Adoption
Lord Nash Excerpts(11 years, 4 months ago)
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Baroness King of Bow
To ask Her Majesty’s Government what assessment they have made of the recent drop in referrals of children for adoption by local authorities.
The Parliamentary Under-Secretary of State for Schools (Lord Nash) (Con)
My Lords, since 2010, adoptions have risen by 63% to a record level of more than 5,000 last year. However, there has been a significant decrease in children coming into the system since September last year. This appears to be in response to particular court judgments. Information collected by the national Adoption Leadership Board has led it to conclude that there has been some misinterpretation of those judgments. Consequently, the board has produced guidance so that everyone who works on adoption can be confident that they are interpreting the judgments correctly.
Baroness King of Bow (Lab)
My Lords, as the mother of three adopted children, I welcome the Government’s attempt to reform adoption. However, according to the most senior family court judge in England and Wales, Lord Justice Munby, the Government’s desire to speed up adoption has clashed with government cuts to legal aid. Is it not unacceptable that the state can say to parents, “We will take away your child” and at the same time say, “We will not guarantee you a lawyer”? Apart from adding to delays, does the Minister have any sympathy for parents facing this situation or, indeed, for Lord Justice Munby, who must rule on such cases and who says that this approach is “unprincipled and unconscionable”?
Baroness Walmsley (LD)
My Lords, does my noble friend agree that although it is highly desirable that children in need should find a loving for-ever family, as they have in the case of the noble Baroness, Lady King, it is much better, where it is in the child’s best interests, to keep them at home with their parents? Could it be that some of the Government’s prevention measures are having an effect here? Could my noble friend say something about the success of the family nurse partnership and some of the pilot schemes set up by my right honourable friend Sarah Teather to provide further support to parents in different parts of the country? Will that scheme be rolled out?
The Lord Bishop of Worcester
My Lords, does the Minister agree that, whatever the assessment of these figures, there remains a task to be done concerning negative perceptions about adoption in this country? Does he agree with the observation of a judge in the adoption of one of my children that whereas conception is sometimes a biological accident, adoption is always an act of love? Does he agree that it is a noble task and a noble thing to do? What are the Government doing to promote adoption in that light?
Lord Nash
As is well known, the Government have in place a very active reform programme on adoption which has had quite a substantial effect. I agree entirely with the right reverend Prelate’s comments. I was interested to see recent research by Professor Julie Selwyn at Bristol which shows that only 3% of adoptions break down. I think there is cross-party consensus that where there is no option of staying with the birth family, a long-term relationship with loving adoptive parents who have been well scrutinised is clearly in the best interests of the child.
Baroness Billingham (Lab)
My Lords, every day delayed in finding a loving home for a child is a day wasted of the life of that child, and I speak as one who spent part of my childhood in care; I well remember the insecurity I felt. The Minister indicated that there had been some misunderstandings between various organisations and authorities. Can he assure this House that everything is being done to speed up and remove any obstacles? Adoption is such a crucial part of a child’s life that it has to be given the highest priority.
Lord Elystan-Morgan
Does the Minister agree that when a court is deciding on the question of adoption, it should make an adoption order only within the strict terms of the Adoption Act 1976? An adoption order should be made in the best interests of that child and most consistent with its welfare. Even though local authorities may be reluctant to have long-term, laborious care orders, those pressures should be resisted unless a compelling case is made out strictly in accordance with the wording of the statute.
Lord Lexden (Con)
My Lords, what action have the Government taken to improve and strengthen the overall support available to families who adopt children?
Baroness Armstrong of Hill Top (Lab)
My Lords, can the Minister tell the House what the Government are doing to support kinship care? That is overwhelmingly the most successful means of looking after children who are very vulnerable.
Schools: Academies
Lord Nash Excerpts(11 years, 5 months ago)
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Baroness Jones of Whitchurch
To ask Her Majesty’s Government what steps they are taking to improve the financial regulation of academy schools.
The Parliamentary Under-Secretary of State for Schools (Lord Nash) (Con)
My Lords, academies are subject to considerably more rigorous financial regulation than local authority maintained schools. For example, they have to publish annual, independently audited accounts; local authority maintained schools do not. They are subject to the rigorous oversight of the Education Funding Agency and anyone in a governing relationship with an academy, or an organisation closely linked to it, can provide services to a local authority maintained school at a profit; they cannot to an academy. However, we are continually looking at ways to refresh the financial regulation of academies.
Baroness Jones of Whitchurch (Lab)
I thank the Minister for his reply, but is he concerned about the increasing number of stories of academy chiefs being paid inflated salaries, heads employing family members and friends to provide school services, lavish expenditure on hotels and travel and, recently, a head paying £26,000 for furniture for her office? This is not their money, it is taxpayers’ money, but it seems that a small minority are using the academy funding system as a cash cow. Does the Minister accept that the Government’s centralised oversight of these schools makes it more difficult to supervise academy school expenditure effectively? Does he now accept that that was a mistake?
Lord Nash
The noble Baroness picks out some isolated examples. I point out to her, as I have before, that 36 of the 55 pre-warning notices that this Government have issued to academy sponsors have been to sponsors approved under the previous Government. This Government have considerably tightened up financial oversight and improved things such as control of grants. Of course, these figures are but nothing compared with the £10 billion overspend the National Audit Office tells us that the previous Government were heading for under the Building Schools for the Future programme.
Baroness Perry of Southwark (Con)
Will my noble friend tell us whether there is any information about the innovations and improvements that heads have been able to make since so many of them were given the freedom to manage their own budgets?
Lord Nash
My noble friend is quite right that there have been many examples of this, including more efficient purchasing, longer school days, greater freedom over the curriculum, the ability to employ subject-specific teachers in primary schools, the ability to find the money to engage more effectively with the professional communities and business, and the generation of income more effectively from their own facilities.
Lord Singh of Wimbledon (CB)
My Lords, while rigorous financial regulation is important, I am alarmed to hear of a high-achieving school in a deprived area in west London where children are made to endure classroom sizes of up to 80 without adequate toilet facilities. The DfE will not release money for new premises until the financial management is completely up to scratch. Does the Minister agree that it is wrong to use children in this way?
Lord Nash
I do not recognise the example to which the noble Lord refers. I would be grateful if he would write to me as regards his specific example. The pressure on pupil places has been considerably relieved by the amount of money that this Government have spent on them, but I would be particularly interested to hear about this case.
The Earl of Listowel (CB)
My Lords, is the Minister concerned to hear that a head teacher said at a recent seminar that she was having to pay rent arrears and pay for food in her impoverished community to enable children to get to school, to be able to concentrate and to do well? She was embarrassed to do this but she felt that she had to.
Baroness Garden of Frognal (LD)
Will the Minister say, where instances of apparent fraud have been notified in accordance with the guidelines, what action the Government have taken?
Lord Nash
Where we receive an instance of fraud we immediately investigate. The EFA has investigated 35 cases of fraud in academies in two years. That compares with 191 reported in maintained schools over one year. If we feel that there are causes for concern we will inform the police or, in more minor cases, introduce a financial notice to improve.
