Children and Social Work Bill [HL]

Debate between Earl of Listowel and Baroness Tyler of Enfield

3rd reading (Hansard): House of Lords
Wednesday 23rd November 2016 Lords Chamber

[The Earl of Listowel]

My Lords, I thank the noble Lord, Lord Farmer, for his work and persistence in this area. I recall a 28 year-old woman with experience of the care system who recently married a lovely man, an accountant. She had had the most terrible start in life and never met her father until she was 16. She talked in public about her experience at university and the relationships she had with the women with whom she shared a house while at university, who visited her and comforted her when she often fell into depression and withdrew to her room and isolated herself. I commend the noble Lord for his perseverance on this matter. I am very grateful to the Minister for listening to him and bringing forward this amendment today.

[Baroness Tyler of Enfield]

My Lords, I welcome and support this government amendment. I too thank the noble Lord, Lord Farmer, for pursuing this matter so very vigorously in Committee and on Report. “Relationships” is just one word but in my view it makes such a difference. If this amendment is accepted, as I hope it will be, it will enrich the Bill and make an immense difference to the lives of troubled children entering and leaving care respectively, if the measure is implemented in the way so many of us have argued for. It sends an important message to local authorities, professionals, social workers and others about the importance of relationships in children’s lives and what an important part of their practice it is.

Children and Social Work Bill [HL]

Debate between Earl of Listowel and Baroness Tyler of Enfield

Monday 4th July 2016 Grand Committee

[Baroness Tyler of Enfield (LD)]

My Lords, I add my support to Amendment 39, to which my name has been added. It says it all that we are discussing this important issue about relationships in a hugely important group with some hugely important amendments but, frankly, the two do not sit very happily together.

At Second Reading and last week I talked about mental and emotional health, including how the love and support of foster parents can make all the difference. That is because of the relationship involved. I also stated that very little notice appears to have been taken in the family test, which was part of the impact assessment accompanying the Bill, of children’s wishes and feelings, particularly about relationships that they value or may want to preserve. It is not an exaggeration to say, as the noble Lord, Lord Farmer, did, that the Bill at the moment is almost devoid of reference to relationships. I am very pleased to see that other noble Lords are trying to ensure that this emphasis comes through more strongly in other amendments in other groups. I fear that that this lack of emphasis on relationships threatens to undermine the admirable intent of a good chunk of the Bill, which is obviously to ensure that we improve outcomes for care leavers.

There is an absolute wealth of research reports, including those from the Centre for Social Justice, concluding that if we do not put strong, healthy relationships at the heart of the care system, we will never see the improvement in life chances that we are all ambitious for. At Second Reading, I talked about the need for ambition—for setting ourselves a higher standard. We simply cannot treat the presence of strong relationships in the lives of children who have been in care and are leaving care as a “nice to have”. That is just not good enough. Strong relationships are of fundamental importance to any young person in their transition to adulthood. Without someone who will provide unconditional love and acceptance, the challenges that the world presents can sometimes seem insurmountable. Such relationships must be a fundamental element of young people’s care-leaving packages. Those young people need to know how to draw on the resources inherent in good-quality relationships; for example, how to handle misunderstandings and perceived slights, and the constant need for compromise—give and take, if you like.

Finally, there are good relationship support services available for young people. Indeed, there is evidence of their effectiveness—they work. They are provided by a broad range of providers, mainly in the voluntary sector. I draw noble Lords’ attention to my declared interest as vice-president of the charity Relate. If local authorities were required to provide information—not the service itself, just information—about relationships and these services, we would begin to see far greater take-up of what is on offer. Those benefits would then go into adult life and adult family relationships.

[The Earl of Listowel]

My Lords, the noble Lord, Lord Farmer, spoke effectively about the fundamental importance of relationships to us all but particularly to young people whose first relationship is often so flawed and damaging. That made me think of the example that some of our senior politicians currently set about what a good relationship is. One lesson we might learn from current experience is that our political culture needs some reform. We need to think about how we make our culture one where the best rise to the top, and where we have confidence that they are shining examples to us all of how one should behave. I say that with all my own faults and probably hubristically; I apologise for that.

