Children and Social Work Bill [HL]

Debate between Lord Nash and Lord True

Report: 2nd sitting (Hansard): House of Lords
Tuesday 8th November 2016 Lords Chamber

[Lord Nash]

I have already quoted a number of practitioners who have stated the need for it. As I have said, if we remove Clause 32—which I am quite prepared to look at doing—we will deal with many of the shadows that some noble Lords have raised.

The Government have listened and made substantial steps to put safeguards in place around the use of the power. The Children’s Minister and I remain ready at any time to discuss these clauses further. Professor Eileen Munro talked about doing the right thing, rather than doing things right, and that is what this power is all about. If these clauses are removed, noble Lords would be denying local authorities that can see a better way of working for the benefit of the children in their care the opportunity to test the whole system and learn how we can do things better, giving those children the opportunity of a better life.

[Lord True]

Before my noble friend sits down, there is an important point. Is he saying that once the House has considered what he said and reflected on it, he would not oppose Amendment 66, which would leave out Clause 32, while on the other hand he would wish to keep the innovation clauses? That would, as he has said, leave all the innovation coming up from the professions and from local authorities, and remove the suspicion that the state might impose something.

[Lord Nash]

Yes.

Childcare Bill [HL]

Debate between Lord Nash and Lord True

Monday 6th July 2015 Lords Chamber

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

My Lords, I shall speak to Amendments 28 and 38. I also thank the noble Lord, Lord True, for raising this issue and I hope I can satisfy him that we are keen to stimulate new provision and not crowd it out by regulations. As someone who has fielded against Boycott, I can assure him that his approach is deceptive. He does actually hit the ball extremely hard.

As I explained in Committee last week, no provider is required to offer places under the existing entitlement. It is of course very pleasing that so many choose to do so. I do not expect that providers will be required to provide places for these additional hours should they choose not to do so. If they do not, they will not be prevented from providing places under the existing entitlement of 15 hours. We have no plans to make the regime more burdensome. If a provider is providing the existing 15 hours, he will have a service-level agreement with a local authority and if that is how he decides to provide the extra 15 hours, he will have a service-level agreement for that provision. However, if a provider decides not to deliver this, there will be no plans for extra regulation.

The noble Lord asked whether failure to provide places will be reflected in Ofsted assessments. A rigorous inspection regime is important to ensuring the effective use of government funding and improving the quality of provision that children receive, regardless of whether they accept children under the free entitlement or not. However, I reassure the noble Lord that whether or not a provider offers free places will not be a factor in Ofsted inspection judgments. Of course, the quality of provision provided to such children will continue to be inspected. I reassure the noble Lord, Lord Northbourne, that, as I said last week, if grandparents are working they can therefore qualify for the provision. I will reflect on the points made by the noble Lord, Lord True, and the noble Baroness, Lady Pinnock, and I am happy to discuss those with them privately. I hope I have reassured the noble Lord others who have spoken about their concerns. I therefore urge the noble Lord to withdraw his amendment.

[Lord True]

My Lords, I am very grateful, as ever, to my noble friend for listening carefully; I found what he said very reassuring. I will obviously want to look closely at Hansard, but what is important above all is his clear commitment to continuing the dialogue with providers and to understand the mixed nature of the sector. Having heard what he said, particularly his assurance regarding Ofsted—and in no way resisting the comments about quality, which is vital—I beg leave to withdraw the amendment.

Childcare Bill [HL]

Debate between Lord Nash and Lord True

Wednesday 1st July 2015 Lords Chamber

[Lord True]

My Lords, this is very much a debate on Amendment 1, and I welcome it—it must not be another Second Reading debate—but the points in the amendment seem to be the essence of good governance. Even if my noble friend is unable to accept the amendment, I am sure that he would be the first to say that government will be constantly reviewing the cost of providing childcare and constantly consulting. I am already grateful for the assurances that I have had that he will consult childcare providers. So in that sense the spirit of it is agreed. Of course, I agree with the noble Lord, Lord Sutherland, that longitudinal and technical study is extremely important. Without going over where we have been before, policy should be founded on consideration of good information and be brought forward in due process, and we are moving towards that.