Baroness McIntosh of Hudnall (Lab)
My Lords, can the Minister tell the House how many of the cases of fraud that have been alleged were uncovered by investigation by his department or by Ofsted, and how many by whistleblowers?
Lord Lexden (Con)
Is my noble friend confident that the Government’s financial controls are sufficiently extensive and rigorous?
Lord Foulkes of Cumnock (Lab)
My Lords, since we have time, could the Minister now try to answer the question posed by my noble friend Baroness Jones?
Schools: Admissions
Lord Nash Excerpts(11 years, 5 months ago)
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Baroness Massey of Darwen
To ask Her Majesty’s Government what steps they are taking to ensure a fair admissions policy in schools.
The Parliamentary Under-Secretary of State for Schools (Lord Nash) (Con)
My Lords, there are a number of safeguards to ensure that school admission policies are fair. The School Admissions Code sets out what is and is not allowed, and requires that places are allocated in a clear, fair and objective way. Anyone who feels that a school’s admission policy is unfair may complain to the Office of the Schools Adjudicator, whose decision is binding. Parents who are refused a place at a school of their choice have the right to appeal.
Baroness Massey of Darwen (Lab)
I thank the Minister for his response. Is he aware of a freedom of information request to all English local authorities to ascertain the number of children missing education? Is he surprised that 42% of those missing education are doing so because they have not been allocated a place? Is this not a shocking state of affairs and what will the Government do about it?
Lord Nash
My Lords, it is true that a high proportion of children missing education are awaiting a place but we have massive in-year movement in this country, partly as a result of immigration. We take the issue of school attendance very seriously. All local authorities are required to put in place a fair access protocol for their schools, which requires all schools to comply. Indications from local authorities are that fair access protocols are working well, indeed, better than in previous years, and we will continue to monitor their impact. I hope that the noble Baroness will be pleased to hear that overall absence rates are at their lowest since termly absence data were first collected in 2006.
Baroness Sharples (Con)
Does my noble friend accept that every school faces a problem because a year ago 6% of children had English as their second language when they went to school? That has now increased to 16%.
Lord Nash
It is true that some schools struggle with this. It is also true that a great many students who are technically classed as “English as additional language” are very high-achieving. However, it is a fact that we have a high number of pupils in this country who would be described as EAL, and it is our duty as a Government to ensure that all pupils are properly educated.
The Earl of Listowel (CB)
My Lords, will the Minister confirm that children in local authority care continue to have first priority in admissions? Does he not agree that children in the care of the state should at least be offered the very best educational opportunities by the state?
The Lord Bishop of Peterborough
Will the Minister join me in congratulating the four latest Church of England free schools to be announced, which between them offer nearly 2,500 places to young people of all faiths and none, especially in areas of severe shortage?
Baroness King of Bow (Lab)
Further to the last point, is the Minister aware that more state school places in England are allocated by religious selection than by ability, gender and private schools combined? Is he surprised, as I was, by this finding? Does he have any message for Simon Barrow, co-director of the Christian think tank Ekklesia, who says that he does not believe that children’s access to education should be so determined by their faith background, as this runs contrary to his Christian beliefs?
Lord Nash
As I said, faith schools and church schools are an essential part of our school system. They account for a third of our schools and perform generally very well. However, faith schools may give priority to children from faith, but many do not do so. All free schools and new-provision academies may prioritise only a maximum of 50%. We are keen to build a diverse system that offers parents choice but we believe that all schools should educate their children in the basic tenets of all main faiths practised in this country.
Lord Storey (LD)
My noble friend will be aware that many families, particularly those who can afford it, move house or rent a house so that they can get the school of their first choice. He will also be aware that the top 100 best-performing schools do not take disadvantaged pupils as measured by the pupil premium. How can we ensure that children and young people from disadvantaged backgrounds get the same opportunities as those more advantaged pupils? Do we need to provide more information and education to those families so that they can have those choices as well?
Lord Nash
The Government are intent on improving the schools system so that all pupils have the opportunity of a good place. It is clear that some parents are able to buy houses near better schools. We are not in favour of that at all. We believe we should make all schools of a much higher standard so that that kind of thing does not happen.
Baroness Perry of Southwark (Con)
My Lords, have the Government made any assessment of how many parents are managing to get their children places in the schools of their choice?
Baroness Farrington of Ribbleton (Lab)
My Lords, would the Minister care to comment on his repeated use of the term “better schools” and his comparing of schools—for example, his remark this afternoon about church schools by and large being better? My experience of church schools is that they want to be as good; they do not see education as a competition. But surely if schools are assessed by parents on the basis of Ofsted reports, among other things, those reports ought to be conducted on equal terms for all schools, with no warnings being given favourably to some.
Lord Nash
The noble Baroness and I probably disagree in principle on the concept of competition, but we are aiming for all schools to be as good as possible. Ofsted now gives minimum notice to all schools. It is quite clear that Ofsted conducted a thorough investigation relating to recently reported events. Its findings were very clear and it made a statement on that last night.
Schools: Careers Advice
Lord Nash Excerpts(11 years, 5 months ago)
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Baroness Prosser
To ask Her Majesty’s Government whether they have any plans to change the current system of careers advice for young people in schools.
The Parliamentary Under-Secretary of State for Schools (Lord Nash) (Con)
My Lords, my right honourable friend the Secretary of State for Education has made it clear that she wants to see improvements in the quality of careers advice and guidance available to young people, with many more schools and employers working together to provide excellent support. That is a clear priority for her. We have made a number of changes in this area, including issuing revised statutory guidance to schools; we are keeping the impact of those changes under review, and are considering what else we can do to improve the links between schools and the world of work.
Baroness Prosser (Lab)
I thank the Minister for that quite helpful reply. However, I am sure that he is aware that in providing careers advice, schools face an inherent conflict. The funding regime for senior schools depends in part upon numbers of pupils being retained in the sixth form to study GCSEs and A-level subjects, and of course the position of schools in the league tables is a hugely important pressure on them. Together, those two things deter many schools from advising pupils of the opportunities maybe to study BTEC subjects, applying for apprenticeships, or moving on to further education colleges. Can the Minister therefore tell the House what the Government intend to do about that conflict?
Lord Nash
The noble Baroness is right—there is an inherent conflict in this. Schools have a clear responsibility to ensure that their pupils achieve and progress to positive destinations, whether that is university or another, high-calibre, vocational route. Our revised guidance clearly states that schools should act impartially and recognise that some students would be better suited to educational training beyond schools, and it makes it clear that schools should give other providers the opportunity to inform pupils about the offer. We believe that our new destination measures will also help considerably in that area.
Lord Cormack (Con)
My Lords, may I once again urge my noble friend to contact all secondary schools and encourage them to appoint a careers advisory panel drawn from local businessmen and professionals who really know about jobs and careers?
Lord Quirk (CB)
With the school leaving age now raised to 18, is it not the case that all 16 to 19 year-old students are engaged in special 16 to 19 study programmes which are formally and specifically geared to career aspirations? How, then, can it be that Ofsted last week published a report complaining that there was very poor use of the extra time for 16 to 19 year-olds and, specifically, that careers guidance is poor “at all levels”?