I shall concentrate on two amendments in this group. The first is Amendment 30 from my noble friend Lord Ramsbotham, which is on screening. As a child, I had a speech impediment. I was teased by other boys because of it. I saw a speech therapist, did some exercises and no longer have my speech impediment. I was no longer teased by the other boys and I felt better about myself for that. We know that many young people in care can feel stigmatised, different or abnormal, as was mentioned earlier, so to provide them with these services and enable them to recover—to speak normally, as others do—is particularly important from that aspect.

Children and Social Work Bill [HL]

Debate between Earl of Listowel and Baroness Tyler of Enfield

Wednesday 29th June 2016 Grand Committee

[The Earl of Listowel]

My Lords, I rise to speak to my Amendments 3, 31A, 36 and 37 in this group. They would all have the effect of extending duties to government departments, going beyond local authorities, in recognition of the role they play in the lives of looked-after children and care leavers. I should like to advance this by creating a comprehensive and tangible national offer for care leavers to lay the strongest foundation for their transition to adulthood.

With all the uncertainty in this country, in Europe and in the world at this time, there may be a silver lining; it may help us to gain some insight into the uncertainties experienced by these children. Their Chancellor and Prime Minister are either absent or unable to function. They have no idea from one day to the next where they are going to be. So when we feel uncertain about the leadership of our parties in this country and of our future, or if we fear that we have alienated our friends and neighbours, it may give us some understanding of what it feels like for a three, five or 10 year-old who is in a family in which the parents simply do not function; there is no leadership or guidance and tomorrow they may be we know not where. Perhaps we know to some extent the fear and anxiety that these children feel. If we do not intervene effectively by giving them guidance, leadership and a clear structure to their lives, they may go through their whole lives experiencing fear on a daily basis, unable to form relationships and function in the world. To some degree we are experiencing a lack of structure at the moment.

I welcome the commitment of the Government to putting for the first time corporate parenting principles into law. I see it as an important step in making sure that children’s best interests, life chances and future prospects are put at the core of decision-making processes. The Minister will be aware, however, that the corporate parenting role does not stop with local authorities, because all levels of government are corporate parents to children in the care system. My first amendment seeks to extend the scope of corporate parenting responsibilities to include central government departments. I heard what the noble and learned Lord, Lord Mackay of Clashfern, said about corporate parenting responsibilities, and perhaps it is unfortunate that I am using these terms. But I go back to what he said earlier in the debate today. What I am seeking, and I think what we all want, is to extend the duties more widely than just to local authorities. That will ensure that we all work together to get the best outcomes for these children.

Welcome steps were taken in the 2013 cross-departmental Care Leaver Strategy, which brought together for the first time government departments to consider the impact of their policies on care leavers. For instance, care leavers in the employment system are now flagged up to workers in jobcentres and employment agencies so that the staff know that they are dealing with a care leaver and need to exercise particular care. I pay tribute to the Government for that. The amendment provides us with an opportunity to further advance that progress.

My noble friend Lord Ramsbotham spoke of the need to work across different agencies. I would like very briefly to quote from my noble friend Lord Laming’s recent report on preventing the criminalisation of young people in care, In Care, Out of Trouble. He takes forward the theme of how we must work better together to improve outcomes. For instance, he says:

“The work must be driven by strong and determined leadership at national and local levels, taking a strategic multi-agency approach to protecting children in care against criminalisation”.

His first recommendation is that,

“commissioning and disseminating a cross-departmental concordat on protecting looked after children”,

is vital. So he very much embraces the principle of ensuring that all departments work together to protect and promote the welfare of these children.

Noble Lords engaged in this debate will be aware that more than 10,000 children aged over 16 left the care of a local authority last year to begin the difficult transition into adulthood. Not only are these young people beginning this journey but they are also finding themselves independent and often without the support network afforded by a family. This rapid accession into independence, coupled with a lack of a close support network, means that many care leavers are at particular risk of debt and financial hardship—two things that no parent would wish on their child.

