Children and Social Work Bill [HL]

Debate between Lord Nash and Baroness King of Bow

Wednesday 6th July 2016 Grand Committee

[Lord Nash]

My Lords, I am very grateful to the noble Baroness, Lady King, for raising the issue of adopters being exempt from the policy that child tax credit and the child element of universal credit will be limited to two children from April next year, and for her moving speech. I assure her that, in relation to her expectation of me, the feeling is entirely mutual. I am grateful to the noble Lord, Lord Storey, the noble Baroness, Lady Howarth, the noble Earl, Lord Listowel, and the noble Lords, Lord Watson and Lord Warner, for their comments.

I am very glad that the noble Baroness, Lady King, mentioned the experience of my colleague, Minister Timpson. I put on record the achievements of his mother, who sadly died relatively recently, in fostering over 80 children. I am very happy to be stalked by her; I think that I would probably prefer that than to be stalked by the noble Lord, Lord Warner—no offence. I am very interested in the point that she makes about the income background of people who foster and adopt. I would be delighted to meet, discuss and understand the issues further. I know that Minister Timpson has been having discussions with the DWP—it is that department’s responsibility. But, of course, I would be happy to discuss this further and take it up with the DWP. I hope that against that background the noble Baroness feels able to withdraw her amendment.

[Baroness King of Bow]

I am sincerely moved by all my colleagues who came in behind me. It means so much to me, and I thank them. I am very grateful to the Minister for his sympathetic response. I feel a duty to explain to some of my colleagues that in October I shall be taking leave of absence from this House. I would not for a second want anyone to say, “Where the hell did she disappear to?” after this discussion. Without a shadow of a doubt, this will be brought back again; I shall table it again at Report. I hope that my friends—all of you are my friends at this moment—will be able to maintain the argument, as I feel so passionately that it is important. The argument is about the illogicality of it, which I am sure that the Government do not intend. The important point made by so many is about the cost; it is so much more expensive for us to have the state taking the role that those low-income foster families are willing to take when they adopt. On the basis that the Minister has been very responsive, I beg leave to withdraw the amendment.

Adoption

Debate between Lord Nash and Baroness King of Bow

Tuesday 8th December 2015 Lords Chamber

[Baroness King of Bow]

To ask Her Majesty’s Government what assessment they have made of the drop in the number of children being placed for adoption.

[The Parliamentary Under-Secretary of State, Department for Education (Lord Nash) (Con)]

My Lords, adoption decisions have fallen by around 50% since September 2013 following two court judgments that have been misinterpreted as having changed the legal test for adoption. The Prime Minister has been clear about his commitment to ensuring that adoption should be pursued where it is in the child’s best interests. The Government are actively considering whether legislative change is necessary to ensure this.

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[Baroness King of Bow (Lab)]

I thank the Minister for the clarity of that reply. In the vast majority of cases where children are not being placed for adoption, they are instead being given special guardianship orders or placed in long-term foster care. The problem is that both those arrangements have dramatically higher breakdown rates than adoption. Given these facts, does the Minister share my sadness at hearing what a social worker told me last week? I have heard it from very many other social workers as well. The social worker told me not to advise a white couple to apply for adoption, because:

“In the last year we’ve stopped putting forward white children without severe complex needs”,

for adoption. The DfE warned that it would not hesitate to take action if placement orders fell. How and when will the DfE decide that the time for hesitation is over?

[Lord Nash]

I share the noble Baroness’s concern about this. I know that it is of particular relevance to her own experience. We have announced that we are making changes to the regulations governing how special guardianships are assessed to make it more robust. Our review of special guardianships has shown compelling evidence that they are not always assessed in a way that puts children’s interests first. We plan to publish the wider findings of that review before Christmas. As I said, the Prime Minister announced that we are considering legislative change to ensure that decisions are always made in children’s best interests, and to take proper account of the timeliness, quality and stability of placements. We will publish our thoughts in the new year and we will engage widely with the sector about this.

Child Exploitation in Oxfordshire

Debate between Lord Nash and Baroness King of Bow

Tuesday 3rd March 2015 Lords Chamber

[Baroness King of Bow (Lab)]

My Lords, I welcome the Government’s decision to view child sexual abuse as a national threat—clearly it is one. No one can be unmoved by the horrific sexual sadism inflicted on vulnerable young girls and boys, or, for example, the case of the 12 year-old girl who had to have a back-room abortion after being raped. In one of the trials, a social worker gave evidence that nine out of the 10 professionals responsible for one young girl’s safety knew what was happening but did nothing.

