Higher Education (Industry and Regulators Committee Report)

Lord Agnew of Oulton Excerpts

Tuesday 21st May 2024 Grand Committee

[Lord Agnew of Oulton (Con)]

My Lords, I refer to my interests in the register, which include being a member of the Industry and Regulators Committee that produced this report. I thank the noble Baroness, Lady Taylor, for her highly effective stewardship of the report to publication.

I have spent the last 14 years involved in primary and secondary education, but there are many who would tell you that there is no connection between this and tertiary education. I respectfully disagree and will try to show noble Lords why in the next few minutes. I should probably issue a trigger warning to those noble Lords who will disagree profoundly with many of my points today.

First, there are still people out there who think that the British university system is wonderful. I am sorry to be blunt but, other than a few exceptions, these people are living an illusion. The OfS was set up in 2018 to provide better governance. Perhaps it was just bad luck that it received the hospital pass, but the main outcome has been to see the future prospects of so many of our young people simply benighted.

The sixth sector hides behind the financial constraints that it suffers from. Of course, it is tough to live off the same £9,250 a year that has been the settlement for several years, but have a look at the secondary sector. I set up an academy trust in 2012. Today, we have 17 schools with 11,000 pupils and dozens of ageing buildings, many that pre-date university campuses. In our sixth forms, per student funding is £6,073 in Norwich for the so-called elite subjects of maths and science and £5,421 in Thetford.

Time and again during our inquiry, I was told by university luminaries that it was much more expensive to educate young people a year or two older than those for whom I have responsibility. This is despite a sixth-form phase providing 24 hours a week of face-to-face education in small settings of 20 or so students. How many undergraduate courses provide even two-thirds of that? Of course, the academic year of a university is substantially shorter, so why are there such differences in the operating model?

First, universities have indulged in a binge of building. Their buildings are funded on cheap debt, but they have to be maintained and interest rates have now normalised. Secondly, there is a vast bureaucracy. Vice-chancellors are broadly overpaid, in my view; they have recently awarded themselves another 5% pay rise, on average, while of course the people doing all the work at the front line—the lecturers—are underpaid. Universities have created a Ponzi scheme based on growing student numbers. Not one of the university managers we interviewed was able to provide a clear financial model of how their institution worked, other than relying on foreign students.

This year, my academy trust will receive an increase in its general annual grant of about 1.5%. The local LEA has taken a larger chunk to fund SEND. Despite this, we provide an extended school day to every secondary school pupil, costing about £1 million a year but adding a whole year of education over their five years in that school. We spend £400,000 subsidising musical instruments for pupil premium children and a further £500,000 hiring reading mentors to deal with a post-Covid literacy crisis. We have found that we have 1,500 pupils with reading ages between three and seven years behind their chronological age. Yes, we receive some odd capital sums to build a new school block, which is additional to those funds, but from September this year we will be educating around 270 children for free. So-called lagged funding means that we will not get the £1.7 million per pupil settlement that would have operated if we were paid for all those children on our campuses.

How do we achieve this? We achieve it through relentless and ruthless cost control at every level. Every photocopier is tracked for excess output of colour printing; every light bulb has been replaced with LED; every invoice has to be pre-validated via a central electronic purchase ordering system; every head teacher has to learn the principles of curriculum-led financial planning to control timetabling and resource allocation. I heard none of this during our inquiry.

No one could tell me why an undergraduate needed three years to complete a degree with six hours of contact time a week, why it was acceptable to take six weeks to mark and provide feedback on an essay or why, during the lecturers’ strikes, they did not use the money that they were not paying in wages to provide alternative mechanisms for those abused young people who could not get their degrees to apply for their jobs. This is before I get going on foundation years—a cynical way of luring young people for an additional paid year of study, having failed their A-levels—or unconditional offers, removing aspiration from young people as they knew they could glide in whatever happened, or offering lower grades for pupils in so-called areas of deprivation, even though they were in private schools. This happened to my own son and the next year to the daughter of the noble Earl, Lord Leicester, at the same institution. All this is for £50,000 of debt that hangs over them for up to 40 years. There were no solutions, just an agonising moanathon about how difficult everything is.

I turn to the vexed issue of overseas students. The idea that our universities have been hoovering up the world’s best and brightest is one of the most blatant sophistries of modern times. I am grateful to my honourable friend Neil O’Brien for his detailed research on this. Using data from the Migration Advisory Committee review of the graduate route to visas, he has shown that the median person on the graduate route earns about half of what the median full-time worker does. A staggering 41% earn less than £15,000 a year. Put that against the minimum wage of £24,000 and the threshold of a work visa at £30,000, and the whole grisly story unfolds.

On the point of the noble Lord, Lord Parekh, about colonialism, there is an unpleasant truth emanating from the MAC’s report. Since 2005, the number of overseas post-study visas issued to the US, Canada, Australia, New Zealand and Japan has been almost utterly consistent at around 20,000 a year. However, since study visas were reintroduced in 2019, visas for India have increased by 900% and for sub-Saharan Africa by 700%. Should students from these countries really be paying a huge premium compared to domestic fees, and then earn less than the minimum wage?

I challenge the statement of the noble Lord, Lord Norton—I paraphrase—that overseas students then return to their home countries. The MAC’s statistics show that, although only 6% of US students stay, that figure rises to between 25% and 35% for Pakistan, Nigeria and Bangladesh. The OfS claims, of course, that it has no remit on any of this. It seems that its energies are directed into meddling in a performative way on second-order and third-order issues, such as insisting that artwork from degree courses be stored for five years. So the full-size papier mâché Brontosaurus has to lurk in a basement serving no purpose to anyone. If the OfS had focused on demanding proper accountability in the financial management of the sector, it is possible that we would not be faced with upwards of 60 higher education institutions facing serious financial challenges.

I read today that my noble friend Lord Cameron, straying from his international brief, warns of widespread closures. Well, that is what happens if organisations are mismanaged. The problem should not be solved by dragging in hundreds of thousands of migrants and dependents to prop up a failing system. The current crisis represents a once-in-a-generation opportunity to repurpose many HE institutions into training institutions that reflect the needs of today’s British society and economy —think my noble friend Lord Baker on steroids. The public debate agonises about our decline in productivity and lack of economic growth but we hear virtually nothing emanating from these organisations to lead the charge.

I have only one question for my noble friend the Minister—I know that this is not her day job—and would prefer a written answer. How aware is the DfE of the impending financial collapse of dozens of our universities, and what is it doing about it?

Schools Bill [HL]

Lord Agnew of Oulton Excerpts

Report stage & Lords Hansard - Part 1
Monday 18th July 2022 Lords Chamber

[Baroness Lawrence of Clarendon (Lab)]

My Lords, I will speak very briefly on Amendment 118B.

For generations, there have been interventions that have looked at education, but what needs to change is to make schooling applicable to everyone. What is always missing is where the black child fits in. We have only to look at the scandal around the Windrush generation and the lessons that have not been learned, and the injustices that occurred back in 1948 and still do in the present day.

Back in the 1960s, Bernard Coard wrote a book called How the West Indian Child is Made Educationally Sub-normal in the British School System. The British school system has failed children in schools following the immigration of their parents into this country, and the racism they suffered in education in some cases continues to this day.