I have one mild stricture for the noble Baroness, Lady Pinnock. She said that she did not care about what was in the government manifesto. That is a perfectly reasonable personal thought, but I think Mr Lloyd George from her Benches reminded this House that it ought to have a care for the manifesto of a newly elected Government. So I know that she does not oppose this Bill, but I hope that it is not going to be a doctrine that we hear from the Liberal Democrats—that they do not care too much what the elected Government have promised.

I wanted to probe further on regulation. I shall read Hansard very carefully tomorrow. My noble friend does not necessarily have to reply in detail; it may be something that he wants to give further thought to. But on the question of regulations—maybe draft regulations, not the final regulations—the fact is that the wrong regulations under this Bill, and under its wide powers, could drive small, private and voluntary settings out of existence, just as the wrong sort of heat drives our trains off our railways, it seems. That will be one of the concerns that I express as we go through the Bill. It is reasonable for Parliament to want to avoid the wrong sort of regulations on behalf of those whom we represent. Of course, I declare a particular interest as the leader of a local authority that may have to implement those regulations and as the husband of a provider who may have to respond to them. I hope that between now and October my noble friend will see whether we can show a little bit of ankle on the regulations, because some of them could be literally life and death, not only to businesses and voluntary organisations but to the hard-working women, if I may use that phrase —they are predominantly women—who work in these settings, many of them part time. So I would be grateful for the most that he can do to help us on regulations.

In the amendment proposed by the noble Earl, Lord Listowel, of course I agree that value for money is important. Once upon a time, Her Majesty’s Treasury was very interested in value for money before any policy came forward; now it seems that we are looking into affordability once the policy has been published. The value-for-money argument has another aspect to it that I hope we will not lose sight of. I recognise that the Government are committed to this principle. However, this policy, we are told, is going to be funded by taking away benefit from people earning more than £150,000 a year who are provident enough to save for their retirement. That money is going to be given to another set of people, many of them earning more than £150,000 a year, who, you might say, are not provident enough to put a bit of money aside to pay for childcare for their children. That could be a bit of a merry-go-round, to use a phrase that we have heard lately.

As the policy evolves, I hope that we will consider whether the state, the Government and the taxpayers are getting the best value for their money—not only what parents get in terms of providers; that is an issue of quality. This looks potentially—we shall see—to be a very expensive policy with a very substantial dead-weight cost involved in it of paying for a lot of people for something that they pay for already.

I do not expect an answer but I hope that that thought will inform a little the consideration of the implementation of the policy. Having slightly enlarged on the noble Earl’s Amendment 29, I hope that that aspect of value for money will be kept in mind as development of the Bill goes forward.

[Lord Nash]

My Lords, in this group, I will speak to Amendments 1, 27, 40, 41 and 42, tabled by the noble Baroness, Lady Jones, and the noble Lord, Lord Touhig, and to Amendments 29 and 38A, tabled by the noble Earl, Lord Listowel, and the noble Lord, Lord Sutherland. I will attempt to flesh out a sequence of events and a road map which the noble Baronesses, Lady Jones and Lady Andrews, spoke about. I will write to noble Lords about this and place a copy in the Library well before Report.

The Government are committed to delivering the provisions in the Childcare Bill in a way that is flexible, affordable and high quality for parents. A number of amendments in this group refer to specific activities that have been discussed with reference to the Motion to move the Bill into Committee and that were covered in the policy statement published last week. As I clarified on Second Reading, the Government are reviewing the cost of providing childcare and have committed to increase the average funding rate paid to providers. It is essential that the rate that we pay is fair for providers, value for money for taxpayers and consistent with the Government’s fiscal plans. I agree with the noble Earl, Lord Listowel, in Amendment 29 that value for money must be a consideration for all aspects of government spending, and the early years should be no different. The extension of the free entitlement is a significant government investment.

