Children and Social Work Bill [HL]
Earl of Listowel Excerpts(8 years ago)
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The Earl of Listowel (CB)
My Lords, it may be helpful for me to make a few remarks on the debate so far. It is very interesting that 10 years ago, if we were debating this matter, we would all have focused on education. The debate here is much more to do with the mental health of these young people; that is an important step forward.
Education has been mentioned. About five or six years ago, about 2% of young people from care were getting to university; more recently, we arrived at 8% and I think that we are down to 7% now. Some local authorities get 15% or more to university, so noble Lords should not despair. We have invested a lot in those young people; we have made progress and we need to make more. In particular, I hope that it may be comforting to your Lordships, and in particular the noble Baroness, Lady Shephard, to hear of the experience of a care leaver who left care with no education or qualifications, who began his education at Feltham young offender institution and recently received his doctorate. Indeed, he is a researcher into young people in care and care leavers. He conducted a survey six months or so ago and found that, among 25 year-old care leavers whom he surveyed, about 30% had gone on to higher education. That exemplifies why this Bill, particularly the first clause, is so important. Those young people have had early challenges to their development, and they are often going to be late developers, so it is the duty of local authorities and the corporate parent to keep in touch with them and keep on offering them help, saying that they are there to help with accommodation, education, training and employment. When they are good and ready and have had a chance to digest and assimilate the difficulties that they have faced, they will very often do well. But you have to keep on offering that hand to them.
I warmly welcome the new duties to provide support for personal advisers to all young people up to the age of 25, but the new duty is distinct from the duty for those under 21. Those over 21 have to request it. Local authorities need to write to these young people and send them cards at Christmas and birthdays saying, “We have not heard from you for a long time, but we are still here for you and we still want to give you a personal adviser and a pathway plan”. I am sure that we will discuss that further.
I was very pleased to hear what the Minister said about his first experience of care leavers and the report from Harriet Sergeant, which I dimly remember. I shall look at it again. I am pleased that he has such knowledge in this area, and I was very gratified to hear what he said about a serious review and shake-up of personal advisers in ensuring that they will be effective individuals to make a difference to those young people.
It is important to bear in mind the pressures on local authorities. I am slightly concerned that one might just say that the system is broken and we need to turn everything upside down to mend it. It has been said across the House that it should be borne in mind that, since the death of baby Peter several years ago, local authority departments have been inundated with calls for the assessment of children and the number of children in care has risen and risen. There has been a growing burden on social workers. On top of that, the cuts we have been discussing and austerity—I am not making a particular political comment on them—have reduced the services that would have kept children and families out of care. There has been a huge increase in the workload, which produces the high turnover of social workers. Over an even longer period, the central area of social work has been lost to a large degree. Many experienced social workers have left over time. Therefore, the Government are exactly right in focusing on recruiting, retaining and developing new social workers. I was very encouraged by what Isabelle Trowler, the chief social worker, said about developing the workforce. We need some patience to see those people going in to rebuild social work departments. We should not be too impatient. We should not be turning the whole thing upside down.
A number of care leavers are very concerned to see that there is a right to recovery from trauma somewhere within the Bill, perhaps in the local offer. In the United Nations Convention on the Rights of the Child, there is a universal requirement that children are given a right to recover from trauma or torture. We should look at this in the Bill.
It is important that we intervene more effectively early on. We have to become a more child-friendly and family-friendly country. We all admire the success of Leeds children’s services. How did it turn its services around? It adopted UNICEF principles and recognised that it had to make itself a child-friendly city that was friendly to the children of the rich and the poor, the Muslim, the immigrant, the Christian, the black and the white, the child of the person in prison and the child in the criminal justice system. It made this its obsession and, as a by-product, it reduced the number of children coming into care and could then focus on giving that smaller group the very best service it could offer. I think this is exactly what the noble Lord, Lord Farmer, said was the case in the Isle of Wight. It reduced the number of young people coming into care so that it could concentrate on improving the service for them.
Finally, I support my noble friend Lord Ramsbotham in his request for a deferral, if possible, of the Grand Committee stage. This is a very important Bill. The more preparation we can have, the better.
Continuing on the question of early intervention, we have more than 100,000 homeless children in England alone. I am currently in contact with a mother whom I have known for five years. She is in temporary accommodation with her 14 year-old daughter and one year-old granddaughter, living in one room with two beds, no refrigerator and no microwave. She is beside herself with worry about her situation and her future.
I am very grateful to Action for Children for its helpful briefing on early intervention to pre-empt the need for children to be taken into care, which has been an important theme of today’s discussion. To the end of making us a more child-friendly country, will the Minister take to his colleagues the suggestion that the Children’s Commissioner should regularly attend Cabinet and sub-Cabinet committees with some of her children and young people so that all Ministers are thoroughly aware of the impact of their departments on the welfare of children and their families? It is good to hear that recently Edward Timpson, the Minister of State, and the Minister met such a group. I think there have been occasions when the Cabinet has met such children, but it is those who do not understand these issues so well who need to hear the voices of children, and that needs to include everyone, even those at the very top.
I wish to be brief, but I hope I can welcome the many positive aspects of the Bill and of the work the Minister and his colleagues have been doing for children and young people in care and care leavers. In the Bill, I particularly welcome new rights for care leavers to personal advisers, the clarification of local authority corporate parenting responsibilities, the extension of virtual school heads, the attention to the continual professional development of social workers and other matters. Outwith the Bill, I commend successive Children’s Ministers on the steps they have taken to listen to the voices of children in care and leaving care. It has been most encouraging to hear the Prime Minister speak of his commitment to improving the lives of young people in care and of his wish to make improving the life chances of all young people the goal of his final years in office.
More students than ever are training to become social workers. I commend the Government on achieving this. My experience of the Minister, the noble Lord, Lord Nash—I hope he does not mind me saying this—has been that he wishes to engage with the concerns of your Lordships and to be as constructive as possible within the constraints of the Bill and finances. I am grateful to him for his constructive engagement thus far.
I shall speak briefly of three areas of concern. They are funding, the role of the Secretary of State and the mental health of the young people affected by the Bill. With regard to funding, I hope we can ensure that no additional financial burdens are placed on local authorities by the Bill. The noble Lord, Lord Wills, has just referred to this. If the proposals for extending the rights of care leavers to personal advisers are as effective as we hope, I am not sure that the £8 million set aside will be sufficient. No budget has been set aside for the establishment of a new regulator for social work that I am aware of. In any case, perhaps that money might be better used on personal advisers and “staying put”, although I am amenable to taking a different view on that.
With regard to the Secretary of State, concerns have been raised by the Constitutional Committee. I am concerned that huge power is given to the Secretary of State with regard to social work development. I heard what the noble Baroness, Lady Pinnock, said about the challenge that social workers have to give to the state and it is better to have it at arm’s length. I regret that I share the strong concerns of many in the field about Clause 15 and the relaxation of children’s rights for the purpose of innovation. Leeds achieved its success without the relaxation of such rights. Rights such as the right to an independent advocate were hard fought for in this House, and have proved invaluable for children in care and care leavers. We need a much clearer explanation of why Clause 15 is necessary before accepting it as part of the Bill.
With regard to mental health, there will be ample opportunities to discuss this further. I was very pleased to hear the noble Baroness, Lady Tyler, go into such detail on that matter. I welcome the intentions of much of the Bill. We need much more detail. I am concerned about the additional powers of the Secretary of State and the relaxation of protections for children. I look forward to the Minister’s response and to working with him and your Lordships on this important Bill.
Queen’s Speech
Earl of Listowel Excerpts(8 years, 1 month ago)
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The Earl of Listowel (CB)
My Lords, on listening to the eloquent words of my noble friend Lord Kinnoull on statistics and the transition from education to employment, I was reminded of the life of Florence Nightingale, broadcast last night on that national treasure, the BBC. Florence Nightingale was, I think, the first female fellow of the Royal Statistical Society and highlighted to Parliament and the public the plight of soldiers in Crimea, particularly in the barracks at Scutari, through the use of statistics. I am sure that she would have strongly supported my noble friend’s concerns. It is thanks to the BBC that I fully understand the importance of my noble friend’s words, and I am so grateful to the BBC for what it has done for me in my education throughout my life. I hope that it will continue to be an institution that inspires and educates our public and the public of the world for many years to come.
I declare my interests in the register as the trustee of two child mental health charities, the Brent Centre for Young People, dealing with adolescents, and the Child and Family Practice Charitable Foundation, assessing children with autism, and a child welfare charity, the Michael Sieff Foundation, as well as being vice-chair of the parliamentary group for children in the care of local authorities. There is very much to welcome in the Queen’s Speech, from my point of view. I hope that the British public choose to remain in Europe and that there will be the opportunity to take these humane and enlightened measures forward.
Outwith the Speech, I particularly welcome the Government’s increasing awareness of the unaddressed mental health needs of many children and young people in the care system. I stress to the Minister, the noble Lord, Lord Nash, and his colleague, the Minister for Health, Lord Prior, the importance to the mental health of those children that those who care for them—the foster carers, teachers, social workers and residential childcare workers—have clinical supervision and the very best support from the health service. Such supervision by a mental health professional is vital if we are to be more effective in improving the lives of these young people and help them to give their own children happier childhoods, most importantly.
I hope I may offer the warmest of welcomes to the Children and Social Work Bill, whose First Reading took place in your Lordships’ House today. I would like to focus on the new duty to provide mentors to all young people leaving care to the age of 25, and the introduction of a new regulatory body for social work. Given the imminence of the Bill, I hope that your Lordships will forgive me if I speak for longer than I might otherwise have done. It was your Lordships who persuaded the Labour Government to extend their care leavers Bill to those care leavers in education to the age of 25. Children are not removed lightly into the care of the state; most will have experienced abuse in their families. The removal process is itself very troubling for many children. While there have been significant improvements in the quality of local authority care and while evidence shows that those children taken into care do better academically than those of their peers who are not removed, young people in the care of local authorities can still experience much further upheaval, and the quality of foster carers, social workers and residential childcare workers can still be variable.
It is unsurprising that young people in care often experience what is called developmental delay. In the short term, this can mean they struggle academically and in finding and keeping employment and are open to exploitation by others, but often they will blossom in their late twenties. That has often been my experience. For instance, Mark Kerr, a care leaver and a graduate of a young offender institution with no educational qualifications, began his studies while in the criminal justice system and recently attained his doctorate. The number of care leavers entering university immediately after leaving care remains troublingly low, at about 7%, and that figure is declining. Dr Kerr conducted a survey of care leavers and found that more than a third had gone on to higher education but, critically, a large number did so as mature students, meaning they do not show up in official statistics, highlighting the delay in their attainment.
It is important to have continuity of care until the age of 25 for all these young people. I pay tribute to the Government for their humanity and engagement in introducing this. On average, children in this country leave home at 24. I hope your Lordships may wish to join me in consideration of the appropriate qualifications, support and caseloads for these mentors. The think tank, the Centre for Social Justice, has been critical of the current arrangements for personal advisers, the mentors for such young people. We need to ensure that this new legislation works for these young people.
Equally welcome is a new social work regulator to focus on training and professional standards. There can be no more exacting job than that of a child and family social worker. With them lies the decision about whether to take a child away from his family or leave him there. That literally is the judgment of Solomon, yet social work has often been neglected. It is a profession that would never have been permitted to decline in the way it once did if its customers, its clients, had been middle class, educated and articulate. It is a great tribute to the Government that they are taking the profession so seriously. I know many Members of your Lordships’ House have campaigned to improve the status of social workers over many years. The noble Lord, Lord Adonis, has played an important role recently in that regard.
There are several other welcome measures which will improve the life chances of children and families on the margins of society, and I wish there was time to speak to them now. However, before closing, I shall say a few words about the Government’s work to improve the mental health of all children, with special attention to children in local authority care. At the end of the last coalition Government, £1.25 billion was pledged for child and adolescent mental health services over five years. The Government commissioned the Future in Mind report on CAMHS and reports focusing on looked-after children have come from the NSPCC, the Education Select Committee in the other place and the Alliance for Child-Centred Care. Edward Timpson, the Minister of State for Children, has been consulting widely on the mental health needs of looked-after young people. The interest of the Duke and Duchess of Cambridge in mental health and their campaigning have been of immense encouragement to those working in the sector.
Those focusing on the mental health of looked-after children have particularly campaigned for improved initial mental health assessments for these children. Most of these children have very complex mental health needs but currently their assessment is being undertaken by generalists, perhaps a GP, which is not sufficient. In future, children should have a mental health assessment undertaken by a mental health professional when they come into care because the current assessment process is, in practice, not effectively identifying their mental health needs and ensuring that they receive the support they need. We know that 60% of children first enter care due to abuse or severe neglect and that almost half of all children in care have a mental health problem. We are missing a huge opportunity to provide better support at an earlier time in their care journey, which ultimately would ease the pressure of support needed when they leave care. That is the view of the NSPCC, the Alliance for Child-Centred Care and the Education Select Committee. It is a view that I share and I hope that it is becoming the Government’s.
For many of us with experience of working with these young people, of equal importance will be a move to clinical supervision for the foster carers, social workers, teachers and residential childcare workers. This need not be financially perilous. Clinical supervision by an appropriate mental health professional can take place during the normal group discussions with children that take place in social care, but would mark a sea change in how we met the mental health needs of these children. With clinical supervision for staff dealing with these children, better and timelier referrals would be made to higher-level mental health services. This in turn would allow a far more efficient use of scant mental health resources. With clinical supervision, the all-important relationship between carer and young person would be better managed. That relationship is the most important tool for recovery from their early shattered and shattering relationships. With clinical supervision, we can avoid the real risk of the escalation of difficult behaviour from young people into violence or of carers themselves resorting to violence, as they have done at times in the past, or simply withdrawing from their young people by either leaving the job or emotionally withdrawing from them.
