Education and Adoption Bill

Debate between Lord Nash and Baroness Hughes of Stretford

Wednesday 16th December 2015 Lords Chamber

[Baroness Hughes of Stretford]

I really meant that, in the event that the provisions of government Amendment 24 were to be invoked because an academy was either coasting or failing, what did the Minister envisage would be the timescale to get it back on track?

[Lord Nash]

For a failing academy we would proceed as quickly as we could identify an alternative sponsor. There would be no question of the school closing, unless there was no demand for the school. In all the cases that we have brokeraged, to which my noble friend Lord O’Shaughnessy referred, we have waited until we identified another sponsor and moved on as quickly as possible. Generally, we are talking about a few months.

There was a question about whether different sets of regulations would apply to maintained schools and academies. There will be just one set of regulations. This is made clear by subsection (6) of new Clause 2B.

In conclusion, I note that noble Lords support our ambition to ensure that all pupils, whatever their background, receive an education that enables them to flourish. I hope that this debate and the amendments that I have laid will reassure the House that our approach will help us to achieve this ambition. I therefore urge the noble Lords not to press their amendments and to support the government amendment that I have laid.

Special Educational Needs and Disability Code of Practice: 0 to 25 years

Debate between Lord Nash and Baroness Hughes of Stretford

Monday 28th July 2014 Grand Committee

[Baroness Hughes of Stretford (Lab)]

My Lords, a number of the points I was going to raise have already been raised so I am going to be brief. There are just a few points I would like to rehearse. First, I welcome the code of practice. It is long and complex but I have great sympathy with the people who have tried to put it together. Its language is certainly a big improvement. It is written in plain language, even if some issues about implementation still need to be a bit clearer. The Minister said rightly that this document is mainly for practitioners and managers. It has been the practice, certainly in the Department for Education and its predecessor, to produce slimmer, accessible versions for parents and young people and I wondered whether the department would consider doing this or at least commissioning someone else to do it.

Secondly, I agree with the noble Lord, Lord Ramsbotham, that the document is still a bit unclear as to what children without an EHC plan can expect. Worryingly, I found the following sentence on page 48 in relation to the local offer:

“In setting out what they ‘expect to be available’ local authorities should include provision which they believe will actually be available”.

By implication, that might include some provision that in fact will not be available. There is a lack of clarity there about what parents who have to rely on a local offer rather than an EHC plan can expect in reality. I wish the document had been stronger in its emphasis on the local authority making sure that what is in the local offer will be available to people.

Thirdly, on accountability, as the noble Baroness, Lady Howe, said, we are still waiting for the inspection framework that Ofsted was going to review and publish. I understand that the noble Lord, Lord Nash, indicated to my noble friend Lady Wilkins that an initial report would be out in late May. We have still not seen that from Ofsted, which makes it difficult to make an assessment about the accountability framework that Ofsted is going to apply.

Fourthly, I welcome the section on nought to two year-olds, and the fact that it is there, but I wonder whether the Minister could clarify something. It is written only for service providers, saying that they must do this and must do that, and does not say anything about the role of local authorities in relation to nought to two year-olds. Would he be prepared to put on record that local authorities are accountable for nought to two year-olds in terms of identifying and ensuring provision there, in the same way that they are for other age groups?

I also wanted to ask something about further education. It has come to my attention—this may be wrong, so I want to check it out—that the person designated as a SENCO in a further education college does not have to have special educational needs qualifications. Is this the case and, if it is, would the Government consider requiring those people to have those qualifications? My second point about FE is about inclusive provision. Having gone round a number of further education colleges and talked to young people, it is quite depressing, to some extent, to see what some FE colleges are providing for children with special educational needs: lots of preparation for living courses, but no identifying and enabling of those young people who could go on a mainstream vocational course. It is an option not often available to young people with special educational needs and disabilities. FE colleges should not be able simply to provide the kind of courses that they think are suitable and shoehorn people into them but should try to include disabled young people on mainstream courses for other students, where they can be included with support.

My last point is about the need for a review of the code and how it is being implemented. The Minister said that the Government would keep the code under review. The problem with that is that, if the department keeps it under review, the rest of us will really not know much about implementation. There needs to be a specific review at a point in time, the results of which are then published for us all to see.

[Lord Nash]

My Lords, I am grateful to all noble Lords for their comments and questions. I will try to address the points raised but I doubt whether I will manage to cover them all. Where I do not, I will write to noble Lords.

The noble Baroness, Lady Uddin, talked about inclusive education, particularly higher and further education. The code reflects the current position, which includes the general presumption that children with SEN should be taught in mainstream settings. That principle is extended to young people in further education through the Children and Families Act 2014. The code also highlights that schools and colleges have important duties under the Equality Act 2010 to prevent discrimination against disabled people, to promote equality of opportunity, to plan to increase access over time and to make reasonable adjustments to their policy and practice, which, since September 2012, has included providing auxiliary aid and services such as specialist computer programs et cetera. However, I note the point made by both the noble Baroness and the noble Baroness, Lady Hughes, and I would be interested to discuss further at the end the point she made to ensure that these colleges are taking their duties seriously.

The noble Lord, Lord Ramsbotham, is to be commended for reading all 270 pages. He must have done so in order to pick up the typographical error. The publication of the final code will not be determined in advance—he is right about that. However, in communicating with schools, colleges and local authorities on the implementation of the reforms, we have always made it clear that the version of the code issued for consultation on 16 April this year was sufficiently near to the final code for implementation-planning purposes. Key duties remain as they are currently for schools and early year providers. They will start to put in place from September the new approach to identifying and supporting children with SEN set out in the code and record those with SEN under SEN support in the January 2015 census. FE colleges will have a duty to use their best endeavours to ensure that young people with SEN get the help they need as they have always done, and will have regard to the approved code of practice.

We believe that the guidance provides a robust framework for supporting those without EHC plans which focuses on the impact of the support rather than how children access support according to the category they fit into. It will also challenge schools to improve the quality of teaching and learning for all pupils rather than inappropriately labelling some pupils as having SEN. The guidance makes clear that schools should involve parents in shaping the support that is provided, be more transparent about what support is available at the school, monitor the progress of all pupils and respond quickly where children are making inadequate progress. School leaders will be expected to include the quality of SEN support within their approach to school improvement, professional development and performance management arrangements.

More generally, we will keep the guidance and the code of practice under review, allowing proper time for the reforms to bed down, particularly as they are being implemented gradually from September. We made provision in the Children and Families Act for subsequent versions of the code to be approved under the negative procedure precisely to enable the code to be kept up to date more easily.

As regards the point about the Criminal Justice and Courts Bill, the Ministry of Justice has indicated that it will consult later this year on its approach to secure college rules. This will provide a further opportunity to contribute to the development of secure colleges and ensure that the needs of young people, in particular as regards their welfare and safety, are met. However, I will pass on the noble Lord’s remarks to try to ensure that when the Bill comes back later in the year he gets a better answer than the one he got last time.

The noble Lord, Lord Ramsbotham, also talked about enforceability and accountability. For the first year we will ask local authorities and parent carer forums to complete implementation surveys on a termly basis. These will focus on whether the key elements of the new statutory framework are working. We will take action, including appropriate support and intervention, where it is clear that a local authority is struggling to implement the reforms. For the longer term, we are developing an accountability framework for monitoring delivery of the reforms. We expect this to be in place from September next year. It will include an agreed approach for challenging poorly performing local authorities and taking more formal intervention action where necessary. The noble Baroness, Lady Howe, the noble Lord, Lord Low, and other noble Lords asked about Ofsted. Ofsted is now completing its survey of how local areas are working on the reforms and will make recommendations soon about the possible role of inspection in monitoring and accountability.

The noble Baroness, Lady Howe, also asked about the disabled students’ allowance. The noble Baroness will recognise that higher education institutions must meet their duties under the Equality Act. Students can challenge their institution under internal procedures if they do not get the support they should and can ultimately go to court. Currently, they would have to use the Student Loans Company procedures and, as I say, ultimately the courts. As far as appeals are concerned, the outcomes in the EHC plan are much broader than the objectives in the statement as they cover health and social care as well as education and training. Local authorities need to be able to take an integrated approach in describing outcomes in the EHC plan which reflect how a number of services may need to work together to deliver a particular outcome. Making the education and training outcomes themselves appealable could prevent local authorities taking an integrated approach in describing outcomes, but, of course, it remains the case that the special educational provision in an EHC plan is appealable through the tribunal.

My noble friend Lord Addington talked about encouraging charities to make their own version of the code in relation to their particular issues. We know that some organisations are already doing this, an example of which is the Communications Trust. I agree that such organisations are particularly well placed to do this. We are also working with the voluntary sector and other organisations to develop guides to the code of practice, particularly for parents, schools and NHS bodies. My noble friend also talked about training. In order to gain qualified teacher status, trainee teachers must meet national standards which require them to vary their approach to meet the different needs of children, including those with SEN. In 2012, some 76% of newly qualified primary school teachers and 89% of secondary NQTs rated their SEN training as “very good”. It is up to schools to decide what professional development their staff require, and it is true that the code sets out a range of sources of training materials.

For their part, the Government have supported improvements through the teaching schools programme, through their funding for the National Association for Special Educational Needs and its SEN and disability gateway, an online portal that provides access to a range of training resources, including on dyslexia, autism, speech, language and communication needs. We have also funded the training of more than 10,000 new SENCOs and are supporting Achievement for All 3As to provide leadership to help 1,200 schools in developing their provision for children with SEN. The code of practice makes it clear that school leaders should ensure that staff receive appropriate professional development, and the national training of new SENCOs includes an understanding of the main types of SEN, including dyslexia, speech, language and communication needs and autism.

The noble Lord, Lord Low, referred to special services for deaf children. The code recognises that it is up to the local authority to decide, with local children, young people and parents, what services to commission and to include in their local offer. That will include services for deaf children and those with other types of SEN. He asked whether the system will be ready in time for September. We have always been clear that the reforms will be implemented from this coming September. The key elements of the reforms were set out in a Green Paper in 2011. We have regularly been asking all local authorities in England how well they have been preparing, and local authorities are ready to go. Over 90% have reported that they are ready and the department is working closely with the others. Implementation will be gradual, and we have put in place a range of support, including the £70 million SEN reform grant in 2014-15 to help with plans for the reforms, along with £45 million in 2014-15 and £32 million in 2015-16 for the recruitment and training of independent supporters. We also have the regional SEN champions, drawn from the local pathfinders who have been testing the reforms in practice and from a range of delivery partners with specialist expertise in key areas such as person-centred planning.

I am extremely grateful to my noble friend Lord Storey for his supportive remarks. The noble Baroness, Lady Hollins, mentioned the guidance on mental capacity. We think that the guidance in the code on mental capacity is about right. It sets out how cases where young people and parents lack the mental capacity to take certain decisions under the Children and Families Act should be dealt with. We have provided a link to further advice on the Mental Capacity Act and have listed all the sections under Part 3 of the Children and Families Act in the regulations where mental capacity considerations come into play. However, I have listened to the points made by the noble Baroness and I will reflect on them. We will be able to consider this issue in a further review of the code.

Adoption and Children Act Register (Search and Inspection) (Pilot) Regulations 2014

Debate between Lord Nash and Baroness Hughes of Stretford

Monday 7th July 2014 Grand Committee

[Baroness Hughes of Stretford (Lab)]

My Lords, I too welcome in principle the regulations, which will enable access to the register by prospective adopters. As the Minister has said, we debated the principle of this extensively in the course of the Bill, when it was a Bill, and I do not intend to spend time on that. It is worth experimenting further to see if this will improve the timescales within which children can be successfully matched, provided that there are sufficient safeguards, as the noble Baroness has just said.

The safeguards as regards access by prospective adopters, and the identities of the children outlined in the arrangements, are satisfactory and robust. The issue is the one identified by the noble Baroness opposite: data security. I agree with her that we want to be as clear as possible about this.

I know the register will be separated into Part 1 and Part 2, the latter for those children who could be placed in a fostering-for-adoption placement, which is sensible and important. I simply want to make two points. One is about the consultation. Although the Minister said it was a full public consultation, there were only 41 responses to this. Given the importance of this measure, that is a very low level of response. I wonder if that is because, as the Secondary Legislation Scrutiny Committee has pointed out, there were only six weeks for this consultation over a very busy bank and public holiday period from the end of February through to April, taking in Easter and so on. That is important, and I would be grateful if the Minister could comment as to why it was only six weeks, when the normal period of 12 weeks might have got more responses and more helpful pointers from respondents.

My second set of points concerns the pilots. This is extremely important, as the Minister said, not only to ensure that the systems work, but to see if we can garner any further information about the outcomes for children from this approach. Nine months is not a terribly long period to see what happens to children as a result of adopter-led access to the register. I do not know, but there may be unintended consequences of adopter-led adoption. Surely we would want to know, for instance, if—relatively—more of these matches instigated by adopters either failed or were more successful. I have looked carefully at the explanatory notes that set out the scope of the pilot, which I think should be made a little wider, looking not just at the actual matches but at what happens to the inquiries by adopters in relation to particular children. How many of them actually lead to a match, and how many are stopped in process by social workers for whatever reason? Can we extend the remit of the pilot, so we get under the skin of what is happening before the whole facility for access goes live nationwide?

