Children and Social Work Bill [HL]
Lord Nash Excerpts(8 years, 5 months ago)
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Lord Watson of Invergowrie (Lab)
My Lords, when I first studied the raft of amendments tabled to this important Bill it seemed likely that we would have a high quality of debate and of argument. Certainly, what we have heard in the last 36 minutes bears that out. I thank the noble Baroness, Lady Howe, for moving the amendment. I shall speak to Amendment 7 in my name and that of my noble friend Lord Hunt.
Some noble Lords may have been present in the Chamber about an hour ago when the Minister responded to a Question on care leavers and my noble friend Lady Kennedy of The Shaws asked—I paraphrase her remark—what life had come to when we had to have corporate parents. I certainly echo the view that it is unfortunate that there has to be such a term, but the Minister answered the point well when he established that the term “in loco parentis” is very important in these situations. I believe that corporate parents have a duty to do no less for children in their care than do birth parents for their children. That is a very important role indeed—perhaps one of the most important roles of a local authority. I know from experience that elected councillors take their responsibility in this regard very seriously. Corporate parenting should mean the full and active involvement of the formal and local partnerships needed between local authority departments and services and associated agencies responsible for working together to meet the needs of looked-after children and young people as well as care leavers. Recognising that different component parts each have a contribution to make is critical to success.
One challenge of being a good corporate parent is to help each individual child. In many cases it is not recognised that every child is an individual. Often the only thing that they have in common is that life has not been easy for them and that perhaps at some stage a local authority or a court has decided that compulsory intervention was necessary. The noble Lord, Lord Ramsbotham, also made the important point that whenever possible, corporate parents should prevent children coming into contact with youth justice. The Government have recognised many of these sentiments in the seven corporate parenting principles outlined in Clause 1, but principles must reflect duties established by existing legislation and it seems that, in some instances, the principles in Clause 1 actually confer fewer responsibilities on local authorities than currently exist in social care legislation.
I sit somewhat in awe when I hear noble and learned Members of your Lordships’ House pronounce on legal matters, and I would not for one moment seek to question them, so I was very pleased when the noble and learned Lord, Lord Mackay of Clashfern, talked about the “having regard to” in Amendment 7, to which I am speaking. If I picked him up correctly, he said at one stage that it would be difficult if a local authority decided to set aside those responsibilities in full. I would be more concerned if there were situations where a local authority concluded—there could be reasons many why—that it could not or would not meet those responsibilities in full. Anything less than that would potentially steer that local authority into difficult waters in terms of the service it was providing as a corporate parent.
I am not going to comment on the detailed legal principle of that, but there seems to be further ground to be tilled in that respect. I am sure that we shall do that and perhaps the Minister can respond, having taken appropriate advice. Just talking about “having regard to” seems rather weak. That is why I hope the Government will recognise that Amendment 7 is put forward in a positive and constructive manner. It seeks to strengthen the Bill and the support provided by making it a requirement that local authorities must ensure that these principles are met in full.
There were other notable contributions, in particular that of my noble friend Lady Armstrong, who talked from experience not just in her own working life but as a Minister in this important sector. I would be very concerned if there were situations where, as she suggested, corporate parenting was used as an excuse for not trying to achieve what should in many cases be the desired outcome: settling the child with his or her family, if that is at all possible. When children and young people become looked after, it is essential from the outset that there is robust and flexible planning for their future. Certainly stability is crucial to a child’s development and happiness, as the noble Baroness, Lady Walmsley, said. The system should support stability through minimising moves and seeking permanent solutions wherever possible.
For that reason, I believe that the wording in Clause 1 needs to be strengthened in order to demonstrate that we all want our children and young people to have successful and productive lives—and, to ensure that that happens, that we will provide the services and support in every form which will help them succeed, particularly when they have problems to overcome. The amendments in this group offer considerable opportunities to contribute to that and I would not take issue with any of them. I hope that the Minister will respond in a positive manner.
The Parliamentary Under-Secretary of State, Department for Education (Lord Nash) (Con)
My Lords, I am grateful to the noble Baronesses, Lady Howe, Lady Walmsley and Lady Pinnock, and to the noble Lords, Lord Ramsbotham, Lord Bichard, Lord Hunt and Lord Watson, for their amendments relating to the corporate parenting principle set out in Clause 1. The noble Lord, Lord Ramsbotham, commented on timing and I can assure him that the usual channels, as he so comprehensively described them, will be made aware of his point.
In designing the seven principles, the Government have set out the key decisions that young people tell us are of fundamental importance to being a good corporate parent. Given their importance, it is absolutely right that we should debate the principles to ensure that when they are enacted, they do what is intended—namely, to change the culture within local authorities so that they take into account the needs of looked-after children and care leavers when discharging their functions.
At the outset, I want to be clear that the Government intend that the corporate parenting principles will have a life beyond the statute book. My honourable friend the Minister for Children and Families tells me that he wants every social worker, housing chief, leaving care adviser and council leader to have those principles on the wall of his or her office. He wants them to be discussed at council meetings, at looked-after children review meetings, and by foster carers when they talk to their children’s teachers. In short, he wants to drive a culture of good corporate parenting across the whole local authority and not just through the children’s services team. We cannot change culture through legislation alone, but we can legislate to influence how people talk about their responsibilities and how they discharge those responsibilities in relation to looked-after children and care leavers.
Baroness Walmsley
My Lords, just before the noble Baroness, Lady Howe, replies, the Minister mentioned on several occasions the 1989 Act, which has a very strong and clear set of principles and duties in it. The Minister has heard from many noble Lords that we feel that the way in which Clause 1 is worded is nowhere near as strong. Does the Minister agree that it is not as strong as in the 1989 Act? Which set of duties has supremacy? To have the duty on Clause 1 worded in a much weaker way than in the 1989 Act can benefit only lawyers; it introduces confusion.
Lord Nash
With respect to the lawyers present—including myself from many years ago—I will not comment on the last point. We are trying to set out principles and not put local authorities under any more duties than necessary or into any kind of straitjacket. But the noble Baroness makes a point about a number of duties and we will go back and look at this in more detail.
The Earl of Listowel
I thank the noble Lord for answering my point about siblings. I look forward to the debate on the amendments. I also thank him for his clear reply to the important point made by the noble Baroness, Lady Armstrong of Hill Top. He said that the care plan process must involve parents. However, the experience so often is that parents do not get the help they need with their addictions or mental health support. So I hope that the noble Baroness will consider bringing back an amendment on this on Report. In the interim, I look forward to having discussions with colleagues to get their advice on whether anything more can be done to ensure parents get the support they need.
Lord Nash
My Lords, Clause 1 introduces for the first time seven principles to which local authorities must have regard whenever they exercise their functions in relation to looked-after children and care leavers. The principles are applicable to all local authorities in England and they apply to all parts of the local authority, not just children’s services. These principles are important because they create an overarching framework to guide everyone, not just social care teams, in all local authorities in the way that they carry out their key functions in relation to looked-after children and care leavers.
The noble Lords, Lord Ramsbotham, Lord Watson and Lord Hunt, and the noble Baroness, Lady Tyler, seek to apply these principles additionally to the “relevant partners” of local authorities, as defined by Section 10 of the Children Act 2004, so that they, too, would have to have regard to them. In particular, there is a desire to ensure that health and housing bodies must have regard to the principles in exercising their functions. The noble Earl, Lord Listowel, has sought to apply these principles to other organisations, including central government, and to the United Kingdom as a whole.
Let me first respond to Amendments 3 and 31A. These would require every government department in England, Scotland, Wales and Northern Ireland to have regard to the corporate parenting principles. They would require government departments in these countries to have regard to any guidance issued by the Secretary of State for Education in respect of the corporate parenting principles which are placed on English local authorities only.
The reason Clause 1 seeks to apply the principles in law only to local authorities in England is that it is they that are corporate parents for looked-after children and care leavers in England. It is the local authorities in England, and not central government departments, that are charged with carrying out functions in relation to looked-after children and care leavers, such that they are the corporate parents of those children and young people.
The clause does not extend to other parts of the United Kingdom. So even if we wished to apply the principles to central government departments, I expect that the devolved Administrations, which have their own legislative frameworks determining the arrangements for looked-after children and care leavers, would have something to say about that.
The noble Lord, Lord Watson, made a point about corporate parenting principles being applied widely, as in Scotland. The Children and Young People (Scotland) Act 2014 applied corporate parenting to 24 bodies. It has been in force for only a year and so it is a bit early to say what its impact will be.
Lord Watson of Invergowrie
I was just suggesting that that should be looked at and that lessons could be learned.
Lord Nash
The noble Lord makes a good point: we should look at it and see what lessons can be learned, as Scotland is at least a year ahead of us on this.
To focus on England, we absolutely acknowledge that there is a role for central government—but it is a different role. Central government departments are not the corporate parents of the children taken into care or accommodated by local authorities. The role of government is to set the broader policy framework.
That is not to say that government departments across Whitehall do not recognise that looked-after children and care leavers need more support and assistance. That is why, if we take health services as an example, the NHS Constitution for England makes clear the responsibilities of clinical commissioning groups and NHS England to looked-after children and, by extension, care leavers. It is also why looked-after children are mentioned specifically in the mandate to NHS England.
The noble Baroness, Lady Tyler, made a point about CAMHS not being willing to treat children not in a stable placement. Child and adolescent mental health services should treat children according to level of need, irrespective of the stability of their placements. The expert group set up to look at care pathways for looked-after children will specifically address this point, with a view to ensuring that access to treatment is according to clinical need and in line with existing statutory guidance.
There are other examples where central government in England has championed looked-after children and care leavers. That is why they now attract pupil premium at a rate of £1,900 per pupil—higher than for other eligible pupils. That is why they also get priority in school admission arrangements.
In 2013, the first cross-government Care Leaver Strategy was published. It recognised the need to work coherently across government to address the needs of care leavers in the round. As a result, a number of changes were made, including measures to better identify care leavers so that they got tailored support—for instance, through the introduction of a “marker” by Jobcentre Plus so that care leavers could be identified and offered additional help. This work continues. We are now working on a refreshed strategy, and have been working closely with seven other government departments in England. The development of the strategy, which will be published shortly, has the backing of the Social Justice Cabinet Committee.
Amendments 36 and 37 seek to require government departments to publish information about services that will help care leavers prepare for adulthood and independent living. As with Clause 1, Clause 2 is about local authority services. The local offer is a manifestation of what it means for each local authority to be a good corporate parent. I agree that central government has responsibilities to looked-after children and care leavers alongside local government. The work we have been doing with each government department at both ministerial level and involving senior officials meeting regularly to discuss what more can be done to support care leavers at the level of national policy represents a significant step forward in increasing the understanding of and commitment to care leavers across Whitehall. Guidance of course is incredibly useful and we shall be consulting fully on what the guidance on corporate parenting should include. But although—quite rightly—central government can and is setting the framework for good corporate parenting, the biggest impact on the lives of looked-after children and care leavers will be made at local level.
We have not extended the principles beyond local authorities in England because it is their duty to both looked-after children and care leavers—and I am grateful to the noble Baroness, Lady Scott of Bybrook, for her remarks in this regard. These principles will guide local authorities in how they should exercise their existing functions and duties in relation to these vulnerable children and young people. As I have said, through these high-level principles we want to embed a corporate parenting culture across the whole local authority.
I recognise that looked-after children and care leavers need more support and assistance from a variety of public bodies. They will need to be able to make best use of services provided by other bodies, including clinical commissioning groups, NHS England, schools, housing and sometimes youth offending teams. That is why the fourth principle sets out a requirement to have regard to the need to help looked-after children and care leavers gain access to and make best use of services provided by the local authority and its relevant partners.
Of course, one could seek to apply these principles to a whole range of other public bodies. However, I believe that in doing so we would risk creating an overly bureaucratic tick-box approach that would do little to improve the life chances of looked-after children and care leavers. Instead, we need to embed a cultural shift. As I have said, the duty to co-operate with the relevant parties is already on the statute book in Section 10 of the Children Act 2004, where there is a duty to co-operate to improve the well-being of children and care leavers.
I emphasise that though we do not believe that extending the principles in law to other bodies is the way forward, we recognise that there is more to do to raise the awareness of these young people. Indeed, the consultation which local authorities will undertake with their local practitioners on developing the local offer being introduced under Clause 2 will ensure that access to NHS services and housing is inevitably brought into the process without the need for further prescription. To reinforce this, the department will also set out in statutory guidance how the corporate parenting principles should be applied in practice. Partnership working and commitment to care leavers is at the heart of the sea change that is needed to transform their lives.
Last month the Prime Minister signalled the Government’s intention to create a care-leaver covenant. This will provide a means through which public, private and voluntary sector organisations will be able to demonstrate how they support these young people and improve their lives. I would expect partners such as police and health bodies to consider how they can contribute to supporting care leavers. I also hope that many organisations in the private and voluntary sectors will commit to supporting young people leaving care through the care-leaver covenant.
I hope that noble Lords are reassured and that the noble Lord can be persuaded to withdraw his amendment.
Lord Warner
Can the Minister explain what part of Section 10 actually requires other agencies to co-operate? It looks to me as though Section 10 is all about combined authority functions, which is not the same as the point being made in this debate about other agencies. Can he also respond to the point that both the noble and learned Lord, Lord Mackay, and I made about looking at the Care Act to see the way in which the coalition Government took account of the need to require agencies to co-operate with the primary responsibility given to local authorities to deliver the health and well-being of people covered by the Act? We are asking the Minister to consider that and I did not hear anything in his speech that suggested he would take away the proposition that he should look at requiring a duty from these other agencies to co-operate with the local authority as the corporate parent.
Lord Ramsbotham
I am grateful to all noble Lords who have spoken. Many issues have come up during the course of the debate, not least those raised by the noble Lord, Lord Warner. I suspect that this subject will reoccur on Report and I hope very much that, unlike the period in the lead-up to Committee, it will be possible to have meetings with the Minister and his officials to discuss it. I suspect that at least the Local Government Association and local authorities will wish to be consulted on what actually appears in the Bill. So in the hope that that may happen—
Lord Ramsbotham
I am most grateful to the Minister. With that, I beg leave to withdraw the amendment.
Lord Watson of Invergowrie
My Lords, undoubtedly many telling points have been made on these wide-ranging amendments. I cannot offer my support for all of them, but I certainly can in respect of those tabled by my noble friend Lady Massey and the noble Baroness, Lady Tyler of Enfield, concerning mental health. My noble friend urged the promotion of mental health, something that we might imagine was not necessary but unfortunately it is. Current statutory guidance requires that children entering care should receive a physical health assessment by a trained clinician, yet mental health and emotional well-being are assessed only through a strengths and difficulties questionnaire. That is not an alternative to a full assessment conducted by someone with the appropriate qualifications in mental health, which should be instituted as a matter of urgency. The noble Baroness, Lady Tyler, sets it out clearly in her Amendment 87. This is not a new demand. I can recall asking for it on several occasions during our consideration last year of the Education and Adoption Bill, and I was not alone. Noble Lords from all sides of the House expressed the same call.
