Children in Public Care: Unregistered Accommodation

Earl of Listowel Excerpts

Monday 4th November 2019 Lords Chamber

[Lord Campbell-Savours (Lab)]

My Lords—

[The Earl of Listowel (CB)]

My Lords—

[Baroness Lister of Burtersett (Lab)]

My Lords, this month marks the 30th anniversary of the UN Convention on the Rights of the Child. If the Government could finally incorporate that convention, would that not make such cases less likely?

[Lord Agnew of Oulton]

I am afraid that I did not hear the beginning of the noble Baroness’s question because of the interruptions. We have a number of initiatives; this is a matter of great concern to us. At the moment, for example, the Secretary of State is considering changing the guidance to local authorities on the placing of children under the age of 16 in unregulated settings.

[The Earl of Listowel]

My Lords, I applaud the Government’s “staying put” programme, but I press them on the issue of children being placed way away from their local authority. The incidence of children being placed outside their local authority has increased by 77% since 2012, which is the highest level on record. Will the Minister look at an emergency action plan to address this matter, carried out by the Department for Education and local authorities, to ensure that there are sufficient, appropriate, good-quality local placements for young people in care, as Ann Coffey MP strongly recommended in the other place recently?

[Lord Agnew of Oulton]

The noble Earl is correct that the “staying put” programme is having a positive impact: around 35% of 18 to 20 year-olds are still living with their former foster carers, and 55% of children in a foster placement are now still with them on their 18th birthday, which is an improvement. On “staying close”, again, I agree with the noble Earl that there are one or two situations when moving a child out of the area is important—for example, to get away from gangs or from county lines drug-trafficking— but we are trying to help in this area. We are initiating a move-on accommodation offer in suitable and sustainable accommodation, located as close as possible to their former children’s home, as well as a package of practical and emotional support provided by member of staff from the young person’s previous children’s home, who are providing some continuity in support during the transition to adulthood.

Children’s Homes etc. Inspection Fees, Childcare Fees, Adoption and Children Act Register (Amendment) Regulations 2019

Earl of Listowel Excerpts

Tuesday 18th June 2019 Lords Chamber

Opportunity knocks. I look forward to hearing the views of noble Lords on these issues and the Minister’s response. I beg to move.

[The Earl of Listowel (CB)]

My Lords, I express my thanks to my noble friend for making this important debate possible. When the Minister responds, I would be very grateful if he could be as explicit as possible in assuring the House that no vulnerable child will have been disadvantaged by the change in policy that my noble friend has enunciated.

We and successive Governments have been very concerned about black, Asian and minority ethnic children, sibling groups and children with special education needs being left behind in the adoption process. To successive Governments’ credit, much progress has been made. Obviously, we are all very concerned that this change in policy is not a step backwards.

My noble friend has talked about the imperative to think about the needs of our children and the importance of their future happiness, but we must also as a society think about the cost to society of failing to intervene early and effectively. I visited a residential school for children with severe trauma on Friday. They told me that it can cost a local authority £1 million to place a child in a residential setting. It is costing local authorities huge amounts of money to intervene very late in troubled children’s lives. I pay tribute to what the Government have been doing, but I would really appreciate it if the Minister could make it absolutely clear that there is no disadvantage to the vulnerable children successive Governments have been trying to serve in this change in policy. I look forward to his response.

[Lord Storey (LD)]

My Lords, my father and his brother were adopted into a loving family, and it changed his and his brother’s lives for good, so in a sense I have a vested interest in this important debate. I welcome the opportunity to speak in support of the Motion to Regret and thank the noble Lord, Lord Russell, for moving it.

I am deeply troubled that the Government’s behaviour has made such a debate necessary. I remember that, during the coalition Government, the then Prime Minister David Cameron rightly spoke of the importance of adoption and the need to ensure that children are matched with the right family and that the process is not dragged into bureaucracy of our making.

I paid careful attention to what the Government said in the Explanatory Memorandum about the revocation of the regulations referring to the adoption register, but there is no explanation, merely a statement of what the regulations state, ending with the following sentence:

“These revocations are necessary as the Secretary of State will not be operating or maintaining an Adoption Register from 1 April 2019”.


That is the sum total of the Government’s justification for simply allowing the adoption register to lapse. They have abandoned—or let lapse—plan A without any plan B.

In the letter to the scrutiny committee, the Children’s Minister says:

“I would like to reassure the Committee that this decision was made following careful scrutiny of all the evidence and I am confident that it will not have a negative impact on children and adopters”.


