Criminal Justice and Courts Bill
Debate between Baroness Walmsley and Earl of Listowel(10 years, 5 months ago)
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Baroness Walmsley (LD)
My Lords, I had not intended to speak in this debate and will do so briefly. I have listened carefully to those who oppose my noble friend Lord Marks, and I am afraid that I am not convinced by them for two reasons. First, the cases that they cite are ones in which the judge would almost certainly have sent the person to prison anyway. When somebody carries a knife with serious intent and uses it, that is when people go to prison. We do not need the clause for that reason.
The other point has not been mentioned at all. The clause is supposed to be a deterrent, mainly for young people, to prevent them getting involved in carrying knives in the first place, which is a very laudable objective. However, let us remember the development of children’s brains. The majority of the development of children’s brains happens between birth and three years of age, but there is a boost during the teenage years. That is when risk taking comes in. If noble Lords consider that, they will realise that a deterrent such as this very small prison sentence—I quite agree with the noble and learned Lord, Lord Woolf, that it will do nothing but harm—will certainly not deter someone whose brain is telling them, “Now you can take risks, and you should”.
The Earl of Listowel (CB)
My Lords, I ask the Minister to clarify one issue, and ask for help from my noble friend Lord Blair on another. The first issue concerns children in care. As the Minister will be aware, a disproportionate number of children in care are in custody: more than half the boys and just under half the girls in custody come from the care system. I would be interested in clarification about any exception under the proposal that will look at the backgrounds of young people, particularly if they come from a care background. I imagine most of your Lordships will be aware that 60% of children originally come into care because they have been abused and a further 10% because their family has broken down. As the noble Lord, Lord Deben, described, these are children who are very damaged and sometimes troubling to others as well.
When we discussed mobile phone crime seven or eight years ago the law was strengthened because of concerns at that period. I remember a case where a 15 or 16 year-old boy, on his first day at a children’s home, joined a group of people he did not know. One of that group stole a phone. The judge was obliged to be tough with him and sentenced him to custody. There was no suitable secure local authority children’s home for him. I think he was placed in a young offender institution and he hanged himself. One must also remember that these children are more vulnerable to knife crime. It is of course a very finely judged argument.
My question to my noble friend Lord Blair concerns his experience, which was most interesting. His first example concerned women taking guns out of their handbags, so it was an older group. What was the experience of 16 or 17 year-olds in the second example he gave, if he is aware of that? I share the concern of my noble and learned friend Lady Butler-Sloss that 16 and 17 year-olds may not be able to understand the weight of punishment that may await them if they continue—although they will have committed a first offence, so they probably should be aware.
Serious Crime Bill [HL]
Debate between Baroness Walmsley and Earl of Listowel(10 years, 5 months ago)
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The Earl of Listowel
I have a few words of praise for the Government. I thank the Minister for his response and for recognising the importance of what my noble friend Lady Meacher said about the need to intervene early to support families to get off alcohol and drugs. When it comes to the family courts, the Government have substantially supported the family drug and alcohol courts, which originated from district judge Nicholas Crichton in the Inner London Family Proceedings Court and ensure that such families have judicial continuity over a 12 year period and that there are good interventions to get the parents off drugs and alcohol so that they can keep their children and not have their children taken into care. It is very much to the Government’s credit that they funded and evaluated this work and now the president of the family court is looking to roll it out across the country. Many families will benefit because of the good work of the Government and this will avoid unnecessary cruelty to their children.
Baroness Walmsley
My Lords, we have had a very good debate. Quite clearly there is a great deal of consensus across the House. I echo what the noble Baroness, Lady Howarth, said. I hope that we can have further discussions about this between now and Report and that we come to some consensus as to what may or may not need clarifying. I thank the noble Lord, Lord Ponsonby, and the right reverend Prelate the Bishop of Durham for agreeing with me that we need to level up the age at which we consider children to be vulnerable. They may be able to get married legally, but that does not mean that they are not vulnerable. There is also considerable consensus that the word “wilfully” needs clarifying and there have been various suggestions about how that should be done. The Government believe that we need Clause 62 even though the law already allows child abuse to be interpreted as psychological. In the same sort of way, although there may already be agreed definitions of “wilfully”, there may still be a need to clarify that in one way or another, based on the various amendments that we have had. I am sure we can come to some agreement about how that might be done. There has also been consensus about the need to remove the word “unnecessary” or perhaps the whole term “unnecessary suffering” and to change it in some other way.