Thirdly, I have a thought. I have great respect for both the Department for Education and for the BAAF, but I wonder if there was merit in this pilot being evaluated independently, and not by either the department or the BAAF, which are obviously responsible for its administration. But I broadly very much welcome the measure, and look forward to seeing the results of the pilot.

[Lord Nash]

I am grateful to noble Lords for their comments. Turning to the points raised by my noble friend Lady Tyler, I reiterate a few points and add a few more on the safety front. Of course the safety of children—and of adopters—and the privacy of their information is paramount. The pilot will be subject to stringent independent accreditation to ensure that any risks are managed appropriately. It will be run by the BAAF, which has a very good record of this, as I said. Section 129 of the Adoption and Children Act 2002 sets out that wrongful disclosure of information on the register is punishable by a fine of up to £5,000 and up to three months in prison. Information that approved adopters will be able to access about children will not enable them to make any direct approaches. All approved adopters must give written confirmation that they will keep their password safe and will be reminded of their data protection duties. If they do not use the register within a fairly short period, they will not be able to continue to access it. We will have a pretty close idea who has access to the register at any time.

The noble Baronesses asked about the number of adoptions made. It is early days. There is good evidence from the States. We know that one-fifth of matches are made through exchange days. In answer to the point made by the noble Baroness, Lady Hughes, I can say that we will analyse in detail the experience of these matches to make sure we improve matching and for what we can learn. I pay tribute to her party for introducing exchange days in the first place.

The real driver here is to try to speed up the process. The evidence is clear that every year that children fail to be adopted reduces their chance of being adopted by 20%. We must be very mindful of the damage to those children during that time.

On the length of the consultation, I should say that we published indicative regulations five months before the consultation began, so we thought it was long enough.

I hope I have answered all the points that noble Lords made. I can think of no better way of concluding our discussions today than by quoting an adopter who visited an exchange day. The adopter said:

“For the first time, these children featured in magazines were suddenly real and we could potentially be their new forever parents… I don’t think I would have approached some of the children just by reading their profiles or seeing a picture… It was a very effective way of dispelling some preconceived ideas or anxieties about children waiting for placement”.

Schools: Teachers

Debate between Lord Nash and Baroness Hughes of Stretford

Tuesday 24th June 2014 Lords Chamber

[Lord Nash]

It is a fact that many schools, rather than go through an extensive competency procedure, which can be highly contested, decide to enter into compromise agreements in order to move teachers on earlier. These often contain secrecy clauses, but I know that this area is being considered more widely.

[Baroness Hughes of Stretford (Lab)]

My Lords, since the Minister seems to agree that good qualifications, including good degrees, are essential for good teaching, can he explain why the Government have made it legal for academies to employ unqualified people as teachers? Given this, can he assure the House that his department is monitoring the extent to which academies are doing so? How many unqualified people are now working as teachers in academies and free schools?

[Lord Nash]

I am, as always, delighted that we are having this discussion about qualified teachers because, frankly, if that is all that divides the parties, we have clearly nearly reached a consensus on our extensive teaching reforms. There are, in fact, fewer unqualified teachers under this Government than under the previous Government, despite the substantial increase in academies, which are able—as the noble Baroness rightly says—to recruit them. I will write to her with the precise figures on academy teachers but, as I say, we have fewer unqualified teachers overall. It would be unwise to deny the opportunity for, say, a professional actor or singer without QTS to teach in a school, or someone with a PhD in molecular biology to teach in a school—as is the case in one of our free schools—or, indeed, a teacher from the Guildhall School of Music and Drama to teach part time in a primary school.

Special Educational Needs (Personal Budgets) Regulations 2014

Debate between Lord Nash and Baroness Hughes of Stretford

Monday 16th June 2014 Grand Committee

[Lord Nash]

I am grateful to noble Lords for their comments and questions on the regulations. I turn first to the point made by the noble Lord, Lord Pearson, about portability. When a family moves to another area, the new local authority may review the plan and conduct an assessment but should keep the provision in the plan in place, including the provision supported by a personal budget.

I am very grateful to the noble Lord, Lord Addington, for his kind remarks and support for what we are doing. I turn to the four points made by the noble Baroness, Lady Hughes. I accept that the current evidence is not as extensive as we would all like. However, more than 500 personal budgets were in place at the last count in April, and in May 90% of local authorities said that they were ready to implement the reforms. Local authorities have expertise available to them in relation to the champions for personal budgets. SEN advisers are working with local authorities on this.

When someone’s experience is that something in the code of practice is, as the noble Baroness said, as clear as mud, it gives me cause for concern, but we will be debating this in full in the next few weeks. We feel that the guidance is appropriate but I look forward to those discussions.

I turn to the noble Baroness’s points about Regulations 6(c) and (d). We must consult about the personal budgets with parents and families as part of the process. I have to say that we have had no evidence that local authorities will use these regulations as a kind of devious reason for making the provisions available. Surprisingly, in my visits to a number of pathfinders, I found strong evidence that personal budgets resulted in a more efficient use of resources, as parents understood that this did not amount to a blank cheque, and the co-operation between parents and local authorities resulted in more efficiency.

Lastly, to deal with the point about post-16 provision, the regulations and advice that we give in the code of practice are clear that personal budgets should support provision that is appropriate to the young person as an individual. The wider provisions of the Children and Families Act contain a presumption of mainstream education for those with EHC plans, including those with personal budgets. If that is not an adequate answer for the noble Baroness I would be very happy to discuss it with her further and write to her.

[Baroness Hughes of Stretford]

I know that the Minister said we are going to debate the code of practice but what are the grounds upon which a local authority can refuse a payment? Why are those grounds not clearly listed in the regulations?

[Lord Nash]

It looks like I am going to have to get back to the noble Baroness on this. I do apologise.

Perhaps I can close with a quote from a parent on our pathfinder programme, who said:

“The flexibility is essential and means we can reflect changing circumstances’ needs. Compared to this time last year our son is a happier, less anxious, more settled and communicative child and as a consequence we as a family are able to function better and look forward more optimistically”.

I can think of no better way in which to conclude our discussions and, on that note, I hope that all noble Lords will give the regulations their support.

Schools: Bad Behaviour

Debate between Lord Nash and Baroness Hughes of Stretford

Tuesday 25th March 2014 Lords Chamber

[Lord Nash]

I agree entirely with my noble friend: eating is an extremely civilised way for pupils to learn. I recently visited Dixons Trinity free school in Bradford, which was rated as outstanding shortly after it opened and which I strongly recommend any noble Lord to visit. It has a scheme of family dining whereby pupils eat in eights, teachers join them and one pupil collects the food and serves it to the other pupils. I talked to the pupils about this and they felt that it was extremely valuable.

[Baroness Hughes of Stretford (Lab)]

My Lords, does the Minister agree that a strong PSHE programme is essential to inculcating good behaviour both in and out of school? Is it not another good reason why the Government should put a much stronger emphasis now on PSHE and require all schools to prioritise and improve their PSHE teaching?

[Lord Nash]

As the noble Baroness knows, we feel that strong PSHE teaching is at the core of all schools—we just do not think that we should legislate specifically for it, as we have discussed on many occasions in this House. We feel we should leave head teachers to adapt the particular pastoral care that they have in their schools. However, we have commissioned the PSHE Association to produce a series of case studies, and Ofsted also has produced a range of key characteristics. We are also establishing a PSHE expert group chaired by Joe Hayman, chief executive of the PSHE Association, to ensure that teachers have the support and resources to deliver high-quality PSHE teaching.

Schools: Academies

Debate between Lord Nash and Baroness Hughes of Stretford

Tuesday 4th March 2014 Lords Chamber

[Baroness Hughes of Stretford]

To ask Her Majesty’s Government, following the decision to remove 10 academies from the E-ACT Academy chain, what action they are taking to ensure that other chains are managing schools satisfactorily.

[The Parliamentary Under-Secretary of State for Schools (Lord Nash) (Con)]

My Lords, within the Department for Education we have a very tough process of performance management for academy chains. The vast majority are sponsored academies—that is, schools which have in most cases previously been allowed to languish in failure for years. Sponsored academies are now improving at double the rate of local authority-maintained schools. In the small number of cases where an academy is not performing well, we hold the trust to account and challenge it to take decisive action. We have a zero-tolerance approach to failure. Since 2011, we have issued 41 pre-warning notices to underperforming academies and these have proved highly effective.

[Baroness Hughes of Stretford (Lab)]

My Lords, the question here is not individual academies but chains that have been allowed to take over very large numbers of schools. In fact, it is reported that E-ACT, the subject of my Question, has now lost control of 10 of its 34 schools—a third—after damning Ofsted inspections of those schools. Over the weekend, we heard that another big chain has claimed £1 million for so-called ghost pupils. Has not the Secretary of State been reckless in allowing big business to take over such large numbers of our schools without any continuing oversight of its ability to do so? Will he now agree with us, with Ofsted and apparently also with his Schools Minister, David Laws, that to protect the interests of children, parents and teachers, Ofsted should be allowed to inspect not just the schools but these very big sponsoring chains?

[Lord Nash]

E-ACT was undoubtedly overambitious. It took on a lot of schools which were failing and in very challenging situations. Personally, I think that big business being involved in the academy programme is an excellent idea, and it was of course the noble Lord, Lord Adonis, who introduced this. As I said, this programme, which we are extending, is working extremely well, and we have extremely rigorous oversight of academy chains. We welcome Ofsted’s batch inspection of schools in academy chains and the support that it gets from those chains. However, Ofsted has a lot to do and, given the very tight grip that we have on the central management of these chains, we do not think that it is necessary for it to go any further than that.

Schools: Careers Guidance

Debate between Lord Nash and Baroness Hughes of Stretford

Tuesday 25th February 2014 Lords Chamber

[Lord Nash]

I agree entirely with the noble Baroness. We cannot be competitive unless we take these points on board and I will take back what she says, particularly about the assimilation into careers guidance.

[Baroness Hughes of Stretford (Lab)]

My Lords, despite the Minister’s claims, Ofsted, the Education Committee, the British Chambers of Commerce and the CBI have criticised the Government’s hands-off approach to careers guidance. The CBI said recently that careers advice is on life support now in many schools in England. Does the Minister accept that it was wrong to give schools sole responsibility for careers advice but no money to deliver it? Will the Government now act to eradicate the postcode lottery in careers guidance and insist, as my noble friend said, on independent, face-to-face advice for all young people?

[Lord Nash]

I know that the noble Baroness and I share aspirations for what we expect for young people, but the answer to her question is a firm no. As noble Lords know, the fact that the country is short of money is not this party’s fault. However, I also think that the assumption that a face-to-face interview with a careers adviser is the gold standard is a very outmoded model. As noble Lords will see when we publish our guidance, I hope shortly, we have a very strong emphasis on employer engagement, which we believe is the secret to good careers advice. I give an example: Westminster Academy, which has built up partnerships with more than 200 employers, has 73% FSM and 75% A* to C, including English and maths. I can think of no better example or argument for employer engagement on the ground, giving pupils a direct line of sight to real-life workplaces rather than just career advisers.

Children and Families Bill

Debate between Lord Nash and Baroness Hughes of Stretford

Wednesday 5th February 2014 Lords Chamber

[Baroness Hughes of Stretford]

My Lords, I thank the noble Earl, Lord Listowel, for agreeing to lead on this issue from the Cross Benches. He has been exemplary in the way that he has taken this forward once the issue arrived in this House. I also thank him and the Minister for their recognition of my very good friend Paul Goggins, who is a great loss to the other place and particularly to the cause of improving the lives of children in care.

I am also grateful to my colleagues at the other end because it was very important for us to get cross-party agreement from the two main parties, the Conservative Party and the Labour Party, to the spending commitment involved here. I am pleased that we were able to get that, so that had the Government not agreed to this today we could have given the assurance that we would want to implement it. As the noble Earl, Lord Listowel, says, these amendments extend to a national provision the pilots initiated under the previous Labour Government. I am very pleased that we are able to do that because it will make a huge difference to a great many young people.

I have read the draft guidance and very much welcome the emphasis, which the Minister referred to, on the financial support that local authorities must consider in staying-put arrangements. However, I would also reflect on the fact that the references to any tax and benefit implications for the foster families perhaps need to be strengthened. Local authorities really need to help foster carers unravel any tax and benefit implications of a staying-put arrangement, particularly when they get financial support. The key will be in getting local authorities to implement this fully. Perhaps the Minister could comment on how the Government intend to monitor what is happening so as to know how many young people are being offered, and are taking up, the possibility of a staying-put arrangement and how well those are going.