It was encouraging to hear the Health Minister say last year at a meeting of the Parliamentary Group for Looked After Children and Care Leavers that he was looking at the expansion of the clinical supervision of residential care homes to children’s homes. Clinical supervision would finally move us to a model of social care for young people that was integrated with mental health, and that would be a major step forward in our care for those young people. What further thought are the Government giving to the recommendations set out by the Education Select Committee, including the development of clinical supervision in social care for looked-after children and the improvement of initial mental health assessments?
I look forward to the noble Baroness’s response—perhaps she might like to write me if that is more convenient—and I am grateful to the Government for this important programme of social reform in the gracious Speech.
Children: Maternal Care
Earl of Listowel Excerpts(8 years, 3 months ago)
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The Earl of Listowel (CB)
My Lords, it is a privilege to follow the noble Baroness, Lady Barker. I think I can say that I agree with every word that she said. I was particularly pleased that she referred to the work of the noble Baroness, Lady Cumberlege, and the importance of the continuity of care from midwives, specifically from practices where midwives are there at the beginning of pregnancy, deliver the child and keep in contact for a short time after pregnancy. That is definitely the ideal situation. I am also grateful to the noble Earl for calling this important debate. Many of these issues have been raised with the Minister in the course of the Childcare Bill. A particular concern is that many babies in childcare are often placed with the least qualified and experienced staff. I hope the Minister will perhaps have a chance to look at that.
I would like to address three issues: family learning as a means of promoting ongoing maternal care for children; the particular importance of continual maternal care from conception to the age of two; and the impact of homelessness on maternal care. I hope to concentrate most of my remarks on the area of the Minister’s immediate responsibility, which is schools. I begin by welcoming the new investment in schools by the Chancellor. I am delighted that he has chosen to introduce the sugar tax and will invest the benefit of that in education. The Government have also committed to expand still further the number of academy schools. I hope I may encourage noble Lords of all parties or none to use any business contacts they may have to promote application for high-quality sponsorship. Whatever one may think of academies it is becoming clear that it is vital for our children that there are sufficient excellent sponsors.
On family learning, I suggest that continuing good maternal care throughout a child’s development is becoming increasingly important. On the one hand, fathers are becoming increasingly absent. By the 2030s about 30% of our children will be growing up without a father in the home. On the other hand, housing continues to be in short supply and children are being obliged to remain at school: they cannot move out. It is becoming increasingly important that mothers stick with their children through the difficult adolescent years. Family learning can strengthen maternal relationships through the early school years and so help mothers tolerate their teenagers later.
Family learning can also hit another number of important goals. It improves children’s educational attainment. It engages fathers more effectively in their families. It can help migrant families to settle well, and may help combat childhood and adult obesity. I developed an understanding of family learning by meeting foster carers who had benefited from the prepared reading developed by Dr Andrea Warman at the British Association for Adoption & Fostering. Many of the foster carers themselves had difficulties at school and were taught to draw on those difficulties in efforts to understand the challenges that some of their foster children experienced. The training package gave the foster carers the confidence to read regularly with their children, and the results were significantly improved literacy results for their foster children and a reduction in placement breakdowns—foster parents and foster children sticking with each other. John Coughlan initiated paired reading at the local authority at which he is director of children’s services in Hampshire. Early indications suggested that paired reading also reduced the breakdown in placements in children’s homes.
I then had the opportunity to meet mothers at one of the National Institute of Adult Continuing Education events to celebrate family learning. One mother had had a heroin addiction but was now able to work, thanks to the confidence that she had gained through family learning. Another mother had gone to get driving lessons following her success; another still described her joy at taking her son on a field trip to explore the natural history of a field and pond.
More recently, I spoke with the mother of a child who graduated from the Pimlico Academy, which the Minister established. The mother is the catering manager in a local secondary school and has a second, part-time job in a launderette. She is an immigrant of African origin; she said that in her country mothers will sell their jewellery to secure a good education for their child. Every school day, she and her son and daughter read together for 20 minutes, looking up any difficult words. She spoke of her pride in her daughter’s academic success. Now reading physics at a prestigious university, she gained 12 GCSEs, A*s or As, and four A-levels. Family learning arguably strengthens maternal bonds with children and certainly leads to significant increased attainment. If the Minister wishes to extend academic success to areas of generational deprivation, such as County Durham, he could do worse than to consult the National Institute of Adult Continuing Education and the Workers’ Educational Association. The WEA has spoken to me about how it would position its teachers near the primary school gates to engage parents as their children begin their education.
No doubt, the Minister is also concerned about childhood obesity. Only this morning I heard about a project led by North Eastern Electricity which provides parents with cooking classes so that they can avoid wasting money on takeaways and feed their children more healthily. We heard on the “Today” programme that many schools require their pupils to run a mile a day. Schools find that their pupils lose weight, sleep better and have more concentration in lessons. So it may be possible to offer opportunities to parents to learn about exercise and so encourage their children to walk, and to run with their children. In all the above, I remember my own family experience and the importance for me of learning with my mother and father things such as cookery, reading and other study.
I commend to the Minister NIACE’s report on family learning, chaired by my noble friend Lady Howarth of Breckland, the chair of the All-Party Parliamentary Group for Children. With the expansion of academies, free schools and early years care, and the additional funds, I hope that he may wish to weave family learning much more strongly into what he offers.
On the importance of the continuity of maternal care between conception to the age of two, which the noble Earl, Lord Dundee, emphasised strongly in what he said, I hope that I can pay tribute to the many parliamentary colleagues who have raised the importance of early years to successive Governments. I think particularly of the right honourable Iain Duncan Smith MP, Graham Allen MP, Andrea Leadsom MP and the vice-chair and officers of the All-Party Parliamentary Group for Conception to Age Two—The First 1001 Days, to which the noble Baroness referred. Then there are Tim Loughton MP, Frank Field MP and others. Following on last year’s report for the parliamentary group, Building Great Britons, we recently heard from health professionals from Croydon how their trust was enacting the report’s inquiry in building a seamless partnership between midwives and health visitors, so extending even further the continuity of care to which the noble Baroness referred. I commend the report to your Lordships and am very grateful for the efforts of midwives, visitors and other health professionals to provide excellent perinatal care to mothers.
As a society, we need to give every attention to perinatal maternal care, if mothers are successfully to make a strong, continued attachment to their infant, which is vital to their child’s future health, education, economic independence and own family. I applaud again the Government’s investment, and that of the previous coalition Government, in health visiting, and indeed the resurrection of that service.
In my final area, I would like to explore the importance of homelessness on maternal care. Here again the perinatal period is a particular concern, and I much appreciate the work that the London Scholars at the University of East London have undertaken in the last six months of the effects of homelessness on perinatal maternal care. I await those conclusions. I was grateful to the noble Lord, Lord Bates, for undertaking to the noble Baroness, Lady Lister of Burtersett, that the Government would review policy on those pregnant women in detention, awaiting immigration removal, on Report of the Immigration Bill. Regrettably, in recent years the number of homeless children has increased to 100,000 in England alone. The Government’s legislation on housing and planning and their investment are a golden opportunity to make more secure affordable housing available to families with low incomes. I declare my interest as a landowner and residential landlord.
Again, I am very grateful to the noble Earl for calling this important debate and look forward to the Minister’s reply.
Schools: Food Nutrition Standards
Earl of Listowel Excerpts(8 years, 4 months ago)
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The Earl of Listowel (CB)
My Lords, will the Minister join me in paying tribute to dinner ladies, who provide a very important relationship to children, and who, perhaps through that relationship, can encourage children to eat well and healthily?
Education and Adoption Bill
Earl of Listowel Excerpts(8 years, 6 months ago)
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Baroness Hughes of Stretford (Lab)
My Lords, I welcome the opportunity to respond to the amendments in this group after our deliberations in Committee. Before doing so, I apologise to the House: I very much wanted to take a full part in this debate, having raised many of these issues in Committee, but I have a personal appointment first thing in the morning in Manchester which I must keep. I am afraid that I have had to book a train to get me home tonight and, depending on how long Report stage takes, I may not be here for the end of the debate. I apologise for that.
I welcome the two government amendments in this group. Under Amendment 15B, the regulations on defining coasting will on the first occasion they are presented be subject to the affirmative resolution. That is a very welcome change on the Government’s part. I thank the Minister for taking the time to alert me to his proposals before today, and that was one of them.
I also welcome government Amendment 24, which, as the noble Lord, Lord True, said, enables—as we argued strongly for in Committee—parity of treatment between academies and maintained schools where they are defined as coasting, in need of improvement or in special measures. This is very important, particularly given the Government’s aspiration for all schools eventually to be academies. It is very important that we are clear about the process that will pertain when an academy is coasting or in need of significant improvement. Will the Minister therefore elaborate on the detail and explain how this will work in practice?
The Minister has rightly stressed throughout these debates the importance of acting quickly when a school is coasting or in need of significant improvement. As he has said on many occasions, a day longer in such a school is too long for any child. I agree. Will he say something about the timescale that he envisages will apply if and when these provisions are used in relation to an academy? The amendment refers to the warning notice. Proposed new Section 2B(4) states:
“The Academy agreement must provide … the power to terminate the agreement … if the proprietor has failed to comply with a … warning notice … on time”.
What does that mean? What timescale are we talking about for implementation?
The amendments take us to the end point of giving the Secretary of State a power to terminate an academy agreement. I presume that that means that a school would not go back to being a maintained school and that it would close or become a new academy with some other sponsor. Is this correct? Will the Minister elaborate on what will happen to the school and the children if the original agreement is terminated? Again, stressing the need for children’s education to be protected, how long does he envisage it will be before alternative arrangements are in place?
Proposed new Section 2B(5) enables the Secretary of State, by regulation, to specify academies that will not be included in these provisions. What does the Minister envisage here? Does that mean that general regulations will be introduced that elaborate on the procedure by which these measures will be implemented? If so, by what means will this House approve them?
The Earl of Listowel (CB)
My Lords, I will speak to my Amendment 14 in this group, which aims to ease the return of children who are absent from school for reasons such as leukaemia, spinal injury and mental health issues by making it easier for schools to take them back. Before I do so, I join in the thanks from all sides of the House to the Minister for listening to the concerns raised in Committee, and in particular for tabling his Amendment 24. I am most grateful to him, and to my noble friend Lord Sutherland for attaching his name to my amendment.
My amendment would take data on the academic attainment of pupils absent for more than 15 days in any school year for medical reasons out of the assessment for coasting schools. The noble Baroness, Lady Massey, whom I see is in her place, organised a meeting to discuss these issues a short while ago. We heard concerns that such young people are not always welcomed back with open arms by their schools. There may be a disincentive to support pupils who have had a significant time away due to illness. Head teachers may feel less confident about such pupils achieving their predicted grades. We heard from a young woman with a spinal injury who returned to her private school, which is very academically based. She certainly felt that she was not welcomed back.
In the statutory guidance supporting pupils at school with medical conditions, there is an expectation that local authorities should make other arrangements for the education of pupils who are,
“away from schools for 15 days or more because of health needs (whether consecutive or cumulative across the school year)”.
Fifteen days’ absence over a school year would be a suitable criterion for excluding those pupils’ results from schools’ reported data.
My hope is that this amendment would encourage the re-integration of pupils and ensure that schools’ results more accurately reflect the quality of their teaching. I am grateful to Dr John Ivens, head teacher at the Bethlem and Maudsley Hospital School, for suggesting this amendment. I would be most grateful if the Minister considered making such a change to the recording of coasting schools’ data, and if he considered applying such a measure to the whole school population, thereby easing the re-integration into school of all children absent for medical reasons. I look forward to hearing the Minister’s response.
Lord True
My Lords, I agree with many of the remarks of the noble Baroness, Lady Morris, about the role of parents. It may have been 30 years ago that we had the disgraceful intimidation and political machinations in the consultation over grant-maintained schools. However, as I said at Second Reading, if you look at the anti-academies websites and those of many of the other activists who want to stop academies, you will see the same sentiments, tactics, and calls for strike action and action against this measure, so I am afraid that that spirit is still out there in the world. However, the new leadership of the Labour Party may stamp it out, and I look forward to that.
Of course, parents have a role. I do not want to repeat what I said at Second Reading as this is Report, but we need to watch this legislation. My local authority was very grateful to receive a visit from the Prime Minister on Monday, who praised the quality of our children’s services. Many local authorities perform well, and it is a pity that those authorities are not given more space. I am concerned about bureaucracy in connection with the regional schools commissioners but we must address the Bill and the amendments that are before us. The worst amendment in this group is—perhaps not surprisingly—the one that has attracted the interest of the Liberal Democrat Benches, namely Amendment 16A. I would be very disappointed if colleagues on the other side of the House united to support it. The amendment is concerned with schools that are causing concern where children are being failed and where intervention is needed. It proposes that we should delay intervention while someone consults the very governors of the school who have failed the pupils at that school. Those governors are referred to in proposed new subsection (2)(c) of the amendment. Are we in the House of Lords going to state in an Act of Parliament that the very people who have failed children must be consulted before something can be done? I cannot believe that we would support that.
It may well be that the “relevant local authority” referred to in Amendment 16A has failed, and that its performance is causing Ofsted concern. Why, then, should we insist that it be consulted when a school’s children need to be helped, or, indeed, that the teachers at the school should be consulted, as proposed in new subsection (2)(b) of the amendment? It has to be said, although it is harsh, that the teachers at the school may be some of the people whose performance has caused the problems. Therefore, I would be astonished if the Labour Party, which at least pays lip service to supporting academies—I am never quite sure whether the Liberal Democrats support them or not, but most of the time they seem not to do so—were to line up with the Liberal Democrats and say that we must have an elaborate consultation involving the very people who failed children in the first place.
This amendment also refers to,
“the minimum length of time that must be allowed”.
At the very least we should have the maximum time allowed—I suggest no days for pursuing or consulting a governing body that has failed children.
