Children and Social Work Bill [HL]
Lord Nash ExcerptsWednesday 23rd November 2016
(8 years, 7 months ago)
Lords ChamberRead Full debate Children and Social Work Act 2017 View all Children and Social Work Act 2017 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 69-I Marshalled list for Third Reading (PDF, 80KB) - (22 Nov 2016)
Baroness Benjamin (LD)
My Lords, I rise briefly to support my noble friend’s amendment and congratulate her on all the hard work she has done to ensure that the Minister listens to what she has said. I have visited many schools recently, and I am really surprised at the number of children, especially those in care, who are suffering from depression and anxiety. If we can do anything to make sure that no child slips through the net, it would be perfect, because childhood lasts a lifetime and we must give children the best start in the world—especially children in care, who need us to consider them.
The Parliamentary Under-Secretary of State, Department for Education (Lord Nash) (Con)
My Lords, I am delighted that we have come so far in our scrutiny of this Bill and are now debating the final amendments. I am sure that noble Lords will agree that the collected efforts of this House in bringing together different views and meeting a shared position have paid dividends that we can see in the Bill now before us.
I thank noble Lords for their time, attention and scrutiny, not only during the debates but in the many meetings and exchanges of correspondence between us. I am convinced that the House will be sending a Bill to the other place that will help ensure that all children, whatever their background, get the best start in life. I am grateful for this further opportunity to consider how collectively we can do more to promote the mental health and emotional well-being of looked-after children. As the noble Baroness, Lady Tyler, said, we had a positive discussion when the Minister for Vulnerable Children and I met her on 7 November along with the co-chairs of the expert working group. I am pleased that the co-chairs, Alison O’Sullivan and Professor Peter Fonagy, were able to give a full account of their work.
We have listened very carefully to the arguments put forward by the noble Baroness and other noble Lords, and have reflected on the informative debates in Committee and on Report. The way in which the mental health of looked-after children is assessed, and the timing and scope of those assessments, is one of the key areas within the expert group’s remit. The group is currently collecting evidence about approaches to assessment so that the assessment happens at the right time and with the right people involved. The group intends to consider the pros and cons of specialist assessment and the optimum method of assessment. Its work will specifically reference the Development and Wellbeing Assessment, the Comprehensive Health Assessment Tool, and the use of the Strengths and Difficulties Questionnaire.
Our considered view, as I indicated on Report, is that we should not pre-empt the findings of the expert group. We need to let it develop its recommendations to be confident that we are making changes that will have the effect that I believe that we all, including the Department for Education, the Department of Health and NHS England, as well as noble Lords, want to see, and to which we are all committed. Of course, I completely understand the noble Baroness’s motivation: to ensure that opportunities to make progress are not lost ahead of October 2017, when the expert group is due to report, and I pay tribute to her for that. I am sure that the expert working group will want to engage with her and other noble Lords as it starts to consult expert witnesses.
I reassure the noble Baroness that we are not sitting idly waiting for the expert group to report. We are engaging with the Department of Health on its work with NHS England and Health Education England to identify how new training models for talking therapies might be expanded beyond healthcare services settings to, for example, school counsellors or those working in colleges. We are working with NHS England to roll out a new model of integrated mental health care in secure children’s homes to address needs holistically, co-ordinating the services of several providers. We have been testing the concept of a single point of contact in schools and CAMHS to improve collaborative working across schools and mental health services.
I also reiterate a commitment made on Report, which the Minister for Vulnerable Children has made to the Education Select Committee. The expert group plans to share the evidence base behind the chosen models and the pathway with interested parties, including noble Lords, in the spring. We are committed to acting on the findings of the expert group and will fully consider all the recommendations that it makes, including any recommendations that require legislation.
The amendment seeks to bolster what is already in Section 22 of the Children Act 1989, which places a general duty on local authorities to safeguard and promote the welfare of looked-after children. It is implicit that this means promoting their mental health and emotional well-being. Care planning regulations spell out what that means in more detail: undertaking health assessments that explicitly address mental and emotional health as well as physical health. I am very happy to revisit the relevant guidance and regulations to consider whether the terminology might benefit from being more explicit on the importance of mental health.
We had a helpful and constructive debate in Committee about strengthening the first corporate parenting principle in Clause 1 so that it included an explicit reference to mental and physical health. We have amended the Bill accordingly. In the accompanying statutory guidance we shall emphasise this further. Together with the principle that local authorities must have regard to the need to help looked-after children make the best use of services, it is a powerful lever to bring health to the table.
Alongside the work of the expert group, however, and given the importance of getting this right, I am very pleased to be able to tell the House that we will test new approaches to mental health assessments for looked-after children. We are in the early stages of working out what this should look like and we will want providers themselves, and children and young people, to help us develop and shape the model. We have not settled on the number of pilots, but our initial thinking is that between six and 10 would be sensible. Of course, we would want to ensure that they were representative in terms of factors such as urban and rural, and the characteristics of the looked-after population. What I can tell noble Lords today is that we plan to begin the pilots in April or May next year, and that they will run in parallel to the considerations of the expert working group. We intend to pilot mental health assessments as part of the existing health assessments that children receive when they start to be looked after.
We believe that running pilots in a number of local authority areas, potentially on a regional basis, to look at how mental health can be better assessed as part of the wider health assessment, will be complementary to the work of the expert group. It will also help to inform the implementation of any of its recommendations. These pilots will also guard against treating mental health in isolation from physical health and ensure that we address the needs of the whole child in a holistic manner. While I am not in a position to give chapter and verse on the details of the pilots this afternoon, I want to put on record our intention to develop and pilot a model of a holistic health assessment.
The point made by the noble Lord, Lord Ramsbotham, about a postcode lottery and how we would quality-assure the delivery of these pilots is something that we will consider. It is an important point and we will ask the expert group to look at it. We will ensure that the pilots look at quality-assurance models to see how any assessment should be assured. The independent reviewing officers will also have a role in ensuring that plans deliver what children need.
I will say a personal thank you to the noble Baroness, Lady Tyler, for her continued passion and commitment on this issue. I hope that the commitments that I have made today will provide sufficient reassurance for her to be able to withdraw her amendment.
“( ) relationships;”
Lord Nash
My Lords, as noble Lords will be aware, Clause 2 requires local authorities to consult on and publish a local offer for care leavers. The local offer will set out the services provided by a local authority to assist its care leavers as they move into adulthood and independent living. It should include services relating to health and well-being, education and training, employment, accommodation, and participation in society. On Report, noble Lords expressed concern that services relating to relationships were not included in this list. I recognise this concern and agree that strong and supportive relationships are critical to supporting care leavers to lead successful independent lives. I committed to consider in detail whether an amendment to the Bill would be the best way of securing the necessary progress in this area and, on reflection, we believe that it would. I have therefore tabled this amendment to add services relating to relationships to Clause 2. If local authorities believe that particular services may assist care leavers in or in preparing for adulthood and independent living, they will now have to publish information about these services as part of their local offer, alongside information about services relating to the other five areas stipulated in the clause.
The remainder of the amendments in this group should not, I hope, detain the House for too long. They are a set of technical and consequential amendments relating to Part 1 of the Bill. Amendment 7 allows regulations relating to local reviews of serious cases of harm and abuse that would otherwise be made under the negative scrutiny procedure to be made under the affirmative procedure. This will allow the Government to bring forward regulations relating to both local and national reviews for the House’s scrutiny in a single instrument, ensuring greater coherence and making best use of the House’s time. The other amendments create a new schedule to the Bill, which comprises changes necessary to existing legislation as a consequence of the substantive changes we have debated on the Bill.
Lord Farmer (Con)
My Lords, I thank my noble friend the Minister for bringing forward this welcome amendment—Amendment 2. It follows an amendment I tabled in Committee and on Report, to which the noble Baroness, Lady Tyler, my noble and learned friend Lord Mackay of Clashfern and my noble friend Lady Hodgson put their names. I am grateful to them for their enthusiastic support and for speaking so eloquently in the various debates. I tabled that amendment because it would remedy a serious omission in the list of the areas of support that local authorities are required to include in their local offer.
Recently, North Tyneside Council rallied staff across the authority to improve the employment outcomes of care leavers. Experience taught the council that it would need to be very intentional about ensuring that young people have at least one strong relationship with someone who genuinely and obviously thinks they matter. The council also knew that it would have to help them be part of a supportive network. This emphasis had to be explicitly stated if it was to become embedded in everyone’s practice.
There is a dynamic to this: it is not simply a case of providing young people with an adult who will keep in touch with them and to whom they can turn. Young people need to know how to maintain and grow relationships and how to work through conflict and avoid destructive feuds. Disruptions in attachment processes often lead to an understandable but ultimately vicious circle of an “I’ll reject them before they reject me” pattern of behaviour. Many long for independence far earlier than they can handle it because they do not want to be let down again. Furthermore, our individualistic culture seems to endorse the natural inclination to go it alone and avoid hurt. Not having relationships to draw on can also result in these young people being unbearably lonely, which can have severely negative effects on their health and well-being. It can undermine their education, their ability to maintain a tenancy or other accommodation and manage work, and their financial security. If they do not understand bills, they can easily get into arrears and debt, which can be quite terrifying. Such life skills often develop through a process of guided mastery—encouragement and guidance from someone who is genuinely concerned about them.
In summary, healthy and supportive relationships are fundamental to the other five areas included in the local offer. The Government’s amendment has the potential to tackle the haphazardness of current arrangements which mean that it is not automatic, and is probably highly unlikely, that young people will receive help and advice in the area of relationships.
Given the careful attention that the Minister and his team paid to this matter, I hope that this amendment is a portent of a more relational approach in many other areas of policy. Given the enthusiastic support from across the House that this amendment has received, I am sure that many other noble Lords would agree.
Lord Watson of Invergowrie
My Lords, I too welcome the amendment. The local offer for care leavers and the corporate parenting principles are two of the most valuable aspects of the Bill to emerge. Of course, they were originally in the Bill and we have sought to improve them. The inclusion of the term “relationships” is certainly one of those improvements. I will add just one thing to what the noble Lord, Lord Farmer, said. The question of relationships is not just about having someone to whom the child or young person can relate but about having the ability and the knowledge to build relationships in his or her adult life so that, we hope, that can confirm stable relationships for them and their own children. I support Amendment 2 and the somewhat impenetrable Amendment 12, which is consequential, and the other consequential amendments which the Minister has put forward in his name.
Lord Nash
My Lords, I am grateful to my noble friend Lord Farmer for driving this point so forcefully and to the noble Earl, Lord Listowel, the noble Baroness, Lady Tyler, and the noble Lord, Lord Watson, for their positive contributions to today’s debate. I also thank my noble and learned friend Lord Mackay of Clashfern and the noble Lord, Lord Warner, for speaking on this important issue on Report. I am pleased to have been able to respond positively to them and I hope noble Lords will welcome and accept the amendment.
“Chapter 1: consequential amendments
Schedule (Part 1 of this Act: consequential amendments) contains amendments consequential on this Chapter.”
“Regulations under provisions inserted by sections 12, 15 and 16
In section 66(3) of the Children Act 2004 (regulations subject to affirmative procedure), after “12B(1)(b)” insert “, 16B (whether alone or with regulations under section 16F), 16E(3)”.”
“Chapter 2: consequential amendments
Schedule (Part 1 of this Act: consequential amendments) contains amendments consequential on this Chapter.”
Lord Nash
My Lords, I am grateful to the noble and learned Lord, Lord Woolf, the noble Baronesses, Lady Walmsley and Lady Hamwee, and the noble Lord, Lord Ramsbotham, for this amendment and for raising this important matter of the United Nations Convention on the Rights of the Child. I am also grateful for the contributions to today’s debate from the noble Baronesses, Lady Lister and Lady Wheeler, the noble and learned Baroness, Lady Butler-Sloss, the noble Earls, Lord Sandwich and Lord Listowel, and the noble Lords, Lord Warner and Lord Judd. We had a helpful discussion of the issue on Report, and today’s discussion has been helpful as well. There is a lot of common ground between us though perhaps we take different approaches over what needs to happen next and what could have the most impact in changing culture and behaviour and improving the way we consider children’s rights in policy-making.
Let me start by again emphasising the Government’s commitment to children’s rights. No one questions the importance of the UNCRC and we are fully committed to giving due consideration to the articles when making new policies and legislation. We are equally determined to safeguard and promote the welfare of all children. Nothing could be more important.
As noble Lords are aware, this commitment is already enshrined in existing legislation and statutory duties. The Children Act 1989 and the Children Act 2004 set out a range of duties to safeguard and promote the welfare of children. Specifically, Section 11 of the Children Act 2004 places duties on a range of organisations including local authorities, the police, health services and a variety of other agencies to ensure their functions and any services that they contract out to others are discharged having regard to the need to safeguard and promote the welfare of children. In 2013, we issued statutory guidance to directors of children’s services which requires them to have regard to the general principles of the UNCRC and ensure that children and young people are involved in the development and delivery of local services.
In addition to legislation, a range of monitoring practices is also in place. Through the single inspection framework, Ofsted assesses the experiences of children and young people, tests the thresholds for providing help, care and protection, and evaluates the quality of this support. This reporting process is independent. Forcing local leaders to produce similar five-yearly reports is unlikely to offer the same level of scrutiny. Of course, we should not forget the role of the Children’s Commissioner. The Children and Families Act 2014 gave the Children’s Commissioner the explicit function of promoting and protecting the rights of children, having particular regard to the UNCRC and making sure their best interests are brought to the attention of decision-makers, both locally and nationally.
However, we would fully accept that there is more to do to embed the UNCRC in policy and practice. Across the UK, there are differing approaches to securing ministerial commitment to the UNCRC. Scotland and Wales have both gone down the route of putting a duty on their Ministers in regard to children’s rights and the UNCRC. In Westminster, our prime objective is to bring about sustained change to the culture that does more than force officials and practitioners to take greater account of the UNCRC—the noble Lord, Lord Judd, referred to this. We want policymakers and others to see the value of the UNCRC in their everyday work. Only last month, Minister Timpson spoke at a parliamentary event and—as the noble and learned Lord, Lord Woolf, mentioned—laid a Written Ministerial Statement reinforcing the message that, to achieve implementation of the UNCRC, every department across Westminster must be proactive in considering children’s rights in policy-making. As the noble and learned Lord also mentioned, the DfE Permanent Secretary, Jonathan Slater, wrote to his counterparts across government, challenging them to keep the convention at the heart of their policy-making and implementation, and to engage children and young people in the process.
We are determined to follow this through with a number of measures designed to embed children’s rights across Whitehall and beyond. These include introducing a programme to raise awareness of UNCRC among civil servants, with an understanding of what it means to have regard to the articles when carrying out public duties in relation to children. The programme will include a new core learning and development offer through Civil Service Learning, and an offer through the policy profession led by the director-general for children’s services and the chief social worker. This work will begin in January 2017 with the learning and development offer in place within six months. This goes further than we have gone previously in making training an integral part of Civil Service development. I am sorry that the noble Baroness, Lady Walmsley, believed that we had promised to start this earlier. I understand that we committed to look at all the options, including the models adopted by the devolved Administrations. We have had information from Scotland and Wales and are considering it. I hope the noble Baroness is reassured by my statement that we will start this programme in January.
We also have a commitment to work with the Joint Committee on Human Rights in its plans to develop a template for child rights impact assessments and on any associated guidance and good practice. We will host a round table in January next year with a range of stakeholders, including UNICEF and the Children’s Rights Alliance for England, to explore how we can develop a framework for this work. We will make sure there is input from those with experience and expertise who can support us to change behaviour and culture and promote children’s rights in policy-making at both local and national level. We will work with UNICEF and others to spread best practice from local authorities which have a good track record in promoting children’s rights and articulate the principles and values associated with that practice. At the next review of the statutory guidance Working Together to Safeguard Children, we will consider how the underpinning principles can be strengthened to reflect children’s rights, and we will, of course, continue to discuss and review progress with relevant non-governmental organisations.
The noble Baroness, Lady Lister, asked about evidence. As part of our consideration of implementation of the duties in Wales and Scotland, we will be considering the impact on children of policy-making. We know that UNICEF and others have some rich evidence, and we have asked them to provide it to us for further consideration. The noble Lord, Lord Warner, asked about impact assessments. There is already a strong recommendation within the Cabinet Office guidance to carry out impact assessments for new legislation.
I hope this reassures noble Lords of our wholehearted commitment to children’s rights. We will continue to observe and assess the results of the various approaches to implementing the UNCRC and will be very pleased to involve noble Lords who wish to be involved in that ongoing work. I appreciate the arguments that noble Lords have used to support the amendment, but I hope that our firm commitment to the UNCRC and our plans further to promote and embed it will convince the noble and learned Lord that his amendment is unnecessary.
Lord Woolf
I thank the Minister for that response and I thank all noble Lords who have contributed to this debate. I particularly thank the noble Baroness, Lady Walmsley, whose support I found essential during earlier events, especially when visiting Ministers about this matter. I pay particular attention to what the Minister said. As he spoke, I was very much reminded of what the noble Lord, Lord Judd, said about the importance of the convention underpinning what the Government are doing, which we applaud. Does the Minister still not think that instead of underpinning the convention he might be undermining it unintentionally? I hope he will take that thought away and that by the time the matter arrives in the other place the Government will have had a rethink on this matter. I beg leave to withdraw the amendment.
“Review by independent person
(1) The Secretary of State must commission an independent person to—(a) review the operation of this Part during the review period, and(b) send a report to the Secretary of State on the findings of the review.(2) In carrying out the review the independent person must consult representatives of social workers in England and anyone else that the person considers appropriate.(3) On receiving the report the Secretary of State must lay it before Parliament.(4) The Secretary of State must also lay before Parliament a response to the report.(5) The review period is 5 years beginning with the day on which section 33(1) comes fully into force.”
Lord Nash
My Lords, during our debate on Report, I signalled my commitment to table an amendment that ensures that an independent review of the provisions in Part 2 takes place. Amendment 11 meets that commitment. On Report, noble Lords spoke of the need to ensure that these provisions remain fit for purpose. I agree—in fact I believe I astonished the noble Lord, Lord Warner, with that agreement—that it is crucial that these provisions bring about the reforms that are needed and that they remain fit for purpose.
This amendment ensures that an independent review is undertaken within five years from the point that Social Work England becomes fully operational. The review will be able to cover all aspects of Part 2 of the Bill. Those undertaking the review must consult with representatives of the social work profession and anyone else that they consider appropriate. Following the review and discussions with Members in the other place and noble Lords, the Secretary of State for Education and the Secretary of State for Health will be required to publish a response to the review.
As noble Lords are aware, to ensure the effective operation of Social Work England and that robust independent oversight measures are in place, the Professional Standards Authority will undertake independent reviews on how Social Work England discharges its functions. This new amendment further strengthens the independent scrutiny of Social Work England.
Lord Hunt of Kings Heath (Lab)
My Lords, I do not think I will follow that comment.
If the noble Lord, Lord Warner, was astonished, I was certainly very pleased with the way in which the Minister acknowledged on Report that this is an important issue. I welcome the amendment. I take the opportunity of thanking the Minister, the honourable Edward Timpson in the other place and officials in both the Minister’s department and the Department of Health for the tremendous amount of work they have done in response to the issues raised. We are very satisfied with the outcome.
Lord Nash
My Lords, we are all aware that social workers play a critical role in our society. It is in order to protect the public that we need a strong bespoke regulator committed to the social work profession. With noble Lords’ assistance and engagement, I am confident that we have arrived at a strengthened position and an improved model for the new regulator.
I believe the provisions in Part 2 of the Bill will lead to the establishment of an effective and successful bespoke regulator for social workers, with appropriate independence from government and clear oversight from the Professional Standards Authority. It is right, though, that these provisions be reviewed, and this amendment will ensure that that happens. I therefore hope noble Lords are able to accept this amendment. I am pleased that we are able to finish on such a positive note.
Before I sit down, I take this opportunity to say a few words of thanks to the House. Your Lordships’ House has been unwavering in the rigour and attention to detail that it has brought to bear as we have debated the Bill. I know that on occasion there has not been as much time as noble Lords would have liked to consider the provisions of the Bill before they have been debated, and I know that I have made further demands on noble Lords’ time through meetings, briefings, letters and policy statements. I can only apologise and say how grateful I am for the efforts that have been taken to bring the House’s expertise fully to bear on these matters.
I also thank my ministerial colleagues, particularly of course the Secretary of State and the Minister for Vulnerable Children and Families, who will now be taking the Bill on its next steps. I join noble Lords today in thanking officials, and I shall certainly take back their kind words to everyone involved in the department. In closing, I note the co-operative approach that has been taken on all sides and thank the House again for its constant efforts to find common ground in the best interests of all our country’s children.
Lord Watson of Invergowrie
My Lords, before the Minister sits down, I, too, should like to say a few words about the Bill, as it proceeds to another place. First, I record the thanks of these Benches for the advice and support supplied by the clerks and the Public Bill Office. It is not often that a Lords starter Bill moves down the Corridor containing such a plethora of changes from the form in which it was introduced to your Lordships’ House six months ago. To some extent, that is a reflection of the form in which it was received—which, noble Lords may recall, prompted Labour to take the unusual step of submitting an amendment on Second Reading regretting that Part 2 was bereft of detail, a fact drawing criticism from both the Constitution Committee and the Delegated Powers Committee.
“SCHEDULEPART 1 OF THIS ACT: CONSEQUENTIAL AMENDMENTSPART 1AMENDMENTS RELATING TO CHAPTER 1Local offer for care leavers
1 In Schedule 1 to the Local Authority Social Services Act 1970 (social services functions of local authorities), in the table, at the appropriate place insert—
“Children and Social Work Act 2016 | |
Section 2 | Local offer for care leavers.” |
5 In paragraph 1(1)(g) of Schedule 3 to the Nationality, Immigration and Asylum Act 2002 (kinds of support for which certain people are ineligible), after “23C,” insert “23CZB,”.6 In section 83A(5)(a) of the Apprenticeships, Skills, Children and Learning Act 2009 (apprenticeship offer: application to persons provided with support under Children Act 1989)—(a) for “21” substitute “25”;(b) after “23C” insert “or 23CZB”.PART 2AMENDMENTS RELATING TO ABOLITION OF LOCAL SAFEGUARDING CHILDREN BOARDS7 In Schedule 1 to the Local Authority Social Services Act 1970 (social services functions of local authorities), in the entry relating to the Children Act 2004—(a) for “13 to 16” substitute “16A to 16Q”;(b) omit “targets for”;(c) omit “, and to Local Safeguarding Children Boards”.8 (1) Section 83 of the Children Act 1989 (research and returns of information) is amended as follows.(2) In subsection (1), in paragraph (aa), for “of Local Safeguarding Children Boards;” substitute “of—(i) the Child Safeguarding Practice Review Panel;(ii) safeguarding partners (within the meaning given by section 16E(3) of the Children Act 2004) in relation to local authority areas in England;(iii) child death review partners (within the meaning given by section 16Q(2) of the Children Act 2004) in relation to local authority areas in England;”.(3) In subsection (2) omit paragraph (aa).(4) In subsection (3) omit paragraph (c) (and the “and” before it).9 (1) Section 31 of the Children and Young Persons Act 2008 (supply of information concerning deaths of children) is amended as follows.(2) In subsections (2) and (4), for “appropriate Board” substitute “appropriate authority”.(3) In subsection (5), for “Subsection (6) applies” substitute “Subsections (5A) and (6) apply”.(4) After subsection (5) insert—“(5A) Where the registrar’s sub-district is in England, the registrar must, before the end of the required period, secure that the appropriate authority is notified—(a) of the issuing of the certificate; and(b) of the registrar’s belief and the grounds for it.”(5) In subsection (6)—(a) at the beginning insert “Where the registrar’s sub-district is in Wales,”;(b) omit “Local Safeguarding Children Board in England or”.(6) In subsection (7)(c), for “subsection” substitute “subsections (5A) and”.(7) After subsection (8) insert—“(8A) The child death review partners for each local authority area in England must—(a) make arrangements for the receipt by them of notifications under this section; and(b) publish those arrangements.”(8) In subsection (9) omit “Each Local Safeguarding Children Board in England and”. (9) Subsection (10) is amended as follows.(10) In the definition of “the appropriate Board”—(a) for “Board” substitute “authority”;(b) in paragraph (a), for “the Local Safeguarding Children Board in England in whose area” substitute “in relation to a register kept for a sub-district in England, the child death review partners for the local authority area within which”;(c) in paragraph (b), at the beginning insert “in relation to a register kept for a sub-district in Wales,”.(11) At the appropriate place insert—““child death review partners” has the meaning given by section 16Q(2) of the Children Act 2004;”.(12) Omit the definition of “Local Safeguarding Children Board in England”.”
Children and Social Work Bill [HL]
Lord Nash ExcerptsTuesday 8th November 2016
(8 years, 7 months ago)
Lords ChamberRead Full debate Children and Social Work Act 2017 View all Children and Social Work Act 2017 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 57-II Second marshalled list for Report (PDF, 170KB) - (4 Nov 2016)
Lord Hunt of Kings Heath (Lab)
My Lords, my noble friend has made a convincing case for action in this area. We discussed this in Committee and the Minister was sympathetic to the principal points made by my noble friend. However, he put his eggs in the basket of encouraging innovative good practice and referred to his department’s innovation programme and the funding that has been put into the Pause project to support women who have experience or are at risk of repeat removals of children from their care. He argued that it was better to support good practice than to mandate local authorities. I get that up to a point.
However, to pick up on the remarks of the noble Lord, Lord Warner, the problem is that we have been talking about innovative good practice in this area for a considerable number of years. As the Family Rights Group chief executive, on behalf of the Your Family, Your Voice alliance and the Kinship Care Alliance, has pointed out, looking at the country as a whole, we are not covering sufficient vulnerable people in the way we know can be successful, as these examples of good practice have shown.
This leaves us with a dilemma. I take the noble Lord’s point about the risks of mandation, but if we cannot see from the Government a determined programme that will ensure that good practice is spread throughout every local authority area, we are forced back into the area of mandation. I hope the Minister will come forward with distinct proposals for how his department will make sure that, in every part of the country, the vulnerable people we are talking about will get the kind of support my noble friend has proposed.