In my opinion, the majority of children in pupil referral units are from the black community. Children are sent there for many reasons, and racism is high on the agenda. Once children are placed there, you could say that is the end of their education, life chances and prospects. We can see this in the Prison Service and with employment opportunities.

The Schools Bill needs to look at education for all. Education is supposed to equip you for the future, and for you to understand who you are and that your background matters.

Racism was laid bare during the pandemic. We saw that the first casualties to have died of Covid-19 were from the black and Asian community. This was highlighted as part of my review.

Unless the Government look seriously at the impact of racism in our schools on education and wider society, we will back discussing the same agenda in years to come.

To touch on black history, it does not address the curriculum in education. I believe that decolonisation is the way forward. The Stephen Lawrence foundation will be working on this moving forward.

Wales is looking at education and the changes that are needed to the system. This is a start. What are the Government looking to do in the other devolved nations? Following on from the comments of the noble Lord, Lord Woolley, I wish that we would take the racism that happens in schools a lot more seriously.

[Lord Agnew of Oulton (Con)]

My Lords, I reassure the noble Lord, Lord Hunt, that regional schools directors are civil servants. I am sure my noble friend the Minister will confirm that there are no proposed changes to that. During my tenure they were all directly answerable to me on behalf of our Secretary of State. I tried very hard to ensure that we had a mixture of skills in that group.

When I was the academies Minister, the national schools commissioner had been a teacher, then a headteacher, then the chief executive of an academy trust, so he had a very good understanding of the whole culture. We had another very good regional schools commissioner who had been the head of local authority social services and so on, but we also had permanent civil servants. My mission was to bring them all together. They all reported to me, and we met as a group regularly so that there could be a transfer of ideas between them. I do not think there are any plans for that to change.

[Baroness Wilcox of Newport (Lab)]

My Lords, I am speaking to the two amendments we have in this group: Amendments 118G and 118H. I thank my noble friend Lady Lawrence for making some extremely salient points which I will refer to subsequently.

To the noble Lord, Lord Storey, I would like to explain that Amendment 118G will require every academy to follow the national curriculum. We have the list of things we would like to talk about because of the inherent contradictions we have found in this Bill. We have been trying to work around them and are attempting to fill the gaps as best we can. As the Government were clearly intent on a sweeping approach, we felt it was imperative that those issues be included in the national curriculum.

Amendment 118H would compel the Secretary of State to

“work with the devolved administrations”,

as noted by my noble friend Lady Lawrence, to launch and publish a review into teaching about diversity in the curriculum and

“to ensure that teaching of British history includes but is not limited to … Black British history … colonialism, and … Britain’s role in the transatlantic slave trade.”

The English education system could learn a great deal from Wales in this matter. Our new curriculum will be launched this September. The new mandatory elements of the curriculum, in particular the teaching of the experiences and contributions of people from minority backgrounds, will broaden the education of every child in Wales so it better reflects the experiences of the whole population of Wales. Educating young people about the experiences and contributions of minority ethnic peoples in Wales, past and present, will promote lasting change aimed at tackling broader inequalities within society. I urge the Minister to support this aspect of our range of amendment suggestions.

In conclusion, we also support Amendment 101 proposed by the noble and right reverend Lord, Lord Harries of Pentregarth, and other noble Lords. The values of British citizenship should include important elements, not least democracy and the rule of law—an important lesson learned by some Members of the other place in recent weeks.

Schools Bill [HL]

Lord Agnew of Oulton Excerpts

Report stage & Lords Hansard - Part 1
Tuesday 12th July 2022 Lords Chamber

[Baroness Chapman of Darlington (Lab)]

My Lords, having listened to everything that has been said, it is very tempting to rub salt in the wound, but I will resist.

We are of course pleased that the Government have agreed to withdraw Clauses 1 to 18, but note that they had no other option. At first, we wondered how this had happened. I now do not think that this was just poor drafting; I think that the Government did not know what they intended to do with this Bill. I think there was a legislative slot marked “Schools Bill” and this Bill was tabled. It should never have been tabled as it was.

Things have been said about what might have happened had this Bill been presented in the Commons. Obviously, none of us knows. I like to think that that would not have happened, because someone would have seen its deficiencies and intercepted it. All the problems we have managed to surface through our deliberations—the lack of plan, the lack of vision and there being none of the pre-legislative scrutiny that ought to have taken place and which will now take place half way through the Bill’s progress, over the summer—would have been exposed.

It is very sad that we have come to this because, as the Minister rightly reminds us, there are parts of the Bill—those looking at children not in school and illegal schools—whose implementation may be delayed, as it is not clear that we will get this Bill back as quickly as we might have done had it not been presented in the way it was. Quite a lot of work will now have to take place. It has obviously been an appalling process. It is heartening to know that noble Lords are not used to being treated this way and that we should not expect this from the Government in future.

Some colleagues have referred to Amendment 5 tabled in my name and that of my noble friend Lady Wilcox. To be clear, we did not table this imagining that it would be a favourite of the noble Lord, Lord Addington, or anyone else. The point was to demonstrate that the Government could have proceeded in another way. We will not push it to a vote, but it was tabled to show that you can go about these things in a much better way. There could and should have been much more clarity on what the Government wanted to do.

It is worth taking this opportunity to speak a little about this amendment—I will not go on—to make it clear where these Benches stand on some of the issues of substance that have come before us. It is important that we do that because, although the noble Lord, Lord Baker, and I have found common cause through the passage of this Bill so far, we have done so for very different reasons. It is important that we are upfront and clear about that—he would expect nothing different from me.

The first and most important line in the amendment is:

“Following the completion of the Academies Regulatory and Commissioning Review”.

Nothing should have been tabled along these lines until that review was complete. I welcome the fact that the Government now share that view; it is a shame that we have had to do it in the way that we have.

I want to highlight six points that we on these Benches feel are quite important and that we need clarity on so that we know where we stand. The first is the way that academies handle complaints. Then there are the minimum qualifications required by teaching staff; you will see that this amendment complements other amendments that we have tabled around complaints, admissions and qualified teacher status. We have included adherence to national agreements achieved thorough negotiating bodies for minimum standards of pay, terms and conditions of employment, trade union recognition, adherence to the national curriculum, and, importantly, a duty to co-operate with the local authority on school admissions.

That is where these Benches are coming from on this issue. We understand that that will be very different from where other noble Lords might be coming from, but we are not having a big row among ourselves on these issues. It pleases me no end to say that that is going to be the problem of the Minister when she devises her new clauses for us to consider, perhaps later in the year.

It is clearly not satisfactory that the Government intend to come back to us with these new clauses without us having had the opportunity to debate and vote on them in the way that we would have done had this process been a more normal one. Let us see what the usual channels come up with when they consider that point; it is a point that has been very well made, and one that everyone understands. It is very unfortunate that we have got to the situation that we have, but we are interested to hear about what the Minister wants to do over the summer, using the time that she has, to consult and engage with the relevant stakeholders.