However, there is no information about what “all the evidence” comprised, nor details of the “careful scrutiny” that the Government claim to have undertaken. It is difficult to challenge the Government’s decision, as the Explanatory Memorandum offers no explanation. The Government cannot claim that there will be no “negative impact”—nor, indeed, any other impact—as they have not undertaken an impact assessment of any sort. The adoption register has disappeared without trace and without any transition arrangements being put in place. Worse than that, there is no suggestion as to what the Government intend to do to replace the register.

Later in his letter, the Minister admits:

“It is my understanding that the charity Coram, the former contractor for the Adoption Register, also intends to set up a matching service. They have communicated that to all local authorities, but I do not know when this service is expected to launch … I do not know how many local authorities choose to subscribe to additional services … I am unable to say what the distribution of local authorities across that range is, except to say that around £5,000 is the average. The amount paid is a matter between individual local authorities and Link Maker”.


The Minister goes on to justify the decision by saying:

“The Adoption Register ceased operating on 31 March 2019, and, since then, I have not received feedback from any adoption agency to suggest they are struggling without it”.


I hope that the Government do not think that the lack of feedback within just seven weeks is evidence that there is no problem.

Some people may think that the regulations are just tidying up some unnecessary bureaucracy or getting rid of another length of red tape, but they would be wrong. It is always easier to talk in the abstract, but this is a shameful—perhaps dreadful—example of the Government pulling out of or back from doing something positive. The Government are washing their hands of hundreds of the most vulnerable children.

According to Coram—it ran the adoption register, as we heard—the hard evidence is that 277 of the most difficult-to-place children were found families in the single year up to 31 March 2019. Although I say “most difficult”, the difficulties are not of the children’s own making but their often complex needs mean that they need adoptive parents with the skill, determination and commitment to provide them with a proper home.

The alternative for many of these children is life in an institution of one sort or another—a life that could be transformed by finding the one set of parents in England that could meet their need for a family life, as happened for my father. In her letter to the scrutiny committee, the chief executive of Coram stated:

“The Adoption Register was the only registered, child-focussed pro-active independent service helping agencies to find adoptive homes for children when all other approaches have been tried. It was a vital extra chance for those who wait the longest - those with additional needs, developmental uncertainty, BAME or in sibling groups”.


In its excellent briefing, Coram said:

“Without the Register, agencies may pay to use an alternative product, with the total cost to the sector likely to exceed the value of the Register contract”.


The commercial alternative, depending on the size of the local authorities and the looked-after children population, is typically between £5,000 and £10,000 per local authority. We are all well aware of the dire situation of children’s services and the difficulty in them finding even this relatively small sum. To cover its annual costs, the register needed to help to find adoptive families for just two children who would otherwise have remained in care for the rest of their childhood—a target that has been achieved every year since it was created.

For some children, the adoption register was their last chance. For every child not adopted because the Government have abandoned the register, and for every adoptive parent not matched with an adopted son or daughter, the impact is incalculable. This Government should be ashamed of allowing the register just to disappear.

Schools: Free School Meals

Earl of Listowel Excerpts

Wednesday 22nd May 2019 Lords Chamber

[Lord Agnew of Oulton]

I agree with the noble Baroness that nutritious food is essential for children. That is why that is set out clearly in the food standards. We are working to understand more about food insecurity by spring 2021.

[The Earl of Listowel (CB)]

My Lords, as the school holidays approach, what steps are the Government taking to ensure that disadvantaged children continue to enjoy nutritious food through the school holidays?

[Lord Agnew of Oulton]

My Lords, we are running a number of pilot schemes on food in school holidays, and we have quadrupled the amount of money this year to strengthen programmes to encourage co-ordination in local communities. Just two weeks ago, we announced a number of organisations that will be working across the country to do this. We hope to feed around 50,000 children during the holidays this summer.

Equality of Opportunity for Young People

Earl of Listowel Excerpts

Thursday 16th May 2019 Lords Chamber

[The Earl of Listowel (CB)]

My Lords, I also thank the noble Baroness, Lady Grender, for securing this important debate. Listening to what the noble Lord, Lord Bird, said, I was reminded of a conversation I had with a care-experienced adult who is 30 years of age. Just recently, she had visited Italy and had visited a children’s home there, and she said that in Italy it is normal for the staff to have a degree-level qualification. That led me to think of a conversation I had with a man from Finland, who worked in a children’s home there. He said, “In Finland, we just don’t allow somebody across the door unless they have a degree-level qualification. The children are far too vulnerable, and we just feel that they need the best quality care possible”. In this country, our system requires that people have only an NVQ level 3 to work in a children’s home; 80% of staff need to have that qualification.