I hope that the Minister will be able to accept that we need further discussions about this between now and Report. In the mean time, I beg leave to withdraw the amendment.
Children and Families Bill
Debate between Baroness Walmsley and Earl of Listowel(11 years, 1 month ago)
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The Earl of Listowel
My Lords, I am one of the Peers who is concerned about the government proposals to change the ratios and I tabled an Oral Question on this which the Minister answered. I admire the work that the Government have been doing through Iain Duncan Smith, working in partnership with Graham Allen, on recognising the importance of the earliest years of a child’s life and ensuring a good attachment between the child and the parent. Andrea Leadsom MP is the chair of the All-Party Parliamentary Group on Sure Start Children’s Centres and a leader of the 1001 Critical Days campaign, which looks at the period covering pregnancy and the first two years of a child’s life. It is thinking about how that time can be made into the best possible experience for both the parent and the child.
I was therefore very worried about the proposal to change the ratios for babies in baby rooms, particularly because one tends to have the least experienced and least educated young women working in them. I recognise that the Government are concerned about affordability, and we all want children to have the benefit of both good quality group care and childminding. In terms of affordability, three or four months ago an interesting editorial piece in Nursery World looked at the various factors that contribute to making childcare expensive or affordable. One of the things the editor emphasised was that the Government need to fund the entitlement properly—the entitlement that had been available up to three years old but has now moved down to two year-olds. The Government should come up with the full whack, and that is an aspect that needs to be addressed. The editorial highlighted that several different factors make this a complicated issue, which means that it is difficult to make childcare profitable.
I was very relieved when the Government decided not to go ahead with the changes in the ratios, and I hope that the Minister can now assure us that, for the foreseeable future, we will not see them changed, particularly for the very youngest children.
Baroness Walmsley
My Lords, not for the first time the noble Earl, Lord Listowel, has hit the nail right on the head. There is more than one way of making childcare more affordable for parents; properly funding the free entitlement is one of them while increasing the ratios is not. I was also concerned about the proposal and I am very pleased that the Government did not go ahead with it. It is not appropriate to put these ratios into the Bill. But, having said that, if the Government come up with another proposal to increase the ratios between now and 2015, I will be writing to Nick Clegg.
Children and Families Bill
Debate between Baroness Walmsley and Earl of Listowel(11 years, 1 month ago)
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Baroness Walmsley
My Lords, I, too, rise to support the amendment of the noble Baroness, Lady Howe, and agree with the points that she has already made. In July 2011, the Prime Minister said in response to a Question from my right honourable friend Sir Malcolm Bruce MP:
“We do a lot to support different languages throughout the UK. Signing is an incredibly valuable language for many people in our country. Those pilot schemes were successful”.—[Official Report, Commons, 13/07/2011; col. 308.]
The scheme that the Prime Minister was referring to was the I-Sign consortium, which has piloted family sign language classes in two regions. NDCS, with support from the Department for Education, continues to work to support the development of sign language courses. However, local authorities cannot be compelled to provide sign language support because there is no duty to do so. As has already been outlined, a very high percentage of deaf children are born into hearing families who have no previous first-hand experience of deafness. These families really need support to communicate with their child, particularly where sign language is chosen.
It has been estimated that where deaf children need to communicate in sign language, eight out of 10 parents of deaf children never learn how to communicate with their child through sign language. Without the right support from the start, deaf children and young people are vulnerable to isolation, abuse, bullying, poor self-esteem and low levels of attainment. We have already heard from the noble Baroness, Lady Howe, how local authorities are very patchy in their provision of sign language services.
The SEN reform in this Bill offers the potential to generate a step change in the provision of sign language courses for families. For example, personal budgets may enable families to pay for this support themselves. However, while SEN reform might generate more demand for sign language courses, it really will be useless while local authorities can walk away, which is very damaging to deaf children and their families.
The Earl of Listowel
My Lords, I rise briefly to support this amendment so eloquently moved by my noble friend and to ask two questions. I support it particularly because of the work done by the right honourable Iain Duncan Smith MP and Graham Allen MP, among others, on the importance of early attachment between infants and parents. Clearly, it is crucial that parents can communicate with their young child in order to make a strong bond with them.
I particularly want to emphasise the importance of that. We may have already covered this elsewhere in the Bill, but the two questions are: how is assisting parents to communicate with their blind children dealt with and, on the broader point about all children with some disability or another, how are parents enabled to communicate with them, for instance, those with dyslexia? There may be less of an issue in those particular cases.