It is now well past the point when Ministers should get it, by which I mean the fact that 45% of children entering care have a diagnosable mental health condition. Their needs should be identified early and clearly. The noble Baroness, Lady Tyler, referred to the plans that form part of the implementation of Future in Mind, and I hope that I am quoting her accurately when she said that only 14% of children entering care receive proper mental health assessments despite the proposals in the document. I would suggest that the time for that situation to change dramatically is now long overdue. We missed the opportunity in last year’s legislation, so I hope that will not be allowed to happen again.
Lord Nash
My Lords, I shall speak to Amendments 10, 16, 17, 21 to 25, 28, 33 and 34, 80A and 81A, 84A and 87 regarding the promotion of the mental, physical, emotional and social health and well-being of looked-after children and care leavers, as well as their educational outcomes, along with the educational outcomes of children who leave care and return to their parents. I fully agree that promoting the mental health and social and emotional well-being of looked-after children and care leavers and promoting positive educational outcomes for these groups is critically important, and I shall deal with each of the amendments in turn.
I thank the noble Baroness, Lady Massey of Darwen, for her Amendment 10 and the noble Baroness, Lady Tyler, for her Amendment 34. The Government have made clear in Section 1 of the Health and Social Care Act 2012 that a comprehensive health service is one that addresses mental as well as physical illness. The Government’s intention is to ensure that the first corporate parenting principle, which refers to promoting the health and well-being of looked-after children and care leavers, is interpreted as covering both the physical and mental aspects. We think that this is clear in the Bill as currently drafted, but we will clarify the position in associated statutory guidance.
Baroness Tyler of Enfield
Given the strength of feeling that has been expressed on all sides about the mental health amendments in particular, would the Minister be prepared to agree to a meeting for those of us who tabled those amendments, and other Peers who have spoken with such passion on the subject, between now and Report?
The Earl of Listowel
Before the noble Baroness withdraws her amendment, I want to say how very pleased I was to hear that Dr Peter Fonagy, director of the Anna Freud Centre, an institution with such an illustrious history in the treatment of abused children, is being appointed to run a working group looking at how mental health professionals can better work with children in care. The Minister might consider taking to Dr Fonagy, at the beginning of his research, the concern about children’s homes. In his report in the 1990s, Choosing with Care, the noble Lord, Lord Warner, highlighted the fact that best and widespread practice on the continent had psychiatrists or relevant mental health professionals working in partnership with staff in children’s homes, as much to support staff as in meeting the mental health needs of these children. Only about half of our children’s homes have a connection with mental health professionals in that way.
This issue is so important. Although there has been progress in terms of the qualifications of staff in children’s homes, still we have a long way to go. They need the best mental health professionals supporting them. I would be most grateful if the Minister could flag that up to Dr Fonagy.
Baroness Lister of Burtersett
My Lords, I will speak briefly. Amendment 27 seems to underpin the other amendments with regard to protection against poverty and destitution. This is pivotal to the life chances of this particularly vulnerable group of young people. The Government’s own Care Leavers Strategy points out that when you do not have a supportive family to fall back on, particularly when having to meet the challenge of independent living at a much younger age than your peers, having access to timely financial help is crucial. Care leavers have told us that they often find it difficult to navigate services and work out what financial support they are entitled to, and we have heard how sometimes the financial support is not very much. I am not going to restate the case—and anyway the Minister may well have been briefed on this.
Amendment 48, which refers to income support and working tax credit, will be overtaken by events with the introduction of universal credit. For example, with regard to sanctions, the Children’s Society has suggested that under universal credit this group should be made subject to the work preparation requirement under Section 21 of the Welfare Reform Act 2012. That seems very reasonable to me.
The Minister himself referred earlier to one or two local authorities that provide exemption from council tax, when he was giving an example of how local authorities can support care leavers. I can only reiterate what has been said: this is so important that it cannot be left to the vagaries of local authority discretion. It has to be looked at again.
I hope that the Minister will be able to take away these practical suggestions for how local authorities and central government can support local authorities in their corporate parenting responsibilities. I realise that they sit in other government departments, so what would be helpful would be to have a commitment from the Minister today to take away these ideas and discuss them with his colleagues in the relevant departments, so that he can come back on Report. Possibly he could even hold informal discussions before then so that we might be able to make some progress on this set of eminently sensible suggestions.
Lord Nash
My Lords, I am grateful to the noble Baronesses, Lady Bakewell and Lady Howarth, the noble Earl, Lord Listowel, and the noble Lords, Lord Watson and Lord Hunt, for their amendments in this group, which focus on improving the life chances of children in care and care leavers and helping them to avoid poverty and debt. I share the concerns raised by noble Lords and can confirm that reducing poverty and debt will be one of the key themes in our forthcoming Care Leavers Strategy, which we plan to publish shortly.
Amendment 26, tabled by the noble Lords, Lord Watson and Lord Hunt, seeks to add a new corporate parenting principle to Clause 1 requiring local authorities to promote early intervention. I agree with the noble Lords that we should support measures that enable professionals to identify and intervene in cases where children are at risk of poor outcomes. We have launched a number of initiatives to encourage early intervention and have backed this up with increased funding, with government spending on early years and child care rising from £5 billion in 2015-16 to over £6 billion by 2019-20. Early intervention and support should benefit all children, not only looked-after children or those on the edge of care. Our plans for the early years demonstrate our clear commitment to universal services such as free childcare, alongside targeted support for the most vulnerable.
Amendment 27, tabled by the noble Baroness, also seeks to add an additional corporate parenting principle to Clause 1 which would require local authorities to have regard to the need to protect children in care and care leavers from poverty and destitution. We know that care leavers often face challenges with debt. We have heard from them that they worry about how they will be able to pay their rent and that they often feel they lack the relevant budgeting skills to be able to manage their money effectively. We have heard several examples of that today.
I recognise the importance of the issues raised by the noble Baroness. Care leavers already receive support to help them to manage their finances but all young people should receive financial education. I am pleased to confirm that we will include further information in the guidance that we plan to publish under Clause 1 on how, by working within the spirit of the corporate parenting principles, local authorities can help care leavers to avoid poverty and debt. We should cover in the local offers the importance of financial education and we will cover this in our guidance.
During the last Parliament we introduced junior ISAs and encouraged all local authorities to increase the leaving care grant, which care leavers can use to furnish their first home, to £2,000 or more, but we need to back that up with educating them on how to manage those monies. We also provide financial support to enable care leavers to access and participate in education, to which I referred earlier.
Turning to the amendment of the noble Earl, Lord Listowel, I understand that its effect would be to extend the category of persons eligible for income support to all care leavers up to the age of 25 and to extend the exemption to the local housing allowance shared accommodation rate from 22 to 25, when their entitlement to housing benefit is assessed. I have consulted with honourable and noble Members elsewhere in government about the noble Earl’s amendment to relax entitlement conditions for receipt of working tax credit for care leavers working at least 30 hours per week. It has been a condition of entitlement to the working tax credit since its introduction in April 2003 but, other than for individuals, including care leavers, who are responsible for a child or who are disabled, a person claiming working tax credit must be aged 25 or over and work at least 30 hours per week. There are already a number of existing provisions within the benefits system aimed at helping care leavers, and I would be happy to write to the noble Earl setting these out in more detail.
On the noble Earl’s suggested change to housing benefit, it is right to say that the rate of housing benefit to which care leavers are entitled changes when they reach the age of 22 and they move to the shared accommodation rate. However, as he will be aware, discretionary housing payments continue to be available via local authorities if additional financial help with housing costs is needed. The Government have already committed £870 million in discretionary housing payment funding over the next five years. Noble Lords will appreciate that this is a significant sum of money to help those who are vulnerable and require additional help with their housing costs.
The amendment tabled by the noble Baroness, Lady Howarth, supported by the noble Baroness, Lady Pinnock, would amend the Local Government Finance Act 1992 so as to disregard care leavers from liability for council tax up to the age of 25, ensuring that dwellings occupied solely by care leavers are exempt from council tax. This amendment would provide a blanket exemption for all care leavers under the age of 25 irrespective of their personal circumstances or their ability to pay. If we did so without taking their ability to pay into account, we could find that a lower income tax payer could be supporting a care leaver with a higher income. I am sure that is not the intention behind the amendment.
The Government have been clear that such decisions are much better taken at local level instead of mandating exemptions or discounts from the centre. We have given local councils wide powers to design council tax support schemes, including scope for discounts for particular groups of people. It is therefore a matter for local authorities, which must consult with local communities on their proposals. Concerning the corporate parenting principles, they would impact on all local authority functions, including those relating to council tax or housing, and the guidance will set out how local authorities must ensure that they take holistic decisions in relation to looked-after children and care leavers.
I turn now to Amendment 50, tabled by the noble Lords, Lord Watson and Lord Hunt, which would place a new duty on local authorities to provide suitable accommodation for all care leavers in their local authority area until the age of 21. There are already a range of measures in place that help young people secure suitable accommodation when they leave care. The government’s statutory guidance states that when a young person leaves their care placement the local authority must ensure that their new home is suitable for their needs and linked to their wider plans and aspirations.
I would expect a local authority’s leaving care team to work closely with housing services to help care leavers access supported lodgings or semi-independent accommodation—or, if they are ready, secure and maintain an independent tenancy. Where care leavers struggle to find and maintain accommodation, they have a priority need within the homelessness legislation until age 22, and they are also a priority group within statutory guidance on the allocation of social housing.
We have also introduced, as the noble Earl will be aware, Staying Put to enable young people to remain living with their foster carers where that is what they both want. This provides both suitable accommodation and the sort of gradual transition to adulthood that is enjoyed by the majority of young people. We want to maximise the number of young people who can stay put with their former foster carers and I am delighted—and I am sure that the noble Earl, Lord Listowel, will be pleased to hear—that for the year ending March 2015, almost half of those who were eligible to stay put did so.
The noble Lord, Lord Watson, raised the issue of Staying Put for those care leavers who have been placed in residential care. We are committed to helping all young people successfully move to adulthood but we would need strong evidence before introducing Staying Put on any alternative residential care. Sir Martin Narey’s independent review into children’s homes will set a direction for how we improve children’s experience of residential care, including transition to adulthood. We will publish this report shortly. We have also been trialling innovative approaches to providing care leavers with suitable accommodation. We are also keen to test new ways of supporting those who leave residential care and will set out our plans on this in the forthcoming Care Leaver Strategy.
Finally in this group I will respond to Amendment 80 tabled by the noble Baroness, Lady Howarth. The amendment would place a new duty on local authorities to appoint a person to make advice and information available to previously looked-after children with a view to improving their life chances. This Government share the noble Baroness’s belief that society should do all it can to ensure that a difficult start to a child’s life does not set them on an inevitable path to poor educational outcomes, homelessness or imprisonment. However, we do not consider that it is necessary or desirable to place a new burden on local authorities to appoint officers to support these children and young people.
There is a clear difference between this group of children and looked-after children or care leavers for whom the local authority is their corporate parent. These previously looked-after children will have parents or persons with parental responsibility who can provide a stable and loving family, support them to do well at school and provide extra help through the transition into adulthood and living independently. Most local authorities also already provide specific ongoing support for those who leave care under an adoption, special guardianship or child arrangement order. To help them in this role, we have already extended the adoption support fund to children who leave care under a special guardianship order. This is helping to ensure that their parents and local authorities are able to provide them with the therapeutic services they need to overcome their early disadvantage.
The noble Baroness, Lady Lister, asked me to take back these points and discuss them with my colleagues across government, which I will do, and, in view of the points that I have made, I hope that the noble Lords will feel sufficiently reassured to enable them to withdraw their amendment.
The Earl of Listowel
My Lords, I thank the Minister for his helpful replies. They give us plenty of food for thought. I am clear that he has given very careful thought to these issues and I am grateful to him for that. It was very encouraging to hear that half of those young people eligible for Staying Put have taken up the offer. Of course, we both want it to go further, but it is encouraging. Staying Put is a very important step forward. I am glad that the Minister is listening to young people in care. We talked about that earlier. Listening to young people with experience of Staying Put is a very salutary, encouraging experience.
There is a concern about ISAs. The Minister may correct me, but I think that they represent a large sum of money being given to very young people. There is a risk that they may not use it well and that they will not be supported in using it. There is also a concern about the sums given by local authorities to care leavers. Some social workers will insist on receipts and manage the money carefully while others will just give them the money. At best the young people may waste that money, but some may use it to their own detriment. Perhaps the Minister could write to me to clarify what support there is for young people leaving care to manage those sums well. I would much appreciate that. I also thank him for his response.
Children and Social Work Bill [HL]
Lord Nash Excerpts(8 years, 6 months ago)
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The Parliamentary Under-Secretary of State, Department for Education (Lord Nash) (Con)
My Lords, it is a privilege to open the Second Reading debate on the Children and Social Work Bill. I was delighted to see such a good turnout at the briefing held on Tuesday by the Minister for Children and Families, Edward Timpson, and me and to hear such positive comments from across the House. I am very grateful to all noble Lords who found the time to attend that meeting and who are present today. I should add that, in order to assist noble Lords, I have written to all those who attended that meeting and all noble Lords whose names are down to speak today detailing a further opportunity to meet officials from my department in order to discuss any aspect of this Bill. The meeting will take place tomorrow between 11.30 am and 1 pm in room W2 in Westminster Hall.
It goes without saying that this Bill is a high priority for the Government and reflects our firm commitment to offer the promise of a better future to children who have endured experiences and faced the kinds of challenges that most of us will never encounter. In fulfilling that commitment, it is important to note that the Bill before us is only part of a wider programme of measures to strengthen children’s services and improve the life chances of all children, especially the most vulnerable.
First, the Bill will ensure that the right practice systems are in place for making sure that children’s needs and interests are at the heart of local decision-making. It has a particular focus on those children who, for whatever reason and through no fault of their own, can no longer remain in their family home and need to be taken into the care of the state. While remaining true to the principles laid out in the Children Act 1989, the Bill will promote greater stability in those children’s upbringing and better support to improve their opportunities and outcomes.
Secondly, the Bill will strengthen local governance and accountability arrangements to help us understand the factors leading up to serious cases and inform policy and practice nationally, and so that local agencies can learn from this and improve the quality of the services that they provide to vulnerable children and families. The Bill will give local authorities an opportunity to test new ways of working in a safe and managed environment so that they can tailor their services specifically to the needs of children rather than slavishly following a set of one-size-fits-all rules.