Yet the children in our children’s homes are much more vulnerable than those in Finnish or Italian children’s homes. In Italy and Finland, about half of the children in care go into residential care, and half go into foster care, compared with only 10% in this country. This is understandable, because of the history of child sexual abuse in our children’s homes. That is not to say that other countries have avoided that, but residential care is a very unpopular option generally. I speak to very well-respected social workers who say they would never place a child in a children’s home if they could possibly avoid it.

To my mind, that is a great pity. Developmentally, it is absolutely right. Adolescents move away from their families. Many young people do very well in boarding schools, if there are high-quality staff and support. Parents can visit for the weekend, or for lunch. Tim Loughton MP went to Denmark to look at its children’s homes and said that they were quite like boarding schools, with parents coming along on Saturdays. They have highly qualified and very well-supported staff.

Nowadays, in this country, the risk is not so much the low level of qualifications of children’s home staff. Because they are highly regulated and monitored, it is unlikely that they will sexually abuse children or commit other kinds of abuse. It is when a girl is aged 14 to 16, it is a Friday or Saturday night and there are people who wish to groom them outside the premises who have maybe succeeded in grooming a friend of the girl and they are calling her out. It is how the staff prevent that young girl joining that group or gang. I remember having breakfast in a children’s home a few years ago. Maybe it was Saturday morning. The staff were congratulating a girl, who was 14 years old, on not going out the previous night because she had been called out by a young woman who they feared was involved in such a gang. Thanks to the excellence of the staff and the support they had offered her, they managed to persuade her to stay in.

I mention this to highlight the main theme that I would like to discuss in this debate. All young people start as foetuses, then become infants and then children. One really needs to think about their whole development and supporting them from the very beginning if they are to have good opportunities in adolescence and beyond. Something I would single out that we are, regrettably, very bad at in this country is recognising the complexities of children’s and young people’s needs and the importance of childhood and adolescence. We talk about it and there is a growing understanding of its importance, but consider, for instance, early years educators and carers. There is an early years degree. We all recognise that we want more qualified staff in early years settings because of its vital importance for young people’s education and other outcomes, yet it is quite possible to qualify as an early years graduate and to be paid no more than when one was unqualified and yet have more responsibility and look after more children.

Thankfully, the Government introduced the minimum wage, or whatever it is called. That probably raised the level of pay for many early years practitioners, but many of them are on the lowest possible wage that can be paid. This is enormously sophisticated work. I mentioned to a colleague that we should have more graduates in early years settings. She said, “Why do you need a person with a degree in an early years setting?” There is a whole culture of misunderstanding. I visited Denmark and spoke with a social pedagogue—a thoroughly well-educated young woman who worked in the early years and whose father ran an early years setting. She was very middle-class and well-educated. Our settings are very often very low paid and people are poorly educated. It is often seen as the sort of job that young women do when they perhaps do not see many options other than doing these things.

Maybe I can take this opportunity to apologise for and retract something I said to a group of educationists this week that I think was unhelpful. I said that I rather thought it was a good idea to advise young people not to become a teacher in this country. That was an extreme thing to say. Obviously, our children need their teachers, but I feel so frustrated at the way we teach our teachers, youth workers, social workers and residential childcare workers. It denigrates the importance of childhood and the complexity of children’s needs, especially those who have experienced trauma and sexual abuse.

I do not wish to be too negative and there is a lot of good progress being made, but will the Minister keep very much in mind what he can do to make teaching more attractive and to ease the burden on teachers? I have an old friend who is a primary school teacher in an inner city. For years, her family have been trying to persuade her to stop doing the job because they get to see so little of her because of the long hours she works. Speaking to another colleague whose wife is a teacher in an inner-city school in the Midlands, it is quite normal for many of her colleagues to work 50, 60 or 70 hours a week.

How can we expect children and young people to thrive? They need good relationships, most importantly with their parents, but going on to their early years provision and then their primary and secondary school teachers, to help them through often difficult times. If we do not treat our teachers well, if we do not treat the people who care for our children well, then we will not be treating our children well. We have to be kinder and more thoughtful to our teachers. We should not leave them feeling so despairing that they wish to leave the profession.

I know that the Minister is doing some excellent work in this area. Perhaps he may say something about the work that he is doing to ease the caseloads and workloads for teachers. However, we compare poorly to the way that those on the continent invest in the people who care for their children. I hope we can do better.

