Children and Families Bill
Debate between Countess of Mar and Baroness Northover(10 years, 11 months ago)
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Baroness Northover
My Lords, I thank the noble Countess, Lady Mar, for highlighting this area. She has fought long and hard for those with ME, to whose situation she has made reference. In Committee, my noble friend Lord Nash clarified the Government’s position; that the majority of children and young people are best served by attending a mainstream institution. We had a key discussion on this earlier. We do, however, recognise that for some children and young people mainstream education is not appropriate, as both the noble Countess, Lady Mar, and the noble Baroness, Lady Morris, said. The education arranged for these individuals could indeed include the use of online provision as part of a blended package of support. Indeed, I understand that earlier this month, the Nisai Learning Hub was registered as an independent school that will provide alternative provision through a mixture of supported online and face-to-face learning.
Decisions on the use of such provision clearly need to take into account children’s and young people’s academic needs. It is also vital that their social and emotional development is supported, and that their health and safety are protected. Because of that, we believe that local authorities, mainstream institutions or special institutions should remain accountable for these decisions. However, to reinforce the point made by my noble friend Lord Nash in Committee, the provisions in this Bill do not prevent the use of alternative provision, including online and blended learning. I can reassure noble Lords that it can be included within an EHC plan, it can be funded by personal budgets and it can be part of the local offer used to support pupils without an EHC plan.
We appreciate that an underlying aim of these amendments is to highlight the benefits of online and blended learning for certain groups. The noble Countess, Lady Mar, and the noble Baroness, Lady Morris, made their case effectively and powerfully. We do not think that legislation is the appropriate vehicle to achieve this aim, but we shall reflect carefully on how the SEN code of practice and statutory guidance on alternative provision can better support informed decisions on this type of provision—decisions that are based on the best interests of the child or young person.
In doing so, we shall take into account the views of those groups facing particular barriers to mainstream education. The noble Countess highlighted some of these. To this end, I understand that my honourable friend the Minister for Children and Families has agreed to meet the noble Countess, Lady Mar, to hear experiences of the support needed for children and young people with ME. I hope that will be helpful to both sides. I should like to acknowledge the work of the noble Countess, Lady Mar, in supporting the cause of people with this condition.
I hope I have reassured the noble Countess and the noble Baroness that there is sufficient flexibility within the current arrangements to allow for the use of high-quality alternative provision, including online and blended learning, where it is in the best interests of a child or young person. Where there are restrictions, we believe that they offer vital safeguards in relation to the education, wider development and safety of pupils. We shall, however, look at how guidance can be improved so that decisions on the use of online provision are focused on the individual’s particular needs—that is at the heart of this. I therefore urge the noble Countess, Lady Mar, to withdraw her amendment.
The Countess of Mar
My Lords, I am grateful to the Minister for replying so kindly. I accept her offer to look at the guidance. I thank the noble Baroness, Lady Morris, for her very powerful support. I beg leave to withdraw the amendment.
Children and Families Bill
Debate between Countess of Mar and Baroness Northover(11 years ago)
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Baroness Northover
My Lords, this is an important debate about the role of English local authorities in securing early-years provision free of charge for young children and about sufficient childcare. In responding, I will also speak to government Amendment 240R.
The Government are as determined as other noble Lords that parents should have a wide choice of early education and childcare places, and that places are of the highest quality possible. Clause 76 will remove the requirement on local authorities to assess the sufficiency of childcare provision every three years. We recognise the concerns raised by my noble friend Lady Tyler and the noble Baroness, Lady Hughes, and I hope that I can provide some reassurance.
There are two duties on local authorities relating to the sufficiency of childcare: the duty to secure sufficient childcare under Section 6 of the Childcare Act 2006; and the duty to make an assessment of sufficiency of childcare every three years under Section 11 of the same Act, which is what we have just been addressing. The first of these duties is paramount. The duty of the local authority to secure sufficiency of childcare remains in place; it is the other element that we are talking about here. We are clear that local authorities should take steps to ensure that parents can access the childcare they need.
To satisfy themselves that there is sufficient childcare in their area—my noble friend Lady Tyler is right—local authorities do indeed need to collect information on the availability of, and demand for, childcare. Our statutory guidance makes it clear that local authorities should report to elected members annually on the steps they are taking to address any gaps in childcare provision. The annual report should also be made available to parents, allowing them to hold local authorities to account for ensuring that there is high-quality, affordable childcare in their area. The noble Baroness, Lady Hughes, mentioned a simpler annual report. We are more in agreement here than perhaps it may have appeared from our initial discussions. There will need to be an assessment because those kinds of data are required, and there will need to be an annual report.
