Children’s Private Information: Data Protection Law

Lord Harris of Haringey Excerpts

Monday 12th December 2022 Lords Chamber

[Baroness Barran (Con)]

I apologise; I am afraid that I will have to write to the noble Earl with the detail on that.

[Lord Harris of Haringey (Lab)]

My Lords, in her response to my noble friend, the Minister did not answer the key question. She told us the criteria that the department used for its use of data, but this was clearly the use of data to make money. Is that appropriate for a government department in respect of records that relate to children?

[Baroness Barran (Con)]

To be absolutely clear and for the avoidance of doubt, the department was not making money out of this. It was a previously legitimate user of the department’s data which changed its business model and breached its contract with the department to sell the data.

--- Later in debate ---

[Baroness Barran (Con)]

My understanding is that we relied on an existing advisory service at the time of the data breach and that those functions have now been brought in house. We have a dedicated data protection officer, who sets policy for the whole department.

[Lord Harris of Haringey (Lab)]

My Lords, can the noble Baroness expand on this third-party provider who changed their business model? How many contracts does that third party have with government in respect of other aspects of data?

[Baroness Barran (Con)]

My understanding is that that third-party provider is no longer trading.

Schools: Staffing

Lord Harris of Haringey Excerpts

Thursday 4th April 2019 Lords Chamber

[Lord Agnew of Oulton]

My Lords, the noble Baroness is right: it is complicated, and that is why we introduced the national funding formula, which put another £1.3 billion into the system. Since 2017, we have given every local authority more money for every pupil in every school, while allocating the biggest increases to schools that have historically been the most underfunded. There are 43 local authorities that between 2017-18 and 2019-20 have seen a 4% or greater increase per pupil.

[Lord Harris of Haringey (Lab)]

So what exactly is the change in per-pupil funding?

Multi-Academy Trusts: Salaries

Lord Harris of Haringey Excerpts

Thursday 14th February 2019 Lords Chamber

[Lord Agnew of Oulton]

My Lords, the justification is very simple: you take the number of pupils in that trust, divide the senior management team costs by that number and look at the extraordinary results being achieved. These schools were failing; they had been abandoned by local authorities for decades. These children are now getting extraordinary life chances.

[Lord Harris of Haringey (Lab)]

My Lords, I first declare that I have no connection with the Harris academies. What assessment have the Government made of the correlation between academy trusts and their senior management and the number of instances of fraud or serious misconduct in the presentation of statistics?

[Lord Agnew of Oulton]

My Lords, as I said in my earlier answer to the noble Lord opposite, academy trusts are subject to a great deal of scrutiny and we continue to review this. For example, from April of this year, any academy trust requiring a related-party transaction in excess of £20,000 needs prior approval from the ESFA, the agency which manages them, and all have to be disclosed. Those are not requirements for local authority schools.

Special Educational Needs and Funding

Lord Harris of Haringey Excerpts

Thursday 6th December 2018 Lords Chamber

[Lord Agnew of Oulton]

My Lords, we are introducing more training on SEND issues in the initial teacher training modules. For example, we are including the subject of mental health generally as a voluntary rollout from September next year and it will become compulsory the following year. We have also provided funding to the British Dyslexia Association to deliver training to teachers to support the early identification of learning difficulties.

[Lord Harris of Haringey (Lab)]

My Lords, in his question a moment ago, the noble Earl referred to the fact that a very high proportion of young children with special educational needs are excluded from school. More than a quarter of those with an SEN designation were excluded last year, and it is five times the rate when it comes to permanent exclusions. Can the Minister tell us why that is and whether the Government are happy with that situation, or are they content to allow schools to get rid of pupils whom they find slightly inconvenient to improve their overall results?

[Lord Agnew of Oulton]

My Lords, I can categorically assert that we are not happy with that, and it is one reason why we have commissioned a report by Edward Timpson to look at the whole issue of exclusion. The noble Lord is quite correct to say that the percentage of vulnerable children being excluded is too high, and it is worth saying that a school will not get a good or better rating from Ofsted until it can justify any level of exclusion beyond what might be the norm. We are also dealing with this by increasing the level of provision for special education and AP schooling. We have already opened 34 special free schools and a further 55 are due to be opened to help this vulnerable group.