This is the last time in what has been a very long Bill that I will be on my feet this afternoon. I was reminded earlier that it was July when we had Second Reading. I would like a moment on behalf of myself and my noble friends Lady Jones, Lady Morgan and Lord Stevenson, to make some thank yous. What is remarkable is the number of very substantial improvements made to the Bill during its consideration in this House, which has shown the House of Lords at its best. Despite the fact that many of the changes which we have agreed here had been proposed in the other place and rejected, the willingness of many Members across the House to work together in common cause on key issues has dramatically improved the original Bill, as we received it. On adoption, family justice and special educational needs there are now significant changes which are very welcome. There are new areas of policy as well, as we have been discussing this afternoon, on parent carers, the protection of children from smoking and so on.

There were some lost opportunities for which there was substantial but, in the end, insufficient support to carry the day, particularly on compulsory SRE and online child protection measures. I have no doubt that we will return to those because I know that the noble Baroness, Lady Howe, is not going to give up her indefatigable campaign of online child protection issues. I look forward to supporting her in other opportunities.

While at times the pace of our considerations no doubt caused some concern for the Government, this was in no small measure due to the detailed scrutiny which Members were prepared to give to the Bill, with the time to discuss it and flesh the issues out. We were aided substantially by a wide range of organisations outside the House willing to help us to make the most of the opportunity that the Bill provided, and I thank them very much.

I thank all the Ministers and the Bill team for their willingness to meet us and to listen. They gave very generously of their time and I very much appreciate that. We had some good discussions, and obviously many of those bore fruit.

I also want to mention the Hansard recorders in Grand Committee. We stretched the normal time limits on a number of occasions and I was very conscious of that. I want to put on record that we appreciated their help.

I also thank Sophie Davis, who helps the opposition team in our office. She is terribly well organised, and I am sure that noble Lords who have had e-mails from her and the opportunity to speak to her have found that she is unfailingly courteous and very measured. She has been a great help.

Lastly, I thank the Ministers here today, the noble Baroness, Lady Northover, and the noble Lord, Lord Nash, for their constructive approach and their willingness to bring forward changes that we have discussed. I think that many of us will have heard with regrets the noble Lord’s announcement on Report that he has no intention of remaining a Minister after the general election. One may think that after making such progress with this Bill, it would be rather a waste if this were to be both the first and the last Bill that he took through this House. I hope that he reconsiders. In any event, whatever he does, we wish him well. I thank both Ministers again.

[Lord Nash]

I thank the noble Baroness, Lady Hughes, for her kind remarks. It has been a pleasure working with her and the noble Baroness, Lady Jones, over the past few months. I have never had so many compliments—certainly not so many back-handed compliments—quite so quickly. The noble Baroness might be interested to know that the draft of the few words that I might say after the final amendment said, “This is my first and last Bill”, and I found myself taking out the words “and last”, so you never know.

I echo the noble Baroness’s remarks about the noble Earl, Lord Listowel; it is in fact entirely thanks to his relentless determination on this issue that we have arrived at the point where we have today with the staying-put arrangements. I thank him for his time in meeting me and officials to discuss the matter and the clause itself. As I mentioned earlier, I would welcome comments from Peers on the draft guidance in the coming weeks, and I will take back the noble Baroness’s comments that she made today.

On the question of monitoring implementation, the noble Baroness, Lady Howarth, made a comment about implementation. I have been saying in the department for some time now that I hope we are not just going to pass the Bill and retire to the sidelines; it is all about making sure that it happens. I just had a word with my honourable friend the Minister responsible for this field and told him that the noble Baroness had made the point again about implementation, and he said that perhaps she would like to come to our first implementation meeting. It is not my brief but I shall be there, and I intend to be at as many as I can get to. As everyone has said, it is about changing practice and ensuring that it actually happens.

On the point about monitoring made by the noble Baroness, Lady Hughes, we will be monitoring the statistical returns from local authorities to assess the take-up of staying put. Also, the revised Ofsted inspection framework includes a new sub-judgment on care leavers that has a focus on accommodation, including staying put. Based on these sources of information, we will be able to identify whether any local authority is not fulfilling its duties, and will not hesitate to challenge those that are not.

We are continuing to work with sector organisations on the guidance to ensure that it supports the effective implementation of this important new duty. We are committed to doing more to support care leavers, and I believe that the proposed new clause is a crucial step forward. I hope that noble Lords will support it.

Schools: Pupil Premium

Debate between Lord Nash and Baroness Hughes of Stretford

Monday 3rd February 2014 Lords Chamber

[Lord Nash]

The right reverend Prelate is quite right to point out the problems with rural deprivation; it is similar to coastal deprivation. There are particular schemes that schools follow: mentoring; systemic feedback; much more involvement of parents; early intervention, particularly using the better teachers; and peer tutoring. Much can be learnt from groups like Ark, whose academy in Portsmouth, for instance, which is in a classic coastal town, has improved results in four years from 24% to 68%.

[Baroness Hughes of Stretford (Lab)]

My Lords, as the Minister himself just said, Ofsted has a crucial role in improving the standards of attainment for the most disadvantaged pupils. Does he therefore agree that its effectiveness depends on it being a very strong and independent organisation? Does he therefore regret the political interference of the Secretary of State in the reappointment of the current chair of Ofsted, who by all accounts has done an excellent job?

[Lord Nash]

The answer to the noble Baroness’s first question is yes. The answer to the second is that I cannot regret something that is not taking place.

Children and Families Bill

Debate between Lord Nash and Baroness Hughes of Stretford

Tuesday 28th January 2014 Lords Chamber

[Baroness Hughes of Stretford]

I am sure that the Minister will confirm this, but legally free schools are academies.

[Lord Nash]

That is the position.

--- Later in debate ---

[Lord Nash]

My Lords, I thank the noble Baronesses, Lady Hughes and Lady Jones, and my noble friends Lady Walmsley, Lady Tyler, Lady Sharp and Lord Storey for raising these important issues and bringing their experience to this matter.

The purpose of the Ofsted inspection of a childminder agency is to hold it to account for the quality of care its childminders provide, in order to deliver the best outcomes for children. Last week, Ofsted published its consultation on childminder agency inspections. This set out its proposals to ensure that Ofsted regulation of agencies will support quality improvement and will be centred on the needs of young children and their parents.

A key feature of the childminder agency model is that it is the agency rather than Ofsted that is responsible for the monitoring and quality assurance of the childminders who are registered with it. As part of the inspection of an agency, the Bill already gives Ofsted the power to inspect the individual childminders who are registered with an agency. Ofsted plans to use this to undertake sample inspections of childminders registered with agencies, which is comparable to the arrangements that already exist for Ofsted inspection of voluntary adoption agencies and independent fostering agencies.

We want to empower agencies to improve childminder quality. Requiring direct Ofsted inspection of agency-registered childminders could weaken the incentive for agencies to be responsible for improving the quality of childminders registered with them. We intend that agencies will help remove some of the burdens that childminders currently face. We do not want to complicate the quality assurance regime for agency childminders by making them subject to two separate inspections by both the agency and Ofsted.

However, Ofsted will retain its existing powers of entry to any registered childcare premises to determine whether providers are complying with requirements imposed by the Childcare Act 2006. Therefore, if there are concerns about an agency-registered childminder, Ofsted will have the power to go in and investigate, as my noble friend Lady Walmsley said. Indeed, we envisage that childminders registered with agencies will have much more contact, including more frequent home visits, than childminders currently have with Ofsted. Under the current Ofsted arrangements, a childcare provider might have to wait up to four years between inspections.

I am sympathetic to the concerns of my noble friend Lady Walmsley about the scope of Ofsted inspection of agencies, and how such inspections relate to the quality of care and education offered to children. Ofsted intends that inspection reports of agencies will consider how a childminder agency can assure itself of the quality of its registered childminders. While this was always our policy intent, I can see, for the avoidance of doubt and to make it absolutely explicit, that it would be helpful to reflect this in the Bill. I have therefore brought forward an amendment to place a requirement for this in the Bill. The amendment will require Ofsted to report on the effectiveness of a childminder agency’s arrangements for assuring itself of the quality of its registered childminders, and of the quality of experience offered to children. I hope that this gives my noble friend the reassurance she sought, and I urge the noble Baroness to withdraw her amendment.

[Baroness Hughes of Stretford]

My Lords, I thank the Minister for that reply and thank other noble Lords who contributed to the debate. I will briefly make two points. First, inspection of voluntary adoption agencies is directly comparable to the inspection of childminder agencies in the sense that with the former, the situation of the child in an adoptive situation is much more open and is scrutinised by a wide range of people. When a child is placed for adoption, the suitability of adoptive parents who have been selected and prepared by the agency is ultimately overseen by the court and will have been seen by many other professionals concerned with the child’s welfare. When young children are in a childminding situation—and we are talking about very young children—nobody, apart from the childminder, sees what goes on there day to day. It is a very closed situation.

That is why I disagree with the noble Baroness, Lady Perry, because this is one of the most important situations, which should be subjected to the highest level of inspection that we can possibly muster. Things can happen in that situation, and the quality of what is provided can be poor. That is more likely to be an issue in areas where childminders are in short supply and where children are disadvantaged in a range of other ways. Therefore, it is of great concern that we may be going in a direction in which there is less scrutiny of the situations of very young children in a childminding situation than of almost any other area of children’s social care and children’s services.

However, I note the Minister’s responses. I am also concerned that what may be driving this, as the noble Baroness, Lady Perry, said, is that Ofsted feels that it cannot manage this. The level of resource is driving the policy; we are not being clear about what we should be trying to achieve for young children by way of inspection and ensuring quality. That remains of great concern to me for the reasons I have outlined, but I accept that the Government will not move from their position at the moment, and therefore I beg leave to withdraw the amendment.

Ofsted: Annual Report 2012-13

Debate between Lord Nash and Baroness Hughes of Stretford

Wednesday 8th January 2014 Lords Chamber

[Lord Nash]

The noble Baroness makes a good point, and I am grateful to her for her work as chair of Ofsted. There are two lessons from the point she made. One is that school-to-school support is the key model. We are focusing the academy programme on a regional, school-to-school cluster basis—whether that involves national chains operating regionally or local schools supporting local schools. Those are the absolute key things that we learn from the London Challenge and the academy focus. It has to be done on a local basis.

[Baroness Hughes of Stretford (Lab)]

My Lords, at the same time as publishing his report the inspector also said that grammar schools are acting as a brake on social mobility and there should be no more of them. Do the Government agree with that as well?

[Lord Nash]

The Government are prepared to approve expansion of grammar schools but we are not in favour of new grammar schools.

Children and Families Bill

Debate between Lord Nash and Baroness Hughes of Stretford

Tuesday 7th January 2014 Lords Chamber

[Lord Nash]

My Lords, I am delighted that the noble Lord, Lord Ramsbotham, is satisfied that we are nearly there. However, as always, we do not quite seem to be there. The best endeavours clause that we are proposing for home local authorities would place incentives, we believe, in the right place—it is in the home local authority’s best interests to arrange quality provision, as it will remain accountable for the young person while they are detained and when they return from detention.

I remember many late nights in lawyers’ meetings when I have been strongly advised not to give a “best endeavours” undertaking, as it is a very strong under- taking, but to try to get away with a “reasonable endeavours” one. My legal training teaches me to believe that a best-endeavours undertaking is actually a very strong one.

The amendments specifically require the local authority to secure the special educational provision that is specified in the plan. If that is not possible, best endeavours would require home local authorities to do everything they could to arrange the special education provision specified in a young offender’s EHC plan while they are in custody—or provision that corresponds as closely as possible to it or to other appropriate provision. Some provision specified in EHC plans cannot be arranged by local authorities while a person is in custody: most notably and obviously, any requirement for a young person to attend a particular school or college, which of course they cannot attend while detained. It is for this reason that it is necessary to use the term “best endeavours”. It is a technical term that avoids placing a legal duty on local authorities which is impractical or impossible for them to deliver.

Amendment 47E does not, we believe, provide a get-out enabling home local authorities to have a free choice about which services they arrange for detained children and young people. They cannot simply decide, without robust justification, that some provision is no longer appropriate, just to avoid arranging it. Under the best endeavours duty, their starting point must be to arrange the provision specified in the EHC plan. They can arrange alternative or other appropriate provision only once they have done everything they can to arrange the provision specified in the plan.

Local authorities and the health services commissioner will be accountable to parents and young people in respect of this best endeavours duty. Parents and young people will be able to complain to their home local authority or to the health body—with ultimate recourse to judicial review. Our strengthened best endeavours duties will be accompanied by a robust code of practice.

The existing contracts for education services in public sector young offender institutions are due to end later this year. We will ensure that the arrangements made with the new education providers support local authorities as they seek to fulfil their best endeavours duty to ensure that provision in EHC plans continues to be delivered while a child or young person is in custody.

The current draft code of practice was of course written before we tabled these amendments. We will now rewrite the code to reflect them and the intent that I have today set out. I am very happy to discuss the wording of the code with the noble Lord, Lord Ramsbotham, outside the Chamber. The code is of course subject to affirmative procedure. I hope that the noble Lord will find that helpful. I look forward to those discussions with him so that it will not be necessary for us to come back to this at Third Reading.