Finally, and of course, any services are only as good as the people who work in them. Therefore, we are undertaking a series of reforms to the social work profession, building on the excellent practice that we know already takes place in some parts of the country. The Bill will strengthen training, promote higher standards and raise the status of the social work profession. The new regulatory system will apply across the whole of the social work profession, whether it is those working with children and families or those working with adults and their families, supporting improvements in the standard services across the board. Social workers perform one of the most important jobs in the world. It is essential that they have the right knowledge and skills to carry out that role to a high professional standard. That is why we must work with the profession to raise both the status and the quality.
I hope that participants in this debate will want to support our intentions. However, I recognise that there will be considerable interest in the specific measures and how they will work in practice, so I would like to take a few moments to set them out in more detail, along with the rationale behind them.
I will deal first with children in care and care leavers. Clauses 1 to 3 are designed to strengthen the support that is available to the approximately 10,000 young people aged 16 to 19 who leave care each year. All the evidence shows that care leavers are among the most vulnerable young people in our society. Many are still struggling to overcome the impact of the trauma they faced in childhood and, in most cases, they are expected to make the transition into adulthood without the unconditional love and support of a family or close circle of friends. As a consequence, they are far more likely to end up NEET, more likely to experience homelessness or mental health issues, and more likely to end up in the criminal justice system. However, with good, stable care and a more personalised and supported transition into adulthood, those stark facts need not be the culmination of their time in and leaving care.
I am delighted to be bringing forward these provisions because one of my first engagements with policy in this area was around a decade ago, when, having become aware of some of the issues facing children in and leaving care, as a director of the Centre for Policy Studies I commissioned a report on the life chances of children in care and the support for children leaving care. The results of the excellent Handle with Care study, by Harriet Sergeant, were shocking. Improvements have been made, but it is still unquestionably the case that, without the right support at the right time, many children will leave care without the right foundations or stability in their lives to go on and make a success of their adult lives. All too often, the system is failing them as individuals, and the cost to the public purse of this failure in later years is enormous. Acting in this area is not just the right thing to do—which it most certainly is—it is also the financially sensible thing to do.
The Bill will address this by clarifying and strengthening the role of local authorities in promoting and defending the interests of care leavers in key decisions that affect their lives. Clause 1 will establish a set of principles that set out what it means for a local authority to act as a good “corporate parent”, and that applies to the whole local authority, including housing, health and well-being, and other local amenities, not just children’s services. The principles will not just be transformative for care leavers but also apply to any children who are looked after by the state and who need someone to champion their interests in the same way as birth parents do, because these children deserve the same opportunities as any other.
The principles do not place any new duties on local authorities but provide a clear definition of expectations about how the local authority should fulfil this role based on what any good parent would do for their own children. It articulates for the first time, in one place, what support these children can expect. At the same time as introducing the principles in the Bill, the Government will also promote a care leaver covenant in which we will encourage other local agencies and organisations to come together and pledge their support for care leavers.
Many of the ideas are the result of listening to the views of children in care and care leavers. Yesterday, for instance, Edward Timpson, I and the Children’s Commissioner met a group of children in care and young people who have left care here in Parliament and listened to their ideas about how their lives could be improved. It was inspirational, and I was very impressed by the young people. However, it was also deeply concerning as there were many similar stories about how they had had many different social workers in a short space of time, and there was inconsistency in the different people—social workers and advisers—with whom they were working. If anyone was in any doubt about the importance of this legislation and the actions that will flow from it, that meeting made it clear that we are definitely on the right road with our plans. This kind of engagement needs to be part of an ongoing process at national and local level and is a key element of the corporate parenting principles, because this Bill is about giving these children a voice and making sure that their voices are heard.
The Bill will reinforce the principles in practice by requiring local authorities to consult on and publish details of their offer to care leavers, setting out the support available for areas such as education, health, employment and accommodation. It will also extend the support that care leavers can expect to receive individually. Currently, all care leavers are supported by the local authority up to the age of 21, but only those who remain in education and training beyond the age of 21 have the benefit of additional support from a personal adviser up to the age of 25. That seems the wrong way round, because those who have left education and training often live in less stable arrangements or do not have the same support networks to rely on. The Bill will extend the personal adviser service to any care leaver who requests it up to the age of 25. Alongside the Bill, we will also be reviewing the quality and remit of personal advisers so that we can make sure that the support they offer and the relationships they build are of a consistently high standard.
I turn to adoption and long-term care. In March this year, the Government published a new policy statement, Adoption: A Vision for Change, which set out our plans to strengthen arrangements for adoption, including the factors that are taken into account when decisions on permanence are made. The Government are strongly pro-adoption because we believe that it offers a critical opportunity for children to move into a long-term placement where they can build a loving relationship with their adoptive parents in a stable and supportive home environment. However, we recognise that this option is still open to only a small percentage of children who can no longer live with their birth parents. The provisions in the Bill will ensure that the factors which evidence shows have most impact on children’s long-term outcomes will be given due weight when decisions about adoption and other permanent arrangements are made. The changes will require decision-makers to take proper account of the quality of support a child will need in light of the harm they have suffered or the risk they have been exposed to, and the child’s current and potential future needs up until the age of 18. They will also ensure that the relationship between the child and their prospective adopters is considered.
The Bill includes two additional provisions to ensure that adopted children and those in other long-term placements receive ongoing help to improve their educational outcomes. The role of virtual school heads, who currently act as champions for the interests of looked-after children across local authorities, and the role of designated teachers, who hold a similar role in schools, will be extended to adopted children and children who are in long-term placements with other members of their family or special guardianship orders. This does not mean that the same support has to be offered to every child. We will expect the virtual school heads and designated teachers to use their professional judgment to decide on the most appropriate form and level of help to provide.
I turn now to children and safeguarding. Nothing can be more important than the safeguarding and protection of children, especially those who are at greatest risk or the most vulnerable. Sadly, we hear too often of terrible cases where children have suffered unimaginable neglect or abuse. We all agree that this should never happen and that we should take every step possible to reduce the risk of it happening again; yet, sadly, the same issues arise over and over again, including failure by agencies to share information and, all too often, the needs of adults being considered before those of children. Clauses 11 to 14 are designed to establish a new Child Safeguarding Practice Review Panel to oversee the review of the most serious and complex cases and, with the support of the planned What Works centre for children’s social care, make sure that the lessons from them are no longer locked at the local level, but provide a stronger national evidence base to inform practice across the country. We estimate that the number of cases to be reviewed by the panel will be around 20 to 30 a year, with the remainder being reviewed, as at present, at local level.
Some noble Lords may have seen that on 26 May the Government also issued a Written Ministerial Statement on the Wood review. As well as looking at serious case reviews, it considered the co-ordination of local safeguarding arrangements more generally. The overall conclusion is that the current system of local safeguarding children boards is too inflexible, too variable and too frequently ineffective. Indeed, Ofsted reviews show that of the 94 LSCBs which have been reviewed, nearly 70% were rated as either inadequate or requiring improvement. We are therefore proposing to introduce a new, more robust statutory framework around multi-agency working that places a greater onus on the three main local partners involved in children’s safeguarding: the local authority, the police and health. We believe that these changes need to happen quickly and we will therefore be tabling government amendments in advance of the Committee stage so that the House can consider them at the earliest opportunity.
The Bill also includes measures which are intended to lead to lasting improvements in children’s social care services. Clause 10 is largely a technical amendment designed to put beyond doubt that the Secretary of State’s power to intervene in local authorities whose services are inadequate will also apply where two or more local authorities have combined those services. Clauses 15 to 19 will allow local authorities and agencies discharging care functions on their behalf to explore and develop more effective ways of working in children’s social care. The use of this provision will be entirely voluntary and locally led. It will allow a local authority to apply to the Secretary of State for a disapplication of its statutory responsibilities in respect of children’s services for a specified period so that it can test out better ways of working, either more efficiently or to improve the quality of support and raise children’s outcomes. The new arrangements will give high-performing local authorities an opportunity to operate more flexibly and trial more effective ways of delivering children’s services.
There is a consensus stemming back to the landmark Munro Review of Child Protection that over-regulation gets in the way of good social work practice. Addressing this is central to our strategy to reform children’s social care and this new power to innovate will enable us to carefully pilot and evaluate deregulatory measures. It mirrors a similar existing power for schools. We recognise that any relaxation of statutory requirements should not be undertaken lightly. We have therefore built in a number of significant safeguards into the application process to make sure that the use of the new power is properly scrutinised and that the safety of children is always ensured. These include time-limiting the length of the pilots and making their approval subject to regulation using affirmative procedures wherever the proposal is to change the application of primary legislation. We have also included requirements to consult on the proposals with Ofsted and the Children’s Commissioner. These plans sit alongside our £200 million extension to the children’s social care innovation programme—a hugely successful programme involving partnerships between local authorities and charities, which, like the Pause projects, have already had life-transforming effects.
The second part of the Bill sets out our programme of reform for social work. Social work is a vital profession in our society, but one that is often not understood or valued sufficiently. Social workers have the ability to change lives—to enable people, whatever their circumstances or age, to have the best possible chance in life and achieve the outcomes they want for themselves, whether it is ensuring a child is protected or supporting an adult to live as independent a life as possible.
While there are examples of great practice and positive impact, I think we can all agree that there is more that can be done. We want professional practice and judgments to be focused on well-being and led by evidence of what works, not bureaucracy, process and procedure. We want social workers to be recognised and trusted, skilled professionals. The Bill provides for a new bespoke regulatory body dedicated to social work, with the ambition and vision to develop and regulate the workforce across the profession—across a whole career, different specialisms and different levels of seniority. This will represent a much more substantial approach to supporting the social work profession, focusing beyond entry-level qualifications on a whole lifetime career to embrace even the most senior social workers in the country—those leading social care services across England.
The new body will replace the current role of the Health and Care Professions Council in respect of the 93,000 social workers currently registered in England. The change to the system of regulation of social workers is in no sense a criticism of the HCPC. I commend the work that it has carried out since taking on the regulation of social workers in August 2012. Rather, it is a reflection of the unique position of social workers and of the uniquely difficult role they perform in supporting those people and children in society who are the most vulnerable or who have the greatest need. It is the Government’s belief that the interests of the people supported by social workers and the interests of the social work profession will be best served by a specialist regulator with a single focus on this profession.
The key objective of the new body will be to establish a robust regulatory system that will raise standards across the whole profession, while also taking effective action to tackle poor performance. It will: establish the knowledge and skills needed by social workers to practise effectively, both in front-line practice and in leadership roles; maintain a register of professionals that will fully reflect the range, skills and experience of individual social workers; oversee a mechanism for assessing the ability of training and education courses to produce graduates who meet these standards; oversee the rollout of the Government’s plans to assess and accredit child and family social workers; and place a strong emphasis on continuous professional development so that all social workers have the up-to-date and high-quality skills they need to deal with the issues they will encounter. The Bill will also introduce parallel changes in respect of the approval of courses for mental health professionals and best interests assessors in England.
Before I conclude, I shall address the amendment proposed by the noble Lord, Lord Watson of Invergowrie. I do not doubt the importance of the topic raised by the noble Lord. However, I hope the following debate will focus on the content of the Bill and the important role it will play in the lives of children and those who support them. I am sure the noble Lord’s intention is not to shift focus away from such a laudable aim, so perhaps he will forgive me if I do not enter into an extensive discussion on the use of secondary legislation. However, I will make three further points on the noble Lord’s Motion.
First, the substance of the Motion is factually incorrect. The clauses referenced, Clauses 20 to 40, actually contain only two new delegated powers and one extension of an existing power proposed. This is vastly different from the suggestion by the noble Lord that the clauses contain “only delegations of power”. Furthermore, the provisions we are putting forward are far narrower than the existing regime of delegated legislation flowing from Section 60 of the Health Act 1999, which was introduced under the last Labour Government. Rather than re-enact that power in its existing form, we have deliberately chosen to propose in the Bill a new power which only covers social workers in England. This new power, unlike the one it replaces, is focused, bespoke and specific to the regulation of social work.
Secondly, the Government are firmly of the view that delegated legislation is the most appropriate vehicle to set out the role and operations of the new regulator, along with the relevant establishment and transfer arrangements, as this will allow us to update the legal framework more easily to reflect changing professional standards and improvements in working practices. This is in line with recent advice from the Law Commission on regulatory reform, which emphasised the need for this type of flexibility in the exercise of a regulator’s functions, within the context of clear powers. After all, we must be flexible in responding to the needs of the profession.
Thirdly, I should like to assure all noble Lords that I fully recognise the importance of this House having all the relevant details before it is able to carry out appropriate scrutiny of draft legislation. The Government have always intended to publish indicative draft regulations and policy statements before the relevant clauses are debated in Committee, and I am happy to confirm that that remains our intention.
I conclude by re-emphasising that the Bill demonstrates the Government’s commitment to making sure no child is left behind. I am confident that we all share the same desire to improve the life chances of the most vulnerable children and that this Bill represents an opportunity to dramatically improve the way this support is offered, after years of these children being often left behind.
The Bill will make broad-ranging and far-reaching reforms to the children’s social care system: an ambition that has been welcomed by the charity sector, local authorities and previously by the opposition parties. It will make a substantial difference to the lives and life chances of the children, families and adults who rely on those services. This is an important Bill that is unashamedly about putting children first. I therefore welcome the level of scrutiny that Members of this House will give it. I look forward to hearing noble Lords’ comments and questions over the next few hours. I beg to move.
Amendment to the Motion
Lord Nash
My Lords, I very much welcome all the contributions that were made to the Second Reading debate today. I am heartened that there is a great deal of consensus on our ambition to improve the lives of vulnerable children and those leaving care and on the improvements we hope to make to the quality of children’s services throughout the Bill. All the contributions to the debate have been, as always, very well informed and constructive, reflecting the considerable expertise and experience which exists across the House in relation to children and their journey through life. This expertise will be invaluable when we come to look at the clauses in the Bill in more detail in Committee.
I will not be able to cover all the points made by noble Lords but I will try to cover as many as possible. Starting with the general scrutiny of the Bill, a number of noble Lords raised their wish for the House to be given adequate time and information for the Bill to receive detailed scrutiny in the House. I share this wish. I very much welcome the expertise of the House, of which this debate is a great example. The Bill will receive the usual detailed scrutiny in Grand Committee. We have also already made arrangements for detailed briefing sessions and discussions on parts of the Bill, the first of which will take place tomorrow. I hope that noble Lords will take advantage of these meetings.
I am also happy, along with my ministerial colleagues and officials, to meet any noble Lords to discuss the Bill if they would find this useful. I am also happy to reiterate our commitment to publishing indicative draft regulations and policy statements before clauses containing delegated powers are debated in Committee, and I am glad that this has been welcomed by a number of noble Lords across the House, including the noble Lord, Lord Hunt, just now.