I worry that, again, this is going to be rushed. The idea that some sort of consensus will emerge at the end of it is probably unrealistic. With a likely change of Secretary of State, we just do not know, from what the Minister has said in the past, where we are going to be led with this. It would be helpful if she could talk to us about the people who are going to be involved, the finer points of that process and what she expects. If we are right, and the Government did not know what they intended when they tabled this Bill and need to go through that process now, it is unlikely that the Minister at this point knows what the outcome is going to be, otherwise that is what would have been tabled in the first place. The more she could say about that at this stage, the better.

We will not be pressing our Amendment 5 to a vote, but it is really important that the House is clear where these Benches are coming from and how we would have approached this issue.

[Lord Agnew of Oulton (Con)]

My Lords, I too thank my noble friend the Minister for listening, I think she has had a torrid time over the last six weeks, and has done it with great courtesy and patience. I am delighted that she is leading on the removal of these first 18 clauses. I am anxious for the Minister to reassure us, as many other Peers have said, that we will see properly the outcome of the regulatory review that has just been kicked off, because that always was putting the cart before the horse. We need to understand exactly what the Government have in mind, and to make sure that it is proportional and specific.

Schools Bill [HL]

Lord Agnew of Oulton Excerpts

Committee stage & Lords Hansard - Part 1
Monday 13th June 2022 Lords Chamber

[Lord Hunt of Kings Heath (Lab)]

My Lords, following on from the comments of my friend the noble Lord, Lord Baker, the difficulty seems to be that we are discussing these matters in a vacuum. It will be very interesting to hear the Minister’s response to the point that the noble Lord raised. As I said on the first day in Committee, the Minister said at Second Reading that she was launching a review to

“establish the appropriate model and options for how best to regulate the English schools system”.—[Official Report, 23/5/22; col. 740.]

The question I put to her is this: how on earth can we deal with the substantive issues raised by the noble Lord, Lord Baker, if we simply do not know how these schools will be regulated in the future? If ever there were a case for pausing a Bill, this is it.

[Lord Agnew of Oulton (Con)]

My Lords, I will make a couple of observations. First, I strongly agree with the noble Baroness, Lady Chapman, and the noble Lord, Lord Knight, about the grouping of the amendments today; it is so random as to be almost impossible to fathom or follow. I give the benefit of the doubt to whoever arranges these groups, but if the aim is to throw sand in our faces and make the job far harder then there will be trouble when we get to the voting stage.

I turn to a couple of specific amendments. On Amendment 30, my noble friend the Minister admits that this power exists already. The Academies Act has been in place for some 10 or 12 years; why are officials just working this out only now? How many other parts of the Bill have that issue? I think the answer is that a great many do.

Amendment 43 wants powers to terminate agreements with trusts, but, again, there is already the power to remove a school from a poorly performing trust on an Ofsted judgment of special measures. There have been plans and talk about extending that to what is called RRI—that is, two successive RI judgments. Why is that not being done? This does not need legislation as far as I am aware.

To sum up the points made by the noble Baroness, Lady Garden, and the noble Lord, Lord Hunt, we are discussing this in a most extraordinary vacuum. There has been no consultation on the Bill and we have had no sight of regulatory review, yet we are plunged into these incredibly technical, idiosyncratic clauses. All of us share the concern to improve children’s educational outcomes. That is why I maintain my position to seek to remove most of these clauses, so that the Government can step back and rethink.

--- Later in debate ---

[Lord Blunkett (Lab)]

My Lords, I was not going to speak in this debate, but I am minded to say just a few words in agreement with the last phrases that have just been used. This is part of the problem.

We obviously need a highly-qualified, well-trained teaching profession, as we expect in the health service and elsewhere. When we have a basic standard which is adhered to and a career structure that people understand, we can of course then vary that in order to attract teachers to particular areas, such as opportunity areas that the Government have designated at the moment—education action zones, in my time—where golden hellos and golden handcuffs are available to ensure that we get the right teachers in the right place to overcome gross historic inequalities in the quality of education in those areas. I would have thought that we could reach complete unanimity about that.

I do not have an aunt who used to teach me, but I did have my mum, who left school at 14. She was pretty good at correcting my English, which says something about the schooling of today and quite a lot about what she learned up until she was 14. I would not recommend people leaving school at 14; I think I had better make that abundantly clear.

I have a PGCE myself for teaching in further education, and a great deal can be done in the post-16 area to ensure that people are appropriately qualified. I just wanted to make this point: ex-Ministers or present Ministers may eulogise about students acquiring a key body of knowledge—and with that a historic view of how teaching might take place—but it is impossible to ask pupils to acquire it if those teaching them have not acquired it themselves. That is why trashing teacher training through university is a big mistake, because someone has to have that historic foundation and knowledge of pedagogy in order to know how best to develop for the future the best way of teaching in entirely different circumstances to the ones that people might experience in the school they first enter.

I have one small caveat and disagreement with my noble friend Lady Blower. I was involved in battling for years to get a national minimum wage, because collective bargaining in some areas was about differentials and the clash between the craft unions and the general unions—I do not want to go back to those days.

[Lord Agnew of Oulton (Con)]

My Lords, this is an important question, but, again, I would be looking for the output, not the input—in other words, when asking whether teachers should be qualified, it is the quality of the qualification that matters. At the moment, it is a nine-month course without any validation at the end. We have the Teach First initiative, which was pioneered very successfully by Labour, which is six weeks of training. Looking at parts of the economy where we are desperately short of good teachers—take a subject such as computer science, for example—I would say that you could bring those sorts of people into teaching for a couple of years, because they might want to put something back in an initiative similar to Teach First but then go on to a different career.

So, if we are worrying about the quality of teachers, we must be careful that this is not just about some formal qualification. It is about how good they are and, particularly in response to the noble Lord, Lord Blunkett, it is about how good they are at enthusing children in the classroom. I think we have moved into a new and very difficult game post-Covid. Children were learning across screens remotely on and off for two years, and the skills needed to enthuse and engage children in that way have changed, rather than just standing in a classroom. So, I am sceptical, but this is an important point, and I am glad that we have the chance to debate it, because this is exactly what a Schools Bill should be doing.

[Lord Nash (Con)]

I support my noble friend. I say to the noble Lords, Lord Knight and Lord Blunkett, that if a teacher has been teaching in the private sector for 20 years and is well qualified in their subject—through university and through practising it for 20 years—are we really going to make them take a course for nine months, at the end of which there are no exams, so that they are qualified to teach? I think we need to be a little more flexible about this.

Schools Bill [HL]

Lord Agnew of Oulton Excerpts

Committee stage
Wednesday 8th June 2022 Lords Chamber

[Baroness Brinton (LD)]

My Lords, I intervene briefly and echo the support for all those who have spoken about the problems with the powers of the Secretary of State. I come back to a point made slightly earlier about the lack of detail in the Bill, which does not provide a framework for what should follow in regulation. Some of us who have followed the health brief throughout the Covid era know this all too well.

I will just give noble Lords one example of where things went wrong. Nothing gave any guidance to the Health and Safety Executive about how its responsibilities would be carried out. There were Covid enforcement powers for local authorities, Covid enforcement rules for the police and everything else, but whenever anyone went to the HSE to ask it what they should be doing, there was no role for it at all. In fact, on at least two occasions Ministers brought back regulations because they were not working in the field. One might say that in a pandemic mistakes will happen, but because there had not been a framework in the Coronavirus Act it was not clear what the Government were trying to achieve by those objectives.