[Baroness Hughes of Stretford]

I am not clear: could any requirements in relation to young offender or custodial institutions included in the code of practice actually be applied to those institutions? Could they come within the purview of the code of practice legally?

[Lord Nash]

I have no idea, but I hope that by the time I have finished dealing with the amendment of my noble friend Lord Addington, I might have an answer.

My noble friend Lord Addington tabled Amendment 48A to require the host local authority to make arrangements to ensure that the workforce has the skills and knowledge to identify special educational needs and put in place effective interventions. It is already a requirement of those we commission to deliver education in the youth secure estate to ensure that the needs of those young people with SEN are properly identified and addressed. Education providers in the youth secure estate are contractually required to have an appropriately trained and qualified workforce to conduct assessments. They will also have a SENCO who is responsible for managing the effective delivery of specialist SEN services.

Education providers are required to conduct an educational assessment of anyone entering custody unless this information is already known. That includes both assessments of levels of literacy, language and numeracy, and the screening of anyone who shows signs of a specific learning difficulty or special educational need. They also use a variety of tools for this purpose, including the hidden disabilities questionnaire developed by Dyslexia Action which screens for a range of hidden disabilities. Provision is subject to regular inspection by Ofsted, where appropriate working with HM Inspectorate of Prisons.

The current contract between the Education Funding Agency and education providers for young offender institutions requires all secure settings to have: procedures for ensuring that the identification and support of specific learning difficulties in young offenders is inspected, evaluated, monitored, reviewed and developed; and an appropriately trained workforce that will identify and support a young offender’s individual learning needs and deliver relevant and individually tailored programmes of learning support to those young offenders whose profiles provide evidence of specific learning difficulties. With the amendments I have proposed today, a young person identified as being at risk as a result of the screening process could be referred for a full EHC assessment. In view of this, and the existing requirements on providers and the amendments I have outlined, I hope that my noble friend will not press his amendment.

I am confident that the government amendments in this group will result in vastly improved provision for children and young people with SEN in custody, and that they address the views and concerns of noble Lords. We have made significant steps on this. As I said, I would be very happy to continue discussing this further—including, if I may, the point made by the noble Baroness, Lady Hughes.

--- Later in debate ---

[Baroness Hughes of Stretford]

My Lords, I rise briefly to make two points. First, I welcome the amendments. The wording of the government amendments is very sensible and I am pleased that the Minister has listened. The critical moment was when the Government published their policy position on this issue when it was crystal clear to everyone that the position as outlined was not reflected by the words “having regard to age” in the Bill. That was a kind of “light bulb” moment, and I am pleased that they have recognised that. The wording in so far as it goes is fine, and I am very pleased to support it.

Secondly, I commend the points made by the noble Baroness, Lady Cumberlege, repeated by the noble Baronesses, Lady Sharp and Lady Howarth. It is important that the Government pay attention to the way in which the code of practice reflects this change and make sure that the wording in the code is expansive rather than restrictive on local authorities and other service providers, so that they can look in the round at these young people as they approach and go beyond 18, in terms of their various needs, and not limit it only to a formal definition of education and training. I look forward to the Minister’s remarks on that, but I very much welcome the changes.

[Lord Nash]

My Lords, I thank again my noble friends Lady Sharp and Lady Cumberlege, as well as the noble Baroness, Lady Howarth, for their insights during Grand Committee. I welcome the opportunity that the noble Lord, Lord Pearson, has given us to clarify how we have secured continuity of adult care for young people with EHC plans. I also thank the noble Baroness, Lady Jones, for her kind remarks.

On the point made by my noble friend Lady Cumberlege, yes, we are making it clear that the outcomes that we are looking for are wider. The outcomes specified in the plan do not have to be formal or accredited; we are happy to make sure that that is clear in the code. On a point made more generally by my noble friend Lady Sharp, the draft code predates the amendments, and we will make sure that the code fully reflects the amendments, including making it clear that outcomes rather than age must be considered.

In response to the important issues raised by the noble Lord, Lord Pearson, I am delighted to state categorically that no young person who turns 18 and is in receipt of children’s social care will face a gap in provision while consideration is made about their adult care. This applies if they move to a new local authority or if their EHC plan comes to an end at that point because they are leaving education. Clause 47 provides for regulations that ensure continuity of support and provision when a child or young person with an EHC plan moves to a different local authority. For those turning 18, Clause 50 enables local authorities to extend children’s services beyond the age of 18 for those with an EHC plan where that is the best option. Provisions in the Care Bill ensure that there is no gap in care services when a young person moves to a different area, turns 18 or their EHC plan comes to an end. Those 18 year-olds who have eligible needs for care and support will in future receive a statutory care and support plan. Both we and the Department of Health are clear that this will form the care part of their EHC plan when one is in place and would continue in its own right as a statutory plan once their EHC plan is no longer maintained.

Furthermore, Clauses 37 and 38 of the Care Bill ensure that support is continued when someone with a statutory care and support plan moves to a new local authority. When a young person turns 18, Clauses 59 to 67 of the Care Bill ensure that assessments for adult care are carried out in good time so that support can be put in place promptly. In particular, Clause 67 requires local authorities to continue to provide existing support under Section 17 of the Children Act 1989 or under the Chronically Sick and Disabled Persons Act 1970 until adult care begins, or a decision is made that an adult care and support plan is not required. Young people who have made a successful transition to adulthood and are now in employment, higher education or adult learning, will continue to receive support in those settings that will enable them to maintain and build on the outcomes achieved while in formal education. For example, Access to Work is available for those in employment.

As regards the point made by the noble Lord, Lord Pearson, about the reading of the words “for some other reason”, the Department of Health is clear that this phrase does not in any way change a local authority’s duty to meet an adult’s eligible needs for care and support under Clause 81 of the Care Bill. “Other reasons” could refer to, for example, a person changing their place of residence to a different local authority area before the assessment has been completed. It does not provide carte blanche for local authorities to refuse to provide services for spurious reasons. I hope that is helpful. I believe that the amendments I am moving today represent a genuinely positive change to the Bill, which, along with reforms in the Care Bill, further strengthen arrangements for young people making the transition to adulthood. I hope that noble Lords will support them.

Children and Families Bill

Debate between Lord Nash and Baroness Hughes of Stretford

Tuesday 17th December 2013 Lords Chamber

[Baroness Hughes of Stretford]

My Lords, I shall briefly, but strongly, support both amendments. On Amendment 34A, the noble Baroness, Lady Howe, has fully explained her concerns, which I share, about the possible consequences of allowing specialist SEN academies to admit children without an ECH plan. That seems to run counter to the principle of inclusion and it also seems dangerous to admit children without that comprehensive assessment of their specific needs. I hope that the Minister will respond positively to that point.

When the noble Lord, Lord Low, moved Amendment 16A in Committee, he rightly said that although the code of practice had improved guidance on inclusion, in the Bill as it stands, inclusion is not referred to anywhere. Given the commitment of the Government and of noble Lords across this House to increase access to mainstream schools and to act in accordance with the recommendations of the JCHR, it seems very odd that this overarching principle is not enshrined in the legislation.

The purpose of the amendment is to insert that general principle alongside other general principles that are included in the Bill. As the noble Baroness, Lady Warnock, has said, this is not about pushing inclusion above everything else; it is about parental choice. At the moment, because local authorities and schools have not moved far enough towards making mainstream schools accessible to disabled children, many children are denied that choice.

Clause 19 sets out other key principles to which local authorities must have regard in fulfilling their obligations under Part 3: the wishes and feelings of children and their parents; the importance of child and family participation in decisions; providing adequate information; and supporting the child’s development and educational progress. Those are all very important. But equally important, I would argue, is the principle that local authorities should seek to maximise the opportunities for inclusion.

As the noble Lord, Lord Low, told us, when the Minister was arguing against the amendment in Committee, he said that the Bill maintained the general principle of inclusion in a number of other provisions and went on to list some of them. He also said that schools and colleges had important duties under the Equality Act and he told us about other measures that the Government were adopting to help mainstream schools improve their ability to include disabled children more effectively. However, he did not tell us why the Government would not accept this amendment alongside the other general principles that appear on the face of the Bill. If the Minister is not minded to accept the amendment today, I hope that he will not rehearse that information as we have already heard it and it is on the record. What we really want to know is why he will not accept the general principle of inclusion sitting alongside the other principles in Clause 19. That would send a strong signal to all educational settings, and to local authorities, that they must up their game and move closer and faster to being able to offer places to disabled children. That would catalyse a very positive and marked shift. I hope that the Minister will accept the amendment today.

[The Parliamentary Under-Secretary of State for Schools (Lord Nash)]

I thank the noble Lord, Lord Low, and the noble Baronesses, Lady Warnock and Lady Wilkins, for tabling Amendment 16A, and the noble Baroness, Lady Howe, for tabling Amendment 34A. I had an extremely helpful meeting with the noble Lord, Lord Low, and the noble Baronesses, Lady Howe and Lady Wilkins, recently, and I am grateful to them for helping me to understand these issues. As noble Lords know, they are, of course, immensely knowledgeable on this matter. They have spoken eloquently about an issue that I know is important to many in this House—inclusive provision for children and young people who have SEN or are disabled. We have had an informed and passionate debate.

Amendment 16A picks up a recommendation from the Joint Committee on Human Rights, as the noble Baroness, Lady Lister, a member of the committee, mentioned. The Joint Committee welcomed the Bill as containing,

“a number of provisions which … enhance the UK’s implementation of some of the relevant rights of children and young people”.

Those include the general principles in Clause 19; the extension of education, health and care plans to young people up to 25; the requirement for academies to be covered directly by the statutory framework for SEN; the duty to provide SEN information to children and young people; the measures to ease transition from children’s to adult services; the explicit reference to assist in preparation for independent living in a local offer; and the provision of direct rights of appeal for young people and the proposed piloting of children’s rights of appeal. However, the Joint Committee felt that including a principle on inclusive provision in Clause 19 would demonstrate the Government’s commitment, under the UN Convention on the Rights of Persons with Disabilities, to the progressive realisation of the right to inclusive education.

I make it clear at the outset that the Government are fulfilling their commitments under the UN convention. The Bill maintains the general principle of inclusion and does so through some of its key provisions. It places duties on schools and colleges to use their best endeavours to ensure that those with SEN get the support they need and holds a presumption for inclusion in relation to choice of schools and colleges through Clause 33. However, it also recognises that children and young people have different needs and different preferences for where they wish to be educated, including specialist settings such as special schools and independent specialist colleges. That is entirely consistent with the reservation and interpretative declaration that the Government made to Article 24 of the UN convention recognising special schools as part of the general schools system.

Beyond the Bill, as we have discussed in previous debates, local authorities, schools and colleges have important duties under the Equality Act 2010 to prevent discrimination against disabled people, to promote equality of opportunity, to increase access over time and to make reasonable adjustments to their policies and practices. Indeed, it was this Government, in 2012, who included schools in the provision of auxiliary aids and services, such as specialised computer programmes, sign language interpreters and hoists, within the reasonable adjustments duty under the Equality Act. I made a commitment in Grand Committee to look at the scope for improving the links to the Equality Act duties in the SEN code of practice and I am happy to reaffirm that commitment now.

We have previously discussed the inclusive schooling guidance. One of the striking findings in the responses to the Green Paper Support and Aspiration was that nearly half of those who responded to a question about the guidance did not know that it existed. That is why we put the key elements of it into the code of practice. I am happy to consider how the code of practice can be further improved in that regard. In view of all that, we do not believe that it is necessary to add to the principles in Clause 19 to fulfil our commitments under the UN convention. The principles in Clause 19 are designed to underpin the key features of the reforms, placing the views, wishes and feelings of children, young people and parents at the heart of the system and placing a focus on improving outcomes. They apply irrespective of where children and young people are educated.

We have heard in other debates about the important role that specialist provision plays in supporting disabled children and young people and those with SEN. The noble Lord, Lord Low, referred to the importance to parents of having that choice. Amendment 16A could run the risk of being perceived as a threat to specialist provision and as encouragement to local authorities not to place children and young people in specialist provision where that is appropriate for meeting their needs and where parents wish it, and could threaten the viability of high-quality provision for children and young people with SEN. I know that that is not in any way the purpose of the amendment, but it is an example of the kind of balance of arguments that we have to weigh.

The Government take very seriously their commitment to the convention. In addition to the provisions in the Bill and the government amendments on disabled children and young people that we will be debating later, we have taken a number of practical steps to build the capacity of mainstream schools and colleges to support children and young people who have SEN or are disabled. I spoke about these in Grand Committee. The noble Lord, Lord Low, referred to them as “soft measures”, but I would not describe them as such. They are certainly extensive. I will not go through them in detail, because I know that noble Lords have heard this before. However, we have invested considerable sums of money in training: there are over 10,000 new SEN co-ordinators, a number of schemes to develop the training of SEN, we have made grants to the Institute of Education, and we are involved in many other projects.

