Schools Bill [HL]

Debate between Lord Nash and Lord Triesman

Committee stage & Lords Hansard - Part 1
Monday 13th June 2022 Lords Chamber

[Lord Triesman (Lab)]

My Lords, I rise to speak to Amendment 169. I express my gratitude to both Ministers on the Government Front Bench for a very helpful conversation. In the course of what they will say, they may well be able to allay some of the anxieties that I have expressed about the position of adopted children in the past. I greatly appreciated that, and want my appreciation recorded.

Amendment 169 is not about the big issues on admission which we have been discussing, although I completely associate myself—if I can pick just one of my noble colleagues—with my noble friend Lady Morris about geographic and local coherence in the arrangements we make. This amendment may appear to be a small and detailed matter by comparison, but I can assure the Committee that it is of the first importance to the small number of people who are impacted by it. Amendment 169 addresses the difference in educational access and assistance experienced by children adopted from care internationally, contrasted with those who are adopted from care in the United Kingdom, and the impact of these differences on their education and life prospects.

I declare an interest as the proud father of a quite exceptional adopted daughter who became part of our family on the third day of her life and is a great blessing. When I first spoke about this matter in the House, she was 10; she is now 13 and, until the discussion I had today, it appeared to me that nothing had moved forward in those three years of her life. However, I think that we will hear something rather more different today.

Adopted children face many challenges which are well documented. Many have special needs, some far greater than others, and, in many cases, because some spend years in care before finding a loving family home, they experience many of these difficulties to a very great extent. The care they experience is of very mixed quality, especially abroad, and they carry that experience alongside the fundamental experience of loss of attachment throughout their lives. There are multiple studies in the leading peer-reviewed journal, Adoption & Fostering, which most Members of the House will feel establishes the facts beyond dispute. The impact on these children has also been largely experienced by children from particular countries: China, India, Thailand, Ethiopia, Guatemala and some from Russia. As your Lordships will easily detect, the impact of discrimination has therefore been far greater on children of colour.

The scheme of intercountry adoption is regulated by the Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption 1993. It was ratified by this country, among the then 24 EU members, and it says that all children adopted from care overseas should have the same rights as those in the receiving countries. There was nothing at all unwilling about our participation, and I note that David Cameron was in the forefront of making all kinds of adoption, here and abroad, easier. I hope that in the course of this discussion, we will hear about changes being made to the School Admissions Code, so that it will require local authorities and other admissions bodies to give the same top priority for pupil places to children adopted from state care in this country.

In case it is not well understood, although I suspect that it will be, I add that most of the children who are adopted from overseas, once they are adopted, come here and become United Kingdom citizens. The question on their parents’ minds will be, “Why on earth would they have worse prospects than comparable United Kingdom citizens?”. It is acknowledged that this would be discrimination between kids adopted here and overseas, and it would violate the 2010 Equality Act which states in terms that there must be no discrimination in school admissions based on country of origin.

The data is strong. While I will not delay the Committee for long, it is always worth trying to use an occasion like this to underpin why the changes are necessary. Some 94% of peer-reviewed papers show adoption to be correlated with lower academic attainment and related behaviour problems. This is clear among very young children and gets clearer with age—it is most acute among teenagers. Of the issues faced by children, trauma around attachment and anxiety about the loss of attachment are absolutely distinct and significant in all the research. Some 80% of adopted children express profound confusion and anxiety at school; two-thirds report that they are bullied. Neither they nor their parents feel, in an overwhelming proportion of cases, that they have had an equal chance. To underline the point as thoroughly as I can: adopted children are 20 times more likely to be excluded than their classmates. In the first three years of primary school, they are 16 times more likely to be excluded. None of these data are spurious; they all meet high levels of statistical significance and confidence.

I was very grateful to hear what the noble Lord, Lord Lucas, said a while ago about the role of parents, because I feel that I am talking about the same thing. It is inevitable in these circumstances—and I believe quite rightly—that parents have the central role. It is not a mainstream role for national or local government for obvious reasons, but I know first-hand that parents pay the closest attention to the attributes in the pool of school options in front of them. Parents are the ones who interact with the schools and local authority. I promise you that, as a parent, you come to know which schools are most attuned to social and emotional trauma issues, can sponsor and encourage executive functioning for your child, know about providing sensory diets to regulate behaviour and grasp the implications of neurological divergence. You form self-help groups of parents grappling with these issues where you learn a lot and enjoy a lot of support. You get to know—because you have to—where there is specific training and knowledge of attachment trauma and where the head teacher and specialist staff really know what they are doing, as distinct from knowing what they should be doing. It is the way in which you choose the mission-critical path for your child and it does not rely then on good luck in admissions. It is parent engagement and decision-making at its clearest.

Many schools are excellent at many other things, but they are not all necessarily excellent at everything and may not be excellent at this vital thing which I am describing, which could determine whether your child joins that absurdly high number of kids who get excluded or bullied, underachieve or are profoundly miserable. It matters not one whit to you whether your child was adopted from here or abroad.

I look forward to what the Minister will be able to say but, having commented on the Ministers in this House, I say that much of the running on this was made by Nick Gibb when he was Schools Minister. He told local authorities in December 2017 that they should include children adopted overseas for priority admission to schools identified by their parents to give the kids the best chance. Unfortunately, a significant number of local authorities would not take that advice from the Minister for Schools, which I think was very sad. But we are now in a position where we have a ministerial team that will, and I sincerely welcome that. I also welcome that there will be further thought on the pupil premium plus, which is also very significant for this group of students, and hope there will be further comment on that.

It turns out that we did not need, as I thought for some years we did, primary legislation to achieve the things that I think can be described by Ministers today. I welcome that for a very straightforward reason that is not all that much to do with personal experience, although of course that does bear on me. I welcome it because kids get one chance, and kids who have difficulties need all the help they can to take that chance. It is up to us to give it to them.

[Lord Nash (Con)]

My Lords, I support the noble Lord, Lord Triesman, in this amendment. I have great respect for people who adopt. I personally support a wonderful organisation called Hope and Homes for Children, which has closed many orphanages in eastern European countries and allowed the children to be effectively adopted—it is not quite the terminology that most of these countries use. I took the Children and Families Act through your Lordships’ House, which was very substantially about improving adoption arrangements. I remember the noble Lord raising this point with me when I was a Minister. It seemed a no-brainer then and it seems to be so now, and I very much hope that my noble friend the Minister will support him in making this amendment.

I would also like to speak briefly on the point about academies fixing their admissions arrangements to their advantage, which has been mentioned. As a rule, this is unfair. There are some schools—schools of different types, actually—which have rather complicated admissions arrangements and one sometimes wonders whether they are deliberately complicated. But, as I say, I think it is unfair on the vast majority of academies and multi-academy trusts.