerial office.
A particular missed opportunity is data and the value of a common open data standard to help facilitate sharing at individual level, but also to make it easier to aggregate and analyse. Every service working with vulnerable children has its own data system. Typically, a number of proprietary systems are available in each sector; each of those is set up and works in different ways. There are no common data standards for the bodies involved. This makes it genuinely hard. There have been obligations to share data between the different parties for very many years, yet every serious case review points out failures in data sharing, almost without exception.
It is right that we have privacy by default, so it is a hard decision each time you decide it is important to share information and override privacy. The process of sharing is itself time-consuming and expensive, because these systems do not work to any common standard. There would be potential improvement in the management of individual cases if we can reach the kind of common open data standard that is being developed and used in other sectors.
In the care review, everybody realised quite how hard it often is to put together a national picture with data about social care. The understandable protection around individual children, and the kinds of disconnect that have already been referred to, mean that information about those who are causing harm, or the children or others who are collateral damage in the same situation, is not necessarily neatly joined up. It is genuinely hard to find out about types of abuse and all its different aspects, and who is implicated. This is a real problem; it should not be down only to journalists armed with FOIs to go hunting for things that we should already know about and be acting on.
As chief inspector, I served until the end of 2023 on the national implementation board for the care review. I was sitting alongside the eminent professor, Sir Anthony Finkelstein, who is a data systems expert and gave me valuable input into the framing of this amendment.
Data was an important strand of the initial care review and the report, and an important part of the initial plan for its implementation, but it seems to have got largely lost. So, I have put forward this amendment to bring this strand to the fore. The Minister should make sure that this opportunity is not lost to enable all the players in this complex system. By making this provision now, she will have the flexibility to set a sensible, reasonable and proportionate timescale for all these proprietary providers to start creating the kinds of alignment that can help us going into the future to do the best for all children.
Children’s Wellbeing and Schools Bill
Baroness Walmsley Excerpts(2 weeks, 1 day ago)
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Baroness Walmsley (LD)
My Lords, as one of the many qualified teachers in your Lordships’ House, I will speak to Amendment 14 in the names of my noble friend Lady Tyler—who cannot be with us today—me and others. Before I do so, I warmly welcome the noble Baroness, Lady Longfield, to this Committee. I know that as the Children’s Commissioner she was so very committed to all these issues, and I know she is supporting the amendments of the noble Baroness, Lady Armstrong, today.
I was involved with the legislation that set up the UK Children’s Commissioner in the first place and was involved in making sure that the commissioner “must” have regard to the UN Convention on the Rights of the Child, not “may”, as was in the original version. That is relevant to what I will say about Amendment 14.
The intention of Amendment 14 is very simple: to ensure that those making decisions affecting children and young people seek and take into account their wishes and feelings, if they wish to give them, and to support them to do so. I welcome the Government’s ambition to be a child-centred Government and support the important steps taken in the Bill to strengthen the systems intended to keep children safe, yet there is more that the Bill could do to be truly child-centred. Specifically, it currently fails to embed meaningful consideration of the child’s wishes and feelings. I would like to strengthen it, hence this amendment.
As noble Lords will be aware, more than 30 years ago, in 1991, the UK ratified the UN Convention on the Rights of the Child. In doing so, we recognised that children have a distinct set of rights that uniquely value all that it means to be a child. Article 12 of that convention sets out the right of every child to express their views freely and to have those views given due weight in all matters affecting them, including the family conferences we are talking about. They must be afforded that chance to express their views, wishes and feelings. The word “should” in Amendment 13 is not quite good enough in that respect.
In short, it recognises that children are experts in their own lives. I believe that children under 16 are perfectly capable of this, so I do not support the bit of Amendment 12 that limits this to over-16s. As long as they have appropriate support and understanding, many young children can be very articulate about what they think.
The amendment seeks to ensure that the systems designed to protect and support children and those who work with them are founded on the basis that we can hope to truly understand what is in a child’s best interests only by hearing and giving heed to their experiences and unique perspectives—the voice of the child, as we often call it.
As we know, in cases of abuse and neglect, giving children the opportunity to express their views is a critical factor in building trust and keeping children safe. Children themselves tell us that they are not routinely heard when decisions are made that affect them. Indeed, research undertaken with children and young people for the Children’s Charities Coalition’s 2024 Children at the Table campaign found that 62% of UK children think that politicians do not understand the issues that affect them, and almost three-quarters feel that children are not listened to by politicians. Let us listen and hear them today.
That is why I consider Amendment 14 to be so important. It would ensure that local authorities, in offering family group decision-making, are required to ascertain children’s wishes and feelings and give them due weight when making decisions related to that decision-making. It would also provide for a clear entitlement for the child to be supported to participate in the family group decision-making meeting. Where this is not in the child’s best interests, it would provide for the local authority to ensure that the child’s wishes and feelings are appropriately represented, for example by an independent advocate. Some effort will have to be made by somebody who really understands these things to ascertain those wishes.
The Bill currently requires local authorities to seek the child’s views. I welcome the Government’s recognition of the importance of listening to children in the context of family group decision-making, including by the Minister in response to a similar amendment in the other place. But this duty falls short of the gold standard of the Children Act to seek and—importantly—give due weight to the wishes and feelings of the child in different contexts, including children in need assessments, child protection and any decisions relating to a child in care, or possibly going into care. We know from serious case reviews and inquiries that where children are not listened to, it can have devasting consequences.