In subsequent groupings my noble friend Lady Howarth of Breckland and I will discuss a national offer so that these children get better support as they move forward from care and face fewer financial worries. In the meantime, I commend these amendments to your Lordships and I look forward to the Minister’s response.

[Baroness Tyler of Enfield (LD)]

My Lords, I have Amendment 5 in this group and lend my support to Amendments 4 and 31, which are in very similar territory. The purpose of my amendment is simple and has already been alluded to—the new corporate parenting principles should apply also to commissioners of physical and mental health services for children in care and care leavers.

As we have already heard, Clause 1 introduces a set of principles to which all local authorities must “have regard” when carrying out their responsibilities in relation to children in care and care leavers. Like other noble Lords today, I very much welcome the introduction of these principles. They should help to ensure that, when local authorities make decisions about services and what is best for children, they have the children’s best interests—their health and well-being, their wishes, feelings and aspirations—at the forefront of their mind.

It was argued very strongly at Second Reading and has already been mentioned today that parents will always seek the best for their children and that the state should be no different. I do not think it is an exaggeration to say that most parents would move heaven and earth to ensure that their child is either in good health or receiving the treatment they need if they are physically ill or in mental distress. I believe that the corporate parenting principles should be extended to health commissioners, reflecting the vital role that these bodies play in shaping the lives and outcomes of children in care and care leavers. As we know, these children are much more likely than their peers to have poor physical, mental and emotional health. To give one example, children in care in England are four times more likely than the average child to have an emotional or mental health problem. That is an issue we will return to in a subsequent group.

As the Education Select Committee identified in its recent inquiry, health services are often not organised in a way that makes it easy for children in care to access. There is already evidence of targeted support being decommissioned because of financial pressures. Child and adolescent mental health services tend to be reluctant to assess or treat a young person until they believe that they are stable in their placement and that there is little risk of them being moved to another area. It is a similar problem, I have heard, with GP registrations. It very much affects access to the services that these children need. It is a vicious circle. Placement instability leads to poor access to services, higher levels of unmet need and poorer outcomes. We simply have to do something to break this vicious cycle. That is the purpose of this amendment.

I will finish by saying that I have listened very carefully, both at Second Reading and, indeed, to the noble and learned Lord, Lord Mackay, today about the need to ensure that the local authority responsibility as corporate parent is sharp, clear and undiluted, and is not made too complicated. I will not mind at all being told that I do not have the wording of my amendment right or that it is not in the right place and should be in a different part of the Bill; I just want these principles to apply to health commissioners, without in any way diluting the core, central responsibility and accountability of local authorities.

Childcare Bill [HL]

Debate between Earl of Listowel and Baroness Tyler of Enfield

Wednesday 1st July 2015 Lords Chamber

[The Earl of Listowel]

My Lords, Amendment 4 in this group would insert “high-quality” into Clause 1(1). Amendment 6, which we will come to later, similarly inserts those words into this subsection. It also asks the Secretary of State to produce a strategy for developing high-quality care within six months of the Bill coming into force and lays out that the strategy should include,

“a target for the number of graduates in the early years workforce”—

I am not sure whether it is a particularly helpful target so I will not discuss it—

“a target for the proportion of managers of early years settings who are graduates, and … a plan for increasing the number of nursery schools to a specified level”.

The reason I tabled this amendment is, in part, the same reason that I gave earlier: what happens at the very beginning of our lives affects our adulthood to a huge degree. This is something of which we are becoming more and more aware. The intimacy that we experience in childhood is very much what allows us to have intimacy as adults. If that experience of intimacy as a child causes fear and disquiet, then, as an adult, we may find it difficult to be intimate with others, which has a huge impact.