Lord Winston (Lab)
My Lords, I declare an interest as the founder and champion of the Reach Out Lab at Imperial College, London. Each year we connect with around 7,000 schoolchildren from the state sector drawn from all over London, plus another 30,000 through collaboration with the Mayor of London. It is very clear, as the Minister accepts, that there is grossly inadequate careers advice. Does he not also accept that it would be much more sensible if universities were better integrated with schools, and is it not about time that we consider that all education should be under one government department?
Lord Nash
I am aware of the excellent programme to which the noble Lord refers. I am sure he is delighted with the increase in STEM subjects which has taken place under this Government. Schools should have a thoroughly close relationship with their local business professional communities and universities and, as far as his last point is concerned, it is one that I am sure all future Governments will consider carefully.
Baroness Humphreys (LD)
My Lords, a UNISON survey in June this year showed that 83% of schools surveyed were no longer employing a careers adviser. Have the Government made an assessment of this situation?
Lord Nash
Yes. We believe that one-to-one careers advice is appropriate in certain circumstances but obviously all schools seek to identify their students’ passions and interests at an early age and develop them. The evidence is quite clear from a number of reports, including those from McKinsey and Education and Employers Taskforce, that the best careers advice for young people comes through activities and contact with the world of work. For many of our young people, particularly those from workless households, careers advice these days is as much about inspiration as actual advice on detailed careers.
Baroness Uddin (Non-Afl)
My Lords, the Minister will be aware of the importance of face-to-face careers advice for pupils, but particularly for those with learning disabilities, special educational needs and conditions such as autism, only a small number of whom are actually able to access jobs. Can the Minister assure the House that all those disabled people requiring or requesting careers advice will receive it from fully trained careers advisers who are well trained on disability rights and matters?
Baroness Wall of New Barnet (Lab)
My Lords, having accepted the proposal and explanation by my noble friend Lady Prosser about the challenges faced by secondary schools, further education institutions and universities, how are the Government going to achieve their goal of having more apprenticeships—a major problem for employers—when most young people going into apprenticeships find out from family rather than from any other available careers advice?
Lord Nash
My Lords, we have an active programme to encourage people to consider apprenticeships. We have a range of marketing materials available from the National Apprenticeship Service, and Not Going to Uni is also an extremely good source of information. The National Apprenticeship Service funds the Education and Employers Taskforce, and more than 70 advisers from the National Careers Service, the National Apprenticeship Service and jobcentres are actively embarked on this at the schools show.
Social Justice Strategy
Lord Nash Excerpts(11 years, 5 months ago)
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The Parliamentary Under-Secretary of State for Schools (Lord Nash) (Con)
I think the noble Lord knows that all Ministers speak on behalf of the Government, of which the party opposite is constantly reminding us. This is, in fact, a cross-department matter. As the noble Lord has heard today, many of the points made—I would perhaps say the majority—relate to education matters, which are at the core of our social justice policy. My noble friend Lord Freud has apologised, and there has been no work on any of the background to the question that he was asked about the Department for Work and Pensions.
Lord McAvoy
I am grateful for those partial answers. I thought that I had finished speaking, but I am more than happy to take another couple of minutes. I am grateful for the limited response so far, but that does not explain why the noble Lord, Lord Freud, is not here. I ask again for a full and concise—if that is possible—explanation as to why he is not here.
Lord Nash
I am sorry; I did not appreciate that I was up and that the noble Lord had in fact finished. I think that I have answered the question concisely.
I start by thanking my noble friend Lady Tyler for so eloquently opening the debate on this very important strategy and our underlying ethos. Social justice is at the heart of this Government’s work. We have a two-pronged approach: education and welfare reform. These are the only ways that we can break—
Lord Nash
I think that I must continue. These are the only ways in which we can break that dreadful cycle of generational unemployment and/or family breakdown to which many noble Lords have referred. That is why this Government have the biggest programme of educational reform for 70 years in train, and substantial welfare reforms under way.
Over the course of this Parliament my department has brought in a substantial number of reforms to support better educational outcomes for all children, but particularly for the most disadvantaged. We have introduced the pupil premium to ensure that the most disadvantaged children realise their potential. Funding for this will reach £2.5 billion in the coming year: £1,300 for primary pupils, £935 for secondary, and £1,900 for looked-after children. More children from deprived backgrounds than ever before will benefit from free childcare at the same time as we strengthen the quality of early years education. From this September, every pupil in reception, year 1 and year 2 will receive free school meals, which will make a huge difference to ensuring that every child, regardless of family circumstances, is ready to learn.
Noble Lords will know how passionate I am about the academy and free schools programme. We have created more than 1,000 new sponsored academies, turning around schools that had previously been failing for years and which often serve the most deprived communities. We have approved 363 new free schools, including 39 alternative provision schools, 22 special schools, 56 university technical colleges and 46 studio schools. When open, those will provide 250,000 new places in total, the vast majority of which are in places of need. Some 25% of open free schools have been judged outstanding, making them our top performing group of non-selective schools.
We are also reforming the curriculum and exams, both academic and vocational. Increasingly schools are doing more EBacc subjects, giving pupils, particularly those from deprived backgrounds, the essential cultural capital they need, given that they do not get it at home. We have dramatically overhauled vocational qualifications and substantially expanded and improved apprenticeships. We are reforming teacher training with far more of it conducted in school. We have introduced bursaryships into teacher recruitment, and have introduced phonics into primary schools. We are also investing in the school estate and are arresting the sharp decline in our relative educational performance that took place in the first decade of this century.
I congratulate the right reverend Prelate the Bishop of Ely on his excellent maiden speech and thank him for all the work he does in support of social justice, but particularly in the field of education, with academies and in general, and I wish him well in his new position as chair of the National Society. The church’s contribution to education in this country is long-standing, very substantial and highly impactful, as it is of course in its work on poverty in general.
So far as welfare is concerned, at the beginning of this Parliament it was clear that a new approach to supporting the most disadvantaged individuals in society was needed. Too many people spent their lives moving between different support mechanisms, never receiving the support to make a long-standing difference to their life. Too many people were faced with multiple barriers to improving; for example, poor education and lack of skills, drug or alcohol addiction, a criminal record, lack of stable family support, no stable home, problem debt and health problems. Those problems do not exist independently of each other. They can interact, and together create a vicious cycle which is hard to break out of. The piecemeal approach of the past did not effectively tackle the multiple problems people face, so this Government wanted to look for new ways to tackle these issues. We wanted to deliver real and sustained change.
First, we recognised that this was not something that could be solved by central government alone—the old top-down approach had not worked. We needed to involve local authorities, the voluntary sector and business; in other words, we needed a community-based approach. We needed to ensure that we got value for money—we knew that large sums had been wasted in this area in the past. We had to build an evidence base of which interventions work, solutions had to be on a payment-by-results basis, and we had to measure the progress we made against key indicators.