Turning to some comments by various noble Lords concerning the delegated powers in the Bill, as I said at the start of this debate, I do not want to get into a long discussion on secondary legislation now, but the noble Lords, Lord Watson and Lord Ramsbotham, were both, I am advised, wrong about the number of delegated powers in sections of the Bill. In the case of the noble Lord, Lord Watson, as I said at the outset, and as mentioned by my noble friends Lady Shephard and Lord Lang, Clauses 20 to 40 actually contain only two new delegated powers and one extension of an existing power proposed. This is vastly different from the suggestion by the noble Lord that there were 29 delegations of power.
To explain this further and to assist the noble Lord in looking again at his assessment, he will wish to note that delegations of power appear in Clauses 20 and 39, with an extension of an existing power in Clause 40. Remaining clauses in this part explain the use of the new powers and the purposes to which they will be put, including safeguards such as requiring the Secretary of State to consult on regulations and lay the consultation report before Parliament. It is simply not correct to label each of these clauses a new delegated power.
Similarly, the noble Lord, Lord Ramsbotham, referred to the number of powers in Clauses 15 to 19 and counted five delegated powers in this section. There is, in fact, only one delegated power in Clause 15; the remaining four clauses flesh out that power, including inserting a sunset provision and requiring consultation. The Government are firmly of the view that delegated legislation is the most appropriate vehicle to set out the role and operations of the new regulator. We must be able to update the legal framework to reflect changing professional standards and improvements in working practices. This is also in line with recent advice from the Law Commission on regulatory reform, which emphasised the need for this type of flexibility in the exercise of a regulator’s functions. It is also in line with the approach adopted by the Labour Government in 1999. At the time the 1999 regime was put in place, the Labour Government were happy that was an appropriate use of a delegated power. Again, we will be publishing policy statements and draft regulations for this area before Committee and I am, of course, more than happy to meet noble—and noble and learned—Lords to discuss this part of the Bill if they would like to do so.
Turning to the substance of the Bill, first, I want to respond to the concerns raised by a number of noble Lords, including the noble Lords, Lord Watson, Lord Ramsbotham, Lord Wills and Lord Warner, the noble Baronesses, Lady Pinnock, Lady Massey, Lady Meacher and Lady Walmsley, and the noble Earl, Lord Listowel, about the innovation clauses: Clauses 15 to 19. The noble Lord, Lord Watson, raised the spectre of for-profit. In 2014 we brought forward legislation preventing profit making, where local authorities delegate child-protection functions, and we have no intention of revisiting that position. Where a local authority delegates children’s social care functions, Ofsted will still inspect them as part of local authority inspection and hold the council to account for the quality of those services. All applications to the Secretary of State will be assessed on a case-by-case basis. In addition to consultation by both the Secretary of State and the local authority, this will include Ofsted, the Children’s Commissioner and local authority partners.
It may be helpful if I touch on a few examples of where this power to innovate might be applied and where local authorities might apply for exemptions. The first concerns family and friends carers. It is recognised that a carer who is either a family member or a friend is typically the best option for a child, but too often it is hard to get such a carer approved to the same standard as a professional foster carer, particularly within the 16-week time limit. Exemption could allow local authorities to trial making placements for children that put the child at the centre of the decision, prioritising their needs and their attachment to family and friends, without unduly sacrificing the safeguards in place for the child.
Secondly, there is strong consensus in the sector that in low-risk cases the role of the independent reviewing officer brings no additional benefit. Exemptions will allow local authorities to trial redirecting IRO resource differently—for example, to more complex cases—while reducing the number of additional people a young person does not know at their review, which is a known concern, in more straightforward cases.
Thirdly, there is criticism that adoption and fostering panels which are only advisory add little value and can often delay the process of approving prospective carers. Exemption could allow local authorities to trial removing a potentially invasive and unnecessary requirement from one of the many layers of checking, leaving the agency decision-maker who currently makes the decision to exercise their professional judgment.
A number of noble Lords, including the noble Lord, Lord Watson, and the noble Baroness, Lady Pinnock, praised Leeds for its good work. It is, indeed, one of our partners in looking at Clauses 15 to 19, and is itself hoping to make use of the power to innovate.
The noble Lord, Lord Watson, talked about the importance of care leavers receiving advice about leaving care well in advance of that event. The noble Baronesses, Lady Benjamin, Lady Howe and Lady Bakewell, and others talked about the importance of advice for care leavers. Indeed, this was raised by a number of young people yesterday and is exactly the sort of advice that should be covered in the local offer. Two particularly impressive young people yesterday said that their local authority offered a passport to independence, setting out all the things that young care leavers need to know.
The noble Lord, Lord Watson, the right reverend Prelate the Bishop of Durham and others mentioned the importance of kinship care and foster care, which we, of course, recognise. In 2011, we published Family and Friends Care. Under this guidance local authorities must publish their approach to promoting and supporting the needs of children living with family and friends. The Government have also taken action through regulations to strengthen and encourage arrangements for long-term foster care. Our emphasis then, as in this Bill, is to promote stability in children’s lives.
The noble Baronesses, Lady Pinnock and Lady Hughes, talked about money. The amount spent on child protection and social care has remained steady since 2010. This is not necessarily about the amount of money spent but also the way it is spent. The best provision is not necessarily the most expensive. We hope that the power to innovate will demonstrate that.
My noble friend Lady Shephard made very good points about individual responsibility and mentioned good practice in Trafford. Trafford is, sadly, the only local authority in the country whose services and support for care leavers have been rated as outstanding. Obviously, we would like many more local authorities to aspire to that level of success. She also mentioned Norwich for Jobs, of which I am aware. I am delighted to hear that it is now bringing that programme to NEETs.
The noble Baroness, Lady Pinnock, asked about apprenticeships for care leavers. Employers receive full funding for the training costs associated with an apprenticeship. This has been extended to care leaver apprentices up to the age of 24. We will now go further and extend this to 25.
A number of noble Lords, including the noble Lord, Lord Watson, the noble Baronesses, Lady Tyler, Lady Walmsley and Lady Howe, and the right reverend Prelate the Bishop of Durham, spoke about corporate parenting. The local authority has statutory responsibility for the care of looked-after children and care leavers, and therefore in law is the corporate parent. However, we recognise that other agencies will also have an interest in, and potentially an impact on, the lives of children in care and care leavers. That is why under our wider care-leaving strategy we are promoting a care leaver covenant which will encourage other agencies and organisations to adopt the principles and have regard to them in their planning and decision-taking. Importantly, the fourth principle also sets out a requirement on local authorities to work with local partners to ensure that young people can access their services.
The noble Baroness, Lady Howarth, and the noble Lord, Lord Bichard, talked about the lack of success that often results from government departments joining up. I acknowledge that but this Bill is an example of good joint working between the DfE, the Department of Health and the Home Office in particular. The Social Justice Cabinet Committee has also had a number of discussions on and with care leavers to ensure that their needs are well understood across government.
The noble Baronesses, Lady Hughes and Lady Benjamin, the noble Lords, Lord Wills and Lord Bichard, the noble Earl, Lord Listowel, my noble friend Lady Stedman-Scott and others talked about the importance of personal advisers and whether it was sufficient to leave it to the child or young person themselves to request an adviser. This is an extremely good point which I would like to go away and reflect on. We had hoped that the local offer would make it absolutely clear to all care leavers that they have this expectation, but I would like to consider this further.
The noble Baroness, Lady Hughes, talked about an overreaching look at things in legislation and whether we could look more widely. The legislation is, of course, only part of the solution: practice is absolutely key and a great deal of work is focused on this. Many noble Lords, including my noble friend Lord Farmer, the noble Lord, Lord Warner, and the noble Baroness, Lady Howarth, raised the matter of personal advisers. Minister Timpson has asked officials to conduct a review of the personal adviser role, to determine whether the functions should be amended to give more emphasis to the mentoring and befriending aspects of the role. He has asked for this review to be undertaken at pace, so that its findings are available to inform further thinking as the Bill proceeds through Parliament. It will cover areas such as consistency, relationships, quality and requirements.
My noble friend Lord Farmer, the noble Earl, Lord Listowel and the noble Baronesses, Lady Hughes, Lady Massey and Lady Hodgson, talked about the importance of early intervention and early years. I could not agree with them more: they made some extremely good points. I would be delighted to set up a meeting between the noble Lords and Minister Gyimah, who is responsible for this area, to discuss this further. The noble Baronesses, Lady Meacher and Lady Walmsley, and the right reverend Prelate the Bishop of Durham talked about the circumstances where a national review might be called for. I would like to reflect on this more. Concerns were raised about the distress of good social workers whose cases are considered by this kind of panel. I assure noble Lords that the panel will in no way focus on individual blame, but only on issues which may lead to timely improvement at national level. I note the concerns of the noble Baronesses, Lady Walmsley and Lady Pinnock, that lessons learned from national reviews trickle down to the local level.
The noble Baroness, Lady Walmsley, and the noble Lord, Lord Bichard, raised questions about the dissemination of learning, concerns about the two-tier system and the criteria for national reviews. The dissemination of findings from reviews is critical. That is the role of the proposed What Works centre for children’s social care. The centre will build a robust evidence base and share learning on what does and does not work. The noble Baroness, Lady Massey, made an extremely important point about the importance of social skills. She might be interested in a report just out from Harvard, a copy of which I can provide her with. It states that all new jobs in America created over the past 10 years have gone to people with the essential social and life skills, and predicts that this is likely to continue in future. She also asked about our definition of coasting schools. This will be laid before Parliament in the autumn, after this year’s exam results are published. On life skills, in our recent White Paper we have placed greater importance on building character and resilience in every child. We will also significantly expand the National Citizen Service and expect schools to give every pupil the chance to take part.
The noble Baroness, Lady Young, asked about records access. The Children Act 1989 statutory guidance sets out the requirements which local authorities must follow in relation to care records. It states what records should include and that they should be kept for 75 years. That Act requires local authorities to give access to records to people authorised by the Secretary of State and guardians appointed by the court. The noble Baroness, Lady Hughes, talked about the removal of a duty under the Children Act 1989 to publish information. I do not believe that there is such a removal. It is simply that an existing duty to publish certain information relating to care leavers has been incorporated into the local offer provisions. I am happy to give her more clarification on that if she would like it.
The noble Lord, Lord Ramsbotham, referred to the report by the noble Lord, Lord Laming. We welcome this report on an important topic. We are clear that no child living in a children’s home should be criminalised for behaviour that would not concern the police if it happened in a family home. The Government have asked Sir Martin Narey to review residential care and he will make recommendations on criminalisation. We have also asked Charlie Taylor to conduct a review of the youth justice system. He will report back in the summer with recommendations on how to improve the treatment of young people in care.
The noble Baronesses, Lady Tyler and Lady Massey, the noble Earl, Lord Listowel, my noble friend Lady Hodgson and the noble Baronesses, Lady Walmsley, Lady Benjamin and Lady Howe, talked about mental health. Children’s mental health is obviously extremely important, particularly in relation to children in care, and the Government take the issue very seriously. Last year we published Future in Mind, setting out our vision for transforming children’s mental health services, including local transformation plans setting out the mental health services in place to meet the needs of looked-after children. We are backing this with £1.4 billion over five years and we have agreed that an expert group on the mental health of looked-after children will look into the issue of specialist assessment.
The noble Lord, Lord Ramsbotham, mentioned the UNCRC report in relation to the Bill. We recognise the importance of the committee’s work and the Bill formed part of the evidence that we prepared for it. We are now looking closely at the report. He also mentioned life chances. He is right to say that the Bill supports the life chances agenda and to emphasise the need to make sure that the two dovetail. On unaccompanied minors—a point also raised by the noble Baroness, Lady Massey—DfE officials are working and will continue to work closely with the Home Office. We recognise that unaccompanied minors have wide-ranging needs and we are working closely with the local government sector to ensure that they receive appropriate support that reflects their needs and experiences, and which do not place disproportionate pressure on the services of any individual local authority.
There was also a question about children going missing from education and about their exploitation. The noble Baroness, Lady Howe, particularly raised the issue of unaccompanied asylum-seeking children. We take the issue of missing and absent children extremely seriously. That is why last year we placed a duty on councils to offer an interview to children who return from going missing within 72 hours and, for the first time ever, have collected national data on all children who go missing from care, not just those missing for 24 hours. We have strengthened care planning and children’s homes regulations, including requiring all homes to ensure that they have clear policies on preventing children going missing, and responding when children do go missing, in line with local police protocols on missing persons.
The plight of unaccompanied asylum-seekers is of course different from that of children who have been taken into care as a result of their domestic situation. Many are aged 16 or 17 and, as several Members have noted, have experienced long and difficult journeys to reach the UK. Some have witnessed terrible events. Their needs can of course vary hugely from individual to individual. Such children also tend to be concentrated in a few locations around the country, which can put additional pressure on those local authorities’ services. Kent, for example, now faces a shortage of places for its own children who need to be taken into care. The Government are working closely with the local government sector and individual local authorities to ensure that the needs of these children can be met by a much wider group of local authorities. That exercise is under way and the Government are providing additional funding to support those placements, and to ensure that appropriate support can be provided.
A point was made about extending the visits of virtual school heads to FE colleges—I think it was made by the noble Baroness, Lady Hughes. If a child is looked after, the virtual school head champions their education regardless of the education setting.
The noble Lord, Lord Warner, talked about the HCPC and our plans to take responsibility for social workers away from it. This is not a criticism of the work of the council, as I said earlier, but it regulates 16 professions and we believe that social work requires a different model of regulation—one that is specific to this unique and challenging profession and puts it on a par with other high-status professions. We will work closely with the HCPC to ensure that we maintain what works well under the current regulatory framework. This is a joint approach by DfE and the Department of Health for children and adult social services.
The right reverend Prelate the Bishop of Durham, my noble and learned friend Lord Mackay and the noble Baroness, Lady Pitkeathley, talked about a college of social work. Indeed, until recently the Government supported an attempt to establish such a college with £8.2 million. Unfortunately, the college struggled to attract the members it needed and, in any case, this is no substitute for independent, professional standards and regulations. Public protection will remain a central objective of the new regulator. As for the concerns of the noble Baroness, Lady Pitkeathley, about costs, we do not anticipate any immediate changes to the registration fees paid by social workers.
The noble Lord, Lord Wills, talked about whistleblowing. Although Public Interest Disclosure Act protections cover only directly employed foster carers, there are already wider requirements for fostering services to have complaints procedures and whistleblowing policies in place. Standard 21.11 of the fostering services national minimum standards is clear:
“Current and prospective foster carers”,
must be able to,
“make a complaint about any aspect of the service which affects them directly”.
It is also clear that records must be kept of,
“representations and complaints, how they are dealt with, the outcome and any action taken”.
A number of noble Lords asked why we are creating new offences. There is in fact little here that is new: the current legislation already provides the power to create offences in secondary legislation to support the regulation of social workers. The provisions we have made in this Bill are in fact considerably narrower in scope than those that exist in the primary legislation at present. They will enable the creation of a small number of offences that, as now, we judge essential to protect the integrity of the regulatory process.