The decision to repeal the sufficiency assessment—that three-yearly, very lengthy document—was taken after public consultation. The majority of respondents supported the repeal and the proposals that local authorities should prepare and publish an annual report on the sufficiency of childcare. The noble Baroness, Lady Hughes, referred to that consultation and suggested that perhaps we did not ask whether the duty should be repealed. Perhaps I misunderstood her—it looks as if I did not—but the department did indeed ask this. The question was: “Do you support the repeal of Section 11 and the revocation of the supporting regulations?”. That was directly asked of people, and 62% supported it; only 10% said they did not.
The consultation took place between November 2010 and February 2012, and the Government published their response in May 2011; it is available on the Department for Education website. The feeling came through that what was needed was to ensure that there were sufficient places and that too much focus was perhaps going on this rather lengthy document, produced every three years, which required a lot of effort to put together and was not easy for parents to access, and so on.
No doubt in the first place the provision was made for the best possible reasons and I fully understand why it should be there, but the purpose is to try to secure sufficient childcare and to have a mechanism of putting pressure on local authorities to ensure that that happens. That is why the department is in favour of moving to an annual assessment and giving that annual report to the councillors who are accountable. I hope that noble Lords will be reassured.
The Countess of Mar (CB)
Perhaps I might ask the noble Baroness to check the dates she gave us for the consultation. It sounds as though the Government’s response came a year before the consultation was complete, if I heard her right.
Baroness Northover
Perhaps I may answer the noble Countess, Lady Mar. The consultation went from November 2010 to February 2011—which, I agree, is a much more normal length of time for a consultation.
Baroness Northover
I am very flattered. I will come back to the noble Countess in a moment very precisely on her point, because obviously it is very important.
Children and Families Bill
Debate between Countess of Mar and Baroness Northover(11 years ago)
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The Countess of Mar
My Lords, I was horrified to be pointed to the report by the Children’s Commissioner, Always Someone Else’s Problem. The executive summary, which I am afraid is all I have had time to read, says:
“We have found evidence of … pupils being excluded without proper procedures being followed; these exclusions are usually for short periods, but may be frequently repeated, meaning that the child misses substantial amounts of education … pupils being placed on extended study leave, on part time timetables, or at inappropriate alternative provision, as a way of removing them from school”.
It goes on to list other examples, which I am sure the Minister is familiar with, but the final one is,
“local authorities failing to deliver their legal responsibility to provide full time alternative education for children from the sixth day of exclusion”.
In the report the Children’s Commissioner says that it is mainly SEN children who are what she calls illegally excluded from school. I am very concerned that local authorities are perhaps not taking due care to ensure that this does not happen in their areas. This is an excellent amendment that would perhaps preclude this sort of thing from happening. From that report, it seems to be happening on a very large scale.
Baroness Northover
My Lords, we appreciate the concerns that have prompted the amendments in this group and noble Lords’ determination to ensure that we move things forward for children with special educational needs, and I welcome the opportunity to respond to the discussion. I thank the noble Baroness, Lady Howe, for saying that the local offer has the potential to be transformative for these children.
We understand the reasons why the noble Lords, Lord Low and Lord Touhig, seek the publication of an action plan if the education and social care is deemed insufficient. I assure them that there is already scope in our provisions for children and young people with SEN and their parents, and local providers, to be involved in improving provision where it is insufficient. Clause 19 clearly sets out the guiding principle of the SEN provisions, which is all about putting children, their parents and young people at the heart of what the local authority does. It sets out the importance of involving children, their parents, and young people as fully as possible, and includes the need to support them to achieve the best possible outcomes.
Children and their parents, and young people, are also central to the local offer. Local authorities will be under a duty to review their local offer in Clause 30(5) —noble Lords have made reference to that—and regulation 4 of the draft local offer regulations sets out who they must consult in such a review. Local authorities will also be under a duty to publish comments on the local offer under Clause 30(6). Noble Lords, again, made reference to that.
The noble Lord, Lord Low, was probing on accountability and how the review would then, as it were, have teeth. We understand the noble Lord’s points about accountability, and we will be discussing this in a later group. Perhaps we can return then to how that will be done. However, I would say that the local offer in Clause 30(6) will require local authorities to publish their response to comments that they get from children, their parents and young people, so there is a major incentive there to act.
That is also made clear in Chapter 5 of the code of practice, which says that local authorities should publish an explanation of the action they are taking to respond to the comments. It is not simply a case of publishing what that response is. This brings transparency—a point that the noble Baroness, Lady Jones, made previously—and potential publicity. We must bear in mind that local authorities are themselves accountable to their electorate. In the debate on the previous group, I mentioned other ways in which people could hold local authorities to account. However, I do not think that it is going to be very comfortable for local authorities to have to publish critical comments and to have to justify why they are doing what they are doing. That is certainly worth bearing in mind. As I mentioned, local authorities must consult widely and involve children and young people with SEN and the parents of children with SEN in shaping local provision.