The point that I would like some clarity on, and the Minister is welcome to write to me on these points if he thinks that would be appropriate, is that we do not see children on their own; we see them as part of a family and a set of relationships. I imagine that has probably been dealt with elsewhere in the Bill, and I probably have not followed that part closely enough. I hope that that is helpful.
Education Bill
Debate between Baroness Walmsley and Earl of Listowel(13 years, 5 months ago)
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The Earl of Listowel
My Lords, I thank the Minister for his reply to my amendment. I am pleased to hear that he is thinking of amending guidance in this way and I thank him.
Baroness Walmsley
My Lords, I think that once more it falls to me to don the mantle of the noble Lord, Lord Rix, albeit I cannot possibly do it justice. I am most grateful to all noble Lords who have taken part in this debate and I should like to make just a few points.
I was very grateful to the noble Baronesses, Lady Finlay and Lady Howells, in particular, for reminding us that children are not just excluded because they are naughty; there are many underlying factors. The noble Baroness, Lady Howells, reminded us that it could be, at worst, racism or, at best, a misunderstanding of the behaviour of certain cultural groups. The noble Baroness, Lady Finlay, reminded us that the child might be responding to a terrible trauma in their lives such as bereavement. I remind the Committee that sometimes children behave as though they have been bereaved when their parents split up. A parent has not died but is no longer in the child’s life and the child responds in that way. Therefore, we have to look at the underlying factors, whether they are the ones I have just mentioned or the SEN factors that many noble Lords have referred to.
It is particularly important that parents have confidence in the system of exclusion and the system of appeals. In that respect, I certainly support Amendment 52 in the name of the noble Lord, Lord Touhig. Parents should be able to choose their own SEN adviser. Only then will they have real confidence in the advice to the appeals tribunal.
I am grateful to the Minister, as I am sure the noble Lords, Lord Touhig and Lord Rix, would be, for saying that the guidance will be made statutory. I am also grateful to him, following something I said at Second Reading, for making it possible for me to meet Charlie Taylor. He is supervising the pilots where schools retain responsibility, in terms of both the financial bottom line and academic achievement, for where they place a child who might otherwise be excluded. It sounds like a very interesting innovation, which I gather will probably go on for two or three years. I am delighted to hear that the Government have undertaken to implement that sort of arrangement more widely if it proves helpful in preventing children being excluded in an unwarranted and inappropriate way.
Finally, on Amendment 43, I am grateful to the Minister for saying that the guidance will be revised. Will he ensure that children themselves can appeal against exclusion in their own right, as they can now do to SENT? That is, will they be able to appeal against an exclusion to the independent appeals panels in the same way that they can to SENT? Perhaps the Minister will write to me about that. I know it is a fairly new situation, but for me and others it is an important “rights of the child” issue.
On behalf of the noble Lord, Lord Rix, I thank the Minister for all his responses to the debate and beg leave to withdraw the amendment.
Academies Bill [HL]
Debate between Baroness Walmsley and Earl of Listowel(14 years, 5 months ago)
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Baroness Walmsley
My Lords, I shall speak also to Amendments 53 and 54 in the same group. Amendment 52 probes the Government’s intentions with regard to the education and care of young children in nursery and reception classes in primary and all-through academy schools. It also seeks commitment from my noble friend the Minister that academies will be expected to provide the balance, age-appropriateness and play base of the early years foundation stage to very young children.
Many children under five are now in primary schools' nursery and reception classes and it is essential that their teachers are qualified and experienced in the early years. The early years foundation stage—which I shall call the EYFS, although that is not that much shorter—provides much needed unity of principle and purpose across the range of settings. It offers a single framework to ensure quality, equality of opportunity and safeguarding. There is a real commitment among early-years professionals to this agenda.
The EYFS was introduced in the Childcare Act 2006 and has been a statutory requirement for all providers of education and care to zero to five year-olds since September 2008. It provides a clear statutory framework and standards, and although it is relatively new, its ideas, standards and approach are not. It has grown out of a long tradition of providing education and care for babies and young children under five years old and attempts for the first time to ensure that, wherever children are educated and cared for, they and their families can expect the same standard of education and care. I give credit to the previous Government for its introduction. Although I feel that it is time to renew it in the light of experience, as it is too prescriptive, it is generally a good thing and should be adhered to by all providing education to this age group.