The Parliamentary Under-Secretary of State, Department for Education (Lord Nash) (Con)
I thank the noble Baroness, Lady Armstrong of Hill Top, for her amendment, under which local authorities would be required to provide counselling and therapeutic support to parents who have had children taken into care to prevent any further children being taken into care. This is an important issue and, contrary to the noble Baroness’s introductory remarks, I am pleased that she has raised it and I am grateful to her, the noble Earl, Lord Listowel, and the noble Lords, Lord Warner, Lord Hunt and Lord Ponsonby, for their contributions to today’s debate.
As their Lordships will know, the Government believe that children are best looked after within their families, with their parents playing a full part in their lives, unless intervention in that family’s life is necessary. One of the fundamental principles of the Children Act 1989 is that children should be brought up and cared for within their families. Indeed, Section 17 of that Act embodies that principle, with local authorities under a statutory duty to provide services for children in need and their families to safeguard and promote the welfare of such children and promote their upbringing by their families. Local authorities also have a duty to return a looked-after child to their family unless this is against their best interests.
The noble Baroness is right to emphasise how important it is to support parents who have had children taken into care. They need the right type of intervention to allow them to be effective parents for that child if they are returned to them, any other children in their care and any children they may have in the future. We share this commitment, and the legislation and our statutory guidance, Working Together to Safeguard Children, reflect this. Working Together is clear that any assessment of a child’s needs should draw together relevant information from the child, their parents and any other professionals in contact with them. Every assessment of need must be child-centred and must acknowledge that many of the services provided as part of a child in need or a child protection plan will be to support the parents to make sustained change so they can look after their children well.
Alongside the child’s needs and wider family and environmental factors, parenting capacity is a crucial element of a good assessment, as Working Together makes clear. If support is needed to improve parenting capacity, a good assessment will identify this and enable the specific support needs identified—which will vary depending on the circumstances of each case—to be provided. If a child is removed, their parents should continue to receive help and support. If they go on to have further children, Working Together is clear that the level and nature of any risk to the child needs to be identified at a pre-birth assessment and the appropriate help and support given to these parents to support them with making a sustained change.
The noble Baroness might be interested to read, if she has not already done so, the research Assessing Parental Capacity to Change when Children are on the Edge of Care: An Overview of Current Research Evidence, published by the Department for Education in 2014. Among other things, the research sets out the parental factors that are known to be associated with a risk of significant harm to a child, the factors that can reduce the risk of harm and the likely nature of that harm. The report highlights the extensive body of research that shows that a range of problems can impair parents’ ability to meet the needs of their children. These include, but are not restricted to, poor mental health, problem drug and alcohol use, learning disability and domestic abuse. This underscores the need to make sure that parents receive the right type of support to meet their particular needs and circumstances.
Of course, there may be circumstances where counselling will always be appropriate. Because adoption, unlike any other permanent option, involves the ending of a child’s legal relationship with their parents and family, and the creation of a lifelong relationship with new parents, adoption agencies have a legal duty to provide a counselling service for the parent or guardian of the child. Local authorities and voluntary sector agencies that provide these services often, where appropriate, also use the service to support birth parents whose children have been taken into care. In the London Borough of Hammersmith and Fulham, for example, Ofsted inspectors found:
“In all cases seen by inspectors where placement orders had been granted, there was evidence of birth parents being offered referral to support services and mothers were offered referrals to commissioned services to avoid repeat pregnancies where proceedings were likely to result”.
We know that the cycle of care too often continues and that parents who have a child taken into care may well be more likely to have another taken into care later. The noble Baroness referred to some depressing statistics in this regard. The Department for Education’s innovation programme has supported the Pause project, to which the noble Baroness referred, to the tune of £3 million to support women who have experienced, or are at risk of, repeat removals of children from their care. The project aims to break this cycle and give women the opportunity to develop new skills and responses that can help them create a more positive future. Early indications are showing positive results for all 150 women Pause is currently working with, and in some instances the project is enabling them to engage in positive and consistent contact with their children.
Noble Lords will be pleased to hear that, given its success since Committee, the Secretary of State announced last week that further support is to be offered for programmes such as Pause to build on early successes of the programme, and that the programmes’ reach would be extended from six to 47 areas, with up to a further £7 million. This will provide much-needed further evidence on which we can assess our proposals. I hope the noble Lord, Lord Hunt, is pleased to hear that.
Through the innovation programme, we are also continuing to fund the family drug and alcohol court service, which provides therapeutic support to parents whose children are at risk of being taken away from them. Again, often these are parents who have had other children taken into care in the past.
Changing practice like this provides a more effective means of ensuring that we break the cycle. Mandating that local authorities provide counselling or therapy may help some, but it will not be the answer to all the complex problems in this context and will not provide the right support to all parents.
Given that the existing statutory framework is clear that local authorities must provide services to support children in need and their families to stay together, and the innovative ways that we aim to change practice, including further support for Pause and other projects, so that we can build up further evidence, I hope the noble Baroness will feel reassured enough to withdraw her amendment.
The Earl of Listowel
That is such good news regarding the funding of Pause and the family drug and alcohol court. There has been concern about the continuing funding of both those. Will the Minister clarify that the future funding of the family drug and alcohol court is secure? Perhaps he would like to write to me on that point.
Baroness Armstrong of Hill Top
My Lords, I thank everyone who has taken part in this short debate. I think it is clear to the Minister that concerns about this matter are felt around the House. I am pleased that he is committed to thinking more about those concerns and to action. I mentioned Pause. That is not the programme we use, partly because women are not entitled to become part of the programme until they have already had two children taken into care. We wanted to be able to intervene if necessary and if possible before then. I would be interested in talking further to the Minister about this, working with him and inviting him to look at some of the work going on that would support what is proposed in the amendment. We tabled the amendment on the basis of wanting the House to think about the matter and to push the Government further. On the basis that I believe that the Government are taking this issue on board—although I am not yet satisfied—I shall withdraw the amendment at this stage in the hope that the Government will demonstrate to me that they are prepared to continue to work on it.
Lord Nash
My Lords, I thank the noble Baroness, Lady Thornton, for her amendment and for the points that she, the noble Baroness, Lady Howarth, and the noble Lord, Lord Watson, have made. I understand that the concerns around GPs charging for evidence are shared by others, including the Law Society and Rights of Women. I also note that Tom Watson MP, deputy leader of the Labour Party, launched a campaign related to this issue in September. Before addressing their points, it may be helpful if I briefly explain the purpose of the regulations to which the tabled amendment refers.
The reforms introduced by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 removed most private family matters from the scope of legal aid. These were mainly matters concerning child contact arrangements following separation. A clear exception to the scope of these reductions was for family cases involving the appalling crime of domestic violence, for which legal aid is available provided that applicants can produce a piece of objective evidence from those listed at Regulation 33 of the Civil Legal Aid (Procedure) Regulations 2012. A letter from a health professional, including a GP, is one of the specific pieces of evidence listed. Such letters are one of the most common ways that victims evidence their abuse: around 25% of applicants rely on it currently. In the letter, the GP must confirm that the victim has been examined and has injuries or a condition consistent with being a victim of domestic violence. The examination must have taken place within five years of an application for civil legal services. GPs are not required to provide a full report of the violence, just a brief letter for which a template is provided by the Legal Aid Agency. The template was designed in conjunction with the Royal College of GPs.
The Ministry of Justice does not believe that there is a need for GPs or health professionals to charge for writing a letter, although we recognise that this may happen on occasion. I am sure we can all agree that none of us wishes to see unnecessary barriers placed between victims of domestic violence and the help that they need, and I understand the concerns raised by noble Lords. However, I worry that in the absence of alternative funding arrangements or legislation compelling GPs to provide this service to victims, GPs may choose not to provide the evidence following this amendment. That could be counterproductive and prevent victims accessing legal aid. In any event, the House should be aware of an extensive programme of work currently being undertaken by the MoJ, looking not just at this specific issue but at the domestic violence evidence requirements for legal aid more generally. It is worth me elaborating on this a little further.
The Government have broadened the domestic violence evidence criteria three times since implementation; they were most recently amended in April this year. Upon announcing the latest amendment, the Minister then responsible for legal aid announced to the House of Commons that the Ministry of Justice had begun work with domestic violence support groups, legal representative bodies and colleagues across government to gather data and develop their understanding of the issues encountered by victims in obtaining evidence, with the aim of drawing up replacement regulations. The Law Society and Rights of Women are among those with whom the Government have been working collaboratively over the summer. Among other things, the work has involved a large survey of legal aid providers and domestic violence support organisations, as well as a series of focus groups facilitated by Women’s Aid with victims who have had experience of providing evidence. The work is looking at all types of evidence set out in regulations, not just letters from GPs and health professionals, as well as issues around accessibility more generally. The Ministry of Justice is considering the findings and will announce any change to regulations in due course.
I reassure the House that the Government strongly believe that victims of domestic violence must have access to the help they need, including access to legal services funded through legal aid. The extensive research work undertaken by the Ministry of Justice is a reflection of that. I am sure that my colleagues will be happy to meet the noble Baroness to discuss the matter in more detail, and I will certainly take back the particular point made by the noble Lord, Lord Watson. However, in view of what I have said, I hope that the noble Baroness will feel reassured enough to withdraw the amendment.
Baroness Thornton
I thank the Minister for that detailed and comprehensive answer. My only complaint is that he did not accept my amendment, because he has covered all the bases. Clearly there is more to discuss. I thank him for his answer and will certainly accept the invitation to discuss this further. I beg leave to withdraw the amendment.
“( ) Regulations under this section may not be used so as to remove any prohibition on a local authority in England arranging for functions to be carried out by a body whose activities are carried on for profit.”
Lord Nash
My Lords, I want to start by setting out the Government’s case for why the power is needed before I come to speak about the amendments that I have tabled in this group. The Government believe that the legislative framework is the bedrock of children’s social care services. It provides the critical architecture that protects the rights of children and young people. We believe this framework is essentially correct. However, at times we have legislated in response to failure with laws that are focused on achieving the right outcome but have unintended consequences on the ground.
The Munro review in 2011 showed us that overregulation can get in the way of good social work practice and prevent social workers putting children’s needs and wishes first. Too often legislation not only sets out what local authorities need to do to protect children but gives a significant level of detail about how they should do it.
We believe that changes to legislation should be built on evidence of what works in practice, but at present we do not have the ability to trial some of the new ideas local authorities tell us about; we can change the law for all or for none. The power would allow us to test new grass-roots approaches with careful controls, monitoring and evaluation. This might mean, for example, testing more flexible approaches for assessing kinship carers or trialling a new approach to the reviewing process.
The power to test different ways of working is about putting those on the front line in the driving seat and empowering them to find better ways of working to protect the children in their care. This is not about local authorities opting out of their legal duties towards children or being allowed to remove services. It is about empowering them to try something different. By passing this power, we would be creating the opportunity for local authorities to consider how they can give children the best possible service, starting from the needs of the children and their own professional expertise, rather than from a set of regulatory requirements. These provisions will empower professionals to look at international examples and their own experience to design the best possible service for the children in their care.
Not every idea will be a good one, and not every application will be granted. This is why it is so important that there is a robust scrutiny process about how the power is used to ensure that no trial is granted that questions the fundamentals of children’s rights or would not be in their best interests. I know that some concerns have been raised about the scrutiny of proposals and the safeguards surrounding how this power is used. It is absolutely right that noble Lords should want reassurance on this point.
I have considered carefully the views raised in Committee and the extensive discussions we have had around this since. I would like to take this opportunity to outline the amendments the Government have made to improve these clauses and provide more robust and transparent safeguards.
I shall speak first to Amendment 54. As I said on the first day on Report, when we discussed the amendment on profit tabled by the noble Lord, Lord Ramsbotham, I recognise that this is a sensitive area. I also know that there have been concerns from those in this Chamber that the power to innovate could be used to revisit restrictions on profit-making. I have said before, and I will say again, that the Government have no intention for these clauses to be used to amend restrictions on profit-making. However, to put this point absolutely beyond doubt. I have tabled a government amendment to rule out use of the power to amend restrictions on profit-making in children’s social care. I hope this amendment makes it clear to the House that these clauses have nothing to do with profit-making in children’s social care.
Lord Nash
My Lords, I thank all noble Lords who have contributed to this debate. I found it very depressing. Frankly, many noble Lords seemed to be depressingly suspicious of our motives. This is all about improving care for children at the front line. Nobody who has worked closely with my ministerial colleague Mr Timpson could possibly doubt that. He literally has care for children in his DNA, his late mother having fostered more than 80 children and adopted several, and his having worked as a professional in this field for many years. I am extremely grateful to my noble friends Lady Eatwell and Lord True, who are hugely knowledgeable on the inner workings of local authorities in this area, and to my noble friends Lord Farmer and Lord O’Shaughnessy and my noble and learned friend Lord Mackay, for their support.
The noble Lords, Lord Watson and Lord Low, asked for examples of why this power is necessary. The noble Baroness, Lady Howarth, mentioned three examples. We have discussed this at length before. Local authorities, including the very best, tell us that this power will provide them with opportunities to innovate which are simply not available under current legislation. Of course, some local authorities provide very good services under the current legislative framework, but children deserve the very best services, not the best within the current constraints of the good but not perfect legislative framework.
During the course of this debate, I have reflected on a number of points that have been made. The noble Baroness, Lady Howarth, talked about a lot of misinformation in the system and a lot of suspicion, which may affect some noble Lords’ suspicion. It is our job as lawmakers to see through suspicion and see the arguments for what they truly are, and it is the Government’s job to clarify the position with stakeholders. I commit to doing everything we can to explain more fully what this is about, because it is clear that we need to do more in that regard.
I have also reflected on something that my noble friend Lady Eaton and the noble Lord, Lord Low, said. I have huge respect for the noble Lord and I was struck by how suspicious he was of our motives in this regard. I have thought about this in relation to Clause 32. Without Clause 32, it would be impossible to say that this is about dismantling local authorities because these provisions can be initiated only by local authorities. Clause 32 was intended to be a technical clause to clarify that whoever is discharging the local authority’s functions, whether it is a trust or the Secretary of State, has the ability to use the power to test different ways of working. As I have said previously, we anticipate working with our strongest local authorities in the first instance, rather than intervention authorities, and there was never any immediate policy intent for the power to be used in this way; nor was the intention to cut local partners out of decision-making. However, I understand that this point may have caused unnecessary concern to noble Lords. It is critical that local government should feel it owns these clauses. If the provisions in Clause 32 are a block to that, I am very happy to reconsider the point completely. I think that would remove the fear expressed by the noble Lord, Lord Low: there could be no question of a dark agenda on the part of the Government to dismantle local authorities, because only they would have the power to initiate these clauses. I hope this will go some considerable way towards reassuring noble Lords who have concerns on this point.
I will address some other points, particularly the amendments on the process of scrutinising applications. I start with the amendment in the names of the noble Lords, Lord Warner and Lord Watson. As I have said, we have listened to noble Lords on this point and tabled a government amendment to introduce an expert advisory panel to scrutinise applications to use the power, and publish its advice. I believe we have gone a long way towards satisfying noble Lords’ concerns in this area.
Amendments 62 and 65, tabled by the noble Lords, Lord Watson and Lord Hunt, are on the Children’s Improvement Board. I entirely understand the intent behind these amendments, and the noble Lords are right that local government has a very important part to play in scrutinising applications. We propose that this be done through the Children’s Improvement Board feeding in views to a local government representative on the expert advisory panel, which I have already referred to. My officials will work with the LGA and others to work out the details of this process, but I think that would be preferable to naming an informal grouping in the Bill. The grouping could change its constitution or its name at any stage and therefore render itself unable to be consulted. I do not think that would be the right way forward.
Turning to the amendments that address the principle of these clauses, the noble Lord, Lord Ramsbotham, referred to organisations which object to the power. However, it is overwhelmingly the organisations on the front line, and those that represent them, which support these clauses and agree with the Government that overregulation can get in the way of innovation. The LGA has said that it strongly supports the principle of allowing councils to shape provision around the needs of children and young people, rather than the constraints of inflexible regulation. Similarly, the Society of Local Authority Chief Executives has said that the tight regulation and inspection regimes applied to children’s social care provide little opportunity for innovation, and that the proposed power to innovate will enable local councils to try different approaches with appropriate safeguards.
Our partners in practice, 11 of the best and most innovative local authorities from across the country, support this. For instance, Leeds City Council has said that it wants to work in partnership with government to remove barriers that get in the way of best practice, and become an exemplar of a new and more sustainable safeguarding system in which children do better because families are supported to do more and the state has to intervene less. Professor Eileen Munro, whose ground-breaking review into child protection is at heart of our case for the power, supports these clauses. She has said of the power that it is,
“a critical part of the journey”,
set out in her independent review and that,
“testing innovation in a controlled way to establish the consequences of the change, before any national roll out, is a sensible and proportionate way forward”.
Anthony Douglas, chief executive of Cafcass, has described the power to innovate as a,
“crucial requirement if the mainstream social work and social care services of the future are to successfully manage demand, improve quality and provide value for money”’.
The National IRO Managers Partnership sees the opportunity given by the clauses to test new approaches, and has said that the clauses are,
“an opportunity to review practice and develop more innovative approaches and models of support across the whole system of children’s services”.
Finally, Chris Wright, chief executive of Catch22, a charity that is at the forefront of delivering innovative services, makes the case for the power well. He says:
“It will give power back to practitioners and professionals at the local level, supporting them to design programmes that work for the specific children in their care”.
This illustrates that a very significant amount of support exists for the Government’s case that regulation can get in the way of innovation, and that the approach we are taking of introducing a grass-roots power that allows local authorities to come forward with ideas, with careful safeguards, is the right one.
I understand the concerns expressed by noble Lords about delegated powers of this type and about whether the power is proportionate. I stress that this is absolutely not about Government bypassing Parliament on matters of legislation. It is about local authorities, Parliament and Ministers working in partnership to test new approaches and build the evidence for a better legislative framework for all children. Every use of the power will be rigorously scrutinised ahead of being debated, to ensure that it is truly in the best interests of children. Parliament will have the ultimate say on every use of the power.
The noble Lord, Lord Warner, made the point about using a sledgehammer to crack a nut. I suggest that in voting out this clause, noble Lords would be using a sledgehammer to deny the system the opportunity to test a very limited way of working with the aim of improving the lives of young people. The noble Lord asked for evidence, but it is not until we test ideas in practice—in a very limited way—that we can get that evidence, rather than just talking about a lot of theoretical ideas.
Lord Warner
I was making a slightly different point. Where is this groundswell of concern which accumulated in the DfE before it produced the legislation to suggest that this is necessary?
Lord Nash
I have already quoted a number of practitioners who have stated the need for it. As I have said, if we remove Clause 32—which I am quite prepared to look at doing—we will deal with many of the shadows that some noble Lords have raised.
The Government have listened and made substantial steps to put safeguards in place around the use of the power. The Children’s Minister and I remain ready at any time to discuss these clauses further. Professor Eileen Munro talked about doing the right thing, rather than doing things right, and that is what this power is all about. If these clauses are removed, noble Lords would be denying local authorities that can see a better way of working for the benefit of the children in their care the opportunity to test the whole system and learn how we can do things better, giving those children the opportunity of a better life.
Lord True
Before my noble friend sits down, there is an important point. Is he saying that once the House has considered what he said and reflected on it, he would not oppose Amendment 66, which would leave out Clause 32, while on the other hand he would wish to keep the innovation clauses? That would, as he has said, leave all the innovation coming up from the professions and from local authorities, and remove the suspicion that the state might impose something.
Lord Ramsbotham
My Lords, I am very grateful to the Minister for the careful and considered summing up. I am particularly struck by the remark about Clause 32, which is all about the introduction of the Secretary of State. Before I go on, is the Minister seriously proposing that the Secretary of State should be removed from the process?
Baroness Wheeler
My Lords, I again offer the support of these Benches for Amendments 69 and 71, the case for which has been comprehensively set out and argued today by the noble Baroness, Lady Walmsley, and other noble Lords, and in the debate in Committee. Like other noble Lords, I am grateful for the excellent briefings and guidance from the Children’s Rights Alliance for England, the Equality and Human Rights Commission and the Joint Committee on Human Rights. All three bodies underlined the key opportunity presented by the Bill to promote the rights and well-being of children in care and care leavers by placing a statutory duty on public authorities to have due regard to the UN convention.
Like other noble Lords, I hope that the Minister has reflected on his assertion in Committee that a statutory UNCRC duty would not have any real impact on children’s lives. He knows that the 2010 ministerial commitment to give due consideration to the CRC in all new legislation and policy has not led to the widespread change in mindset and culture across government departments that he acknowledges is vitally needed. Implementation of the Written Ministerial Statement has been both piecemeal and ad hoc, as we have heard.
The CRAE freedom of information discovery, and the single Department for Education example across government of any detailed analysis of the CRC and children’s rights being undertaken—and then only on one Bill—show just how far away we are from children’s rights routinely informing the development of law, policy and everyday practice nationally and locally. Indeed, the EHRC has pointed out that the DfE did not go into the level of detail that would have been expected had the statutory obligation been in force. For example, it did not look at the numbers of children affected or of those disproportionately affected, or provide a sufficient level of evidence to explain how conclusions on projected impacts had been reached. I look forward to hearing the Minister’s view of the experience of embedding children’s rights in law in Scotland and Wales, because there is strong evidence, as noble Lords have underlined, that the measures taken in both countries are starting to have the meaningful and practical effect he seeks.
Under Amendment 71, a children’s rights framework would embed the CRC within children’s services and public authorities working with children and families in England. Although many local authorities make reference to the CRC, few have an explicit child rights plan or strategy in place, and there is limited knowledge and understanding of the value of the child rights impact assessment as a key tool. A consistent approach to policy and practice is needed, using the CRC as a framework with nationally available guidance and support.
In a period of unprecedented cuts to public and local authority services, using the CRC to help safeguard children’s rights and ensure a rights-based approach to services is more important than ever. The CRAE has emphasised that too many children continue to experience daily systematic violations of their rights. Just last week we saw Shelter’s shocking report estimating that at least 121,000 homeless children in England, Scotland and Wales face Christmas in stopgap lodgings—the highest figure since 2007.
As the noble Lord, Lord Ramsbotham, underlined, this year’s report from the UN Committee on the Rights of the Child expressed serious concern at the impact of the Government’s recent fiscal policies and allocation of resources, and the disproportionate effect on disadvantaged children. I hope the Government will seize the opportunity presented by these amendments to address these very worrying concerns.
Lord Nash
My Lords, I am grateful to noble Lords for their amendments and for raising the important matter of the United Nations Convention on the Rights of the Child. This Government recognise the importance of the UNCRC and are fully committed to giving due consideration to the articles when making new policies and legislation. I also reassure noble Lords that one of the top priorities for this Government is the safety and well-being of children. In July, the Department for Education set out its vision of how reform of the children’s social care system will bring about improved outcomes for all children, particularly the most vulnerable.
At a local and national level, listening to the voices of children when determining what policies to develop, how those polices should be implemented and what services should be developed, should be second nature to us. Indeed, the Children Act 1989 requires that the local authority shall give due consideration to the child or young person’s wishes and feelings, having regard to their age and understanding, when taking decisions about them. We believe that the way to promote children’s rights is for strong practitioners locally to listen to children and to act in ways which best meet their needs. A duty alone will not do that, and risks practitioners focusing on the wording of the legislation rather than on practice. The Government will consider how best to strengthen compliance with the convention in a way which promotes better practice and a culture of focusing on children’s rights. In doing so, we will pay close attention to what is happening in Scotland and Wales.
Noble Lords will know that earlier this year in Geneva, the UK was commended for great strides made in legislation and in guidance to ensure that all children are protected from harm. Since the summer, the Government have reaffirmed their commitment to the UNCRC through a Written Ministerial Statement from the Minister for Vulnerable Children and Families. This reinforced our view that to achieve implementation of the UNCRC, every department across Westminster must be proactive in considering children’s rights in policy-making. This was followed up with a letter from the DfE Permanent Secretary, Jonathan Slater, to his counterparts across government, challenging them and all their officials to keep the principles and conventions of the UNCRC at the centre of their policy-making and implementation, and to engage children and young people in the process. We are talking to the Children’s Commissioner about how she might hold the Government to account in this respect. It is important that officials are equipped with the right knowledge and skills to make sure they can reflect children’s rights within a policy framework, and we are looking at how to introduce a cross-Whitehall learning and development programme to help officials develop the best policies that take account of children’s rights and work effectively for children.
Noble Lords who have tabled these amendments clearly have considerable expertise and experience in this area, and they raise a very important point about whether more can be done in England to ensure that children’s rights are reflected adequately in our policy-making and implementation. I am grateful to noble Lords for tabling these amendments. I emphasise, however, that introducing new duties is not a step to be taken lightly. There are a number of additional steps we could consider, and we are keen to explore the benefits of the different potential approaches before deciding what further action might be taken. We therefore intend to revisit the significant action already taken to embed the UNCRC across Whitehall and beyond, and consider where there are opportunities to go further to better achieve the outcome we all want: for the rights of children to inform our policy thinking and service delivery.
Lord Lester of Herne Hill
Having heard the noble and learned Lord, Lord Hope of Craighead, does the Minister appreciate that there is a constitutional problem? The noble and learned Lord explained that even though the Convention on the Rights of the Child has not been made part of our law, the courts are still having regard to it and doing their best to comply with it. Would it not be much better if Parliament now turned that practice into something constitutionally even more respectable by making the convention part of our law, in the way that the Human Rights Act makes the European Convention on Human Rights part of our law?
Lord Nash
I heard what the noble and learned Lord, Lord Hope, said, and I will take that back and discuss it further, along with the point he made about the case to which he referred. I am happy to continue discussions with noble Lords who have contributed to this debate. I know that they have already had productive conversations in the past week with the Minister for Vulnerable Children and Families, although not as productive as they would have liked. I would expect those to continue. The DfE will look at all options open to us, but I regret that I cannot commit to a timetable, nor can I commit to returning to the issue before Third Reading. However, noble Lords should be reassured of our very firm intention to take further action. In view of this, I hope they will feel reassured enough to withdraw their amendments.