Children and Families Bill
Debate between Countess of Mar and Baroness Northover(11 years, 1 month ago)
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The Countess of Mar (CB)
My Lords, I support my noble friend Lady Howarth of Breckland. For many years, I was a lay member of the immigration tribunal and I remember seeing a number of young people go through the awful process of asylum appeals when they got to the age of 18. They did not understand what was going on. In many cases, we allowed them because they had been here for so long and had become used to the country. It would have helped them enormously if they had had support earlier in their lives, as my noble friend is suggesting.
Baroness Northover
My Lords, here we are addressing another group of potentially vulnerable children, as the noble Baroness, Lady Howarth, pointed out. They are foreign-national children who are living in this country while their parents reside elsewhere. We recognise that the amendment seeks to improve safeguards for children privately fostered from abroad. We sympathise with that intention.
We fully accept that local authorities should check on private fostering arrangements when children are living apart from their close family, and current legislation provides for this. We recognise that it is sometimes difficult to establish if a family relationship is genuine, as the noble Baroness, Lady Howarth, made very clear, especially where a carer is falsely claiming to be a close relative to avoid the requirement to notify the local authority of a private fostering arrangement. This raises a potential safeguarding issue.
However, we are not convinced that the way forward is to apply the private fostering arrangements to all foreign national children who live here without their parents. This would extend the arrangements to a large number of cases where children are safely looked after by close relatives. However, we agree that this is an important issue, as children from abroad are in a particularly vulnerable position. It remains crucial that professionals who work with children from abroad, including border staff, schools, health professionals, housing officers, et cetera, can spot private fostering when they see it and notify the relevant local authority.
The current private fostering guidance asks local authorities to undertake awareness-raising activities with agencies, such as schools, to enable professionals to encourage private foster carers and parents to notify the local authority. Front-line professionals are also encouraged to notify the local authority of a private fostering arrangement that comes to their attention where they are not satisfied that the local authority has been, or will be, notified of the arrangement, so that the local authority can check that the arrangement is safe and suitable.
We are reviewing the school admissions guidance for children from abroad and are aiming to publish a revised version in January 2014. We will also shortly be publishing revised guidance on safeguarding in schools. The new guidance will specify schools’ statutory duties in respect of safeguarding, provide guidance on roles and responsibilities, including making referrals to child protection services, and indicate where to find up-to-date guidance on particular issues.
In addition, we have a project under way looking at the requirements on local authorities and the role of other agencies and services with a view to focusing efforts and strengthening the response to children most at risk. We will be talking to relevant partners and agencies, such as the Home Office, the British Association for Adoption and Fostering, Children and Families Across Borders, Ofsted and local authorities, to identify what targeted action might be taken to improve practice in local areas. There are a number of issues that we are looking at, and I am happy to share them with the noble Baroness.
An important issue is whether it is better to resolve the immigration status of children and return them to their home country as soon as possible after their arrival in the UK, rather than leave it until they reach the age of 18, by which time their ties with their home country have been greatly reduced. The current practice is to consider the needs of each child on a case-by-case basis and carry out an assessment of what is in the child’s best interests. The child and their social worker have a central role in this assessment, and contributions are usually also sought from other relevant agencies.
We have some sympathy with the argument about early return but, referring to other debates we have had, we need to be aware that many of these children may be vulnerable and have arrived in the United Kingdom having suffered very difficult and sometimes traumatic experiences. It is often the case that their parents cannot be traced or that the reception arrangements in the country to which they would be returning might be inadequate. This has meant that in practice, with the exception of transfers to other European Union countries, the UK rarely enforces the return of unaccompanied children to any country. The important issue is to try to work out what is in the best interests of the child.
I would be happy to provide any more details on this to the noble Baroness. I welcome her expertise feeding in as we consider this. I hope that in the mean time she will be content to withdraw her amendment.
International Development: Diseases of Poverty
Debate between Countess of Mar and Baroness Northover(11 years, 4 months ago)
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Baroness Northover
Again, the noble Lord highlights an important area. Polio is on the edge of being eradicated but in Pakistan and northern Nigeria, as the noble Lord will know, religious fanatics have killed some of those trying to roll out the programmes there. The Bill and Melinda Gates Foundation is working extremely hard to tackle this but, obviously, it is a very delicate problem.
The Countess of Mar
My Lords, does the noble Baroness agree that prevention is better than cure and that a vital component of this is clean water and good nutrition? What is DfID doing from that point of view?
Baroness Northover
DfID fully recognises that malnutrition goes with diseases of poverty and is therefore trying to tackle both poverty and malnutrition. As the noble Countess says, clean water and sanitation are vital in ensuring that children, in particular, manage to survive these diseases.