My noble friend Lord Lang of Monkton and the noble Baroness, Lady Dean, asked about confidential information requested by a panel under Clauses 11 and 14. The Bill does not prevent those asked for information from asserting legal or medical privilege. The panel would need to consider any such assertion against the need for the information, and it is also important to note the care that the panel would take with such information in its consideration with regard to publication. The Bill does not include a power for the panel to compel the provision of information, although public bodies may be required to do so as a result of judicial review. We are currently considering whether additional powers of enforcement would be appropriate and will bring forward a suitable amendment if that is deemed necessary.
The noble Baroness, Lady Howarth, talked about the assessment of the SEND local offer. The noble Baroness rightly noted the parallels between the care leaver offer and the SEND local offer introduced in the Children and Families Act 2014. It is still early days, of course, but we are optimistic about its impact. I do not have any data with me, but the anecdotal feedback I have received is very positive.
My noble friend Lord O’Shaughnessy asked whether the categories of ceased to be looked after and previously looked after were the same. I can assure him that they are the same. He also raised some points about designated teachers, what works and other matters which I will reflect on and on which I will respond to him. I am grateful for his encouragement to be bold on the question of the power to innovate.
In conclusion, I agree entirely with the excellent comments by the noble Baroness, Lady Tyler, and the noble Lord, Lord Bichard, about the difficulties facing social workers in their vital jobs. We are determined to do everything we can to make the lives of social workers less difficult and to raise both the level of support for them and their status.
Lord Warner
I am sorry to interrupt the Minister in his flow, but he has had a good run at it. Could he say a little more about how the Government are going to answer the very specific question that a number of us raised about Part 2? Could he ensure that we have a joint briefing with Department of Health Ministers so we understand what the Government are doing in this area? As of now, the Minister is asking us to have a clause stand part debate on each of Clauses 20 to 40 so that we can get to the bottom of what the Government’s thinking is in this area.
Lord Watson of Invergowrie
My Lords, earlier in the debate, the noble Baroness, Lady Shephard of Northwold, expressed the hope that the amendment standing in my name on the Order Paper would not dominate the debate. I cannot speak for her, but I think she would agree with me that that has not been the case; nor was that ever the intention of these Benches in tabling the amendment. Many noble Lords have referred to it. In his recent contribution, the noble Lord, Lord Warner, to some extent alluded to the consequences of the paucity of information in Clauses 20 to 40. It is slightly disingenuous of the Minister, although I do not propose to get into a tennis match with him over what is and is not in those clauses—but if we did so, we might call on the services of an umpire. On this occasion, we have an umpire in the form of the Constitution Committee, and I shall repeat a small part of what it said about this Bill. It said that,
“the government continues to introduce legislation that depends so heavily on an array of broad delegated powers”.
That seems unequivocal to me and to my colleagues on these Benches, and that is why the amendment was tabled.
It is inappropriate for the Government to continue to ride roughshod over the views of committees of your Lordships’ House—the Delegated Powers and Regulatory Reform Committee will give us its views in due course—and the views clearly expressed in this debate by noble Lords. Although it is not my intention to test the opinion of the House on this amendment, if this continues in future and further Bills come forward in a similar form, the Government should expect the Opposition to come forward with a similar amendment, and on that occasion we may not be as accommodating. I beg leave to withdraw the amendment.
Queen’s Speech
Lord Nash Excerpts(8 years, 7 months ago)
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Lord King of Bridgwater
That an humble Address be presented to Her Majesty as follows:
“Most Gracious Sovereign—We, Your Majesty’s most dutiful and loyal subjects, the Lords Spiritual and Temporal in Parliament assembled, beg leave to thank Your Majesty for the most gracious Speech which Your Majesty has addressed to both Houses of Parliament”.
The Parliamentary Under-Secretary of State, Department for Education (Lord Nash) (Con)
My Lords, it is an honour to be asked to open this debate on Her Majesty’s gracious Speech today. I look forward to the many valuable contributions that I know noble Lords will make during the course of this debate. I also thank my noble friend Lady Neville-Rolfe, who will be winding up today.
As the Prime Minister said in his address, this Queen’s Speech uses strong economic foundations to make a series of bold choices that will deliver opportunity for all at every stage of life as part of our aim to bring social justice to everybody. Today we will consider the Government’s priorities for education, welfare, health, culture and business for the year ahead. All are vital to a strong economy and a secure future for our country.
I turn first to the Government’s education business. Over the past six years, our education reforms have led to 1.4 million more children being taught in good and outstanding schools, but we are not content to stop there as 1.4 million children is a start but is not enough. There are many more competent young readers thanks to our phonics programme and many more pupils are leaving primary school with the necessary literacy and numeracy to succeed at secondary school. In 2010, one in three pupils left primary school without this. This is now one in five, but we need to do much better. In 2010, only one in five pupils took a core suite of academic subjects at secondary school, which we now call the EBacc. That figure is now 39%, and we are determined to see it far higher as it is so fundamental and is particularly important for children from disadvantaged backgrounds.
We are committed to building on these improvements by moving towards a system where all schools are academies, as set out in the White Paper. The vision for an academies-led system where autonomous schools are free of local authority control is built on international evidence that clearly shows that autonomy is linked to improved performance. We have seen these improvements being realised. In sponsored primary academies, those open for just one year have seen their results improve by five percentage points, from 66% to 71%. On average, those schools that have chosen to convert, at both primary and secondary, have built on their existing success with further improvements in standards, and, importantly, are delivering better results for free school meal pupils than their local authority-controlled counterparts.
An academy-led system is the best way to tackle underperformance and ensure that every child gets the education they deserve. It will allow the best schools to expand their reach and give excellent leaders and teachers the freedom to run their schools. We will therefore introduce a Bill to convert schools in the lowest-performing and unviable local authorities to academy status. These local authorities either will have failed to help their schools to succeed or will struggle to support the remaining proportion of local schools that remain under their control. We do not want to risk the standard of education that young people in these schools receive.
I assure noble Lords that we will consult fully on how such local authorities will be identified and that Parliament will be able to consider our proposals. We understand the concerns that have been raised about a hard deadline and legislating for blanket powers to issue academy orders. This is why we have decided that it is not necessary to take blanket powers to convert good schools in strong local authorities to academies at this time. However, these schools will still be able to convert at a time that suits them best, and more and more good schools are embracing the benefits of academy status. In fact, in March this year a record number of schools chose to apply for academy status. We are committed to the vision of a dynamic, high-performing school system where every school is an academy by 2022. This will ensure that we achieve educational excellence everywhere, so that all children and young people are able to fulfil their potential, regardless of location, prior attainment or background. That is why this Bill also brings forward fundamental reforms for how children excluded from school are educated and reforms to technical education to give clear routes through to skilled employment. Noble Lords will hear much more about these proposals in coming months.
The Children and Social Work Bill will make a major contribution to improving the life chances of our most vulnerable young people. It represents the next stage in our commitment to making sure that those children in our care get the start in life they deserve. It will ensure that there is a proper framework of support around looked-after children and those leaving care, whether to adoption, to placement with another family member or to make the transition to adulthood. For the first time, we are setting out a clear statement of the principles governing the state’s role as corporate parent to these children, making sure that local authorities think and act in those children’s best interests in the same way that any other parent would.
Through the Bill we are also making sure that support and help do not stop simply because a child has left care. There will be designated people at local authority and school level to promote the educational attainment of previously looked-after children, and a “local offer” to care leavers, setting out clearly the support to which they are entitled. This will include the provision of advice and guidance up to the age of 25. The Bill also focuses on the key professionals working with these children, enabling the establishment of a specialist regulator for social work to drive up standards of both practice and training.
Lastly, the Bill will promote more effective learning at national level from incidences of serious harm. It will help to foster innovation at the local level, enabling forward-thinking local authorities to test new and more effective approaches to delivering social care and to set the direction themselves for future reform and improvement.
I turn to welfare. As the Prime Minister has previously said, this Government are committed to giving,
“the highest priority to improving the life chances of the poorest in our country”.—[Official Report, Commons, 21/3/16; col. 1246.]
This means a relentless focus on tackling the root causes of poverty and disadvantage. That is why in the forthcoming life chances strategy we are introducing life chances indicators that will look at family stability, drug and alcohol addiction and problem debt. This will drive action across the Government so that no one is held back or prevented from making the most of their lives.
We plan to introduce a private pensions Bill. This Government have continued pension reforms to provide greater security, choice and dignity for people in retirement while ensuring that the system is sustainable for the future. It is crucial that people and their employers can have confidence that they are protected when they are putting money into a scheme and when they are ready to retire. Our private pensions Bill will correct the current gap in the regulatory landscape for master trust pension schemes, and will cap excessive exit fees for trust-based schemes. The Bill will allow the reform of the financial guidance landscape, announced at the time of the Budget, to ensure that consumers can access the debt and money guidance they need and have access to straightforward pensions guidance at all stages of their lives.
I turn to health matters. The Government greatly welcome the agreement between the BMA and the NHS, and very much hope that the BMA will support it in its ballot. Noble Lords will have heard of our intention to introduce legislation that would ensure that overseas visitors paid for healthcare received at the public’s expense. To achieve that, the Bill would reduce the number of overseas visitors and migrants automatically eligible for free NHS care while increasing the number of NHS services for which charges would apply. Collectively, these measures would see us take a significant step towards delivering the Government’s commitment to recover up to £500 million a year for the NHS, and would mean that only those living in the UK lawfully and making a fair financial contribution were eligible for free care. We also intend to bring forward measures that would make the cost recovery process more effective and efficient at all points in the health system, meaning that the full cost of care was recovered at every stage, with those funds directed straight back into the NHS. Further details will be brought forward when the Bill is published.
I shall now address the Government’s business on culture and media. Our country is a leader in the development and use of technology. The pace of change is relentless, and our economy, society and government must continue to evolve to keep ahead. The digital economy Bill will build the foundations for the digital future. It will support telecommunications businesses to build infrastructure to provide the connectivity that we all increasingly depend on. The Bill will help people to participate in this new economy and close the digital divide, ensuring that everyone can access communication services for the best value and best service wherever they live. The Bill will also provide important protections, protecting children from online pornography and protecting consumers from spam email and nuisance calls. As the world goes online, we must protect against new harms and we must not allow the social and economic exclusion that would result if we left people behind during our country’s digital transformation.
I know that many noble Lords have waited a long time—12 years, in fact—to hear that the Government will finally bring forward the legislation that will enable the United Kingdom to ratify the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict and its two protocols. I hope that the announcement of the Cultural Property (Armed Conflicts) Bill will therefore be welcome news. The Bill was introduced to the House today, so noble Lords will not have to wait long to debate and scrutinise the Government’s proposals.
The remaining subject of discussion in today’s debate is business, innovation and skills. The first Bill is the Higher Education and Research Bill. Our universities rank among our most valuable national assets, underpinning both a strong economy and a flourishing society. By lifting the cap on student numbers, we have ensured that participation in higher education can be a reality for more people than ever before. However, there is considerable unfinished business. If we are to continue to succeed as a knowledge economy, we cannot stand still. We must ensure that the system is also fulfilling its potential and delivering good value for students, for employers and for the taxpayers who underwrite it.
Through the Higher Education and Research Bill we will ensure that everyone with the potential to succeed in higher education, irrespective of their background, can choose from a wide range of high-quality universities, access relevant information to make the right choices, and benefit from excellent teaching that helps to prepare them for the future. The UK is a world leader in science and innovation, and through the measures in this Bill we will maintain and build on this reputation and ensure that we maximise the Government’s £6 billion annual investment in research and innovation.
We plan to introduce a better markets Bill. Strong competition is the key to a healthy economy, boosting our nation’s productivity. The UK’s regime is already world-class and highly respected internationally. We want the regime to remain an exemplar, keeping pace with dynamic and innovative markets. We also want to empower consumers further to ensure that they fully reap the rewards of vibrant competition. The better markets Bill will help to improve competitiveness in the UK.
To help innovative businesses to negotiate over disputes and avoid litigation, this Government will bring forward legislation to reform the law relating to unjustified threats of intellectual property infringement. The Intellectual Property (Unjustified Threats) Bill will deliver detailed recommendations from the Law Commission in this complex area of intellectual property law.
The gracious Speech sets out a clear programme for taking this country forward. As a whole, the legislative programme contains some highly topical and important issues. It will be here in your Lordships’ House where much of the detailed scrutiny will take place. I appreciate that, in the speeches that follow, a range of issues will be raised by speakers. Those issues, whether they are concerned directly with the Queen’s Speech or not, are likely to set much of the agenda for this Session. I look forward greatly to the contributions to the debate from all around the House.
Education: Academies
Lord Nash Excerpts(8 years, 7 months ago)
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The Parliamentary Under-Secretary of State, Department for Education (Lord Nash) (Con)
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 on all schools becoming academies. The Statement is as follows:
“In our White Paper, Educational Excellence Everywhere, I set out this Government’s vision to continue the rise in educational standards in England over the rest of the Parliament. We are committed to building on the reforms of the past six years, which have led to 1.4 million more children being taught in good and outstanding schools. But we are not content to stop there: 1.4 million children is a start, but it is not enough. We have to ensure that we deliver a great education to every single child; it is what we owe to the next generation—to give them the tools to realise every ounce of their potential. The White Paper was called Educational Excellence Everywhere for a reason: as I have said before, for me the ‘everywhere’ is non-negotiable. In the White Paper, for example, we set out our plans for achieving excellence areas, where we will focus specific resources to tackle entrenched educational underperformance.
The White Paper sets out how we want to see the teaching profession take responsibility for teacher accreditation, tackle unfair funding, build leadership capacity and set high expectations for every child with a world-leading, knowledge-based curriculum in a truly school-led, self-improving system, learning from the best from across the world and preparing the next generation to compete on the global stage.
The vision of a fully academised system has attracted most attention. Over the course of the last few weeks, I have spoken to many honourable Members on both sides of the House, as well as to school leaders, governors, local government representatives and parents. What is clear from these conversations is that the strength and importance of academies is widely accepted. There is a clear recognition of the case for putting greater responsibility for the school system in the hands of school leaders.
Let me be clear. We firmly believe that schools becoming more autonomous and more directly accountable for their results raises standards. Academies are the vehicle to allow schools and leaders to innovate with the curriculum, have the flexibility to set the pay and conditions for their staff, and bring about great collaboration with other schools. We still want every school to become an academy by 2022.
We always intended this to be a six-year process, in which good schools should be able to take their own decisions about their future as academies. However, we understand the concerns that have been raised about a hard deadline and legislating for blanket powers to issue academy orders. That is why I announced on Friday that we have decided it is not necessary to take blanket powers to convert good schools in strong local authorities to academies at this time.
In March, a record 227 schools chose to apply for academy status, showing clearly where the momentum lies as school leaders, parents, governors and teachers across the country embrace the benefits that being an academy brings. Since then, we have also issued more than 104 academy orders to underperforming schools, meaning that the young people in those schools will soon benefit from the strong leadership provided by expert academy sponsors.
