Children’s Wellbeing and Schools Bill
Lord Hampton Excerpts(2 days, 23 hours ago)
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Baroness Smith of Malvern (Lab)
Good training is already provided for teachers and teaching assistants, but my point was that the role of the education lead practitioner would both enable and need more training to be provided. I used the example of one of the pathfinders where that training had taken place. I suspect that, with those pathfinders, it would be appropriate if some of the additional money that had been made available contributed to that. I also made the point that it is already the case that statutory partners in safeguarding are providing resources for their safeguarding responsibilities. The point about multi-agency child protection teams is that they will enable that resource to be spent more effectively at the point when it will impact on children’s lives.
Lord Hampton (CB)
I add to the Minister’s son’s view that a lot of this training is already being done. As a working teacher, I note that we do inset days and online and offline CPD. As far as I remember, it is still a requirement of Ofsted that every teacher, when questioned, should have a working knowledge of Keeping Children Safe in Education. A plea that has oft been made to me is to ask the Minister—I have asked previous Ministers too—whether, when Keeping Children Safe in Education is updated, that could be done before the beginning of September, so that inset days can be planned with the new guidance rather than the old.
Baroness Smith of Malvern (Lab)
I am glad that the noble Lord reinforced my point—I think I am in big trouble with my son for having outed him in this debate. I am glad to hear that other excellent teachers have experienced this training. The noble Lord makes a very fair point. I will certainly go back to my colleagues in the department and say that, in reality, if we want people to be trained and updated on Keeping Children Safe in Education guidance, and if we expect that to happen at an inset day at the start of a school year, it would be a good idea if the guidance was there in time for them to be able to do that. That is a fair request.
Lord Hampton (CB)
Member's explanatory statement
This amendment seeks to ensure that SUIs can be used for research and commissioning purposes in order to improve outcomes for babies, children and young people.
Lord Hampton (CB)
My Lords, I will be quick. In moving my Amendment 61, I put on record my thanks to Laura Anderson of the National Children’s Bureau, not only for her help on this amendment but for her heroic collating of the many briefings from the children’s charity sector for a group of interested Peers.
We have talked about the SUI a lot. We know that information sharing is urgently needed—we do not need any more serious case reviews to tell us so. We know that when a child is interacting with many different services, it is important these services communicate with each other, particularly in the case of, for example, disabled children who may need the support of health services, as well as special education provision in their school, as was mentioned by my noble friend Lady Finlay of Llandaff.
A single unique identifier can mean a better, more joined up assessment of a child’s needs and a better understanding of the impact that services make on a child’s progress and development. However, this benefit should be considered not just for individual children but children as a population group. A more holistic view of children’s needs across the local area will lead to better commissioning. A more holistic view of children’s outcomes will ensure we can evaluate what interventions work best. Yet currently, the legislation explicitly excludes research studies and evaluation from the mandated purposes of the SUI.
Using an SUI across anonymised, linked datasets could have a transformative effect on identifying risks across cohorts of children and conducting research about service impact. This would not add any considerable risk to children, as the legislation does not change or weaken any existing data protection but states explicitly that the duty to share information does not authorise or require the disclosure of information if the disclosure would contravene data protection legislation. The Government’s intention for the SUI appears focused solely on direct service provision. However, enabling local commissioners and researchers to use anonymised linked datasets could transform our understanding of the impact of particular interventions across traditional service boundaries.
Information is the new gold. We have already seen how relevant and rich data can be used to form policy in education and health, so why not take advantage of this new source of information? There seems to be a lot of saying that they are not going to be databases. Will the Minister define in her answer what she means by databases? I beg to move.
Baroness Neville-Rolfe (Con)
My Lords, I very much hope that the NHS number works, so that we can get on with data sharing. When I spoke in an earlier group, I explained the importance of feedback loops in a successful organisation. The amendment moved by the noble Lord, Lord Hampton, is about using the single unique data system to inform research and commissioning. I think he has a point. The precedent of government-supported HDR UK, which I spoke about in the earlier group, is highly relevant as we found a way to anonymise such data on a consistent basis for research purposes. Indeed, the Minister might find HDR UK a useful collaborator in speeding up her excellent work and avoiding Big Brother fears.