Most importantly, our reforms needed to achieve a long-lasting recovery rather than management of entrenched problems. That meant looking for and treating the cause of the problems rather than the symptoms. It also means intervening early in people’s lives to prevent problems in the first place. For example, we can work with a drug user to help them tackle their addiction. However, to turn their life around we need to ensure that they have stable housing and the skills to find employment, and we need to tackle other underlying health problems. Without that rounded support it is unlikely that an individual will be able to make a long-standing change to their life. We are delivering the strategy through growing the social investment market, using payment-by-results models and collaborating with local authorities, the voluntary sector and employers. These are not easy problems to tackle and there is no quick fix; making our vision a reality will take time. However, we have made great progress towards our goals. Our first progress report was published in April 2013. This autumn we will publish the second social justice progress report, giving details of how we are implementing the strategy and our achievements so far. This November also sees our third annual social justice conference. This brings together delegates from government, the private sector, the voluntary sector and most importantly the people whose lives we are transforming to work together to deliver social justice.
I will give a few examples of the progress we have made across the social justice strategy. The family environment is the foundation of a child’s life and we are committed to supporting safe and loving family relationships. Relationship support policy is being brought under one department, with DWP investing £30 million to successfully deliver marriage preparation, couple counselling and relationship education. However, when relationships break down, we are trying to minimise the negative impacts on children by promoting more collaboration. The child maintenance system has been reformed to encourage separated couples to agree their own arrangements and reduce disputes.
Lord Kirkwood of Kirkhope
In relation to child maintenance, has the Minister seen that the first results of the applications that have come in since charging began earlier this year indicate a drop of 38% in parents pursuing formal applications? The Government thought that it would be 12%. Is that not something of deep concern as it will exacerbate child poverty?
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.
Lord Kennedy of Southwark
Before the noble Lord sits down, will he please respond to point that my noble friend Lord McAvoy made? Where is the noble Lord, Lord Freud? Why is he not here today? My Question this morning was answered by the noble Lord, Lord Newby. There must be a reason why the noble Lord, Lord Freud, is not here. Please answer the question. I refer the noble Lord, Lord Nash, who refused my intervention earlier, to paragraph 4.31 of the Companion.
Schools: Class Sizes
Lord Nash Excerpts(11 years, 5 months ago)
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The Parliamentary Under-Secretary of State for Schools (Lord Nash) (Con)
My Lords, we are making every effort and are investing heavily to address the unprecedented increase in pupil numbers. The average class size remains below the statutory limit, despite a massive population increase. We are investing £5 billion of capital funding, which has already enabled local authorities to create 260,000 additional pupil places between May 2010 and May 2013. This includes 212,000 primary places. There are 300,000 more places in the pipeline for September 2015.
Baroness McIntosh of Hudnall (Lab)
My Lords, I thank the Minister for that reply which, although welcome, strikes me as just a tiny bit complacent when we see that the figures for primary school children being taught in classes of more than 30 have gone up more than 200% between 2010 and 2014. Does he agree that most educationalists and teachers consider that, generally speaking, children do better in small classes? Indeed, that is what people who can afford to pay for their education are generally looking for. Will he say what he and the Government regard as the optimum primary school class size and on what evidence he bases his view?
Lord Nash
I would be interested in the noble Baroness’s definition of complacency because, despite the massive population increase, the previous Government cut the number of primary school places by 200,000 and the money by 26%. We have more than doubled the amount of money invested in class sizes. The relevant figures are that the class size in key stage 1 is 27.4 this year as opposed to 27.3 last year, a tiny increase. The pupil-teacher ratio is 21 in primary schools. Of course we would all like smaller class sizes, although the OECD and the EEF toolkit tell us that a reduction in class size gives a very poor return on investment and that increasing teacher quality and training is much better. It is true that some private schools have very low class sizes, but generally they are not as low as people think.
Lord Storey (LD)
My Lords, my noble friend the Minister will be aware that the UK has bigger class sizes than most of its overseas competitors. He is also right to point out that the £5 billion being spent to reduce class sizes is more than the previous Government were able to provide. However, those resources take a long time to work through. Does he think that where class sizes exceed the so-called legal limit schools should be allowed to put extra resources in, or perhaps be given extra resources in terms of an extra teacher or a classroom assistant, or perhaps be able use the pupil premium in such cases?
Lord Nash
In fact, the OECD tells us that our secondary class sizes are quite a bit below the average international size although our primaries are somewhat higher. However, we have no evidence for the high numbers in class sizes that some people refer to—I saw 70 in the paper the other day which is clearly misreporting. The statistics I have given give us great comfort that we have the right amount of investment in the sector.
Lord Lexden (Con)
How does this Government’s record in building new schools compare with that of their predecessor?
Baroness Massey of Darwen (Lab)
Does the Minister agree that an absolute priority, as my noble friend said, should be reducing class sizes where possible and not spending money on new free schools set up in areas where excess places exist already?
Lord Nash
I cannot agree that an absolute priority should be reducing class sizes because I have already said that all the evidence is that that was a very poor return on investment. In fact, Andreas Schleicher tells us that there is no relation between class sizes and performance. I entirely agree that we should not be putting up schools in areas where there is no need and I can assure the noble Baroness that since I became a Minister, just over two years ago, virtually all the free schools we have approved have been in places of need.
Lord Tebbit (Con)
My Lords, can my noble friend tell me why it is that when I was at primary school a teacher could teach a class of 48 or 50 pupils to read adequately and in fact rather better than is done in classes of 30 these days? What has changed—the teachers or the children?
Baroness Jones of Whitchurch (Lab)
My Lords, does the noble Lord not accept that all the evidence shows that smaller class sizes make a difference for younger children—for infants in particular—and actually that is one of the key markers of going on to have educational achievement. Does the noble Lord not recognise that the Government have now been missing their target for recruiting new teacher trainers for the last three sessions and that we are heading for the perfect storm where we do not have enough teachers and classes are getting bigger? That is inevitably going to damage children’s education.
Lord Nash
I am not rushing to take lessons from the party opposite on pupil place planning. The ONS data which came out at the beginning of the last decade made it clear that there was a pupil place crisis looming and it was not until 2008 that the previous Government even managed to produce predictions for the size of the school population. As I say, they actually cut the number of primary school places by 200,000 and slashed the funding by 26%. We are the first Government for a long time actually to increase the amount of money available and we have also invested in new free schools in places where they are needed.
Music Education for Children with Physical Disabilities
Lord Nash Excerpts(11 years, 8 months ago)
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The Parliamentary Under-Secretary of State for Schools (Lord Nash) (Con)
I thank all noble Lords for participating in this debate and in particular I thank the noble Lord, Lord Lipsey, for securing it. When this debate first came on the agenda, I was concerned, not so much because of its timing, but because I do not know a great deal about the subject matter. However, I have greatly enjoyed reading myself into this debate and listening to the eloquent speeches, which I found extremely interesting. I have been frankly humbled to learn about how much is going on in this area and how powerful music education can be, particularly for children with physical disabilities.