The worry is that Bills keep coming to your Lordships’ House with so little detail in them—this may be the most recent and most egregious example—that it will be impossible to safeguard everything, and even for this House to do its job should we get to scrutinise them properly, because we just do not have the framework that the front of the Bill sets out for us.

[Lord Agnew of Oulton (Con)]

My Lords, I draw to your Lordships’ attention my relevant interest in the register as the deputy chairman of the Inspiration academy trust.

Although I have been here for nearly five years, this is my first experience of dealing with legislation as a Back-Bencher and I am completely flummoxed by the process. The Bill has been introduced with no consultation with the sector and there has been a promise of a regulatory review that has not even begun, so it has landed like a lump of kryptonite among all of us who are trying to educate children in the system. That is why I have asked my noble friend the Minister to just step back and kill off these 18 clauses so that there can be some proper reflection.

When we have such a backlog of legislation, I find it extraordinary that we are going to waste days and days grinding through pointless clauses. I defer to the noble and learned Lord, Lord Judge, and so on about all the constitutional stuff, but I know how much this country needs to legislate on important things, and I am going to have to go through the 20 paragraphs of Clause 1(2) and explain why none of that stuff is necessary. In the education system we all know that it is not necessary. If it needs to be clarified, fair enough, but in my two years as Academies Minister I used the Academies Financial Handbook. Every year I amended it; I consulted the sector and we basically squeezed out the mavericks that my noble friend Lord Baker refers to.

A few days ago we had a bizarre conversation with our noble friend the Minister and her officials. I asked how many there are left—I knew there were problems. They said 1%. We are going to spend days going through this for 1%, without having had any consultation and without any regulatory framework in place. I do not understand that, so I urge the Minister, however uncomfortable it might be in the short term, to back off and reconsider. I understand that it might need a write-round, but take the hit early because this is going to be very messy. I think there is enormous consensus across the Chamber today. We have at least three previous Academies Ministers and a previous Secretary of State for Education. We all come at it from different perspectives, but we share one overriding objective: to improve the quality of education. I hope the Minister will listen.

There are really only four things that the Government, sitting in their ivory tower, should worry about: good governance, sound financial management, good educational outcome and the highest level of safeguarding. That is where they should start. The Government have four organs to achieve those things: bureaucrats sitting here in Whitehall; the regional school directors—although they have just been renamed—out in the field; the ESFA, which is the financial organisation that oversees the financial capacity of the academies; and Ofsted. We have to mesh those together and show the sector how they should work. That should be the starting point.

[Lord Knight of Weymouth (Lab)]

Given the noble Lord’s relatively recent experience as Academies Minister, can he clarify, using those four things, how he would have gone about dealing with the 1% that is the basis of our having to legislate, as the Government would put it?

[Lord Agnew of Oulton (Con)]

That is a very good question. I can tell the noble Lord candidly that when I arrived in that post in September 2017 it was more than 1%. In my first few weeks in office, I was probably getting three or four cases a month of maverick trusts on the brink of failure financially and basically, as my noble friend Lord Baker said, putting a gun to my head for a financial bailout. By the time I left, we had virtually eliminated that. I did it through what was then called the Academies Financial Handbook—it is now the Academy Trust Handbook—by absolutely binding the ESFA tightly together with the RSCs, so that whenever they met a MAT or a single-academy trust, the two people were in the room. I bang on about the money because if you get the money right, you have the resources to educate properly. That is how I have always managed the process, and we achieved it.

I accept that there are different views of Ofsted and that Ofsted is not perfect, but one thing about Ofsted is that the brand value across the sector is very strong. People respect it—they might resent it—but there is a mechanism to appeal if you get a report you do not agree with. Everyone in the sector largely accepts that it is the arbiter of good education.

When I left, the ESFA was an extremely effective organisation; it knew where the money was. I know that noble Lords opposite me do not all agree with academies, but the financial reporting and transparency of the academy programme is infinitely greater than those of local authority schools. An academy trust closes its books on 31 August. It has to file audited accounts in four months, by 31 December; ordinary companies have nine months to do that. That is not a requirement in the local authority schools and it provides huge scrutiny. You pick up the warning signals. If those accounts are not filed on 31 December, I used to get a weekly report on who was late and how late they were, and went after them. If they were late filing their accounts, you knew there were problems. By the time I left, we had got that down to a very small number.

I do not want to bang on about all this detail in this Chamber—it is not fair on noble Lords. I just want the Government to back off on this. There are some important things in this Bill—the homework and home schooling stuff—which are absolutely vital. I saw that agony when I was here, in my noble friend’s place, when we had a Private Member’s Bill and it was suffocated. This is a huge problem, getting worse all the time. Let us get that sorted out. This is a crucial problem, not to be sorted out in a rush. My noble friend has been bounced; the Bill Office has just said, “You’re the first cab in the rank in this new Session, get on with it,” and she has not had the time to do the job properly.

I am going to stop here, but I want to thank my noble friend the Minister. I think that she has been given an impossible job; she is bending over backwards to listen to everybody here, and I want to extend my courtesy to her and say that I will do anything I can to help.

--- Later in debate ---

[Lord Lucas (Con)]

We do, of course, have the ability to recommit a Bill to Committee if there are substantial changes to it.

[Lord Agnew of Oulton (Con)]

My Lords, I rise briefly to support my noble friend Lord Lucas on protecting these freedoms and to try to cross the bridge between the noble Baroness, Lady Brinton, and the noble Lord, Lord Knight. I managed those interventions with the powers that already exist. The freedoms that my noble friend Lord Lucas proposes go to the heart of what academisation is about. I will give noble Lords one tiny example. In Norwich we have two primary schools four miles apart. In one school they speak 25 different languages and the other is in an old-fashioned 1950s council estate—a totally different dynamic where a totally different approach to education is needed. Is that to be decided here in an ivory tower in Whitehall?

[Baroness Fox of Buckley (Non-Afl)]

My Lords, I apologise for missing some of the earlier speeches; the ones I heard were very helpful. I support this group of amendments because it emphasises the question of freedoms. The one thing I had agreed with the Government on in the past—there has not been very much—was the emphasis on the kind of freedoms schools would have, which is why I am completely bemused by what has happened with this Bill.

The other very important thing has been raised in other comments, which I would like the Minister to take away. If you tell anyone outside this place that there is a Schools Bill and you are talking about schools, interestingly enough they say, “What are the Government proposing for schools? What is the educational vision?” I have talked to teachers, parents and sixth-formers and they say, “What’s the vision?” I have read it all and I say, “There is none, other than that the Secretary of State will decide that later on.” Because there is no vision, these amendments really matter as they give a certain amount of freedom to people who might have some vision, even if I am not convinced that the Bill has it. I was glad to see these amendments.

Adoption Support Fund

Lord Agnew of Oulton Excerpts

Thursday 13th February 2020 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Education (Lord Agnew of Oulton) (Con)]

My Lords, I am grateful to the noble Lord, Lord Russell, for securing this important debate to discuss the All-Party Parliamentary Group for Adoption and Permanence’s Investing in Families report on the adoption support fund beyond 2020. I am also grateful to him for his constructive and helpful approach.