The Earl of Listowel
My Lords, listening to this debate, I feel it is finely poised. It is so important to bring parents along with one and it is so important not to delay in improving the educational experience of young people. I wanted to say a little in praise of academies, from my limited experience. When, under the previous Government, the legislation introducing academies came to this House, I strongly opposed it for a number of reasons. One was that it seemed to place structures above the most important thing, which is getting excellent teachers into the classroom.
My experience, from when I first entered your Lordships’ House, has been of the truth of the inverse care law. That is, that the most disadvantaged, poorest people and children are cared for by the least well-paid, lowest-status, least well-qualified people. In social care and in education, our aim should be to recruit and retain the very best people and put them on the front line with children and vulnerable families. I was therefore concerned that the focus was not right.
However, what I have heard in the course of discussing the Bill has somewhat encouraged me. First, for those who attended the meeting with the regional schools commissioners and the head teachers of academy schools, I think it came through very clearly that the benefits brought by academy status, in terms of the governance and leadership of schools, were described positively as bringing fresh blood and excellent governors to the boards. We have heard repeatedly in recent years, and very recently from Sir Michael Wilshaw, that there is continuing concern about the quality of governors. It was good to hear the noble Baroness, Lady Pinnock, provide some comfort that, thanks to new regulations, in her experience at least, two new governors had come on to her board from local business. However, clearly that is not happening everywhere.
I was grateful to the Minister for arranging for me to visit the Ark school, King Solomon Academy, in Marylebone. It is in an area with a high level of free school meals; the area is very multi-ethnic, with a large migrant population. It is also the best performing non-selective school in the country. I learnt that there was outstanding governance there; superb leaders had come out of the City with a vision and had driven the school forward. The head teacher, Max Haimendorf, was recruited from the Teach First scheme—he was maybe only 28 when he became head teacher—and most of the other teachers are also from Teach First.
I reflected that, by this process of encouraging the very best governance in schools, one achieves the aim that I, and I think many others, have of finding the means to recruit and retain the very best teachers, at the front line. I hope I make that point clear. It seems to me that one benefit, which I hope will increase over time, is that by improving the governance and leadership of our schools, they will attract and retain the very best teachers, delivering those teachers to the vulnerable pupils who need them most.
Baroness Howarth of Breckland
Briefly, this debate has shown that both sides are right. There are two issues being debated. One is that parents must know what is happening when a school is changing. Whether that involves some sort of consultation seems to be the question but if parents do not know throughout—indeed, from the very beginning—there is something severely wrong with the school. All the instructions within a school should lead to the governors, the teachers, the head teacher, making that communication with parents from the very first day that something seems to be going wrong. If the outside world does not know, Ofsted will make it clear at some inspection that it knows there is a problem in the school, or there will be some event that makes it absolutely clear. The parents will therefore know that.
Whether parents should then be consulted is an interesting question. I think parents should be involved all the way along in discussion and understanding but I rather question what the noble Lord, Lord Watson, said. I am sorry that we seem to have a fundamental disagreement about where children stand in relation to parents. When he said that democracy was crucial but that it may come to unwanted outcomes, for me an unwanted outcome cannot be that a failing school is allowed to continue because parents have a particular connection with governors and teachers. We have seen that in some schools, where together they do not want change that would be in the best interests of the individual children. I had wanted to congratulate the Opposition, because they began the academies. The academies have worked but are not the total answer. I absolutely agree that local authorities do not get the praise that they should, not only in education but throughout the work that they are struggling with. If we got more balance in that, it might also help.
I agree with the point made by the noble Lord, Lord Storey, that we have to take a positive view of the way that academies are deliberated on, particularly with parents in that consultation. But we are talking about process, not principle, and the process is absolutely essential to make sure that everyone is involved, certainly local communities. It is not only parents who take a great interest in their school because it is a central part of the community’s life. But no one in my village is at all uncertain about the fact that the school has gone through a series of changes. It has been in special measures at one point and is now an academy. The discussions have gone on in the village because those changes are generally known.
I hope that the Minister will ensure that that kind of communication is enforced because I cannot imagine what it would be like if it came as a surprise to a local community, particularly to those parents who depend on a small school in rural areas where choice is limited. I reiterate that the children’s needs are paramount and if democracy was to overrule that paramountcy, then I fear that I am no longer a democrat. I would rather go for ensuring that children really get the education that they deserve.
Education and Adoption Bill
Earl of Listowel Excerpts(8 years, 6 months ago)
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Lord Storey (LD)
My Lords, I will speak to Amendment 4, which is in my name and that of the noble Earl, Lord Listowel. I think that the noble Earl has withdrawn from that, so I am now—
The Earl of Listowel (CB)
If it would be helpful to the noble Lord, I think that Amendment 4 is in the next group.
Lord Storey
My Lords, I shall speak to Amendments 3 and 4. I was taken with the comments made by the noble Baroness, Lady Evans, in Committee when, speaking for the Government, she said:
“I absolutely agree that the mental health of adopted children is a key issue”.—[Official Report, 17/11/15; col. GC 38.]
She went on to say that the £1.25 billion would be available and how the Future in Mind report would be implemented. Of course, we all want to see children who are in adoption find the right parents to adopt them as quickly as possible, but we also want to make sure that that adoption works. It is no good children being adopted if the adoption then breaks down.
One of the reasons that adoption regularly breaks down is that we have not properly assessed the children, particularly in relation to mental health. If we want to make sure that adoption works, we must put this crucial area right. I will not—well, I will—repeat the figures that 45% of children in care have a mental disorder, which is a huge number, while 60% of those who come into care have experienced neglect or abuse.
How do we ensure that we get this right? To me, it is very simple; to use an old expression, it is not rocket science. It is about providing the expertise and the resources but also about making sure it happens, which is why these amendments actually specify how it should happen. Like the noble Lord, Lord Watson, I cannot understand why the Government would not agree to that. It will be to their credit, and to the success of the Bill, that children who are adopted or who go into care are in the right situation and getting the right support.
We have come a long way in terms of mental health issues in the last few years—and it literally is only in the last few years. One of the areas I am concerned about is that we say, “Oh, there’s a strategy; there’s X amount of money available”, but often those resources do not go to the right people. I know from experience and from talking to other teachers that getting CAMHS into schools now is much harder than it was a few years ago. Never mind a few weeks’ wait, it can often be several months before that support is given. So I wonder whether, when the Minister replies, we might hear how mental health support might be given to schools in a more orderly and speedy way.
I repeat that I want it enshrined in the Bill that we do the assessment for children and young people as soon as possible so that we get it right. In replying, perhaps the Minister could say whether, if the mental health strategy comes out and says that, the Government will agree to it and implement it as well.
The Earl of Listowel
My Lords, I will speak to Amendment 3 first, which I think is an excellent amendment. I wish to be very brief at this stage because I found the Minister to be most helpful in addressing my concerns in Committee and since then. Before I speak further about that, I thank noble Lords who have spoken on all sides of the House in support of amendments that I have tabled previously in this area to better address the mental health needs of looked-after children. I am most grateful to the noble Lord, Lord Storey, the noble Baroness, Lady Benjamin, and the noble Lords, Lord Hunt of Kings Heath and Lord Watson, for their support over those concerns.
Since Committee, I have received a letter from the Minister on the mental health needs of young people. I have heard that the office of Edward Timpson MP, the Minister for Children, will be contacting me about a meeting, which will be very helpful in this regard. I also heard him speak yesterday at the Nuffield Foundation at the launch of a report into the educational achievement of looked-after children. I was very much struck by his recognition that the mental health needs of looked-after children had not been properly addressed in the past and heard, in what he said, his real commitment to addressing these issues for them. We have yet to learn the specifics of what he intends to do, but I feel that the direction of travel is just right, and I look forward to meeting him to discuss the specifics of what needs to be done.
I will not speak to my amendments, and nor do I expect the Minister to respond to them. Being as brief as possible may be the most helpful thing I can do at this point, unless the Minister would like me to speak briefly to my amendments—if that would be helpful to him—in which case I would be glad to do so. But my feeling was that the Government have been very helpful and I do not wish to push things any further or take any more of your Lordships’ time at this moment. I look forward to the Minister’s response.
The Earl of Listowel
In welcoming what the Minister said, and in noting that the noble Lord, Lord Prior, is sitting next to her, which is comforting in this current discussion, I ask her whether she has quite recognised the nub of the concern of Peers all around the House. While current practice is that a GP, a generalist, will give a health assessment that will include mental health elements when a child comes into care, many of us believe that that is inadequate, and we have been trying to communicate this to the Government. While there is a strengths and difficulties questionnaire, which is useful, it simply does not meet the need for a mental health professional to undertake an initial assessment of all children coming into care so that their mental health needs can be identified early on and they can then be met with services following. I listened with great care to what the Minister said and it was very helpful, but I hope that she can assure us that the Government recognise that that is the concern that many noble Lords are raising—the need for a specialist mental health professional to do that initial assessment for every child coming into care.
Lord Watson of Invergowrie
My Lords, I thank the Minister for her reply, along with all other noble Lords who have contributed to the debate on this group of amendments on this important area.
I was very pleased that the noble Earl, Lord Listowel, had received a letter from the Minister for Children and Families, I think he said, subsequent to our last sitting in Committee. I wonder whether he might be prepared to share that with us because it might have information of general interest to those of us who have been involved with the Bill and are looking to take these issues forward.
My noble friend Lady Massey raised an important point about what the outcomes of not providing this proper mental health care could be. You do not need a very vivid imagination to foresee that there will be many effects, once children reach adulthood, if some of the issues with which they are trying to deal in childhood are not adequately cared for and are allowed to get worse as they approach adulthood, not least at a time when they have to go out into the world and live on their own. That is an important point and it was well made.
The noble Baroness, Lady Howarth of Breckland, if I noted her point down correctly, talked about the resources being targeted at need rather than category. I very much agree, as she will know. Despite what the Minister said, I do not doubt that the Government are committed to other forms of care but it looks as if this is given a disproportionate amount of attention; it is the only one involved in the Bill, and then there were the remarks—attributed to, I think, the Prime Minister in his speech in November—that further legislation was somewhere in the pipeline,. Those working in the other categories would value something of substance from the Government to say, “We’ve looked to beef up the ability of the adoption sector; now this is what we are doing for the other sectors”. I hope that the Minister will bear that in mind and that the Government will come forward with that in due course.
The Minister said that mental health care for children in adoption was a key issue for the Government. I am perfectly willing to accept that, but I come back to the point made on Amendment 2 that there should be an assessment prior to placement. In response to that, the Minister said that assessments were carried out prior to placement but she seemed to say, and I hope that I am quoting her correctly on this, that both types of assessments—that is, physical health assessments as well as mental—were included. That is very welcome, but it is not understood by the organisations involved in adoption, judging by the comments they have made to me and other noble Lords as the Bill has progressed through its various stages. It therefore might be helpful if she could write to me, perhaps to expand a bit about what mental health assessments are given prior to placement, as I think everyone involved sees that as a key issue.
The Minister also mentioned the £4.5 million that the Government have provided to accelerate the establishment of the regional adoption agencies. While that is welcome, I made the point in moving the amendment that that is seen to be if not running dry then already running a bit thin, and I wanted some assurance of what might follow that. She mentioned another sum of £12.5 million. I do not know whether that will be used in the same way. Some of it might be, but certainly the feeling among the adoption agencies is that £4.5 million will get things started but will not take the whole process very much further, and that additional resources will be necessary.
When the Minister assured me that the Department for Education works closely with the Department of Health, I thought, “Well, of course you would say that, wouldn’t you?”. However, a serious point is: how will the progress of implementing the recommendations of Future in Mind be reported? How can they be monitored and made available to organisations in the field that are involved in their delivery to some extent but which also care about being able to trace the effectiveness of those recommendations that are put into place? Some form of reporting would therefore certainly be valuable. Again, I ask either of the Ministers whether they would be prepared to write about that, because £1.25 billion, which is over a five-year period, is a huge sum of money—although I am not sure when the five-year period started. I think I am right in saying that Future in Mind was published in 2012 but I do not know whether that was the start of the five-year period. However, that is one of the questions that may well be answered in the Minister’s response.
We have had a number of helpful comments from the Minister. Those involved will be happy to take some of them forward and, I hope, to build on them, but at this stage I beg leave to withdraw the amendment.
Education and Adoption Bill
Earl of Listowel Excerpts(8 years, 7 months ago)
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Lord Addington
It is still a school or an academy, and if we remembered that it might help some of the progress on this Bill.
Regarding some of the points raised by the noble Lord, that school sits on sports grounds that have served half the sports clubs in the area. Indeed, the club where I started my career—I should declare—and finished, started on those grounds. These are the sorts of things that need to be worked into the system. We have to try to get them in somewhere along the line. On its use as a community asset, the noble Lord will not know the place but these are acres of prime playing fields in the heart of one of the fastest growing cities in the country. They are wonderful playing fields on flat, open ground that have been used as an asset by everything going on there. How we build on such a utility is something that should be taken into account. What are we doing on the broader picture? That has not been brought in here, and it should. The fact that the community and parents should be given that courtesy is self-evident. That greater asset to the local community is something we seem to have missed so far.
The Earl of Listowel (CB)
My Lords, I shall be taking part in the Second Reading of the Welfare Reform and Work Bill, so I apologise to your Lordships if I cannot be here for much of this afternoon’s discussion.
Listening to this debate, I think back to the experience of my half-sister, who for many years was a school librarian in Canada. She would complain about fathers coming in and taking books for their three year-olds about the planets and stars, which were completely inappropriate for the age of the children in question. Fathers were expecting children to understand things that they had no possibility of understanding. I think that probably happens a lot in the education system and outside it. People feel very strongly that certain things are important and others are less so.
My concern with sponsors is that they may have a very strong vision; sometimes that is a very positive thing, but sometimes that may not be so helpful. That is why I am interested to hear from the Minister, in a letter in due course, about the selection, training, support and development of sponsors, and why I have some sympathy with the concerns expressed by the Committee about who these sponsors are and who guards the sponsors. I look forward to the Minister’s response.