Schools: Indoctrination

Lord Harris of Haringey Excerpts

Tuesday 6th February 2018 Lords Chamber

[Lord Agnew of Oulton]

My Lords, I note the concern of the noble Lord, Lord Soley, and indeed of the noble Lord, Lord Storey. In our debate on Second Reading of the Bill promoted by the noble Lord, Lord Soley, we made it clear that we recognised the concerns that had led to the introduction of the Bill in the first place. That is why we are producing for consultation a revision of the guidance for local authorities which clarifies that their powers in relation to home education often go further than is appreciated. We expect to produce the draft guidance for consultation in the next few weeks.

[Lord Harris of Haringey (Lab)]

My Lords, what consultations and discussions has the Minister had with the Security Service and with counterterrorism policing about the very high incidence of the children of people who are subjects of interest for counterterrorism investigations turning out to be home schooled? Does that not suggest that there is a prima facie case for much more substantial registration and regulation of that sector, in particular to avoid extremist grooming in very young children?

[Lord Agnew of Oulton]

I note the noble Lord’s concern. We addressed many of these points in the debate on Second Reading of the Bill promoted by the noble Lord, Lord Soley. We have just received legal advice on the powers of local authorities to investigate children who are being home educated. It is clear that there are more powers, but I do not think that they have been clearly delineated and explained to local authorities. That is the point of the guidance that we will be issuing shortly and we will be looking for feedback from local authorities on it.

School Census: Pupils’ Nationality

Lord Harris of Haringey Excerpts

Wednesday 12th October 2016 Lords Chamber

[Viscount Younger of Leckie]

I can reassure the noble Lord that the information is not given to the Home Office. There has been some mischief in the press about this, but I reassure the House that the information is kept within the Department for Education and is not passed on to the Home Office.

[Lord Harris of Haringey (Lab)]

My Lords, can the Minister give an absolute assurance that it is not obligatory for a school to fill in this question, and that no sanction will be applied to a school which fails to do so, or to a parent who does not answer?

[Viscount Younger of Leckie]

That is absolutely correct. The guidance is very clear on that. If, for example, a school wishes to send information to the DfE and parents do not agree for that particular child, it does not get sent.

Schools: Funding

Lord Harris of Haringey Excerpts

Tuesday 22nd March 2016 Lords Chamber

[Lord Harris of Haringey (Lab)]

My Lords, need and deprivation—I think that that is what the noble Baroness meant—are going to be at the core of the new system. Will the Minister give us an assurance now that in, say, four years’ time, when we look back at how this new formula has been applied, it will not simply have benefited Conservative-controlled areas?

[Lord Nash]

I can give the noble Lord that assurance. It is quite clear that the formula will benefit many areas that are Labour controlled, and it is being driven entirely on the basis that we have a level playing field for all pupils so that we can deliver educational excellence everywhere.

Childcare Bill [HL]

Lord Harris of Haringey Excerpts

Wednesday 1st July 2015 Lords Chamber

[Baroness Eaton]

My Lords, the Minister has already made it clear that the concerns of the House were to be brought back at Report in October. However, the issue of child poverty is of great importance to the whole nation. I do not think that the electorate are particularly interested in the finer points of how we reach conclusions.

[Lord Harris of Haringey (Lab)]

Perhaps the noble Baroness can explain why it is in the interests of either this House or the nation for the Government to bring forward legislation without telling the country the detail of what is contained in it. It is a constitutional issue that is being raised now, not a party-political point.

[Baroness Eaton]

My Lords, I feel that I have made my point firmly.

Social Justice Strategy

Lord Harris of Haringey Excerpts

Thursday 16th October 2014 Lords Chamber

[Lord Nash]

My noble friend makes a particular point on a particular statistic. I shall take it away and write to him.

With the new Children and Families Act we are introducing a requirement to consider mediation before taking action through the courts. There is also better access to information for couples through the Sorting out Separation online service. Care leavers are at an increased risk of falling into a cycle of disadvantage, given the lack of support as they move into adulthood. JCP can now identify care leavers in the benefit system and offer more tailored support through earlier referral to the Work Programme. Following the launch of the first ever cross-government care leaver strategy in 2013, a further One Year On report will be published on 29 October and will set out how each department has met its milestones and what more will be done to continue the push for better services for care leavers. As part of care leavers week later this month, Ministers and care leavers will be undertaking exchange visits. These types of activities help to bring the voice of the people closer to policy-making. That is so important, as my noble friend Lady Tyler has said.