Last month, the Government launched a call for evidence as part of the funding review and, as I have said, we have already had more than 500 responses. As I have also said, we will report back on the review’s findings by Report and will then be able to say a lot more about the delivery model. I can confirm that we want childminders to be able to deliver the extra 15 hours of childcare, as they already deliver the universal 15 hours.

On 25 June, I wrote to noble Lords with an assessment of the impact of the Bill on the UN Convention on the Rights of the Child, child poverty, the public sector equality duty and the family test. The collective conclusion of these assessments is that the extension of the free childcare entitlement will have a positive impact for children and families. I can confirm to noble Lords that the Government will publish a full impact assessment on the extent of free entitlement when draft regulations are published for consultation in due course.

The Government want to engage with parents, providers, local authorities, employers and representative bodies about how parents currently access childcare and how it is delivered. This will begin shortly. We want to hear what is important to parents in choosing a childcare provider, and their views on how the extended entitlement will best meet their childcare needs.

--- Later in debate ---

[Lord True]

My Lords, the noble Baroness makes a very interesting point. I will intervene on a slightly different tack. I have tried to present myself as friendly and caring so far, and I hope I am, but we have of course just heard a debate which has lasted half an hour with a range of different aspirations. Some are very worthy, including those on behalf of the homeless, grandparents and people with wider parental responsibilities, and some relate to whether different types of things are work or not. I have not counted how many categories have been suggested by your Lordships, but there are probably 10 and maybe 12, each of which has to be assessed and policed by somebody. I do not want to try my noble friend again, but this problem of defining the frontier and policing the entitlement arises from what I called earlier the net curtain between the so-called working and the so-called non-working—although there are wider issues in relation to broader parental responsibility.

At the moment we have a beautifully simple system: someone comes with a child of three or four; the providers simply tell the local authorities the numbers; a return is made; and money is given to the providers and paid over. Each one of these aspirations requires a different sort of assessment, probably by a different part of the public sector. It may even touch people who do not touch the public sector—there are sad cases of people who are deeply involved in caring but very hard to reach. I venture to say to the Committee that trying to get everything into one bottle will be extremely difficult. If the Minister wishes to keep the net curtain as he goes forward, there may be wisdom in trying to find different types of authority with the entitlement to do the assessment rather than putting it through.

I would prefer to keep it simple. Universal benefits are much simpler, although a means test can be applied if it is wanted. But I recoil with some fear, not particularly from the point of view of the local authority but from thinking about public administration, the ethical doubts and challenges, the frontiers that have to be defended, the rows and the unintended injustices that will occur from having too complex a system where it is hard to define the frontiers between working and non-working in a way that is perceived as “fair” and therefore sustainable. I believe that this debate illustrates the point I have been trying to make about public policy: good intentions, unless we are very careful in framing the regulations, will lead us into some very difficult places—and I hope that they never become dark ones.

[Lord Nash]

My Lords, I will speak to Amendments 5, 8, 9, 11, 25, 26 and 33. This group covers a range of amendments on eligibility. I appreciate the intentions of noble Lords in laying these amendments and seeking further clarity on the definition of “working parent”. Perhaps I can clear up one point immediately, on whether a parent is someone with parental responsibility. This is defined in the Bill, in Clause 1(12)(a), which states that a,

“‘parent’, in relation to a child, includes any individual who … has parental responsibility for the child”.

The Government’s intention with this new entitlement is to support hard-working parents with the cost of childcare and to enable them, where they want, to return to work or work more. As I announced at Second Reading, parents working eight hours per week, including those who are self-employed, will be entitled to this additional provision.