Chapter 6 of the draft SEN code of practice provides strong guidance to all mainstream early-years settings, schools and colleges to ensure they have high expectations for all pupils and students, provide high-quality teaching, have clear systems for identifying those who need additional support and provide that support as quickly as possible. We make it clear that schools are responsible for setting their own priorities for the continuous professional development of their staff and we recognise the key role played by the SEN co-ordinator in this and in other ways. In addition, as noble Lords know, the Bill now includes a new clause on supporting children with health conditions. Noble Lords will see that a number of government amendments have now been tabled to include disabled children and young people with SEN in the scope of a number of key provisions in the Bill. I will speak about those amendments shortly.

On Amendment 34A, tabled by the noble Baroness, Lady Howe, I understand her concerns and those of other noble Lords about the provisions in Clause 34(9), but I hope to reassure them. Clause 34(9) would enable a child or young person with special educational needs but without an EHC plan to be admitted to an individual special academy or special post-16 academy whose academy arrangements permit this. The admission of children or young people without EHC plans to special academies or special post-16 academies would be limited to those academies where the Secretary of State for Education had specifically agreed to permit that in the funding agreement in relation to specific types of children.

I reiterate what I said when we debated this issue in Committee. This is not a blanket policy and it is also definitely not part of any dark plan. On the contrary, the Government’s intention is to facilitate innovative new approaches and provision for the benefit of children and young people with SEN. The Secretary of State would look carefully at the detail of any proposal made by a special academy or special post-16 academy and would consider its educational merits and viability. Indeed, we have approved 16 free special schools. All are able, as things stand, to apply to the Secretary of State to have the competence within their funding agreements to admit non-statemented pupils. That is the status quo. Only one has so applied. They were approved to admit, on a temporary basis only, children with autistic spectrum disorder or with specific communication and language difficulties, but as far as we know none has been so admitted.

Concerns have been expressed by the noble Lord, Lord Low, the noble Baroness, Lady Howe, and others that children and young people might be forced into special provision and parents coerced by local authorities into placing their children in special schools. We will ensure safeguards against that are in place. First, the relevant academy’s funding agreement must stipulate that the special academy or special post-16 academy could admit only children or young people without plans who had a particular type of SEN set out in the agreement. Changes that suggested reducing the number of places for children with statements to enable the admission of children without statements would not be approved unless the case was supported by the local authority and by parents, and a lack of demand for statemented places could be demonstrated. Secondly, such a child or young person would be admitted to the academy only if their parents or the young person had applied to go to it. Thirdly, the child or young person should have those particular needs and their admission should be supported by a relevant professional opinion, such as that of an educational psychologist. Of course, parents of young people will continue to have the right to ask for a statutory assessment of their child’s needs to be undertaken and a right of appeal to the tribunal if the local authority decides not to carry one out. The academy would also have to adopt fair practices for such admissions in line with the principles of the school admission code. We would take very seriously indeed any instances where these freedoms were being abused. Very significantly, the new secondary accountability, the best eight progress measures, will become the main measure by which we assess the performance of all maintained schools and academies. This new approach will strip away the previous perverse incentives and will hold schools to account for the progress made by all their pupils, not just blunt measures of absolute attainment at grade C. This will move schools that have focused too much on those pupils who can achieve a C grade to focus on the progress of all their pupils and should particularly benefit SEN pupils in those schools.

--- Later in debate ---

[Baroness Hughes of Stretford]

My Lords, Amendment 17 would, for the purposes of Sections 22, 24, 25, 26, 27, 30, 32 and 62 of Part 3, include children with a disability under the Equality Act. It would interpret children and young people with SEN to include children and young people with a disability as well. The Government have tabled a number of amendments, I think, to achieve the same thing.

I will be very brief as this is not now contentious, given that the Government have moved on the issue, but my amendment would ensure that key clauses that relate to identifying children with needs, duties of the health authority, joint commissioning arrangements, the duty to keep provision under review, the local offer, advice and information for parents and so on would all now apply equally to disabled children without a special educational need under the terms of the Equality Act. This is important, not only in principle, but also in its practical effects, particularly for the local offer, which we will debate later on Report. The local offer is particularly important for children with a disability but without a special educational need because that is now to be the only way in which they can get services that they and their families need. It is very important for the local offer, particularly Clause 26 on the joint commissioning arrangements between health education and social care. When they are looking at what is needed in an area they will have to take into account the needs of all children with a disability, including those without a special educational need, which was not the case under the Bill as it was drafted.

I very much welcome the Government’s concession here, as far as it goes. The Minister knows that I would have preferred to have an amendment to apply the whole of Part 3 to children with a disability as well. That would have achieved a truly inclusive, integrated and comprehensive system for all disabled children, whatever their disability and whatever the extent of their need. Many feel that this was the promise of the Green Paper. However, we have come part way and that is to be welcomed.

Turning to the government amendments, I think that my Amendment 17 has the advantage of being completely comprehensible when you read it, but the 40-odd government amendments are not so easily understood. I understand that it has been done in this way to achieve a more comprehensive effect and I look forward to the Minister explaining that. I beg to move.

[Lord Nash]

My Lords, it may be helpful if I outline our government amendments in this group to enable noble Lords to have a debate if they wish to. In Grand Committee we had an extensive debate about the support for disabled children and young people and I know that this is an issue on which the noble Baroness, Lady Hughes, has reflected deeply, as have I since then. Many Peers expressed concern that disabled children and young people without SEN would miss out on the benefit of our reforms and, at the time of the debate, I introduced a government amendment to require schools to make arrangements for supporting children with medical needs. I also asked for help from noble Lords in understanding which groups of disabled children would not be supported by this Bill, the government amendment in respect of children with medical needs, the provisions of the Equality Act 2010 and Part 3 of the National Health Service Act 2006.

Following the debate, the Every Disabled Child Matters campaign sent some very helpful advice to the department in which it said:

“The Government rightly made the point in the debate yesterday that disabled children and young people are already protected by a range of other legislation, such as the Equality Act 2010, the NHS Act 2006 and the Children Act 1989.

We would like to stress that our concern is not about the rights of individual children and young people who may have a disability but no SEN. We completely accept that on an individual level they are protected under the Equality Act 2010 and other legislation. Our concern is about disabled children and young people as a group not being included in the joint commissioning arrangements, review functions, and local offer duty”.

It went on to suggest which clauses in the Bill might be amended to achieve this—Clauses 22, 24, 25, 26, 27, 30 and 32—and drafted a single amendment to deliver this. I am grateful to the noble Baronesses, Lady Hughes of Stretford and Lady Jones of Whitchurch, for their amendment, which is largely based on the Every Disabled Child Matters amendment.

We agree with Every Disabled Child Matters that the clauses identified should be amended. However, our view is that, by relating the provision for disabled children and the young people to special educational provision, a single amendment would not deliver the outcome that we all want, and that we need to amend each clause.

Clause 22 would be amended to require local authorities to exercise their functions with a view to identifying both the children and young people with SEN and disabled children and young people. Clause 24 would be extended to require health bodies to inform the child’s parents and their local authority where they are of the opinion that a child under compulsory school age has, or probably has, a disability. Clause 25 would now require local authorities to exercise their functions with a view to ensuring the integration of education and training provision with healthcare provision and social care provision for children and young people with SEN and disabled children and young people, where they think that this would promote their well-being, including in relation to their participation in education, training and recreation. In Clause 26, the duties on local authorities and their partner commissioning bodies to make joint arrangements for the commissioning of education, health and care provision for children and young people with SEN would be amended to include disabled children and young people.

Clause 27, which currently requires local authorities to keep under review the special educational provision and social care provision for those with SEN, would be extended to cover provision for disabled children and young people. They will broaden it to cover all education and training provision, not just special educational provision, for children and young people who have SEN or are disabled.

The amendments also require local authorities to consult disabled children and young people and their parents when carrying out that duty. The provisions in the local offer would include disabled children and young people, both in relation to the information to be published and in developing and reviewing the local offer and publishing comments. In Clause 32, the requirement on local authorities to arrange for young people with SEN and parents of children with SEN to receive advice and information on SEN would be extended to include provision for disabled young people and the parents of disabled children to be provided with information about matters related to disability. I have also tabled an amendment, which we shall come to later, to extend the requirement to cover children themselves as well as their parents. Clause 73 would make it clear that the definition of disability applied to the provisions covered by these government amendments is that in the Equality Act 2010.

Noble Lords will also be aware from commitments that I made in Committee that we are looking at ways of strengthening links to the Equality Act duties, including those to make reasonable adjustments in the SEN code of practice. The amendments that I am speaking to today will sharpen the focus on the Equality Act duties considerably. Since the code of practice is statutory, the guidance that it provides cannot be ignored. I will respond to the debate in the normal way in due course but I hope that noble Lords are reassured by these amendments.

[Baroness Hughes of Stretford]

My Lords, I thank the Minister for his explanation and I beg leave to withdraw the amendment.

Children and Families Bill

Debate between Lord Nash and Baroness Hughes of Stretford

Monday 9th December 2013 Lords Chamber

[Lord Nash]

My Lords, I am grateful to those noble Lords who have contributed to this debate. I am acutely aware of the concerns Peers have raised about this clause. I thank particularly my noble friends Lady Hamwee, Lady Eaton, Lord Storey and Lord Eccles for helping me to understand the nature of those concerns.

Following constructive discussions, I am persuaded that the Government’s amendment and the commitment to report to Parliament do not provide for the parliamentary scrutiny that many noble Lords would wish to see. I am therefore very grateful to my noble friends for tabling their Amendments 4A to 4D and 6A. I am persuaded that it is right for a direction to all local authorities to be subject to full and rigorous scrutiny by Parliament. I therefore confirm my support for their amendments and, if they are accepted, I will not of course need to move my Amendment 6.

Before I address Amendments 4 and 5 I remind noble Lords of the rationale of the clause as set out in the recently published policy statement. The clause is intended as a backstop should the current and significant efforts of local government and voluntary agencies prove insufficient. Unfortunately, we have to accept that this is a possibility as adoption agencies have to work within a flawed system. The fundamental problems are the structure of provision, based around local boundaries, and the unhelpful incentives associated with this structure. This constrains the ability to recruit adoptive parents in sufficient numbers. As a result, the system fails to deliver enough adopted parents to meet national demand, as we have already discussed.

However, let me be quite clear: it is the system that is failing to meet national demand, not the individual local authorities and voluntary adoption agencies that make up the system. The distinction is important and can be demonstrated by statistics. Recently published Ofsted data showed a 34% increase in adopter approvals in 2012-13 compared to the previous year. This is a huge achievement on the part of individual agencies. Local authorities have delivered a 32% increase in adopters recruited and approved and voluntary adoption agencies a 53% rise, and they should be congratulated.

Impressive though these numbers are, the sad truth is that this is still not enough to meet the needs of the number of children waiting for a loving home. At the end of March 2013, there were 6,000 children approved by the courts for adoption, waiting to move in with a permanent family. This is 15% higher than the year before. Furthermore, we estimate that we need around 3,100 additional adopters to meet the existing demand of the children who were already waiting with a placement order.

So we face a real challenge to recruit more adoptive parents. To meet it, we need to transform the system and tackle the underlying structural problems. I feel that we are well placed to do so. After welcome and constructive discussions with colleagues from local government and the voluntary sector, we have an agreed proposition for a national adoption leadership board. This is a significant milestone and demonstrates a collective commitment to take nationally driven action to close the adopter recruitment gap. The board’s members will be senior figures from the core organisations within the adoption system in England. I therefore see this board as the principal forum to deliver significant improvements in the performance of the adoption system.

Under the board’s leadership, we expect to see significant changes in the shape and structure of the providers available, including increasing consolidation and scale among local authority adoption agencies; growth in the capacity of the voluntary sector and an increase in the proportion of adopter approvals for which it is responsible; and more partnership working between local authorities and voluntary adoption agencies, local authority employees, spinouts into mutuals and the entry of some new providers.

These sorts of things are already happening. For example, I was pleased to see from the recent Ofsted publication that, as my noble friend Lady Hamwee referred to, 12 local authorities now provide adoption services under joint arrangements. These are Bedford borough and Central Bedfordshire; the west London tri-borough; Leicestershire and Rutland; Shropshire and Telford; and, as the noble Baroness, Lady Hughes, referred to, Warrington, Wigan and St Helens.

I also welcome the partnership arrangements that exist between local authorities and voluntary adoption agencies—for example, those operating in Harrow, Kent, Cambridgeshire and Oxfordshire. We just need to see these types of arrangements happening more quickly and more often.

Clause 3 therefore provides levers of last resort. It is the backstop to a number of things that Government are doing to support local authorities and voluntary adoption agencies. I have already mentioned the Government’s support for the new national adoption board. We have invested £150 million through the adoption reform grant to support local authorities in 2013-14. We are also investing £16 million to build the capacity of the voluntary sector.