Baroness Hughes of Stretford (Lab)
My Lords, I will make just a few comments on this group of amendments. I, too, apologise that I will not be able to be here for the whole Committee sitting. Unfortunately, because of other commitments I will be in and out a little bit.
I support the spirit of Amendment 25. I cannot see any reasonable and valid arguments why chains of academies should not be routinely inspected. The noble Lord, Lord Sutherland, made the point that that discretion could be left with Ofsted, but if it does not actually inspect chains I do not know how it will know whether or not it needs to inspect them. They ought to be brought into the fold of those organisations that Ofsted routinely inspects.
I want to focus on parents and what I believe is the right of parents to be both informed and consulted about significant changes to the status and organisation of the school in which their children are pupils. We touched on this in an earlier meeting. We have since had, just before this Committee session started, the response of the noble Lord, Lord Nash, to the noble Baroness, Lady Sharp, who raised some of these issues. It is now clear from this letter, notwithstanding the comments of the noble Baroness, Lady Evans, at the previous meeting, that in relation to a failing school the governing body does not have a duty to inform parents; it is required to take reasonable steps, but we all acknowledged in Committee that in many instances that does not happen. So there is not a duty on the governing body specifically to inform parents if Ofsted has decided the school is failing and that consequences will follow.
The noble Lord, Lord Nash, also admits in the letter that:
“There are no requirements within the Bill for the governing body to have to inform parents that the school has been identified as coasting”,
by the regional schools commissioner; nor is there a requirement on the regional schools commissioner to inform parents that he or she has decided that the school is coasting. It seems that, when it comes to these important matters, parents are falling between a number of bodies which may or may not decide that they should inform parents and which may or may not consult them. It is in the gift of the Government to make that a duty and to bring the rights of parents to information and consultation to the fore in the Bill. Surely that is right.
As the noble Lord, Lord Storey, said, the only argument we have heard against that so far is that the Minister thinks that that would delay things at a time when speed is of the essence in setting matters to rights when a school is not performing. But that is within the Government’s own gift. The Government could set strict time limits. They could set down the means by which that consultation should take place. They could set that in statute or in regulation to minimise any delay, but that could still involve putting the rights of parents to information and consultation to the fore as an equally important principle, along with the others in the Bill.
I look forward to hearing the Minister’s response to that point, because if he is still relying on the very weak argument that this would cause unnecessary delay, he really has to say why the Government do not grasp that nettle and bring forward proposals that would minimise delay but still involve parents in decisions about their children.
The Earl of Listowel
My Lords, I thank the Minister for his helpful reply. I found it very reassuring in terms of my particular concern about sponsors. I think that he was saying that most sponsors will already have a track record, and they will be the ones who are being looked at.
Perhaps he could say what proportion is likely to be coming in new to the field, and answer this example. Let us say I ticked all the boxes to become a sponsor for an academy, and seemed to be a very good person to do the job, but I thought that schools were places for work, not play, and that school playtime should be quite short. What would be the process to enlighten me that that is not the case or to weed me out and keep me away from the academy? How much influence might I have? I am thinking here of the story of an academy, which may be apocryphal, that was built without playgrounds for some reason, as somebody believed strongly that that should be the case.
Lord Hunt of Kings Heath
My Lords, is the noble Earl aware that 28% of five to 15 year-olds are either overweight or obese? Is that not the point that he wishes to stress on this issue?
The Earl of Listowel
I thank the noble Lord for saying that. That is a very important point which, with his health background, he would raise. I am simply trying to give an example of a possible candidate and how he might be processed by the system. But from what I heard from the Minister just now I am very much reassured that most of these academy sponsors will be experienced and will have a track record, and we can have confidence in them because of that.
Lord Nash
If the noble Earl is contemplating making an academy sponsor application, I am sure we would be happy to guide him through the process, but as the noble Lord, Lord Hunt, says, if he is serious about restricting play space, we can save him the bother. I believe a visit is being organised shortly to King Solomon Academy, which is a remarkable school. From memory, I think the statistics are that about 60% of children get free school meals, 90%-plus get five A*s in English and maths, and more than 75% get an EBacc. The noble Earl will have formulated his views on academies and we can discuss his pending sponsor application in more detail.
The Earl of Listowel
“(f) the provision of child and adolescent mental health services for children in the adoption system;(g) the assessment of the mental health needs of children in the adoption system”
The Earl of Listowel
My Lords, I shall speak also to my Amendment 34A. I know that the noble Baroness, Lady Benjamin, regrets not being present and would have liked to support these amendments—she spoke eloquently on these issues at Second Reading. Perhaps I may also say how good it is to see the noble Lord, Lord Hunt of Kings Heath, in his place. When he was Education Minister many years ago taking through Parliament the Children (Leaving Care) Act, he listened to the concerns of noble Lords and extended protections for children.
Lord Hunt of Kings Heath
I should just correct the noble Earl: for some reason, they would never let me near the Department for Education. I took the Children (Leaving Care) Act through as a Health Minister. Of course, I well recall our debates, because the noble Earl eloquently and consistently raised the issue of the poor outcomes of children in care, and we were concerned about the transition from care into adulthood and about making sure that there was still a duty on local authorities to support. We made some progress but, alas, the figures speak for themselves as regards the outcome for children in care. That is why this issue of mental health is so important.
The Earl of Listowel
I could not agree more. If we are reflecting for a moment on the past, Governments have invested a huge amount of money and resource into young people in care, and perhaps that money might have been better spent if more thought had been given to ensuring that mental health was fully integrated with all the educational support that is given to young people in care.
Amendment 32A extends the ability of the Secretary of State to allocate functions and includes the provision of child and adolescent mental health services for children in the adoption system as well as an assessment of their mental health needs. I suppose that the Secretary of State might say of a charity such as the Brent Centre for Young People, “They do a very good job—maybe they should do it more widely, and maybe a certain local authority needs them to give it help in this particular area”.
Amendment 34A ensures that the quantity and quality of mental health support provided for in the adoption system will be maintained or improved by these steps to ensure that there is a movement forward, not backward, in any changes made. The headline I put to your Lordships is that, while this is quite narrowly focused on children in the adoption system, I hope that the Minister might allow me to make a plea for improved mental health support for young people coming into care. In particular and most important, currently, children who come into care have a health assessment by a GP, which is welcome. I will expand on this later, but they really need a mental health specialist or perhaps a clinical psychologist to give them an assessment that is focused on their mental health. Following on from that assessment, they need the services that follow to help them meet the need to recover from the trauma that many of them will have. Therefore, that is the headline I put to your Lordships: an appropriate clinical professional at the very beginning, the services to follow up, then ongoing monitoring to ensure that those services are being provided, as well as of the mental health of the young people. That would make a huge difference.
I am most grateful for the many measures that the Government have taken to improve the adoption system, in particular with the assistance of my noble and learned friend Lady Butler-Sloss with regard to the adoption support fund. I look forward to hearing from the Minister how that will apply to this particular area, and on accelerating the adoption process so that children get to a loving family more swiftly than in the past.
There are challenges. As the noble Lord, Lord Storey, said, 60% of children who come into care have experience of neglect or abuse, and 45% have a mental disorder in care as against 10% of the general population. Therefore it is not surprising that they will have often experienced trauma in their lives before arriving into care. Being taken into care—being taken from one’s family—is a traumatic process in itself; then there may be further trauma as regards shift of placements in care. Therefore, there is a huge mental health element to the work that needs to be done here as well as the educational attainment, which is being better grasped for.
It is very welcome that the Children’s Minister, Edward Timpson MP, is well aware of these issues. His father has written on the issues of attachment in the past and, of course, Mr Timpson has siblings who are adopted. He is very sympathetic and has been meeting with the NSPCC and young people who have left care recently to discuss these particular issues. I commend him for paying such attention to this area.
The Earl of Listowel
My Lords, I hope it may be helpful to the Minister if I fill in a large omission that I made in my opening statement; I apologise to the Committee for not having alluded to this. One important issue is the cuts to local authorities over the last several years. One understands why those cuts have had to be made, but it is a particular dimension of child and adolescent mental health services that half the funding comes from health and half from local authorities—the noble Lord, Lord Hunt, might correct me if I am wrong. However, for some reason the cuts to local authorities have particularly impacted services under CAMHS, so there is very little CAMHS around. Therefore to target the CAMHS resource at the most needy children might be an improvement with regard to using a scarce commodity in the most effective way. However, in any case, because of the scarcity of resource and because of our particular responsibility for these children in the care of the state, we should take more steps to ensure that they get the appropriate specialist mental health service that they need.
Baroness Benjamin (LD)
I will quickly say why I support Amendments 32A and 34. I am very sorry for not having been here earlier, but I am on the Select Committee on Communications; we are looking at the BBC charter renewal and were just questioning John Whittingdale, the Secretary of State.
I am here because we must ensure support for all options for looked-after children that are considered, whether they remain in care, leave care independently or live with a special guardian. I support Amendments 32A and 34A because they will create provision in this Bill to improve the timeliness and quality of mental health assessment and support for all looked-after children. Looked-after children have significant needs, and improvements are needed to ensure that their emotional well-being is better promoted.
We have an increased focus on children and young people’s mental health, but we must not forget children in care, who are sometimes the most vulnerable children. One young person told the NSPCC recently that the trauma associated with the abuse that she experienced was not picked up on her early entry into care. She felt that she did not receive help until she reached crisis point. She said:
“We shouldn’t have to do crazy things before people notice we need support and do something”.
That is why I put my name to the amendment. I see that it is not on the list, but I did put my name to it because I feel very strongly that it should be given as much consideration as possible. It creates such provision in the Bill that will make sure that children’s mental health is assessed automatically and supported much earlier in the adoption system.
Another young adult, Liza—not her real name—told the NSPCC that before turning 16 she had around 15 placements and between 20 and 25 placement moves. This caused her so much stress and trauma because she had to travel around from place to place, which was extremely tiring, both physically and mentally. Reflecting on this experience, Liza made it clear to the NSPCC that she would have benefited from easier access to therapeutic services which would not have required her to travel long distances. Liza’s experience is not untypical of that of many children in care who struggle to find the right therapeutic support. Amendment 34A, which I support, would require the Secretary of State to oversee an increase in the quality and quantity of therapeutic support services and would create provision in the Bill to stop more children having the terrible experience that Liza outlined.
Almost two-thirds of looked-after children have experienced some sort of abuse or severe neglect, and 45% of children in care have a mental health disorder compared with just 10% of the general child population. We know that looked-after children are four to five times more likely to attempt suicide, less likely to attain good results at school and more likely to end up homeless. However, the mental health needs of children in care often go unassessed and unidentified and there is a substantial lack of mental health support for these children.
Current guidance from the Department of Health and the Department for Education on mental health assessments for looked-after children does not go far enough. The BBC—I have the BBC on my mind; I am sorry. The NSPCC believes that the important aspect of quality support in Amendment 34A relies on quality assessment as outlined in Amendment 32A, so the two go together. Looked-after children’s initial health assessments rarely include the involvement of mental health professionals, thereby reducing the chances of identifying their mental health needs. Furthermore, there should be direct contact with the child and their carer to fully explore the child’s emotional and mental health needs. We have to make sure that children know that they are being considered, no matter where they are from.
I welcome the Education and Adoption Bill but urge the Government to include specific measures around mental health in particular: all children entering care should receive an automatic mental health assessment in addition to the physical assessment that they currently receive; children in care should then immediately receive the subsequent necessary support to help them deal with issues of mental health identified in the assessment; and there should be regular monitoring of children’s mental health while in care to inform the support the child receives and ensure that it contributes to their improved well-being.
The NSPCC recently released figures which show that more than a fifth of all children referred to local specialist NHS mental health services, including children with problems stemming from abuse, are rejected for treatment. This cannot go on. Children who have been abused or neglected could face serious long-term mental health problems because of the lack of support. The NSPCC recently stated that this is a serious “time bomb” because it is getting worse, not better. So I hope that the Government will take on board the things that I have said and support this amendment. This is something that we need to address in the best way possible. I hope that the Government will consider the amendments in the constructive spirit in which they are intended as the Bill moves through Parliament.
Baroness Evans of Bowes Park
Clinical commissioning groups have been working with their local authority partners to develop local transformation plans to improve their local offer based on the recommendations. These plans, alongside additional government funding, will cover the full spectrum of mental health issues, including, crucially, addressing the needs of the most vulnerable children.
Improving assessment of and support for looked-after children will be a key priority in our programme of work. We welcome the recent report on this issue from the NSPCC, as mentioned by a number of noble Lords, and agree that getting assessment right when children enter care is critical. All looked-after children already have an annual health assessment, which must include an assessment of their emotional and mental as well as their physical health. That assessment, which informs the development of their health plan, should take account of the information provided from the strengths and difficulties questionnaire which is completed by their carer. The guidance also sets out clear expectations that all looked-after children should have targeted and dedicated support through child and adolescent mental health services and other services according to their need, arranged by CCGs, local authorities and NHS England. However, I accept the point made by the noble Earl that, for some young people with a range of problems, a follow-on referral to specialist health services is required.
The Department for Education hosted a round table last month, bringing together children’s social care and mental health stakeholders, to discuss how to improve mental health services for adopted children. As a result, we are considering how centres of excellence, possibly linked to regional adoption agencies, might enable the mental health needs of looked-after and adopted children to be better met.
At the moment, the specialist support that many adopted children need in order to address the effects of abuse and neglect in their early years is simply not available in their area, as the number of adopted children at local authority level is too low to ensure that the right provision is there. Assessment and commissioning of specialist support on a regional scale will allow providers to expand their services, provide better value for money for the taxpayer and help ensure that all adoptive families receive a consistently high quality of assessment and provision.