Baroness Walmsley
My Lords, I thank the Minister for his response. I thank my noble friend Lord Lester, the noble and learned Lord, Lord Woolf, the noble Baroness, Lady Lister, and the noble Earl, Lord Listowel, who, I am delighted to say, mentioned UNICEF’s very effective Rights Respecting Schools programme. I wonder whether the noble and learned Lord, Lord Hope, agrees with me that if we had had the duty we are proposing in these amendments, perhaps fewer cases would have come to the Supreme Court for him to make a decision on.
We do not have full incorporation of the UN Convention on the Rights of the Child into UK law. This amendment falls far short of full incorporation. It is limited to functions relating to safeguarding and the welfare of children, and they would be enormously helpful as a first—not a last—consideration when setting policy in the specific areas that are in the scope of the Bill.
Nobody is suggesting that the duty to have due regard is a silver bullet. As the Minister said, we of course have to improve what practitioners do on the ground and the culture within which they work. I called in aid what has happened about the PSED: it has certainly had that effect in the area of equalities. The Government seem to be determined to consider everything else first, rather than put into UK law the rights that children have as a result of the fact that we are signatories to the convention. I do not quite understand it.
We have heard from the Minister this evening and the Minister in another place yesterday that consultations will take place across Whitehall. I asked Mr Timpson how long that would take and whether it could take place in the two weeks between now and Third Reading. He said that would be rather ambitious because of the time it normally takes to have those consultations. I would like to be sure that those consultations will start straight away, following this evening’s debate so that, by the time we get to Third Reading, we could be convinced that the Government are determined to ensure that children’s rights are at the heart of policy-making. I am afraid we have not had that assurance this evening, so we are going to have to come back to this. The Minister has told us that talks can continue, and I am sure that the noble and learned Lord, Lord Woolf, and I will be very happy to continue them.
In the meantime, as has been said, the Government are missing an opportunity to send out the right message to the rest of the world, and particularly the UN Committee on the Rights of the Child, by accepting one or other of these amendments. I have not convinced the Minister so far, but I can assure him this is not the end of it.
Baroness Walmsley
I thank the Minister. I am aware that that is happening and it is very good. However, that is not the same thing as consulting all departments across Whitehall on how they could implement the “have regard” duty. That is what we would like to see starting.
Baroness Walmsley
I thank the Minister and look forward to hearing what ball has started rolling between now and Third Reading. For the moment, I beg leave to withdraw the amendment.
“Social Work England
(1) A body corporate called Social Work England is established.(2) Social Work England is referred to in this Part as “the regulator”.(3) Schedule (Social Work England) makes further provision about the regulator. (4) The Secretary of State may by regulations rename Social Work England.(5) Regulations under subsection (4) may include consequential amendments to any provision contained in or made under this or any other Act.”
Lord Nash
My Lords, I thank noble Lords for the supportive work and consultation across the House since Committee, which has substantially strengthened the Bill in this regard. I speak on behalf of both the Department for Education and the Department of Health in saying how much we value the expertise that noble Lords across the House have added to the debate. We have listened carefully to their concerns and have tabled a number of amendments to reflect them. I hope noble Lords will recognise how far we have come.
I shall now pause to hear the responses of noble Lords to what I have said and to allow them to speak to their amendments.
Lord Hunt of Kings Heath (Lab)
My Lords, I thank the noble Lord, Lord Nash, his ministerial colleagues and officials because we had the opportunity for a series of meetings between Committee and Report which have culminated in the amendments the noble Lord has brought before your Lordships’ House tonight. I am grateful to him and his colleagues.
Clearly we now have an independent regulator, overseen by the Professional Standards Authority, and we are happy with that outcome. For the social work profession, the improvement agenda and the regulatory agenda this is a sensible way forward.
I have couple of points to mention to the Minister to which he may wish to respond in writing. First, on the issue of the transition, there is a question of whether the cases now being held by the existing regulator will remain with that regulator or will transfer to the new regulator when it has been set up. My advice to the Government would be to leave those cases with the existing regulator so that the new regulator can start with a clean sheet. The Government will need to consider this and I would be happy for the Minister to write to me in due course.
Secondly, the PSA feels that the powers have perhaps been too widely drawn. I understand the Government are looking at this issue. Perhaps the Minister could confirm that. Thirdly, can he confirm that the consultation on the establishment of the regulator will be extensive?
On fees, I understand from the note that we have seen that, in essence, the setting-up costs will be met by the Minister’s department, which will also meet the additional costs of the new regulator, and that the commitment is to the next Parliament. If he could confirm that, I would be extremely grateful.
Overall, I am happy with the outcome.
Lord Warner
My Lords, I echo the support given by other parts of the House to the Minister. I am grateful for the fact that Edward Timpson was very much in listening mode. He was extremely helpful in taking forward and dealing with the concerns many of us had with the original version of Part 2.
I echo the point made by the noble Lord, Lord Hunt, regarding the PSA’s concerns about how widely the powers have been drawn. It has been given powers to go to the High Court, which is not the arrangement it has with all the other health and care regulators. It is pretty nervous about the cost implications. Also, on the point the noble Lord made about the transition arrangements, a very large number of cases need to be dealt with, and there needs to be an orderly transfer.
My name has been added to Amendment 116, the intention of which is to get the Minister to explain why the affirmative resolution procedure applies to most of this part of the Bill, but the negative procedure applies to changing the name of the regulator. Is there some cunning plot in the DfE regarding another lot of names they have in mind?
Lord Nash
My Lords, I am grateful to the noble Lords, Lord Hunt and Lord Warner, for their comments. I will write to the noble Lord, Lord Hunt, about the transition arrangements. His advice is helpful. I can reassure noble Lords that we have no intention of expanding the PSA’s role in relation to its power to appeal cases to the High Court, but I will cover that in a letter to the noble Lord.
On funding Social Work England, we will ensure that any set-up costs will not fall on social workers themselves, and we are committed to supporting its running costs. Social workers already pay one of the lowest fees of any profession and we are determined to keep these as low as possible. It is of course normal practice for professional regulation fees to be subject to review from time to time. However, the amendments will ensure that Social Work England will also have to seek the approval of the Secretary of State before determining the level of fees. This will allow Ministers to exercise appropriate control over any future plans by the regulator to increase fees. I hope that reassures the noble Lord.
On the issue raised by the noble Lord, Lord Warner, we have reflected the principle he wanted in Amendment 115, which inserts a new clause to make specific provision for parliamentary procedures relating to regulations made under Part 2. This sets out that all regulations in the main body of Part 2 will be subject to the affirmative procedure. There is an exception for renaming the regulator. Frankly, that is because we believe a name change represents a relatively minor change and the negative procedure allows for sufficient scrutiny. A name change would, of course, not involve any change to the fundamental objectives and functions of the regulator or any of the other provisions governing the regulator’s operations. I hope the noble Lord is reassured to hear that, and that noble Lords are happy with the amendments.
“Over-arching objective
(1) The over-arching objective of the regulator in exercising its functions is the protection of the public.(2) The pursuit by the regulator of its over-arching objective involves the pursuit of the following objectives—(a) to protect, promote and maintain the health, safety and well-being of the public;(b) to promote and maintain public confidence in social workers in England;(c) to promote and maintain proper professional standards for social workers in England.”
“(1) The regulator must keep a register of social workers in England.(1A) The Secretary of State may by regulations require the regulator to keep a register of people who are undertaking education or training in England to become social workers.”
“(1) The regulator must determine and publish professional standards for social workers in England.“(1A) If the regulator is required to keep a register of students, it must determine and publish standards of conduct or ethics for registered students.(1B) Before determining a standard under this section the regulator must—(a) consult such persons as the regulator considers appropriate, and(b) obtain the Secretary of State’s approval of the standard.”
“(1) The regulator must, in relation to people who are or who wish to become social workers in England, determine and publish standards of education or training.(1A) Before determining a standard under this section the regulator must—(a) consult such persons as the regulator considers appropriate, and(b) obtain the Secretary of State’s approval of the standard.”
“(1) The regulator must—(a) make arrangements for protecting the public from social workers in England whose fitness to practise is impaired, and(b) make arrangements for taking other disciplinary action against social workers in England.(1A) The Secretary of State may by regulations require the regulator to make arrangements for taking disciplinary action against registered students.(1B) The Secretary of State may by regulations make further provision about—(a) fitness to practise as a social worker in England,(b) discipline of social workers in England or registered students, and(c) the arrangements to be made under subsection (1) or (1A).”
“(1) The regulator may publish or disclose information about any matter relating to its functions or give advice about any matter relating to its functions.(2) The Secretary of State may by regulations —(a) make provision requiring the regulator to publish or disclose information, or give advice, under subsection (1);(b) make other provision supplementing subsection (1).”
“(1) The regulator must where appropriate co-operate with the following in the exercise of its functions—(a) Social Care Wales,(b) the Scottish Social Services Council,(c) the Northern Ireland Social Care Council, and (d) any other person specified in regulations made by the Secretary of State.(2) Until section 67(3) of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) comes fully into force, the reference in subsection (1)(a) to Social Care Wales is to be read as a reference to the Care Council for Wales.”
“( ) The Secretary of State may make a scheme for the transfer of property, rights and liabilities from the Health and Care Professions Council (the “old regulator”) to Social Work England.( ) The things that may be transferred under a transfer scheme include—(a) property, rights and liabilities that could not otherwise be transferred;(b) property acquired, and rights and liabilities arising, after the making of the scheme.”
“(1) The Secretary of State may make grants to the regulator.(2) A grant under this section may be made subject to any conditions the Secretary of State thinks are appropriate.”
“Information for Secretary of State
The regulator must provide any information that the Secretary of State requests in relation to the exercise of the regulator’s functions.”
“Parliamentary procedure for regulations
(1) Regulations under section (Social Work England) (renaming of Social Work England) are subject to the negative resolution procedure.(2) Any other regulations under this Part are subject to the affirmative resolution procedure.”
Baroness Walmsley
My Lords, my name is also on this amendment. The noble Lord, Lord Warner, has explained the reasons for it extremely cogently. The Government are trying to make a change at a time of considerable turbulence among social workers, both those who work with children and those who work with adults. As the noble Lord, Lord Hunt, has just said, further change is coming down the track.
I hope that the Government will accept the principle of review, learn and, if necessary, act after five years, by which time the changes in regulation that they are proposing will have had time to embed and we will have had the chance to see whether they have achieved the improvements that the Government are looking for. I can understand the Government’s wish to go about it in the way that they are doing given their requirement for considerable improvement in social work but, as the noble Lord, Lord Warner, clearly pointed out there is a good case for standing back after a reasonable period and looking at it again to see whether it has worked as everybody hopes it will.
Lord Nash
My Lords, I am grateful for noble Lords tabling Amendment 117 and welcome the intention behind it. We are committed to ensuring that these provisions and the work of Social Work England are independently reviewed. It is crucial that we ensure that the provisions bring about the reforms that are needed and that they remain fit for purpose.
I am sure that noble Lords agree that we must avoid any potential for the social work profession not to be regulated, but we should not risk the regulatory oversight of the profession being in any way uncertain. I can reassure noble Lords that this Government are making substantial investment in social work reform and will not leave the success of the body to chance. I can commit to go further than promising to reflect on the matter and meet the noble Lords who have raised this issue.
To ensure that Social Work England remains fit for purpose and carries out its functions effectively—and at the risk of being accused of trying to end this stage of consideration of the Bill on a high—I want to signal now my intention to table an amendment at Third Reading that commits on the face of the Bill to the carrying out of a formal independent review of the regulator five years from the point that Social Work England becomes fully operational. We will require the review to be laid before Parliament.
I anticipate that the review will consider the operation of the regulator with particular regard to its governance and oversight arrangements. I will also require those undertaking the review to consult representatives of the social work profession and other interested parties. I also reassure noble Lords that, following the review and discussions with Members of Parliament and Peers, the Secretary of State for Education and the Secretary of State for Health will be required to publish a response setting out the actions that will be taken.
I wholly agree with noble Lords that appropriate measures need to be in place to ensure that these provisions are independently reviewed. As I set out earlier, the Professional Standards Authority will undertake an independent review annually on how Social Work England discharges its functions. The amendment that I will propose will strengthen these measures further.
I hope that the commitments that I have set out tonight—that an annual report will be published by the Professional Standards Authority, and the tabling of an amendment that would see a full independent review after the first five years of Social Work England’s operation published and accompanied by a statement from both Secretaries of State setting out clearly their response—will reassure noble Lords of the Government’s commitment to getting this right not just now, but in the future. I am happy to meet noble Lords to discuss the details further, but in view of these commitments I hope that the noble Lord will agree to withdraw the amendment.
Lord Warner
I am astonished. The Minister seems to have got over his earlier depression and I am very grateful to him for his response. On that basis, I beg leave to withdraw the amendment.
““professional standards” includes standards relating to—proficiency;performance;conduct and ethics;continuing professional training and development;”
“( ) Sections 56, 57 and 58 extend to England and Wales and Scotland.”
“SCHEDULESOCIAL WORK ENGLANDStatus
1_(1) The regulator is not to be regarded—(a) as a servant or agent of the Crown, or(b) as enjoying any status, immunity or privilege of the Crown._(2) The members and staff of the regulator are not to be regarded as Crown servants.Members
2_ The regulator is to consist of— (a) a chair appointed by the Secretary of State, and(b) such other members as the Secretary of State may appoint.Term of office
3_ A member holds and vacates office in accordance with the terms of the member’s appointment (subject as follows).4_ A member may resign by giving written notice to the Secretary of State.5_ The Secretary of State may by notice in writing remove a member who—(a) has without reasonable excuse failed to discharge the functions of his or her office, or(b) in the opinion of the Secretary of State is otherwise unable or unfit to carry out his or her duties.Remuneration and pensions
6_ The regulator may pay to the members such remuneration, allowances and expenses as the Secretary of State may decide.7_ If required to do so by the Secretary of State, the regulator must—(a) pay such pensions or gratuities to or in respect of any member as the Secretary of State may decide;(b) pay such sums as the Secretary of State may decide towards provision for the payment of pensions or gratuities to or in respect of any member.Staff
8_(1) The regulator must appoint a person to be chief executive, but may only appoint a person who has been approved by the Secretary of State._(2) The chief executive is an employee of the regulator._(3) The Secretary of State may appoint the first chief executive.9_ The regulator may appoint other staff.10_(1) The regulator’s staff may be appointed on such terms, including relating to remuneration and pension arrangements, as the regulator may decide._(2) The regulator must obtain the Secretary of State’s approval for any terms relating to remuneration or pension arrangements.Procedure
11_ The regulator may determine its own procedure (including quorum).12_ No proceeding is invalidated by—(a) a vacancy in the office of chair, or(b) a defect in the appointment of any member.Delegation
13_(1) The regulator may delegate functions to a committee, sub-committee, member or member of staff._(2) The functions that may be delegated under sub-paragraph (1)—(a) include the power conferred by that sub-paragraph, but(b) do not include any power or duty to make rules.14_(1) The regulator may delegate functions to any other person if—(a) the regulator considers that the delegation is likely to lead to an improvement in the exercise of its functions, and(b) the person has agreed to the terms of the delegation._(2) The functions that may be delegated under sub-paragraph (1) do not include—(a) the power conferred by that sub-paragraph, or(b) any power or duty to make rules. _(3) The terms of a delegation under sub-paragraph (1) may include terms requiring payments by the regulator.15_(1) A function may be delegated under paragraph 13 or 14—(a) wholly or partly;(b) generally or only in specified circumstances;(c) unconditionally or subject to specified conditions._(2) A delegation does not prevent the regulator (or the person making the delegation, if different) from exercising the function or making other arrangements for its exercise._(3) A delegation does not affect any liability or responsibility of the regulator for the exercise of its functions.Membership of committees and sub-committees
16_(1) A committee or sub-committee of the regulator may include persons who are not members of the regulator._(2) The regulator may pay such remuneration and allowances as the Secretary of State may determine to any person who—(a) is a member of a committee or sub-committee, but(b) is not a member or member of staff of the regulator.Annual reports and accounts
17_ As soon as possible after the end of each financial year, the regulator must send the Secretary of State a report on the exercise of its functions during the year.18_(1) The regulator must keep proper accounts and proper records in relation to the accounts._(2) The regulator must prepare a statement of accounts for each financial year._(3) The statement must be in such form as the Secretary of State may direct._(4) The regulator must send a copy of the statement to —(a) the Secretary of State, and(b) the Comptroller and Auditor General,within the time period directed by the Secretary of State._(5) The Comptroller and Auditor General must—(a) examine, certify and report on the statement of accounts, and(b) send a copy of the certified statement and of the report to the Secretary of State as soon as possible.19_ The Secretary of State must, in respect of each financial year, lay before Parliament a document consisting of—(a) the annual report sent under paragraph 17, and(b) the certified statement of accounts and report sent under paragraph 18(5)(b).20_ In paragraphs 17 to 19 “financial year” means—(a) the period beginning with the day on which this Schedule comes fully into force and ending with the following 31 March, and(b) every subsequent period of 12 months ending with 31 March.Application of seal and evidence
21_ The application of the regulator’s seal must be authenticated by the signature of—(a) a member of the regulator, or(b) any other person who is authorised (generally or specially) for that purpose.22_ A document purporting to be duly executed under the seal of the regulator—(a) is to be received in evidence, and(b) is to be treated as so executed unless the contrary is shown. Disqualification
23_ In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified), at the appropriate place insert—“Social Work England.”Freedom of information
24_ In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general), at the appropriate place insert—“Social Work England.””
Children: Local Authority Care
Lord Nash Excerpts(8 years, 7 months ago)
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Lord Laming
To ask Her Majesty’s Government what steps they are taking to ensure that children in local authority care are placed in a location close to their extended family and current school.
The Parliamentary Under-Secretary of State, Department for Education (Lord Nash) (Con)
My Lords, the Children Act 1989 requires local authorities to take account of wider family and school networks when placing children. At 31 March 2015, 77% of placements were within 20 miles of the child’s home. However, all decisions are subject to the placement being the most appropriate way to safeguard and promote the child’s welfare. Ofsted inspects how well local authorities perform in this area, and where there are inadequacies, we will intervene.
Lord Laming (CB)
My Lords, I am grateful to the noble Lord. He and indeed the whole House will understand that when the services of the state remove a child from its immediate family, that can be extremely distressing. It can be made worse if the child loses contact with its extended family, school, friends and familiar places. It can be made even worse when the local authority that places the child at a distance does not want its social workers to traipse up and down the country, and therefore contact is lost, and the local authority in whose area the child is placed will not know of its existence. This is an illustration of the saying, “Out of sight, out of mind”. Will the Minister remind local authorities that being a good parent to these vulnerable children is about more than just putting a roof over their head?
Lord Nash
The noble Lord raises an extremely good point; I know he is very experienced in this area. Local authorities must notify each other when placing children out of area, and a placing local authority has a duty to visit looked-after children to supervise arrangements and to promote their welfare. Every child should be visited within the first week, and thereafter children must be visited at intervals of no more than six weeks for the first year, and in subsequent years visits must also take place at intervals of not more than six weeks unless it is a permanent placement, in which case it is every three months. The IRO must monitor the performance of the local authority, as does Ofsted. However, I will take back his concerns to make sure that local authorities are completely aware of their duties in this regard.
Baroness Armstrong of Hill Top (Lab)
My Lords, will the Minister acknowledge that, for every child who goes into care, their trauma is added to because they want to know and understand what has gone wrong, and they want help to find the way forward? The more work is done with the family they have come from, the better the outcome will be. Some of the best outcomes come when children are placed in kinship care. Will the Government work hard to open up opportunities for social workers to learn more about who might be considered a kinship carer and make sure that that is the first option for children who come within the local authority sphere?
Lord Nash
The noble Baroness makes a very good point. It is of course appropriate that children are placed with families and friends where possible. We have done a great deal of work in this area: the adoption support fund can help in this area and help the special guardians. The Family Rights Group and Grandparents Plus have also been funded in this area and we will continue to push in this regard.
The Earl of Listowel (CB)
My Lords, while I recognise the important steps that the Government have taken to improve the welfare of young people in care, will the Minister look at whether more could be done to stop children coming into care, as they increasingly do year on year? This makes it so hard to place them locally. For instance, will he look at the lowering today of the caps on benefits to families to see whether that has any impact on the numbers of children coming into care? To look globally, how do we help local authorities by strengthening families so that children do not come into care?
Lord Farmer (Con)
My Lords, the noble Lord, Lord Laming, highlighted the potential implications of out-of-area care placements on young people’s sense of stability and belonging. Can my noble friend explain to the House how decisions about out-of-area placements are made and how rigorous the sign-off process is?
Lord Nash
Yes, there is a very clear process for out-of-area placements. They have to be approved by a nominated officer and if the placement is a distant one, which means not in its local authority or a local authority adjoining, it has to be approved by the director of children’s services. Local authorities must consult with the authority in which children are placed and the independent reviewing officer—IRO—has a role as well. Ofsted will inspect local authorities for how well they are performing in this regard.
Baroness Hollis of Heigham (Lab)
My Lords, does the Minister agree that children who are placed a longish way from home are more likely to run away to get home, and in the process they may be subjected to further abuse given their vulnerability on their travels home?
Lord Nash
I am not sure whether we have evidence of that, but I certainly agree that, intuitively, it seems likely that that is the case. We are using the innovation fund to see whether we can encourage local authorities to have a more strategic view of where they place children, to be more aware of their particular needs and to try to ensure that they have a more joined-up approach to sourcing suitable placements for them.
Baroness Janke (LD)
My Lords, what are the Government doing about young people and children who are often difficult to place and end up in more than one kind of care? They very often end up in different schools and are not really being monitored throughout the system. Can he say what the Government are doing about monitoring these young people? Can he also say what opportunities for different kinds of care are being offered to many of these troubled young people?
Lord Nash
The noble Baroness makes a very good point. It is well known that children in care quite often have a depressing number of placements. We are very well aware of this: in schools, we now have the concept of a virtual school head to take responsibility and a designated teacher in each school. There are often mental health issues as well concerning these kind of pupils. Where the child requires specialist services such as CAMHS, the local clinical commissioning group has a clear role. The noble Baroness will be aware of our strategy Future in Mind, which focuses on that area as well.
Lord Watson of Invergowrie (Lab)
My Lords, the Education Select Committee’s report on the mental health of looked-after children, published in April this year, echoed the view of NICE that:
“Children and young people placed out of the local authority area are less likely to receive services from CAMHS in their new location”.
Matching children and young people to suitable fostering and residential settings, including the kinship settings that my noble friend Lady Armstrong mentioned, is crucial to providing stability and longevity in a placement and happiness for the child. Will the Government revisit the advice that they give to local authorities to ensure that the mental health needs of a child or young person are properly considered when deciding where they are placed?
The Lord Bishop of Durham
Does the Minister agree that children’s social workers do a fantastically good job, but one of the difficulties they face is their sheer workload, which means that their monitoring of children in care is not as adequate as it is should be?
Lord Nash
I entirely agree that social workers have this challenge. It is one of the reasons why we are looking at bringing in the ability to innovate to have more flexible arrangements. We are doing a great deal of work with the chief social worker to improve the arrangements for social workers and their training.
Education (Pupil Information) (England) (Miscellaneous Amendments) Regulations 2016
Lord Nash Excerpts(8 years, 8 months ago)
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The Parliamentary Under-Secretary of State, Department for Education (Lord Nash) (Con)
My Lords, I thank the noble Lord, Lord Storey, for tabling this Motion. Today’s debate will help shine a light on our reasons for collecting these data and dispel some of the myths and fearmongering that have taken hold in some parts of the media and in other places, with talk of anti-immigration rhetoric and so on. To deliver a world-class system that works for everyone, we need the right data and evidence to develop strong policy. We will use information on pupils’ nationality and country of birth to understand how we can give all pupils a better education—one that caters to their individual needs. This is about children’s needs first and foremost.
In its eighth report of this Session, the Secondary Legislation Scrutiny Committee drew this instrument to the special attention of the House. The noble Lord, Lord Storey, referred to the timing of this instrument. In its report, the committee noted that the timing for the parliamentary passage of the instrument did not respect our undertaking to schools to have a term’s interval between laying and coming into force.
The committee acknowledged our explanation that the delay was unavoidable due to the referendum purdah and subsequent change of Administration. However, a concern remains whether schools were prepared. The department regrets that we were outside the normal practice of providing schools with at least one full term’s notice. But the commitment that all school-related regulations would have a common commencement date of 1 September was met. Guidance was made available to schools on 4 May this year. We informed the committee that we had received no complaints about the compressed timescale and I reassure the House that this is still the case. As part of its report, the committee also made available to the House letters it has received from campaigners with comments about the department’s policies on access to our data.
Our schools educate pupils from a huge variety of backgrounds and we already ask for information on points such as disadvantage and special educational needs. This information enables us to target and ensure that our policies support all children so that they get the most from their education. There is nothing new in schools collecting information about their pupils. We have been asking them to do this for over 10 years through the school census. These regulations allow DfE to start collecting information on nationality, country of birth and English proficiency through the school census for educational reasons. Questions on nationality and country of birth are standard demographic information that is routinely collected in many data collections.
Let me be clear on a number of points. The new information collected has not been and is not shared with the Home Office. The DfE has no way of determining a child’s immigration status, nor would we seek to do so. Providing this information is entirely optional; parents can refuse to do so if they wish. This is clearly stated in our guidance. The noble Earl, Lord Clancarty, asked about the ability of parents to retract this information and I will certainly take that back and consider it.
There is no requirement for schools to request or see evidence of nationality or country of birth. We know that some schools have not followed the guidance and have asked for this, so we will be working with them to ensure they do this properly in future. To address any uncertainties regarding how information should be collected, an information note is in the House Libraries and is on our blog for schools and parents. It is with these new data, which are to be used only by the DfE, that we can work to have a better understanding of what is going on and how to work with schools to deliver the best for all the children, regardless of where they have spent their prior years. The decision to collect these data was taken in 2015, long before Brexit, and followed approval by the Star Chamber Scrutiny Board, which is an external panel of schools and local authorities representing the sector. I reassure the House and repeat that these data items will be used for research, evidence and analysis within the Department for Education only.