Legislative Reform (Constitution of Veterinary Surgeons Preliminary Investigation and Disciplinary Committees) Order 2013
Debate between Countess of Mar and Baroness Northover(11 years, 10 months ago)
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Baroness Northover
My Lords, this draft legislative reform order seeks to make changes to the outdated constitution of the two committees that deal with disciplinary proceedings, the disciplinary committee and the preliminary investigation committee of the Royal College of Veterinary Surgeons. At the moment, the college is required to populate these two committees with members of its governing council. In effect, that means that the same body of people is responsible for both setting the standards for the profession and dealing with possible breaches of those standards. This is not in line with modern regulatory best practice as there is insufficient impartiality and independence and there is public pressure for reform. The RCVS needs to separate these functions to balance both professional and public interests. In addition, the current size of the disciplinary committee makes it difficult to manage the current and future case load in an efficient and timely manner. The college reports that RCVS council members who are elected to the disciplinary committee are now overstretched as they struggle to find time for the increasing number of sitting days.
The constitution of the DC and the PIC is prescribed in the Veterinary Surgeons Act 1966 and reflects the regulatory practices of that time. Replacing Part I of Schedule 2 to that Act allows the college to implement modern disciplinary practices in line with other comparable regulators such as the General Medical Council, the General Dental Council and the Nursing and Midwifery Council. In these organisations, there is a separation between those who advise on professional standards and those who implement the disciplinary process.
The proposed amendment to the Veterinary Surgeons Act is to change the constitution of the two disciplinary committees, in terms of both the eligibility for membership and their size. This will allow the royal college to make changes that comply better with the Better Regulation Commission’s principles. No longer will the membership and chairmanship of the PIC and DC be drawn from the council. They will in fact be ineligible for appointment. Instead, appointment to both committees will follow an open, transparent and independent recruitment process. For the first time there will be a statutory requirement that the committees must contain a proportion of lay people, to bring a fresh perspective to the work of the committees and to improve further their independence. There will an increase in the size of the committees. This should make it much easier, and possibly quicker, to assemble a panel for an individual case-hearing from the larger pool of people, thus removing a burden, specifically defined as “an obstacle to efficiency”, from the RCVS.
The amendments will also introduce more flexibility into the constitution of the committees as well as remove the most outdated restrictive provisions. Committee members will serve for a specific term of office and for no more than two terms on each committee. The new size of the committees allows for flexibility in case further increase is needed in the future, without the need for another legislative change.
Removal of the provision regarding veterinary practitioners supports better regulation principles by removing outdated and unnecessary provisions through simplification and streamlining, while removal of the prescriptive timing of committee elections removes another burden to the college’s operation of its disciplinary process. However, provisions that are seen as important in the current Act will be retained—these relate to the size of the quorum and the important judicial principal that no member may sit on both the preliminary investigation committee and the disciplinary committee in relation to the same case.
In conclusion, this replacement of the relevant schedule to the Veterinary Surgeons Act 1966 is necessary to allow the Royal College of Veterinary Surgeons to exercise its functions in relation to disciplinary cases brought against members of the veterinary profession. It will allow the disciplinary committees to work in a more efficient manner and in compliance with better regulation principles, and will provide flexibility to cope with future changes. I beg to move.
The Countess of Mar
My Lords, I declare my interest as an honorary associate of the Royal College of Veterinary Surgeons and the British Veterinary Association. This draft legislative reform order has been long in gestation and I know there will be relief all round to see it finally enacted. The order will bring the royal college in line with other professional health bodies, as the Minister said, such as the General Medical Council, which are responsible for setting standards as well as imposing discipline on those of their registrants who may be in breach. The importance of being fair as well as being seen to be fair has grown since the human rights legislation came into force. Ensuring that membership of both the preliminary investigation committee and the disciplinary committee is no longer elected by or from among the council of the royal college eliminates the possibility of accusations of bias. Increasing the size of both committees ensures that there will be a larger pool from which to draw members for hearings. The pressure on members to attend disciplinary committee hearings will be relieved and waiting times for hearings will be reduced. We should never forget that justice delayed is justice denied.
I have always believed that lay members add strength to committees of professionals because they are in a position to ask the important “how, what, when, why, where” questions that professionals tend not to ask each other. Changing the status of the current lay observers to full membership and enabling them to vote is laudable and will increase the transparency of the committee proceedings. I am also pleased to see the built-in flexibility with the size of committees for particular hearings as well as the definition of quorum membership and size that this order defines.
The open, transparent and independent recruitment process described by the Minister and in the impact assessment is a foil to anyone tempted to complain that the appointment of committee membership was opaque and partial. This problem had been of concern to the public, the veterinary profession and the Royal College of Veterinary Surgeons for more than a decade. The possibility of producing a new veterinary surgeons Act to replace the one that is now nearly 47 years old was considered. I recall the suggestions from the EFRA committee in the other place being given a very firm put-down by the noble Lord, Lord Rooker, when he was Defra Minister on the grounds of lack of time and finance. This order is the next best thing, and I commend it.