In addition, we are providing £4.5 million of funding this financial year to accelerate the development and implementation of regional adoption agencies. Adoption support, including mental health, is a key element of that. We are clear that regional adoption agencies must have a focus on improving the assessment of adopted children’s mental health needs and the provision of appropriate mental health support services.
Regional adoption agencies will be able to make use of the government-funded Adoption Support Fund, as the noble Earl mentioned. More than 2,000 families have already benefited from £7.5 million of therapeutic services provided by the fund for adopted children and their families. We know that getting a high-quality assessment of need is critical, and local authorities are increasingly using the fund to pay for specialist assessments and, where appropriate, specialist therapeutic support.
The noble Lord, Lord Watson, asked about harder-to-place children. We are providing £30 million to help pay the interagency fee to both local authorities and voluntary adoption agencies so that harder-to-place children might be adopted more quickly. More than 200 children have already been placed through this new scheme. On recruiting adopters for harder-to-place children, we believe that recruitment from a wider geographical base than simply a local authority, which takes into account the needs of children across a number of local authorities in a regional recruitment strategy and uses specialist techniques for recruiting adopters of harder-to-place children, will have an important effect.
The noble Lord, Lord Storey, said that schools needed expertise in supporting looked-after children and children with mental health issues. We made changes in the Children and Families Act to introduce a virtual school head for looked-after children. This measure was designed specifically to ensure that looked-after children receive the support that they need at school.
I hope that noble Lords will see from this range of initiatives the importance that this Government and the previous Government have attached to ensuring that our most vulnerable children receive the support that they need, and that we are already committed to meeting the objectives of these amendments. I hope that the noble Earl will feel reassured enough not to press them.
The Earl of Listowel
My Lords, I am grateful to all noble Lords who have spoken in the debate on these amendments today and for the supportive comments made by many of your Lordships. I am also grateful for the care with which the Minister has responded: to some extent, I am somewhat reassured. I was interested to hear what she said about centres of excellence and that seems most welcome. In Wales, for instance, a fostering charity that provides services has to find its own mental health professionals, because there simply is not enough of a CAMHS in that particular area of Wales to provide for it. I can imagine, as the noble Baroness says, that there will be areas where there is a deficit of expertise, and therefore the principle of drawing in from the best elsewhere—as provided in the academies programme—is a good principle to utilise.
The noble Baroness referred to the strengths and difficulties questionnaire and to the fact that the initial and ongoing health assessments look at the emotional and other needs of young people in care. That is welcome. However, given the experience of these children before entering care and that that they are pulled away from their families into the care system and have that trauma too, I feel that that is not sufficient. They need at the very beginning to see a specialist and to have a specialist assessment. I do not want to push that too hard but, as we speak, I remember a young woman who had been through the care system and whose brother was in the care system with mental health difficulties. She must have been 22 or so and she said to me that what she would have liked to have had when she first went into care was a therapist to speak to and somebody to stick with her through the care system—they had one mental health professional to stick with her through the system—and she wished the same for her brother, who was having difficulties.
I am going to make a slight detour and I hope that your Lordships will forgive me. These are difficult issues. In the past, the Department for Education used to employ civil servants who had a long tenure and a lot of experience in one particular area. For instance, the recently deceased Rupert Hughes was one of the chief civil servants behind the Children Act 1989, under Baroness Thatcher’s Government. I used to serve with him as a trustee for several years. One did not realise his important background from meeting with him but from hearing about it from others and seeing how important his memorial service was to so many people who knew of him. He was a hugely important figure. In dealing with these systemic responses to the difficult questions that we are discussing today, I wonder whether the Minister might consider what more might be done to ensure that there is a continuity of experience within the Civil Service to deal with these difficult problems over time. I do not think that it was this Government—the Conservative Government—who got rid of these longer tenure civil servants but in the past they frequently had more people like Rupert Hughes.
I am sorry for the digression. There is much to be welcomed in what the noble Baroness has said and in the investment that has clearly been made by the Government. I thank her for her helpful reply and other noble Lords for their comments. I beg leave to withdraw the amendment.
The Earl of Listowel
My Lords, I am grateful to the noble Lord for allowing us this opportunity to have a clause stand part debate.
Of course, it would be much better if children were not taken into care in the first place. We need to think about what we might do to support families better so that these circumstances do not arise—for instance, what we can do to ensure that more fathers stick with their families.
Many boys grow up without a father in the family. Obviously, there are circumstances where parents have to separate, but I am sure that we could do more to enable parents to stick together and to help young men who grow up without a father in the family experience what it is like to have a father through providing mentors and positive male role models. This is a huge challenge for us. Currently, 22% of our children grow up without a father in the home. However, that figure will rise to more than 30% in the next 10 or 15 years, according to the OECD, so we will overtake the United States. Many boys will grow up without a father in the family. How will they know how to be a father if they have not had one themselves? As a society, we need to think what role models and mentors we can provide for these young men.
It is also important to think about the impact of the huge cuts on local authority funding over the last five years or so. I declare an interest as a vice-chair of the Local Government Association, which has expressed concern that we have reached the point where any further cuts will inevitably cut into services for adults and children. I sponsored a meeting recently with a charity that provides excellent support to families—for instance, providing an Arabic-speaking woman to support Arabic-speaking mothers in London who would otherwise be very isolated. That body was on its last legs and said, “You cut us any further and this service will disappear”. It costs a lot to regenerate that service, so it will be lost to those families.
Cuts have also been made to children’s centres. One understands the pressures the Government have been under, their achievement on the economy and on many other levels, and the huge importance of the increase in employment in terms of benefits to families. However, we have to keep in mind the removal of family support services as a result of the cuts to local authorities.
I think that a fairly recent ruling has led more courts to choose to go down the special guardianship line rather than the adoption line. Perhaps the Minister will write to me on the direction of travel in that area. That may be the reason why new regulations on special guardianship are being introduced. I know there are concerns that special guardianship may on occasion be granted too easily.
I agree with what the noble Lord said about the pathways to permanence being many, and adoption being just one of them. I pay tribute to the noble Lord, Lord Nash, and his ministerial colleagues for introducing the “staying put” amendment on the last education Bill, thereby allowing all young people leaving care stability in circumstances where they wish to remain with their foster carer, and their foster carer wishes them to remain, to the age of 21.
Another issue relates to adolescence. Many children are adopted at a young age and from when they enter primary school until the age of about 10 or 11 they may be quite manageable and easy to deal with. The emotional tantrums and outbursts of the under-fives tend to dissipate. However, when they become teenagers and enter adolescence, all that stuff can re-emerge, so services need to cater for that. I would be interested to hear from the Minister about outcomes for adopted children.
I was speaking to a researcher recently and she said that the issues around teenage pregnancy for adopted children are not that far removed from the issues experienced by young people leaving care. That suggests that some issues are important still even with the benefits of a more permanent experience through the adoption process. It occurred to me that one might think of allowing young people who are aware that they have been adopted to have entry to the care-leaving system. This would give some kind of support for young people growing up in adopted homes through the care-leaving system. I am not sure that that would work but it did occur to me. I will be interested to hear from the Minister what information he has on the outcomes for adopted children, particularly during adolescence and up to the age of 21 or 22.
As I say, I am grateful to the noble Lord for this opportunity to have a more wide-ranging debate on the adoption procedures. I look forward to the Minister’s reply.
Lord Nash
My Lords, Amendment 33A seeks to ensure that adoption agencies match children with the right parents for them, regardless of which agency recruited and approved those parents. The noble Lords, Lord Watson and Lord Hunt, also oppose the inclusion of this adoption clause within the Bill.
Clause 13 introduces powers to direct one or more local authorities in England to have certain adoption functions carried out on their behalf by another adoption agency in order to create regional adoption agencies. Regionalising adoption is necessary if we are to remove delay from the adoption system and ensure all adopted families have access to the support services they need wherever they may live.
We have already made significant improvements to the adoption system, with record numbers of children finding permanent loving homes, but there is still more to do. The system remains highly fragmented, with around 180 different adoption agencies currently recruiting and matching adopters. We do not think such a localised system can deliver the best service to some of our most vulnerable children. This is starkly illustrated by the almost 2,500 children who are still waiting for their forever families despite there being enough approved adopters across the country. Forty-five per cent of these children have been waiting longer than 18 months.
That is why we are proposing the measure in this Bill to increase the scale at which adoption services are delivered. Actively encouraging local authorities to join forces and work together will give regional agencies a greater pool of adopters, enabling them to match children more swiftly and successfully with their new families. It will also ensure vital support services are more widely available as these will be planned and commissioned at a more effective scale.
The noble Lords raised important issues about how decisions on matches between children and prospective adopters are made. The amendment seeks to remove the practice of sequential decision-making, where agencies seek first to place children with adopters they have recruited and approved before looking more widely. I appreciate the intention behind the amendment and can reassure the Committee that one of the primary motivations in introducing regional adoption agencies is to prevent this sequential practice and to encourage agencies, both local authorities and voluntary adoption agencies, to work much more closely together, always putting the interests of the children first.
The Government will also continue to invest in national infrastructure to enable matches to be made between children and adopters from different regions. We will also continue to use data to bear down hard on any delay so that regional adoption agencies are incentivised to find the right family for a child as quickly as possible, regardless of which agency recruited and approved the family in question. The proposals in the amendment would be difficult to make work in practice and could have unintended consequences.
Effective agencies will plan their pipeline of adopters so that they match well with the children coming through the system. This means links can be made early in the process to avoid any delay. This good practice would be difficult to maintain if the agency was discouraged from shaping its own recruitment to match the needs of the children it knows are coming through the system. If we break the link between the children waiting and the adults being recruited, the opportunity for strategic targeting of recruitment will be weakened.
Furthermore, if agencies have to consider all adopters available nationally in every single case, it is likely to increase delays as they try to filter and sort a large number of potential adopters. It could also impact negatively on adopters who are considered and rejected for a large number of potential matches.
Lord Nash
I do not think that I can add anything at the moment, but I will think about what the noble Lord said.
The noble Lord asked about the £30 million figure. This is for children in one of the following groups: children who have been waiting for 18 months or more at the time of placement; children who are aged five or over at the time of placement; children who are in a sibling group of two or more and placed as siblings at the time of placement; children who are from a BME background; or children who are disabled.
The noble Lord asked why the clause covers only adoption. If local authorities are interested in bringing together other permanent services voluntarily, they have the freedom to do so. Furthermore, they can apply to our regional adoption agencies support programme for support to create a “permanence hub” that goes wider than just adoption. More than half of the bids for which we announced funding recently are interested in going wider than adoption. However, given the specific nature of the adoption system, this legislation is in relation to adoption only. Adoption is the system where consolidation and scaling-up of services is a pressing concern.
The noble Lord was not around when we passed the Children and Families Act, a substantial piece of legislation with 177 amendments which comprehensively covered wide aspects of SEN and children in care. Had he been, I think that he would have realised that we have substantially reformed the system for children in care and SEN. His comments about the Prime Minister’s recent concerns about adoptions are ill-informed and unfortunate. The Bill does not go any wider because we have covered fostering in the Children and Families Act and taken considerable steps to improve the situation for children in care homes. The children’s homes regulatory framework underwent significant consultation and review in 2014 to enable the development of new quality standards that must be achieved for looked-after children living in children’s homes.
The Prime Minister announced on 28 October that Sir Martin Narey will lead a review into residential care for looked-after children. Sir Martin will report his findings and recommendations in spring next year. The overall purpose of the review is to set out the role of residential care within the wider care system and to make recommendations about how outcomes for children who are currently placed in residential care can be improved. Given the proportion of looked-after children who have poor mental health, it is likely that the review will explore mental health and well-being of looked-after children in residential settings.
This year, we are providing up to £4.5 million of start-up funding to support the development of regional adoption agencies. As my noble friend Lady Evans mentioned, we have already announced the first 14 projects, which involve more than 100 local authorities and more than 20 voluntary adoption agencies. However, for that small number of local authorities which prove unwilling to rise to the challenge and to get involved voluntarily, we need the power in the Bill as a backstop measure. Without it, children in those local authorities would miss out. They would continue to face unnecessary delay, which we know causes lasting harm, and miss out on the vital support that they need. I therefore recommend that this clause stand part of the Bill and I hope that noble Lords will feel reassured enough not to press their amendments.
The Earl of Listowel
My Lords, I was particularly interested to hear what the Minister said about Martin Narey and his work around children’s homes, which is very welcome. I endorse what he said about the quality standards for children’s homes, which are a step forward. If there is one thing that I might ask him to bring up with his colleague, Edward Timpson MP, it would be with regard to residential childcare. It is a matter of great regret that mental health and social care in children’s homes have not been embedded together from the word go. I was talking to a psychiatrist about the history of residential care in this country. We have some excellent residential care, but I am afraid that in general the quality is pretty variable in my experience.
The continentals were interested in our approach. The noble Lord, Lord Warner, published his report on staff in children’s homes, Choosing with Care, which I think came out in 1993. In the witness evidence to that inquiry the psychiatrist said that on the continent staff in children’s homes have an ongoing relationship with mental health professionals. I discovered later that they learned that from us. If we only had that ongoing partnership in all our children’s homes, we would see better outcomes and better protection for children in those homes. I am asking for a model where a clinical psychologist, who is appropriately trained, a child psychotherapist or some other mental health professional goes into children’s homes regularly—maybe once a fortnight—and speaks with the manager and staff, providing an opportunity for them to talk about their relationships with young people and how they are managing them.
In my experience that has such an effective input. This kind of work is emotionally exhausting. People talk about the turnover of staff and how they just burn out after a few years. However, if there was that kind of support, staff would be far more likely to stay. There would be a continuity of relationship, which is so important, and experience would be built over time. Staff members would have years of experience of children with complex needs and they would know the right things to do. We should make sure that all children’s homes have that close support from CAMHS which would make all the difference in this area. I am glad to hear from the Minister of Martin Narey’s review.