Children of foreign nationals can face additional challenges on starting school in the UK. The education system that they have arrived from may be very different from the English system, so they may not be up to the same level as their classmates. This puts pressure on the pupils, teachers and schools. I visit schools constantly up and down the country where they have had substantial, and in some cases very substantial, influxes in-year of pupils with no or little English, or who are new to English—NTE, as it is becoming known—into the school system. They have to educate these pupils in separate classes until they can speak enough English to engage with lessons. That is expensive and they are not specifically funded for this.
One school that I visited recently distinguishes between whether pupils have enough English to engage with maths, which will be earlier than when they can engage in English classes. A colleague visited a school recently where he spoke to a pupil and the pupil next to him said, “He doesn’t speak any English, but I do. I’m from the same country and I’m his interpreter”. That is another approach. We need to understand this behaviour and its impact on our pupils from different educational jurisdictions and the impact on our whole school system.
The noble Lord, Lord Paddick, questioned our motives on this. We know that white pupils on free school meals are some of our lowest-performing pupils, particularly in areas of intergenerational unemployment, whereas once EAL students can speak English they can be particularly aspirational. That has had a positive and significant impact, as he said, on our school system in London. But that is once they can speak English. In the meantime, it can be very time-consuming and resource-intensive for schools and we need to understand different approaches. EAL is also a very blunt instrument in that many pupils characterised as EAL are fluent in English because it is their second language and these factors are not currently included in our accountability measures. We need to consider whether they should be, but we need more information first. Any noble Lord who doubts that should visit some of these schools. I would be delighted to recommend some that they can visit to see this in action.
The noble Lord, Lord Tunnicliffe, asked about the impact and burdens on staff. That is exactly why we seek to get this information—to understand. In short, we do not currently understand the impact of migration on the education system and we should. Understanding nationalities helps us to put the right policies in place to help these children.
Lord Tyler (LD)
I have a particular interest in this subject because my grandchildren attend a primary school in east London, which has a large number of children from different ethnic backgrounds. I want to ask a practical question. The Minister has laid great emphasis this evening and previously on the fact that this is optional. If a number of parents in the school my grandchildren attend take the option not to give this information, how reliable will the information be?
Lord Nash
Obviously, it will not be as reliable as if they had, but it will be better than nothing. At the moment we just do not know and we are seeking a better picture. Frankly, many schools and, I am sure, parents, will understand why we want this information. Parents want their children to be educated better and they want them to be integrated into our school system better. We need to be better at doing that.
Having these data also helps us shine a light on where good practice is taking place. The new data on English proficiency will allow the department and individual schools to explore whether there is a better way of targeting specific children who need additional language support. I repeat loud and clear that the data on nationality, country of birth and language proficiency are not and will not be shared with the Home Office or police. There is a memorandum of understanding in place to this effect, to which a number of noble Lords have already referred. The MoU sets out the terms for sharing data with the Home Office and it reflects the need for practical arrangements between departments of state. It would be disproportionate to put this arrangement on a statutory footing. So far as our apparent refusal to publish this MoU is concerned, we anticipate publishing it shortly.
Where the police or Home Office have clear evidence of illegal activity or fear of harm to children, limited data, including a pupil’s name, address and some school details, may be requested. To be absolutely clear, this does not include data on nationality, country of birth or language proficiency. We have shared data with the Home Office in relation to 520 pupils in the past 15 months, set against 8 million pupils in our school system. It is a very small fraction, but a none the less valuable contribution to the Home Office fulfilling its duties of law enforcement.
Separately from the new data items, the DfE does support the reuse of our data by third parties such as academics and education research organisations when the use of it is both secure and in the interest of adding to the evidence of what works. Recent examples include independent academic analysis of the performance of academies, and others unpicking the recent improvement in outcomes for London schools to ensure that we can maximise what the data tell us about the best things to do next to improve education outcomes.
The data are also reused on websites such as schoolsguide.co.uk and in the Good Schools Guide, which help parents make sense of these complex data when making vital choices. The noble Lord, Lord Storey, asked about our procedures in this regard. We give extracts of our national pupil database out, but only under strict controls. We do not share nationality and country of birth data as part of this process. Access to sensitive data is strictly controlled by the DfE Data Management Advisory Panel, which is comprised of senior experts on the data and legal issues associated with the release of data.
The noble Lord, Lord Storey, and the noble Earl, Lord Clancarty, suggested that perhaps our NPD data are not secure. We believe that they are very secure because we have not had a leak in 16 years. However, we take data protection extremely seriously. All staff who work with data comply with the requirements of the Data Protection Act and undertake mandatory annual data handling training. In addition, all information assets are appointed an information asset owner to ensure that access to data is restricted to only those people who have been vetted and approved. All department systems used to collect, store or transfer personal data undergo regular IT health checks to ensure that they are secure, and these policies and the processes within them are regularly reviewed by the Government Internal Audit Agency to ensure that they are appropriate and effective.
I have responded to the point about this being optional by saying that it is better than what we have by a long way. The noble Lord, Lord Storey, asked whether financial support would be available to schools. Let us first get the information and analyse it so that we can work that out. I have already responded to the point made by the noble Earl, Lord Clancarty, about the circumstances in which the data would be made available to the Home Office. They can be requested only where there is a reasonable expectation that a crime has been committed or fear of harm. I hope I have reassured noble Lords about the intended use of the data that these regulations will collect and that I have allayed the fears and dispelled the myths that have grown up around them.
Lord Storey
My Lords, I am grateful to the Minister for his detailed response and he has given us quite important information about some areas of this matter. The truth is that I do not think he or the Government realised the effect collecting such data would have on schools. We have seen some of the most appalling practices such as, “Hands up if you do not live in England”. That is not conducive to good race relations or to how schools work.
On the question of resources, we already collect information about pupils’ ethnic backgrounds so that we can provide them, but the notion of saying to children, “We want to know where you live and where you were born because at some time in the future we may provide some resources”, just seems batty to me. This is not about shining a light; quite frankly, this is just inept. I am disappointed that the Government did not retract what they had done when they realised how stupid all this is. So I am afraid I am not convinced. I know that this will not have any effect on what has happened, but it is important that people stand up and be counted, and therefore I want to test the opinion of the House.
Social Mobility
Lord Nash Excerpts(8 years, 8 months ago)
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The Parliamentary Under-Secretary of State, Department for Education (Lord Nash) (Con)
My Lords, I thank my noble friend Lord Holmes for tabling this debate. I echo my noble friend Lady Jenkin’s comments about what a wonderful role model for social mobility he is. I thank all who contributed to this debate. It is clear that we all share the view that social mobility is essential to making our country one that works for everyone, not just the privileged few.
I congratulate my noble friend Lady Couttie on her maiden speech. Her role as leader of Westminster Council—the most socially mobile local authority, according to the Social Mobility Commission, as she said—means that she brings with her excellent insights into this issue. I pay tribute to her work on the troubled families programme. I have had the pleasure of dealing with her in my role as an academy sponsor in Westminster, and I therefore know that she will bring considerable intellect and clarity of thought to your Lordships’ House.
Children from many different types of families lack access to the opportunities they need to succeed, and this Government are determined to tackle that, not only for the most disadvantaged but for those parents who work but, as the right reverend Prelate the Bishop of Portsmouth said, struggle to get by—those who are “just managing”. There are social mobility cold spots up and down the country, as a number of noble Lords mentioned, where too many children start school behind, too many schools are not good enough, progress to the best universities is limited to the very few, and too many children go home to families where no one has worked or possibly ever worked. Gaps in cognitive skills by family background start off large, as early as age three, and get larger as children progress through education. Our recently launched opportunity areas will be at the forefront of tackling the causes of these gaps.
We agree that there is a need to level up the playing field to ensure that for all children, it is talent and hard work that determines success in life, not the lottery of one’s birth circumstances. When less able but better-off children are 35% more likely to become high earners than bright but poor children, we know there is a problem that we need to fix. This issue goes beyond the education system, and I welcome the steps taken by professional firms to recognise talent and not background, including changing A-level criteria and creating new apprenticeship routes into top jobs. This marks real progress but there is further to go. Education is a crucial part of the answer to reverse this problem. By prioritising knowledge and skills, the right advice at the right time and the need for challenging life-shaping experiences, the education system can support everyone. The Department for Education now has higher education, further education and skills back within its remit. I will not dwell on how we lost them in the first place.
The noble Lord, Lord Livermore, made a powerful speech on how socially immobile our society is, and asked about the need to consider the impact on the social mobility in policy development. Having all the educational levers in one place means that we can make sure that each part of the system leads fluently to the next and sets all children up for successful careers which play to their individual talents. This gives us an exciting opportunity to make education a driver of social mobility. He referred to the question of a social mobility factor. The social mobility impact is essential to our policies and we are testing our new policies in the department against this. I also echo the comments of my noble friend Lady Jenkin about the particular personal driver of the new Secretary of State for Education in relation to social mobility. I see this in evidence every day, and it is impressive.
As the noble Baronesses, Lady Morris and Lady Massey, and the noble Lord, Lord Storey, said, early years are so important. It all starts from the earliest days and weeks. High-quality early years education lays the foundation for a child’s education, opening the door to a future opportunity. Attendance at a preschool can result in an increase of seven GCSE grades or equivalent at key stage 4—the equivalent of getting seven B grades compared to seven Cs. Parents are their child’s first educators and need to know how best to support development and instil a love of learning, because we know that when children start behind, they stay behind. Our What to Expect, When? guide sets out the development expectations at each stage so parents can properly support their children to reach these milestones.
I reassure the noble Baronesses, Lady Massey and Lady Prosser, that the Government recognise the vital importance of early intervention and the crucial role played by education and children’s services in providing it effectively and promoting good outcomes for children and families. The Early Intervention Foundation has been funded for three years by the DfE and other government departments, and further funding has just been agreed for the 2016-17 period. As well as doubling free childcare for eligible parents of three and four year-olds, we have expanded the entitlement for two year-olds from our lowest income families.
The noble Baroness, Lady Prosser, asked about the decision to move from Sure Start local programmes to Sure Start children’s centres and the transfer of responsibilities for the programme to local authorities. This decision was taken by the previous Labour Government. The local authority duties in relation to children’s centres were set out in the Childcare Act 2006 and would have been debated at that time. The noble Baroness, Lady Morris, particularly stressed the importance of the years zero to five. It has been particularly encouraging, since we enabled free school applications for primaries to include nurseries, to see how many primary free schools have included applications for nurseries. The points she makes are powerful and I will discuss them with Minister Dinenage. The noble Baroness may be pleased to hear that the Secretary of State visited a children’s centre in Norwich last week.
My noble friend Lord Farmer asked about family hubs and children’s centres. The Prime Minister has been clear that tackling poverty and disadvantage and delivering real social reform will be a priority for this Government. The noble Lord, Lord Storey, also asked about our thinking and plans for children’s centres. We will provide further detail in due course and will make it clear how stakeholders and the public can contribute. I very much hope that my noble friend Lord Farmer will contribute to this, as I personally have considerable empathy for his family hubs concept.
My noble friend Lord Farmer talked about the troubled families programme. In June 2013, as part of the first troubled families programme, 150 employment advisers were seconded from Jobcentre Plus to work in local authorities and offer direct support to help troubled families into work. In total, more than 18,000 families in the first programme saw an adult come off out-of-work benefits and move into continuous employment. The noble Lord, Lord Storey, asked about the Select Committee on Social Mobility. The Government’s response was published in July and the debate in the Lords on that has not yet been tabled.
We want all pupils to have access to a good local school. Today, there are more than 1.4 million more children in a good or outstanding school than in 2010. We are doing more to bring in and support excellent teachers, leaders and school sponsors in all parts of the country to turn around schools that are not delivering for young people and which are all too often attended by the most disadvantaged. We believe that all good and outstanding schools that have the capacity to do so should be able to expand to meet the demands of parents in their local area.
The noble Lord, Lord Storey, and the noble Baronesses, Lady Prosser and Lady Massey, asked how grammar schools will help with social mobility. Selective schools have a track record of closing the attainment gap, adding value for all children, but even more for the most disadvantaged children who attend them. That is why we want more disadvantaged children to have the opportunity to attend selective schools, and we want a commitment from those schools to take steps to ensure that disadvantaged children get places. However, we accept that grammar schools as they currently operate admit too few disadvantaged pupils and that they could do more to raise standards for all pupils in the areas in which they are based. That is why our proposals will ask them to do more.
We have been clear that this is not about returning to the binary system of old, but about creating a system in which new and existing grammars contribute in a meaningful way: improving educational outcomes for all pupils and increasing access for disadvantaged pupils.
More high-quality teachers are essential to lift the horizons of children who are not currently fulfilling their potential. We are continuing our commitment to develop teacher and leadership capacity. We recently announced a £75 million investment fund for innovative professional development projects aimed at strengthening teaching and leadership in the areas of the country that need this most, including the opportunity areas.
The noble Lord, Lord Addington, asked about sports bodies getting involved. We are doing this under our free schools programme. We recently approved a free school involving Saracens rugby club. We have a number of football clubs involved in AP schools, and we hope shortly to bring other sports clubs into the free schools programme. He also asked about progress on emphasising SEN. Following the Carter review, we have much strengthened ITT teacher training standards in relation to SEN. The new framework published in July includes explicit content on SEND that will improve the quality of training for teachers entering the system. In order to be awarded qualified teacher status, teachers must demonstrate a clear understanding of the needs of all pupils, including those with SEND, and be able to use and evaluate distinctive teaching approaches to engage and support those with special educational needs and disabilities. Trainees must also recognise signs that may indicate SEND and support those pupils’ needs. Representative bodies in the sector are working on guidance to ensure—
Lord Reid of Cardowan
On that point, which I almost made earlier, will the Minister pay special attention to the growing indications and evidence that some children who have “suffered”, as it has been put, from social and educational disadvantage—particularly those on the autism spectrum or with Asperger’s syndrome—are particularly well equipped, it seems, for tackling cyber and digital communications issues? This is important not only for them but for the nation: they seem to have a particular proclivity for contributing to the national development of cyberspace.
Lord Nash
I will take that point back. I remember, many years ago, visiting a high-end SEN boarding facility where I was shown two satellite photographs of Iraq and asked if I could spot the difference between them. I could not. The teacher said that neither could the computer. But one of our former pupils could. Representative bodies in the sector are working on guidance to ensure that the new framework is properly embedded by providers.
The noble Baroness, Lady Prosser, asked about our expectations for apprenticeship starts. We are taking action to support the growth of apprenticeships to meet our 3 million commitment, working with large and small businesses to begin or expand their programmes, setting new expectations for public sector bodies and through public procurement.
Measures proposed in the Enterprise Act will also protect the term “apprenticeship” to prevent misuse by providers in England, ensuring it is associated with high quality. Investing in a high-quality technical offer is not only the right thing to do; it is also important because we know that at least half the population do not choose to go down the route to higher education. For this reason, we must ensure high-value alternatives that serve students from all backgrounds, but in particular those from lower income families who are most likely to choose these routes. My noble friend Lord Holmes asked about the Institute for Apprenticeships; it will be fully operational by April 2017. The noble Baroness, Lady Prosser, talked about some employers finding it difficult to get access to schools to talk about apprenticeships; we are aware of this issue and we are considering how best to address it. Under our skills plan, young people will be free to choose between the academic and technical options, and they will be able to switch between them at key points. We want them to make informed choices based on the career they want to enter, not their social background.
My noble friend Lord Holmes and the noble Lord, Lord Storey, asked about careers guidance. Good careers education and guidance should give people access to the information and data they need to make informed decisions on education, training and employment options, including the routes into technical education, apprenticeship and higher education. Young people should have a good understanding of the world of work and the skills needed to do well in the labour market. A planned careers programme can help all young people to make important decisions, especially those from disadvantaged backgrounds who are still all too often held back by a lack of support. We know that the more interactions that school children have with the world of work, the more likely they are to do better in their studies. The noble Lord, Lord Storey, also asked when we plan to announce our proposals on careers. We have already done so, in the sense that we are investing £90 million in careers education over this Parliament, including funding the Careers & Enterprise Company to continue its excellent work, under the guidance of the very able young woman Claudia Harris. This organisation has made an excellent start and it will be looking particularly at the opportunity areas. Since August 2016, the company has appointed more than 1,100 enterprise advisers and 78 enterprise co-ordinators in its enterprise adviser network, connecting more than 900 schools in 37 out of 38 local enterprise partnerships.
We are investing £20 million to increase the number of mentors from the world of work to support 25,000 young people at risk of underachieving by 2020. This year, we have introduced destinations data which provide clear and comparable information on the success of schools and colleges in helping all their students take qualifications that offer them the best opportunity to continue in education or training. Primary Futures was mentioned—I have visited it and agree that it is an excellent programme for primary schools.
We also know that young people need access to wider experience and extra-curricular activities as well as the workplace. A lack of these experiences can widen gaps. Business has made it clear that the right attitudes and attributes matter much more to employers when recruiting than academic results alone. Supporting schools to develop well-rounded and resilient pupils is a priority for this Government and we are continuing to work with a range of partners to ensure that this happens. We should draw on the experience of schools such as Kings Langley in Hertfordshire, which I visited recently. From being in the bottom 3% of schools in the country in 2002, it is now flourishing and attributes much of its academic success to its focus on developing the character of all its students, with a particular commitment to three core values: stickability, self-regulation and empathy. It also has a very impressive programme of engagement with parents.
My noble friend Lord Holmes and the noble Lord, Lord Addington, highlighted the role of the National Citizen Service. We are working with the service to expand it considerably. We have just announced that it will benefit from more than £1 billion over the next four years, so that by 2021 it will cover 60% of 16 year-olds. I have to say that having personally been slightly involved when it was first established, I am delighted about this and must pay tribute to my noble friend Lord Wei who was involved in designing this programme. When he first explained it to me I have to say that I was a little sceptical, but he knocked it into shape and it is wonderful to see it flourishing so well. The independent Ipsos MORI evaluation found that 82% of pupils who attended it considered it very satisfactory.
My noble friend Lord Holmes asked about the opportunity areas, and what exactly they would do. We launched the opportunity areas to provide £60 million of additional funding to support social mobility coldspots. In these areas, we will focus our ideas and resources on young people. We will work with the local areas to identify the priorities and the action that needs to be taken. We expect this to include an increase in high-quality teachers in schools, summer schools run by local universities, advice for young people on what subjects to study to get into a good university, and introductions to employers to help them understand the world of work. They will also be given priority in existing schemes—for example, Teach First—and we will incentivise our best academy sponsors to work in these areas. We shall announce other areas in the coming months.
I now turn to the final points made by my noble friends Lady Jenkin and Lord Holmes regarding health and sport. Childhood obesity is the great health challenge of this generation. We have one of the worst records on childhood obesity in the developed world—one in five children leaves primary school obese. The Government’s approach is to help children and families to recognise, and make, healthier choices and to be more active, supported by schools and the NHS. But we cannot do this alone, and everyone has a part to play to help children improve their diets, be more active and lead healthier lives.
As announced in the strategy, many new DfE policies are expected to make a direct contribution to reducing the incidence of childhood obesity, such as the doubling of the primary PE and sport premium to £320 million from September 2017. As well as this, there will be a review of school food standards to reduce sugar consumption, and from September next year there will be £10 million per year to expand breakfast clubs, so that children have a nutritious start to their school day.
My noble friend Lord Holmes asked about the sugar tax. In the 2016 Budget the Government committed to using money from the sugar levy to double the sports premium from £160 million to £320 million. This funding is committed to 2020, and will help drive up the quality and breadth of PE and sport provision, and increase participation so that all pupils develop healthy and active lifestyles.
The increased funding for the premium will play a key role in helping to tackle childhood obesity. We are working with DCMS, the Department of Health and the sector to agree how this funding will be allocated, and are exploring the options for strengthening accountability arrangements and guidance, to ensure value for money.
I conclude by thanking all noble Lords for their contributions to the debate. There is no quick fix for social mobility—but we are committed to addressing the challenges that exist, so that we can make Britain a country that truly works for everyone.
Children and Social Work Bill [HL]
Lord Nash ExcerptsTuesday 18th October 2016
(8 years, 8 months ago)
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The Parliamentary Under-Secretary of State, Department for Education (Lord Nash) (Con)
My Lords, in Committee, quite rightly, we had a substantive debate about the importance of the mental health of looked-after children and care leavers. The Government share the views of noble Lords about the need to ensure that the mental health and emotional well-being of this vulnerable group of children and young people are given as much consideration as their physical health. As my honourable friend the Minister for Vulnerable Children and Families explained when he met Peers last week, we have reflected on the points raised in Committee. As a result, we have tabled an amendment to Clause 1 to put beyond doubt that promoting the health and well-being of looked-after children and care leavers will mean promoting their mental and physical health.
Lord Ramsbotham (CB)
My Lords, I shall speak to Amendment 4. I am very glad that the Government have tabled Amendment 1, which is the burden of much of the intention behind my Amendment 4, although my amendments spell out some of the mental health descriptions, which, under the heading of mental health needs, are not always apparent.
Perhaps I may start with a plea to the Minister that in future, Bills be handled differently from the way in which this one has been. We got extremely short notice of Second Reading immediately after the Queen’s Speech and then, immediately before Grand Committee, we were bombarded with documents, papers and briefings. Those of us who have no research or clerical support, for example, have to spend a considerable amount of time perusing those in order to understand what is being said so that we can play our part in the purpose of this House, which is to revise and scrutinise legislation.
We complained about that in Grand Committee but, lo and behold, during the short return between the two recesses we again received a number of briefings and letters, and this past week has been absolutely mad. Ministers gave three government briefings last Wednesday. I am not complaining about that, but I ask Ministers to remember that others have diaries and that it is not always possible to change with the rapidity that is expected. Also, there has again been a deluge of government amendments, government briefings and government papers, which suggests to me two things: first, that the Bill was not properly thought through before it was introduced; and, secondly, bearing in mind what was said in Grand Committee, that no impact assessment of any of the measures was carried out—a complaint we have made several times before. An impact assessment does not just say that you either do it or not. It should consist of an analysis of the outcomes of doing it or not, so that those of us not coming at it from a party-political angle can make judgments based on the facts as they are given.
What has also disturbed me during the passage of the Bill is the number of practitioners, including organisations such as the Association of Directors of Social Services, and others working in children’s services, who have tabled amendments and made appeals because they do not feel that they have been consulted, or, if they have, that any of their advice or experience has been listened to. That is really not a healthy basis for important legislation about vulnerable children.
The other thing that has come through strongly—I am very glad that the Government have tabled Amendment 1, because it reinforces the point—is that unfortunately, since the demise of the Social Services Inspectorate, responsibility for children’s social care has passed to the Department for Education. Yet when you talk to the people working in the delivery of children’s services, you find that most of the problems they face are more to do with health, emotion, behaviour and well-being than education. Indeed, preparing children so that they are in a fit state to be educated—mentally as well as in every other way—occupies a great deal of their attention. I am worried that more emphasis is placed on the educational direction of social work and that there is not a more apparent cross-government approach, working with the health industry in particular.
Amendment 4 is designed to spell out in more detail the conditions that children in care and other vulnerable children present. It is based on a paper published by the British Psychological Society in 1915 called, Children and Young People with Neuro-Disabilities in the Criminal Justice System. Unfortunately, we have become used to using the phrase “learning disability”, which carries an understanding of a more serious lack of ability to comprehend than some of the conditions in the amendment. The reasons for this go back to the marvellous paper prepared by Baroness Warnock way back in the 1970s in which she spelled out conditions warranting special educational needs status and therefore special treatment. That list was by no means exhaustive but since her paper there has been a great deal more research, and there is now a great deal more understanding of the various conditions grouped together under the phrase “neurodisability”, such as ADHD, dyslexia, and autism. I am strongly of the belief that all of these conditions—which have now been listed by the British Psychological Society—should be better understood. You need only go and talk to the director of a children’s home to find that it is those conditions that give them greatest trouble.
I am very glad that since Grand Committee, there has been a meeting between officials in the Department for Education and the Royal College of Speech and Language Therapists. In Grand Committee, I spelled out the need for the assessment of speech, language and communication difficulties on the grounds that inability to communicate is the scourge of the 21st century and means that too many of our children are unable to communicate with their teachers and therefore engage with education. There is now an assessment programme, carried out, I hope, for all children in this country before the age of two by health visitors who have been trained by speech and language therapists. The aim is to ensure that a plan can be made to introduce treatment that will enable that child to engage with education in five years’ time, when they start primary school.
Officials from the department have also spoken with the National Association of Virtual School Heads, which I must admit I had not heard of—I was slightly worried when I saw the word “virtual”, because I thought that either you are a school head or you are not. Apparently, however, the virtual school heads have a very valuable role in this area, as does the expert working group on mental health.
I am glad that the Royal College of Speech and Language Therapists has been brought in. They are the best people to advise on looking after children and to advise the Government on how to ensure that children, and those working with them, have access to the communication services they so badly need, particularly children suffering from neurodisability orders. Therefore, I am seeking in this amendment the Minister’s undertaking that, in addition to the bald statement in Amendment 1 about improving access to mental and physical health treatment, he will agree to spell out the conditions that so dominate the lives of those responsible for delivering children’s services and ensure that local good practice—which I know his officials are aware of, because it has been listed to them by the Royal College of Speech and Language Therapists—is turned into national good practice, so that all children can take advantage of what has been done in some parts of the country.
Lord Mackay of Clashfern (Con)
My Lords, I wonder how the Government’s amendment can be carried out without giving effect to the other amendments in this group. Amendment 1 has the effect of requiring that in carrying out its functions, a local authority must,
“have regard to the need … to act in the best interests, and promote the physical and mental health and well-being, of those children and young people”.
How one could promote their health without knowing what they may need in the way of health I cannot understand. Therefore I assume that these amendments are all covered by the generality of the words in Clause 1(1)(a) as amended.