Quality is really important. I was grateful for the opportunity to speak to the Childcare Minister and to hear, for instance, that he is looking at sharing early years practitioners with schools, perhaps in reception. I hope that a strategy will look at these innovative ideas so that perhaps it would become normal for early years practitioners to move into primary school education and for primary school practitioners to move the other way. It would greatly enrich learning in primary schools; a really good understanding of child development—which can be developed in particular by working with and observing infants—could be really helpful for primary school teachers. Anna Freud said so to a group of teachers back in the 1930s or 1940s. As a teacher, your job—or an important part of it—is to understand child development, recognise when the child has strayed from the normal course of child development and know how to bring that child back on to their proper developmental course.

That notion is important. We might also look at a strategy of co-training—something that I know has been discussed in the past—whereby early years professionals train with health visitors, mental health nurses, social workers and family support workers to strengthen their understanding of, and develop a respect for, what others do so that they can work more effectively. It is a multi-agency way of getting the best outcomes for children.

The noble Lord, Lord Storey, alluded to concerns about the number of graduates leading early years provision and the evidence that we are unlikely to get the outcomes that we want if graduates—I think they have to be the right kind of graduates—are not leading settings. I had some acquaintance with the manager of a Montessori school in London. She was an Oxbridge graduate and we had many interesting conversations about her work. I was struck by how very thoughtful she is. Clearly her children must benefit from the degree and depth of thought that she gives to her work.

I have mentioned previously one element that is really important in a nursery setting and that is the “key person”—a designated early years practitioner who is responsible for each child. In a sense, the key person is the guardian of secure attachment while the child is placed in a nursery. However, there are two difficulties with that. First, it can be quite distressing for the key person from an emotional point of view because they become quite attached to the child and the child becomes attached to them. If they move on or there is a break in the care, the child will be upset, as will the key person. So, from an emotional point of view, there is pressure on them not to really engage with and care for the child. Secondly, some parents will be jealous that their infant is forming such a close relationship with someone in the early years setting. These things have to be thought through very carefully so that the child does not grow up in a sterile, unemotional environment but in a rich, warm environment. That is why I have tabled my amendment, and I look forward to the Minister’s response.

[Baroness Tyler of Enfield (LD)]

My Lords, I shall speak to Amendment 20 in my name. However, before doing so, I want briefly to lend my support to the amendment in the name of the noble Baroness, Lady Massey. I feel that it is a very important amendment as it provides a necessary rebalancing in the Bill between the needs of the child—we heard the statement about putting the child at the heart of the Bill—and those of working parents. Both are important but we have to think very hard about how those two interests and sets of needs can be best balanced.

The amendment to Clause 1 in my name would require regulations to set out the quality standards that childcare providers must adhere to in order to deliver the 30 hours of free childcare. Essentially it is about the quality of the childcare to be provided and it is a probing amendment.

While it is encouraging that the quality of childcare is gradually improving—we heard about this at Second Reading—there are still insufficient numbers of high-quality free entitlement places for three and four year-olds and disadvantaged two year-olds, resulting still in too many children attending poor-quality settings or being unable to access provision that meets their individual needs. Some 15% of disadvantaged two year-olds are attending settings that have not been judged good or outstanding by Ofsted. We know that this position is particularly stark both for children with special educational needs and disabilities—we will come later to amendments that focus on that group of children—and for disadvantaged children. I thought that the Affordable Childcare Select Committee report—I declare an interest as a member—was particularly strong in pointing out that childcare provision in deprived areas is less likely to be good or outstanding than that in affluent areas, compounding the disadvantage that already exists.

We know that current quality standards for early education and childcare are set out in statutory guidance for local authorities. However—this is my key point—it seems to me imperative that the expansion of free childcare to 30 hours does not in any way undermine recent progress in improving the quality of the free entitlement. The early years foundation stage and a robust Ofsted inspection process have both been central to improvements in outcomes for young children in recent years. While the Government acknowledge in statutory guidance that high-quality provision has the greatest impact on children’s development—that is very welcome, particularly for the most disadvantaged children—they have not restricted the delivery of the free entitlement solely to good and outstanding providers due to a shortage of high-quality places.