We know that these investments are having an impact. We expect there to be a number of new voluntary adoption agencies in the near future and we know that many local authorities have made good use of the adoption reform grant. For example, they have recruited additional staff, provided staff training and development and funded a range of marketing activities to recruit more adopters. I was particularly interested in the work the Southwark area is doing, as I have already mentioned. It used some of its funding to develop an innovative recruitment campaign to target harder-to-reach prospective adopters using a reward scheme. Southwark is also working with Lambeth to fund an outreach worker to promote the recruitment of adopters from the BME community.

I will now explain the government amendment, which tries to address some of the concerns raised in Grand Committee. Amendment 6 delays the implementation of new subsection (3)(c) until March 2015 at the earliest. It therefore provides more time for current reforms to embed and for the new leadership board to have an impact. The Government also commit that the Secretary of State will report to Parliament before issuing any direction under new subsection (3)(c).

This report would set out an updated analysis of the state of the adopter recruitment market. It would cover both the local government and voluntary sectors and analyse their current structure and effectiveness. It would also include the latest estimate of the adopter recruitment gap. In essence, it would justify the requirement for a direction under new subsection (3)(c). Any such direction would provide sufficient time for new arrangements to be put in place. This is an important point as structural change cannot happen overnight.

[Baroness Hughes of Stretford]

My Lords, I would like to clarify whether the Minister is withdrawing Amendment 6, as I thought he stated earlier on.

[Lord Nash]

Yes, if I accept Amendment 6A, I do not have to move Amendment 6, because it is covered, I believe. If that is not clear, we will have a further conversation, I am sure.

[Baroness Hughes of Stretford]

For absolute clarity, is the Minister saying that he is withdrawing Amendment 6?

[Lord Nash]

My Lords, I am and I am accepting Amendment 6A.

In the period prior to March 2015, the Secretary of State would retain the capacity to issue directions under new subsections (3)(a) and (3)(b), if absolutely necessary. As I set out in my policy statement, these directions would follow due process. For example, they would be preceded by a letter setting out the Secretary of State’s intention to issue a direction. This would explain the underlying reasons and provide the affected local authorities with an invitation to respond. Only then would the Secretary of State take a final decision to issue the direction. In considering the issuing of any direction, I expect the new adoption leadership board to play a key advisory role.

Amendment 5 would largely reduce Clause 3 to an intervention power to tackle individual local authorities. But this is not the purpose of Clause 3 which, as I have said, is intended to tackle whole-system failure. Nor would such an intervention power be necessary. As noble Lords are aware, the Secretary of State already has the power to intervene if the performance of individual local authorities requires it.

We have already seen a welcome increase in the number of adoptive parents recruited. This is testament to the efforts of adoption agencies to rise to the challenge. Simply having Clause 3 in the Bill has undoubtedly helped to galvanise agencies, as referred to by my noble friend Lord Storey, but Amendment 5 would simply undermine this stimulus to further progress. I therefore urge the noble Baronesses not to move it.

Turning to Amendment 4, the Government do not agree that directions to “one or more descriptions” of local authorities under new subsection (3)(b) should also be subject to the affirmative procedure. New subsections (3)(b) and (3)(a) provide the Secretary of State with the flexibility to take swift, decisive action if required. For example, to answer the point made by the noble Baroness, Lady Meacher, they could be used to direct a small number of local authorities who were resisting a successful regional initiative, driven by other local authorities, to collaborate and work more efficiently. A direction given in this way would be the result of a dialogue with the affected authorities. It would thus be an iterative process, not a unilateral declaration.

I can confirm to my noble friend Lady Hamwee that it is not the intention to use new subsection (3)(b) as a method of achieving the aim of new subsection (3)(c) without the affirmative procedure. My noble friend also asked whether the direction has to be about all the functions in subsection (2), or merely some of them. She is right; it can be about all or any of the three function in that paragraph.

I understand that the noble Baronesses, Lady Hughes and Lady Meacher, and the noble and learned Baroness, Lady Butler-Sloss, wished to make the case for the affirmative procedure and I have agreed that this should apply in relation to new subsection (3)(c). I am also surprised that Amendment 4 does not encompass the March 2015 milestone. This is an important staging post to ensure the reforms have maximum impact. I therefore ask the noble Baroness, Lady Hughes, to withdraw her amendment.

Education: PISA Results

Debate between Lord Nash and Baroness Hughes of Stretford

Tuesday 3rd December 2013 Lords Chamber

[Lord Nash]

I am grateful to the noble Lord for his comments. He made his opening point extremely eloquently and I think we all realise that you do not turn around an ocean liner in a couple of years. He is absolutely right and we should all just avoid having that conversation in the future.

[Baroness Hughes of Stretford]

If the Minister will give way, I have to clarify the points I made in my opening speech. It was not that I expected the Government to have turned around a tanker. What I said was that substantial progress had been made during the years of the Labour Government, and necessarily so because of the state of the education system in 1997. In their three and a half years, the Government could have built on that progress rather than starting again with some very destructive reforms.

[Lord Nash]

We will have to beg to disagree on this because I do not see our going from seventh to 25th in literacy, from eighth to 28th in science or from fourth to 16th in maths as progress.

The noble Lord, Lord Rooker, referred to a war room. I look forward to him perhaps taking me to visit that school at some stage. I entirely agree on the question of leadership. I was particularly impressed when I visited the Perry Beeches schools in Birmingham, which are run by an inspirational head, Liam Nolan, and by how he has managed to turn around a number of failing schools. He has not only kept in place people who were clearly not performing well under the previous regime but promoted them to very senior positions.

I entirely agree, too, about governing bodies. Whether the school is a local authority maintained school, a church school or an academy chain, real decisions can often be made in the governing bodies and we are focusing much more on them. We have recently made it absolutely clear that governing bodies should focus on a few key things: the vision and strategy of the school, holding the head to account for the attainment and progression of pupils, the performance management of his or her staff, and the finance. We need smaller governing bodies, in many cases, but with many more of the appropriate skills.

Local Authorities: Child Protection

Debate between Lord Nash and Baroness Hughes of Stretford

Tuesday 26th November 2013 Lords Chamber

[Lord Nash]

I will have to write on this to my noble friend and will do so.

[Baroness Hughes of Stretford (Lab)]

My Lords, in the light of the shocking findings published today by the Children’s Commissioner—that the extensive use by boys of adult pornography is fuelling sexual exploitation and abuse of girls on an apparently massive scale—what action are the Government taking to ensure that social workers and teachers in particular are better equipped to protect young people from this new and escalating abuse taking place among them? In view of the widespread concern across the House about these serious issues, will the Minister host a meeting with the commissioner and interested Peers to discuss further her findings and recommendations?

[Lord Nash]

We take this matter very seriously. There are a number of programmes from CEOP and UKCCIS to help teachers in this regard and we are strongly focusing on this. I would be delighted to host the meeting to which the noble Baroness refers.

Children and Families Bill

Debate between Lord Nash and Baroness Hughes of Stretford

Monday 11th November 2013 Grand Committee

[Baroness Hughes of Stretford]

Will the Minister answer two questions given that the statement of policy intention talks about the 20 childminder agency trials that are now up and running, with which the Government are testing this idea? In summing up, will the Minister say how many of the agencies in the trials are private sector companies as opposed to local authorities or voluntary organisations? Do the Government have any knowledge or evidence from anywhere else in the world of private sector companies being given responsibility for the regulation and inspection of childcare providers?

[Lord Nash]

My Lords, I would like to speak to the group of amendments including Clause 74 stand part, Amendments 237, 239, 240 and government Amendments 240A to 240Q on childminder agencies. As regards Clause 74 stand part, I welcome the opportunity to discuss this issue. There are superb childminders right across the country, but their numbers have fallen significantly in the past 20 years. Through the introduction of agencies we aim to increase the number of childminders in the market, and provide an affordable, high-quality service to parents. This is enabling legislation. Childminder agencies will be voluntary. No childminder will be forced to join an agency. However, some childminders, especially those new to the profession, may want to take advantage of the support that agencies can offer.

Securing high-quality outcomes for children is central to the agency concept. The noble Baroness, Lady Morgan of Huyton, the chair of Ofsted, told us when we met with Peers last week that when childminders work together, there is a clear improvement in quality. Ofsted regards this as a way of professionalising the sector and driving up standards. Ofsted will play an essential role in ensuring this through its inspection of an agency—including, for example, observing a sample of childminders registered with the agency to make sure that the agency is providing a high-quality service.

Children and Families Bill

Debate between Lord Nash and Baroness Hughes of Stretford

Monday 4th November 2013 Grand Committee

[Baroness Howarth of Breckland]

I apologise for intervening. Having been a director of social services and having had to set those priorities, I understand completely what the Minister has said, but what I do not understand here is that if all these things are already set out in statute and are “may” duties, not “must” duties, as the noble Baroness, Lady Hughes, pointed out, why can we not pull them all together in this Bill? It would make it a fine Bill rather than a good Bill. Nothing is being added if the Minister is saying that the Chronically Sick and Disabled Persons Act and the children legislation already have these things. Are the local authorities not going to have to set their priorities anyway?

The other point I want to make is that we will have education and health but not social care; social care will again be relegated as the poor relation. I have not seen how the pathfinders have looked at this, but if they have considered them all as one, that would be a good indicator of the way forward.

[Baroness Hughes of Stretford]

Before the Minister responds, perhaps I may also give him the opportunity to deal with a point. He seems to be making a distinction between social care, special educational needs and healthcare. He said that there is a general duty in the Chronically Sick and Disabled Persons Act because social care needs, and therefore duties, are essentially limitless. That is why local authorities must be protected so that they can decide their priorities in the context of their resources. However, surely the same argument could be made about healthcare. Health needs and their care are essentially limitless, so the health service has to decide on its priorities in relation to its resources. Yet here the health service “must” provide the services set out in the plan while the same does not apply to social care. I do not see the distinction, certainly not between social care and healthcare in regard to the point about being essentially limitless.

[Lord Nash]

I am grateful to both noble Baronesses for their interruptions. As I said in my letter—and will now elaborate on a little—the reason is that we do not wish to imbalance the system so that giving children EHC plans results in deprioritising other children, given a climate of limited resources, which we all know —I hope—that we live in.

It is expected that any social care service specified in the EHC plan will be provided. We do not want to create a situation where local authorities specify only a bare minimum of services, because they cannot know the precise resource constraints that may apply in the future.

Noble Lords will be aware that the Bill places a duty on health commissioners—taking the point of the noble Baroness, Lady Howarth—to deliver the health elements of an EHC plan. As part of the SEN reforms, the Government have agreed to take specific action to protect children and young people with EHC plans within the newly reformed NHS. The education and health services are universal and it makes sense that there should be equivalent duties to provide the services in EHC plans. On the other hand, social care support for children in need is targeted only at those with greater needs, of whom disabled children form a significant proportion. As I said in my letter, to which the noble Baroness, Lady Hughes, referred:

“There is a greater risk that an individually owned social care duty for children with EHC plans will adversely affect other vulnerable children whose needs could be deprioritised, such as those needing child protection services or young carers”.

Social workers must be free to consider family, educational, social and environmental circumstances and local eligibility criteria when determining which services to provide. Local authorities with finite resources must be able to prioritise appropriately those children and young people with the greatest needs, whether or not they are disabled or have SEN.

Schools: Curriculum

Debate between Lord Nash and Baroness Hughes of Stretford

Wednesday 30th October 2013 Lords Chamber

[The Parliamentary Under-Secretary of State for Schools (Lord Nash) (Con)]

My Lords, perhaps the noble Baroness could send a message to the noble Baroness, Lady Massey, that we wish her a speedy recovery.

All mainstream academies and free schools, whether they be faith schools or non-faith schools, must deliver a broad and balanced curriculum. That is a non-negotiable element of their funding agreements. Other state-funded schools, including faith schools, must also deliver the national curriculum and a broad and balanced education for their pupils, as specified in Section 78 of the Education Act 2002.

[Baroness Hughes of Stretford]

I thank the Minister for that reply and will pass on the good wishes that he has expressed in the House to my noble friend Lady Massey.

Is the Minister aware that, in the light of concerns over many months about the extent of new risks to young people from social media, the internet and grooming, Members across the House and in the other place, schools, children’s organisations and now even Nick Clegg and the Daily Telegraph are calling on the Government to update the guidance to schools on the sex and relationship education curriculum, which was first issued in 2000? Would that not be eminently sensible, and can the Minister tell the House why the Secretary of State has refused to do so?

[Lord Nash]

My Lords, we looked at that recently during the PSHE review and concluded that the SOE curriculum provides a good foundation on which teachers can build. We trust teachers to deliver the education that pupils need and adjust it for the modern world. Technology is moving very fast, and we do not think that constant changes to the regulations and top-down diktats are the way to deal with this.

Children and Families Bill

Debate between Lord Nash and Baroness Hughes of Stretford

Wednesday 23rd October 2013 Grand Committee

[Lord Nash (Con)]

My Lords, this is our first debate on Part 3, and it has been excellent and extensive. I should particularly like to thank the noble Baroness, Lady Howarth, for her opening remarks. I thank all noble Lords who have contributed and shared their great experience and expertise. I am also grateful to those who have taken time over the summer to help me, as the new boy, to understand the issues and the history in this area, particularly the noble Lords, Lord Low, Lord Rix and Lord Ramsbotham, the noble Baroness, Lady Warnock, and my noble friends Lady Cumberlege, Lady Eaton and Lord Storey.