The noble Earl, Lord Listowel, is well known for championing the case for support of the most disadvantaged, and he is absolutely right to do so. The Government provide a wide range of support to all families, especially the most disadvantaged. All families are of course entitled to 15 free hours of early education for three and four year-olds. Recognising that some children were missing out on the benefits of early education, we extended this to the most disadvantaged two year-olds. In particular, I know that the noble Earl will have welcomed that this includes looked-after children. We have been encouraging local authorities to ensure that many of these children can benefit from the support that is available.

The noble Earl raised the important issue of homeless families. I empathise of course with the practical challenges that such families face. Housing authorities and children’s services work together locally to ensure that the needs of children in homeless families are met. The Housing Act 1996 places a duty on authorities to co-operate with social services where children may be homeless intentionally or threatened with homelessness intentionally. However, I will be very happy to meet with the noble Earl on this matter. The Government are committed to supporting vulnerable groups such as care leavers. Our statutory guidance makes clear that local authorities, through the pathway planning process, must assess the needs and ambitions of their young people and set out how they will support them.

Amendment 9, in the name of the noble Earl, Lord Listowel, would include parents,

“on courses to improve their literacy or numeracy”.

The noble Baroness, Lady Jones, the noble Lord, Lord Touhig, and the noble Baronesses, Lady Pinnock and Lady Tyler, have, in separate amendments, also proposed that parents engaged in education or training or undertaking voluntary work or work experience for a minimum of eight hours per week should also qualify. As I have explained, the intention of this additional entitlement is to support working parents. If parents work at least eight hours per week, they will qualify regardless of whether they are engaged in education, training, voluntary work or additional work experience.

It may help the Committee if I explain the support that parents who are studying may already receive, in addition to the existing free entitlement. Parents who are under the age of 20 and are studying a publicly funded course are eligible for the Care to Learn scheme. This can provide vital financial support for childcare costs of up to £175 per child per week. For parents over the age of 20, discretionary learner support and childcare grants may also be available, depending on the nature of the education and training that parents participate in.

Where a child is deemed to be at risk of suffering or likely to suffer significant harm, the local authority has clear duties to investigate and to safeguard and promote the child’s welfare. This might include the provision of access to childcare provided by the local authority as part of a wider support plan.

Where a child is looked after, the local authority must make arrangements for their care, which might include support for childcare. The local authority must provide a fostering allowance which covers the full cost of caring for the child. For this reason, foster carers are not eligible for additional support through tax-free childcare or child tax credits for children who have been placed with them. We of course value the important role that foster carers undertake in looking after some of our most vulnerable children. However, whether foster care is considered work under the eligibility criteria for this additional childcare support is more complicated. I would welcome a further conversation outside the Chamber with the noble Earl on this issue.

I now turn to Amendment 25. The noble Baroness, Lady Massey, has rightly recognised the important role that grandparents play in the lives of children. In particular, some willingly and unselfishly accept the role as main carer for their grandchildren at a time in their lives that they should be able to dedicate to themselves after bringing up their own children. When grandparents have parental responsibility and meet the requirements that they are working, I hope the noble Baroness will be delighted to hear that they, too, will be eligible to benefit from the new entitlement. This will allow them to maintain their work or increase their hours so that they can support their grandchildren, safe in the knowledge that they will be well looked after.

Childcare Bill [HL]

Debate between Lord Nash and Lord True

Wednesday 1st July 2015 Lords Chamber

[Lord True]

The answer is yes.

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

My Lords, I shall speak to Amendment 10. While I understand the noble Baronesses, Lady Pinnock and Lady Tyler, would like working parents of children between ages one and two to be entitled to additional childcare, the elected Government’s manifesto commitment is to increase the hours of free childcare to working parents of three and four-year-olds.

There is already support for childcare put in place by the last Government. We have increased the child tax credit entitlement to £2,780 per year for families with one child, £480 more per year than in 2010. We have legislated for tax-free childcare, which will save about 1.8 million working families with children under the age of 12 up to £2,000 per child a year.