On this side of the House, we believe that stronger laws are needed to protect children. Does the Minister find it strange that just last week his colleagues voted against a new specific offence of child exploitation? Does the Minister feel the Government’s definition of wilful neglect does enough to ensure that individuals report signs of sexual abuse? Lastly but possibly most fundamentally, does the Minister recognise that if we want to stop dealing in disaster we desperately need age-appropriate and compulsory sex and relationship education in schools? Why will not the Government join the cross-party consensus of the Labour Party, the Liberal Democrats, the Education Select Committee and all the professionals in the field, and agree to introduce this immediately?

[Lord Nash]

As I have already said, we will consult on widening the offence of wilful neglect. I am sure that, as a result of that consultation, we will look again at all possible legislation and offences that we could bring into the piece. As no doubt the noble Baroness heard me say, sex and relationship education must be taught in all maintained schools and is taught in virtually all academies. We welcome the supplementary advice, Sex and Relationships Education (SRE) For The 21st Century, issued by the PSHE Association, the Sex Education Forum and Brook. They produce some excellent resources, which are available to all schools.

Schools: Substance Abuse Education

Debate between Lord Nash and Baroness King of Bow

Monday 2nd February 2015 Lords Chamber

[Lord Nash]

I mentioned the troubled families programme. Families affected by substance misuse are at the heart of our drugs strategy, which commits to support those with the most complex needs. I think it is true that the troubled families programme has been extremely successful.

[Baroness King of Bow (Lab)]

In 2013, the Office for National Statistics records a sharp increase of 21% in the number of deaths from drug misuse in England. Among men, deaths from heroin and morphine are up a staggering 32% on the previous year. Given the dangers of substance abuse and that those dangers are clearly growing according to the Government’s own statistics, does the Minister think that the Government should act with more urgency to find programmes that actually work?

[Lord Nash]

Among 11 to 15 year-olds drug use has continued to fall from a peak in 2013. It was down again last year. We are very concerned about “legal highs”, or new psychoactive substances, from which there have been a number of deaths. That is specifically why we have introduced the ADEPIS programme, which has produced a range of resources to support teachers when teaching about legal highs. We have already banned more than 500 new drugs and created the forensic early warning system.

Schools: Faith Schools and Free Schools

Debate between Lord Nash and Baroness King of Bow

Wednesday 28th January 2015 Lords Chamber

[Lord Nash]

I agree entirely with the right reverend Prelate. Many church schools are highly inclusive. A study by the University of York undertaken in 2009 praised the record of church schools on community cohesion.

[Baroness King of Bow (Lab)]

My Lords, will the Minister confirm that the only way to establish a faith school—like any new school—is via the free schools programme? Some of the problems that we have seen with faith schools are therefore evident more widely—namely, lack of oversight and lack of qualified teachers. As with the Al-Madinah free school and others, that lack of oversight and the presence of unqualified teachers have damaged the education of children in communities in Derby, Durham and Crawley, where free schools have had to close. I know that the Minister will say that many free schools are excellent, and he is right: free schools, like state schools, can be outstanding or inadequate. However, I hope he will agree that that is not the point. The point is that, unlike state schools, free schools can employ unqualified teachers and avoid robust scrutiny. When will the Government better protect and scrutinise the education of children in free schools?

[Lord Nash]

I point out to the noble Baroness that a faith school can be set up through the VA route, although very few are established in this way. I think I have already pointed out that our record of failure in establishing new schools is rather better than that of the previous Government. I am delighted that we are back on unqualified teachers because, if that is all we have to argue about, it clearly shows cross-party support for our education reforms. In fact, there are fewer unqualified teachers under this Government—only around 3% are unqualified. I am surprised that the Labour Party wants to restrict people from RADA or the Royal College of Music who may be able to teach for only a few hours a week in a primary school. I find it particularly surprising that the shadow Secretary of State for Education—it should be borne in mind that he is himself an unqualified teacher, went to a school which has many unqualified teachers, and failed to answer Jeremy’s Paxman’s question nine times—is quite prepared to send his own children to a school with unqualified teachers.

Schools: Arts Subjects

Debate between Lord Nash and Baroness King of Bow

Tuesday 20th January 2015 Lords Chamber

[Lord Nash]

I agree entirely. We want every child to engage in a broad and balanced curriculum; Ofsted will inspect against that, and, as I have already said, many more options are now available through Progress 8. Previously we had what the shadow Secretary of State described as the “great crime” of the C/D borderline; we will now value many more subjects widely and will rate Bs to As and Es to Ds much more highly than we have in the past.