Earlier this year, it was my privilege to lead the Children and Families Bill, now an Act, through this House, a key plank of which was the new “staying put” duty on local authorities. It will mean that young people in foster placements can continue to live with their former foster carers beyond the age of 18, when that is what they both want to do, providing them with the opportunity to experience the stability and security of family life enjoyed by their peers.

Social justice is underpinned by work. This is the best route out of poverty. Work increases self-esteem; introduces routine into what can be chaotic lives; the individual becomes a valued member of society rather than sitting on the fringe, and they are a role model for their children. Work can replace the vicious cycle of disadvantage with a virtuous one. DWP’s innovation fund is working with 14,200 young people who are already or are at risk of becoming NEETs to improve their lifetime employment prospects. Each month’s labour market statistics bring new records. Employment is at a record high, with 30.8 million people in work. Unemployment fell by more than 500,000 on the year, the largest annual fall on record. The unemployment rate is at its lowest since 2008. Long-term unemployment, for those out of work for more than 12 months, is down 194,000 on the year, and 77,000 since 2010. The number of workless households is down over 400,000 since 2010 and that rate is now the lowest on record. In the past, the welfare system has been a barrier to people moving into work. Universal credit will restore the incentive to make the step into work, and to progress once there. It will remove the gap between out-of-work and in-work support. The Work Programme is providing specialist support for those furthest away from the labour market. So far, it has helped 330,000 people into sustained employment.

The Government are also providing support to make a sustained change to the lives of the most disadvantaged adults. Transforming Rehabilitation is changing the way the Government are working with offenders. Every offender released from custody will receive supervision and rehabilitation in the community. We are working in prisons to improve the prospects for offenders when they leave prison. Prisoners receive training aligned with employers’ needs, and advice from National Careers Service advisers. My noble friend Lady Tyler raised the question of a breathing space for those in debt. We support the principle of ensuring that people who fall into difficulties are given time to get back on their feet. The FCA has stringent rules about forbearance and how people in financial difficulties are treated. We have taken firm action to tackle those lenders who are exploiting those in difficulty. In April this year, the FCA took over responsibility for regulating all consumer credit firms, including payday lenders. It has demonstrated that it will take tough action, with Wonga recently being made to write off more than £200 million worth of unaffordable debts.

To deliver long-lasting outcomes for disadvantaged people, we need to engage locally with the people best placed to deliver real change. This is why we introduced social impact bonds, with the UK being a world leader in this area. In 2010, there was just one social impact bond, now there are 17. My noble friend Lord Kirkwood talked about social investment, which has grown over recent years. The social investment market was worth £200 million in 2012. Big Society Capital was also launched in 2012 with £600 million of funding to be both an investor in and a champion of the social investment market. We also established the Centre for Social Impact Bonds within the Cabinet Office in 2012 to encourage innovation in public service delivery, grow the social investment market and build an evidence base of what works.

Government will continue to work with localities to identify gaps in the national welfare system and reduce or remove duplication or fragmentation. Government will work with local enterprise partnerships to support their plans to strengthen their local economy by developing a response to the question of how integrating local services across geographical areas can provide value for money and improve outcomes for claimant groups.

Good evidence and data are essential to tackling social problems. The Centre of Excellence for Information Sharing, an innovative collaboration between central and local government, has been set up to break down the practical barriers to information sharing and is working across a number of areas, including troubled families, welfare reform and justice, to achieve practical, on-the-ground solutions to break down information sharing barriers.

My noble friend Lady Tyler has raised some very important points today about listening to the voices of people with multiple needs and making local areas accountable for delivering effective, joined-up services. She also suggests building on the troubled families model with a troubled individuals programme and working with the voluntary sector. We will consider these points carefully. I will take this opportunity to say a little about the Troubled Families programme, which is an example of where the partnership between central and local government is helping to turn around the lives of 120,000 families with severe problems and multiple needs, thereby reducing the cost to the taxpayer. Working with local authorities, we are now helping 110,000 of the most troubled families in England. Of these, nearly 53,000 have had their lives turned around thanks to the intensive and practical approach. In August, we announced an expansion of the programme to an additional 400,000 families. The Department for Work and Pensions will double the number of specialist employment advisers—

[Lord Harris of Haringey (Lab)]

Will the Minister kindly give us the definition of a troubled family whose life has been turned around? I think that he mentioned a figure of 53,000. What exactly is the proof that 53,000 families’ lives have been turned around?