Wishes and feelings are broader than views. Amending the Bill in this way would mean that those children who choose not to express their views—perhaps they are younger or shyer, are non-verbal or lack capacity—will still have their feelings taken into account when decisions are being made about their safety and where they might live. Passing Amendment 14 would do all that.
Lord Farmer (Con)
My Lords, I rise to speak to Amendment 18 in my name and to Amendments 7 and 14, which have just been ably spoken to by the noble Baronesses, Lady Armstrong and Lady Walmsley. Amendment 7 is also supported by the noble Baronesses, Lady Longfield and Lady Drake, and Amendment 14 by the noble Baronesses, Lady Bennett of Manor Castle and Lady Tyler of Enfield, who is not in her place.
This group is primarily about family group decision-making, so I will speak to Amendments 7 and 14 first. The Government have avoided referring to family group conferencing per se, presumably because they want to allow for evolution of good practice of the family group decision-making model. But as I said at Second Reading, the evidence base on which they are relying for this legislation assumes faithful implementation of what we know makes a difference.
One key aspect of family group decision-making is that it is not a one-off meeting. If it were, this could become a token effort to bring together all those with family or other close relationships to the child. Currently, however, the Bill makes provision only for the offer of a family group decision-making meeting.
Rather, family group decision-making involves a process with careful preparation that typically goes way beyond a single meeting, as Amendment 7 would require. When the child is supported to be involved in an initial meeting, as Amendment 14 specifies, they might flag that key people are missing, or their input might throw up previously unforeseen issues that need attending to before important decisions are made concerning their future.
Support is required because many children will be daunted by being involved in a family group decision-making meeting. They might even say that they do not want to be there but regret not being involved later on. When there have been long-standing difficulties in a family, they might be concerned about revealing secrets, getting into trouble or making things worse.
Safety planning—a key aspect of any process involved in rehoming a child—can also be delicate and difficult and should certainly not be rushed. The pressures on local authorities are unlikely to ease anytime soon, and the legislation should not be written in such a way that short cuts are taken and the family’s involvement is marginalised to speed things up. That cuts across the spirit of the whole approach, which is the coming together —and, we hope, the strengthening and developing— of a relational network for the good of the child at the centre.
Children’s Wellbeing and Schools Bill
Baroness Walmsley Excerpts(1 month ago)
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Baroness Walmsley (LD)
My Lords, I too congratulate my noble friend Lord Mohammed, and the noble Lord, Lord Biggar, on their maiden speeches. The noble Lord, Lord O’Donnell, is absolutely right about the child well-being problem, which is why I focus my interventions on the well-being aspects of the Bill, including children’s rights and voices and physical, mental and emotional well-being—specifically, their nutrition and protection against physical or sexual violence.
Research shows strong links between poor well-being and child poverty. Children from low-income homes often go hungry or have a very poor diet. That is why the Government must use all their levers to ensure that children are properly nourished. The Healthy Start scheme has helped young families buy fruit, veg and milk for their children. However, uptake is low as many eligible families have never heard of it, let alone applied for it. The value of the vouchers has not kept up with food inflation, and this must change. Will the Government welcome an amendment from me to auto-enrol eligible families to ensure that children get their entitlement?
The second lever is the food served in schools. I welcome the new school breakfast clubs, but they must serve healthy food. It is important to distinguish between a breakfast that fills the tummy and one that nourishes. The school food standards have not been reviewed for 10 years, and they hardly mention breakfasts. Does the Minister believe that current school food standards are strong enough to guarantee that children will be getting nourishing food in breakfast clubs? Will she welcome an amendment to update the school food standards, as recommended by the report Recipe for Health of the Lords committee, which I had the honour to chair, including clear rules on what a nutritious school breakfast must look like?
Breakfasts are not the only problem. There are still children who meet the narrow entitlement for free school meals but do not get their free meal, so we also need auto-enrolment here. The quality of school lunches is often poor and may not comply with school food standards, and neither is there any proper monitoring of and compliance with the existing standards. What are the Government planning to do about that? Perhaps we can do something during the passage of the Bill.
On violence against children, children still do not have equal protection against assault as we, as adults, have. It is time that the “reasonable chastisement or punishment” defence, which can be used in court, is removed, as in Scotland and Wales. I am delighted to see a great deal of support for this change here and in the new intake of MPs in another place. Some 90% of social workers, 77% of healthcare professionals, 75% of teachers and 51% of police also support the change. Social workers say that the current legal position makes their safeguarding work more difficult, and it is unclear for parents. The current law is discriminatory because it says you can hit a child as long as it does not leave a mark on the skin. What about dark skin or one that does not bruise easily? Will the Government bring equality and clarity to the law by accepting amendments to remove the defence referred to only recently by the perpetrator in the tragic case of Sara Sharif?
Sexual violence has lifelong effects: people live with unwarranted guilt and difficulty in making healthy relationships. The IICSA has recommended that knowledge of or reasonable suspicion that a child has been sexually abused must always be reported to the relevant authority. The Government claim they intend to enshrine this in law. I look forward to reassurance from the Minister, but I am not sure that a duty of candour will be enough. If I am not reassured, the Minister will be hearing more from me and others as the Bill progresses.