Schools: Adopted Children

Earl of Listowel Excerpts

Tuesday 14th May 2019 Lords Chamber

[The Earl of Listowel (CB)]

My Lords, it is a great pleasure to follow the noble Lord, Lord Triesman, in this debate, and to thank him for calling it. In particular, I would like to say a few words about the need for empathy and the difficulties in achieving that. I was grateful to the Member in the other place, Rachael Maskell, who is leading an inquiry into adoption. We had a meeting with her yesterday, and also attending was the chief executive of Adoption UK. It was very interesting to hear what she said. Clearly, it is a very well-considered organisation that is very effective in its role.

I want to voice concern about the underestimation I see in England of the complexity of the needs of all our children and young people, and the importance of giving them the very best start in life. It is an issue about adopted children, fostered children, children under special guardianship and children who have experienced sexual abuse but are not in any of those settings. It is a question of child development: children, when they become adolescents, may have been loved to pieces by their parents, but they can still be very challenging and very distraught. As the noble Baroness, Lady Tyler, keeps reminding us, there are issues of mental health among children and adolescents, and rising levels of morbidity there.

Schools and teachers in schools are faced with rising levels of poverty. Levels of homelessness are at their highest since 2003, with more than 130,000 children living in bed-and-breakfast or hostel accommodation. They have had all the cuts to services that supported families in the past have had to contend with. Teachers and their schools face this burden, all the weight of social malaise and then, on top of this, the Government—understandably, in many ways—have set very firm and clear academic targets for schools to achieve, and if schools do not achieve them they are very severely penalised. This is the context in which we need to think about the needs of these children.

Only this week we heard that playtime in schools has reduced at a very significant rate: there has been such an emphasis on learning and digesting knowledge that children are not getting the opportunities to exercise or to socialise and make the relationships that are so important to their physical and emotional well-being. I am very concerned that many schools are finding it so difficult to find funds that they cannot pay for the continuing professional development of their teachers, which is vital to this issue. We need to make teaching attractive for our teachers; we need to care for and love our teachers if they are to care for and love our children—and I fear that very often this is not what is happening for our teachers.

I want to emphasise that the job of bringing up children is complex and very important, and we seem not to be doing what we need to do to recognise that. As for empathy, I remind noble Lords of an early experience I had working with children in my early 20s in Crouch End, north London. I was working on a voluntary play scheme and there was one boy—10 years old, blond, a bit overweight—among the 30 or 40 children there. The staff were not particularly well-qualified to do the work and were certainly low paid, and this boy was particularly problematic. He would get into tantrums, he would disappear, we did not know where he was going, and he would spend a lot of his time in the inner tube of a wheel, just lolling around. He was challenging and we found him difficult to cope with. It was only on a coach ride to some activity we were doing towards the end of the time he was with us that he said, “I will be spending time with my new parents soon. We are going off to Butlin’s together”. It was only at that point that we learned that this child was maybe going up for his first adoption—or maybe he had been adopted before—and we could understand why he was behaving in a challenging and problematic way.

I guess the lesson from that is the need to share information, so that those caring for young people know their background, but also that we were so overstretched that we could not think about the needs of this young person. To be able to feel empathy, to walk around in the shoes of other children—of other people, not just children—one needs the time and space to do so. One needs to have the time to think about their needs. That is my small contribution, from my experience.

I welcome several of the measures that have already been alluded to, in particular the adoption support fund, which has been so important. Indeed, we heard from a mother yesterday, Michelle, that the adoption support fund enabled her to access help, which enabled her to negotiate the complex education system and eventually enabled her to access a special school for her son, who is on the autistic spectrum and has attachment issues. He is a very challenged young man, but, thanks to the adoption support fund, she managed to get the right education arrangement for her son. We heard from her that, for so many parents, the adoption support fund, introduced by the previous Government, has been extremely helpful. It is so important in preventing adoption placement breakdowns.

I ask noble Lords to imagine for a moment what it must be like for children who are taken for adoption, following the trauma and the many losses that they have experienced. Lo and behold, one day they find parents who will take them in and make them part of their own family—but then the placement breaks down. What can it feel like to such a child? We need to avoid adoption placement breakdowns at all costs. I have always been puzzled that we do not keep figures on adoption placement breakdown. We have often asked and we do not know, and it is hard to measure the effectiveness of the adoption support fund without knowing what difference it has made to adoption placement breakdowns. I am sorry not to have given notice to the Minister of that question, but perhaps he can write to me about why it is that we do not monitor the rates of adoption placement breakdown.