The Government have the same ambition for children with disabilities as they have for all children. We want pupils to achieve well at school, lead happy and fulfilled lives and have choice and control. I have no doubt that music is a key way of achieving this, particularly for pupils with disabilities and SEN. Several noble Lords attested to that today. I remember vividly that when I was doing research into the academies programme I visited a KIPP charter school in a particularly deprived area of New York City where every child is in an orchestra which travels across the United States to perform. It is renowned for its success.
Music has been confirmed as a statutory subject for children between the ages of five and 14 in the new national curriculum, which comes into force in all maintained schools from September. The revised programmes of study for music have an increased focus on the need for activities to be undertaken musically, with reference to all children learning to play a musical instrument. The new, slimmed-down curriculum provides greater freedoms for teachers to use their creativity and professional judgment in how they teach to meet the needs of the pupils in their class. At key stage 4, the arts are one of four entitlement areas within the national curriculum. Maintained schools must provide all pupils with access to at least one course in the arts entitlement area, which includes music, art and design, dance, drama and media arts.
The Equality Act places a duty on all schools to support disabled children and young people. It includes making reasonable adjustments to prevent them suffering discrimination and supplying additional aids and services. Schools must have also accessibility plans which set out how they will improve access to the curriculum, improve the school’s buildings and environment to enable disabled pupils to take better advantage of the school and improve the availability of accessible information. This includes academies and free schools. Additionally, to make sure that all teachers know how to adapt teaching to respond to their pupils’ needs, part 5 of the teachers’ standards requires teachers to,
“have a secure understanding of how a range of factors can inhibit pupils’ ability to learn, and how best to overcome these”.
To support and encourage all children to experience excellent music education, the Government have set up 123 new music education hubs. Since August 2012, these hubs have been working to drive up the quality and consistency of music education across the country, with an emphasis on forging new partnerships. Hubs are required to develop four core roles, which include ensuring that every child aged five to 18 has the opportunity to learn a musical instrument through whole-class ensemble teaching and providing opportunities for them to play in ensembles and perform from an early stage. They are also expected to ensure that clear progression routes are available and affordable to all young people, and to develop a singing strategy so that every pupil can sing regularly in a choir or other vocal ensembles in their area. In addition, hubs may provide other services, such as professional development for teachers.
In answer to the question asked by the noble Lord, Lord Aberdare, about participation, I am pleased to say that 5% of pupils who participated in instrumental ensembles or choirs in 2012-13 had a statement of special educational needs, compared to 2.8% nationally.
There are some excellent examples of hubs working with children who have disabilities. Telford music education hub offers a bespoke version of its whole-class ensemble tuition programme for special schools. Camden hub integrates pupils from local special schools into the Camden music festival and Surrey music hub, with partner Rhythmix, has run a sound and motion lab looking at how digital technologies can aid music-making for children with movement impairment at the Orpheus residential centre for children with disabilities. In Telford, the hub’s Kreative Kidz programme offers specialist out-of-school arts and music sessions for young people with severe physical needs, under the short breaks duty introduced to local authorities in April 2011. The Staffordshire and Stoke-on-Trent hub’s strategic partner, Make Some Noise, runs training and mentoring programmes for musicians and teachers wishing to improve their skill set and confidence in delivering music activities for children with SEN and disabilities, through the use of assisted music technology specialists and equipment. Bradford music education hub offered training events for teachers of children with SEN and disabilities between November and March last year, covering topics such as song-writing, composition and developing choirs.
As my noble friend Lord German mentioned, schools are also demonstrating innovative practice in this area. At Great Oaks, a special needs school in Southampton, all students learn to use mobile devices to make music. In October 2013, the school held a mobile device concert for students to perform arrangements of popular music songs independently in iPad bands. Bradford music has also established a singing choir at Hanson secondary school, drawing on specialist expertise and advice from Music and the Deaf, a unique charity based in Huddersfield that helps people suffering hearing loss to enjoy music. In Ealing, a partnership on music and autism with the Orchestra of St John’s led to securing funding to develop a series of workshops and performances, led by members of the orchestra, in all the borough’s specials schools.
In response to the comments of the noble Lord, Lord Lipsey, I am delighted to say that the Government appreciate the benefits of the music and this type of work. I am very happy to make that statement. The Department for Education will look to publicise work of this type, whether it is led by music hubs, charities or schools, to help to give due recognition to these extremely worthwhile projects, and it will encourage other organisations to emulate this good practice in their work.
I am grateful for the comments from the noble Lord, Lord Lipsey, the noble Baroness, Lady Jones, and my noble friends Lord Jenkin and Lord German about the announcement on 22 July that our music budget will increase by £18 million in 2015-16, with most of this money going to the hubs. This will bring the total that this Government are spending on music education for the period between 2012 and 2016 to more than £390 million.
Other programmes include In Harmony, which we sponsor alongside Arts Council England and others. In Harmony is transforming the lives of children through community-based orchestras for music-making in six areas of exceptional deprivation. Again, we are aware of excellent inclusion practices. For example, in a participating Nottingham school, a child with muscular dystrophy has had a half-size guitar adapted so that it can be tuned to the correct pitch, enabling her to carry out pizzicato alongside her classmates. In Newcastle, In Harmony has helped a child with a very severe speech disability to excel on bassoon. He has performed solo at Newcastle’s Literary & Philosophical Society and is now attending the Sage Gateshead centre for advanced training.
Our funding for Music for Youth is also enabling children with disabilities to attend and perform at regional and national festivals at world-class venues. Sixteen children and young people with additional needs from Beacon Hill Academy in Essex, a specialist college for sensory and physical needs, performed in a mass ensemble showcase performance at the Royal Albert Hall for the Schools Prom in 2013. This was part of an exclusive music project in Essex, delivered by Music for Youth in partnership with three music education hubs.
I thank the noble Lord, Lord Lipsey, for drawing our attention to the achievements of one-handed musicians and the extraordinary and pioneering work of the One-Handed Musical Instrument Trust. The Government have been clear that all pupils, whatever their individual needs, should benefit from an education in music, and through our work with the Arts Council and others we will continue to make sure that providing opportunities with SEN disabilities is essential to the work.
I enjoyed the comments of my noble friend Lord Jenkin about Douglas Fox and his wonderful work. I also thank him for highlighting the commendable work of Jessie’s Fund in helping seriously ill and disabled children through the therapeutic use of music. Through its Soundtracks programme it is running creative workshops in more than 80 schools for children with special needs. It is doing excellent work in supporting children to take part in the musical process.
I am grateful to my noble friend Lord German for his comments about the benefits of music as therapy and its ability to break down barriers. This is evident in the work of programmes funded by the department. In Cambridgeshire, there is an established music therapy programme providing clinical interventions, while Telford and Wrekin’s In Harmony programme has a specialist nurture group.
I noted comments about establishing an international paramusic competition, and I will discuss it with DCMS, as it seems like a very good idea. Technology is also crucial. I have already pointed to the innovative work with mobile devices at Great Oaks School in Southampton.