The ASF was introduced in 2015 to improve access to much-needed therapeutic support for adopters and their children. It is reassuring to hear that those who participated in the inquiry think that it is largely achieving that aim. Tens of thousands of families have been able to access support that they would not have been able to without the fund.

The noble Baroness, Lady Smith, and the noble Lord, Lord Watson, queried the longer-term funding outlook for this success story. The Government have increased funding year on year; it has twice the original budget now and that will rise further next year to £45 million. Already, £140 million has been released to support families.

The noble Baroness, Lady Smith, is worried about some of the bureaucracy. It is absolutely part of our approach to continually challenge the structure of these sorts of arrangements, and if any noble Lord participating in this debate has any specific concerns about excessive bureaucracy, asking a question several times or generally being inhospitable to people, I would be pleased to hear of it. It is a personal mission of mine to try to simplify all the government bureaucracy I deal with and make it accessible to as many people as possible.

The noble Baroness, Lady Smith, also asked about the annual application requirements. It is something we are going to look into beyond 2021. We originally introduced a maximum of 12 months’ funding to ensure the appropriateness of the therapy received and that we are linked to the health service. Another point for the noble Lord, Lord Watson, who is always a hawk on funding, is that today we announced a substantial local authority settlement. It has gone up from £46.2 billion to £49.2 billion for 2021. That is a 4.4% increase and the biggest year-on-year increase in a decade.

The APPG report asked about future funding, which we have just discussed. We committed in our manifesto that adoption would remain a key area and the adoption support fund would continue. As noble Lords are aware, all departmental spending after 2021 is subject to a future spending funding settlement. My right honourable friend the new Chancellor of the Exchequer will be very busy on that from today, but we recognise that this fund is making a difference.

None the less, in line with the approach taken last year, I confirm that, from July 2020, families will be able to start nine months of therapeutic support, even if it does not end until after March 2021. This transitional arrangement will continue until the outcome of the spending review is confirmed. The noble Baroness, Lady Massey, rightly says that the feedback on the fund has been good. The evaluation of the fund found that the majority—84% of parents surveyed—felt that the ASF had helped their child and made the adoption placement more stable and less likely to break down. It showed that there has been a statistically significant improvement in adopted children’s behaviour and mental health. This includes parents’ understanding of their children’s needs and meaningful improvements in parents’ well-being.

I am particularly pleased that the report draws heavily on the lived experience of children, young people and their families, social workers and therapists. It is always important to hear how the policies we make affect those on the ground. Ninety per cent of children and young people said that the fund had helped them significantly. It is encouraging to hear that the fund has literally been life-changing for many young people and their families.

The noble Lord, Lord Triesman, asked what the Government are doing about the problems of children with potential multiple diagnoses. It is important that children who have experienced trauma and loss have access to high-quality specialist assessments that result in an agreed support plan. In recognition of this, we have made an additional £2,500 per child available this year, through the ASF, for specialist assessments. The noble Lord, Lord Triesman, also asks about overseas adoption. We have included new duties for virtual school heads, specifically to look after that cohort of vulnerable children. In 2016, we extended the eligibility of the adoption support fund to families who had adopted from overseas.

The report shows how the fund has been working and what more we can do to improve it. The noble Baroness, Lady Massey, asked about take-up of the fund. So far this year, 88% of applications have related to adopted children and 12% to special guardianship children who were previously in care. We have seen an almost fourfold increase in applications involving special guardianship children since the fund was opened to them in 2016. The fund does not collect data on income. However, I will write to the noble Baroness with any more detail we have in the department.

The APPG has identified a number of areas that are being considered carefully, as we think about the fund’s future in the context of the spending review process. The noble Lords, Lord Russell and Lord Watson, raised a few of these issues today, and I will attempt to give the House some initial views. The noble Lord, Lord Russell, stressed the need to improve prevention in families, and I wholly agree. This links to comments from the noble Lord, Lord Triesman, on general improvements and is one of the purposes of our £84 million innovation programme. We certainly do not intend to stand still in any of these areas.

I will not be able to cover all the recommendations, but I can assure the House that they are all being considered. We are taking immediate action on some of them. For example, we are increasing awareness of the fund among eligible special guardianship families and an information leaflet that has been developed in partnership with the Family Rights Group, Adoption UK and Home for Good will be launched shortly. This will be made available for all local authorities to share with the families they are working with.

On the question raised by the noble Lord, Lord Russell, about extending access to the fund to new groups of children, we will look at the report’s recommendations. However, we do not want to duplicate support that should already be provided elsewhere—for example, when a child is in the care system. We will have to consider the consequences for the fund’s budget of any extension to new groups, and that is why we will consider those issues as part of the forthcoming spending review. The noble Lord also raised the issue of establishing a board of clinicians in the Department for Education to provide clinical oversight of the support provided by the fund. We have always consulted clinicians on what therapies can be provided and we will carefully consider whether setting up a new board would be helpful in that process.

Ensuring that the application process is as streamlined as possible has been a priority for us. The number of applications has quadrupled in the five years since the launch of the fund. Recently we put in place a new, improved application system designed in conjunction with feedback from users, but I also refer to my earlier points on continually challenging that process.

Our annual survey of local authorities about the system showed that 78% are satisfied or very satisfied with it as compared with just 26% last year, which is an impressive 300% improvement. Another issue raised in the report is that of the delays in getting initial assessments completed or services in place. These issues are being addressed through the regional adoption agencies. The report rightly identifies that the fund alone cannot meet the needs of all families. It should form part of the support offer for children and families. We agree that more work is needed to ensure that a genuine multi-agency approach is taken when providing support.

The noble Lord, Lord Triesman, mentioned siloing. This is a problem across the whole of government, but I am delighted to report that we are seeing growing success through the regional adoption agencies. We now have 22 up and running, and between them they cover 109 local authorities. We are actively working with the remaining 45 or so to encourage them to join in and participate.

This debate has highlighted the success of the fund since its launch five years ago. It also highlights the need for practice around the fund to continue to evolve and improve. Nationally, we will endeavour to increase awareness among special guardians, and as I said earlier, we are already taking action to address this.

Lastly, I want to take this opportunity to look at unregulated settings, which is a key issue for some children who remain in care. These can be an important step towards independence for older children, but we are concerned that they are not always good enough. That is why yesterday the Secretary of State published a consultation to invite views on a set of new measures. The proposals include introducing new checks and balances into the system, including national standards for providers and measures to drive up the quality of provision. We are keen to hear views on these proposals and the consultation will be open until 8 April.

I was certainly very moved to hear the comments of the right reverend Prelate the Bishop of Worcester about his personal experience of the fund. The noble Lord, Lord Russell, was right to end his comments by reminding us that these children did not choose their circumstances, so we must do everything possible to improve their lives.

Children in Care

Lord Agnew of Oulton Excerpts

Monday 3rd February 2020 Lords Chamber

[Lord Laming]

To ask Her Majesty’s Government what action they are taking to prevent children in care being placed in unregistered accommodation far away from their home local authority.

[The Parliamentary Under-Secretary of State, Department for Education (Lord Agnew of Oulton) (Con)]

My Lords, where local authorities place children in independent and semi-independent settings, they must ensure that these are suitable and meet the needs of young people. Ministers have also reminded local authorities of their duty to keep children safe. This is even more important if they are placed out of area. The Secretary of State made this expectation clear in his letter to local authorities last year. We continue to consider where further action is needed.