[Lord Nash]

If I cannot provide the noble Lord with an answer before I finish speaking, I will write to him.

The right reverend Prelate the Bishop of Truro mentioned that we have more than 100,000 young carers. I know all too well from my work in schools that too often we struggle to get pupils on residentials because of their duties caring both for adults and siblings. Sadly, home life has collapsed in recent decades for many children. We need to educate these children, supported by welfare reforms, out of this dreadful cycle. I agree with the right reverend Prelate’s good points about the glue of justice.

The noble Lord, Lord Northbourne, developed the right reverend Prelate’s thoughts in relation to disadvantaged families and breaking the cycle. I agree entirely. Character development and bringing up our pupils in schools to be part of a happy family is a subject dear to my heart and to that of the Secretary of State for Education. We are encouraging and setting expectations for all schools that soft skills, character development, grit and resilience are essential parts of school life. It is increasingly prevalent in the academies movement. The noble Lord mentioned boarding, and we are keen to ensure that more local authorities see this as a real option.

My noble friend Lady Tyler asked about the impact of welfare reform in relation to the Cabinet committee. It considers many different government policies, including welfare reform, disadvantaged people and how to join up policy to support those with multiple disadvantage.

The noble Lord, Lord Ramsbotham, talked about regular SLCN assessment. We discussed this as some length during the passage of the Children and Families Bill. I can assure the noble Lord that the Government share his aim of identifying SLC needs as early as possible. We believe that our reforms are designed to do that. We are, of course, reforming assessment in primary schools in particular, and ensuring that all schools have proper baseline tests to benefit all pupils. Our phonics reforms are having a substantial impact on pupils’ word-reading skills.

I agree entirely with the noble Lord that many people in youth custody lack basic skills and present with insufficient outcomes. I know that he has concerns about this model but we hope that with our EHC plans the principal of the secure college with an SEN-qualified co-ordinator will help the matter. He talked about gang advisers and the good work of the St Giles Trust on recreating a good family. I entirely agree with him. I will pass his points about the criminal justice system on to that department, as well as his points about cross-departmental work. I am sure that he will be pleased to hear that this Government have narrowed the gap in attainment for children who have free school meals.

The noble Baroness, Lady Uddin, referred to the outlook for the disabled. We have seen 116,000 more disabled people in work in the past year alone. We are spending £50 billion a year on disability benefits and services—more than the previous Government. Our SEN reforms, I hope, will substantially improve the outlook for all children with SEN, from whatever background, including those with autism.

To close, I thank my noble friend Lady Tyler for bringing this debate to the House. I congratulate again the right reverend Prelate the Bishop of Ely on his excellent and eloquent maiden speech. Social justice is about transforming the lives of the most disadvantaged people in society and is at the core of this Government’s reform. It is about intervening early to prevent problems becoming entrenched in the first place. We are working with local government and the voluntary and private sectors to provide the rounded support that individuals need to turn their lives around. Many interesting points have been raised and I thank all noble Lords and noble friends for their contributions to the debate.

Education: Citizenship Studies

Lord Harris of Haringey Excerpts

Monday 30th June 2014 Lords Chamber

[Lord Nash]

I would agree entirely with the noble Baroness except that I think it is a sad reflection on a country with as rich a literary history as we have that more than 90% of essays written for GSCE English literature are on three books.

[Lord Harris of Haringey (Lab)]

My Lords, is not one of the most important forms of citizenship being able to save your fellow citizens’ lives? Why, then, do only 21% of schools provide training in first aid—it is even fewer in CPR techniques—given that there are 60,000 events of cardiac arrest around the country as a whole? Why not include that in the national curriculum both to encourage the better health of individuals and to give the young people concerned greater reliance and greater confidence?

[Lord Nash]

Of course first aid is very important, and schools are free to teach that. Again, we have another bid for what is mandated in the national curriculum. We have to have some priorities, but of course health and safety is very important.