We have heard about the pupil premium and pupil premium plus, a very welcome innovation. We have heard about virtual school heads, which I guess will apply to this group; I hope that they have by now. About a year ago, there was new guidance on initial teacher training that made child development a statutory part of that training. That is very welcome and seems very pertinent to this issue. How well implemented has that statutory guidance been? How effectively has it been implemented? I am afraid that there are so many ways into teaching now that it might be that many teachers do not get access to that important information on child development.

I welcome what the Minister said about a case load review for teachers, looking at the burdens that fall on teachers, administratively and otherwise. Can he perhaps show the House how that is processing so that they will have the time to think about their children and exercise empathy?

May I draw the Minister’s attention to the work of Emil Jackson, who is head of child and adolescent psychotherapy at the Tavistock Clinic? He went to Westminster School, around the corner from here, and has provided services to teachers there, but he works with groups of school staff and head teachers on an ongoing basis to help them reflect on the work that they do with children. It significantly reduces sickness absence rates. This model, working with groups of teachers and school staff to support them and help them reflect on their relationships with young people, would be very helpful for all of our children, particularly those who have experienced trauma or have been adopted.

I see that my time is almost up, so I will return briefly to continual professional development. Schools are short of funds and so cannot provide the continual professional development that teachers need. In any case, there is a real issue about the coherence of what is on offer in terms of continual professional development for teachers. So I would be grateful to hear from the Minister whether he will be making a strong case in the spending review for more funding for schools, in particular to provide continual professional development, and whether he is looking at what is available for teachers in the area of continual professional development and how to improve that offer for teachers. I look forward to the Minister’s response.

Apprenticeships

Earl of Listowel Excerpts

Monday 13th May 2019 Lords Chamber

[Lord Agnew of Oulton]

I disagree with my noble friend on EBacc, but applaud all the work he has done on UTCs and their role in the apprenticeship programme.

[The Earl of Listowel (CB)]

Can the Minister say how many children in care and care leavers get on to and complete apprenticeships? He may prefer to write to me. Does he agree that it is a priority to ensure that such young people access apprenticeships and are supported to sustain them?

[Lord Agnew of Oulton]

I will write to the noble Earl with the exact figures, but there is good news; I have come reasonably prepared for this question. The percentage of BAME apprentices—black, Asian and minority ethnic —went up from 9.9% in 2011-12 to 11% last year. Importantly, the number of apprentices with learning disabilities has gone up from 7.7% to 11.9%.

School Exclusion: Timpson Review

Earl of Listowel Excerpts

Tuesday 7th May 2019 Lords Chamber

[Lord Agnew of Oulton]

My Lords, I do not have a specific answer to those questions at the moment. I am happy to write to the noble Lord. The Tom Bennett behaviour initiative will be available to the whole school system. The idea is that we will have behaviour support networks available to all schools; that is why, again, it will not be rolled out until next year.

[The Earl of Listowel (CB)]

My Lords, I too warmly welcome this report and the Government’s support for its recommendations. Will the Minister look carefully at investment and continuing professional development for teachers? It is so important that teachers maintain empathy for their pupils. An opportunity for good professional development, allowing teachers to stand back and try to put themselves in the shoes of their students, can prevent them feeling demoralised and attacked by pupils; rather, they may feel sympathetic and want to work for them. I ask the Minister also to look again at the punitive role of Ofsted. When I have raised this with him in the past, he has said that it is part of our cultural identity in this country. The continentals have a much more supportive inspectorate. Reducing the pressure—and the culture of pressure—on schools will help ensure that fewer children are excluded in the way that we are seeing far too often. I look forward to the Minister’s response.

[Lord Agnew of Oulton]

My Lords, to answer the noble Earl’s question on teacher training, we are increasing awareness of the training available on such things as having mental health leads in schools. We have also committed to a programme of training 200 psychiatrists and psychotherapists to go into the school system. We are very aware that we need to increase the skillsets available to schools to deal with the wide range of issues confronting them. I understand the noble Earl’s concerns about Ofsted as an institution. We are trying to create a cultural change here, but I am optimistic that the new framework will move some way to addressing his concerns. We have done a lot. For example, when my right honourable friend became the Secretary of State for Education, he did a joint video with the Chief Inspector of Schools to try to get the message through on issues such as workload and looking at data. It is a piece of work that we will have to continue.