We have heard that the single unique identifier will not be used to create a giant database. I am therefore interested in how the Government can gather aggregated data, for example by NHS trust, social service area, education authority, type of family or medical condition. Examination of such group data can reduce future mistakes and costs, target resources and improve efficiency—all the things that I tend to talk about—and make social services and the police more effective. So I would appreciate an answer about how this can be done if we are ruling out a database—by letter if need be, because it obviously goes slightly beyond the scope of the amendment. I am grateful for all the information that has been given today. It has been very reassuring.
Baroness Smith of Malvern (Lab)
I hope I can provide some reassurance to noble Lords about this. Amendment 61 seeks to ensure that the consistent identifier could be used for research purposes. I understand the concern raised by the noble Lord, Lord Hampton—and I commend him for his persistence in sitting this long to move his amendment—that the provision may appear to limit the use of the consistent identifier for research, which many stakeholders, and many noble Lords today, have rightly highlighted as a potential benefit. However, to be clear, these measures make provision for the Secretary of State to specify which agencies must use the consistent identifier and in what circumstances. Importantly, this does not prevent a consistent identifier being used for research purposes, provided that any such use is authorised in accordance with data protection and other relevant legislation.
We recognise the role of data in improving outcomes for babies, children and young people. As I say, this legislation is about when the consistent identifier must be used, rather than when it can be used, as regulations will mandate the number and the organisations required to use it. The consistent identifier could be used for research purposes, if this is authorised in accordance with UK GDPR and the Data Protection Act. We are aware of concerns around this, and officials are discussing this with key organisations. I hope that provides some assurance about the possibility of using the consistent identifier.
We have, in this legislation, deliberately prioritised use of the consistent identifier to facilitate the exercise of safeguarding and welfare functions directly. That is the basis on which we are testing its implementation and benefits through our pilot programme. If additional benefits, such as those for research, are realised, we will be in a strong position to explore how this could be facilitated. For the reasons I have outlined, and with some of the reassurance that I have provided, I hope the noble Lord will feel able to withdraw his amendment, having achieved his objective.
Lord Hampton (CB)
I thank everybody who took part in that debate and say how optimistic the Minister’s answer has made me. With that, I beg leave to withdraw the amendment.
Children’s Wellbeing and Schools Bill
Lord Hampton Excerpts(4 days, 23 hours ago)
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Baroness Lister of Burtersett (Lab)
My Lords, I will be very brief indeed. I just remind noble Lords that in considering the first amendment, which went on rather a long time, the noble Baroness, Lady Finlay, who is not in her place, talked about children’s rights being the “golden spine running through” the Bill, but that is not explicit in the Bill. Amendment 14, so ably introduced by the noble Baroness, Lady Walmsley, is a very good example of how we could be promoting children’s rights much more explicitly in the Bill.
I very much support the amendments. I will be introducing amendments myself at the very end—if anyone is still standing at that point. I had hoped to do it at the beginning. The more we can come back to this thread of children’s rights throughout the Bill, the better. I hope noble Lords will realise the importance of the amendments on children’s rights, which will be introduced at the end of the Bill.
Lord Hampton (CB)
My Lords, I will speak very briefly to Amendment 8, to which I have added my name. In this, I declare that I am one of the school of qualified teachers in this Chamber. I am also a kinship carer of twin 13-year-olds.
This is a very small but important amendment. As we have heard, the Bill attaches great importance to family decision-making. I recently had a cup of tea with my noble friend Lord Laming to ask his advice about the Bill. Sadly, he is unable to take part, but if there is one person in the House who is an absolute expert in this field, it is he. His concern—which I share, having been in decision meetings that have gone wrong—is that a badly handled meeting can do more harm than good. The wrong timing of a meeting, the participants not realising the aims or bad chairing can lead to a breakdown of trust and irreparable harm being done to a child’s future. This amendment goes a long way to making sure that the importance of an FGDM meeting is acknowledged, with the fact that it can be facilitated only by an independent, suitably trained person, and I urge the Government to accept it.