Lord Watson of Invergowrie
I thank both the noble Earl, Lord Listowel, and the Minister for their replies to the debate. I very much share the comments of the noble Earl relating to the importance of role models, particularly for boys. Having a father figure or male in the household is important for many reasons.
I note that the noble Earl picked up the point I made about resources for local authorities. The Minister did not, but in fairness to him that is not his remit. It is important if we are looking at the broader context. The £30 million that has been made available will be welcome and well used. There will still be people in the hard-to-place groups that the Minister highlighted, as well as those who have been waiting for some time in the logjam. They will need specific assistance. At a time when local authority budgets are shrinking, it would be helpful if the Minister had something to say about the clause being robust enough to withstand the stresses and strains that will inevitably come in the years immediately ahead of us.
I note what the Minister said about the Narey review. I await that with interest as it will cover important issues. I hope that it will provide some positive ways forward. In terms of the overall structure, we can exchange a bit of political knockabout across this Committee Room but the professionals who are doing the job daily—I mentioned the NSPCC, Barnardo’s and the voluntary adoption agencies—would not have been speaking to members of the opposition parties had they not been sufficiently concerned that the proposals as they stand, and how they are likely to play out, would create further difficulties in the future. As I said earlier, it is not me or my colleagues that the Minister has to reassure but those at the sharp end. It appears, so far at least, that they are not reassured.
I was disappointed that the Minister made a rather dismissive remark about my comment on the Prime Minister. I note that in his earlier remarks, the Minister himself talked about loving families. He must realise that the point I was making was that the Prime Minister’s statement seemed to suggest that other forms of care were of a lesser value, or were not providing enough loving homes, whereas adoption did. That was the point I was trying to make. Adoption seems to be a buzzword within the department and the Prime Minister has used it in this context. I think that is unhelpful and, again, the professionals in the field think it is unhelpful. There are many loving homes that are not the subject of adoption orders. That was the point I was trying to make. It just so happened that the Prime Minister had made the remark. I want to see children secure in whatever form of care is best for them. If it is adoption, fine; if it is any of the other forms of care, so be it. I want to see the resources available to make sure that permanence is the watchword for those children.
It has been a lively and, I think, helpful debate. A lot of the points have been highlighted and we will return to them in other forums. For the moment, I beg leave to withdraw the amendment.
Education and Adoption Bill
Earl of Listowel Excerpts(8 years, 7 months ago)
Grand CommitteeRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Hunt of Kings Heath
This is another puzzle because the terms of the agreement with Greater Manchester focus on growth in the economy and specifically mention the skills agenda. I have listened to the Government talk about the issue of skills—albeit at the same time as destroying further education, which of course is where most of these skills are taught; but we will leave that aside for the moment—and I am absolutely amazed because the argument they put forward is that while skills are crucially important, the role of schools is to make sure that, when they come out, young people are ready to go into the workplace; that is, those who do not go into higher or further education, if any is left when they reach the age when they move on from school.
Why on earth is education being taken out of this really exciting development? I am enthusiastic about what is happening in Greater Manchester, and potentially it is hugely exciting, but I just do not understand why education is being left out of it. This is but one example of how, when the Department for Education says that it is consistent with the localism agenda, it is, frankly, completely unbelievable.
The Earl of Listowel (CB)
My Lords, I am sorry that I was not able to be present in Grand Committee last week, but I have read with interest the Committee report. Two things come to mind in relation to this debate. The first is that I am most grateful to the Minister for organising an extremely helpful meeting with head teachers and regional schools commissioners. At the meeting I raised a question about local accountability which followed from our debate at Second Reading. On the question of regional accountability, I put to a regional schools commissioner the case that while it is important to improve academic outcomes for young people, there may be a reason to override the local interest of parents in their schools. I hope that I am paraphrasing him correctly, but he said that it is really important to bring the local community with one, which seems to support the notion of the noble Lord, Lord Hunt, and others that if one is to have a successful school, one needs to bring the local community on board as far as possible.
The second point I want to raise is that, having read the Hansard report of the previous sitting, I am concerned by the Government’s focus on a very narrow assessment of education; that is, on academic attainment. Of course it is extremely important that our children should do well academically so that they leave school being able to read and write and are ready in terms of employment, and that is important to their parents as well, but as was made clear in that debate, children need a rounded education. Some children in particular benefit from an education which perhaps does not emphasise academic attainment so much but allows them to excel in sport and vocational attainment in other areas. My sense is that we need to allow some young people to fail and fail and fail again. Young people in care in particular may do poorly in terms of their academic attainment while they are at school, but many of them will do well in their early 20s or even their late 20s. If one puts great pressure on schools to ensure that all children do well academically, the risk is that those children who do not have so much academic capacity may be excluded, be given less attention, or to some degree will be seen as an inconvenience.
Perhaps that is an argument for giving local authorities and local bodies more influence over and supervision of what goes on in academies and elsewhere. The people in Manchester may think, “Well, in this area we have a particular interest in vocational success and we would like to see our schools equipping our children to enter apprenticeships”. I am probably not expressing myself well. I think that my chief concern arose when I read about the new pressures being put on head teachers to ensure that children do well academically because of the emphasis that the Government are placing on this. I worry about those children who may not have so much academic potential but do have potential in other ways. Perhaps the amendment that has been put forward will allay some of those concerns.
Lord Sutherland of Houndwood (CB)
My Lords, I apologise for not being here in the Committee’s session last week. It was for medical reasons—and my experience has not filled me with either enthusiasm or confidence that importing wholesale from the health service will solve all our problems. However, there are some very good individual doctors in the system, which is why it works.
To go to the challenge put to the Minister about maintained schools from the noble Lord, Lord Hunt, I spent this morning with seven head teachers from maintained primary schools in the most difficult areas of inner London. I have no doubt that they are doing a terrific job. I agree that there are some excellent maintained schools doing an excellent job. Some of them even refer to the good partnerships with local academies which they hope will develop. That is the other side of the picture.
However, I would make two or three quick comments. When I hear the expression “democratic accountability”, the philosopher in me wants to write three articles to try to clarify what that means. The Committee should not worry, for I am not going to try to do that now, but it is a shibboleth at times. At other times it is an important use of language, just as talk of human rights is, but sometimes it covers a multitude of uncertainties and unclarities. I do not deny that it is important but here, for example, we have to distinguish between accountability for financial systems and governance—one kind of accountability that is not necessarily for a public committee; I would rather have a high-powered team from PricewaterhouseCoopers or some such going in to inspect them and report back—and the separate form of accountability which is necessary for educational practice. Parents and teachers no doubt have important things to say but it must never be forgotten that at least half of those, possibly both, are interested parties.
I come to the nub of what I want to say. The problem that the Bill is facing up to is essentially a question of dealing with what has arisen in schools that are currently maintained under the local authority system. If that is so, just recreating it without modification will not do the job. We need more subtlety and sophistication in trying to face that problem, when it is there that the difficulties have arisen. The Committee may have dealt, as I gather it did at some length last week, with the definition of coasting. But if there are coasting schools, a number of them have arisen within a local authority and within the maintained system. So there are good, bad and coasting schools, all of them within the maintained sector. That is why I find it difficult simply to pick up a proposal that all you have to do is to spread the responsibility by having ways of taking on board an additional set of views, without a means of sharpening them.
To go back to my speech at Second Reading, there is a danger that we will simply bring in delaying tactics, which are the curse of the current system. I am still worried about the Bill having delays built into it in a way that I find unacceptable. That is why I am not—
The Earl of Listowel
Before the Minister responds, perhaps I may say how pleased I am to be reminded of the weight that the Government are placing on professional judgment. I was pleased to read in the Grand Committee proceedings and in the media that they are introducing this new college for school teachers, which will recruit, train and retain the very best teachers to send out to the schools that need them most. That sort of initiative is very welcome. I also welcome the Government’s drive to build trust in head teachers, recognise their expertise and give them as much authority as possible. My concern is that, because of the way in which the Government have set this up, they are putting huge pressures on head teachers to perform in a certain kind of way—which is to have good academic performance so that one will do well as a head teacher if one jumps through certain hoops, which is what head teachers will try to do. That distorts what they might do.
For instance, yesterday the noble Baroness, Lady Massey of Darwen, organised a meeting with children from pupil referral units and hospital schools. We learned that a key issue for those young people is reintegration into mainstream education after their healthcare is completed, or whatever else it might be. A disincentive on the part of head teachers to accept them is that they are not likely to do so well academically. A young boy or girl coming out of hospital who has been away from school for quite some time is not likely to perform as well academically and there might be some hesitation on the part of the head teacher to take them back. I warn the Minister that I may well table an amendment at the next stage of the Bill to help us deal with the particular issue of children who have been out of school for some time and suggest that their data should be excluded from the performance statistics. A head teacher should not have to worry that she will be seen as failing because of a child who has been out of school and is not achieving academically as well as the others. As I say, I may well bring forward an amendment on that.
The Earl of Listowel
If I may respond to the noble Baroness, Lady Perry, one listens to the noble Lord, Lord Harris of Peckham, talk about his schools and the transformation that they have wrought, and indeed one listens to the Minister talk about our local school here, and it is clearly a huge and most important change that is very much to be welcomed.
I suppose that I need to be careful not to strain at gnats when we are talking about bigger issues. I recognise that expectations about the educational attainment of young people in care have been too low in the past. We have said that they have had too difficult a time, it is tragic and we cannot push them. However, we need to be careful not to move from one extreme to another. Ultimately, the best thing is what the Government are trying to do: to recruit and retain the best professionals closest to the child who are in the position to make a judgment on just how hard to push that child forward and at the same time how gentle to be with that child—a nuanced, sensitive approach. The children who visited us yesterday—what to say? I agree with these measures and I am sorry that I have not expressed myself more clearly. I certainly agree that we should not let children down by having too low an expectation.
Baroness Pinnock
I thank noble Lords for the interesting debate that we have had around accountability. I particularly thank the noble Lord, Lord Hunt, for the general support that he has given for the idea of trying to establish a greater degree of accountability within the system. I also thank him for reminding us that this is in fact a very nationalising, centralising approach to education, notwithstanding the remarks made by the Minister. In essence, all academies have to report to the Secretary of State, with one layer in between, which is the regional schools commissioner who is appointed by the Secretary of State. If that is not a centralising, nationalising approach to schools, I do not know what is. That is one of my problems with the creation of academies without any local accountability built in to the system.
Moving on to the regional schools commissioners, they are not regional in the accepted, geographic sense of the word. In my part of West Yorkshire, our regional schools commissioner is in—dare I say the word?—Lancashire. I have to tell you that it does not go down particularly well to be described as being part of the Lancashire—and a little bit of West Yorkshire—schools commissioner. I jest, in a sense, to make the point: because of the way that the regional schools commissioners are set up, they do not understand and know the regions. Most of the north-west is made up of very different communities from the old textile and engineering communities that I serve in West Yorkshire. For one man—it is a man—to try to understand and have that soft information, rather than always relying on the hard data, to make decisions about accountability is much to be regretted.
Finally, the noble Lord, Lord Sutherland, raised the shibboleth that is democratic accountability. We need to understand both those words. We are in danger, I think, of creating an education service in this country that has no, or very little, democratic input. For a service that is for every child, regardless of background, community or place, to have no democratically elected person to whom they can call on for help and guidance, and for those elected people to have no means by which to address those concerns, is a route down which we should not be going. Where else will those people turn? There is no point saying, as the Minister did, that parents are already writing to the reginal schools commissioners. No doubt they are—but they will not be some of the parents in the communities that I serve, for whom English is a second language and whose own literacy skills are not very good. They will not have those skills, so who does it fall on? Who in this chain will stand up for parents and their children who are not perhaps getting a fair deal locally? That is what I want to know and that is why this amendment was tabled. I have yet to hear the answers.
Those are my concerns about the words “democratic” and “accountability”. It is about having a local voice; someone who knows and who can be trusted and relied on to stand up for local people. I have yet to hear that. That is a huge shame and one that I think we will live to regret unless we create some means of achieving this outcome. Having made those remarks, I beg leave to withdraw the amendment.
Baroness Evans of Bowes Park
They could certainly become an academy and do that, but they would have to have the same legal structure. I shall come on to that in a second.
Given that 65% of our secondary schools are now academies, it is increasingly sponsors for primary schools that we are seeking to source and develop. In small primary schools the MAT structure is even more critical, again making it necessary for sponsoring schools to be academies themselves that are able to form such a MAT rather than leaving small sponsored primary schools standing alone. We would certainly hope that any maintained school with the expertise, capacity and enthusiasm to support a struggling school would consider converting to academy status in order to do this, in the process unlocking all the benefits and opportunities that I have described.
We also anticipate that as more schools become academies and local authorities have fewer maintained schools left, as many already do, we will see members of local authority teams who are skilled at school improvement spinning out to set up their own MATs, and this development would be most welcome.
In conclusion, I shall quote Maura Regan, CEO of Carmel Education Trust, who attended our sponsor event last week. She said:
“We have to accept that what has happened historically in many local authorities has not worked. We are about revolution—we need to take a break from the past and embrace a new model whereby school leaders are increasingly in charge of their own destinies”.
In light of that, as well as my explanations, I urge the noble Baroness to withdraw her amendment.
The Earl of Listowel
I was interested in what the Minister said about the sponsorship process. I would be interested to learn a bit more about it—how sponsors are selected; how they are inducted; and how they are qualified. I guess there is a certain sensitivity in that one wants people to sponsor, so one does not want to place too much of a burden upon them; but on the other hand, it is important that if they sponsor, it is a success and there is not a clash of cultures but complementary working together. The Minister may like to write to me, or perhaps she will say a few words now about that process and particularly about induction so that we ensure that sponsors perhaps spend time in a school sitting at the back of the class so they have a sense of what it is like at the coalface—the chalkface, I should say.