Free Schools: Educational Standards

Earl of Listowel Excerpts

Thursday 10th January 2019 Grand Committee

[The Earl of Listowel (CB)]

My Lords, I thank the noble Lord, Lord Nash, for making this important debate possible, for his work in this area over so many years and for opening this debate in the way he did. I also pay tribute to him as vice-chair of the All-Party Parliamentary Group on Looked After Children and Care Leavers, and for his most important work when he took through the Children and Families Bill five years ago. He introduced or accepted an amendment—I think he introduced it—that placed a duty on local authorities to allow young people in local authority foster care to remain with their foster carers until the age of 21, where both the young person and the foster carer wished to do so. It is very moving when I speak to foster parents who are so pleased they can keep on looking after their young person until the age of 20 or 21. Scotland and Wales then chose to follow. At the time there was a clamour that the same thing was not done for children’s homes, but in his report on children’s homes last year, Sir Martin Narey introduced the notion of staying close, so that now children’s homes are developing a similar model to allow their care leavers to stay close to their home. I pay tribute to the noble Lord for this important work.

I declare my interest as a trustee of a mental health service for adolescents and the of the child welfare charity, the Michael Sieff Foundation. I join in celebrating the academic attainments achieved at so many academies, particularly the academy that the noble Lord, Lord Nash, kindly arranged for me to visit: the King Solomon Academy in Paddington Green, north central London. It is part of Ark Schools, a multi-academy trust. It is in an area of high deprivation, with many families living on low incomes, many immigrant families and many families living in social housing. The King Solomon Academy has a focus on depth before breadth, with a strong emphasis on English and mathematics. In December 2008 and December 2009, Ofsted rated the school as outstanding. In 2015, the school was rated as the best non-selective secondary school in England, according to the Department of Education GCSE league tables. When one walks in the door, one reads an inscription on the wall along the lines of, “We expect all our pupils to go to university”. It is an academy, not a free school. I am afraid I can speak only from my experience, but I hope it is helpful to the discussion.

When I visited, I found the 28 year-old Head, Max Haimendorf, a graduate of St Hugh’s College, Oxford, enthusiastic and inspiring; he was one of the first Teach First programme cohort. An acquaintance spoke to me of the extraordinary dedication of one of the school’s teachers, whom he knew well and said that sitting observing an English class, he saw that all the pupils were concentrating on what their teacher was saying and that as they listened, they clicked their fingers, an expression of their excitement at learning, encouraged by their calm and assured teacher. In a science class, he spoke to one of the BAME pupils, a girl—by far the majority of pupils were from that background. She spoke of how much she enjoyed her education, how her family were thoroughly involved by the school in her education and of the extra-curricular activities that she enjoyed: the theatrical performances and the symphony orchestra. I am grateful to the noble Lord, Lord Nash, for that that experience, which stays with me vividly to this day.

However, when we speak about educational attainment in free schools, we must also ask ourselves at what cost this comes to children who are not in academies or free schools, or who do not fit in with the culture of these schools. I think this has come up in previous discussions. I was pleased to hear the noble Lord, Lord O’Shaughnessy, talk so strongly about ensuring equity in these schools. Most of the young people going to an academy were the children of immigrants who had great aspirations for them, but what about those children who are not from those kinds of backgrounds? What about Traveller children, looked-after children and children from families who have been failed by the system for generations? Professor Sonia Blandford, chief executive of the charity Achievement for All, points out that about one-fifth of our children are being left behind. She grew up in a low-income family and she was the first person in her family to go to university. Her charity is widely respected and effectively supports many schools. She points out that free schools cost the Government £57,000 per annum per pupil with any form of needs, which is about £30,000 above other pupils. That seems an extraordinary difference. I am sorry not to have written to the Minister, but maybe he can confirm or challenge that figure.

We know that high-quality early years education provides an invaluable boost for vulnerable children, yet the best provision, maintained nursery schools—schools that receive supplementary funding because they provide a qualified head teacher, qualified teachers and a qualified special educational needs co-ordinator—are struggling to find the £59 million a year they need to survive. It appears that there are favourite children in the system, a favourite model, and others may be losing out as a consequence. I urge the Government to be more even-handed in their approach and to take the following steps to make our education system more inclusive and effective.

First, I urge both the Government and the Opposition to avoid any further revolution in our education system. Revolutions are always tempting but they seldom deliver on their promise. They tend to detract from the most important tasks. Secondly, I urge the Minister to embrace the most important tasks, which are recruiting and retaining the best people in education, offering excellent continual professional development to those in posts and ensuring the most disadvantaged children and young people benefit from the best teachers. We hear that it is often the case in the new free schools that those who are the most challenged and disadvantaged are getting the best experience. I know there are currently funding pressures, but it is troubling to read that last year continuing professional development funding in both secondary and primary schools significantly reduced.