Before moving my Amendments 241A and 274 and respond to specific points in the debate, I hope that the Committee will find it helpful if I set out the context of our reform programme. Part 3 will deliver the biggest change to the system since the reforms that flowed from the report of the noble Baroness, Lady Warnock, in 1978. Her work transformed the lives of many children and young people, allowing them to enjoy the benefits that a high quality education can bring. We have seen other changes in law and society that have shaped this country’s view of disabled children, including such important legislation as the Disability Discrimination Act 1995 and the Equality Act 2010 and, of course, the great success of the Paralympics last year.

The changes we have seen for this group of children in our lifetimes and the challenges ahead were brought home strongly to me when I visited Chailey Heritage School with my noble friend Lady Cumberlege at the start of the school year. There I saw an institution that was founded out of charity to provide training in crafts to children born “crippled”, as it was termed then in the East End of London. Now it offers outstanding education, care and support to children and young people with the most profound and complex needs who, with excellent teaching, care and the aid of modern technology, are being supported to learn and to fulfil their great potential. Disabled children and children with special educational needs must all be treated first as individuals. They all have different needs. It is the Government’s concern, as I know it is of everyone in this room, to ensure that our services are supporting each of them and their families in the best way they possibly can.

I pay tribute to the work and legacy of the noble Baroness, Lady Warnock, and to the tireless work of many of your Lordships in championing the rights of children with SEN and disabled children. I also know that I do not need to tell you that, despite all the successes of the past 30 years, the current system is not working as it should. Fundamentally, successful reform will be about a change of culture. As we all know, it is tempting to think that by legislating a word here and a new duty there we can solve complex issues. However, what matters is how professionals work with children and families. Many noble Lords here have direct experience of the struggles that families can face. All of us know people who have had to fight to get the support that their child needs, grappling a faceless and apparently endless bureaucracy in a system that seems set up not to help but to frustrate.

This reform aims to change that. Its simple but ambitious aim is to unite services around the needs of the family, putting children, young people and parents at its heart. Legislation cannot do that alone but the Bill sets the framework to support the right ways of working. The detail is in the code of practice, which I hope noble Lords have now had the opportunity to read. It has been informed by the experience of the pathfinders. They are showing how services can come together and how families can help share the available support. I hope that those noble Lords who were able to hear from some of the pathfinders last week found their experiences both helpful and encouraging. I was struck then, and on my visits to pathfinders in Greenwich and Hertfordshire, how they were working with families to develop support that meets their needs and the impact that that support and the new ways of working were having in a much more co-operative environment.

Turning to the definition of SEN, this group of amendments reflects concerns that some children and young people might miss out on the benefits of the new system. A great many noble Lords have spoken about this and I apologise if I do not mention them all by name. It is not the Government’s intention to prevent any group of disabled children from receiving the support they need. We must ensure that all children who need support to access education because of disability or a special educational need can do so. The definition of SEN is deliberately broad:

“A child or young person has special educational needs if he or she has a learning difficulty or disability which calls for special educational provision to be made for him or her”.

The Bill defines a learning difficulty or disability as,

“a significantly greater difficulty in learning than the majority of others of the same age, or … a disability which prevents or hinders”—

a child or young person—

“from making use of facilities”.

[Baroness Hughes of Stretford]

On that point, I wonder if the Minister will accept—as we talked about when we met him this week, and based on the contributions from others today—that there is a degree of circularity in language and in practice around this definition. As we heard from the noble Baroness, Lady Grey-Thompson, and others, very often the access to education and learning implications of a disability are not recognised by schools or local authorities as a special educational need and, under the definition of this Bill, if they are not recognised as a special educational need then they will not fall into the scope of the Bill. This is a big problem that everyone has been trying to clarify. I realise that it is very complex but we need to get to the hub of this. I would be grateful if the Minister could explain, outside the circularity of this language, why the Government are excluding the kind of young people that the noble Baroness, Lady Grey-Thompson, and others were referring to.

--- Later in debate ---

[Lord Nash]

The noble Baroness is right that the definition has not substantially changed. Our position is that most disabled children—75%, according to one study—have a special educational need, and the others are covered by other legislation, particularly after the amendment that we tabled today. I would be grateful for guidance on those categories of children that we may have missed and how we could help them further.

[Baroness Hughes of Stretford]

On that point, I think that it would be helpful, if we are to help the Minister, if he could first tell us which other legislation he thinks covers the other 25%, and then we can think about which other groups might not be covered. Is it not anyway the case that what the Government are attempting to introduce here is a new integrated system with a local offer attached? That would still mean that 25% of children could not be avail themselves of the integrated provision in the new integrated system proposed under the Bill.

[Lord Nash]

The Equality Act, the Children Act and the NHS Act are the relevant legislation, but I will provide further details and more granularity on that. I repeat that the Bill is about educational needs—but we will go away to consider this further.

On categories of children who are not covered by existing legislation, the noble Baroness, Lady Grey-Thompson, made the point about physiotherapy and missing school, among others. I would like to understand more about whether, in the modern day, children to which she referred would be covered by the Bill or existing legislation. In response to the concerns expressed by my noble friend Lord Storey about whether special educational provision includes provision to enable children to access education, the answer is yes. I will write to him with more details.

The noble Baroness, Lady Howe, asked whether the code of practice is intended to marry up with the Equality Act. The answer is that it does. We believe that it does—and we are clear that we must make appropriate links between SEN and the Equality Act duties in the code of practice, and are happy to look again at the scope for improving the draft code of practice on this.

Children and Families Bill

Debate between Lord Nash and Baroness Hughes of Stretford

Monday 14th October 2013 Grand Committee

[Lord Nash]

My Lords, I thank the noble Baronesses, Lady Hughes and Lady Jones, for raising this extremely important issue. The amendment gives me the opportunity to say that I have published draft regulations for your Lordships’ consideration. I completely agree that contact between siblings can be of great importance and extremely beneficial—this is not in dispute. However, I hear what the noble and learned Baroness, Lady Butler-Sloss, my noble friends Lady Hamwee, Lady Walmsley and Lady Benjamin, the noble Earl, Lord Listowel, and the noble Lord, Lord May, have said. I am afraid that we do not agree that amending Section 34 is the right thing to do. The Family Justice Review recommended that the Government should consult on whether Section 34 should be amended, along the same lines as proposed in this amendment. We did just that. Drawing on the experience and knowledge of a number of experts, we agreed that amending the law was not the right thing to do, and that more work needed to be done to improve practice and facilitate positive contact between siblings.

When the child’s local authority is considering what contact there should be—whether with the child’s parents or siblings—the authority must ensure that it is consistent with safeguarding and promoting the child’s welfare. In doing so, the draft regulations require local authorities to have regard to the child’s care plan. We consider that that is the right approach. Current regulations already require local authorities to consider and review contact arrangements with siblings. Local authorities are under a duty to include in a child’s care plan details of how they will meet the child’s needs in relation to all family relationships. This includes arrangements for promoting and maintaining contact with siblings.

[Baroness Hughes of Stretford]

I wonder whether the Minister could develop his argument and try to convince us. First, what was the reason given by the respondents in that consultation as to why changing the law was not the best course of action? Secondly, picking up on the point made earlier by the noble Baroness, Lady Walmsley, why does the Minister think the current requirements on local authorities in the regulations, to which he is referring, are patently not working, as so many children in care are losing contact or are not placed with their siblings?

[Lord Nash]

I am grateful for the noble Baroness’s further question. We consulted a number of experts, including Dr Beth Neil, Fran Fonseca, Jack Smith, Linda Jones, Roger Morgan, Julie Selwyn and Alan Rushton. They felt that this was a matter of practice and that more work needed to be done to improve practice. I agree, and I share the noble Baroness’s concern about this. In the light of the feelings expressed today, it is a matter that we need to look at again, but our current thinking is that it is a matter of practice and not a question of changing the law.

When siblings are looked after but are not placed together, their individual care plan must set out the arrangements made to promote contact between them. The care plan must be reviewed regularly, which allows for the arrangements to be revised as the child’s circumstances change. Sibling contact is already provided for in the Children Act 1989, and the court must consider contact arrangements before making a care order. The looked-after siblings can apply to court for contact. We have specifically ensured that the court continues to consider contact arrangements through Clause 15.

As for the question about children in care homes, which was raised by my noble friend Lady Walmsley and the noble Baroness, Lady Howarth, I can give the commitment that we currently have a programme of work to look at how to improve the quality and support of practice in children’s homes. I shall ask my officials to look specifically at the issue of siblings being placed together as part of this work. It is true that Ofsted should look at how siblings are placed in children’s homes.

--- Later in debate ---

[Lord Nash]

We will note the noble Earl’s question and feed it into the considerations to which I referred.

[Baroness Hughes of Stretford]

First, I thank all colleagues who have contributed to this debate, because their contributions added considerable weight to my introduction. There was obvious support across the Committee for this amendment and the issue. The noble and learned Baroness, Lady Butler-Sloss, and the noble Baroness, Lady Hamwee, were able to give us some direct testimony of children, and the noble Baroness, Lady Howarth, as ever, gave us her insight into what is going wrong with the system and why things are as they are.

I am pleased that the Minister said that he has heard the strength of feeling on this issue. He made two points in response. The first was that a number of experts had said that because this was a matter of practice, changing the law was not the right way to try to improve contact between siblings in those care cases. There is a dynamic relationship between the law and practice, is there not? We frequently set out what professionals ought to do in legislation. Yes, we may flesh it out further in regulation, but practice is often defined in legislation. His second point was that we already have regulations that require that. Clearly, they are not working when so many children in care—by accident, as the noble Baroness, Lady Howe, said; it is not intended—are by default losing contact with their brothers and sisters.

--- Later in debate ---

[Baroness Hughes of Stretford]

My Lords, I do not want to delay the Committee but I want to make a few quick comments in support of this amendment. It is very dear to my heart, as I was Minister of State for Children when we instituted the pilots to which several noble Lords have referred. One reason we did that was because, in the White Paper we wrote at that time, I felt strongly that one of our guiding principles in going forward and trying to improve the situation for children in care—a view shared by members of the Committee—was that we should provide them, as far as possible, with the same opportunities that we would want for our own children. As so many noble Lords have said, we have seen a social change over the last 20 years in that our young adult children do not leave home at 16, 17 or 18. Even if they go to university, their bedroom is still there and they come back. They often come back after they have done their studies and they now do not leave home until, on average, their mid-twenties. When the state is the parent, we have to aspire to the same opportunity for those children for whom we are collectively responsible. This is one of the most compelling reasons why we should extend these pilots and make them national.

The benefits to the young people in the pilots have already been well expressed and I will not rehearse them. There is, of course, a cost. The Department for Education has estimated, on the basis of the pilots, that the cost of instituting Staying Put nationally would be £2.7 million. I know that it does not work out as an average because some local authorities have more children in care than others, but, on average, that is £18,000 per annum, per local authority—not per child or per placement: per local authority. So the costs, relative to the benefits, are very small and, as we have heard, there are additional savings to the state from some of the state-funded benefits and support that would have been reduced in the pilots.

The Minister in reply to the previous debate said that helping care leavers to stay in education and training was vital. He also said that when the legislation is being changed, we need evidence of impact. I put it to the Minister that this particular proposal satisfies both of those criteria. If we were in government, and if we are in government again, this is something we would definitely be looking at to see if we could fund because the costs relative to the benefits are also small. I hope the Minister will consider this favourably.

[Lord Nash]

My Lords, I welcome the opportunity to debate the important subject of how local authorities support care leavers. I fully understand concerns raised by noble Lords, including the noble Earl, Lord Listowel, the noble and learned Baroness, Lady Butler-Sloss, the noble Baronesses, Lady Young, Lady Massey, Lady Morgan and Lady Howarth, the noble Lord, Lord Ponsonby, and my noble friends Lord Storey, Lady Howe and Lady Walmsley, and many external parties about the ongoing support for care leavers. As the noble Earl has said, we have had the opportunity of discussing this matter privately on a couple of occasions recently. I look forward to further discussions with him on this matter as he knows I also feel strongly on this subject.

We have emphasised the importance of staying put in revised statutory guidance, because we recognise that for many young people the ability to stay on with their former foster carers, particularly when they are in further and higher education, is the right decision. The Minister for Children and Families wrote to all directors of children’s services last October, encouraging them to prioritise their staying put arrangements, so that all young people who wanted to could benefit from this provision. I accept there is more to do. Naturally we are disappointed that the 2013 statistical returns from local authorities show only a marginal increase in young people in staying put provision. However, we should recognise that these figures collected by local authorities are a snapshot at 19 and they run only until March 2013, so there is not much time to see the impact of the actions we have taken since 2012. Moreover, they do not tell us about the number of young people who might be benefiting from this provision from the age of 18, and who will leave this arrangement before they turn 19. From next year the department will be collecting data at age 18, 20 and 21, and will be able to see from 2014 how many young people are benefiting from this provision before and after the age of 19.