Baroness Evans of Bowes Park
I am very happy to write to the noble Earl on that point.
The Earl of Listowel
I am thinking of, for example, the need to build a children’s home or to produce more affordable housing in a community. Often in those circumstances, the local community is in practice very resistant to having that children’s home or affordable housing. In principle, one should consult local people about their local environment and act upon their wishes. In practice, it can sometimes be so difficult to build a children’s home in certain areas that they get built in the worst or least popular areas, where the local community is less likely to be vociferous, because that is where it is possible to do so. In the case that the Minister is arguing about it being so important that we do better for the education of our children and that the academy model—I know that we are debating this—has been shown to be quite effective in improving those outcomes much of the time, does he see that there should perhaps be some flexibility on how much weight one gives to local people in this choice?
Baroness Hughes of Stretford
I shall speak briefly in support of the amendment. My noble friend said more eloquently than I can all that I have to say, so I shall keep my remarks brief.
I feel conflicted in listening to this debate because the Government have taken such an intransigent line on there being only one solution to improve the performance of schools—that is, to make them academies. Because of that, I feel pushed into a position that is not actually mine. I do not think that local authorities are the be-all and end-all. Like my noble friend, I, too, chaired improvement boards in many local authorities when I was a Minister—including in Manchester, which was not easy what with coming from there. I was quite clear what my responsibilities were: to call the local authority to account. I think many Ministers have done that, too. The dichotomies that are inevitably a result of the position that the Government have taken are very regrettable because they prevent us debating the real issues about how we can best put the ingredients into schools, as the noble Baroness, Lady Pinnock, identified them, that will help them all succeed.
I take issue with three points. The reason why I support the amendment is that it is trying to keep options open and to make the process of deciding the way forward, when a school is coasting or underperforming, one that must consider a range of options instead of going down only one route. The first point, as I said, is the Government’s assumption that academisation can be the only solution. My noble friend is quite right: you can sustain that position only if you think that that will in every single circumstance, 100%, improve every school. We know from the evidence, although the Government are reluctant to talk about it in any reasonable way, that that is not the case. Academisation, certainly over a period of time, does not necessarily produce the ingredients that we know are required for excellence in education.
Secondly, we have heard a lot of comments about this Bill handing responsibility and accountability for performance back to professionals, and away from local authorities who have not held schools to account. Let us just be clear that when schools underperform, the first people responsible are the head teacher and the teachers in that school. They are responsible for that. Yes, local authorities have had a duty to call those schools to account but not all professionals are good ones; not all head teachers are good, either. I do not want that point to be lost because so far in this debate it has been.
Thirdly, I feel very strongly that the provisions in the Bill that would completely cut out parents from any say in the process of what happens to an underperforming or coasting school that their child attends is completely wrong and cannot be justified. My children are now well grown up and I am into a generation of grandchildren. However, if I was directly responsible for children in such a school I would be absolutely incensed that I could have no say and would not be called to a meeting. That is wrong in principle. In terms of the outcomes that such a process would achieve, it would be regrettable.
I support the spirit of this amendment for those reasons. We need a much more nuanced debate and to retain the possibility that there are other ways forward for some schools. We certainly should involve parents.
The Earl of Listowel
Before the Minister replies, I want to ask the noble Baroness, Lady Pinnock, if she might help with a bit of clarification. Before asking her that question, I thank the noble Lord, Lord Watson, for his helpful comments earlier. Perhaps I should have said that I have an interest in this area: I am a landowner and I am interested in property development.
I think the noble Baroness also attended the meeting at the beginning of the week with the head teachers and regional schools commissioners. What I found most interesting about that was the impact on governance that academisation seems to have. The noble Baroness will be aware that the Chief Inspector of Schools has been concerned for quite some time about the variability in the quality of governance in schools. There was quite a discussion of governance in that meeting. What struck me listening to that discussion was that perhaps the academy process is a little like Teach First—or, for social work, Step Up—because it suddenly gives the opportunity to bring a whole new pool of talent, drive and expertise into the governing bodies. It seems possible that one justification for the Government’s process is that as a systemic approach it is a way to bring a whole slew of expertise into the governance and leadership of schools that is not so easily available by the normal process. I have not had experience as a school governor. Would the noble Baroness, Lady Pinnock, care to comment?
Baroness Pinnock
I am happy to respond. I am still a school governor and many noble Lords will be aware that the governance of maintained schools has had to change, and rightly so, for the reasons that have been given. By September of this year, school governing bodies had been completely overhauled. Many school governors are now co-opted for their specific expertise or experience. On my governing body we have two people who work in local businesses, an IT expert, someone from the finance sector to help with that side of things, as well as a couple of parent governors, staff governors, and by choice, a local authority governor. School governance has been substantially strengthened by these regulations and, where it is done well, they will inject two important elements. One is expertise and understanding, along with keeping the involvement of staff members and parents, and the other is that it is locally based. At the school where I remain on the governing body, it is local business people who are involved. That would be true across the piece, which is to everyone’s enormous advantage.
Lord Nash
My Lords, I will speak to Amendments 16, 17, 21 and 26 to 29, tabled by the noble Lords, Lord Addington, Lord Watson, Lord Hunt and the noble Baronesses, Lady Massey and Lady Bakewell. I will try to keep my remarks to the point but, before doing so, I will respond to a couple of accusations made by the noble Lord, Lord Hunt. The first, that we are being dishonest, is quite an accusation and I would take great objection to it if I thought he really meant it. He said that it is dishonest that we should just pass a law turning every school into an academy. Maybe if he feels that is something we should do, he would like to bring an amendment to that effect. I made it clear last week in response to the noble Lord, Lord Knight, and again in a letter this morning which I hope he has now received, that the default position for a coasting school is not to become an academy. I suspect that in many cases they may well be able to improve sufficiently on their own or with limited support. I hope I have made that absolutely clear.
Secondly, there was a suggestion that I never mention maintained schools. That is partly because the Bill is about academies and I am trying to keep to the point. Of course there are many successful maintained schools and I pay tribute to them. The noble Baroness, Lady Jones, took me on a most enjoyable trip to Morpeth School in Tower Hamlets, which I was particularly impressed with. I was struck by its approach to CPD.
Lord Sutherland of Houndwood
My Lords, as one who can speak but not sing, I shall speak very briefly. I thank the noble Baroness for her amendment. It gives me the chance to clarify the position on the earliest entrants to school in their earliest days in school. How long does it take before support becomes available? It has been put to me that some children require this plan to be drawn up, which may take time, before the support, of whatever kind, is available. Anything that can be done to advance that will clearly be to the advantage of the child. The younger you start, the better.
The Earl of Listowel
My Lords, this amendment prompts a question in my mind, which the Minister might be able to write to me about. Some schools are better at catering for children with special educational needs, so they attract more of them; they get a reputation as being good at it. One would not wish those schools to be penalised because they happen to be good at working with children with special educational needs. In the metric that the Government are developing to judge progress and whether or not a school is coasting, I hope we can be assured that over the three-year period there is not a risk that we penalise a school because it is very good at working with children with special educational needs. The children may not make so much progress academically but they will have been given excellent support in other ways. I hope that makes sense.
I will say one other thing. I can see that the notion I expressed earlier about allowing children to fail, particularly children in care, is a difficult concept, which I should probably correct somewhat. What I was trying to say is: allow children to fail, fail and fail again until they are successful, and each time they fail allow them not to feel so badly about failing that they do not want to try again but allow them to keep on trying until they are successful. Obviously, ideally one wants to help them to be successful the first time round.
Baroness Sharp of Guildford
I apologise for speaking again here, but perhaps I may add something. I am the special educational needs governor of a primary school, and when the noble Lord, Lord Sutherland, was talking about the time it takes to get a statement and so forth, I was thinking about the cost of supporting children with special educational needs. As noble Lords will know, a primary school receives about £4,000 a head, and the average cost of supporting those with special educational needs is about £8,000. It can vary from £4,000 to something like £16,000 or £17,000 if there has to be an extra teaching assistant because the child is disruptive. On average it takes a couple of years to get a statement for those who are at the extreme end and it will cost about £16,000. A small primary school finds it very difficult to cope in terms of resources because budgets are so tight at the moment.
The Earl of Listowel
I suppose what flows from that is that the educational attainment of other children may not progress as fast as it might because the resources are focused on the most disadvantaged children. So, again, a primary school that is good at attracting children with special educational needs may appear to perform less well—indeed, it may actually be performing less well—academically, although it is doing a good job with children with special educational needs, because its resources are being spent on those children rather than on the wider population.
Baroness Sharp of Guildford
I remind the noble Earl that schools receive extra resources for those young people—especially now, with the pupil premium. However, there is an overlap between the two groups and, although we have to be careful to ensure that the pupil premium resources are not spent exclusively on those with special educational needs, there is a reason to use some of those resources for some of the activities.
Education and Adoption Bill
Earl of Listowel Excerpts(8 years, 8 months ago)
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The Earl of Listowel (CB)
My Lords, it is a great pleasure to follow the noble Baroness, Lady Sharp, in particular on what she says about the importance of supporting our newly qualified teachers, valuing them and ensuring that they become the experienced expert practitioners who, many years later, become superb teachers because they had a good start and they want to stick with it.
I was speaking last night with a father of 18 month-old twins. He was exhausted. I asked him, “Do they require much attention?” and he said, “All the time”. I say that is key. I was so pleased to hear what the Prime Minister said at the Conservative Party conference about the importance of doing better for children and young people in care and generally about improving social justice and social mobility; for young children and vulnerable children—all children—thrive on attention. We have to be crazy about these children if they are to do well. We have to be single-mindedly dedicated in our attention to them. So I was very pleased to hear what the Prime Minister said about his attention and intentions for them.
Jonathan Stanley, chief executive of the Independent Children’s Homes Association, wrote an article in the Huffington Post following the Prime Minister’s declaration, in which he said that, as a long-time expert in residential care for children, we have to be crazy about our children if we want them to do well and recover from their trauma. My sense was that the former Secretary of State, Michael Gove, was crazy about adopted children and children in the adopted system, and we have seen a lot of progress as a result. I pay tribute to his single-mindedness. In Scotland, a senior Minister decided that children’s homes was the most important issue that he was going to push forward, and we saw a great change there and an improvement in the setting up of the Scottish Institute for Residential Child Care. These vulnerable children need a champion at the very top.
I pay tribute, too, to Edward Timpson MP, the Minister for Children. When he was chair of the All-Party Parliamentary Group for Looked After Children and Care Leavers, he produced an excellent report on improving the educational outcomes for looked-after children, which called for the introduction of a virtual school head. As a Minister putting through the last education Bill, he put that on a statutory footing. All practitioners interested and concerned about these young people said what an important step forward that was.
I finish by expressing my gratitude for the work of the previous Labour Government in their recognition of this important issue of young people being neglected and looked-after children, and their investing the money and forming policy and legislation to make a difference. I particularly remember the Children (Leaving Care) Act. A little while ago, I spoke to a young man who, at the age of 21, re-engaged with the care system after being lost to it and found a good personal adviser to help him to settle accommodation and turn his life around. We needed to give those young people better support past 18, and that Bill achieved that to some extent. So I pay tribute to the Labour Government for that.
On the discussion about academies, I was very moved by what the Minister said about his experience, and by what the noble Lord, Lord Harris, had to say. I am somewhat mystified when listening to the exchange across the Chamber, because it is difficult to judge what is working best and what is not. I live close to the Westminster Academy and I know that before it was a very unsatisfactory building, and it was troubling to hear that head teachers were in fear of their safety—so it must have been very difficult for children in that setting. It was an inappropriate building; the central corridors were too large; it was unsafe at break time, too hot in the summer time and too cold in winter because of how it was designed. We now have an excellent building, and I benefit from the use of the library, which is far better than the one that was there before. So my experience is that I see some positive things. Certainly, in terms of leadership, head teachers have complained to me that it is difficult to remove poor teachers, which is one thing that the academy process allows one to do more easily. I hope to visit an academy soon—one that has recently transformed—to hear from the heads and pupils what the difference has been in the process. I think that that will help me.
I hope that the Minister will not mind me challenging him on this, but I am concerned about the Government possibly losing sight of their White Paper of 2010, on The Importance of Teaching, which said:
“The first, and most important, lesson is that no education system can be better than the quality of its teachers. The most successful countries, from the Far East to Scandinavia, are those where teaching has the highest status as a profession; South Korea recruits from their top 5 per cent of graduates and Finland from the top 10 per cent”.
That must always be a top priority. I met over the weekend an 18 year-old woman whom I know well, the daughter of a friend, who has just started at the School of Oriental and African Studies. She is so enthusiastic that she is studying Chinese and will study in China next year—just like her mother, who is a primary school teacher. When I asked how her mother was, she said that she was still working 10 or 11 hours each day, but she loves it; she is prepared to make that sacrifice. I emailed a teaching professional over the weekend, on Saturday night; he turned it around for me on Sunday, at about one in the morning. I know him—he has two young children and is always exhausted when I see him, but he is so passionate about what he does. There are so many passionate, committed people in the education system, and we need to be better at supporting them.
I met the man responsible for supporting Teach First professionals in London some time ago, a graduate of Teach First. I welcome that policy and its further development very much indeed. He said that, although it was a wonderful opportunity, they could not always give teachers the support that they needed—that they needed to give newly qualified teachers, and Teach First teachers, the support that they needed to work in the most challenging schools. Many of them wanted to work in the most challenging schools, but if they are not given the support to work there they cannot.
I am grateful to the chair of the Parliamentary Office of Science and Technology for writing to me about teacher numbers and distribution. The note says:
“The number of people entering initial teacher training is declining at secondary level in England, Scotland and Wales since 2005/06 … Teacher retention is also a concern in England (at primary and secondary level) … The distribution of teachers is a concern across the UK: the most highly qualified teachers tend to go to high performing schools in more affluent areas”.
We know that we need to put our best teachers with our most disadvantaged children, because they get the best advantage from that teaching.