Thirdly—and relatedly—the Government should make Ofsted less punitive and more supportive in its approach. The best-performing nations do not have an inspection system as punitive as ours; they have more supportive ones. I ask the Minister to look at Lucy Crehan’s book on education and the highest performing PISA nations. I warmly welcome the commitment from the previous Education Secretary to reform Ofsted, and I hope that is being sustained. The anxiety that Ofsted currently creates drives good teachers and head teachers out of the profession. They are put off by a limited regime where the primary focus of the school is Ofsted, not the children or the best way to help them learn.

My time is up. I am grateful for the opportunity to raise these concerns and to join in celebrating the achievements of the free schools—which I recognise—but there are complexities in this area. I look forward to the Minister’s response.

--- Later in debate ---

[Lord Agnew of Oulton]

Off-rolling is dealt with in the report by Edward Timpson which will be released quite soon—I think in the next few weeks. I will make sure that the noble Lord gets a copy of it. It certainly addresses all the issues that the noble Lord raises. One point that it makes is that academies are no more aggressive in off-rolling than anybody else in the system. I acknowledge that it is a problem. When I was running my trust, for any permanent exclusion I always said to a head teacher that they had to telephone me personally and told them, “This is a professional failure on your part”. We need to be much more rigorous, but I can assure noble Lords that the practice is widespread also among local authority schools. It is a complicated issue, because there is whole range of categories that a school can use when it shunts a child out of the door. For example, category B is sending a child home to work, although it really wants to get rid of the child. It is a very complicated area, but I will send the noble Lord the report as soon as it is available.

The application window for Wave 13 closed on 5 November. We received 124 applications. A rich collection of potential schools is proposed by a range of groups with a variety of expertise, both new providers and experienced multi-academy trusts. We are assessing those proposals and will announce the results later in the spring.

To answer the concerns raised by my noble friends Lord O’Shaughnessy and Lord Hill, we are planning a further wave, Wave 14, which will continue to put free schools into the areas of most need. Innovation remains key. I can reassure the noble Lord, Lord Storey, that free schools are different because they start with a different ethos. They have the same legal basis as an academy, but having set up four myself—as I mentioned to the noble Lord, Lord Watson—I know that they are quite different.

A further 55 special and 14 AP free schools are in the pipeline. Last summer we launched a special and AP free schools wave. By the deadline in October we had received 65 bids from local authorities, setting out their case for why a special or AP free school would benefit their area. Early this year we will launch a competition to select trusts in the areas with the strongest case for a free school.

My noble friend Lord Polak asked about the religious designation of special schools. He is right that they cannot have a specific designation, but they can acknowledge the religious impetus behind their application by registering themselves as having a faith ethos.

Beyond this, the noble Earl, Lord Listowel, raised some important general points, in particular about recognising the importance of teachers. I echo the point made by the noble Lord, Lord Storey, and others, that that is the key to a good education. We have accepted in full the STRB’s recommendation of a 3.5% uplift in the minimum and maximum of the main pay range—one of the largest increases in 10 years. Last year we published a workload reduction toolkit, and we continue to work extensively with the unions and Ofsted to challenge and remove unhelpful practices that create this unnecessary workload. For me that is the most important issue: most teachers do not feel underpaid but do feel that they are put upon with a lot of unnecessary bureaucracy. That is one of my priorities.

We are also working with Ofsted to produce a new inspection framework. A consultation document will be issued in the next few weeks. The framework challenges the senior leadership teams, during inspections, on the workload that they are imposing on their teachers.

The noble Lord, Lord Storey, raised the issue of structures versus standards.

[The Earl of Listowel]

I welcome what the Minister says about workload, but my strong sense, gained from many people working in the field, is that the emphasis on Ofsted, and the threat that a head teacher may lose their job—and career—over a negative Ofsted report, is too harsh. We need to challenge people but also to get the balance right. I am, therefore, not completely reassured by what the Minister has just said about the framework.

[Lord Agnew of Oulton]

The noble Earl is right in saying that in this country Ofsted seems to command more influence in the sector than happens in other countries. This is a cultural issue, and one of the first things my Secretary of State did when he arrived last year was to produce a video that showed him and the Ofsted chief inspector on a panel trying to slaughter some of the myths about inspection outcomes and so on. It is a cultural issue that we will not be able to deal with overnight. However, I accept his concern.