Lord Nash
My Lords, I start by responding to the point made by the noble Lord, Lord Ramsbotham, about the preparation for the Bill and consultation. The Bill has been very widely consulted on, and impact assessments have been conducted, including a full assessment in respect of children’s rights. Ministers and officials meet regularly with representatives of local authorities and the voluntary sector to discuss all aspects of the Bill, and their views are always listened to very carefully. In relation to the provisions on looked-after children and care leavers, we have spoken to the ADCS, the LGA and approximately 20 local authorities on the corporate parenting principles and local offer. Our thinking was also informed by eight meetings of care leavers organised by voluntary sector organisations as we developed Keep on Caring. However, I take the noble Lord’s point about, at certain times, the rush of correspondence and the flurry of activity, for which I apologise. It has not been easy for any of us, and I will take his points back, again, and ensure that they are taken very seriously.
I now turn to the amendment in the name of the noble Baroness, Lady Tyler, which would place a duty on local authorities to promote the mental health of looked-after children and care leavers. I am grateful to the noble Earl, Lord Listowel, to my noble friend Lord O’Shaughnessy, to the noble Lords, Lord Warner, Lord Watson and Lord Judd, to the noble and learned Lord, Lord Mackay of Clashfern, and to the noble Baronesses, Lady Murphy and Lady Benjamin, for their contributions to today’s debate.
All mental health-related amendments have been discussed with the co-chairs of the expert group for mental health for looked-after children. One of the co-chairs, Alison O’Sullivan, attended a meeting with some noble Lords in September to present the work plan and ambition for its care pathway project. Assessment, and how children access the right support, will be at the very heart of its work. The next stage of the group’s work will see the development of options for a care pathway along with models of care and quality indicators for the mental health of looked-after children. A care pathway is an evidence-based journey that outlines possible treatment options, timescales and the professionals involved in a person’s care. It will consider, explicitly, the pros and cons of carrying out a full mental health assessment on entry to care.
The expert group plans to share the evidence base behind the chosen models and the pathway with interested parties, including noble Lords, in the spring. We are committed to acting on the findings of the expert group, and will fully consider all the recommendations it makes, including any recommendations to legislate. Every local authority is already under a duty to safeguard and promote the welfare of the children it looks after. That means not just keeping them safe but considering their emotional well-being. Looked-after children already must regularly receive a comprehensive health assessment by a registered medical professional on entry into care.
Where there is concern about possible mental health or special educational needs issues which require further investigation, local authorities must ensure the appropriate professionals undertake necessary next steps. Access to NHS services is based on the clinical needs of each individual. The current approach of undertaking further specialist assessment where there is an established need allows resources to be targeted appropriately.
Transition between children’s and adult mental health services needs to be managed effectively. However, prescribing the age at which a young person leaves CAMHS fails to recognise looked-after children as individuals with varying needs. NHS guidance is clear that the transition must be carefully planned with the young person and should take place at the time which is right for them. Services should, wherever possible, accommodate this flexibility.
Co-operation between local authorities and clinical commissioning groups is vital. That is why CCGs are relevant partners under Section 10 of the Children Act 2004 and must co-operate with local authority arrangements to promote the welfare of children. That includes those looked after and care leavers in their area. Innovation projects such as No Wrong Door in North Yorkshire show what can be achieved through multiagency team approaches.
There are numerous examples of joint working across local authority and mental health teams: North Tyneside, Kensington and Chelsea, Croydon, Hartlepool, Sheffield and Trafford to name but a few. So what we want to see is already happening, but just not everywhere. Through initiatives like the Innovation Programme, the Government are supporting this work and will be helping the wider sector to learn about what really works in this area. Services are improved through better planning and commissioning. The needs of this vulnerable group should be addressed through local health and well-being boards and the local transformation plans that all CCGs have produced with local authorities, together with other local partners.
I completely agree with the importance to be placed on identifying and responding to the mental health needs of children in care. That is why, as I have said, every looked-after child is subject to regular physical and mental health screenings. Where any potential issues are identified, a more intensive specialist mental health assessment should be pursued. But we must remember that around 50% of looked-after children have a mental health problem; 50% do not require intensive specialist assessment—these assessments should be used where there is cause for further investigation, not indiscriminately. As I say, if the expert group on mental health recommends that we reconsider this position, we will do so, properly considering all its recommendations, including legislation.
The noble Baroness, Lady Tyler, clarified some of her concerns and who she proposes would carry out these assessments, which I personally found extremely helpful. I will commit not only to meet her to discuss this matter, but also to try to ensure that the co-chairs of the expert group are also at that meeting to listen to and discuss her points.
I turn to the amendment from the noble Lord, Lord Ramsbotham, which focuses on the needs of looked-after children and care leavers with neurodevelopmental disorders or neurodisability needs. The ability to communicate in order to access learning and improve life chances is something to which the noble Lord is deeply committed. The Government share that commitment, both to looked-after children and care leavers and those with special educational needs. However, we need to take a proportionate and targeted approach to assessing and meeting needs.
The amendment includes a long list of issues that a proposed mental health assessment should cover, all of which may require a specialist assessment. We do not think that screening all children for every condition on that list is appropriate, with children only being sent for specialist assessment where the earlier general assessment has indicated this is necessary. An assessment framework for looked-after children and young people is already in place to ensure their needs are addressed.
Lord Hunt of Kings Heath
I am grateful to the noble Lord for giving way. I am trying to work out whether he has agreed that the issue about mental health assessment can be brought back on Third Reading.
Lord Nash
Well, I have committed to having a meeting with the noble Baroness, Lady Tyler, and the co-chairs of the expert group, to discuss this further. We believe it would be inappropriate to bring this forward now in advance of the expert group making its findings, but it would be helpful if the noble Baroness spoke to the group about her concerns and its direction of travel, and then we can discuss this issue in more detail.
I was dealing with the issues raised by the noble Lord, Lord Ramsbotham. For looked-after children and young people there is already an assessment framework in place to ensure their needs are addressed. This focuses on the whole child’s needs: physical, mental, emotional and behavioural development as well as identity, relationships and social presentation and self-care skills. It draws on expertise from health and education partners and is sufficiently comprehensive to identify children with unmet needs who require further specialist assessment. Where children have or are suspected to have special educational needs or disabilities, social workers should be working with professionals who are experts in addressing those needs and identifying the support needed.
The central approach that underpins the Special Educational Needs and Disability Code of Practice is to use the term “children with learning difficulties”. It is a very broad term, to be applied to any child who has difficulty with learning for whatever reason, including neurodisabilities. It is also intended to identify social, emotional and behavioural issues that are hard to screen for because they are context-based and develop over time.
Under Section 20 of the Children and Families Act 2014, a child or young person has special educational needs if he or she has a learning difficulty or disability that calls for special educational provision to be made for him or her. That definition includes any condition that amounts to a neurodisability, such as autism or dyslexia. The statutory guidance for virtual school heads emphasises this and stresses the importance of the social care and SEND professions working together so that referrals can be made in a timely way and the right support put in place. To that end the department has, for example, been working with the Communication Trust, a consortium of over 40 voluntary and community sector organisations active in the field of speech, language and communication, to build on existing resources and programmes to ensure that practitioners are supported, and to suggest new opportunities to meet the needs of children and young people with speech and language difficulties.
Lord Warner
I am sorry to interrupt the Minister’s flow, but I am puzzling over what he has just said about the amendments from the noble Lord, Lord Ramsbotham, and whether the thrust of those is going to be included in statutory guidance, particularly covering all the conditions set out in Amendment 5. He seemed to be quite encouraging about this, but perhaps he could clarify whether that will be covered in statutory guidance.
Lord Ramsbotham
I thank the Minister for what he has said, but it is not assumed that everyone should be assessed for all these conditions. Rather, they were not recognised in Warnock and have therefore not been recognised as specific conditions in the criteria for special educational needs. It is merely listing them as those that should be included in the SEN description in future.
Lord Nash
I think we can do that. I am happy to discuss this further with the noble Lord but, as I understand it, we are proposing to list them as conditions and draw practitioners’ attention to them. As I was saying, I am reluctant to do anything further on this in relation to mental health until the expert group has met, but I invite the noble Baroness, Lady Tyler, to meet that group.
Baroness Walmsley
I am sorry to interrupt the Minister again, but I would like him to clarify what he was saying to my noble friend Lady Tyler. He mentioned that if the expert group says that the gist of what she is recommending should be in place, the Government will be prepared to legislate. Legislative opportunities being so few and far between, can he assure the House that a suitable vehicle, in the form of a Bill, will be available in this Parliament to achieve that, should the expert group make that recommendation?
Lord Nash
I am not authorised to make that assurance or to predict future legislation standing here. However, we have appointed these experts, we know what their direction of travel is and we will listen very carefully to all their recommendations, including on future legislation. Obviously, when I say “future”, I mean that if they make recommendations, we would like to get on and legislate, where appropriate, as soon as possible. However, it would be helpful if the noble Baroness, Lady Tyler, had further conversation with the co-chairs.
Lastly, I thank the noble Earl, Lord Listowel, for his comments about Clause 29. Of course, we are not due to consider amendments to that clause today. The Government have tabled several amendments to address points made in Committee, and I encourage noble Lords to give them proper consideration before we have a full discussion of that clause in some weeks’ time. I am happy to have further discussions on this with noble Lords in the interim; it would be very helpful to discuss this clause in more detail. I also thank my noble friend Lord Faulks for clarifying the point raised earlier by the noble Lord, Lord Lester. I hope and trust that what I have said—particularly on the amendment on the corporate parenting principle—will reassure the noble Lord, Lord Ramsbotham, and the noble Baroness, Lady Tyler, and persuade them not to move their amendments.
Baroness Bakewell of Hardington Mandeville (LD)
My Lords, I support Amendment 9. Subsection (1) of the new clause proposed in it refers to subsection (2). Clause 1(2)(c) of the Bill refers to,
“persons aged under 25 who are former relevant children within the meaning of”,
the Children Act, and it is that part of the Bill that I wish briefly to address.
I agree completely with the noble and learned Lord, Lord Mackay of Clashfern, about the importance of relationships to children and young people. On Thursday last week, I attended a briefing organised by the noble Earl, Lord Listowel, and the Children’s Society at which I heard from two care leavers, both of whom spoke very passionately about their experiences. One young lady, who was 18, has now left care. However, she was removed from her foster placement one day after her 18th birthday, which seems unnecessarily hasty and somewhat insensitive. To date, no personal adviser has been appointed for her and she has no one to officially advise her. She made the very valid point that she and others in care really need advice, particularly on their likely financial responsibilities, before they reach 18 and not afterwards, as all money stops at 18. I will return to this aspect of financial advice in later amendments.
It is important that children in local authority care have someone they can turn to at all times. Children not in care have parents and relatives whom they can turn to and confide in. Looked-after children deserve parity with their peers, and I fully support the amendment tabled by the noble and learned Lord, Lord Mackay, and the noble Lord, Lord Warner.
Lord Nash
I am grateful to my noble and learned friend Lord Mackay, the noble Earl, Lord Listowel, and the noble Lord, Lord Warner, for their amendments on promoting stable relationships between looked-after children and care leavers and their families and those who care for them.
I am pleased to reassure the House that local authorities already have robust duties to promote and maintain contact between looked-after children, their families and people significant to the child. There are also staff in local authorities and children’s homes with a clear responsibility to promote individual children’s well-being and to build strong relationships with them.
Helping young people maintain positive relationships is a vital part of corporate parenting. Doing so will enable local authorities to comply with several principles; for example, those relating to acting in the child’s best interests and promoting their health, encouraging children to express their wishes and feelings, and to be safe and have stability in their relationships. Maintaining positive relationships is part of promoting children’s best interests and arrangements need to be based on children’s needs and wishes. Existing legislation and statutory guidance strongly support this.
The presumption that contact between children and their family should be maintained while a child is being looked after is already set down in paragraph 15 of Schedule 2 to the Children Act 1989. The Act requires local authorities to promote contact with parents, relatives and those connected with the child, provided it is consistent with the child’s welfare.
Statutory guidance on care planning, placement and case review is also clear. Children’s welfare is the paramount consideration in determining contact and the care plan for a looked-after child must set out the arrangements made for contact with parents, anyone with parental responsibility or any other connected person. The guidance also makes clear that children’s wishes and feelings regarding contact should be taken into consideration. As part of children’s case reviews, independent reviewing officers must speak to children before the review meeting to ascertain their views, wishes and feelings. This gives children a chance to express any concerns, including with their contact arrangements, so the review can take these into account.
I agree with noble Lords that looked-after children, including those in residential care, should be supported by professionals who promote their well-being and have clear accountability for this. At local authority level, all looked-after children have an allocated social worker and an IRO who are responsible for their well-being and development.
The noble and learned Lord, Lord Mackay, rightly highlights the need for children in residential care to have a strong relationship with at least one member of the home’s staff. I entirely agree with him that an ongoing, trusted and stable relationship is really important for these young people. Although it is not mandatory, it is common practice for homes to appoint a key worker for each child. This is a member of staff who has special responsibility for an individual child. The key worker role complements requirements on all staff to protect and build positive relationships with children. While there is no doubt that staff in this role can be a huge source of support for children, we do not believe that making it compulsory would be the right thing to do. Children’s homes have evolved greatly in recent years, both in their size and the approach they take to supporting children, and we strongly believe that they should have flexibility to shape the role and the support they provide to meet children’s individual needs and circumstances.
There are many examples of excellent practice, such as North Yorkshire’s No Wrong Door project. Here children’s wishes and feelings are taken into account by letting them choose their key worker after they get to know their staff. The key worker builds a strong relationship with them and, like a parent, advocates for them where necessary. At No Wrong Door, key workers support young people up to the age of 25, remaining a consistent point of contact as they move to independence.
We recognise that maintaining relationships can be a particular challenge for care leavers. That is why our care leaver strategy, published in July, set out our desire to test new models of support for those leaving care. The Family Finding model, for example, identifies a range of adults, including family members, ex-carers and professionals who have known the young person during their childhood and are prepared to make a lifelong commitment to the young person.
In addition, as the noble Earl, Lord Listowel, mentioned, in response to a recommendation in Sir Martin Narey’s review of residential care, we will introduce “staying close”, which will provide the benefits of “staying put” for those leaving residential care. “Staying close” will support continuation of the trusted relationship that the young person has developed with staff at their former residential home through to age 21. We are planning to invite local authorities to pilot “staying close” in the first instance, to enable us to better understand the costs and practicalities of providing this support.
While I support the very positive intentions behind the amendments, I believe that the way to address them is by continuing to develop effective practice rather than imposing new requirements on practitioners who need the space and flexibility to work out what is best for the children in their care. Though I have much sympathy for the emphasis noble Lords have given to the importance of stable relationships, I believe that this is something local authorities should be promoting through the local offer.
Baroness Lister of Burtersett
My Lords, I rise to speak in support of this amendment, especially in relation to unaccompanied migrant children. I will not repeat what I said in Committee, especially around the regularisation of immigration and citizenship status, but will simply emphasise—here echoing the noble Lord—its importance from the perspective of meeting our obligations under the UN Convention on the Rights of the Child.
In an earlier report, the Joint Committee on Human Rights, of which I was then a member, underlined the importance of access to qualified legal advice and representation to compliance with Article 12 of the convention, which stresses that children must be,
“provided with the opportunity to be heard in any judicial and administrative proceedings”,
affecting them. The Equality and Human Rights Commission highlighted this as a priority issue for implementing the concluding observations of the UN Convention on the Rights of the Child, to which the noble Lord referred. It calls on the Government to expedite the promised review of the LASPO Act to assess its impact on children. Here it is echoing the committee itself.
In yesterday’s Written Statement on the UNCRC the Minister for Vulnerable Children and Families encouraged colleagues to reflect,
“the voice of the child fully in the design and implementation of policy”.—[Official Report, Commons, 17/10/16; col 23WS.]
In the light of that, I hope the Minister will be able to respond positively to the amendment moved by the noble Lord, Lord Ramsbotham.
Lord Nash
My Lords, I am grateful to the noble Lord, Lord Ramsbotham, for this amendment and for his contribution and that of the noble Baroness, Lady Lister.
In local authorities where the ethos of corporate parenting is strongest—for example, in North Somerset and Trafford—the views of looked-after children and care leavers are at the heart of how local services are created and delivered. Along with the Minister for Vulnerable Children and Families, I applaud the way in which many local authorities, through their children in care councils and care leaver forums, listen and respond to the views and needs of this vulnerable group.
The corporate parenting principles are designed to ensure that the local authority as a whole has regard to the need to act in the best interests of the child whenever it carries out functions in relation to looked-after children or care leavers. Considering this together with the existing functions to ensure that the rights of children and young people are promoted, I do not believe that amending the principles in the way suggested is necessary. However, I am aware of the report on advocacy services for looked-after children by the Children’s Commissioner, which highlighted that 55% of looked-after children were unaware of their right to independent advocacy support. Local authorities have a duty to provide assistance for advocacy services for all looked-after children, children in need and children in care, and this includes making them aware of this provision. I do not believe that further legislation would help here.
We need to work directly with local authorities to improve good practice and raise awareness. I will commit to the noble Lord, Lord Ramsbotham, that we will do so. Some local authorities are already very good, but others are not; as the Children’s Commissioner made clear in her report. It is about raising the game of the poorer authorities to meet their existing responsibilities. Indeed, while I sympathise with the underlying intention behind the noble Lord’s amendment, I believe that it may risk introducing an unhelpful adversarial dimension to the relationship between children and young people and their local authority as corporate parent, which I am sure the noble Lord would not wish to see.
The framework for care planning and the transition from care to adulthood that exists already gives children and young people routes for voicing their views. These include court-appointed guardians, their social worker and a named IRO who follows their case, meets the child privately before the formal meeting to review his or her care plan, and also advises the court.
A key role of IROs is to resolve problems arising out of the care planning process. Every local authority should have a formal process for IROs to raise concerns and to ensure that those concerns are respected by managers. This is referred to in our guidance as the local dispute resolution process. An IRO has the statutory power to refer the case to Cafcass at any stage if he or she considers it appropriate to do so. He or she may consider it necessary to make a concurrent referral to Cafcass at the same time that he or she instigates the dispute resolution process. There is clear guidance on this point in the Children Act 1989 statutory guidance on care planning and in the IRO handbook. That handbook, which is statutory guidance that local authorities must comply with, also makes it clear that each local authority should have a system in place that provides IROs with access to independent legal advice. Skilled independent advocates who speak on behalf of looked-after children also work with the legal service. They provide the independent advice and assistance sought by this amendment.
Local authorities are required under Section 26A of the Children Act 1989, which deals with advocacy services, to make arrangements for the provision of assistance to looked-after children and care leavers for advocacy and representation support, and local authorities must make these arrangements known publicly, as they see fit. I am not therefore convinced that adding a further principle on a specific area as regards services or support, which is already the subject of a statutory duty, is necessary.
The corporate parenting principles and the needs articulated in Clause 1 are about improving the culture and ethos of local authorities so that, as far as possible, children are treated with care and as a good parent would, so that the children do not feel that they are being looked after by an impersonal corporate body. The way to do that is not to create expectations of legal representation for all looked-after children and care leavers when disputes can be resolved without escalating it to lawyers. That means using IROs and advocates effectively and making better use of children in care councils, which all local authorities will have. I hope that the noble Lord will feel sufficiently reassured to withdraw his amendment.
Lord Ramsbotham
My Lords, I am grateful to the Minister for that reply and to the noble Baroness, Lady Lister, for her comments and remarks. I am concerned by the content of the UNCRC’s fifth report because it repeats so many criticisms that were contained in the fourth report that do not appear to have been actioned. I am also particularly concerned about the change in status of immigrant children in care, which was included in the Immigration Act 2016. The comment that they lacked legal advice before they were deported is not something of which we should be very proud.
I hope, therefore, that in considering all the things that he has said to me, the Minister will go back and assess the local area legal provision, particularly relating to immigration, because I give notice that I shall raise this question again at Third Reading. In the meantime, I beg leave to withdraw the amendment.
Baroness Pinnock (LD)
My Lords, I draw the House’s attention to my interests as a councillor in the Borough of Kirklees and therefore a corporate parent, with whom the buck finally lands. We had a considerable debate in Committee, as the noble Lord, Lord Watson, said, because there was a lot of concern about having clarity of definition about corporate parenting principles. The noble Lord, Lord Ramsbotham, talked about the report of the noble Lord, Lord Laming, In Care, Out of Trouble, drawing attention to, “Less clarity leading to more inconsistencies”. That is precisely why, at this stage, there is an endeavour to find greater clarity in the corporate parenting principles laid out in the Bill as it stands.
I also suggest that we ought to support greater clarity because of the changing role of local authorities, given the financial pressures on them. It is also the right thing to do because it makes corporate parenting more effective. There has to be work across other public sector partners; those referred to in the amendment laid before us are the police and the health service. The reason for doing that is to ensure that those two bodies in particular have it as a priority in their planning and actions that they take note of the importance of corporate parenting when they meet young people who are in need of care, and who are sometimes—more often than we would like—brought to the attention of the law.
The third reason why we support the amendment proposed is because, in the principles as laid out, and as described by the Minister in Committee, everyone who is employed by a local authority is responsible as a corporate parent. My fear is that, if everybody is responsible, no one is. That is why I have argued consistently that we need to be clear about where the final responsibility lies.
We need to expand the definition of corporate parenting responsibilities to include other key public sector organisations, but also to have clarity within local authorities on where the final responsibility lies. In the words of the noble Lord, Lord Warner, it is always helpful to refresh requirements in earlier legislation because it brings it to the attention of professionals that this is a matter on which legislators place great importance. With those words, I support wholeheartedly Amendments 6 and 7.
Lord Nash
My Lords, I am grateful to the noble Lords, Lord Watson and Lord Warner, for the opportunity to discuss the most effective way of ensuring that partner agencies support local authorities in fulfilling their role as corporate parents, and grateful to them and the noble Baroness, Lady Pinnock, for their contributions to today’s debate.
Legal responsibility and accountability for looked-after children and care leavers rests with local authorities. We believe that maintaining this clear accountability is right to protect vulnerable young people. As such, it is important that the law is clear that local authorities are the corporate parents for looked-after children and care leavers. Section 10 of the Children Act 2004 already places a robust and clear statutory duty on local authorities to,
“make arrangements to promote co-operation”,
to improve the well-being of local children and care leavers in relation to,
“physical and mental health and emotional well-being … protection from harm and neglect … education, training and recreation”,
the contribution made by children to society, and “social and economic well-being”. The partners listed in Section 10 include the agencies necessary to support vulnerable children properly. This includes those listed in this amendment, such as health bodies and the police, but also organisations such as schools and further education institutions that local authorities consider appropriate.
I absolutely agree that partner agencies must be aware of their duties to co-operate with authorities to improve and have regard to children’s welfare under Sections 10 and 11 of the Children Act 2004. However, in practice, to fulfil these duties effectively local authorities would have to make relevant partner agencies aware of their obligations under Sections 10 and 11, so these amendments simply duplicate what is already legally required or necessary in practice to meet existing requirements regarding looked-after children and care leavers. I should add that, crucially, Section 10 goes wider than the amendment of the noble Lord, Lord Watson, as it also places a reciprocal and direct duty on partner agencies to co-operate with local authorities in this regard. Moreover, Section 11 of the Children Act 2004 places a direct duty on the bodies it lists to make arrangements to ensure that they have regard to the need to safeguard and promote the welfare of children when discharging their functions. Therefore, all the bodies within the scope of this provision will be required as of necessity to know about it.
When defining well-being, Section 10 actively addresses key areas where noble Lords rightly want assurance that all vulnerable children will receive high-quality support, such as mental health and emotional, social and economic well-being. This clear and holistic definition provides local authorities with a robust mandate for interagency co-operation to improve the wider well-being of children. Section 10 gives local authorities a strong lever to get the local co-operation needed properly to support vulnerable children and young adults in key aspects of life. The corporate parenting principles provide a further lever for local authorities to engage with key partners and utilise Section 10 arrangements to co-operate to improve the well-being of looked-after children and care leavers.
The fourth principle, in particular, provides for local authorities to have regard to the need to help looked-after children and care leavers access and make the best use of services provided by the local authority and relevant partners. Strong interagency working, underpinned by Section 10, will be crucial to achieving this. The statutory guidance on the corporate parenting principles will emphasise it. It is also important to recognise that there are numerous examples of local authorities and other agencies already working effectively together in the interests of looked-after children and care leavers.
In his report Residential Care in England, Sir Martin Narey refers to the protocol between 10 local authorities and four police services. The protocol aims to reduce the prosecution of children wherever possible by encouraging the use of restorative justice approaches. Trafford provides another good example of strong interagency working. Here, collocation of social workers with health staff and child and adolescent mental health services supports good access to services.
What Peers are seeking to achieve across the country—indeed, what we want—is already happening. It just needs replicating and this is about disseminating good practice and influencing hearts and minds. The corporate parenting principles aid that process because they apply to the whole authority and are intended to create a culture change. We recognise, of course, that, despite the existing legislation to promote interagency co-operation, practice is not always as consistent as it should be. We therefore plan to engage further with directors of children’s services on this issue with the aim of identifying other positive practice and disseminating it more widely.
Given the strength of the existing duties to co-operate under Section 10, our intention to reinforce this in the statutory guidance on the corporate parenting principles and to continue the drive to improve and embed effective practice, I hope the noble Lords, Lord Watson and Lord Warner, will feel reassured enough to withdraw their amendments.
Lord Warner
My Lords, I think it is a missed opportunity, but I am glad that the Minister is going to put some of this into statutory guidance. In the meantime, I beg leave to withdraw my amendment.
Baroness Tyler of Enfield
Will the Minister clarify that he will meet me before Third Reading to consider the issues I have raised?
Lord Mackay of Clashfern
My Lords, I do not propose to elaborate because we have already discussed this, but I want to take the opportunity to answer the point made by the Minister. It is in relation to the Barnardo’s release from the National Independent Visitor Development Project, dated 8 August 2016, that the figure of 97% is mentioned. I am a member of Barnardo’s but had nothing whatever to do with the preparation or publication of this report. It came as a rather sad message to me.