That is why those who took to the airwaves this weekend to crow about a victory in their battle against raising standards will find themselves sorely disappointed. There will be no retreat from our mission to give every child the best start in life and to build an education system led by school leaders and teachers on the front line, running their own schools as academies.
The Education and Adoption Act 2016 already enables us to rapidly convert failing schools and schools which are coasting where they can benefit from the support of a strong sponsor. As a result, when schools underperform, it is now easier to respond swiftly and effectively. Schools will not be allowed to languish unchallenged for years.
As we set out in the White Paper, and as I have subsequently argued, the most pressing need for further powers is to boost standards for those schools languishing in the worst performing local authorities and to provide for schools in local authorities likely to become unviable. So, instead of taking a blanket power to convert all schools, we will seek powers in two specific circumstances where it is clear that the case for conversion to academy status is pressing.
In our worst-performing local authorities, we need to take more decisive action so that a new system led by outstanding schools can take their place. Similarly, because of the pace of academisation in some areas, it will become increasingly difficult for local authorities to have the ability to offer schools the necessary support, and there will be a need to ensure that these schools are not dependent on an unviable local authority. We will therefore seek provisions to convert schools in the lowest-performing and unviable local authorities to academy status. This may involve in some circumstances conversion of good and outstanding schools when they have not chosen to do so themselves. But the need for action in those limited circumstances is clear because of the considerable risk to the standard of education that young people in those schools receive, as the local authority is either unable to guarantee their continued success or support further improvement.
We will consult on these arrangements, including the thresholds for performance and unviability. I am making a clear commitment that the definition of and thresholds for underperformance and viability will be the subject of an affirmative resolution in this House.
I would also like to reassure honourable Members on concerns raised about how we protect small schools, particularly those in rural areas. I have already made it clear that no small rural school will close as a result of the move to have more schools becoming academies. There is already a statutory presumption against closure of rural schools, but we will now go further. Where small rural schools are converting to academy status, we will introduce a dual lock to ensure their protection: both local and national government will have to agree to a school closing before a decision can be made. There will also be dedicated support to help rural primary schools through the process of conversion and a £10 million fund to secure expert support and advice.
While we want every school to become an academy, we will not compel successful schools to join multi-academy trusts. In order to share expertise and resources, we expect most schools will form local clusters of multi-academy trusts. But if the leadership of a successful school does not wish to enter a formal relationship with other schools, we trust them to make that decision and will not force them to do so. Small schools will be able to convert to stand-alone academies as long as they are financially sustainable.
I began this Statement by saying our goal has not changed. This Government will continue to prioritise the interests of young people in getting the best start in life by having an excellent education over the vested interests that seek to oppose the lifting of standards and the rooting out of educational underperformance—those very same vested interests that allowed schools to languish for years unchallenged and unchanged until the launch of the sponsored academies programme by the last Labour Government.
Our work to improve our education system will continue apace. We will continue to empower school leaders and raise standards. We will continue to hold high expectations for every child. We will establish a fair national funding formula for schools so that young people everywhere get the funding they deserve. We will continue to work towards a system where all schools are run and led by the people who know them best in the way that works for their pupils, as academies. These reforms will transform the education system in our country and ensure we give every child an excellent education so that they have the opportunity to fulfil their potential. I commend this Statement to the House”.
Lord Storey (LD)
I thank the Minister for repeating the Statement. It is actually good to listen; it is good to hear what other people have to say rather than immediately jump to conclusions, and I welcome the fact that the Government have listened to people who have considerable experience in these matters and adjusted the likely content of the forthcoming Bill.
The Minister said in the Statement that the Government wanted to,
“deliver a great education to every single child”.
But don’t we all? I suppose that the difference is that some of us do not believe that the blind concentration on structures and types of school is really the answer. We think that, more importantly, it is about the quality of leadership of those schools. It is about the teachers—who are highly trained, highly respected and given proper continuing professional development. It is about a broad national curriculum which every pupil takes, and includes, as some of the Minister’s colleagues believe, PSHE and good careers advice. It is about parents being involved in the education of their child, not divorced from it; and it is about a curriculum which celebrates technical, vocational and creative education.
There is no evidence that turning a school into an academy will improve standards. In fact, academies tend to perform less well in Ofsted inspections than local authority schools do. I hope that we will see, once and for all, the end of the ideological obsession with pushing aside the role of local authorities in community schools. They need to be cherished, nurtured and given the resources to do the job.
I am very pleased with what the Minister said in the Statement about rural schools, which have been neglected for far too long and need special attention. But putting them into multi-academy trusts is not always the best solution. If they have to go into a multi-academy trust, the trust has to have a relationship with the community that the school is in, because the community is hugely important to the rural school.
I have two questions for the Minister. So far, he has resisted publishing tables to compare trusts’ overall performance. Will he now agree that that should happen? Secondly, he has refused to let Ofsted conduct full inspections of academy chains. Will he now agree that this should happen as well?
Lord Nash
My Lords, I am grateful to the noble Lord, Lord Watson, for his comments about supporting the raising of standards in schools. I have no doubt that he supports that aim.
Many people wanted to see more detail on our direction of travel for academies, so we provided it in the White Paper. However, as I have said, it is clear that the blanket power outlined in the White Paper created anxiety in the system. So we have listened—I am grateful for the comments of the noble Lord, Lord Storey, about that—to the concern of head teachers and teachers and removed those powers so that people can now take time to understand the benefits of becoming an academy or joining a multi-academy trust. I am confident that once people have had the opportunity to understand that, many more will come forward to convert, as schools are in record numbers at the moment. I hope that noble Lords across the House who have not had the opportunity of spending time with leaders of academies or multi-academy trusts or with the regional school commissions will take the time to do that over the next few months. I am happy to arrange visits or meetings. We will continue to listen and to have dialogue with the sector, parents, teachers, governors, unions and local authorities over the next few months.
The noble Lord, Lord Watson, referred to evidence, an issue we have discussed a great deal in this House. I said in answer to his question that schools that have chosen to convert to academies—that is, those that are high performing already—are obtaining better results. Despite their already high performance, they are improving their results and are more likely to be rated good or outstanding by Ofsted. Secondary converters are performing 7 percentage points above the national average and results in primary-sponsored academies open for two years have improved on average by 10% since opening, more than double the rate of local authority maintained schools over the same period.
In answer to the question asked by the noble Lord, Lord Watson, in certain limited circumstances, high-performing schools may be obliged to become academies—that is, where they are in local authorities that are either performing poorly or are unviable. As I have said, we will be setting out more on that and consulting on what the viability test will be.
We make no apologies for the benefits of schools working in multi-academy trusts. There are particular benefits in relation to leadership development and CPD for teachers. People who work in multi-academy trusts talk often about the retention of staff benefits. They say that when they were running one school they tended to lose their rising stars because they could not offer them career development opportunities. They can now have rising stars programmes in place and retain their best staff. There are benefits such as the sharing of good practice and economies of scale, and many others. I invite noble Lords, when they meet with people from multi-academy trusts, to discuss this with them.
On accountability, as I have said before, academies are held to a higher standard of accountability than local authority maintained schools. They are obliged to publish annual third party-audited accounts, which local authority maintained schools are not; no one in a governance relationship with an academy can profit from that relationship, which can happen in a local authority maintained school; and they are also held to the standards of the Charity Commission and the Companies Act.
As to leadership, the noble Lord, Lord Watson, made a good point about the capacity and leadership. We have £600 million available to develop this programme. We have invested in a leadership programme with future leaders and executive educators, and we are in discussions with a number of business schools about their developing leadership courses for people who work in academies and multi-academy trusts. I hope to say more about that in due course.
I am grateful to the noble Lord, Lord Storey, for his comments about rural schools. I agree entirely about the importance of their being intimately engaged with their local communities. In answer to his last two questions, we will be publishing MAT performance tables based on this summer’s results. We have had extensive conversations with Ofsted, and agreed an arrangement whereby Ofsted will carry out batch inspections of schools in multi-academy trusts and look at the school improvement services provided by the head office. However, we do not think it appropriate for Ofsted inspectors to inspect the finances, governance and management arrangements of these organisations. We have discussed with Ofsted the idea that in certain circumstances, there may be joint inspections: Ofsted inspecting school improvement and the performance of the schools, and the EFA—possibly working with consultants—inspecting the head office, management, governance and financial arrangements of the trusts. We have also had discussions with Ofsted because we know that it has inspected weak performing multi-academy trusts. We hope that it will soon be inspecting some strong performing multi-academy trusts so that we can see what a really good chain looks like.
Lord Sutherland of Houndwood (CB)
My Lords, I welcome much that is in the Statement repeated by the Minister. As a good Cross-Bencher I have no interest in being drawn into any frisson or hint of triumphalism perhaps coming from the other Benches, nor even a collective sigh of relief from the Benches behind the Minister, because that is there as well; both apply.
There are many things in the Statement which I am sure that I and others agree with. We want to ensure that we deliver a great education for every child—who would not? Of course we do. We want to focus resources on tackling entrenched underperformance, and of course the Minister has made it plain that he knows that resources are not simply cash. They are to do with leadership and talent working in the schools in question. The strength and importance of academies is widely accepted. I absolutely agree with that, on the basis of being well acquainted with quite a number of academies and academy chains.
However, I want to register two questions which are premised on the most important point made in the Statement. While we want every school to become an academy, we will not compel successful schools to join multi-academy trusts. That is the point on which many supporters of academies were hung up. It is the most important statement that we have before us. It is also important to emphasise that, yes, we can persuade, but no, we cannot compel. In that context, I would like to be reassured that the aspiration for converting every school into an academy within six years is not a sotto voce way of bringing into play a form of compulsion that will be part of the next series of policy decisions. A reassurance on that is rather important.
Finally, the Minister indicated that the definition and thresholds of underperformance and viability will be the subject of affirmative resolution. Presumably that applies to the Commons, but will it apply to this House? Will we also have an opportunity to debate those issues?
Lord Nash
I am grateful to the noble Lord, Lord Sutherland, for his comments. Given his vast experience in this area, he always makes helpful observations. He is absolutely right in what he says. There is no doubt that our comments about compulsion had caused anxiety in the system. In order, if you like, to take the heat out of it, we have decided to remove that because we think it is right that people should work out for themselves the benefits of academisation, whether on their own or in multi-academy trusts. In answer to his last point, yes, those issues will be subject to the affirmative resolution of both Houses.
Lord Baker of Dorking (Con)
My Lords, as the Minister responsible for converting the first local authority education schools to independent city technology colleges, at the time I believed that if we could show that they were successful, others would follow; it would be a natural flow of events. In fact, that is exactly what has happened. Progress can be achieved by the natural flow of events rather than prescription, so I am glad that the Government have accepted that approach. I should also say to the Minister that I agree very much with the point made by the noble Lord on the Cross Benches that all good schools should not necessarily join multi-academy trusts. On the other hand, multi-academy trusts are essential between the institutions and the Government, which cannot possibly be responsible for 30,000 schools and the independent schools in our country. I am also glad to see that there are to be tough inspections by Ofsted. There are some very good multi-academy trusts, the best of which is that run by the noble Lord, Lord Harris of Peckham, who has been working at it for 30 years. But there are also some poor multi-academy trusts, and a poor multi-academy trust is no better than a poor local education authority.
Lord Nash
I entirely support my noble friend’s comments about success proving itself. Of course, he is vastly experienced in this area and, indeed, if it were not for his invention of city technology colleges all those years ago, we would not be here today. Of course, there are poorly performing academy groups and we are intent on intervening whenever we can to improve them. As my noble friend said—and I entirely support his comments about our noble friend Lord Harris—we now have enough outstanding academy groups, such as Harris, Ark, Outwood Grange and many others. We know that when a multi-academy trust is functioning well, it provides a standard of education to which all multi-academy trusts, we hope in time, can aspire.
Lord Lexden (Con)
I return to the position of rural schools, which was raised by the noble Lord, Lord Storey. Do they not face considerable pressures at the moment and require additional support in dealing with them? Secondly, does my noble friend agree that a responsible Government must have the power to intervene where local authorities are clearly failing?
Lord Nash
I agree entirely with my noble friend that rural schools face certain pressures. We are absolutely determined that no school—particularly rural schools—will be left behind. Our national funding formula will, for the first time, provide many rural schools with more support than it has in the past. We are proposing both a lump sum and a sparsity factor for rural schools. As I said, we will have a fund of £10 million to help them explore the academisation. We will have people working with them and will do all we can to help them. We believe that rural schools working together may be able to afford, for instance, a language teacher, which on their own they would be unable to do. On my noble friend’s second point, we accept that where we have underperformance—wherever it is, whether in the local authority or elsewhere—we must have powers to intervene.
Baroness McIntosh of Hudnall (Lab)
My Lords, the Minister made it fairly clear that although the element of compulsion has been removed at least from the rhetoric for the time being, it is still the determination of this Government to encourage, by whatever means, all schools to become academies. Building on the point made by the noble Lord, Lord Baker of Dorking, when he said that a poorly performing multi-academy trust is no better than a poorly performing local authority, can the Minister say why the Government are so bent on creating this new monoculture? A well-performing academy trust is obviously a very fine thing and we all like to see schools succeed, but some local authorities are also succeeding and are creating and supporting schools that are doing well. Should we not celebrate that success as well as the success of academies?
I shall follow on from the question asked by my noble friend on the Front Bench. The issue of autonomy for schools—much vaunted in the progress of this Government’s determination to encourage academies—is surely diluted in multi-academy trusts where there is, of course, one leadership team. The degree of autonomy that then resides with the individual school must by definition be reduced. Is that really what the Minister has in mind?
Lord Nash
As I have said, I accept that there are multi-academy trusts that are not performing, but we have ambitions to bring them up to the standards of those that clearly demonstrate that this model works. As far as a monoculture is concerned, we would say that we have much more diversity in the academy trust structure than under a local authority structure, whereby a school is stuck in one local authority because of a geographical accident. An academy can choose to convert, maybe on its own or as part of a small local cluster, or as part of a larger group. Of course, there are high-performing local authorities, and we encourage them to spin out and form multi-academy trusts, which some are discussing at the moment, or to subcontract out their school improvement activities.
As far as autonomy of individual schools is concerned, we have said a lot about how we would expect schools in multi-academy trusts to work together in local clusters. We think that is absolutely essential to their being intimately involved with their community. Ultimately, we are concerned with standards and pupils ahead of everything else.
Lord Cormack (Con)
I thank my noble friend for his Statement. I was one of those breathing the collective sigh of relief referred to by the noble Lord, Lord Sutherland. I am delighted that the Government have withdrawn the word “compulsion”, but, since he has made his understanding of rural schools clear, I ask my noble friend to remember that in many rural schools—I had some 40 in my former constituency—parent governors play a particularly important part. Just as he will encourage schools to become academies, will he encourage all schools to maintain parent governors?