The Earl of Effingham (Con)
My Lords, I will speak to Amendment 3 in the name of the noble Baroness, Lady Stedman-Scott, which I have co-signed.
Family group conferencing was born out of the Children, Young Persons, and Their Families Act 1989 in New Zealand, whereby families became key participants in a process of decision-making. Family group conferences are now used in approximately 30 countries worldwide and in at least 22 countries in Europe. Indeed, research has shown that children whose families were referred to a family group conferencing at the pre-proceedings stage were significantly less likely to be in care 12 months later than those whose families were not so referred. This should not be a surprise to your Lordships, as such preparation and discussions offer a compelling opportunity for families to come together and unite around important decisions for their child, which has the benefit of making that child feel loved and wanted, as well as the ability to address with professionals any glaring gaps in the child’s well-being.
Amendment 3 is a simple amendment that seeks to extend the right to family group decision-making meetings to children aged 16 and 17. It is surely important that we allow children who are on the brink of adulthood to take part in decisions that could materially affect their lives. That would appear to be eminently sensible. At the age of 16, a child can agree to their own care plan, so by that very same logic it is fair and reasonable that they are involved in the family group decision-making process. This is a family-led process and is absolutely essential in keeping children with their families where possible. We should be avoiding at all costs children going into care; that should be the absolute last resort. So, allowing 16 and 17 year-olds to share their voice and their opinions would ensure that this process is as child-focused and effective as it can be. It is essential that family group decision-making is done right, and ensuring that older children are able to contribute would be an extremely positive step in that direction.
I am very pleased to see that I believe this sentiment is shared by the noble Baronesses, Lady Armstrong, Lady Longfield and Lady Drake, with the amendment tabled in their names. Proposed new subsection (7A)(c) in their Amendment 12 seeks to achieve what the noble Baroness, Lady Stedman-Scott, and I are aiming for, and we very much hope there will be cross-party support from other noble Lords on this important foundation stone.
Amendments 7, 8, 9, 10 and 11, in the name of the noble Baroness, Lady Armstrong, seek to set out key principles when implementing the family group decision-making process. Amendment 7 seeks to ensure that there is a process that accompanies these meetings. It is important that they are not isolated events but that instead the process is child-led and includes the family throughout.
Amendment 8 is similar in spirit to Amendment 5, in the name of the noble Baroness, Lady Barran, which will be debated later, so I shall only briefly touch on the issues, but we absolutely agree with the noble Baroness, Lady Armstrong, that a trained co-ordinator would prove an excellent addition to the family group decision-making team.
Amendment 9 rightly notes that an essential part of a proposal regarding concerns about a child’s welfare is the implementation of the proposal so that the best outcomes for that child can be put in place.
Amendments 10 and 11 seek to ensure that the parents or those with parental responsibility for the child, rather than the local authority, agree as to who may attend the family group decision-making meeting. It is important that those who know the child ensure that the relevant voices are heard.
Amendment 19 in the name of the noble Baroness, Lady Barran, with its proposed new clause after Clause 1, aims to ensure that there is proper oversight of the child protection plan if a child under the age of five is subject to care proceedings. It is of critical importance that the matter of the child having been significantly harmed or being at risk of the same is kept in view given the general length of proceedings and the risk of harm during them. Many local authorities discharge the child protection plan and associated formal processes when the proceedings are issued; the child’s care also often moves to the court social work team. Many of these children are living with the parents where the harm, or risk of it, is happening, and this is why they must be protected during proceedings, which run on average for 52 weeks. Their protection and arrangements for formal monitoring must be maintained at all costs. Indeed, the risk to the child might actually be raised during proceedings given the pressure on their parent or parents.
We acknowledge that this amendment has a potentially arbitrary cut-off, but it does cover preschool-age children, who all too often have been the subject of serious case incidents, when the tragedy of a child losing their life or being seriously harmed has occurred. This amendment aims to be the grit in the system that ensures that a senior, fresh pair of eyes looks at such cases to ensure that a child protection plan is not ceased without their approval.