Our approach is and has been to improve practice. We are continuing to look for ways to promote and encourage this. We have already worked with Her Majesty’s Revenue and Customs and the Department for Work and Pensions to issue practical guidance on staying put to help carers and local authorities around tax and benefit issues. As I have already said, the revised Ofsted inspection framework that comes into practice in November has a specific focus on the quality of leaving care services. A focus on the care leaver assessment will be on accommodation, and inspectors will consider staying put opportunities. Being able to stay in placements beyond 18 is mentioned within one of the grade descriptors of the care leavers’ judgement. We will monitor closely the reports on these inspections and feedback from care leavers, and expect to see significant improvements in 2014 and 2015 in the number of young people staying put. In addition, through our work with the National Care Advisory Service, my department will encourage local authorities to share effective practice where they are making good progress in this respect. While doing everything that we can to promote staying put, we must recognise that this sort of provision will not be appropriate for all young people. Care leavers, like their peers, have different needs, and attitudes regarding their transition to adulthood. The crucial point is that young people should be offered a range of placements that are safe and suitable, and meet their individual needs. I want to reassure noble Lords that the Government want to encourage all looked-after children to stay in care until they are 18 and beyond, where this is the right choice for them. We want to do everything we can for all care leavers.

I recognise the strength of feeling expressed today, and wish to take the issue away to consider further what more we can do to increase the numbers of young people in staying-put arrangements. I understand that noble Lords feel there is a case that all we are doing is not enough. I have asked my officials to work further with the Fostering Network and others on this issue. The noble Baroness, Lady Hughes, mentioned a figure of £2.5 million, which is no longer our view of the figure, although it is a figure that the Fostering Network has recently come up with. We believe the figure is considerably higher, but we will be working with the Fostering Network to see if we can pin this figure down further. I would be pleased to discuss this issue further with the noble Earl over the coming weeks.

I hope that what I have said reassures noble Lords of our commitment to this issue and I therefore urge the noble Earl, Lord Listowel, the noble Baroness, Lady Young, and my noble friends Lady Sharp and Lady Walmsley not to press their amendment.

Children and Families Bill

Debate between Lord Nash and Baroness Hughes of Stretford

Wednesday 9th October 2013 Grand Committee

[Lord Nash]

I begin with the proposal to remove the clause, but most of what I will say is also relevant to all the amendments. I think that we would all agree that we have an undoubted problem in the narrow but important function of recruiting, assessing and approving a sufficient number of prospective adopters. The statistics are stark. As I have already said, the average length of time that it takes for a child to be adopted from entering the care system is two years and seven months, and of course this conceals many children who do not get adopted.

My noble friend Lord Storey said that there is poor performance by local authorities in only a minority of cases, but I respectfully suggest that the figure of two years and seven months denies that. However, I agree with him that there is good practice: in West Berkshire, for instance, the figure is a year and a month. I question why many if not all local authorities cannot do the same.

At the end of March this year, there were 6,000 children with placement orders waiting to move in with a permanent family. This is 15% higher than a year previously. When compared with the 3,980 children adopted from care last year, one can see that this is a very significant backlog. Indeed, one cannot conclude from this backlog anything other than that the system is broken and we are facing a real crisis.

In order to find families for all the children waiting to be adopted, we have estimated that we would need around 2,000 more adopters than are currently approved and waiting to be matched. We would then need at least a further 700 additional adopters each year to meet the growing demand from children waiting. Ofsted data tell us that in the year ending March 2012 just over 25,000 enquiries about becoming an adopter were received, but these resulted in only around 4,000 applications to become an adopter—a 16% conversion rate, which I suggest is very low.

The size of the recruitment gap requires us to take radical and immediate action to resolve the underlying problems within the system. These were set out in our January publication, Further Action on Adoption. We currently have around 175 adoption agencies, many operating at too small a scale to be efficient, yet they have no incentive to expand and meet the needs of children outside their local area. Even worse, some local authorities turn away prospective adopters because they do not need them themselves.

A further problem is that, while some local authorities work in constructive partnerships with voluntary adoption agencies, too many commission from them only as a last resort. In large part, this is a consequence of local authorities acting as both a provider and commissioner of adoption services. By this, I mean that they are trying to find or commission adoptive parents on behalf of the child while simultaneously trying to recruit or provide those same parents. There are also issues around the level of fees that are paid to voluntary adoption agencies.

These underlying problems have resulted in a system that fails us in national terms; a system that is unable to make best use of the national supply of potential adopters or respond effectively to the needs of vulnerable children waiting for a loving home and a system that provides no incentives to individual organisations to address a national shortage of adopters. These problems are not the fault of the individual adoption agencies concerned. Indeed, many are doing their best to rise to the challenge and we know that there are some good examples of partnership working between different agencies:

Harrow, Kent and Cambridgeshire, for example, have all contracted elements of their adoption service to the voluntary adoption agency Coram. Oxfordshire has brought in the Core Assets Group to run its adopter assessment process. Three boroughs in London—Kensington and Chelsea, Westminster and Hammersmith and Fulham—and three unitary authorities in the north-west, Warrington, Wigan and St Helens, have merged their adoption services in order to save money while improving quality.

The problems result from the flawed way in which the current system is structured and operates. We therefore require a structural solution that tackles these systemic problems; a solution that incentivises and enables the recruitment of a far greater number of adoptive parents. Clause 3 provides for such a solution.

[Baroness Hughes of Stretford]

I have been accused of being rather unkind to the Minister in thinking that there might be some plans already as to how to do that. He said that this needs a structural solution to address a national problem and that Clause 3 of itself is that solution. In fact, Clause 3 of itself is not that solution. Clause 3 would pave the way for a solution but we do not yet know what that solution and change of policy might be, as the noble Lord said. Can the Minister indicate the kind of solution that Clause 3 would pave the way for so that we might have some indication of the Government's thinking?

[Lord Nash]

Yes, I did say that Clause 3 provides for such a solution. It is not a solution in itself. As I said to the noble Baroness earlier this week, there is no dark plan and no end game. The fact is that the system is working poorly and erratically. There is good practice and there is clearly bad practice. Adopter recruitment could clearly be done more efficiently and on a greater scale, which may involve working more closely together. Of course, the sector may take time to develop and recognise that, which is why we have funded voluntary adoption agencies substantially in order to stimulate them. The power is necessary to stimulate change and I am grateful to the noble and learned Baroness, Lady Butler-Sloss, for supporting the Government in having a power.

Turning to Amendments 14, 16 and 17, Clause 3 is not therefore intended to tackle cases of poor performance or service failure within individual local authorities. Our recruitment problem is not the result of individual failure and, if it was, the Secretary of State already has substantial powers to intervene. We therefore do not consider that the amendments, which would effectively use Clause 3 as an additional intervention power for a small number of local authorities, are necessary.

I am aware that the structural change proposed under Clause 3 would be substantial. I also acknowledge the view of the Delegated Powers and Regulatory Reform Committee concerning the delegation of a power of such scope. With respect to all the amendments, and with particular reference to Amendments 13 and 15, I would therefore like to reassure the Committee that I am keen to continue to listen to views as to how this power could best be used. In due course, the Government will then bring forward their own amendment which is likely to provide greater clarity about the process by which the power might be exercised.

When I write to Members of the Committee following this debate, I will provide a summary of the many steps that the Government have taken to support voluntary adoption agencies, as the noble Earl, Lord Listowel, requested. Briefly, we have invested £150 million in local authorities through the adoption reform grant and recently announced a £16 million boost package for voluntary adoption agencies which will help to recruit and approve more adopters. In terms of stimulating the system generally, as the Committee will know, we have introduced the national gateway. I therefore urge my noble friends Lady Hamwee, Lady Walmsley and Lord Storey, and the noble Baronesses, Lady Hughes, Lady Jones and Lady O’Loan, not to press their amendments.

Children: Adult Material Online

Debate between Lord Nash and Baroness Hughes of Stretford

Wednesday 19th June 2013 Lords Chamber

[Lord Nash]

Or televisions, for that matter. I agree. However, it is a fact of life these days, I am afraid, that the internet is the pavement for our children. That is why this is such an important issue, and parents do not understand enough about it.

[Baroness Hughes of Stretford]

My Lords, schools are also central to safeguarding children in this area. Yesterday the Minister said that teachers should be able to teach internet safety effectively in computing classes. With respect, I doubt that anyone knowledgeable in this area agrees with that view, because it requires teachers trained in addressing these difficult personal and social issues with young people—and that will not happen in a computing class. One of the most compelling arguments for statutory personal, social and health education within the national curriculum is the provision of specially trained teachers. Will the Government now consider making these important child safety issues part of the national curriculum?

[Lord Nash]

The noble Baroness and I entirely share that view about the importance of teaching children PSHE. We are bringing in e-safety for the first time in both primary and secondary computer science—and we trust teachers to deliver the pastoral care that their children need. Oddly, the Opposition, who are the party of the unions, do not seem to do so. However—I said it twice yesterday and I shall say it again today—we are not going to make PSHE statutory.

Schools: PSHE

Debate between Lord Nash and Baroness Hughes of Stretford

Tuesday 11th June 2013 Lords Chamber

[Lord Nash]

My noble friend raises a very good point. All schools should focus on their pupils’ diet and health, including home health, because we know that so many pupils suffer from poor parenting. I will write to her more specifically about what we are doing in this regard.

[Baroness Hughes of Stretford]

My Lords, the worldwide campaign against violence towards women, along with recent criminal cases, has highlighted the danger that internet pornography presents to children and young people. The Children’s Commissioner’s inquiry shows that many young people are exposed to internet pornography through their schools and their friends. What guidance have the Government issued to schools to help protect children from exposure to internet pornography? Is this issue not a really good example of why we now urgently need statutory PSHE?

[Lord Nash]

I entirely agree with the noble Baroness’s point about the danger of internet pornography, which is a much bigger issue than just in schools. We are working with the industry, through the UK Council for Child Internet Safety, to make it easier than ever for harmful and inappropriate internet content to be filtered from home broadband and all devices. The top five ISPs have committed to having parental controls in place by the end of 2013. On 18 June, the Secretary of State for Culture, Media and Sport will meet internet businesses to see what more they can do to tackle illegal online pornography. Further work is also going on in this regard.

Children: Care

Debate between Lord Nash and Baroness Hughes of Stretford

Wednesday 13th March 2013 Lords Chamber

[Lord Nash]

The noble Baroness raises a good point. This is something that we will consider carefully in the consultation. It is not our intention, which is to provide higher-quality care by more highly qualified staff. All the evidence is that children from deprived backgrounds in particular, who have a deficit of structure and language in their home lives, need higher-quality staff to care for them.

[Baroness Hughes of Stretford]

My Lords, the Government’s proposals will allow childminders, for example, to look after six babies at any one time: two aged six months and another four aged 12 months. Does the Minister think that it is possible for one childminder singlehandedly to provide safe, good-quality care for such a group of babies? If so, what evidence have the Government examined to support this, and to form their view that this will not be detrimental to the development of those children?

[Lord Nash]

As I said, the evidence is clear that high-quality childminders are what we need. The ratios that we propose compare favourably with those of other countries that we have visited. We will take these matters into account in the consultation.

Children and Young People

Debate between Lord Nash and Baroness Hughes of Stretford

Wednesday 23rd January 2013 Lords Chamber

[Lord Nash]

I shall try to get the words out in the right order now. I agree that many children in children’s homes have had failed foster placements. Our statistics show that 29% of children placed in children’s homes have had five or more previous placements. I have met quite a few children who have had over 20 placements. That is why we set up the expert working group: to look at how to improve the quality of support these children receive, building on good practice. This group has now reported to Ministers, and Ministers will make announcements on this shortly. We recognise Break’s impressive record—four years is an impressive average length of stay—and that is why we invited Hilary Richards of Break to be a member of the department’s expert group on quality.

[Baroness Hughes of Stretford]

My Lords, before he lost his job, the previous Minister for Children, Tim Loughton, said that it was a scandal that there remains under this Government,

“an enormous and widening attainment gap”,

between children in the care of the state and their peers, and that this is still evident throughout the school system and in further and higher education. In welcoming the noble Lord to his brief, which I think includes educational attainment, can he tell the House what priority he will put on the educational attainment of children in care and what steps he will take to close the attainment gap?

[Lord Nash]

The Government have strongly encouraged local authorities to have a senior educational officer known as a virtual school head to track closely the progress of every child in care and ensure they receive the support they need. Children in care are entitled to free early education for two year-olds, the pupil premium while at school and the new 16-to-19 further education bursary. Every child in care has to have a personal education plan setting out how they will be supported to fulfil their potential. Every school, including academies and free schools, has a legal duty to have a designated looked-after child teacher, and children in care get top priority in school admissions.