Lord Nash
I entirely agree that parent governors play a very important part in all schools, particularly in rural schools, where, as we have discussed, they are so intimately connected with their local community. That is why we want parents to be more involved in their schools than they are at the moment. We want them to be intimately involved in all aspects of their child’s education, be that attendance at parents’ evenings or whatever. For the first time, we will create a new expectation that every academy will put in place arrangements for meaningful engagement with all parents to give all parents a voice. We will put in place a parent portal, setting out the key things that parents need to know about their schools. We will introduce more regular surveys of parental satisfaction and we will provide guidance on handling complaints.
Lord Lansley (Con)
My Lords, I am grateful to my noble friend the Minister for the Statement. I will ask two quick questions. First, what is the Government’s view of the establishment of multi-academy trusts by local authorities? Clearly they will require them to be at arm’s length, but is this something that the Government would encourage to reach that 2022 objective? Secondly, will my noble friend give your Lordships’ House an indication of the pace at which those schools that are some distance below the target in the funding formula will be able to attain it over time?
Lord Nash
To answer my noble friend, as I said, we certainly encourage individuals in local authorities to spin out and set up trusts. Local authorities are allowed to have just under 20%. We will encourage people in local authorities to get involved in MATs in any way that works for them. As far as the national funding formula is concerned, the first changes will take place in 2017-18. We are keen to phase this in over a period of time. The second phase of the consultation will deal in much more detail with the granularity of the figures and the timing.
Schools: Academies
Lord Nash Excerpts(8 years, 7 months ago)
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Lord Watson of Invergowrie
To ask Her Majesty’s Government whether there is any evidence that academies automatically perform better than local authority maintained schools, particularly those that are already categorised as high-performing.
The Parliamentary Under-Secretary of State, Department for Education (Lord Nash) (Con)
My Lords, schools that have chosen to convert to academies—that is, those that are high-performing—are obtaining better results, improving their results and more likely to be rated good or outstanding by Ofsted. Secondary converter academies are performing seven percentage points above the national average and continue to improve. Primary converter academies improved by one percentage point in 2015, and those open for two years or more by four percentage points since either 2012 or their last results as an LA-maintained school.
Lord Watson of Invergowrie (Lab)
My Lords, I thank the Minister for that reply. Academy status is appropriate for some schools, but there is simply no evidence that mere conversion in itself guarantees success, as the Education Select Committee reported last year. What counts is hard work and a clear plan for improvement, both of which can be achieved without conversion. The Government need to accept that they have failed to win the argument on mass academisation. They have, however, achieved a remarkable feat: since the publication of the White Paper we have seen the emergence of a broad alliance involving parents, head teachers, trade unions, local government leaders, both Labour and Conservative, and MPs, more of a few of whom are Conservatives—all implacably opposed to forced academisation. Can the Minister tell the House who, apart from existing academy chains, has come out in favour of the White Paper’s proposals?
Lord Nash
A great many people have come out in favour of the White Paper’s proposals. I am glad the noble Lord got to a question eventually; I think I answered his original point in my first Answer. There has been lot of international research. The Sutton Trust has told us that sponsored academies are doing better at closing the gap. Ofsted has said that attainment in sponsored academies has increased over time, with the longest-standing academies having the strongest performance. The NFER has told us that the attainment gap between pupils eligible for FSM and those not is narrower in converter academies than in similar maintained schools.
Lord Grocott (Lab)
Has the Minister seen the report of the National Audit Office and its serious criticisms of the accounts of the Department for Education in respect of academies, and the words of the head of the National Audit Office, who said:
“Providing Parliament with a clear view of academy trusts’ spending is a vital part of the Department for Education’s work—yet it is failing to do this”?
Should the Minister and his department not put their own house in order before they have a blanket development of new academies?
Lord Nash
I have seen that report. The issue is purely technical, based on different year-ends for schools and for the department, which will not be an issue this year because of methodology. I also saw the Audit Commission’s 2014 report, which found 200 cases of fraud in local authority-maintained schools in the previous year. Given that I walked into the Department for Education in 2010 to find a department completely financially out of control after 13 years of Labour government, I do not take lessons from the party opposite.
Lord Lexden (Con)
My Lords, there has been considerable concern about poorly performing primary schools. How many have been taken over by academy sponsors and with what results?
Lord Nash
There are 960 primary sponsored academies open as of April this year, many of which previously suffered from chronic underperformance. In 2015, the percentage of pupils in sponsored primary academies achieving the expected level in reading, writing and maths at the end of key stage 2 rose by four percentage points to 71%. Results in primary sponsored academies open for two years have improved on average by 10 percentage points since opening—more than double the improvement in local authority-maintained schools over the same period.
Baroness Hayman (CB)
My Lords, I listened carefully to the noble Lord’s answer. I thought that the noble Lord, Lord Watson, asked how many organisations had come out in favour of every school being forced to become an academy. The Minister made some comments on academies in general but I am not sure he answered that question.
Lord Nash
We make absolutely no apology for our belief in academies and multi-academy trusts, because of the substantial benefits of academy freedoms and working together in close families of schools. If noble Lords were to spend any time meeting the people who run academies or multi-academy trusts and saw the substantial benefits—for instance, for their staff and pupils—they would understand.
Baroness Farrington of Ribbleton (Lab)
My Lords, will the Minister explain to the House when answering a direct question became a matter of PR? Will he answer the concern of local authority and church voluntary-aided schools in counties such as Lancashire? Will he say that no small primary schools will be closed on financial grounds in his programme of academisation?
Lord Nash
I will give the noble Baroness an independent view from the chief inspector, who believes that every school should be an academy. As for local authorities, of course there are a lot of high-performing local authorities and we very much hope that people there will continue to be involved, by spinning out and setting up academy trusts. As I said in an Answer last week, no strong schools will close as a result of the policies in the White Paper. Indeed, we think that many rural schools will be much stronger working together in multi-academy trusts. There are very strict rules about the closure of small and rural schools, and I expect that all such considerations will continue in the future in relation to all rural schools.
Baroness Howarth of Breckland (CB)
My Lords, I have a slightly different angle on this Question. Where there is a playgroup that wishes to join a primary school that is an academy, because it wants to get that continuous stream of education through the playgroup, the primary school and into the secondary schools, what kind of help do the Government give to that playgroup?
Rural Schools
Lord Nash Excerpts(8 years, 7 months ago)
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The Lord Bishop of St Albans
To ask Her Majesty’s Government what assessment they have made of the challenges to be faced by small rural schools in the conversion to academy status.
The Parliamentary Under-Secretary of State, Department for Education (Lord Nash) (Con)
My Lords, we fully recognise the challenges faced by small rural schools and are committed to supporting them; for instance, they will each have a named adviser in the conversion process. Many rural schools have been underfunded through an unfair system. Our new national funding formula will match funding to need and reflect their unique circumstances, ensuring that they remain at the heart of their communities.
The Lord Bishop of St Albans
I thank the Minister for his response and for those details. However, does he recognise that this is about not just the viability of rural schools but the viability and sustainability of whole rural communities, given the important role that schools play in attracting and retaining workers in rural areas? Many people are concerned that, if rural schools are put into multi-academy trusts, those trusts will not have the same obligation to take into account the wider issues of rural sustainability; indeed, there may be huge pressure for mergers and closures based simply on finance and nothing else. In the light of that, can the Minister tell us what the Government intend to do to prevent that happening?
Lord Nash
The right reverend Prelate raises an extremely good point. No strong school will close as a result of the policies in the White Paper. Indeed, we think that schools will be more sustainable as a result of joining together in local clusters of schools in multi-academy trusts because of the substantial staff benefits that flow from that, and the efficiency benefits, which result in more resources being available for the classroom. We fully recognise the importance of rural schools to their communities. MATs cannot close schools without the Secretary of State’s consent, and we would expect our considerations to remain the same for any future school closures.
Baroness Royall of Blaisdon (Lab)
My Lords, the sustainability of rural schools and the affordability of rural housing are inextricably linked. What discussions have taken place between the Department for Education and the Housing Minister about the implications of the Government’s policy and the housing Bill and how they join together? Also, why are the Government not listening to the thousands of councillors, including Tory councillors, and people up and down the country—Conservative MPs as well as Labour MPs—who say that this policy will not work? Why are the Government not listening?
Lord Nash
We actively discuss housing with DCLG in relation to making sure that there are enough places available for schools in anticipation of housing developments and Section 106 agreements, for example. We are listening to councillors. Many councils recognise that, with many schools becoming academies, they no longer have the ability to support those schools. Many councils recognise, as do most people in the education system, that the best way to support schools is through local school-to-school support.
Baroness McIntosh of Pickering (Con)
My Lords, will my noble friend the Minister give the House an assurance that the 40 least-funded education authorities will have per capita funding addressed so that rural areas will benefit greatly from the new funding formula?
Lord Storey (LD)
When you close a rural school, you literally tear the heart out of that community. The issue is not about structures; it must surely be about resources. If the Government are hell-bent on making rural schools part of multi-academy trusts, does the Minister agree that such a trust must have its other schools within that community, not outside it? In other words, the trust should be only in that county area. Secondly, we have seen governing bodies of trust schools being abolished. Can he assure us that every village school will keep its governing body?
Lord Nash
As I just mentioned, rural schools will get a lump sum for a sparsity factor in the national funding formulas, so we are cognisant of their particular circumstances. As I think the noble Lord knows, we very much favour local schools working together in local clusters. Indeed, in the last few years hundreds of multi-academy trusts operating in their local regional clusters have come together, so this is absolutely essential.
Baroness Armstrong of Hill Top (Lab)
My Lords, I wonder if the Minister will understand this. I have visited a local school in Weardale, up in the north Pennines, where we have several schools with fewer than 50 pupils. I spent the day at that school, and the involvement of the local community in it both as governors, including the chair of governors, and as parental support is absolutely critical to children there having a whole and good experience. It happens to be an outstanding school. However, I also know from the multi-academy trusts that there is real concern that they will be asked to do things which they do not want or have the real capacity to do, because they are concentrating on schools where achievement really needs shifting. This is going to stretch the academy chains to breaking point. The Government are getting it wrong from both ends. Why will they not listen?
Lord Nash
I fully understand the point that the noble Baroness makes. I would recommend that any small, rural school which is concerned about the issue talks to people who run multi-academy trusts to understand the substantial staff benefits that there are from working together in this way. Most people whom I talk to in multi-academy trusts say, “When I was running one school, I used to lose all my good staff. Now I can provide them with career development opportunities across the group”. These benefits are very substantial.
Schools: Parent Governors
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Baroness Sharp of Guildford (LD)
My Lords, I beg leave to ask the Question standing in my name on the Order Paper. In doing so, I declare an interest as having been for the past 40 years first a parent governor and subsequently a governor of state schools.
The Parliamentary Under-Secretary of State, Department for Education (Lord Nash) (Con)
My Lords, we are not abolishing parent governors. I pay tribute to the many thousands of parents who play this vital role, and I expect that many parents will continue to do so. Boards must be free to appoint parents for their skills and expertise to govern in the interests of all pupils. For the first time, all academies will in future be required to engage meaningfully with and listen to all parents.
Baroness Sharp of Guildford
I thank the Minister for his reply. I recognise that the Government are anxious to establish skills-based governing boards, but does he not recognise how incongruous it is that as the Government are to some extent discouraging parents from sitting on the governing boards of ordinary schools, they are at the same time extolling the role of parents in setting up free schools? Does he not also recognise that many parents like myself started as parent governors and learned through that experience and training the skills of critical analysis and leadership, which allowed them to provide leadership within their communities, often going on later to stand as councillors and perhaps even Members of Parliament?
Lord Nash
I am grateful for the noble Baroness’s support on parental engagement in free schools. I agree with the point she has made about people being able to develop their skills. We very much want parents to be involved, and school governing bodies provide an opportunity for them to acquire new skills. That is one of the reasons why many employers encourage their staff, particularly their younger staff, to sit on the governing bodies of schools and academies, and indeed we have an active programme with employers to develop this.
Lord Harries of Pentregarth (CB)
My Lords, does the Minister agree that whatever skills parent governors may or may not have, they play a crucial role in keeping parental opinion feeding into the governing body and helping to gain parental support for the school?
Lord Nash
I agree entirely with that point. Parent governors play an important role in parental opinion, but we really want to engage with parents across a wider front so that we can have a much broader set of parental opinion. That is why we are bringing in these proposals that academies do that.
Baroness McIntosh of Hudnall (Lab)
My Lords, building on the point made by the noble and right reverend Lord, Lord Harries, the implication of the way that the Government are framing this is that being a parent is somehow not enough to qualify to take part in the governance of a school at which one’s child might be a student. Does the Minister agree that, although many parents have many skills, the primary reason for having them on governing bodies is that they are parents? Would it not be better to allow that to stand as the main reason for having them there?
Lord Nash
I agree that we should encourage parents to stand for governing bodies, but we have been very clear over the past few years about focusing governance on skills. It is a skills-based function and that is why we have continually focused on skills. Anyone sitting on a governing body must have those skills, or certainly be able to develop them in relatively short order.
Lord Watson of Invergowrie (Lab)
My Lords, the Government have announced that academies will be required to have parent councils. I think that this is a good idea, but if it is, why was it not included in the White Paper? The truth is that it was rushed out in response to a reaction to the White Paper about the marginalisation of parents from school governance. Is it not the case that the White Paper on the forced academisation of schools is actually the back-door privatisation of the education system, and that the Government are not willing to tolerate opposition from parents or anyone who opposes that ideology?
Lord Nash
Actually, it was made absolutely clear in the White Paper that we would create a new expectation that every academy would put in place meaningful arrangements for engagement with all parents. We do not want to be prescriptive about the precise nature of that engagement, but of course a parent council may well be a good way of doing that. So far as privatisation is concerned, it is interesting to note that anyone involved in an academy or in a governance relationship with an academy cannot profit from their arrangement in that, whereas of course that is possible in a local authority-maintained school.
Lord Storey (LD)
My Lords, the Minister will be aware that I wrote to him on 12 February following a multi-academy trust abolishing a governing body. In his reply, he said, as he has said here, that academies should make and have in place meaningful and effective arrangements for engaging and listening to the views of parents. How will that happen, and will that be statutory? We do not want parents to think that government policy, in terms of parental involvement in their child’s school, is that parents should be seen but not heard.
Lord Cormack (Con)
My Lords, is not the policy for compulsory academies nationalisation rather than privatisation?
Lord Nash
It is a consistent system. We feel that the academy system is the best way to give freedom to the front line and to enable heads to recruit, train, retain, develop and deploy staff. Many freedoms and other benefits come from being an academy and part of a family of schools in a multi-academy trust.
Lord Watts (Lab)
My Lords, can the Minister tell us how many vacancies exist for school governors? It is my experience that many schools are having real difficulty in recruiting governors.