Regarding specific amendments concerning child attendance at these meetings, set out in Amendments 13 and 14, we regret that we do not support proposals that would permit children to attend these meetings. Of course, as we have heard from the noble and learned Baroness, Lady Butler-Sloss, and the noble Baroness, Lady Longfield, the voice of the child is crucially important, but we are concerned that the attendance by the child could potentially be traumatising, create a sense of rejection and constrain necessary conversation. This must be child-centric and the child must be heard, but possibly not in these meetings.
Amendment 18 in the name of my noble friend Lord Farmer seeks to ensure that the changing needs of the child are considered throughout childhood. It is important to recognise the changing family landscape and, as such, this amendment is a sensible one as the “family network” may be able to support the child. If that is possible, the local authority should take action so that the child can benefit from such support as and when it becomes possible.
In conclusion, family group decision-making has tremendous potential to transform outcomes for vulnerable children, but only if we achieve the scope and implementation correctly. We urge careful consideration of these amendments to ensure that this promising approach will deliver on its full potential.
Children’s Wellbeing and Schools Bill
Lord Hampton Excerpts(4 days, 23 hours ago)
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Lord Hampton
“(2) In subsection (3)—(a) omit paragraph (a) in the definition of “relevant agency”;(b) at the end of the definition of “safeguarding partner”, insert—“(d) those relevant agencies which are designated childcare or education agencies.”.(3) For the purposes of this section, a relevant agency is a “designated childcare or education agency” if it—(a) has functions relating to the provision of childcare or education (or both), and(b) is designated as such by regulations made by the Secretary of State.”Member’s explanatory statement
This amendment seeks to expand the definition of safeguarding partner to include all “designated childcare and education agencies” by default. It also seeks to remove the requirement that “relevant agencies” are designated by the Secretary of State.
Lord Hampton (CB)
My Lords, I will speak briefly to Amendment 24 in my name, for which I am indebted to Action for Children and the Children’s Charities Coalition for their support, and to the more technical Amendments 20 and 25; I am grateful to my noble friend Lord Bichard for drafting them with the Public Bill Office, while I sat there looking rather bewildered. Unfortunately, he has had to catch the last home to Gloucester, so he cannot be here.
Education settings can and often do play a vital role in safeguarding. This applies from early years to FE colleges, but is particularly important in primary and secondary schools. Including education as the fourth statutory safeguarding partner has been called for repeatedly in recent years, including by the Independent Review of Children’s Social Care and the 2022 reviews into the deaths of Arthur Labinjo-Hughes and Star Hobson.
The question of education’s role in safeguarding was part of the consultation for the latest version of Working Together, the Government’s response to which was published in December 2023. There was very strong support across the children’s sector for this being implemented. The DfE response noted that, of 978 respondents, 69% agreed or strongly agreed that education being a statutory safeguarding partner was essential for effective local collaboration. However, the DfE noted at the time that any formalisation of education’s role through statutory guidance could happen only following legislative change. The Government committed in early 2024 to setting out a timetable for doing this, including a specific consultation on whether and how to make it work, but it was derailed by the election.
Education playing a full role as a safeguarding partner is a long-standing policy goal for many children’s charities. It was a key recommendation in the Jay review of criminally exploited children, published by Action for Children in 2024, as it was a strong theme in both the oral and written evidence submitted to the review. It was also a recommendation in Above and Beyond, Action for Children’s report on schools’ role in supporting disadvantaged children.
The difference between the amendments is whether the responsibility is given to the Secretary of State or given by default. To quote the noble Baroness, Lady Barran, please look at the intent rather than the drafting. Either way, they endeavour to make education a powerful partner in safeguarding: exactly how it should be. With that, I beg to move.