The noble Lord, Lord Aberdare, and the noble Baroness, Lady Jones, emphasised the importance of making sure that the money we have provided is well spent and reaches students with disabilities and SEN. We have been working with the Arts Council to support and challenge hubs. We have introduced a new requirement for hubs to develop school music education plans. They must clearly demonstrate how they are connecting with all the schools in their area and how they are planning to provide targeted support to schools where necessary. We have also set up a new hubs advisory group, which is providing strategic advice to the DfE on the effectiveness of hub networks. Members are drawn from organisations with an interest in the performance of hubs, including representatives from schools, music hubs, Ofsted and other music stakeholders. There is an SEN teacher on the hubs advisory group.
The Arts Council also analyses the data from hubs to ensure that children and young people with SEN and disabilities are engaged. Several hubs are currently undertaking specific research and activity with children and young people with SEN, and we will share this across the network as appropriate. The Arts Council runs a flagship Artsmark programme to enable schools and other organisations to evaluate, strengthen and celebrate their arts and cultural provision. Artsmark is nationally recognised as demonstrating excellence in arts and cultural provision, and any school, college or young justice organisation can apply. It is open to SEN schools. A specialist leaders in cultural education course has been developed by one of ACE’s bridge organisations and this is open to special schools.
The noble Lord, Lord Aberdare, asked about the national plan for music education’s monitoring board and whether this will continue. It continues to meet termly as the cultural education board, chaired by Ministers from DfE and DCMS, and Darren Henley. I will ask my officials to investigate the use of technology in music GCSEs and will write to the noble Lord on that issue.
I am very grateful to my noble friend Lady Nicholson who spoke so powerfully about the power of music for deaf children. She highlighted the excellent Mary Hare School for the deaf. I was very impressed to hear about the school and its arrangements in Romania. Schools with real expertise can make significant contributions by sharing their knowledge internationally. I would be very pleased to discuss this with my noble friend. I should be grateful if she could keep me informed and would be delighted to meet representatives from Romania when they are here.
The noble Baroness, Lady Jones, made the point that top-performing schools in music are often independent schools. Sadly, that is true. As we all know, the top-performing schools in this country absolutely, and in many areas, are disproportionately represented in the independent sector, which is why this Government are so determined to increase the performance of the state education sector.
I believe that the policies and programmes that I have described demonstrate our desire to ensure that no child is excluded from receiving a high-quality music education due to a physical or other physical disability. I am sure that noble Lords will agree that the impact of our programmes on disabled young people is evident from the examples that I have given throughout the country.
The Deputy Chairman of Committees (Baroness McIntosh of Hudnall) (Lab)
My Lords, that concludes business in Grand Committee this afternoon. The Committee stands adjourned and I take this opportunity to wish all noble Lords and others a very pleasant recess.
Children and Young Persons Act 2008 (Relevant Care Functions) (England) Regulations 2014
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Lord Nash
That the draft Regulations and the draft Code of Practice laid before the House on 24 June and 11 June be approved.
Relevant documents: 5th Report from the Joint Committee on Statutory Instruments, 6th Report from the Joint Committee on Statutory Instruments (special attention drawn to the instrument), 3rd Report from the Secondary Legislation Scrutiny Committee, 5th Report from the Secondary Legislation Scrutiny Committee. Considered in Grand Committee on 28 July.
Motions agreed.
Schools: Local Oversight
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Baroness Jones of Whitchurch
To ask Her Majesty’s Government what plans they have to increase local oversight of schools.
The Parliamentary Under-Secretary of State for Schools (Lord Nash) (Con)
My Lords, arrangements for the management of academies and free schools will be enhanced by the collective expertise and wisdom of eight regional schools commissioners supported by their head teacher boards. Two RSCs are already in situ, and the other six start in September. We have also strengthened the guidance for local authorities on intervening in maintained schools, and inspections are undertaken using a risk-based approach, with more frequent inspections for those schools not performing well.
Baroness Jones of Whitchurch (Lab)
I thank the Minister for that reply. Last week, when dealing with the Trojan horse Statement, he conceded that the department has to take its fair share of the blame for the failings that occurred in Birmingham. However, does he realise that, at the heart of the situation, people have lost confidence in the Secretary of State’s ability to manage thousands of schools from the centre? Does he not see that the proposed regional commissioners for academies who he has just mentioned just add a further level of confusion, as they will not apply to all state schools? Surely what is needed here is a strong system of local oversight for all schools, such as our proposed directors of school standards, that would give parents, teachers and governors real confidence that their voices will be heard and that poor standards will be addressed.
Lord Nash
I do not recognise the picture that the noble Baroness paints. We believe that this system is efficient; in devising it we were advised by people who have set up national and international organisations. We find that the position of the party opposite is confusing. On the one hand its leader tells us that nobody wishes to revert to the local authority system, while on the other its policy adviser, Mr Blunkett, says that he wants to have between 80 and 150 directors of school standards, all supported by their own bureaucracies, and many of whom will be recycled local authority people. We do not think that that is the way forward. There is no role for RSCs on maintained schools; that is a role for local authorities, and, as I say, we have clarified their role.
Baroness Williams of Crosby (LD)
My Lords, my noble friend will recognise, I think, that a substantial number of academies very much regret the lack of clear local accountability. Can he therefore tell us whether the new Secretary of State will consider a method under which local accountability can be more clearly established so that problems such as those arising from the Trojan horse story in Birmingham will be obviated at local level and not have to turn into a national horror of one kind or another?
Lord Nash
Our solution to ensuring better local accountability is to have a system of regional schools commissioners which is run by head teachers. Personally, I trust head teachers to be better wired into their local systems than bureaucracies and bureaucrats are, any time. We are also increasingly seeing the emergence of regional multi-academy trusts, which are proving particularly effective.
Baroness Bakewell (Lab)
My Lords, after the Trojan horse allegations, it has been reported that teachers who spoke out at the time are now suffering harassment and the threat of losing their jobs. What do the Government propose as a way of protecting whistleblowers locally so that they are given enough courage to come forward and speak out?
Lord Nash
The noble Baroness raises a very good point. We are doing all that we can to ensure that that does not happen. Indeed, there are some teachers we are particularly concerned about who had themselves been causing harassment and who have now been suspended from their jobs. We are talking to Ofsted about expanding its whistleblowing arrangements to cover exactly this kind of situation.
Baroness Howe of Idlicote (CB)
My Lords, will the Government ensure that mandatory training is introduced to reduce the risks associated with school governance? I declare an interest as president of the National Governors’ Association.
Lord Nash
We have not yet gone as far as mandatory training. We have a high expectation that all governors will be trained where necessary and that they should be chosen for their skills. We brought in this big focus on skills rather than representation: governors may come from all walks of life, but they must have the expectation that they will be trained. We have also brought in tightening regulations so that where governing bodies feel that one of their governors needs training and they refuse to take that training, they can be suspended.
Baroness Perry of Southwark (Con)
Can my noble friend confirm for me and for the House that the overwhelming success of the vast majority of free schools and academies is the best evidence that allowing autonomy and freedom to schools and heads is the best way of raising standards?