I am sorry that, due to the same sort of considerations that the noble Lord, Lord Ramsbotham, mentioned, I have not been able to attend the briefings that have been held because I have not been here, but I would be very happy to meet the Minister. I sincerely hope that, at least, the Government will be able to incorporate this amendment by way of guidance in the standard that they have set out. I beg to move.
Baroness Bakewell of Hardington Mandeville
My Lords, I speak briefly to Amendment 10 and to agree with the comments of the noble Lords, Lord Watson and Lord Warner. In the market town in my own area, the number of beds available for young people in the excellent Foyer has been reduced over recent years, and it is now in danger of actually closing. As well as providing excellent accommodation to allow young people, especially care leavers, to move on and gain independence, it has provided training, other support and a coffee bar. It is a great shame, to put it mildly, that such a facility should be closed because of the lack of funding for the number of beds there.
As the noble Lord, Lord Warner, who is much more experienced in this area than me, has said, young people, especially care leavers, are very vulnerable and they require adequate quality accommodation to meet their needs.
Lord Nash
My Lords, I am grateful to noble Lords for these amendments, which relate to the local offer for care leavers. Together, they seek to introduce a national minimum standard for the local offer and to place a duty on local authorities to provide suitable accommodation for all care leavers until the age of 21.
It is worth reminding ourselves what the local offer is intended to achieve. It is an opportunity for local authorities to set out in one place the services they provide to assist care leavers as they move into adulthood and independent living. In particular, it should include services relating to health and well-being, education and training, employment, accommodation and participation in society. The local offer must include both care leavers’ statutory entitlements, as well as the additional services and support that local authorities provide to meet the needs of care leavers in preparing for adulthood and independent living. The national minimum offer that the noble Lord seeks is, in effect, the statutory rights that all care leavers are entitled to, but we expect local areas to go beyond the statutory minimum and set this out in their local offer.
Under Clause 2, before publishing their local offer or any revised version of it, local authorities must consult care leavers, as well as any other persons or bodies who are representative of care leavers. I do not believe that prescribing a national minimum standard setting out the services that must be included under the local offer is the right way forward. It would mean central government deciding what is best for care leavers in their local area, rather than the local authorities and care leavers themselves. A set of minimum standards could serve to limit innovation and creativity, rather than to drive the improvements that we all want to see. We have already seen innovation and creativity in the best local authorities with a strong corporate parenting ethos and a care leaver local offer in place, such as North Somerset, Southwark and Trafford.
Turning to the specific duty proposed in Amendment 10, I reassure noble Lords that local authorities are already responsible for providing suitable accommodation to all care leavers aged 16 to 17. “Suitable” is defined in statutory guidance, which makes it clear that bed-and-breakfast accommodation is not a suitable option and must be used only in exceptional circumstances and for no more than two working days.
When care leavers reach the age of 18, local authority care teams are responsible for helping them to access suitable accommodation. The latest data for the year ending March 2016 show that only 7% of care leavers aged between 19 and 21 were in accommodation deemed unsuitable.
There are a range of accommodation options for care leavers aged 18 or above. As we have already discussed, we introduced “staying put”. As I am sure the noble Earl, Lord Listowel, who is not in his place, would be pleased to hear, the latest data show that 54% of 18 year-olds who were eligible to stay put chose to do so. Data also show that 30% of 19 year-olds and 16% of 20 year-olds were still living with their former foster carers.
The Earl of Listowel
My Lords, perhaps I may speak briefly in support of the amendment. Earlier we debated my Amendment 2, and I indicated this morning to the Minister that I would not be seeking to move it. I must say that, listening to the debate in the Chamber, I was almost tempted to change my mind. The amendment was brought to my attention fairly late, which is why I was reluctant to push it as hard as I might. This is an excellent amendment, if I may say so. I understand that the Minister is going to give a very sympathetic response. I hope he can go as far as possible towards enshrining this in statute. I look forward to his response.
Lord Nash
My Lords, I am grateful to my noble friend Lord Farmer and the noble Baroness, Lady Tyler, for the amendment. It seeks to add services relating to relationships to the services that local authorities may offer as part of their local offer. I understand the intention behind the amendment, and I agree that high-quality and consistently supportive relationships are critical to supporting care leavers into successful independent lives. I believe that the key to getting these relationships right is down to how the services are delivered, with individual professionals, volunteers and personal advisers building a strong and positive rapport with young people. I was very interested to hear what my noble friend Lord Farmer had to say about Orange County. It is an area I know well because in a past life I used to travel there regularly on business. I know that it is a very forward-thinking part of the world.
This is an important issue and I am certainly very sympathetic to the points that have been made. I am therefore very happy to take them away and consider further in detail whether an amendment to the Bill along these lines is the best way of securing further progress in this area. I hope that, in view of this, the noble Lord and the noble Baroness will feel reassured enough to withdraw the amendment.
Lord Farmer
I thank the Minister for that encouraging response. I also thank the noble Baroness, Lady Tyler, my noble and learned friend Lord Mackay and the noble Earl, Lord Listowel, for their support. I beg leave to withdraw the amendment.
Lord Nash
My Lords, I am grateful to all noble Lords for this amendment and their contributions to this debate. The amendment would introduce a new clause setting out a national offer for care leavers. The national offer would first comprise an exemption from council tax until care leavers reach the age of 25. Secondly, it would extend care leavers’ exemption from the shared accommodation rate in housing benefit to the age of 25. Thirdly, it would amend the eligibility rules so that care leavers aged under 25 are able to claim working tax credits. Fourthly, it would limit the application of benefit sanctions to care leavers under universal credit. I understand the intention behind this amendment and I agree that it is important that care leavers have the financial support they need to lead independent, successful lives. However, I am not convinced that this amendment is the best way to provide that financial support. I will deal with these issues in turn.
We believe that local authorities are best placed to make decisions about council tax support schemes. Instead of mandating exemptions from the centre, we have provided local authorities with the flexibility to design their own support schemes to meet local need. This is about giving local freedom so that resources can be spent in the best way. We do not want to give blanket exemptions or discounts because of the impact this will have on local authority revenues and other council tax payers who may equally struggle to pay the tax. The latest briefing from the Children’s Society shows that more local authorities are deciding to exempt care leavers from paying council tax. North Somerset, Birmingham, Wolverhampton, Cheshire East and Milton Keynes have all introduced council tax exemptions in the last few months. We expect that the local offer will drive more local authorities to follow suit.
Equally, however, local authorities may decide that it is more appropriate to provide care leavers with other forms of financial support. Some local authorities, for example, provide care leavers with free travel passes or with help to buy clothes for interviews. These are all clear examples of local authorities taking their role as corporate parents seriously.
I recognise the intention behind extending care leavers’ exemption from the shared accommodation rate until the age of 25. As the noble Earl will be aware, discretionary housing payments continue to be available by local authorities which provide support for those individuals who need additional financial help with housing costs. The Government have already committed £870 million in discretionary housing payment funding over the next five years. Your Lordships will appreciate that that is a significant amount of money to help those who are vulnerable and who require additional help with housing costs. However, we have made a commitment in the care leaver strategy to work with the Department for Work and Pensions to explore the costs and benefits of an extension to age 25, as proposed in the amendment. We do not currently have data that tell us how many care leavers would be affected by this change and therefore I do not believe that it would be appropriate to make a change to the law until this issue has been reviewed further. As part of that, we have asked the Children’s Society to provide some real-life case studies to illustrate the impact of moving to the shared accommodation rate.
With regard to amending eligibility rules so that care leavers aged under 25 are able to claim working tax credit, noble Lords may be aware that universal credit will replace the current system of means-tested working-age benefits with a new, simple, streamlined payment. Under the new arrangements, the requirement for workers to be aged 25 or over to be entitled to claim the working tax credit element of universal credit will not apply.
The noble Earl said that care leavers under 25 will still be disadvantaged when universal credit is introduced. That is not consistent with the information provided by the DWP, which has been clear that age-related conditions will not be applied to universal credit. I would be happy to meet the noble Earl to discuss this point further.
Additionally, as part of the national rollout for universal credit, the Department for Work and Pensions will ensure that care leavers are able to make a claim to universal credit in advance of leaving care. They will also have access to universal credit advances where they need help to manage until they receive their first payment.
We recognise the impact that benefit sanctions can have on care leavers’ lives and we share noble Lords’ wish for sanctions on care leavers to be reduced. Jobcentre Plus has introduced a marker that allows care leavers to be identified on the system and receive additional help. We want to ensure that as many care leavers as possible benefit from the support that is available. We do not think it is in care leavers’ interests to remove them entirely from the requirements expected of other jobseekers. However, we already have the flexibility to tailor requirements based on the circumstances of each individual.
The purpose of sanctions is to encourage claimants to comply with reasonable requirements, developed in agreement with their job coach, so as to help them move into and prepare for work. Reducing sanctions on care leavers is therefore best achieved through closer working between local authority leaving care teams and work coaches at Jobcentre Plus. There are many examples of effective local protocols that can help care leavers to understand the conditions around the receipt of benefits. These include the Barnet hub model, which we promoted in our care leaver strategy published in July. I believe, however, that such protocols are best designed locally.
I understand what noble Lords are trying to achieve through Amendment 13. I agree that it is vital that care leavers have the financial resources and support that they need. However, I think that we need to balance this with making sure that we do not unintentionally lower our aspirations for care leavers. Although noble Lords are right to say that care leavers are vulnerable groups, I believe that we would do them a disservice if we did not encourage them into work, as we do with other young people. The real key to helping care leavers is to promote their life chances by supporting them in accessing and staying in education, employment or training in the way that Jobcentre Plus already does, or through the 2nd Chance learning scheme or priority access to the Work Programme. More help and support will be available to care leavers through the new youth obligation scheme and expanded universal support.
I met the noble Earl, Lord Listowel, earlier today, which helped greatly in clarifying and understanding his issues of concern regarding benefit sanctions. I would like to meet him again to discuss his concerns about this further but, before doing so, I will speak to Ministers to see whether there is scope to apply a less stringent sanctions regime for care leavers.
I would also like to draw attention to the care leaver covenant, which will provide a way for government at the national level to make a commitment to support care leavers. Central government departments will be able to set out and update their distinct offer to care leavers. I believe that this will be the most appropriate way to clarify the role of central government departments in supporting care leavers, rather than setting out a “national offer” in legislation. We will announce more details about how departments can sign up to the covenant in the new year.
The noble Lord, Lord Warner, asked about the new Government’s intentions. Noble Lords will be aware that, as part of the Keep on Caring strategy, we are considering our care leavers strategy and how to ensure that care leavers have the financial support they need. I remind noble Lords that this is a programme for the whole Parliament and we will continue to consider these issues. In addition, as the noble Lord will be aware, our new Secretary of State is prioritising social mobility, and she has recognised that improving the outcomes of care leavers is an important part of that agenda.
Finally, many noble Lords have talked about Jack’s experiences while in care. My officials have also heard from Jack and have organised some work experience for him in the department. We continue to talk to him and to listen to his experiences.
In the light of the points I have made, I hope that the noble Earl will feel reassured enough to withdraw his amendment.
The Earl of Listowel
My Lords, I thank the Minister for his reply and I thank all noble Lords who have taken part in the debate: the noble Lord, Lord Watson, the noble Baroness, Lady Bakewell, the right reverend Prelate the Bishop of Chester and other noble Lords. I appreciate their contributions.
I am grateful to the Minister for his interest, his sympathy and his offer of a meeting, particularly to discuss sanctions. However, I am most concerned that this amendment may be lost if not agreed today.
Listening to the debate, I particularly thought of the recent report from CoramBAAF which looked at the rates of teenage pregnancy among young women in care and leaving care. It pointed out that they are three times more likely to become pregnant and that, when they do, they are more likely to keep the child because they are looking for someone to love them. They want to give birth to and hold on to the child and have the love of the child. In this case we may often be talking about young families coming out of care as well.
We have to do more to break the cycle of young people leaving care and so often falling into debt and financial hardship, not being able to make the most of the opportunities that the worlds of training and work have to offer. This is fundamentally about fairness and pulling out all the stops to help care leavers achieve their full potential.
Before I conclude, I want to say how glad I am to hear that the Minister has found a work placement for Jack. I look forward to hearing how that develops. However, I am afraid that I must beg leave to ask the opinion of the House.
Lord Nash
My Lords, I will speak first to Amendments 14, 15, 16 and 18.
In Committee, I was pleased at the support Clause 3 received and to see that the importance of making available the support of a personal adviser to all care leavers was widely recognised. In most family situations support tapers away as children and young people get older and gain more independence. The support we provide for 16 and 17 year-old care leavers clearly needs to be greater than it would be for the majority of 21 to 25 year-olds, and the legislation should follow that approach.
At the same time, we know there are some care leavers whose lives remain chaotic during their early 20s and who need quite intense support to bring stability to their lives, and others who will need support on specific things at specific times—for example, on release from prison, if they have a child, or if they lose a tenancy. In Committee, we spent some time considering whether making a personal adviser available on request was adequate to meet the needs of these young people, and whether if support were once declined there would be subsequent access to it. We recognise that no care leaver should feel that they cannot receive support between the ages of 21 and 25 because they had perhaps indicated at an earlier stage that it was not needed. In light of that, I am proposing amendments to Clause 3(7) to expressly clarify that local authorities must proactively offer support to every care leaver at least every 12 months. I trust noble Lords will welcome these amendments.
The Deputy Speaker (Lord Brougham and Vaux) (Con)
I should advise the House that if Amendment 18, is agreed to I cannot call Amendment 19 due to pre-emption.
Lord Ramsbotham
My Lords, I rise to move Amendments 17 and 19. The purpose of Amendment 17 is both to ask to ask the Minister to clarify the intention behind subsection 3(b) of new Section 23CZB and to highlight a potential loophole which could risk local authorities opting out of their duties to former relevant children. It would appear that the intention behind that subsection is to enable a local authority to cancel the appointment of a personal adviser if at any time a former relevant child says that they no longer want one. However, the wording of the subsection is ambiguous. The phrase “if earlier” leaves open the possibility that a local authority might interpret it in a way that would enable it to refuse advice and support to a former relevant child who had previously said that they did not want a personal adviser but at a later stage requested advice and support. This opens another possible loophole of local authorities requesting that former relevant children sign a form on leaving care at 18 to say that they no longer need support. Would the Minister therefore be kind enough to clarify the Government’s intention and resolve any possible ambiguity in the wording of the legislation?
My Amendment 19 is made completely unnecessary by government Amendment 18, and so I propose not to press it.
Lord Nash
As I understand it, the noble Lord is asking us to clarify that when we say that care leavers will have the right to this every year, they will have the right to it every year and there is no way that local authorities can get out of it. That is our intention, and if it is not clear in the legislation then we will change it. I think I can give the noble Lord the assurance he needs: we do not think there should be any way that local authorities should invite an 18 year-old to contract out of this right.
Lord Ramsbotham
I do not wish to prolong this, but it is practitioners who have raised this question with me because they are unclear. Although young people have the right every year, it is an opportunity basis that they are considering.
The Lord Bishop of Chester
I thought the Minister was just making a clarification.
Lord Nash
I am sure that we can clarify this. I myself felt that the idea someone would have a one-off chance was not a good one. Therefore, as I said, the intention is that they will get a regular chance—at least every year—to change their mind if they have previously said no. I do not think we should allow any way for anybody to get out of that. I am happy to talk to the noble Lord, Lord Ramsbotham, outside the Chamber to clarify that. I am sure that we can resolve this.
“(7) Where a former relevant child to whom this section applies is not receiving advice and support under this section, the local authority must offer such advice and support—(a) as soon as possible after he or she reaches the age of 21, and(b) at least once in every 12 months.”
“(a) any person who has parental responsibility for the child,”
Lord Nash
My Lords, in Committee we promised the noble Lord, Lord Watson, that we would consider his amendment in Grand Committee to ensure that the current drafting of Clause 4 fully captures those with parental responsibility where the child has left care under special guardianship or child arrangements orders. Following further consideration, the Government have decided an amendment is necessary to Clause 4, and I am grateful to the noble Lord, Lord Watson, for bringing this to our attention—I am rather disappointed that he is not here to hear me say that, but I hope the noble Lord, Lord Hunt, will pass on my thanks.
The amendment will make it clear to local authorities in England that they must make advice and information available to any person who has parental responsibility for a previously looked-after child for the purpose of discharging their duty to promote their educational achievement. Unlike adoption, where only the adoptive parents have parental responsibility, parental responsibility in respect of children named in special guardianship and child arrangements orders may be shared with the child’s birth parent or parents. This amendment is therefore important to ensure that all those with parental responsibility are not excluded.
I would like also to speak to government Amendments 21, 24 and 27, which are technical amendments to Clauses 4 to 6 that will ensure that children who were previously looked after and adopted under the Adoption Act 1976 are also within the scope of the new duty on local authorities and schools to promote their educational achievement. These “older” children will be in secondary education, and they too should have access to the virtual school head and the designated teacher. I hope that noble Lords will accept these government amendments.
Before hearing what noble Lords have to say on other amendments, perhaps it would be helpful to noble Lords, and particularly to the noble Baroness, Lady King, if I say that the Government will table an amendment to the Bill in the other place to bring children adopted from care outside England within the scope of Clauses 4 to 6.
Baroness Walmsley (LD)
My Lords, it was my intention to speak to Amendments 22, 23, 25, 26 and 28 in my name and that of the noble Baroness, Lady King of Bow, and other noble Lords. However, I am delighted to hear what the Minister has just said. To explain to other noble Lords who may not be familiar with the effect of these amendments, I should say that they refer to the educational entitlements of children adopted from overseas to make them equal to those of children adopted from this country. I must declare an interest in this subject because I have a much-loved adopted Chinese granddaughter, although she would not benefit from these amendments since she and her family live abroad.
From a peak of 25,000 adoptions a year in the mid-1970s, the number of adoptions fell in England to only 3,000 in 2011. But the new focus on adoption of the previous Government and of the current Government has made a very big difference. The number of adoptions is going up again, and they are extremely resilient, as shown by a certain amount of research. Only 3% of them break down, which is less than those where children are put under special guardianship. In acknowledging the need for the numbers of adoptions to grow, the application has been made easier and shorter. However, before those reforms took place, many would-be adopters turned away by local authorities had to adopt internationally if they were to have a family, particularly if they wished to adopt an infant. A number of international adopters, including my son, would willingly have adopted in the UK but were turned away, sometimes because of their ethnicity.
There used to be a view that children adopted from abroad did not come from the care system in their country. That may have been the case some time ago but that has changed. Indeed, Martin Narey, who had previously claimed that that was so, has changed his mind in view of changes in all those countries. Most of the children come from care in the countries from which they are adopted. That means that they have exactly the same traumatic experiences that children adopted from care in this country have, and therefore they have exactly the same needs. Those children have already benefited from several elements of the adoption support fund, but until today they had not benefited from the educational advantages that were given to children adopted from this country. So I am delighted that the Minister has indicated in what he has just said that he has accepted that those children need the same advantages in education. We are talking about children who are all British nationals, all with a similar experience of neglect and abuse and all adopted from care. The only difference is that in some cases internationally adopted children might also have experienced deeply inadequate medical care and malnutrition in their country of birth, so actually they may be worse off than children adopted from care in this country.
The Minister suggested that amendments would be tabled when this Bill goes to another place, so I look forward to seeing that. That will remedy the fact that we have up to now condemned a very small number of British children who have suffered neglect and abuse to lives much less successful than they might have been. I hope that will now change. I thank the Minister and the noble Baroness, Lady King of Bow, for suggesting these amendments.
The Earl of Listowel
My Lords, I join in welcoming government Amendment 20, which seems to fill an important loophole. In passing, as I did not have an opportunity in the previous grouping, I also thank the Minister for his previous amendments, which are important and which we raised in Committee. As is so often the case, the Minister listens and takes action, and I am grateful to him when he does so, as he did earlier and in this case.
Lord Nash
My Lords, I thank noble Lords for their interventions on Amendments 22, 23, 25 and 26, which concern Clauses 4 to 6 about promoting the educational achievement of previously looked-after children. I am grateful to the noble Baronesses, Lady King and Lady Walmsley, and the noble Lord, Lord Alton of Liverpool, for these amendments, which would require local authorities and schools to also promote the educational achievement of children adopted from care outside England.
Government policy has been clearly focused on continuing to support very vulnerable children who were looked after by our care system before starting new lives through, for example, adoption. Making a commitment to continue to help them, and the wonderful parents and guardians who give them a secure and loving home, remains a top priority. Support to succeed in education is an important element of this because we know that there is an attainment gap to address.
I understand that some children adopted from outside England will have been in an equivalent form of care prior to adoption and that they, too, are vulnerable. This is in addition to moving to a new country and a new culture. The Government have acknowledged this by extending access to the adoption support fund to these children and their families so that they, too, can get access to much-needed therapeutic services. The Government would like to do more for these children and agree with noble Lords that extending the remit of Clauses 4 to 6 to require local authorities and schools to also promote their educational achievement would be a positive step.
There are, however, a number of important practicalities to consider: for example, how we define eligibility and how a parent proves eligibility. This is because there is much variation between the care systems of other countries. I hope that noble Lords will agree that it is important that we ensure that the eligibility criteria closely match the criteria for children in this country in order to come within the scope of Clauses 4 to 6. As I said, the Government will table a government amendment to this Bill in the other place to bring children adopted from care outside England within the scope of Clauses 4 to 6.
I am also grateful to noble Lords for their Amendment 28, which proposes a new clause to extend existing educational entitlements given to previously looked-after children in England to children adopted from care outside England. These entitlements include priority school admission in the early years and the pupil premium plus. None of these entitlements is provided for in primary legislation so it would not be appropriate to consider this amendment for inclusion in the Bill. The Government will, however, give full consideration to the position of these children when reviewing these policies.
Lord Warner
My Lords, my name is attached to Amendments 30, 31 and 34. I say to the noble Baroness, Lady King of Bow, that there have been Ministers in this House who have made concessions on the basis of the evidence before them; the noble Lord, Lord Nash, is not unique in this, although I am very grateful for the concessions he has made.
Let me start with Amendment 30. Going back in time to when I first became a director of social services in the mid-1980s, and having never, I have to confess, even been in a social services department in my life before, the very first briefing I was given by these luckless social workers who suddenly found that this strange man had been placed in charge of their department was on the importance of permanence and that if I did nothing else in my time as a director, I must promote planning for permanence. That has stuck with me as a big issue. The second briefing said: “You cannot rely on adoption to deliver permanence. Everybody likes to adopt babies and young children but you will find, oh dear director, that there are going to be a lot of children, from the age of 10 and moving into the teenage years, for whom you will have to plan for permanence, and adoption is not the issue”.
Any social worker starting out in their career over the last two or three years could be forgiven for thinking that the real answer to permanence is adoption. The points made by the noble Lord, Lord Hunt, are critical: if we believe in permanence as the aim of what we are trying to do—as we all do—we must not give any signals that longer-term fostering is not a perfectly valid option in planning for permanence. We must not delude ourselves, or allow ourselves to look as though we are deluding ourselves to the social work profession, that adoption is the only answer and that, somehow, longer-term fostering is an inferior option for permanence planning. So I hope that the Minister will think about that and what the impact of all this is on the profession, working day in, day out, on the front line trying to deal with and provide a more permanent solution for many of these children. We need an amendment of the kind that has been framed in Amendment 30 to restore the balance.
We discussed the issue in Amendment 31 pretty extensively in Committee. In those discussions I recall that the noble and learned Baroness, Lady Butler-Sloss, with all her experience in the family courts, said that all too often the voice of the child was absent from our legislation and court processes. She made much of that then, and there is an opportunity now, with Amendment 31—which, if I may say so to the Minister, is just five little words—to put clearly, fairly and squarely in the legislation an amendment that gives the voice of the child some recognition in the legislation. It will not cost the Government anything, so the easiest thing for the Minister to do shortly would be to stand up and say, “I accept Amendment 31”. He will then go out of this Chamber at the dinner break even more flushed with success and encouragement from the Members of your Lordships’ House. As the noble Baroness said on Amendment 34, this is a straightforward way of removing a disincentive to taking siblings into adoption. I am glad that the Minister is going to make a concession on that, but if he is in for one, why not go for a couple of others as well?
Lord Nash
My Lords, I shall speak to Amendments 30, 31 and 34, which concern the decision-making process about how a child becomes looked after and where they should be placed, and the state benefits which families of adopted children should be entitled to. There is also the matter of wishes and feelings. I am very sorry to disappoint the noble Lord, Lord Warner, but I understand that after very helpful discussions between the noble and learned Baroness, Lady Butler-Sloss, and my officials, she—or somebody on her behalf—plans not to move her Amendment 31. I believe she now recognises that it is not necessary, although my officials found the meeting with her extremely helpful. The child’s wishes and feelings are taken into account by local authorities when a child is looked after. This is a legal requirement under Section 22(4) of the Children Act 1989. When any decision is taken with respect to a child who is looked after, the local authority must ascertain their wishes and feelings.
Amendment 30, tabled by the noble Lords, Lord Watson, Lord Hunt and Lord Warner, proposes new wording for the permanence provisions of care plans in the context of care proceedings. As I stated in Committee in response to such an amendment, I recognise the concern that adoption should not be seen as more important than other long-term placement options. In answer to the point raised by the noble Lord, Lord Hunt, I can state clearly that there is no intention to create a hierarchy here between placement options. We want all children in care, or entering care, to find placements that provide stability and suit them. This is what we mean by permanence; there are different ways to achieve it for different children.
Clause 8 seeks to improve the decision-making process about where a child should be placed, whether that be adoption, with a special guardian, with foster parents or in a children’s home, by having particular regard to the child’s needs and how any placement options would meet those needs. The amendment seeks to explicitly set out in Section 31 of the 1989 Act a list of placement options, such as foster care. However, all placement options, including foster care, are already included within the current legal definition for permanence provisions. Section 22C of the Children Act 1989 and the accompanying statutory guidance set out clearly how all looked-after children, including children subject to care orders, are to be accommodated and maintained by local authorities. This includes a hierarchy of placements with parents, relatives, friends or other persons connected with the child, kinship foster placements with local authority foster carers and placements in children’s homes.