Lord Hampton (CB)
I thank noble Lords for this interesting and thought-provoking debate. I thank the Minister for her thorough explanation—I think I understood quite a lot of it. I would go along with the noble Baroness, Lady Spielman, asking for maximum clarity and simplicity. I greatly look forward to the letter from the Minister which will explain a lot more of this. I beg leave to withdraw my amendment.
Schools: Mobile Phones
Lord Hampton Excerpts(1 week, 5 days ago)
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Baroness Smith of Malvern (Lab)
My noble friend identifies an important development, which is that, although schools can and do control the availability of mobile phones for children, children’s access to phones is much broader than that, and the support for children to be able to operate without their phones also needs a broader range of people than simply teachers and head teachers. That type of initiative demonstrates what is already happening under the current guidance. When people come together in that way to support each other, it is something to be recognised and on which they should be congratulated.
Lord Hampton (CB)
My Lords, as a teacher, I have never taught in a school that allowed mobile phones. The Minister said that mobile phones had no place in schools, while giving head teachers autonomy to make decisions. The Children’s Wellbeing and Schools Bill is taking away autonomy from head teachers. Is it not time we just had a blanket ban on mobile phones?
Baroness Smith of Malvern (Lab)
The noble Lord raises an interesting point about those who argue that autonomy for head teachers is important—which the Government support. By the way, I dispute his interpretation of the Children’s Wellbeing and Schools Bill, which we will have plenty of opportunity to discuss in more detail over the coming weeks. It is precisely those who make that charge who now want to remove that autonomy by saying that legislation is the only way to make progress.
Children’s Wellbeing and Schools Bill
Lord Hampton Excerpts(3 weeks, 2 days ago)
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Lord Hampton (CB)
My Lords, I congratulate the noble Lord, Lord Mohammed of Tinsley, on his excellent and inspiring maiden speech, and I greatly look forward to that from the noble Lord, Lord Biggar. As ever, I declare my interest as a teacher in an academy in Hackney. I am an unpaid trustee of the Elephant Group education charity, a kinship carer of twin 13 year-olds and a parent of two teenagers. I am also a hereditary Peer and this could well be my last major piece of legislation in your Lordships’ House. So, as you might say, I am quite invested in this Bill.
What a Bill it is: 137 pages, 67 clauses and four minutes to talk about it. As everyone has said, it is a Bill of two halves. On well-being, there are many things to like—the Bill needs a lot of amendments, but basically there is a lot to like. Sadly, it misses out on the ending of the defence of reasonable punishment—what better place to put that in than a Bill that talks about children’s well-being? The evidence from Wales is pretty conclusive on that one.
However, if we are to describe the “schools” part as a curate’s egg, if I were the curate, I would just eat the toast. Head teachers should be the best people to make decisions about their schools, whether they are academies or maintained. The Bill does not deal with the lack of respect of parents for schools. It decreases innovation. It takes away the autonomy and entrepreneurial spirit that has made the outstanding academies flourish, such as the UTCs already mentioned, which provide practical technical education alongside industry to get students into skilled work.
At the school where I teach, Mossbourne Community Academy, students can choose public speaking, film and media, and yoga among other mainstream subjects. How are these trailblazing schools going to continue to innovate if they have to follow slavishly the rigid and, dare I say it, rather uninspiring national curriculum? I know that charities such as Tender are worried about the lack of a national PSHE strategy, and we wait to see what the review has to say about that.
On school uniform, the noble Lord, Lord Addington, will be pleased to know that, in our school, you can buy an almost-new blazer for a tenner that could potentially last a child their entire school career. The average mark-up on school uniforms is 7%, according to the Schoolwear Association. If the school uniform cap is to be on sports kit as well, then a school sports shirt will be considerably cheaper than a Premiership football shirt and will not have to be changed once a year or need to have an away shirt as well. I taught a 14 year-old girl who was pregnant, and you would never have known she was because of the blazer. Children, especially girls, change shape throughout their school time, something that a blazer hides very effectively. School uniforms can also be used, as we have heard recently, instead of suits for children to go to university interviews, thereby driving up social mobility.
We are going to be very busy in Committee, and I am afraid noble Lords have not heard the last of me.