Lord Nash
I am grateful to my noble friend for her comments. The overwhelming success of the programme is unarguable. Some 24% of free schools are rated outstanding, which makes them by far our highest performing group of schools; converter academies are far more likely to retain or increase their Ofsted rating at the next inspection; and sponsored academies are increasing their performance at a rate approximately twice that of other schools.
Baroness Sharp of Guildford (LD)
Can the Minister please tell the House what are the responsibilities of the members of the local governing board when the academy chain has trustees who appoint the head?
Lord Grocott (Lab)
Whatever the arguments—and they are substantial—between the two sides of the House on the merits of the Government’s policy of allowing so great a range of different administrations for secondary schools, what is unarguable, as I am sure the Minister will agree, is that the Government’s programme has resulted in a huge increase in the Secretary of State’s personal responsibility—whoever he or she might be—for the ultimate management of so many secondary schools. Given that no individual could possibly do this on their own, can he tell us what structures are in place within the Department for Education, how many people are employed within those structures, and how much it costs? We might then get some sort of measure of how this awesome responsibility is being undertaken and who on earth is undertaking it.
Lord Nash
The Secretary of State, to put it simply, has always been responsible for schools in this country. I cannot put it better than this:
“If a school is not delivering sound education for its pupils, and a different way of running the school would yield a different and better result, it is our duty to institute the change”.
I could not have put it as well—and not surprisingly, as that was a former Prime Minister, Tony Blair, speaking last week. We believe that the regional schools commissioners are the right structure. As for cost, this Government inherited a department from the previous Government that had no concept of value for money. We have halved the cost of running it in real terms. I will write to the noble Lord if he would like the figures. However, the actual cost of running the regional schools commissioners will be something like £5 million, compared with the huge expense of the bureaucratic system that the party opposite proposed to put in place.
Baroness Sharples (Con)
Can my noble friend say how many of these schools have children arriving at them for whom English is their second language?
The Earl of Listowel (CB)
My Lords, the Minister has pointed to the importance of head teachers in his answers. Can he say whether we have a sufficient number of head teachers in secondary and primary schools now?
Lord Nash
It has always been the case in the recent past that we have appeared to have a shortage of head teachers. We are increasingly seeing younger heads coming forward and academy chains growing their own senior leadership teams. Teaching schools are now, of course, also playing an increasing part.
Baroness Oppenheim-Barnes (Con)
Does my noble friend agree that the previous Secretary of State for Education has been a hero in this field in introducing and carrying out policies that have greatly enhanced educational opportunities for children throughout the country?
Lord Nash
I entirely agree with the noble Baroness’s comments. He is the first Secretary of State for many years, I think, to stop the decline in school standards. His changes, which are dramatic, will take years to have effect, but we are already seeing quite significant early signs of the positive nature of their effect.
Children and Young Persons Act 2008 (Relevant Care Functions) (England) Regulations 2014
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The Parliamentary Under-Secretary of State for Schools (Lord Nash) (Con)
My Lords, these regulations are permissive in intent. They would enable local authorities in England to delegate to third-party providers a range of social care functions, so far as those functions relate to children. This would modify the current position set out in Section 1(2) of the CYPA 2008, which already allows local authorities to delegate functions relating to looked-after children and care leavers. These regulations would enable local authorities to decide to delegate other functions, including those relating to early intervention and child protection to providers operating on a not-for-profit basis.
At present, there are few options open to local authorities that wish to consider alternative ways of managing their social care functions. Apart from the limited powers of delegation already in existence relating to looked-after children, the only circumstances in which alternative delivery plans are currently possible are those where an authority is failing and subject to intervention by the Secretary of State under Section 50 of the Children Act 2004. It cannot be logical that only where a local authority fails are such flexibilities available.
I should also make it clear that several local authorities are now waiting eagerly for the passing of these regulations; they are gearing up to innovate and are anxious to make progress with their plans. These forward-looking local authorities are ambitious to improve their services and their ways of working, and these regulations would enable them to fulfil these aspirations. I anticipate that, over time, others will begin to consider how the new freedoms might support their own improvement strategy. As noble Lords will recognise, in too many local authorities improvement is all too urgently needed. The Government are having to intervene in one in seven authorities.
During the consultation on the draft regulations, it was asserted that only the public sector should carry out functions such as child protection. I simply do not believe that this is the case—not with the potential of the voluntary and charitable sector, and the proven success of public service mutuals or the number of public sector failures so clearly before us. I am by no means saying, “Public sector bad, private sector good”. What I am saying is that there should be a willingness and an openness to look at different approaches and options. That is the possibility opened up by these regulations.
Noble Lords will be aware that the consultation elicited widespread and ardent comment. That is entirely appropriate for such an important measure. The number of responses was very high, at 1,315, and there were several petitions and an e-campaign, which resulted in some 58,000 e-mails. By far the most responses to the consultation related to the question of privatisation and profit-making, which was the sole focus of the petitions and the e-campaign. The Government have responded both swiftly and decisively to these concerns by making a significant modification to their original proposals and amending the draft regulations to rule out the possibility of profit-making. This change has been widely welcomed.
It was not the Government’s original plan to include such a restriction, nor was it our intention to see widespread delegation of children’s social care to profit-making companies. The local authorities that are currently exploring their plans in detail are not looking to set up facilities that entail profit-making, so this amendment will not hamper their plans. Of course, this policy never concerned privatisation. This is a permissive agenda, not a centralising regime.
Noble Lords will know that the Secondary Legislation Scrutiny Committee has drawn these regulations to the special attention of the House and raised particular concerns about the consultation arrangements. First, the SLSC said that the consultation proposals were not clear. The volume and sharp focus of the responses show that they were. One might argue that the responses to the consultation were overwhelmingly about an issue that was not the focus of the Government’s plan. Nevertheless, under the original proposals profit-making would have been possible, so those commenting were making an entirely valid point. We have listened to those responses and made changes accordingly.
Secondly, the timescale for responses was deemed to be too short. It may be that a longer consultation would have been preferable, yet in the light of the number of responses and the degree of public scrutiny that the proposals received, my view is that the timescale for responses did not hamper proper scrutiny. Our desire to open up opportunities as soon as possible to local authorities that are seeking them drove the timescale and, on balance, I think that we have been able to bring forward valuable proposals in good time, while allowing significant and influential representations to be made.
On a much less prominent question than that of profit, some during and since the consultation have questioned the evidence base for this change. It is of course true that the direct evidence base for something that has to date not been possible is limited. Noble Lords may be aware that under the Children and Young Persons Act 2008 the previous Government enabled a small number of pilot social work practices to be set up. These were small, practitioner-led practices taking responsibility for specific cohorts of children on behalf of the local authority. The evaluation of the first few social work practices identified evidence of positive change for looked-after children and care leavers. It is true that the evaluation found variation across the pilot sites, but it none the less showed that the practices operated at least as well as, if not better than, the control authorities.