It is unclear to me—hence this probing amendment—whether the Government plan to use regulations underpinning the Secretary of State’s new duty to prescribe the quality standards that childcare providers must meet in order to be able to deliver the 30 hours of free childcare. I always like to look on the bright side, so it seems to me that the Bill presents an opportunity to secure quality standards for the additional 15 hours of free childcare and, at the same time, to strengthen existing quality standards for the free entitlement for three and four year-olds.

Very much in that spirit, perhaps I may ask the Minister some questions. First, will regulations be used to place quality requirements on providers of the additional 15 hours of free childcare? Secondly, can the Minister provide assurances that all childcare settings providing the additional 15 hours will be required to be judged good or outstanding in their most recent Ofsted inspection to deliver the early years foundation stage and to have all staff holding or working towards a level 3 qualification? Thirdly, will the Government consider using the introduction of the additional 15 hours of childcare to raise the quality of the current free entitlement? Finally, can the Minister provide any assurance that the Government will develop, publish and implement—I am sure that many people in this House would be happy to help on this—a strategy for expanding on and improving the quality of the early years workforce, building further on the recommendation in Professor Nutbrown’s report and, in particular, on the recommendation that there should be graduate leadership in all settings, including, most importantly, those in disadvantaged areas?

Health and Social Care Bill

Debate between Earl of Listowel and Baroness Tyler of Enfield

Wednesday 29th February 2012 Lords Chamber

[The Earl of Listowel]

My Lords, I support the amendment of my noble friend Lady Finlay of Llandaff. I noted what my noble friend Lady Murphy said. The Minister is aware that I have a long-standing concern about less-than-mainstream services for children and families, particularly in the mental health area. It became apparent several years ago when considering legislation around safeguarding children that there was a great shortage of appropriate interventions for children who sexually harmed other children. The approach was very piecemeal across the country. I became aware of a service working in London with these children. A team with a psychiatrist, a couple of clinical psychologists and a couple of social workers helped children who sexually harmed other children. Its interventions prevented those children going on to become adults who sexually harmed children. A large proportion of children who are sexually harmed are harmed by other children.

This is a very important service, and what I have heard again and again over the years was how the service had struggled to find funding. It appealed to its primary care trust, which simply did not recognise the importance and value of what it did. My concern is that, in a climate where there is such a shortage of resources, the national Commissioning Board may be too far away from these very small services in local areas. Therefore, it is important to do all that can be done to ensure that clinical commissioning groups have the expertise to recognise the value of these niche services and do what they can to support them. I look forward to the Minister's response and hope that he will comfort me.

[Baroness Tyler of Enfield]

My Lords, I rise briefly to support Amendments 75 and 94, tabled and spoken to so clearly by my noble friend Lady Williams of Crosby, which are very important. The nub of the amendments is that they are designed to address the problem that we know still exists of a limited number of people who are not on GPs’ lists and who, as has been said, fall through the cracks and often—inappropriately—turn up in accident and emergency units. I can verify this because on a recent weekend I spent 12 hours in accident and emergency with two of my relatives. During that time, time after time people came in with needs that were real but which it was not for A&E to meet. Problems with access lead to some of the inequalities in health outcomes about which we on all sides of the House are very concerned.

When considering the Bill recently, the Minister agreed to new duties to ensure that CCGs and the national Commissioning Board include in their annual report details of how they have met their health inequalities duties. I very much welcome these changes to the Bill, but I am not convinced that this reporting after the event is going to be sufficient to tackle some of these very deep-seated inequalities, which often lead directly from difficulties in access to NHS provision.

Will my noble friend the Minister consider giving some very real teeth to the absolute imperative, as I see it, of universal provision—an absolute founding principle of the NHS, which I know is supported across the House—and see whether these duties could be extended in some way so that CCGs and the board also need to include health inequalities and issues of access in their commissioning plans and in the board’s performance assessment of CCGs? I would be very grateful if the Minister could reflect on this in his concluding remarks.