Local authorities and courts are very clear about what placement options they need to consider during care proceedings. Amendment 30 is therefore not necessary and would not add to the existing legislative framework. It would simply duplicate what is already set out elsewhere in the Children Act 1989, which is something that Governments always try to avoid. As the noble Lord, Lord Hunt, said, Section 22C clearly says that foster care is an option set out for local authorities and courts to consider, and this includes long-term foster care. Local authorities and courts understand this, and I am advised that no one is confused in practice on the issue. On that basis, I hope the noble Lord will feel able to withdraw his amendment.
Amendment 34, tabled by the noble Baroness, Lady King, and the noble Lord, Lord Warner, proposes a new clause so that child-related benefits would be payable to adopted children regardless of any limit on the number of children to whom those benefits are usually payable. As noble Lords will know, the Welfare Reform and Work Act 2016 legislated for the child element in child tax credit and universal credit to be limited to two children from April 2017. I was delighted to announce in my letter to noble Lords on 11 October that where a family adopts a child from local authority care and this increases the number of children in the family to three or more, all third or subsequent adopted children will attract the child element of either tax or universal credit. This will be provided for, along with the other exemptions, in regulations and is good news for families who come forward and give a loving home to some of our most vulnerable children. It represents another example of the Government’s ongoing commitment to support these children and their families.
I am grateful to the noble Baroness, Lady King, for her kind words. As the noble Lord, Lord Warner, said, I may not be unique in listening to rational arguments but I may be unique in being incapable of resisting the noble Baroness’s charms and the powers of her arguments. I am sure that we will all miss her and I wish her and her family all the best in California. I hope that it will not be long before we see her back on those Benches.
Amendment 32 would simply ensure that Clause 9 will now apply to adoption agencies in Wales, whereas the previous draft of this provision applied to courts in England and Wales and adoption agencies in England. It will also mean that the provision of the new duty will come into force at the same time in England and Wales. The department has agreement from the Welsh Government to lay this amendment, in anticipation of the Assembly scrutinising the required memorandum before agreeing a legislative consent Motion.
In conclusion on all the amendments that have been discussed, I hope the noble Lords, Lord Ramsbotham, Lord Watson, Lord Hunt and Lord Warner, will feel reassured enough to withdraw or not press their amendments, and that the House will support the Government’s amendment.
Lord Hunt of Kings Heath
My Lords, I am grateful to the Minister and join him in congratulating my noble friend Lady King on her new adventure, if I may put it that way. I also congratulate her on her success in persuading the noble Lord to change policy, which is very welcome indeed.
On Amendment 30, I hear what the Minister says about the technical arguments, which I hope are reassuring. He clearly said that there is no intention to create a hierarchy of care, which is very welcome. He also said that he thought that no one in practice at field level is confused. I do not disagree at all with the emphasis that the Government have given to improving adoption procedures, but there is a possibility that practitioners may feel that fostering is no longer seen as an equal option. The guidance that will be issued by his department when the Bill is enacted will no doubt give an opportunity to make that point. I am very grateful for the response and beg leave to withdraw my amendment.
“In section 1(4) of the Adoption and Children Act 2002 (matters to which court is to have regard in coming to a decision relating to the adoption of a child), in paragraph (f) (relationships), after “relatives,” in the first place it occurs, insert “with any person who is a prospective adopter with whom the child is placed,”.”
Children and Social Work Bill [HL]
Lord Nash Excerpts(8 years, 8 months ago)
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The Earl of Listowel (CB)
My Lords, I have a question about the data on outcomes. In the recent care leavers strategy, it was published that 90% of care leavers up to the age of 21 are in satisfactory accommodation. But the data that that was based on suggested that 81% were in satisfactory accommodation. Will the Minister take that away and get back to me to explain why those outcome measures seem not to agree with each other? I hope that that is clear enough.
The Parliamentary Under-Secretary of State, Department for Education (Lord Nash) (Con)
My Lords, I would like to thank noble Lords for these amendments. I will speak about each one in turn, commencing with Amendment 33, which would prohibit profit-making in children’s social services functions, and then Amendment 35, which would put a duty on local government to report on several outcomes for vulnerable children and for the Secretary of State to publish an annual report on these outcomes.
I recognise that profit-making in children’s social care is a sensitive issue, and I entirely understand noble Lords’ desire to ensure that legislation is clear on this point. We believe that it is. There is already a clear legislative restriction on the outsourcing of children’s social care functions in the 2014 relevant care functions regulations. There are also restrictions on profit-making by adoption agencies through the fact that the Adoption and Children Act 2002 allows an adoption service to be operated only by a local authority or an organisation that is not carried on for profit. These restrictions as they stand in secondary legislation have exactly the same force as they would in primary legislation. Any attempt to remove them would need to be debated in both Houses. Therefore, although I entirely understand the intention, I do not think it is necessary to move this to primary legislation.
The noble Lord, Lord Warner, referred to the LaingBuisson event—an ideas-generating event exploring new approaches to service delivery. As he said, concerns were raised about profit-making in child protection, and these are reflected in the 2014 regulations to which I have already referred.
I understand, however, that there is some concern about whether Clause 29, the power to test new ways of working, could be used to reopen this matter. I have therefore tabled a government amendment that will explicitly rule out using Clause 29 for profit-making. This was never the intention behind the clause, but by including this amendment I hope to put the point beyond doubt.
On Amendment 35, the Government are committed to understanding what drives successful outcomes for vulnerable children. It is critically important that we collect data from local authorities and others to steer evidence-based and effective policy-making. The Government have already placed a duty on local authorities under Section 83 of the Children Act 1989 to provide information to the Secretary of State on their performance on a wide range of children’s social care functions, including on vulnerable children and care leavers. The Department for Education already publishes annual reports on the outcomes for vulnerable children, including their educational attainment and levels of absence and exclusion from schooling. For looked-after children, we also collect information from local authorities on offending, substance misuse, healthcare, and emotional and behavioural health. For care leavers, we publish information on their accommodation—
Lord Watson of Invergowrie
I welcome the information that the Minister has given us about the Children Act. However, can he say whether any of the headings listed in Amendment 35 appear in that legislation and whether any of them are reported on as things stand under that legislation?
Lord Nash
I will check that and come back to the noble Lord, either today or in writing.
For care leavers, we publish information on their accommodation and its suitability, as well as information on their participation in the labour market. Statistics are published annually.
As with national data, it is essential that local authorities collect the data they need at a local level to offer bespoke services to their communities. We know that many local authorities are making great progress on their data analysis capabilities. Noble Lords may be interested in looking at the Association of Directors of Children’s Services report, Pillars & Foundations: Next Practice in Children’s Services. The Department for Education is exploring ways of improving data collection on the experiences and outcomes for vulnerable children. Last year, for the very first time, we published factors identified by social workers in assessments of children, including parental and child risk factors. This helps us to understand the risk factors that are likely to lead to social work intervention with families.
I recognise that there is more we can do to make better use of data. Putting Children First, published in July, sets out the programme of work we are following to improve our data. We want to ensure that our data collections are focused on the most useful information without placing unnecessary burdens on local authorities. We are working with local government and with Ofsted to align different data requests and avoid duplication.
We also recognise that data collected by other departments or agencies offer the potential to gain a fuller understanding of the outcomes achieved by vulnerable young people. We plan to identify opportunities across government to align and analyse different data collections to understand trends and to target resources effectively. We are already working with HMRC, the Department for Work and Pensions and the Ministry of Justice. The Department for Education will soon run its first children’s services omnibus survey, which will include questions on children’s social care to gather information from senior leaders and managers in local authorities. This biannual survey will run initially for two years, enabling us to collect data to track changes. We expect the first results to be available in early 2017.
On the point raised by the noble Earl, Lord Listowel, I will write to him on that matter. I will also write to the noble Lord, Lord Watson, on the point that he raised.
I hope that the noble Lords, having heard that I am tabling a government amendment around profit-making and of the existing legal requirements and planned activity to report on outcomes for vulnerable children, will withdraw or not press their amendments.
Lord Watson of Invergowrie
I thank the Minister and look forward to receiving his letter. I note what he says about further legislation on profit-making not being necessary. As I have moved the amendment on behalf of the noble Lord, Lord Ramsbotham, I should just say that he asked whether the Minister would meet with him in advance of Third Reading. As the Minister is nodding, I take it that he accepts, so that is welcome.
The noble Lord, Lord Warner, mentioned the LaingBuisson report. The Minister may recall that I recently asked a Written Question on when the report was going to be published, and his response was something like “in due course”. It would be helpful if we could have it published before we return for day 2 of Report, which is nearly a month away. That would perhaps give us the ability to have a fuller debate. I think it is there; it just has not been published. If the Minister could push that along, that would be helpful.
I note what the Minister says about collecting data and that leading to evidence-based policy, which is something that I very much agree with. In terms of the information collected already, he seemed to suggest that the means were already there for the information mentioned in the amendment to be collected. When his letter is received, I will see whether that is the case. At the moment, there is still concern. Given the changes in this Act, and moving forward not least after today on mental health, we would like to see something measured as a benchmark against which we can measure progress. I am also interested to hear about the children’s services omnibus survey, and I think that will be widely welcomed. I look forward to the outcomes of that in a year’s time. On the basis of the Minister’s responses, I beg leave to withdraw the amendment.
Lord Nash
My Lords, I shall speak to Amendments 36, 39, 42, 45 and 48. Amendments 36, 39 and 42 relate to Clause 12, regarding the Child Safeguarding Practice Review Panel.
The Delegated Powers and Regulatory Reform Committee noted that the Bill sets out the functions of the new panel through a combination of provisions in the Bill and arrangements. The committee’s view was that the proposed use of such arrangements constitutes the delegation of a legislative power. As I noted in Committee, I agreed with the committee’s arguments, and these amendments reflect its recommendation that the arrangements should instead be set out in regulations, which are subject to affirmative parliamentary scrutiny. I hope that noble Lords will welcome these amendments, which provide for robust parliamentary scrutiny.
Amendments 45 and 48 amend the regulation-making powers referenced in Clauses 15 and 17. In setting up their local safeguarding arrangements, safeguarding partners are required to consider which agencies they may need to work with and how they organise themselves most effectively to safeguard and promote the welfare of children. The regulation-making power in Section 16E(3) of Clause 15 provides for the Secretary of State to specify the relevant agencies that exercise functions in relation to the welfare of children and with whom the safeguarding partners need to consider working.
The Government have considered the Delegated Powers and Regulatory Reform Committee’s report and recommendations. The report recommended that the relevant agencies should be named in the Children and Social Work Bill, rather than in regulations brought forward by the Secretary of State. Our view is that the relevant agencies should not be listed in the Bill. In order to allow for arrangements to be fully tailored to the specific needs and circumstances of each local area, we need safeguarding partners to know that they have flexibility and discretion. Specifying relevant agencies in primary legislation would not adequately signal this.
However, we are bringing forward Amendment 45 to provide that the regulations made by the Secretary of State that specify the relevant agencies will be subject to the affirmative procedure. The draft regulations will therefore be considered in both Houses of Parliament, which I hope noble Lords will welcome. Furthermore, as promised to the DPRRC, an indicative list of relevant agencies has been provided to noble Lords, on which I would very much welcome noble Lords’ comments.
Section 16G(6) inserted by Clause 17 sets out that regulations can provide for enforcement of the duty imposed in Section 16G(4) by the Secretary of State. This would occur only where the Secretary of State considers there to be no other appropriate means of enforcing that duty.
Amendment 48 states that the regulation-making powers of the Secretary of State introduced by Section 16G(6) to enable the enforcement of the duties imposed by Section 16G(4), cannot “create criminal offences”. Again, this was set out in response to the DPRRC. I beg to move.
“( ) The purpose of a review under subsection (1)(b) is to identify any improvements that should be made by safeguarding partners or others to safeguard and promote the welfare of children.”
Lord Nash
My Lords, I shall speak to Amendments 37, 38, 41, 46 and 47.
These relatively minor refinements, through Amendments 38 and 47, to the terminology used provide greater specificity and focus to the clauses. The Government believe that this will more precisely clarify the overall purpose of the new local and national reviews. Clauses 12 and 20 refine and strengthen the description of the purpose of local and national reviews, to be conducted by the Child Safeguarding Practice Review Panel and the safeguarding partners respectively. Amendments 38 and 47 provide more specific detail around what should be published following those reviews, where it might be inappropriate to publish the full review. The amended wording states that the purpose of a review should be to identify,
“improvements that should be made”,
rather than,
“to ascertain what lessons … can be learned”.
Amendment 37 relates to the national child safeguarding practice reviews, and requires the identification of improvements that the safeguarding partners should make to improve safeguarding and promoting the welfare of children, following the review. Amendment 46 relates to the local child safeguarding practice reviews, and requires the identification of improvements that persons in the local area should make to improve safeguarding and promoting the welfare of children, following the review.
We have listened to noble Lords’ comments in Committee, and heard consistently that reviews of incidents of serious harm to, or death of, children should focus on what can be done to reduce the chances that such incidents will be repeated. We therefore feel that it is necessary to step away from the broad language of “lessons learned”, which all too often has focused on what went wrong and who is to blame, rather than focusing on why things went wrong, and what can be improved to reduce these incidents in the future. Amendments 38 and 47 are linked to this.
In the unlikely event that it is deemed not to be appropriate to publish the full child safeguarding practice review following an incident, Clauses 12 and 16 require the panel and safeguarding partners for national and local reviews respectively to publish certain information about the case. Amendments 38 and 47 specify that the information published, in the absence of the full report, should relate to the,
“improvements that should be made”,
rather than the “lessons to be learned”.
Amendment 41 adds to new Section 16B(9), inserted by Clause 12, a definition of who the safeguarding partners are. This is necessary as Amendment 37 introduces the safeguarding partners into new Section 16B(2). I beg to move.
Lord Hunt of Kings Heath
My Lords, I think we should welcome this and thank the Minister for listening to what was said in Committee. I take it that in setting out an improvement agenda, which is to be welcomed, the Government will, of course, draw on lessons that will have been learned from cases that have gone wrong. As I understand it, these should be used in a non-punitive way, as much more a learning experience.
Lord Hunt of Kings Heath
My Lords, clearly there are huge constitutional issues around the independence of the judiciary and there would be a very strong view in your Lordships’ House of the need to protect at all costs that independence in the judgments they make. Equally, what we would like from the Minister is some assurance that, in the generality of judicial actions in this area, there is at least some work in relation to lessons to be learned. The change in the wording from “lessons learned” to “improvement” reinforces the case that the impact of judicial decisions must surely be considered as part of a general improvement agenda, without in any way seeking to interfere in the role of the judiciary and, of course, its judicial independence.
Lord Nash
My Lords, I am grateful to the noble Lord, Lord Warner, for this amendment and for the important issue that he has raised. As noble Lords will recall, in Grand Committee he raised the role of the judiciary in serious cases involving children, with particular reference to the tragic case of Ellie Butler. I have since written to him further on this matter, as he said. Noble Lords will also recall that, in the Butler case, Ellie’s father had his conviction for grievous bodily harm in relation to injuries suffered by Ellie overturned by the Court of Appeal. Later, a finding of fact judgment, which took place as part of care proceedings, was also overturned. That led to the return of Ellie and her sibling to the care of her parents, a process overseen by an independent social work agency under instruction from the court, as the noble Lord, Lord Warner, has said. Tragically, within a year of being returned to her parents, Ellie was murdered by her father.
No one can fail to have been moved by the circumstances of that case, and it is understandable that queries have been raised about the impact of judicial decisions in particular cases, and the role of the judiciary in the serious case review process more generally. However, as the noble Lord, Lord Hunt, has mentioned, the judiciary is independent and, for constitutional reasons, it cannot and should not be held to account by the current serious case review process, or, in future, by the Child Safeguarding Practice Review Panel. This does not mean that there is no process for responding to decisions made by judges—which may be appealed at the time. Alternatively, if there is concern about a judge’s conduct, a complaint may be made to the Judicial Conduct Investigations Office.
I appreciate the noble Lord’s concern—which he has also put in writing to me— about the potential impact of judicial decision-making on the ability of local authorities to discharge their statutory functions. I agree that this may be a matter which reviews carried out on behalf of the panel could highlight. The noble Lord will appreciate that, through this Bill, it will be the role of the Child Safeguarding Practice Review Panel to identify serious child safeguarding cases that raise issues which are complex or of national importance and to supervise the production and publication of reviews. The panel will certainly be concerned to make recommendations, through its reviews, as to what improvements should be made by safeguarding partners or others in respect of the safeguarding and welfare of children. Where such recommendations relate to, or could relate to, judicial practice, the Department for Education will continue to work closely with colleagues from the Ministry of Justice to communicate these recommendations to the judiciary, so that the judiciary can consider what, if any, impact there should be on judicial practice. Judicial practice does, of course, remain a matter for the judiciary itself.
It is not that the panel cannot review and make recommendations; it can. It just cannot direct the judiciary, although we will work with it to make sure that lessons are conveyed. Given the panel’s remit and concerns that have been expressed regarding the need for the panel to be independent of the Government, I do not feel that it would be appropriate to include guidance from the Secretary of State to the panel on this issue. The panel must be free to set its own terms of reference for individual reviews, and I would expect this to include consideration of how a local authority has discharged its safeguarding responsibilities under all circumstances—or if, indeed, it had had difficulty in discharging them for whatever reason. Indeed, this consideration would also apply to all other agencies and could be a significant finding in a review leading to improved practice across the country. However, as each case will be different, general guidance to address what will be a case-by-case consideration is not likely to be beneficial or practicable.
On whether independent social workers are regulated, I assure the noble Lord that all social workers are professionally regulated. In view of this, I hope that he will be reassured about the scope of the panel’s functions, including the need for the panel to be able to treat each situation on a case-by-case basis and make the recommendations it sees fit, and therefore will feel able to withdraw the amendment.
Lord Warner
I am partially reassured. The Minister mentioned appeals, but they can take a very long time, and there is a very good chance that Ellie would have been dead before an appeal was heard in her case.
There is another constitutional issue, which is that judges should not be able to change the law. In this case, the judge changed the law and inhibited the local authority in discharging its statutory safeguarding duties. I ask the Minister to think a bit more about this and to look at the guidance in Working Together to Safeguard Children because it is not consistent with what he has said today. I beg to leave to withdraw the amendment.
““safeguarding partners” means persons who, under section 16E, are safeguarding partners in relation to one or more local authority areas in England (see subsection (3) of that section);”
“(1) Where a local authority in England knows or suspects that a child has been abused or neglected, the local authority must notify the Child Safeguarding Practice Review Panel if—(a) the child dies or is seriously harmed in the local authority’s area, or(b) while normally resident in the local authority’s area, the child dies or is seriously harmed outside England.”
Lord Nash
My Lords, I shall speak first to Amendments 43 and 44, which concern changes to Clause 13. These changes remove the duty on local authorities to notify the Child Safeguarding Practice Review Panel of deaths of children in regulated settings and of looked-after children. Under the original wording of the clause, notifications would have been required irrespective of whether these children had been abused or neglected. I assure noble Lords that this in no way weakens the scope of the panel’s powers. All cases where the local authority knows of or suspects abuse or neglect, including of looked-after children and of children in regulated settings, such as children’s homes and secure institutions, must still be notified to the panel under the general duty to notify cases of death or serious harm. These amendments will mean that cases for which the panel has no specific remit should not be notified.
The addition of a new notification criterion under new Section 16C(1)(b) clarifies that it is the responsibility of the local authority where the child is normally resident to notify when a child dies or is seriously harmed while outside England and when abuse or neglect is known or suspected. This responsibility to notify when the child dies or is seriously harmed while outside England will provide local authorities with clear accountability for notifying such events.
I should stress that “outside England” includes where the incidents occur in the devolved Administrations as well as overseas. I should also stress that local authorities will be obliged to notify only incidents of which they are aware and which they know or suspect meet the criteria. The provision will enable the panel to consider potentially serious events that occur outside England. The amendment also makes clear which local authority is responsible for notifying relevant events that take place within England. By making the local authority in which an incident occurs responsible for the notification, it is more likely that incidents will be notified swiftly.
Amendment 44 is a technical change in response to changes made by Amendment 43. The removal of paragraph (d) of new Section 16C(1) means that the requirement for regulated settings to be given a meaning in regulations is redundant.
I shall speak also to Amendments 49, 50 and 51, concerning child death reviews. Amendment 49 provides further clarification of the scope of the child death review arrangements. It will explicitly enable child death review partners to review the death of a child not normally resident in their local area in order to ensure that improvements can be made, especially in the area where the death occurred. Amendment 50 is a minor technical amendment to allow for the introduction of Amendment 49. Amendment 51 sharpens the terminology of what should be reviewed and analysed by child death review partners by making it clear that they should review the death or deaths relevant to the welfare of children in the area or to public health and safety.
Clarifying the powers of the child death review partners to enable them to review the deaths of children not normally resident in the area will increase the opportunities for improvements in learning with regard to child deaths. For example, if a child normally resident out of the country dies as a result of an accident in a play area in an English local area, it is currently unlikely that the learning from that death will be disseminated to the local area in which the child died. We want to improve the opportunities for local areas to identify what more can be done to reduce the risks of any child dying, whether or not they are normally resident in the relevant local area. These amendments will clarify the responsibilities of child death review partners to do this where they consider it appropriate. I beg to move.
Baroness Wheeler (Lab)
My Lords, I thank the Minister for his introduction to this group of amendments and I will be brief. As we stated in Committee, we broadly welcome the section on the child death reviews, and now these amendments that address the outstanding issues and concerns that were raised. In particular, we note the Government’s response in Amendments 43 and 44 to the Delegated Powers and Regulatory Reform Committee’s concerns in its first report on the Bill that the Bill should contain a definition of the regulated settings in which a child death would trigger a notification to the safeguarding practice review panel. The committee rightly underlined that the definition of regulated settings would be fundamental in determining the scope of a local authority’s duty to provide information about cases to the panel.
The Minister, in his response letter of 11 October to the committee, and now in Amendment 43, has, in our view rightly, come to the conclusion that a broader definition under Clause 13 of notification by local authorities to the panel of a child’s death or of serious harm should also apply to looked-after children and children in any other regulated setting. Amendment 44 therefore removes the reference to regulated settings from the Bill, and we welcome this.
Amendment 49 enables child death review partners to review child deaths taking place in an area where children are not normally resident. We welcome this, too, in addition to the related powers that they will have to seek and analyse information related to such cases. The Wood review into the role and functions of local safeguarding children’s boards and children’s deaths overview panels highlighted the substantial problems in gathering and analysing data on child deaths. This proposal, combined with the general obligations that will be imposed with regard to gathering, providing and reporting will, I hope, begin to address this important issue.
“( ) In section 66(3) of that Act (regulations subject to affirmative procedure) after “16B,” (inserted by section 12) insert “16E(3)”.”
“( ) The purpose of a review under subsection (1)(b) is to identify any improvements that should be made by persons in the area to safeguard and promote the welfare of children.”
“(1A) The child death review partners may also, if they consider it appropriate, make arrangements for the review of a death in their area of a child not normally resident there.(1B) The child death review partners must make arrangements for the analysis of information about deaths reviewed under this section.”
Grammar Schools
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Lord Scriven
To ask Her Majesty’s Government what evidence they have that grammar schools improve the educational attainment of areas where they are established.
The Parliamentary Under-Secretary of State, Department for Education (Lord Nash) (Con)
My Lords, exam data show that grammar schools achieve good results for pupils attending them. As set out in our consultation document, Schools that Work for Everyone, some studies suggest that there may be an association with poorer educational consequences for pupils not attending selective schools in areas where selection is allowed. In contrast, research from the Sutton Trust found no adverse effects of existing grammar schools on GCSE results for pupils in other schools.
Lord Scriven (LD)
I thank the Minister for that very well-crafted Answer. The vast majority of studies, apart from three, show that there is no overall attainment and actually all that happens is a distributive effect, where those who go to grammar schools improve and those who do not—the majority—have slightly worse educational attainment. Given that three or four times more people who sit the 11-plus fail it than succeed at it, that grammar schools tend to attract the highest-graded teachers and that this distributive effect takes place, what evidence is there that the consultation paper ideas that the Government have put forward will deal with these systematic failures that fail so many young people in the grammar school system based on selective education?
Lord Nash
The existing evidence is based on the system as it currently works, which is old technology and has undoubtedly resulted in binary choices in cases. We want to develop some new technology that embraces the selective system to result in a benefit to the whole education system.
Lord Framlingham (Con)
My Lords, does the Minister agree with me that there is a grave danger of this House being as out of step with the country on grammar schools as it was on Brexit? The majority of people in the country understand the huge value of grammar schools—
Lord Framlingham
Noble Lords are making my point. The majority of people in the country are happy to see grammar schools reintroduced.
Baroness Whitaker
My apologies for inadvertently attempting to pre-empt the noble Lord’s interesting and relevant question, but can the Minister tell us in what way a system set up to reject a majority of children will serve the interest of a modern labour market and the needs and potential of individual students?
Lord Nash
Again, the noble Baroness is referring to an old system, where indeed parents and pupils may have had a binary choice between a highly performing grammar school and a very poor secondary modern. Now they may have a choice between a highly performing grammar school and a highly performing academy, which may well suit that pupil better. We believe that if we have a system where all selective schools, including existing selective schools, are required to engage in a wider system of support, we may well be able in certain circumstances to develop technology which works for the benefit of all pupils.
Lord Jopling (Con)
My Lords, the Minister has said that he would like a wide choice of educational opportunity. Is it not astonishing that the recent White Paper makes no reference whatever to the remarkable work which my noble friend Lord Baker has been pursuing in establishing schools which concentrate on high technology?