[Lord Laming (CB)]

My Lords, I am very grateful to the Minister. I know that he shares my concern about the increased number of children who are being taken into public care, and the effect that that is having on their well-being and development. It is especially worrying that an increased number of these children are being placed in unregistered accommodation, often many miles from the local authority that is responsible for them, simply to put a roof over their head. Will the Minister assure the House that this new Government will give priority to the well-being, safety, care and education of these very vulnerable children?

[Lord Agnew of Oulton]

My Lords, I assure the House that this is a priority area for the Government. We committed in our manifesto to a review of the care system, which will cover key issues facing vulnerable children and young people. The Government have invested £5 million from our innovation programme to develop new approaches to care placements. This includes supporting local authorities to increase their capacity in residential care and to improve their commissioning practices.

[Lord Anderson of Swansea (Lab)]

My Lords, what priority is given in the guidance to placing children near their homes?

[Lord Agnew of Oulton]

My Lords, it is always a priority to ensure that children are placed as near to their home as possible. However, there are certain circumstances where this is not wise, such as getting them away from the impact of gangs or where there are deep disputes in their family—but the emphasis is very much on keeping them locally. We have two initiatives, Staying Put and Staying Close, which are both aimed at keeping children locally. Staying Close encourages foster parents to keep the children in care beyond the statutory age, and that is starting to work.

[Lord Lexden (Con)]

My Lords, I commend my noble friend and the Government for their continuing efforts to enable more looked-after children suited to boarding education to obtain places in our state and independent boarding schools. How does the cost of a place in a boarding school compare with other types of provision for looked-after children?

[Lord Agnew of Oulton]

My Lords, this is an area of particular focus for me. I have made a lot of effort over the last two years to encourage local authorities to be more open-minded about the possibility of boarding school places for children who are being—or who are at risk of being—looked after. The independent sector has offered 40% bursaries for children in these categories. If that is taken into account, it is substantially less expensive than the normal routes that a local authority might take. We have also seen indicative evidence that the educational outcomes are far stronger for many of the children who go down that route.

[Baroness Thornhill (LD)]

My Lords, half of England’s £8.6 billion children’s services budget is spent on the 73,000 children in care. Surely the two key questions are: why are there so many youngsters in care; and why are cash-strapped local authorities and hard-pressed social workers being driven to take this course of action, which, in my experience, none of them wants to do?

[Lord Agnew of Oulton]

On the noble Baroness’s issue about funding, we have made the tremendous commitment of an extra £1 billion a year to adult and children’s social care for every year of this Parliament. We have also invested a further £84 million in targeted and evidence-based interventions to improve the support provided to vulnerable children. The decision on when to take a child from his or her birth parents and put them into the care system is enormously difficult and complex, but it often has to be the case because of disintegrating family circumstances. I assure the House that the decision is never taken lightly.

[Baroness Meacher (CB)]

My Lords, what action are the Government taking to assess the mental health consequences of placing a child in care outside their home local authority area?

[Lord Agnew of Oulton]

My Lords, the mental health of these children is extremely important. One recent initiative we have introduced is the role of virtual school heads, who become the overseeing official for a child who is looked after in his or her school setting. We are seeing that that is starting to work. They have control over the enhanced pupil premium, which allows funds to be spent on such things as additional tutoring and mentoring, summer and weekend schools and additional support to schools for these vulnerable children.

[Lord Watson of Invergowrie (Lab)]

My Lords, I am not sure that the Minister has grasped the seriousness of this issue. He referred euphemistically to independent or semi-independent homes. These are homes that are unregistered, in some cases illegal, and beyond the purview of Ofsted. It cannot be right that thousands of children are sent there each year, with minimal checks on who is providing the accommodation. Ofsted reported two weeks ago that it had discovered organisations that were, in its words, “gaming the system” by setting up short-term arrangements to avoid registering as a children’s home. That cannot be right. I have a simple question that the Minister will not have to refer to his trusty ring-binder for: how can it ever be acceptable for a vulnerable child to be placed in an unregistered home?

[Lord Agnew of Oulton]

My Lords, I am afraid it is not quite as simple as the noble Lord would like to suggest. He is quite correct that Ofsted has carried out 150 investigations in the last year, and alongside this it has tightened up requirements under its inspection regime for local authorities to share how they monitor children in unregulated provision. However, the reality is that we have an increasing number of older children in the care system who do not want to be in a traditional fostering situation and want semi-independent living. That is one of the reasons for the increase in this category.

Looked-after and Adopted Children

Lord Agnew of Oulton Excerpts

Tuesday 28th January 2020 Lords Chamber

[The Lord Bishop of Gloucester]

To ask Her Majesty’s Government what plans they have to review support for children looked after by local authorities and those children who are adopted.

[The Parliamentary Under-Secretary of State, Department for Education (Lord Agnew of Oulton) (Con)]

My Lords, we are committed to undertake a review of the care system. We are already implementing substantial reforms to improve outcomes for this most vulnerable group of children and young people. Alongside the reforms, we are providing councils with an additional £1 billion for adult and children’s social care in every year of this Parliament. The review will allow us to go further in ensuring that children and young people have the support that they need.

[The Lord Bishop of Gloucester]

My Lords, I am grateful that this much-needed review has been announced and I trust there will soon be details of a specific timetable, not only for the review but for its implementation. In the meantime, what are the Government doing to ensure that 16 and 17 year-olds vulnerable to county lines exploitation are always housed in safe, stable and appropriate accommodation? Are the Government confident that councils have appropriate resources?

[Lord Agnew of Oulton]

My Lords, the right reverend Prelate is right that an increasing number of older children are going into care, and their preference is often to go into less-regulated accommodation. County lines is a phenomenon that has arisen over the last five years and we are now acting strongly to deal with it. In October we announced £20 million of targeted investment to increase our efforts against county lines, and £5 million of that is already in operational use.

[Lord Watson of Invergowrie (Lab)]

My Lords, almost three-quarters of children in care live with a foster family. Those families are the unsung heroes of the system, providing a vital service at minimal cost while saving the Treasury countless millions, something that the Minister might care to acknowledge. Ofsted recently reported that 60% of children in children’s homes are placed there from outwith their local authority area, and research by the Children’s Society highlighted the fact that children in out-of-area homes are much more likely to go missing from care. Surely the interests of the child should be at the centre of all decision-making when it comes to placements, but that seems to be lacking. Can the Minister offer an assurance that when the review to which he has referred takes place, it will take an in-depth look at placement policy?

[Lord Agnew of Oulton]

The noble Lord is right that 73% of children in care are with foster families and that such families are indeed heroes of the system; in most cases they provide stable, loving homes. We have also learned that the longer that a child spends in one home in continuity, the better his or her life chances are in future. We are concerned about children being placed out of area, but there are often legitimate reasons for it, such as taking a child out of exposure to a local gang or a difficult family environment that he or she needs space from.

[Lord Lexden (Con)]

How far have the Government got with their plans to enable more looked-after children suited to a boarding education to gain places in our excellent state and independent boarding schools?