[Baroness King of Bow (Lab)]

Does the Minister agree that none the less, if the current weighting formally undervalues elements of arts and culture within the curriculum such as art, music and sport and the other areas we have heard about in this interesting exchange, should that not be reviewed? This is about whether we have a broad and balanced curriculum, as the Minister acknowledged, which in turn requires schools to be inspected on a broad and balanced basis. Surely it becomes more important to us every day that our education policy shapes our young people to have a broad and balanced outlook.

[Lord Nash]

Ofsted does inspect on a broad and balanced curriculum; it looks in part at how pupils will participate in and respond to artistic, sporting and cultural opportunities. However, I refer to my earlier point, which the Benches opposite did not like: we started from a very low base. I should think that all Members of the House should be very pleased with the increase in and substantial enhancement of cultural and academic courses that we have produced.

Academies: Special Educational Needs

Debate between Lord Nash and Baroness King of Bow

Tuesday 16th December 2014 Lords Chamber

[Baroness King of Bow]

To ask Her Majesty’s Government what assessment they have made of the impact of academies on the education of children with special educational needs.

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

My Lords, the Academies Annual Report sets out how academies cater for vulnerable and disadvantaged pupils, including those with special educational needs. In 2013, the results for SEN pupils in primary sponsored academies improved at a faster rate than in local authority maintained schools. In secondary sponsored academies, the results improved at a similar rate to those of local authority maintained schools. The results for SEN pupils in primary and secondary converter academies remained well above those for SEN pupils in local authority maintained schools.

[Baroness King of Bow (Lab)]

I thank the noble Lord for that reply. Is he shocked by the refusal of some academies to admit pupils with special educational needs on the basis that they do not contribute to the,

“efficient education of other pupils”?

One such excluded SEN pupil was an 11 year-old boy with cerebral palsy who already had passed his maths GCSE with an A* grade and was a prefect and reading mentor at his primary school. Will the Minister take another look at academies’ admissions policies towards SEN pupils because if gifted pupils like the one I have described can be selected out, what hope is there for other children with special educational needs?

[Lord Nash]

I do not recognise the point that the noble Baroness is making. There is a clear appeals procedure in relation to SEN admissions which is followed most rigorously for all pupils with SEN.

--- Later in debate ---

[Lord Nash]

I have already answered the point in relation to 16-19 academies but all other schools must have a SENCO, and we have funded more than 10,000 new SENCOs since 2009. We have funded more than 1,000 teachers to get postgraduate SEN qualifications. We are also investing heavily in the Achievement for All programme, which is reaching many schools, to help leaders improve their SEN provision.

[Baroness King of Bow]

The Minister said that he did not recognise the case that I set out of the disabled child who was rejected on the basis of his disability. That is a well known tribunal case. There are others like it, which I will write to the Minister with details of. In the light of those cases, will the Minister review the Government’s policy in this area, as well as the fact that parents want redress at a local level when they cannot get their kids into school? They do not want to have to write to the Secretary of State.

[Lord Nash]

I will of course look at any points the noble Baroness writes to me about, but I think it is fair to say that this Government have done more than any other Government in recent generations to reform the whole provision for SEN, as demonstrated by the Children and Families Act that came through your Lordships’ House earlier this year.

Schools: Classics

Debate between Lord Nash and Baroness King of Bow

Thursday 27th November 2014 Lords Chamber

[Lord Nash]

I agree entirely with the noble Lord. I could not have put it better myself.

[Baroness King of Bow (Lab)]

Only 5% of private schools lend specialist teaching staff to state schools. If a local private school teaches classics, but the state school next door does not, does the Minister agree that private schools should make their classics teacher available? If the private schools will not help, why does the Minister think that they should continue to receive tax breaks?

[Lord Nash]

I entirely agree with the direction of travel in relation to the statements made recently by the Shadow Secretary of State for Education. It would be nice to see the independent and state sectors collaborating more. However, many private schools are very small—we all think about the very large, substantial private schools—and such arrangements would be extremely difficult. We are trying to encourage them as much as possible, particularly in subject-specific teaching, which is why we have just had this round of independent/state school partnerships.

Adoption

Debate between Lord Nash and Baroness King of Bow

Tuesday 18th November 2014 Lords Chamber

[Baroness King of Bow]

To ask Her Majesty’s Government what assessment they have made of the recent drop in referrals of children for adoption by local authorities.