Academies do not have to follow the national curriculum for primary and secondary schools, but it is not clear what the intention is in relation to under-five year-olds in nursery and reception classes. Perhaps I may ask my noble friend the Minister the following questions. How many of the current all-through academies provide education for under-fives and, of those, how many follow the early years foundation stage? Is it the Government’s expectation that primary academies should follow the early years foundation stage for under-fives? How will the Government ensure that under-fives receive age-appropriate, play-based education in primary academies?
Amendment 53 probes the Government’s intentions for inspection of new academies in relation to education for young children under the early years foundation stage. The Secretary of State has indicated his intention to grant academy status automatically to schools deemed to be outstanding by Ofsted, alongside an intention generally to exempt those outstanding schools-turned-academies from further inspections. However, in relation to the EYFS and provision for under-fives, I am particularly concerned about removing academies from the inspection framework, given that inspection under the EYFS is relatively new and that the main driver behind the EYFS is to improve quality and standards in early childhood education and care. I am also concerned that the emphasis on engagement with parents in the current inspection framework may be lost, with detrimental effects on some schools’ commitment to engage with all parents, which is so important at nursery age.
Under the law, all providers of education and care to under-fives must be registered on the early years register of providers and must meet the legal welfare, learning and development requirements as set out in Section 40 of the Childcare Act 2006 and associated regulations in order to remain registered.
However, schools providing for children aged three to five are exempt from the register, and EYFS provision is inspected within the main schools inspection framework. Maintained, independent and non-maintained special schools are required to be registered only in respect of any provision they offer for children below the age of three, in recognition of the need for extra safeguards for the youngest and most vulnerable children. Can my noble friend explain how young children’s welfare, safeguarding, learning and development will be quality-assured in academy schools?
Perhaps I may draw one related matter to the Minister’s attention. If there is a problem in the early years setting, there is currently a practice of the proprietors deregistering it and opening it up again as a different business, thereby expunging the history of the problematic incident and making it impossible for Ofsted to inspect whether the failings that led to it have been corrected. Indeed, some places have been reregistered several times. I give as an example the case of a nursery in Chigwell, where the two year-old daughter of Mrs Shatl Malin was accidentally hanged in the playhouse where she had been unattended for 20 minutes. The proprietors have reregistered the setting, and the parents have therefore no closure or explanation and no assurances that no such thing can ever happen again. While we have the opportunity in this Bill, I should like to ensure that no academy offering early years education can walk through this loophole by deregistering.
On Amendment 54, one of the best aspects of recent workforce development is the importance of an integrated approach to working with children and families. This is exemplified in the children’s centre model. Again, I give credit to the previous Government for introducing this way of working. In children’s centres, children under five years old and their families can receive seamless integrated services and information. These services vary according to centre, but may be very wide and serve the real needs of families. Indeed, the coalition Government intend to locate a lot more health visitors in them, which I support. I would not want the independence of academies to pull children out of the integrated structures developed under the Every Child Matters agenda, which all parties supported. This is particularly relevant in relation to safeguarding issues. Will my noble friend the Minister clarify what support will be available to academies in developing safeguarding policies and in their implementation? What connections will academies have to children’s trusts and local safeguarding children boards and what impact will there be on children’s centres and extended services where they are co-located with primary schools wanting to apply for academy status? I beg to move.
The Earl of Listowel
My Lords, I support the thrust of the noble Baroness’s amendments. Having visited several nurseries in the course of the Childcare Bill and followed the debates about the early years foundation stage, I believe that it is vital to have good-quality early years care. There is a real challenge in achieving that in this country; we start so far behind the Scandinavians. We have not had a strategy until recently in this area. Many of those working in it are poorly educated and poorly paid young women, and there is often a very high turnover of staff. The settings in schools may be different to that general picture, but I ask noble Lords to put themselves into the shoes of a three year-old being cared for by a woman who then goes—then another one comes and goes, and another one comes. That is a very black picture. I am sure that it is not generally the case, but there is that danger.
The early years foundation stage really helps in setting out clearly what the expectation should be and what these children should receive. In particular, every child in the nursery should have a key person. That should be the person who makes the relationship with the parent of the child and follows that child, changes the nappies and looks after that child. Others will have to take their place from time to time but, rather than the child being passed around from person to person, there is someone there with a particular special relationship with that child. That is an easy thing to lose if there are lots of poorly trained and poorly supported people and there is a high turnover of staff. Given the vulnerability of the children and the challenges to the sector, I would appreciate the reassurance of the Minister that this clear framework for practice in this area will be applied to those children in future.