Lord Nash
I cannot give the noble Lord an exact figure but he is absolutely right that we are always looking for school governors. We have an active programme with a school governors’ one-stop shop, and for inspiring and recruiting future governors. I have already referred to the active programme with employers on recruiting governors. We also have the very successful Academy Ambassadors programme, which has recruited 200 pro bono people from the professions, business and charities to sit on the boards of multi-academy trusts.
Regional Schools Commissioners
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The Parliamentary Under-Secretary of State, Department for Education (Lord Nash) (Con)
My Lords, within an increasingly school-led system, the responsibility for school performance lies with the academy trust. There is a clear line of accountability from the trust to the Secretary of State. RSCs exercise the powers and duties of the Secretary of State on her behalf, meaning that the Secretary of State remains fully accountable to Parliament for decisions made by regional schools commissioners. They are civil servants and take decisions within the scope of their responsibilities and within a defined set of criteria, governed mainly by funding agreements and, in maintained schools, by statute.
Lord Shipley (LD)
My Lords, I thank the Minister for his reply. Could he explain why the Government plan to end local oversight of schools, abolish parent governors and hand power to a small number of unelected officials accountable only to Whitehall? Could he say how all this relates to the Government’s localism agenda?
Lord Nash
As I think everybody knows, we are not planning to abolish parent governors. We greatly value the role of parent governors in schools, and I pay tribute to the many thousands of parent governors that we have. Indeed, we want to increase the role and involvement of parents in their children’s education. We will exert a new expectation on every academy to put in place meaningful engagement arrangements for all parents, but we must focus governance on skills. On the localism point made by the noble Lord, four members of every head teacher board are elected. They are local professionals who are well steeped in their local communities and local issues.
Lord Watson of Invergowrie (Lab)
My Lords, we should not lose sight of the fact that we are talking about public education here, paid for from public funds. That should mean that public accountability is a given—real accountability, not just accountability to the Secretary of State. In its report published in January, the Education Select Committee, which has a Tory majority and a Tory chair, called for greater transparency and accountability for regional schools commissioners. Will the Minister say what action he intends to take in light of that recommendation, particularly since the White Paper was published?
Lord Nash
The noble Lord makes a very good point. We will publish the following information on the GOV.UK website this month: a high-level outline of the regional schools decision-making framework; each regional schools commissioner’s regional vision; a description of the national schools commissioner’s role; and the terms of reference for head teacher boards.
Lord Addington (LD)
My Lords, does the Minister agree that if a political decision is made in a region that affected, say, a third of the primary schools in that region, the only way you can get an answer under the current arrangement would be to go directly to the Minister in charge—the Minister who is answering the question? What preparation has his office made for receiving inquiries from a third of the primary schools in any one of these regions?
Lord Nash
I think that it is unlikely that any particular decision would affect so many schools, but if the noble Lord is referring to small primaries, we are very conscious of the issues facing them and are very keen to support them. We believe that they will be more sustainable as part of groups working together in MATs. As Lucy Powell said in the other place only yesterday, it is acknowledged that schools work better in local regional clusters, and we are keen to see them be able to do that.
The Lord Bishop of Coventry
My Lords, I declare my interest as the president of a diocesan board of education and a member of a multi-academy trust. Can the Minister explain the factors that influence RSCs in their decisions about the capacity of sponsors for new schools, and the extent to which those factors are objectively determined?
Lord Nash
The right reverend Prelate makes an extremely important point. It is all about capacity. Regional schools commissioners, along with head teacher boards, use performance data, Ofsted reports, intelligence from academy visits and their own expertise to ensure that a robust decision is reached. They will look at the geographic focus of the sponsor, whether they have brought into their group recently many failing schools, and the management capacity and skill set of the MAT board.
Lord McFall of Alcluith (Lab)
My Lords, last week the Scottish Sunday newspaper the Sunday Post brought together a former pupil of mine and myself after 40 years. He told me that he is now a leading research scientist in Manchester University dealing with the Zika virus. In contact with me this week, he stated that he was grateful for the support, mentoring and engagement that his parents had, and that he would not be in that leading position if it had not been for such a fine state school. Given the great work that goes on in state schools, will the Minister not listen to some of his colleagues in the House of Commons, such as Graham Brady, who described this as a madcap proposal? Will he ensure that parental engagement and parental governors are the centrepiece of any initiative that is going to be taken forward—otherwise it will be nothing other than a disaster?
Lord Nash
I agree entirely with the noble Lord about the importance of parents, who provide absolutely vital feedback. Governing bodies will be free to have many, if not a majority, of governors who are parents, and many will continue to do so. But, as I have said, they must be chosen for their skills.
Baroness Sharp of Guildford (LD)
My Lords, could the Minister explain how these arrangements fit in with the new devolution agenda? In particular, will London and Manchester take over responsibility for the regional schools commissioners?
Lord Nash
As I said, regional schools commissioners and their head teacher boards are local people immersed in their local areas. They are professionals who bring consistent high expectation and responsiveness to their role. They have all been directly involved in helping turn around failing schools and have no truck with an excuses culture. So I feel that they are the right people. As we all know, sometimes petty local adult politics gets in the way of the right decision for children.
Lord Grocott (Lab)
My Lords, under the system that most of us grew up with and have got accustomed to, parents who are dissatisfied with the way in which their local school was operating had a number of local bodies to which they could go. The most obvious one, ultimately, would have been the local authority: the local councillor, or maybe even the person who chairs the education committee. Is the Minister really saying that the capacity of parents now to see as their ultimate, democratically accountable person the Secretary of State is in anything other than words a meaningful point of access for parents seeking to find out what is going wrong with their school?
Lord Nash
As I have already said, we think that parents should be more involved in their children’s education. It is the case that many academy trusts have found when they have taken the school into their group that parent engagement has been very lacking, and they have, in particular, brought attendance at parents’ evenings up dramatically. As I have said, we will put in place new arrangements whereby all multi-academy trusts and single trusts must engage on a meaningful and consistent basis with parents. Also, we will put in place a process whereby parents can bring complaints and concerns directly to the regional schools commissioners.
Children: Drugs
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Lord Howarth of Newport (Lab)
My Lords, on behalf of the noble Baroness, Lady Meacher, and at her request, I beg leave to ask the Question standing in her name on the Order Paper.
The Parliamentary Under-Secretary of State, Department for Education (Lord Nash) (Con)
My Lords, nothing is more important than keeping children safe from harm, including from drugs. The Children Act 1989 places a duty on local authorities to safeguard and promote the welfare of children. Social workers assess children’s needs and work with other agencies to provide help and support to meet those needs. Reducing drug misuse is a key part of our evidence-based drug strategy. Education plays an important role in supporting children to make healthy choices.
Lord Howarth of Newport
My Lords, I welcome the sentiment uttered by the Minister. However, is he aware of the testimony of the charity Mentor to the Home Affairs Select Committee:
“We are spending the vast majority of the money we do spend on drug education on programmes that don’t work”?
Given the very serious risks for young people exposed to unscrupulous drug dealers, should the Government not rise to their proper responsibility and ensure that the evidence-based and effective drug education programmes that do exist are provided for every child in every school?
Lord Nash
Drug education is a statutory part of the new curriculum for science at key stages 2 and 3. Teachers are best placed to understand the needs of their pupils and it is for them to develop their own PSHE programmes, drawing on resources and evidence-based tools such as ADEPIS, which provides accurate, up-to-date information and resource on what works. In March last year, we published a PSHE review of what works best in drug education and the PSHE Association has an excellent programme of study on drugs.
Baroness Walmsley (LD)
My Lords, does the PSHE curriculum include comparisons of the health harms of drugs such as alcohol, tobacco, heroin, cocaine and cannabis, including the numbers of people who die every year from their use? If the Minister does not have the figures to hand, I would be grateful if he wrote to me.
Baroness Howarth of Breckland (CB)
My Lords, the Minister will be well aware of the importance of work with families, and that there has been a substantial increase in respect of Section 47—child protection—and Section 17, which concerns children in need. I quote the sections to underline the statutory nature of the work for local authorities. We understand that, because of this increase, Section 17 work—the preventive work—is being reduced by local authorities. Is that not just the work that is needed for children living with families where drug abuse is high?
Lord Hunt of Kings Heath (Lab)
My Lords, the Minister has said that teachers are best placed to take this work forward and to use the resources available. The point being put to him is that those resources are simply not available. What are the Government going to do about it?
Lord Nash
I do not agree with the noble Lord. A massive number of programmes are available. The FRANK website receives millions of hits, and Public Health England is about to launch its new online resource for young people, Rise Above. I have already referred to ADEPIS and the PSHE Association, and we have many other resources available for teachers.
Baroness McIntosh of Hudnall (Lab)
My Lords, given that, as the Minister has just said, teachers are best placed to know the needs of their pupils, what are the Government doing to ensure that teachers are properly informed and supported in helping pupils to deal with such issues?
Lord Ramsbotham (CB)
My Lords, on the point that has just been made, a former American drug chief, General McCaffrey, coined the phrase “Prevent tomorrow’s market” as the theme of all the education that should be given in schools, but he found that unfortunately there was a lack of skilled teachers who were able to make the point. Therefore, it is very important that any programme is accompanied by the resources; namely, the people who can actually get the point across. Is the Minister satisfied that there are sufficient people with the knowledge and ability to carry out that task in our schools?
Baroness Pitkeathley (Lab)
My Lords, does the Minister agree that children who live in households where there is much drug use are at risk not only from the drugs but of becoming young carers for their parents, who are addicted? What is the Government’s policy on helping those young carers?
Lord Nash
The noble Baroness makes an extremely good point. Certainly, this is something I have seen on a number of occasions. Last month we launched a new campaign—“Together, we can tackle child abuse”—to encourage members of the public to report child abuse and neglect and just this kind of situation. I hope this has some effect on the point the noble Baroness makes.
Lord Howarth of Newport
My Lords, will the Minister enlarge on the obligations on teachers in schools that are not required to deliver the national curriculum, and the Government’s expectations of them?
Schools: Funding
Lord Nash Excerpts(8 years, 9 months ago)
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Lord Borwick (Con)
My Lords, on behalf of my noble friend Lady Eaton, and with her permission, I beg leave to ask the Question standing in her name on the Order Paper.
The Parliamentary Under-Secretary of State, Department for Education (Lord Nash) (Con)
My Lords, the current schools funding system is not fit for purpose. A secondary pupil with low prior attainment would attract over £2,200 of additional funding in Birmingham, compared with £36 in Darlington. The Government are committed to addressing this unfairness by introducing a national funding formula from 2017, based on pupils’ needs rather than purely historic calculations. Fairer funding will mean that every pupil, whatever their background and wherever they live, can achieve to the best of their potential.
Lord Borwick
My Lords, how many different local authority funding regimes are there at present? How many basic funding streams will be present after this change? May I also take this opportunity to wish my noble friend a happy birthday today?
Lord Nash
I am grateful to my noble friend for his good wishes. As local authorities are currently responsible for setting their own funding formula for schools, there are 152 varying local funding formulae. We are currently consulting on our proposals to introduce one single national formula for schools. From 2019, funding will be allocated directly to schools on the basis of that formula. This means that, for example, a secondary school pupil with lower prior attainment will attract the same amount of additional funding wherever they are in the country.
Baroness Armstrong of Hill Top (Lab)
My Lords, does the Minister accept that deprivation and need must be part of fairness?
Baroness Howarth of Breckland (CB)
My Lords, does the Minister also share my concern about services for under-fives, which I know he has come across, where specialist services are funded by local authorities at their whim? I hope that when he is reviewing the schools programme he will also look at under-five services and ensure that they get an equal proportion of funding.
Baroness Pinnock (LD)
My Lords, will the Minister share his initial thoughts on the weighting for each of the fair funding criteria, which are outlined in the government consultation, so we can understand his definition of “fair”?
Lord Watson of Invergowrie (Lab)
My Lords, without suggesting that the current funding formula is beyond improvement, the proposed national formula is another example of the Government’s centralist mindset. It is not the latest because, since this was announced, we have also had the White Paper on academisation. However, the national funding formula proposes to remove from head teachers the ability to have any say in the distribution of funding within their local area. Why does the Minister believe that civil servants are better placed, and know more, than head teachers about the funding needs of each area of the country?
Lord Lansley (Con)
My Lords, the Government’s announcement of a national funding formula, and its implementation in my own county of Cambridgeshire, is extremely welcome. Following the Chancellor of the Exchequer’s announcement in the Budget last week of an additional £500 million to support the introduction of the national funding formula, can my noble friend give an indication of how quickly the transition from the present situation to meeting the target allocations in each part of the country will be achieved?
Lord Nash
We will introduce the national funding formula for schools in high need from 2017-18 but the length of time it will take for all schools to reach their formula will be considered in the second stage of the consultation. We want areas that appear to be underfunded—I am aware that that is the case in Cambridge—to have their funding improved as quickly as possible, but also to move at a pace that is manageable for all schools.
Lord Kinnock (Lab)
My Lords, what contribution to fair funding will be made by forcing all schools to become academies, whether they want to or not, and getting rid of parent governors?
Lord Nash
The answer to the first point is that the contribution will be massive efficiency savings as schools collaborating in groups will be able to hire much higher calibre financial people and make purchasing savings. We are not getting rid of parent governors; we are merely saying that governors do not have to be parents. Schools can have as many parent governors as they need. We will also ensure that schools engage with parents on a much more consistent and effective basis than having the odd parent governor if they want it.
Baroness McIntosh of Pickering (Con)
My Lords, will my noble friend confirm that the historic underfunding of counties such as North Yorkshire will be rectified by having regard to rural depravity, isolation and rurality factors?
Lord Harris of Haringey (Lab)
My Lords, need and deprivation—I think that that is what the noble Baroness meant—are going to be at the core of the new system. Will the Minister give us an assurance now that in, say, four years’ time, when we look back at how this new formula has been applied, it will not simply have benefited Conservative-controlled areas?
Lord Nash
I can give the noble Lord that assurance. It is quite clear that the formula will benefit many areas that are Labour controlled, and it is being driven entirely on the basis that we have a level playing field for all pupils so that we can deliver educational excellence everywhere.
Baroness Hussein-Ece (LD)
My Lords, does the Minister think that the very high salaries paid in some instances to the heads of academy chains—some are reportedly paid three times as much as the Prime Minister—is a good use of public funds?
Lord Cormack (Con)
My Lords, from the dubious areas of Yorkshire to the elevated areas of Lincolnshire, surely all schools can benefit from having parent governors. Can my noble friend be a little more encouraging than he was in his answer on that subject?
Lord Nash
I entirely agree with my noble friend that all schools can benefit from that, but we are trying very hard to focus governance on skills, so that people must have the relevant skills. But they may represent all sorts of different groups, and parent governors have a great deal to contribute.