Lord Watson of Invergowrie (Lab)
Yesterday, in answer to yet another Question about grammar schools, the Minister stated that early years is so important. So why is it that a highly contentious and hugely socially divisive new policy on grammar schools can appear as if from nowhere in the form of a consultation document within two months of the Prime Minister taking office, yet a consultation document promised on children’s Sure Start centres last year still has no publication date, a fact confirmed by the Minister to my noble friend Lord Beecham in a Written Answer this week? The consultation document refers to £50 million being given over for grammar schools. Given the breadth of his remit, will the Minister commit now to fight within his department for a similar amount of funding for Sure Start centres, because they make such a difference to the lives of so many children born into disadvantaged families?
Lord Nash
As I said yesterday, I entirely agree with the noble Lord about the importance of early years—I think we all recognise that. That is why it is so pleasing to see so many academy groups opening nurseries. There have been a number of mergers and some closures of Sure Start centres, but the number of pupils attending them has remained fairly constant and the evidence is that they are doing well. Of course, this Government have invested heavily in early years childcare.
Lord Addington (LD)
My Lords, will the Minister bear in mind that the 11-plus was based on what is now regarded as faked information about 11 being the correct age at which to assess? It is regarded as particularly unfortunate for most boys. If we are going down the selection route, could we not follow the example of public schools in pushing the age back by a couple of years?
Lord Nash
As I said, we are working to develop systems which are much fairer and less easy to prepare for, and we believe that under the new system pupils may well be able to move streams or even schools at a later age. I entirely agree that the common entrance exam is a first-class exam taken at 13.
Grammar Schools
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The Parliamentary Under-Secretary of State, Department for Education (Lord Nash) (Con)
My Lords, this Government are dedicated to making Britain a country that works for everyone, not just the privileged few. Every child should have a good school place. On Monday, the Secretary of State for Education launched our consultation on how we bring greater choice and stronger capacity into the education system. Allowing both new selective schools and more expansion of existing selective schools in return for fairer access for low-income families is part of that consultation.
Lord Bird (CB)
I thank the Minister for his comments and observations. Is the Minister aware that a large part of the business of this House is about the 20% to 30% of children who fail at school and fail their exams? Their concerns are always being kicked around in the House and being decided on—whether it is to do with law and order, prison, homelessness or the crisis of poverty. Is the Minister aware of the need to transfer some of the eggs from the grammar school basket to the children-in-need basket—the children who do not get a proper education and come out of school at the end of their time and you would never know that they have been to school?
Lord Nash
First, I pay tribute to the great work that the noble Lord has done over many years with the Big Issue and in helping the homeless and many other people. I am very much aware of the points the noble Lord makes, having taken the Children and Families Bill, the Childcare Bill and now the Children and Social Work Bill through your Lordships’ House. We want our education system to deliver for everyone. We have been very much focused on more disadvantaged pupils, with our pupil premium and our sponsored academies programme. We are now seeing 350,000 more children in sponsored academies that are rated good or outstanding—schools which previously were generally performing very badly. Sponsored academies do particularly well for pupils on free school meals and at narrowing the gap. However, there is more to do, which is why we have launched our consultation.
Lord Storey (LD)
My Lords, the Minister frequently—and movingly—talks about his own in involvement in education and the establishment of the Pimlico Academy. How would he feel if a grammar school was to park its tank on his community? Would that not be socially divisive and would it not have a major impact on the schooling of all children in the Pimlico area?
Lord Nash
The noble Lord raises an extremely good question. We are surrounded in Pimlico by a lot of schools that, in one way or the other, partly because they are independent, are selective. But through our reforms, we are determined to see the selective sector—all selective schools, including existing ones—engage much more widely with the system, focusing particularly on lower-income households, so that we can help drive a school system that works for everyone.
Lord Knight of Weymouth (Lab)
Parents in this country are spending an estimated £4 billion to £7 billion a year on private tuition for their children. I declare my interest in respect of my employment at TES. What is the Minister’s estimate of how much that private tuition bill will go up for those anxious parents and of how many teachers will be displaced from the classroom in order to pursue that lucrative business opportunity?
Lord Nash
I am fully aware that tutoring is a thriving business, and I know that many of these tutoring firms provide tutors pro bono to comprehensive schools—in fact, we have such a programme in my own schools. We are working with the Grammar School Heads Association to devise tests which are much more difficult to tutor for. As for the last question, I am not going to predict the answer to that.
Lord Mackay of Clashfern (Con)
My Lords, the word “ability” is used in the Question. Does that include, for example, manual dexterity and artistic skill?
Baroness Farrington of Ribbleton (Lab)
Would the Minister accept that all serious education research—from Midwinter in Liverpool, to Head Start in America, to Sure Start—shows that detailed intervention with very young children is the best way of helping disadvantaged children? I accept the Government are doing more about childcare, but that does not solve the problem of disadvantaged children. When will the Minister accept that these children need detailed help from a very early age?
Lord Nash
I entirely agree with the noble Baroness that early years is so important. That is why we have seen so many people who started life in the secondary sector moving into the primary sector, and many of them are now moving into the nursery sector. I am delighted that since we started allowing, as of this round, free school applications to include applications for nurseries, a third of applications have included them.
Lord Lansley (Con)
My Lords, would my noble friend agree that it is at least as important for parents to be able to select the right school for their child as it is for schools to be able to select pupils?
Baroness Watkins of Tavistock (CB)
My Lords, it is very clear that the Government want to provide the best education that they can to the majority of pupils. The idea that people should be able to enter selective education at 11, 14 and 16 is to be welcomed. However, in the very best academies, in which we have all been investing, that is exactly what is happening. People can be streamed across, depending on their particular skills: some are not particularly good at science but brilliant at the arts and English, and vice versa. I fail to understand the need for a sudden acceleration of grammar schools rather than an investment in that kind of excellent free school and academy.
Lord Nash
I entirely agree with the noble Baroness about setting and streaming. I know the chief inspector is a great supporter of that. Within multi-academy trusts and groups of schools, that is so much more possible. It is important that we identify late developers. However, we believe that under our proposals, by putting more requirements on all selective schools, we can create a system that has a much wider benefit for all schools.
Schools
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The Parliamentary Under-Secretary of State, Department for Education (Lord Nash)
My Lords, with the leave of the House, I will now repeat a Statement made in the other place earlier today by my right honourable friend the Secretary of State for Education. The Statement is as follows:
“With permission, Mr Speaker, I would like to make a Statement on the Government’s consultation published today, Schools that Work for Everyone, copies of which I have placed in the Libraries of both Houses.
As my right honourable friend the Prime Minister has said, this Government are putting the interests of ordinary working-class people first. We want this country to be truly meritocratic, where what matters most is a person’s individual talent and their capacity for hard work. So we need to build a schools system that works for everyone, not just the privileged few. The various proposals set out today in this consultation document all drive towards one simple goal: increasing the number of good school places.
Over the last six years we have made great strides forward, with over 1.4 million more children in “good” or “outstanding” schools than in 2010. The flagship academies programme has unlocked the potential in our schools. This Government are committed to helping all schools enjoy academy status freedoms and school-led system improvement through multiacademy trusts.
The reforms carried out by my right honourable friends the Member for Surrey Heath and the Member for Loughborough have had a transformational effect on education in this country. Now we need to build on the Educational Excellence Everywhere White Paper—our dedication to good teachers in every school, world-class qualifications and reforming school funding—and put an end to the underperformance that still exists in pockets throughout the country.
We need radically to expand the number of good school places available to all families, not just those who can afford to move into the catchment areas of the best state schools, pay for private education, or those belonging to certain faiths. We need to give all schools with a strong track record, experience and valuable expertise the incentives to expand their offer to even more pupils, driving up standards and giving parents greater choice and control. We have sought to do this already, for example, through university technical colleges and specialist subject schools.
The reality is that demand for school places only continues to grow. But too many children still do not have access to a good or outstanding school—in some areas as many as 50% do not have one locally. In fact 1.25 million children attend schools which are not good or outstanding, in spite of all the progress that has been made, and that is unacceptable.
The Government make sure that schools have the resources to help the children most in need, for example through the pupil premium, and, of course, that will continue. But the Prime Minister is right when she says that disadvantage can be hidden in this country—it is not just about those children who receive free school meals. We have to come up with a broader definition and look at the ordinary working-class families, just managing to get by, who are too often forgotten about.
This consultation deliberately asks big, open questions about the future of education in this country. The plans set out in Schools that Work for Everyone focus on how we can unlock four existing parts of the educational community so that they can have a bigger impact for all children. First are the independent schools that give wealthier parents the option of an outstanding education for their children, often sending a high proportion to the best universities and guaranteeing access to the best career outcomes. Many of these schools already make a contribution to the state sector. Some even sponsor or run schools. While we recognise that work, we want independent schools to do more, so we want stronger, more demanding public benefit tests for independent schools to retain the benefits associated with charitable status. We want independent schools to offer more places to those less able to afford them and to sponsor or set up schools in the state sector. For smaller schools we will look at a proportionate approach, and are seeking views on how they can make their facilities available to state schools and share their teaching expertise.
Secondly, our world-class universities need funding in order to maintain that status and, under this Government’s approach on access agreements, we have made sure that steady investment is available while at the same time made sure that university is not out of reach for disadvantaged people. We want the huge talent base in our universities to do more to widen participation and help more children to reach their full potential. We therefore want universities to open or sponsor schools in exchange for the right to raise their fees. This will ensure they are not just pulling in the most qualified applicants, some of whom might have had an educational head start, but increasing the number of students with the GCSE and A-level grades that open doors to degree courses.
Thirdly, when we talk about selection in this country we have to acknowledge that we now have selection by house price for those able to buy houses in the catchment areas of the best schools. We know that selective schools are in high demand, as are specialist art, music and sports schools. Selective schools are good for pupils, particularly the most disadvantaged ones who attend them, and yet for most children the chance to go to a selective school simply does not exist. We want to look again at selective schools and how they can open up excellent places to more children, particularly the most disadvantaged. We will therefore look at how we can relax the rules on expanding selective schools, allow new ones to open and non-selective schools to become selective where there is a demand. At the same time, we have to challenge ourselves and selective schools to raise attainment more broadly.
It is really important that I am clear about how we will ensure that all schools improve. We do not want to see a return to the old binary system of good schools and bad schools. Every child deserves a place in a great school, That is not just what they deserve, it is what our country deserves. What is clear is that selection should be part of the debate on how we make sure that the right number of places exists. Selective schools will be expected to guarantee places for children from disadvantaged backgrounds, and far from tainting the standards of education in the schools around them, we will explore ways for selective schools to share their expertise. We want them to raise standards in every part of the schools system, for example by opening excellent feeder primary schools or by sponsoring local non-selective schools.
Finally, let me turn to faith schools. I am sure that many colleagues will have children who go to high-quality faith schools. The current rules to promote inclusion mean that when new faith free schools are oversubscribed, they have to limit the number of pupils they admit on the basis of faith to 50%. This has not worked to combat segregation and acts as a barrier to some faiths in opening new schools. We want to remove the barrier so that new places can be created, but at the same time consult on more effective ways to ensure that all new faith free schools are truly inclusive. We will look at new requirements on the proposers of free schools to demonstrate that they are attracting applications from other faiths, to establish twinning arrangements with schools not of their faith, consider sponsoring underperforming non-faith schools and bring members of other faiths and none on to their governing bodies.
The Government want to build on the progress made over the past six years and make the schools system truly fit for purpose in the 21st century. Schools that Work for Everyone is about engaging with as many views as possible so we can design policies that make the most of the expertise we already have and widen access to good and outstanding school places for all. We on this side of the House believe in building a true meritocracy. We think that every child deserves a school place that will best serve their individual talents, not limited by where they live or how much their parents earn. There is so much potential in our country and the talent base needs us to ask the big questions, leaving no stone unturned, so that we can build a schools system that truly works for everyone”.
I commend this Statement to the House.
Baroness Pinnock (LD)
My Lords, I thank the Minister for repeating the Statement but regret to say that it appears no more than a dog-whistle response by the Conservatives to the current state of the nation. How much easier it is to throw up the idea of more grammar schools than to concentrate on the real difficulties facing many working people across the country. There can be no other explanation for this situation. Earlier this year, we spent much time in this House debating and then enacting the Education and Adoption Act, which aimed to improve the quality of education in our schools through the academies route. Some of us did not support entirely the aims of that Bill, but certainly we could understand why the Government were pursuing that. Presumably, all that is now jettisoned so that we can have grammar schools brought back.
One thing on which we can agree on this side is that all children need, deserve and have a right to the opportunity of a good school. Given the figures that the Minister repeated this afternoon of more than 1 million children not having education in a good school, it seems to be a failure of this Government not to have addressed that earlier.
I will focus my comments on the proposals for introducing more grammar schools. One reason given is that it gives parents more choice. I cannot see, where schools are in the position to do the choosing, that parents have any choice. That is the whole problem of selection by test or examination: the school does the choosing. There is no way that we on this side can support that.
The second argument in support of bringing back a failed education policy from the 1950s and 1960s is that it will help children from deprived areas. At the same time it is argued that we currently have selection by house price. Apparently, this new proposal is to help children in working-class families. However, such families do not have a problem with selection by house price because most of them are in rented accommodation or in poor parts of the country where house prices are not an issue.
Thirdly, I have always thought that we ought to base our education policy on evidence. All the research over all the years, and currently, points to the fact that selection at 11 fails hundreds—thousands—of children. For the 80% of children who go into the non-grammar schools, but even for many of those who attend grammar schools, the statistics and evidence show that they do not necessarily thrive. I do not see how the Government propose to make the case for grammar schools based on evidence. I would have more faith in what they were doing if, instead of saying that they wanted to promote more selection, they said that they were actually going to promote more secondary modern schools, because that is precisely what they are doing. They are going to write off the 80% who are not going to get through the 11-plus—or whatever new test they have devised—and at 11 those children will feel that they are failures. No one who cares about children will be able to support such a divisive approach.
In conclusion, I am astonished that the Government have come forward with this proposal and we on this side will vigorously oppose it.
Lord Nash
My Lords, I note the criticism of our plans by the noble Lord, Lord Watson, but I do not believe I have heard any plans at all from the Opposition Benches recently in relation to education. I would be very interested to hear their thoughts. We have only just made this consultation document available so it is completely understandable that people have not had a chance to read it; it is quite long. In answer to his point about academies, paragraph 13 on page 7 says:
“These proposals complement our wider approach to school improvement and our drive to build capacity in the system through multi-academy trusts. It remains the Government’s ambition that all schools ultimately benefit from the autonomy and freedom to innovate and to meet the needs of their community that academy status brings, and we will be supporting schools to make this transition”.
As far as the timescale is concerned, as I have said before in this House on this matter, we intend to have a thorough consultation. We are asking for an open debate and when we have analysed the responses, of which I am sure there will be many, we will reflect and design the precise details of our plans and bring them forward to your Lordships’ House in due course. We believe that it will be possible to enact our plans in a way that benefits the wider school system as a whole.
With regard to the points made by the noble Baroness, Lady Pinnock, about house prices and rental accommodation, I am afraid she lost me. I do not really follow the argument so I think we had better have a private conversation about that. I would be interested to understand that better.
Baroness Morris of Yardley (Lab)
My Lords, the Minister will know from both his role and his close involvement in academies in London that London is the highest-performing region in our country and the best place to be poor if you want to go to a high-status university. Will the Minister explain what lessons the Government took from the success of London that led them to focus on more selective and grammar schools as a way of giving more opportunities to working-class children?
Lord Nash
The noble Baroness is absolutely right. London has been a great success story. It started under the Labour Government with the London Challenge and their academies programme, which we have sought to continue. Of course, there are quite a few schools in London that are selective in one way or another. It is also fair to say that it is much easier to attract teachers in London than in many of the areas of the country where we see these underperforming schools. Although there are many lessons to be learned from London, there are still many coastal towns and former mining villages in this country that seem to have struggled, partly because of intergenerational unemployment and partly because they struggle to attract really good teachers. It is those kinds of issues that we are really keen to focus on.
Lord Nash
My Lords, I fully recognise the contribution that independent schools make to our school system by reducing the cost to the taxpayer and providing wider support to our state system. I know, for instance, that independent schools provide more than £700 million a year in bursaryships and subsidised funding to their pupils. From my own experience, I was for many years a trustee at the Eastside Young Leaders’ Academy in Newham, where at any time we look after up to 100 black boys—and now, I am glad to say, some girls—who are on the edge of exclusion from school. We have now sent 90 scholars, as we call them, on full bursaryships to schools such as Rugby and many others, so I have seen the benefits that this has had. I am also aware of the many school partnerships that take place between the independent and state sectors—an excellent one being King’s College School, Wimbledon, where the pupils themselves visit primary schools on a Friday.
The Government funded the Schools Together website last year, which has more than 1,000 examples of co-operation between the independent and state sectors. We have also funded 20 independent/state school partnerships between those sectors, particularly to help the subjects being taught in primary schools. There is no doubt that many independent schools already provide a great deal of help but we feel that, in some cases, there is more that they can do. We need to encourage that to happen, so where schools have the capacity and capability to do so, we will ask them to sponsor or set up new schools, or to offer a certain proportion of places as funded bursaries, on which some may well qualify already. Where they are smaller schools, we will obviously look for a proportionate response but will still look to them to engage more widely with the state school system.
Baroness Taylor of Bolton (Lab)
My Lords, the Minister has on several occasions mentioned disadvantaged children and disadvantaged families. Does he accept that the most disadvantaged children are from those families where the parents are not motivated and have no educational drive for their children? Even when entering school at the age of five, those children are well behind the rest of their cohort. Would it not be far better if the Government gave far more attention to early years education, rather than coming up with silly plans like this?
Lord Nash
I agree with the noble Baroness that the early years are very important and that sadly many parents do not engage as well as they could with the school system on behalf of their children. To me, that is why we should be very focused on primary schools. One of the things that we have said is that selective or independent schools may be able to help with primary education. Everybody gets so fixated on GCSE results but in fact the work, as we all know, has to be done in primaries. The depressing statistic is that if you do not get your required level 4 when leaving your primary school—your pass mark, effectively—then you have only a 7% chance of getting five good GCSEs.
Lord O'Shaughnessy (Con)
My Lords, I welcome the Government’s commitment to a meritocratic society and to increasing the number of good school places. My noble friend will know that the Government are veering into contested territory with this Green Paper, so can he confirm two things? First, will the Government consent to an increase in academic selection only if they are totally confident that the evidence shows that it will increase and spread the number of good school places? Secondly, following any increase in academic selection, will the DfE evaluate the impact of these changes on the schools system to ensure that social mobility has indeed been improved?
Lord Addington (LD)
My Lords, does the Minister agree that if you are to get people ready for selection you must have done some groundwork by making sure that they are properly taught? Will he give some assurance, given Stephen Munday’s review and the Carter report, that special educational needs will be properly covered and implemented in all teacher training, particularly if a pupil is going up for a selection process? They will otherwise be guaranteeing that anybody with a hidden special educational need is at a massive disadvantage. This will also run counter to a lot of law. Can we make sure that it happens?
Baroness Farrington of Ribbleton (Lab)
My Lords, does the Minister accept that in the Statement there are many descriptions of the problem but few of the answers? In terms of 11-plus selection, during the passage of the legislation, will he cite exactly how any relevant study justifies selection? In fact, it is not selection at the age of 11; it is rejection for the overwhelming majority of children. Attainment is being judged. The noble Lord referred to special educational needs. Yes, regard will be given to children with statemented special educational needs, but not to others. What about summer-born children who may have had a full year less than their age group by the time they reach the age of 11? Early years education was a foundation on which to build, particularly for children from deprived, working-class communities. Are the Government going to back that in future and extend it? The Minister is falling for a cheap trick by the Prime Minister. He professes to be concerned that all children should be able to reach EBacc. Now the evidence we see is based on 20%—or is it 25% or 30%?—getting through and the others being rejected.
Lord Nash
As I have said, we believe it should be possible to design plans that would benefit the wider system. We are working with the Grammar School Heads Association on a test at 11 that will be much more difficult to coach and prepare for. The noble Baroness made an extremely good point on summer-born children. This is something we are looking at very closely. I have just taken over responsibility for admissions, and I am looking at this extremely closely. On early years, over the past few years, we have invested significant sums in widening access to childcare for parents, particularly the less advantaged. On the EBacc, our ambition is not that all children should take the EBacc; we fully understand that there will be some for whom it is not appropriate, but we see no reason why a target of 90% taking it, if not necessarily passing it, is not achievable. We are seeing that many schools that formerly had single figures for pupils taking EBacc are now achieving 70% or 80% of pupils studying these subjects quite happily.
Lord Howell of Guildford (Con)
My Lords, is it not a bit silly and outdated nowadays to depict the academic educational route to a career as in some way superior to the route through high technology and technical skills? Is it not the case that you can find the path to achievement and high success through either route and that the old idea that one is failure and one is success belongs to a past century? Does the Minister also agree that if every child and their parents are to have the choice of going down the route that suits them best on the road to the top—the road to success—it demands not merely expanded grammar schools, which is good, but a comprehensive and complete pattern of very high-quality high-technology schools and vocational schools that will enable children with that inclination to achieve and succeed just as much as if they had been to a grammar school?
Lord Nash
I entirely agree with my noble friend’s point that the academic and the vocational routes should be equally valued. All pupils should have a basic grounding in academic subjects such as English, maths, science et cetera, but there is no doubt that we need to do more to improve vocational education in this country.
Lord Howarth of Newport (Lab)
My Lords, at a time when, surely, the great challenge for political leadership is to unify a country which the Brexit vote exposed as being deeply divided by age, class, region, skills, income and wealth, the Prime Minister is insisting on introducing this most divisive of policies. The Government say that their concern is for ordinary, working-class people. Will the Minister acknowledge that the evidence we have indicates that although the policy could be beneficial to some of the 20% of children who may have the aptitude to qualify for grammar school education, it will clearly be to the detriment of other schools in areas where the new grammar schools are established or existing grammar schools are expanded, and to the detriment of the interests of the 80% of the nation’s children who will not go to a grammar school?
Lord Nash
I invite the noble Lord to read the consultation document carefully. There are some very well thought out plans there as to how we believe we can ensure that this has a much wider benefit, particularly for less advantaged pupils. Just because something has not worked in the past does not mean that something with the same kind of principles cannot work in the future. We are determined, as I have said, not to go back to the previous, binary divide.
Lord Forsyth of Drumlean
My Lords, I hope my noble friend will forgive me, in view of my noble friend Lord Naseby’s injunction that this is an English matter, when I point out that when I left office as Secretary of State for Scotland in 1997, the number of children of school leaving age getting five decent passes was about 10% higher than in England. Today, it is the other way round. That is because of the reforms that have been brought in by a Conservative Government, which have been opposed by the parties opposite every step of the way. Does my noble friend not think that there is something quite bizarre about people wanting to make it against the law to have selection for intake into state schools when many of them, such as the former Deputy Prime Minister, benefited from expensive, highly selective schools giving them an excellent education themselves? Will my noble friend press ahead with these reforms and ignore the parties opposite, some of whose members wish to pull the ladder up after them?
Lord Nash
I am grateful for my noble friend’s support for our policies, which have been very successful. We have created 600,000 new school places and have plans to create another 600,000. We have doubled the number of pupils passing the EBacc, we have many more competent young readers as a result of our phonics programmes and we have many more pupils leaving primary school with the necessary literacy and numeracy skills to help them achieve in secondary schools. I am delighted that my noble friend has pointed this out. Our record on this is pretty good, and I invite all noble Lords to look at our plans with an open mind. This is of course a consultation, and we welcome all contributions.
Lord Newby (LD)
My Lords, the Minister has said that it is already more difficult to recruit good teachers outside London. Will his proposals today not exacerbate that problem for schools outside London that are not grammar schools, because the status of those schools in those areas will be further diminished—just as they were when we had secondary modern schools? How is he going to increase the quality of teaching for those poorer pupils in poorer-performing schools outside London which will not be grammar schools?
Lord Nash
The noble Lord is quite right to point out the difficulty of recruiting teachers in some areas. Teach First, which has been a very successful programme, has recruited 1,441 applicants, the majority of whom will be going outside London. It is having quite a lot of success at sending young teachers into certain locations such as coastal towns, particularly when they are sent together so that they feel part of a group. It is very important that they are placed in schools that welcome them and where they have good career development opportunities such as, in particular, in multiacademy trusts, where there are obviously much greater career development opportunities than in single schools. We also have plans, through the National Teaching Service, to send more teachers to what we call “cold spots”.
Baroness Bakewell (Lab)
My Lords, does the Minister acknowledge, when he speaks of the great support there is for an increase in grammar schools, that most parents who support them do so in the belief that their own children will get in? How will he deal with the disappointment of the parents whose children fail?
Lord Nash
The noble Baroness makes a good point about what has happened in the past. But, as I said, we believe that although this happened in the past, if we have the strong requirements on the opening or extension of selection that we set out in our consultation document, which is to have wider access to more disadvantaged pupils and to support the wider school system, we can devise proposals that will benefit the wider system.
Lord Lingfield (Con)
My Lords, noble Lords will know that independent schools that are charities receive certain fiscal advantages for so doing. Will those schools that would like to do so, and certain have indicated to me that they would, be able to opt out of charitable status and therefore demit the 3% or 4% of their income that they would lose by doing that?
Lord Grocott (Lab)
My Lords, I heard the Prime Minister say—this is repeated in the Statement—that there is to be no return to the “binary system”. I put it to the Minister that there is nothing more demonstrably binary than saying to 11 year-old children and their families, “About 20% of you will go to a selective school and 80% will have failed to do so”. Is the cat not let out of the bag by the sentence in the Statement that says of selective schools, once they are established:
“We want them to raise standards in every part of the schools system … by sponsoring local non-selective schools”?
So you try to get your child into a selective school but they fail the exam; however, you then find that the selective school, out of the kindness of its heart, will give a bit of assistance to the second-division school down the road containing the 80% of pupils who failed to get in.
Lord Nash
Again, the noble Lord is harking back to the days when the choice was between a very high-performing grammar school and a secondary modern that might quite possibly not have entered many of its pupils for any exams at all. We have moved a long way since then. The choice might now be between a grammar school and a highly performing academy that might be more appropriate for that particular child—so I do not think the choice is binary at all.