Academies Bill [HL]
Debate between Baroness Walmsley and Earl of Listowel(14 years, 5 months ago)
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The Earl of Listowel
My Lords, I shall speak to Amendment 50 in my name. I declare an interest as a trustee of TACT, a charitable provider of fostering and adoption placement in the UK, with offices in England, Wales and Scotland; and of the Michael Sieff Foundation, a child welfare charity. The purpose of the amendment is to ensure that there is not the least doubt that looked-after children will be given first priority in admissions to the new academies.
Perhaps I may say again to the Minister that I was very grateful to him for the helpful meeting on SEN that he organised. I was grateful at that meeting that he acknowledged the concern regarding the different treatment of admissions for looked-after children by academies. He described it as small; but it is significant, and I hope that he will accept that. Perhaps I may briefly remind noble Lords that the previous Government gave first priority in admissions to looked-after children in legislation enacted in February 2009. Grant-maintained schools must prioritise these children. However, in the same regulations, academies are only directed that they “should” prioritise these children. There has been considerable concern about this distinction, which has been greatly increased with the advent of this Bill and the prospect, highlighted by the noble Baroness, Lady Royall, of many more academies, and many of the best performing schools becoming academies.
I apologise for repeating a couple of statistics from Second Reading. A large percentage—28 per cent—of our prison population have experienced care. In 2008, only 7 per cent of looked-after children gained five GCSEs with grades A* to C, compared with 49.8 per cent of the general population. When an offender is given an education, their offending can reduce dramatically. The National Grid Transco programme reduces reoffending rates from 70 per cent to 7 per cent. We are seeing improved outcomes for looked-after children and children in care thanks to the previous Government’s efforts. Improvements in attainment have been modest, but at last they have begun tracking the improvement in the general population. The number of care leavers entering university has increased by 900 per cent. It was 1 per cent and I have recently been advised that it is 9 per cent. It is still far below the level for the general population but it is an important step in the right direction. I hope that the Minister will agree that now is not the time to weaken our efforts on behalf of these children.
I am most grateful to the Secretary of State, Michael Gove MP, for his decision to continue the investment in social work begun by the previous Government—in particular, the setting up of a social work college on a par with the Royal Society of Medicine and the Royal College of Nursing. I am also most thankful for his decision to appoint Dr Munro to review the bureaucratic burden on social work. I am more grateful than I can say for the Secretary of State’s commitment to supporting and developing social work. These children need the best social workers and the best schools appropriate to their needs.
In the past, these children have been put last. They have been disregarded in their families, as my noble friend said, and too often they have been disregarded in the care system. I hope that today the Minister can remove any shred of doubt that he will put them first.
Baroness Walmsley
My Lords, we, too, believe that it is important that children and parents choose schools and not the other way round. In speaking to my Amendment 51, I welcome the fact that the Secretary of State has stated that the code for school admissions will apply to academies. We felt that we needed to table this amendment to probe how the codes—please note that it is the plural—for school admissions will apply to academies. There are two codes: one deals with the setting of admissions criteria and the role of the school adjudicator, and the other deals with how parents can appeal against a refusal to admit their child.
Currently, academies are required to comply with the codes “as far as possible” as part of their agreement with the Secretary of State. The codes were not written for the academy sector but for maintained schools. One additional thing that the amendment requires is that parents and the local authority are able to appeal to the adjudicator about admission arrangements. Currently, parents can appeal only to the Secretary of State but that can really only be done after the admission arrangements have been agreed between the academy and the Secretary of State when the arrangements are published. An admission authority—be it a local authority or a school governing body—has to publish, at the school and in a local newspaper, any proposed changes to admission arrangements and allow objections. If the admission authority confirms the change, the parent can appeal to the adjudicator, if he or she wishes to do so.
What is really required here is a single admission system for all publicly funded schools. Having two admission systems, which will still be the case if academies are required to comply with the code only where they can, is not really good enough. Academy status will have perceived benefits on admissions for grammar schools. They will no longer be subject to the rules on parental ballots when changing their admission arrangements. However, if we are to rely on the Minister’s words in his letter to Peers that,
“no non-selective school would be able to become selective”—
words which are very welcome—that would rule out the current ability of a maintained school to select 10 per cent of pupils on the basis of aptitude in music, arts and sport. Can the Minister clarify the Government’s intention on that point while we are discussing admission codes?