I am conscious that I am running out of time. The noble Baroness, Lady Morris, is correct: we have cancelled some projects during the pre-opening process. In my view this demonstrates our rigour in ensuring that the quality bar is kept high. The point made by the noble Baroness about good governance is also correct. As the noble Lord, Lord Nash, said, however, 50% more free schools have achieved “outstanding” judgments than the average in the state school system—so something must be going right.

Of course, along the way not everything has gone right, as the noble Lord, Lord Winston, among other noble Lords, mentioned. We have closed some 13 free schools, seven UTCs and 21 studio schools, and where failures occur we take swift and decisive action. I agree with my noble friend Lord Popat that we cannot shy away from failure and that we should address it and learn lessons from it.

I finish by quoting the motto of the academy trust of my noble friend Lord Nash: “Libertas Per Cultum”—freedom through education. Education provides the stepping-stone to improving people’s lives. Free schools play an increasing role in that work.

Young People

Earl of Listowel Excerpts

Thursday 13th December 2018 Lords Chamber

[The Earl of Listowel (CB)]

My Lords, I also thank the noble Baroness, Lady Armstrong, for calling this timely and important debate and laying out the context so helpfully. If I may say so, feeding her experience as a community and youth worker into political discussion and policies in this area benefits the House greatly.

I declare my interest in the register as a trustee of an adolescent mental health service, the Brent Centre, which grew out of the Anna Freud Centre 50 years ago—I am sorry; it is rather difficult for me to concentrate while the noble Lord, Lord Baker, is speaking. Anna Freud’s last work on adolescence was entitled Adolescence as a Developmental Disturbance; I see the noble Baroness, Lady Armstrong, laughing. Adolescence is an extremely challenging time. Freud highlights physiognomic changes and, particularly importantly, the fact that this is the time when a child makes his or her transition from dependence on the mother or father and moves towards adulthood.

During that difficult period, the peer group becomes extremely important, which is why youth workers and community police officers are so important for young people then. They need positive role models in younger adults who they can identify with. If one wants to understand why gangs are such an issue, one needs to recognise that children moving towards adolescence who lack guidance, good role models and support from youth workers may be excluded from school and left to their own devices. It is not hard then to see why gangs exist, according to Freud’s developmental model.

I want to talk in particular about adolescents in children’s homes. They are often the most traumatised young people because not only have they been traumatised in their family home, but they have been removed from their families—a traumatic experience. Often, they are placed in the children’s home only after several placements in a foster care environment. They have had multiple losses. I welcome the efforts and interest of successive Governments in improving the experience of children and young people in residential care. According to Anna Freud’s model, residential care and children’s homes are absolutely appropriate for adolescents. The peer group can be a very good tool in working on these issues. It is no wonder that boarding schools can be an excellent place for many adolescents to grow up in.

However, the level of need in our country was identified some time ago—in 2004, I think—by the Office for National Statistics, which found that 69% of children and young people in such homes have a mental disorder of some kind and 45% of them have a conduct disorder. Those high levels of trauma are typically being managed by people with low qualification levels; if you are fortunate, the residential childcare worker may have an A-level and the manager may have a degree. There have been some improvements in that direction.

There is a variety of young people in such homes. Some of them do not have those kinds of issues, but many of them do. One needs to ensure that those staff are well supported; that is a cause for concern, especially regarding this level of need. Will the Minister look at forming a working group to ensure that staff and managers in children’s homes have the support of a clinical psychologist or a child and adolescent psychotherapist on an ongoing basis? They could then form the healthy and strong relationships with these challenging young people that will prevent them entering the criminal justice—as they do too often—and being sexually exploited, instead going on to have careers, have families of their own and avoid having their children taken into care at a later date.

Special Educational Needs and Funding

Earl of Listowel Excerpts

Thursday 6th December 2018 Lords Chamber

[Lord Agnew of Oulton]

My Lords, this is a new provision. We have radically changed the way that support is provided for vulnerable children. Although no one is happy to see money wasted on expensive tribunal proceedings, the percentage of tribunal cases is relatively consistent with the increasing number of education, health and care plans awarded. We will obviously challenge local authorities where too many tribunal cases occur but they are still learning about this.

[The Earl of Listowel (CB)]

My Lords, I welcome the investment that the Government are making, but is the Minister concerned about the rising number of children with SEND being excluded from school? Does he recognise that high-quality early-years education can moderate behaviours, which will then be improved in primary and secondary schools? Is he concerned that, despite the welcome investment from the Government, families who can benefit from such funding to access high-quality childcare for their children with SEND say that they need more money to be able to do so, pushing the figure towards £300? Will he look at the funding for childcare access for families with children with SEND?