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

My Lords, since 2010, adoptions have risen by 63% to a record level of more than 5,000 last year. However, there has been a significant decrease in children coming into the system since September last year. This appears to be in response to particular court judgments. Information collected by the national Adoption Leadership Board has led it to conclude that there has been some misinterpretation of those judgments. Consequently, the board has produced guidance so that everyone who works on adoption can be confident that they are interpreting the judgments correctly.

[Baroness King of Bow (Lab)]

My Lords, as the mother of three adopted children, I welcome the Government’s attempt to reform adoption. However, according to the most senior family court judge in England and Wales, Lord Justice Munby, the Government’s desire to speed up adoption has clashed with government cuts to legal aid. Is it not unacceptable that the state can say to parents, “We will take away your child” and at the same time say, “We will not guarantee you a lawyer”? Apart from adding to delays, does the Minister have any sympathy for parents facing this situation or, indeed, for Lord Justice Munby, who must rule on such cases and who says that this approach is “unprincipled and unconscionable”?

[Lord Nash]

Sir James Munby, the president of the Family Division, has stated his support of the aims of the myth-dispelling document that we published last week. He has helpfully clarified the rights of parents in this regard.

Schools: Admissions

Debate between Lord Nash and Baroness King of Bow

Tuesday 21st October 2014 Lords Chamber

[Lord Nash]

My Lords, I congratulate the church on this. It has played an active part in education in this country since long before the state got involved. Church schools generally perform better and are particularly successful at promoting community cohesion.

[Baroness King of Bow (Lab)]

Further to the last point, is the Minister aware that more state school places in England are allocated by religious selection than by ability, gender and private schools combined? Is he surprised, as I was, by this finding? Does he have any message for Simon Barrow, co-director of the Christian think tank Ekklesia, who says that he does not believe that children’s access to education should be so determined by their faith background, as this runs contrary to his Christian beliefs?

[Lord Nash]

As I said, faith schools and church schools are an essential part of our school system. They account for a third of our schools and perform generally very well. However, faith schools may give priority to children from faith, but many do not do so. All free schools and new-provision academies may prioritise only a maximum of 50%. We are keen to build a diverse system that offers parents choice but we believe that all schools should educate their children in the basic tenets of all main faiths practised in this country.

Education: Sex and Relationship Education

Debate between Lord Nash and Baroness King of Bow

Tuesday 18th June 2013 Lords Chamber

[Lord Nash]

I am aware that church schools are very good at pastoral care. However, this Government take the position that being a child in the modern world is a very complicated situation. For some children in some schools, gang issues are very important. In other schools it may be forced marriages. We trust our teachers to tailor their advice to the particular circumstances of their pupils.

[Baroness King of Bow]

I understand the Minister to be saying that he wants to put trust in schools, and I agree with that. Will he also trust the experience of young girls? One third of British girls between 16 and 18 experience unwanted sexual touching at school, and 80,000 British women a year are raped. Will the Minister not agree, therefore, with the view that this subject should not be optional and that it must be studied at school? At the very least, will he agree to meet with me and members of the Everyday Sexism Project, which has documented the scale of this terrible problem?

Schools: Sport

Debate between Lord Nash and Baroness King of Bow

Monday 20th May 2013 Lords Chamber

[Baroness King of Bow]

To ask Her Majesty’s Government what plans they have to increase sports activities in schools.

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

My Lords, the Government are providing £150 million for each of the academic years 2013-14 and 2014-15 to be distributed to every state-funded school with primary age pupils. This funding will be ring-fenced and must be spent on improving the provision of physical education and sport. Schools using this funding will be reviewed by Ofsted. The funding will complement efforts across Government which will ensure that all children enjoy opportunities to take part in sporting activities. We are also spending up to £166 million on the School Games.

[Baroness King of Bow]

Is the Minister aware that the Prime Minister has lamented the fact that elite sport is dominated by those with a private education? This happens because private schools have hockey masters, rugby masters, cricket masters, and so on, who can spot and develop talent. Is he further aware that state schools can do that only if they create the infrastructure by pooling resources essentially to do the same thing? Incidentally, that is what the school sports partnerships do. Will the Minister come to Tower Hamlets Youth Sport Foundation to see how the borough’s schools are pooling resources so that everyone can continue to keep the Olympic legacy alive and have the chance to do more sport in schools?

[Lord Nash]

I would be delighted to come to Tower Hamlets to do that. The noble Baroness may be pleased to know that, in addition to the four free schools we already have opening in Tower Hamlets, several more will probably be approved shortly. She makes a very good point about independent schools. The Headmasters’ and Headmistresses’ Conference is working on a scheme for co-operation between private schools and primary schools and King Edward’s School in Birmingham is developing a scheme and looking for other schools to do the same.