The Government are also committed to increasing childcare support within universal credit by about £350 million to provide 85% of childcare costs from 2016 when a lone parent or both parents in a couple are in work. This is up from 70% in the current working tax credit system and current universal credit system.

This package of support for childcare as a whole provides help for parents with children between ages one and two and represents significant public investment. These are, however, difficult economic times, and the Government have to make hard choices. We know that more parents use childcare as children move towards school age. We are, therefore, focusing on where there is the greatest demand for childcare. Alongside this, two year-olds in low-income families also receive 15 hours a week, offering both high-quality early education and the opportunity for their parents to move into work.

I hope, for these reasons, that the noble Baroness is persuaded to withdraw the amendment.

Children and Young Persons Act 2008 (Relevant Care Functions) (England) Regulations 2014

Debate between Lord Nash and Lord True

Monday 28th July 2014 Grand Committee

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

My Lords, these regulations are permissive in intent. They would enable local authorities in England to delegate to third-party providers a range of social care functions, so far as those functions relate to children. This would modify the current position set out in Section 1(2) of the CYPA 2008, which already allows local authorities to delegate functions relating to looked-after children and care leavers. These regulations would enable local authorities to decide to delegate other functions, including those relating to early intervention and child protection to providers operating on a not-for-profit basis.

At present, there are few options open to local authorities that wish to consider alternative ways of managing their social care functions. Apart from the limited powers of delegation already in existence relating to looked-after children, the only circumstances in which alternative delivery plans are currently possible are those where an authority is failing and subject to intervention by the Secretary of State under Section 50 of the Children Act 2004. It cannot be logical that only where a local authority fails are such flexibilities available.

I should also make it clear that several local authorities are now waiting eagerly for the passing of these regulations; they are gearing up to innovate and are anxious to make progress with their plans. These forward-looking local authorities are ambitious to improve their services and their ways of working, and these regulations would enable them to fulfil these aspirations. I anticipate that, over time, others will begin to consider how the new freedoms might support their own improvement strategy. As noble Lords will recognise, in too many local authorities improvement is all too urgently needed. The Government are having to intervene in one in seven authorities.

During the consultation on the draft regulations, it was asserted that only the public sector should carry out functions such as child protection. I simply do not believe that this is the case—not with the potential of the voluntary and charitable sector, and the proven success of public service mutuals or the number of public sector failures so clearly before us. I am by no means saying, “Public sector bad, private sector good”. What I am saying is that there should be a willingness and an openness to look at different approaches and options. That is the possibility opened up by these regulations.

Noble Lords will be aware that the consultation elicited widespread and ardent comment. That is entirely appropriate for such an important measure. The number of responses was very high, at 1,315, and there were several petitions and an e-campaign, which resulted in some 58,000 e-mails. By far the most responses to the consultation related to the question of privatisation and profit-making, which was the sole focus of the petitions and the e-campaign. The Government have responded both swiftly and decisively to these concerns by making a significant modification to their original proposals and amending the draft regulations to rule out the possibility of profit-making. This change has been widely welcomed.

It was not the Government’s original plan to include such a restriction, nor was it our intention to see widespread delegation of children’s social care to profit-making companies. The local authorities that are currently exploring their plans in detail are not looking to set up facilities that entail profit-making, so this amendment will not hamper their plans. Of course, this policy never concerned privatisation. This is a permissive agenda, not a centralising regime.

Noble Lords will know that the Secondary Legislation Scrutiny Committee has drawn these regulations to the special attention of the House and raised particular concerns about the consultation arrangements. First, the SLSC said that the consultation proposals were not clear. The volume and sharp focus of the responses show that they were. One might argue that the responses to the consultation were overwhelmingly about an issue that was not the focus of the Government’s plan. Nevertheless, under the original proposals profit-making would have been possible, so those commenting were making an entirely valid point. We have listened to those responses and made changes accordingly.