[Lord Agnew of Oulton]

My Lords, this has been a particular passion of mine. We have created a unit called Boarding School Partnerships, which is encouraging local authorities to engage far more with boarding schools. We even have an offer by many of the independent schools of a 40% bursary for looked-after children. A study recently carried out by Norfolk showed the longitudinal outcomes of looked-after children or children on the edge of care, and they achieved far greater educational results and indeed often came off the register completely.

[Lord Storey (LD)]

My Lords, as the Minister said, these are the most vulnerable children in our community. They are four times more likely to develop mental health conditions. Surely it is not acceptable that 65% of all looked-after children receive support within local authorities whose services are deemed to fall short of what is expected. Can we have a clear statement from the Minister that this will be tolerated no more?

[Lord Agnew of Oulton]

My Lords, we certainly do not tolerate the failure of children’s services and local authorities. We have made a great deal of progress over the last five or six years. For example, Birmingham was a failing children’s services institution for 10 years but is now out of that. Likewise Doncaster, where we created a trust, is now greatly improved.

[Baroness Butler-Sloss (CB)]

My Lords, as a former family judge, I am well aware of the very considerable problems that many adopted children and their families have in settling together. What will the Government do to help adoptive families and adopted children when there are mental health and other serious issues?

[Lord Agnew of Oulton]

My Lords, we have created a large number of initiatives over the last few years. For example, the adoption support fund has provided £136 million since 2015 and has helped some 50,000 families. We have also committed a further £45 million in 2021 to provide therapeutic support for adoptive and eligible special guardian families through the same fund. The regional adoption agencies, through which over 70% of local authorities deliver their adoption services, are creating a system through which children are matched with adopters as quickly as possible and with the matches that are best suited.

[Lord Kennedy of Southwark (Lab Co-op)]

The noble Lord did not address the last part of the question from the right reverend Prelate about the adequacy of resources for local authorities to fulfil their duties. Will he answer that part of the question, please?

[Lord Agnew of Oulton]

My Lords, as I mentioned, we have provided interventions when local authorities have failed, and have seen 47 local authorities improve in their Ofsted inspections over the last five years and not revert downwards.

[Baroness Stroud (Con)]

Could my noble friend outline the Government’s plans to increase the number of adoptive and foster families that are prepared to take disabled children, both under and over the age of four?

[Lord Agnew of Oulton]

My noble friend is right that children with any kind of mental or physical disability are harder to place. The key is to try to get these young children placed as early as possible. Our scorecard will be published shortly, which shows the progress that local authorities are making across the country.

[The Archbishop of York]

My Lords, I declare an interest. Margaret and I adopted a brother and sister; Davina was three and George was eight. Their long-term stay with us depended on a wonderful social worker by the name of Ruth. She visited regularly and was able to talk to our two children and the adopted children. Davina is now 33 and George is 38. They both have good jobs and are working very well. The key is really an increase in the number of social workers who can work closely with adoptive and foster families. However, I have not seen this. If we really want to care for young children who have been fostered or adopted, we need to increase the number of sensitive, able and capable social workers. Without them, relationships tend to go wrong.

[Lord Agnew of Oulton]

My Lords, it is certainly true that we have a huge demand for good social workers. This is also about establishing that as a profession and giving it a higher profile, which we have done over the last few years. We are also using interventions such as the Early Intervention Foundation, a charity established in 2013, to champion and support the use of effective early intervention. We funded this foundation, giving it some £2 million in 2018-20 to assess, evaluate and disseminate evidence. I entirely accept that good social workers are crucial.

Schools: Excluded Children

Lord Agnew of Oulton Excerpts

Monday 27th January 2020 Lords Chamber

[Baroness Meacher]

To ask Her Majesty’s Government what plans they have to improve support for children excluded from mainstream schools.

[The Parliamentary Under-Secretary of State, Department for Education (Lord Agnew of Oulton) (Con)]

My Lords, every child in this country should have the opportunity to receive a decent education. This includes children in alternative provision, many of whom are vulnerable or disadvantaged. To help achieve this, we will expand alternative provision schools and improve their quality so that their pupils receive an education on a par with their mainstream peers. Special and alternative provision will continue to be an integral part of the free schools programme.

[Baroness Meacher (CB)]

I thank the Minister for his reply. However, exclusions from mainstream education have increased dramatically over recent years. County lines gangs and drug gangs generally target these vulnerable children as they emerge from their pupil referral units. They are sitting ducks for those criminals. Will the Minister initiate a review within government of the urgent need to provide professional mental health care and help with communication problems for children identified as at risk of exclusion? The important point is to keep children in mainstream education while addressing their often severe mental health and other problems. This will cost money, but it will be a fraction of the hundreds of millions which would otherwise be spent on police, courts and, most particularly, prisons, as these children pursue a lifetime of drug-related crime.

[Lord Agnew of Oulton]

My Lords, to put things in perspective, the level of exclusion has remained broadly stable over the last 15 years at 0.1%. However, I take on board the noble Baroness’s comments. More needs to be done in mainstream education, which is why we are announcing and rolling out our behaviour hubs to try to stop children being excluded. The quality of alternative provision also needs to be improved continuously to deal with some of the issues that she raised.

[Lord Storey (LD)]

My Lords, as the Minister knows, the problem is that many excluded pupils go into unregistered alternative provision. In many cases, this does not have simple things such as a register or safeguarding procedures. One of the reasons this happens is because local authorities, which are responsible for this, choose unregistered provision because it is cheaper. They say that they have a quality assurance regime. Will the Minister liaise with Ofsted and the Local Government Association to make sure that this quality assurance regime complies? Finally, where are we up to on a register for all children who go missing?

[Lord Agnew of Oulton]

My Lords, the noble Lord raises a good point on the link-up between the Local Government Association and Ofsted. I certainly recommend that the Local Government Association write to HMCI to outline the issues that the noble Lord has raised. There should be a closer join-up. Essentially, such a school is illegal if it has more than five pupils and is teaching a full curriculum—that is the bottom line of an unregistered setting. If there are failures in the two linking up, that needs to be improved. We have announced a broader review of the whole SEND system, on which we will provide details soon.

[Lord Baker of Dorking (Con)]

My Lords, far too many pupils are expelled from our schools today and it is a disgrace. Teachers want to get rid of their most difficult children, particularly to improve their exam results. Should not the Government look at the whole principle of exclusion and see whether it should be more strictly monitored? The schools that I promote—university technical colleges—very rarely use exclusion. We work with disengaged and difficult children; we train them properly so that they can have a better life and get a job.

[Lord Agnew of Oulton]

I acknowledge the great work that my noble friend is doing with UTCs, and he is right that they have attracted an excessive number of children who are more broadly off-rolled rather than excluded. As I said in answer to an earlier question, the level of exclusion has not spiked particularly; the more pernicious practice is off-rolling. In the new inspection framework that Ofsted rolled out in September, much more focus goes on to that and a school’s rating can be adversely affected if evidence of it is found.

[Lord Watson of Invergowrie (Lab)]

I was pleased to hear the Minister support the point made by the noble Lord, Lord Baker. Further to that point, children with special educational needs and disability account for almost half of permanent exclusions and so-called off-rolling, often in situations where parents are encouraged to remove their child from school for reasons more beneficial to the school than to the pupil. Last year, the Government commissioned the Timpson review, which contained the recommendation that the Department for Education should ensure that schools were held responsible for children whom they excluded and accountable for their educational achievements thereafter. The Government accepted all 30 of the Timpson recommendations. What steps have been taken to ensure that head teachers cannot simply wash their hands of children whom they take off the school roll?