I was at a meeting on teaching supply a month ago, looking particularly at maths teachers. It appalled me that we are training physical education teachers to become maths teachers. They may be very good, but we should be giving students maths graduates. It is vital—as a science nation, one cannot go ahead with physics and chemistry if one does not have a good, firm foundation in maths. So that was very troubling to see.
I hope that we can better equip our teachers to manage the pupil-teacher relationship. I was speaking to a Finnish man just before I entered here about the fact that in Finland they start at seven and go to 15 in the same school with the same classroom teacher, who is a master’s graduate. So that classroom teacher has a relationship with that child for seven years, although they may have different language teachers. With behaviour management, the relationship between the young person and the teacher is crucial. When we lose teachers, it is often because there is a poor relationship with the children; teachers get driven away—it is the main cause of teachers stopping teaching. So teachers need to understand the pupil-teacher relationship; they need a good understanding of child development and behaviour management. That has been a historical problem, and I am glad that the Minister is beginning to address it. I would appreciate a letter from him answering some of these questions and concerns about teaching supply and giving reassurance that there is a strategy for the future to address those questions. I note what the noble Lord, Lord Harris, said about teacher training schools, and that seems very positive.
I have little or no time, but I should like briefly to talk about the adoption part of this Bill. I welcome very much what is being introduced. I have a concern about the assessment of the mental health of children entering the care system. With adoption, it is important that when a child is taken into care they immediately have an assessment from a mental health professional to look at any issues, which then leads to action that addresses the mental health needs of that person. That does not happen currently. They may be assessed by a doctor or even by a nurse, but there is no concentration on mental health. The NSPCC is very concerned about this. I would appreciate it if the Minister and the relevant Health Minister would consider meeting the noble Baroness, Lady Tyler, the chair of CAFCASS, and the chair of the All-Party Parliamentary Group for Looked After Children and Care Leavers to discuss better meeting the mental health needs of young people entering care. This would benefit placement stability and adoption.
I have taken far too long. I apologise. I warmly welcome the Bill, particularly its aspects concerning improving the adoption process. I look forward to working with noble Lords on the Bill.
Childcare Bill [HL]
Earl of Listowel Excerpts(8 years, 8 months ago)
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Lord Mackay of Clashfern (Con)
My Lords, I have listened to the comments made in support of the amendment—Amendments 30 and 31 are really just consequential. The amendment requires that the report on finance should take place before Clauses 1 to 3 come into force in an Act of Parliament. It does not require information to be provided at Report. What is more, the amendment contemplates that the clauses will be enforced before the review can take place and be completed. The arguments in support of the amendment are therefore not precisely in accordance with the amendment itself, because the terms of the amendment would be satisfied if the information came forward before the clauses were brought into force—which, of course, is after the Bill reaches the statute book.
The Earl of Listowel (CB)
I shall make one brief comment just to remind your Lordships that there probably will not be a better opportunity in this Parliament to improve social mobility. A well-funded early education service is one of the best means to ensure that the least advantaged young people and families do better and have a fair chance equal to those who have greater privileges. What is at stake is that, if this Bill is adequately funded, we will expand that offer to many more families; more parents will go into work, lifting their children out of poverty. Yes, mainly it will benefit the middle class, but it will also benefit some of the more disadvantaged. If the Bill is not adequately funded, this will not only be a poor offer but it will steal money from and impoverish the rest of the service. So we need to be absolutely clear that we have here either an opportunity to make a difference to social mobility that we will not otherwise have in this Parliament, or an opportunity to fail. Perhaps it is comforting to realise that, because the Prime Minister’s commitment to social mobility may give us some hope that, even in this difficult financial climate, the money will be found to make this work.
The Earl of Listowel
The Earl of Listowel
My Lords, Amendments 3, 5 and the remaining amendments are in my name. I will be brief. I begin by thanking the Minister for the helpful conversation we had around family homelessness and childcare on Monday evening. As a result of that conversation, I will not move the next group of amendments in my name, and will save the time of the House by that means.
I bring back Amendment 3 on the key person in the nursery. I remind your Lordships that each child in the nursery is assigned a key person whose role is to help ensure that every child’s care is tailored to meet their individual needs and to offer continuity of care and a settled relationship for the child. That is the offer. I was really grateful to the noble Baroness for her reassuring and robust reply at Committee on this matter. I bring this back briefly on Report because that key person role is so important, because it is notoriously difficult to do well, and because it is particularly the most vulnerable children—the children from the most disadvantaged backgrounds—who need the secure attachment in the nursery. It is particularly difficult to give that child that support in the nursery. I speak to the concerns so admirably expressed by the Select Committee on Affordable Childcare when I say that it is the most disadvantaged families that need the best quality support.
I spoke to a mother this weekend. She was heavily pregnant, with three sons, and just about to celebrate two of her sons’ birthdays. I was speaking to a small group of mothers—I do not often have a chance to do that—and talked to them about the key person in the nursery. This mother said, “Ah, yes. I remember that. In the first nursery my son went to, there was the key person role, and it worked excellently. I spoke with the child carer about my child—a very good model. In my new nursery, we don’t have it. I’ll have to speak to them about it”. So there is an issue. It is not present at all nurseries. Why is this so important? Just think about the care system. Across services for children—particularly vulnerable children—we employ this model of the key worker. In youth custody, there is a key officer working with particular children; in children’s homes there is a key worker for particular children; and in our debate on the education Bill, with regard to looked-after children staying with their foster carers to the age of 21, the principle was that they had made this relationship with an important person in their lives and it is this continuity of relationship that is so important to them. It is just as important, or even more important, for three year-olds and four year-olds to have this stable relationship with a particular person. If they do not have it, they risk being either just forgotten about if they are difficult children in favour of children who are easy to deal with, or they receive multiple indiscriminate care and are passed from pillar to post. It all looks very nurturing but they are not getting the secure attachment they need to thrive.
I give the example of a man born in the mid-19th century. It seems that his parents were not very interested in him and were much more interested in pursuing their love lives with other people. His father once said to him, “You will never amount to anything”. Fortunately for this child he had a loving nanny, Mrs Everest, and so, fortunately for us, he grew up to be most successful, most robust emotionally and, despite suffering problems with the “black dog” from time to time, was able to withstand many setbacks and be of great service to this nation. We have a great deal to thank Mrs Everest for. For children from struggling families whose parents may not be getting on that well or who are experiencing difficulties, that relationship with a key person in the nursery is absolutely vital.
I wish to make two further points. First, it might be helpful to advise parents more widely about the importance of the key person role. For example, an organisation such as Mumsnet could conduct regular surveys among its users on the quality of childcare and could ask specifically about the role of the key person in the nursery and how well that is being carried out. Secondly, will the Government communicate with parents to advise them how they can identify quality and on the importance of the key person role in the nursery?
To sum up, the most vulnerable children from disadvantaged backgrounds most need this key relationship with one person, or possibly one person and a supporter, in the nursery in the provision of flexible childcare hours. We must not do anything in this legislation to water that down. I look forward to the Minister’s response.
Baroness Massey of Darwen (Lab)
My Lords, I rise to speak to Amendment 11, which is part of this important group of amendments relating to the quality of childcare.
In Committee, I tabled an amendment which proposed that in all dealings with children, the welfare of the child should be paramount, in accordance with the United Nations Convention on the Rights of the Child. The Minister mentioned “paramount” earlier today. I do not recall the term coming up in any previous government document or discussions, but I stand to be corrected.
The amendment I am discussing is based on ensuring quality childcare, which means having good staff-to-child ratios, staff who are trained in childcare at level 3 or above, or who are in training for that, and a member of staff qualified to care for children with SEN or a disability. Funding, of course, affects all this and I share my noble friends’ concerns about funding expressed earlier.
I know that some of my dear friends round the Chamber are concerned about the qualifications issue. I am not knocking their comment that you do not necessarily need to have high-level qualifications to undertake childcare. However, I am not talking about having a PhD in physics; I am talking about people aspiring to better their childcare qualifications, thereby improving their ability to deal with child development. That is all I am saying.
The third point of the terms of reference for the Department for Education’s review of the cost of providing childcare in England does indeed speak of sufficient quality of childcare. The fifth point refers to,
“the need to secure value for money for the taxpayer, and for the entitlement to be affordable to the public purse”.
In my view, the quality of care for children far outweighs value for money for the taxpayer. I understand accountability but I maintain that the first duty of childcare is quality for the child. Without that quality, all efforts to provide childcare are useless. Quality also impinges on parents going to work. Quality impinges on social mobility. No parent is going to place a child into poor-quality early years care or education. Indeed, surveys show that the top two requirements for parents are, first, location and, second, quality.
I note that many organisations share my concern. The National Association of Head Teachers states that the failure to address funding—the important issue raised earlier today—will compromise quality and that early years education, not just childcare, is essential in order to have an impact on child development. The Local Government Association talks of the danger of an underfunded system. The National Day Nurseries Association in its excellent analysis of this Bill is concerned about the threat of low pay and about recruitment and retention of staff. It suggests looking over the long term in a cross-departmental way at childcare funding and the development of a workforce strategy to improve quality. I agree.
The Special Educational Consortium has pointed out that 60% of parents with disabled children do not believe that childcare providers can cater for their child’s disability. It proposes that the Childcare Bill be amended to require the largest childcare centres to have an early years special educational needs co-ordinator. The Association for Professional Development in Early Years states that in relation to sufficient provision, quality of staff and the development of the health care and education plan is vital.
The importance of staffing could not be clearer. Skill and confidence in caring for and educating children with special needs are vital for the confidence of parents and the well-being of the child. In small settings, area special educational needs co-ordinators could be in place to advise parents and plan for health and education needs.
I hope that the Government will respond sympathetically to this group of amendments and ensure that quality of childcare is reflected in all their deliberations.
The Earl of Listowel
My Lords, I am most grateful to the Minister for his careful response and to noble Lords who have tabled amendments and taken part in this important debate on quality. I should first point out that I made a couple of omissions in my opening statement because of my wish for brevity. The man I spoke of was, of course, Winston Churchill. Also, the Minister kindly made some comments to me earlier but I was not in my place. I assure him that I was stretching my legs behind the Bar and heard every word he said, but it was not a good time to choose to do so. I apologise for that.
I am grateful to the Minister for taking the time to answer in detail on these important matters. It is good to be reminded that he is developing a strategy for the early years workforce. It is most important to all of us, I am sure. I listened with interest to the debate about the importance of Ofsted versus the importance of high-quality qualifications for staff. I am very familiar with this issue from discussions about children’s homes, and there seems to be a parallel. Within the culture of residential care for looked-after children in this country, there is a strong conservative bias towards a low-qualified workforce and a high level of regulation. Many people working in this field and many authoritative figures would say, “We do not need higher qualified staff; we need good regulation and we will work with what we’ve got”. I have followed this issue for many years and have always taken the opposite view. We need highly qualified staff when working with such vulnerable children—even more so than the staff on the continent, who are definitely more highly qualified. I am very sympathetic to the argument of the noble Lord, Lord Storey. We should start with high-quality teachers and professionals, and then regulate to make sure everything is done properly. That is the motor to real improvement.
There is a concern about private group provision and the percentage of early years teachers in those settings. We should not be too prescriptive but we know how important having professionals in early years settings is, particularly for the most disadvantaged children. It is a matter of concern that nearly 50% of independent group providers do not have early years teachers in those settings. I am sure that this will be debated further in the other place. I welcome the Minister’s many comments about the improvement in the qualifications of the workforce during the last Government. I beg leave to withdraw the amendment.
Baroness Evans of Bowes Park
My Lords, this new clause makes amendments to existing provisions of primary legislation that are consequential on the new duty on the Secretary of State under Clause 1 of this Bill and the Secretary of State’s powers to make regulations for the purpose of discharging that duty.
The proposed amendment to Section 99 of the Childcare Act 2006 would enable the Secretary of State to require childcare providers who deliver the extended entitlement to supply basic information about children receiving free childcare to local authorities and to the Secretary of State. Since 2008, childcare providers who deliver the current early education entitlement have been required to provide individual child-level data to local authorities and the Secretary of State through the school census and the early years census. The information collected enables the department to monitor take-up of free places and measure the success of the early education entitlement. Take-up rates are then published annually.
Take-up rates are key to ensuring that funding for the early entitlement is properly allocated to local authorities and, in turn, to providers. This also enables us to identify any children who are accessing more childcare than they are entitled to, which is vital in order to guard against abuse of the system. We wish to do the same for the new extended entitlement. Providing basic information about children in their care, such as their name, date of birth and the number of government-funded hours they take up, does not place an undue administrative burden on providers, as it is information they hold as a matter of course.
I should also like to reassure noble Lords that robust safeguards are in place that prohibit publication of the data in a form that names or identifies individual children. The collection and use of data by the Secretary of State, local authorities and other specified persons is, in any case, also bound by the provisions of the Data Protection Act. I am sure that noble Lords agree that making provision to enable local authorities and the Government to collect data on children accessing free childcare is key to enabling us to monitor the successful delivery of the entitlement.
Secondly, I turn to the amendment to the School Standards and Framework Act. That Act, together with regulations made under it, sets the legal and budgetary framework for the allocation of financial assistance by local authorities to maintained schools, and to private, voluntary and independent providers of free early years provision in their area. This amendment extends that legal framework to financial assistance provided to settings delivering the new entitlement to 30 hours of free childcare for working parents.
I hope that noble Lords agree that it is important that we monitor take-up of the extended entitlement and that the existing legal framework for the allocation of funding by local authorities to childcare providers is updated to reflect this new entitlement. I urge noble Lords to accept this amendment, and I beg to move.
The Earl of Listowel
My Lords, will the data give information about the number of homeless families that are taking up the entitlement, for instance, or about the number of families with children in income poverty taking up the entitlement? If it is helpful to her, I am happy for the Minister to write to me.