In addition, the Government’s wider mutuals programme has seen the benefits to services, both to the staff working in those services—through reduced absenteeism and staff turnover—and in savings and efficiencies linked to significant improvements of user outcomes. There are now 100 public service mutuals already delivering more than £1.5 billion-worth of public services in sectors such as health and youth services. Local authorities will be able to apply to the Children’s Social Care Innovation Programme for support to make use of the new freedoms that the regulations would allow, and the impact of activities funded through the programme will be robustly evaluated.
These regulations will enable a positive change in the delivery of children’s social care services. They will establish a framework in which local authorities can make their own innovative decisions on how best to manage their children’s social care functions. The experienced and well respected charity, Action for Children, said:
“The freedom to outsource children’s services will allow local authorities to innovate and improve support provided to families”.
That is exactly what we are aiming to achieve and I commend the regulations to the House.
Lord True (Con)
My Lords, I declare an interest as leader of Richmond Council which, along with the Royal Borough of Kingston, has been one of the authorities using the freedoms extended by the previous Government under the 2008 Act. We have established jointly a community interest company, a social enterprise, called Achieving for Children, to deliver these services across the two authorities. When I say “we”, I am referring to a Conservative and a Liberal Democrat authority working together and seeing the opportunity—as we saw it—to improve services. Therefore, I greatly welcome the Minister’s announcement that this is to be extended. It will certainly be welcomed by the professionals in our authorities working on behalf of young people.
It is right that the Minister put beyond doubt the fears raised about privatisation. For my own part, I do not think that the private sector or private carers are incapable of providing professional, high-quality care, but given the response to the consultation, I think my noble friend has acted wisely, as always, in that regard. I hope that that having been done, everybody from all sides will be prepared to put wind behind this and to give support to the professionals involved. This is not about privatisation; certainly it was never about privatisation in the case of my authority or Liberal Democrat Kingston. It is certainly not about moving away from a public service ethos. That is fundamental and held dear by all those who work in the community interest company. Nor is it about a move away from democratic accountability. The local authorities remain statutorily responsible. Our outstanding director of children’s services, Mr Nick Whitfield, who is the chief executive of Achieving for Children, remains statutorily responsible. As I see it, it is freeing up professionals to think differently and to innovate without the constraints that local authority procedures can sometimes cause. It provides freedoms to allow them to maximise the value of the contributions they make, to create new partnerships and fundamentally it puts the professionals who know better than anybody in the driving seat of how to achieve the best outcome for those involved. Local authorities remain ultimately accountable—indeed, the next business contains a whole range of requirements that remain on local authorities.
The regulations will allow the completion of movement of staff into the community interest company. That is an important signal and it is very practical that all staff can be managed in one way and are not having to be transferred under TUPE back from one activity to another when the range of activities ought to be part of supporting young people and part of a seamless whole. I hope that if it agrees to these regulations the Committee will put it beyond doubt that this approach is sanctioned as an appropriate way to provide children’s care.
The launch of Achieving for Children was attended by people from all political parties. I think everyone there was inspired by the professional vision and dedication of those involved and indeed by the speeches made by the young people who saw hope in what was being brought to them and hope in this future. Let us not be afraid to be creative. Let us not be afraid to experiment in improving care while retaining the basic public service needs and statutory responsibilities that continue. I hope that we will support the regulations and I thank my noble friend for bringing them forward.
Lord Nash
I am grateful for noble Lords’ contributions and to my noble friend Lord True for his points, which, given his experience, carry particular weight. I very much welcome the innovation behind Achieving for Children, whose launch I was privileged to go to. As my noble friend said, the presentations made at that launch, particularly by young people, were powerful.
The noble Earl, Lord Listowel, made a number of comments. I am grateful for his welcome for the intent behind the proposals and that he is taking some comfort from the changes made to the adoption regime by the previous Secretary of State for Education. The noble Earl made a good point about the capacity and quality of the workforce in social care. We are determined to raise the status of social work and to attract highly qualified people into it. We have a wide programme of reform of social work under way. Sir Martin Narey reported recently on improving social work training, the chief social worker is bringing strong leadership to the system and we have new training programmes in Frontline and Step Up to Social Work to attract the best to the profession.
The noble Earl mentioned the possibility of fragmentation of services. There is no intention for this to happen. Indeed, we have seen examples, such as Achieving for Children, where we may, in fact, see consolidation of services into single structures. He made a very good point on the importance of the contract. It will be for local authorities to give extremely careful thought to the structure of the contracts to make sure that they lead to quality care and that the KPIs are well thought out and not too short term. His points about engaging with young people are well made. The consultation process received comments not directly from young people but from organisations representing them, including Barnardo’s, Kids Company, Children England and many others.
I am grateful to the noble Baroness, Lady Hughes, for her support. She is of course vastly more experienced than I am on this subject, as it was part of her brief as a Minister while it is not directly part of mine. Local authorities will retain overall accountability for provision and they will be able to gain access to random sampling under the contracts they put in place with their providers. They will also have their own complaints procedures in place, which will be there for parents to go through.
Ofsted’s common inspection framework makes provision for taking a sample of looked-after children’s cases where functions have been delegated. It considers the experience of these children as it would any others in the care system when making judgments on an authority’s effectiveness. Ofsted will speak directly to children and families. It is important to be clear that where functions are delegated, the authority remains the corporate parent and is responsible for the children in its care through its management of the contract with the provider of social services. There is a single inspection framework that looks at the effectiveness of services for children in need of help and protection, looked-after children and care leavers. In addition, there are separate inspection frameworks to ensure high standards for those providing residential placements of various kinds. The same inspection arrangements apply regardless of whether functions are delegated.
Neither we nor Ofsted believe that registration adds particular value to the system. The registration process can be only relatively light-touch and may imply a more robust validation or assurance process than is intended. There is also potential duplication of effort as many of the key checks are those that would automatically be carried out by local authorities as part of their contractual arrangements with the provider. There is no relationship between registration and Ofsted inspection. Ofsted will inspect third party provision as part of its normal inspection arrangements.
I admire the noble Baroness’s suspicion about putting the not-for-profit element beyond doubt. Someone from my background of course believes passionately that the profit motive is always, in every case, a very good discipline. However, as noble Lords can see from the consultation, we have bowed to the responses on this. There is no intention to allow for any back-door profit-making in this. In the academies programme we have in place very clear regulations to ensure that anyone in any kind of governance arrangement with an academy cannot make a profit. Of course it will be possible for a large organisation to set up a not-for-profit subsidiary, but I find it hard to believe, given the risks involved in the provision of services of this kind, that it would be worth doing that on a not-for-profit basis. We will make sure that this is not any kind of back-door arrangement to make a profit on the sly.
I hope that I have dealt with all the points made by noble Lords, but if I have missed anything I will be delighted to write to them. We do not expect an immediate flood of delegated arrangements as a result of these regulations. I have indicated that a few local authorities are waiting in the wings, and we think that others will develop their thinking over time. The regulations will allow the freedom and flexibility for new arrangements to come into place over time and have the real potential to improve services for vulnerable children. That is the framework we are putting in place, underpinned by both an unchanged system of local authority accountability and a robust Ofsted inspection framework. I hope that noble Lords will support the regulations.