[Lord Agnew of Oulton]

The noble Lord raises a very good point and is correct that the Timpson review made a number of recommendations that we accepted. Work is ongoing to look at the feasibility of its implementation, and we will make announcements on that shortly. On an expelled child being rated back to the school from which he or she was removed, in theory it is a very good idea, but we need to be careful because it will obviously depend on the quality of the provision where he or she was sent, and it would not be right for the referring school to be penalised. More active thinking is going on with our larger academy trusts about creating their own APs so that they own the problem. In the longer term, this is probably a more useful solution, as it means that the system is better joined up.

[Baroness Butler-Sloss (CB)]

My Lords, some of these children have mental health problems. What are the Government doing about delays with CAMHS?

[Lord Agnew of Oulton]

The noble and learned Baroness is right that mental health is a more prevalent issue among these vulnerable children. In our Green Paper Transforming Children and Young People’s Mental Health published in December 2017, we made various commitments, including the creation of mental health support teams and 25 trailblazer sites delivering 59 mental health support teams by December 2018. Those teams are expected to complete their training by the middle of this year and will be fully operational following it. A further 123 mental health support teams will be introduced in 57 sites over the next 24 months.

Children: Rights and Well-being

Lord Agnew of Oulton Excerpts

Thursday 9th January 2020 Lords Chamber

[Baroness Massey of Darwen]

To ask Her Majesty’s Government, following their ratification of the UN Convention on the Rights of the Child, what plans they have to promote children’s rights and well-being across government departments in this Parliament.

[The Parliamentary Under-Secretary of State, Department for Education (Lord Agnew of Oulton) (Con)]

My Lords, we remain strongly committed to delivering a framework of actions across government to promote children’s rights and well-being. We have successfully delivered a range of measures, including establishing a UNCRC action group and launching a children’s rights training package and an impact assessment template across the Civil Service. We will continue to promote these tools during 2020, including via the action group.

[Baroness Massey of Darwen (Lab)]

My Lords, I thank the Minister for his reply, which I find worthy but somewhat incomplete. Is he aware that the UN Convention on the Rights of the Child, which the UK ratified in 1991, had its 30th anniversary last year? Is he also aware that in 2016 the Committee on the Rights of the Child reviewed the UK’s record of achievement in relation to the convention as regards, for example, children in care, child mental health, youth justice and child poverty? We were criticised for having no overall strategy or action plan for children, as recommended in the convention. The next review of the UK’s achievement will be in 2021. Will the new Government take the opportunity to set up before 2021 a committee to form an action plan and strategy for children across government departments, with a lead Minister to oversee it, to assess and improve our performance in helping children thrive and achieve? There is much support and enthusiasm for such action across the children’s sector. How will the Government respond?

[Lord Agnew of Oulton]

My Lords, there is a broad range of work across government that promotes children’s rights and well-being, which is set out in the report that we provided to the UN in November last year at the conference to mark the 30th anniversary of the UNCRC, as the noble Baroness mentioned. The report summarises the work of 14 government departments. My department has strong working relationships with other departments on children’s rights. I am confident that these will continue in the run-up to the next reporting cycle in 2021.

[Baroness Boycott (CB)]

My Lords, I declare an interest as the chair of Feeding Britain. We recently saw new and disturbing academic research. Children in Britain who are on free school meals are allocated £2.20 or £2.30, depending on where the school is. It has come to light that councils are now so broke because of the cuts that they are taking around 50p of that allocation for their needs. When the money then gets to the school, it is also so broke because of budget cuts that it nicks another 50p. This is not malice but just need. In too many instances now, the actual value of the food that we are serving to our hungry, needy kids—as is their right—is 82p. Can the Government assure us that they will look into these figures and ring-fence that amount? Food is always the bit that gets cut, either by a hungry mother or, in this case, a hungry council.

[Lord Agnew of Oulton]

I am certainly happy to look into the figures that the noble Baroness refers to. If she has any example of a local authority where she feels that excessive amounts are being top-sliced away from food provision, I would be interested to hear of it. I have not seen examples of that myself.

[The Lord Bishop of Rochester]

My Lords, I have two particular groups of children in mind whose well-being is often compromised. The first are those who have a parent or other primary carer on the cusp of going into custody. What plans do Her Majesty’s Government have to ensure that sentencers, including magistrates, are aware of the new guidance from the Sentencing Council on this matter? On looked-after children, what intentions do Her Majesty’s Government have to further promote the vocation—it is a vocation—to become a foster carer or an adopter?

[Lord Agnew of Oulton]

On the right reverend Prelate’s first question, I will certainly check with officials that the justice system is aware of the provisions that he refers to. Looked-after children is an issue of increasing priority for the Government, as was mentioned in our recent manifesto, and I completely agree that they are one of the most vulnerable groups in our society. One of the initiatives that I have encouraged, for example, is the far greater use of local authorities teaming up with boarding schools which offer 40% bursaries to encourage some of these vulnerable children to join their institutions. We have seen evidence of a dramatic improvement in the life chances of those children.

[Lord Storey (LD)]

My Lords, with a 28% increase in the number of children in care, a 53% increase in the number of children on child protection plans and, as we heard yesterday, a 70% increase in the number of children being excluded from school, are we taking our obligations seriously?

[Lord Agnew of Oulton]

My Lords, we are committed to social care; it is one of our top priorities. In the settlement for 2020-21, we see the largest rise in core spending since 2015; a real-terms increase of 4.3%. On top of that, we are investing £84 million in targeted, evidence-based interventions to improve the support provided to vulnerable children and their families and to enable more children to stay at home, thriving with those families.

[Lord Kirkhope of Harrogate (Con)]

My Lords, in 1996, I had the privilege of representing this country at the congress that took place on the United Nations Convention on the Rights of the Child in Stockholm. We in this country were proud of our presentation on that occasion, and we should continue to be proud of the efforts we have made in relation to the rights of the child, both domestically and elsewhere. Is it not a good idea that we should perhaps have a more comprehensive review, to make sure that we bring together in a more co-ordinated fashion all the elements throughout our departments which protect children?

[Lord Agnew of Oulton]

I agree with my noble friend that this is a continuous effort that needs to go across government. We know that government can be weak across departmental initiatives, and I completely agree that we should do everything we can to strengthen that.

[Baroness Lister of Burtersett (Lab)]

My Lords, in view of the recent High Court judgment that the exorbitant fees charged to children who register that they are entitled to citizenship are unlawful because due regard was not given to the best interests of the child, what steps are the Government now taking to ensure that all government policy-making gives primary consideration to the best interests of children, in line with the UN convention?

[Lord Agnew of Oulton]

My Lords, we are confident that we comply with all the main conventions of the UNCRC. A recent CRAE report praised the work that we are doing in government. I quote from its summary report:

“More encouragingly, the Department for Education … has taken positive steps to raise awareness and understanding of children’s rights across Whitehall and to encourage policy makers to take children’s rights into account in decision-making.”