Secondly, the timescale for responses was deemed to be too short. It may be that a longer consultation would have been preferable, yet in the light of the number of responses and the degree of public scrutiny that the proposals received, my view is that the timescale for responses did not hamper proper scrutiny. Our desire to open up opportunities as soon as possible to local authorities that are seeking them drove the timescale and, on balance, I think that we have been able to bring forward valuable proposals in good time, while allowing significant and influential representations to be made.

On a much less prominent question than that of profit, some during and since the consultation have questioned the evidence base for this change. It is of course true that the direct evidence base for something that has to date not been possible is limited. Noble Lords may be aware that under the Children and Young Persons Act 2008 the previous Government enabled a small number of pilot social work practices to be set up. These were small, practitioner-led practices taking responsibility for specific cohorts of children on behalf of the local authority. The evaluation of the first few social work practices identified evidence of positive change for looked-after children and care leavers. It is true that the evaluation found variation across the pilot sites, but it none the less showed that the practices operated at least as well as, if not better than, the control authorities.

In addition, the Government’s wider mutuals programme has seen the benefits to services, both to the staff working in those services—through reduced absenteeism and staff turnover—and in savings and efficiencies linked to significant improvements of user outcomes. There are now 100 public service mutuals already delivering more than £1.5 billion-worth of public services in sectors such as health and youth services. Local authorities will be able to apply to the Children’s Social Care Innovation Programme for support to make use of the new freedoms that the regulations would allow, and the impact of activities funded through the programme will be robustly evaluated.

These regulations will enable a positive change in the delivery of children’s social care services. They will establish a framework in which local authorities can make their own innovative decisions on how best to manage their children’s social care functions. The experienced and well respected charity, Action for Children, said:

“The freedom to outsource children’s services will allow local authorities to innovate and improve support provided to families”.

That is exactly what we are aiming to achieve and I commend the regulations to the House.

[Lord True (Con)]

My Lords, I declare an interest as leader of Richmond Council which, along with the Royal Borough of Kingston, has been one of the authorities using the freedoms extended by the previous Government under the 2008 Act. We have established jointly a community interest company, a social enterprise, called Achieving for Children, to deliver these services across the two authorities. When I say “we”, I am referring to a Conservative and a Liberal Democrat authority working together and seeing the opportunity—as we saw it—to improve services. Therefore, I greatly welcome the Minister’s announcement that this is to be extended. It will certainly be welcomed by the professionals in our authorities working on behalf of young people.

It is right that the Minister put beyond doubt the fears raised about privatisation. For my own part, I do not think that the private sector or private carers are incapable of providing professional, high-quality care, but given the response to the consultation, I think my noble friend has acted wisely, as always, in that regard. I hope that that having been done, everybody from all sides will be prepared to put wind behind this and to give support to the professionals involved. This is not about privatisation; certainly it was never about privatisation in the case of my authority or Liberal Democrat Kingston. It is certainly not about moving away from a public service ethos. That is fundamental and held dear by all those who work in the community interest company. Nor is it about a move away from democratic accountability. The local authorities remain statutorily responsible. Our outstanding director of children’s services, Mr Nick Whitfield, who is the chief executive of Achieving for Children, remains statutorily responsible. As I see it, it is freeing up professionals to think differently and to innovate without the constraints that local authority procedures can sometimes cause. It provides freedoms to allow them to maximise the value of the contributions they make, to create new partnerships and fundamentally it puts the professionals who know better than anybody in the driving seat of how to achieve the best outcome for those involved. Local authorities remain ultimately accountable—indeed, the next business contains a whole range of requirements that remain on local authorities.

The regulations will allow the completion of movement of staff into the community interest company. That is an important signal and it is very practical that all staff can be managed in one way and are not having to be transferred under TUPE back from one activity to another when the range of activities ought to be part of supporting young people and part of a seamless whole. I hope that if it agrees to these regulations the Committee will put it beyond doubt that this approach is sanctioned as an appropriate way to provide children’s care.

The launch of Achieving for Children was attended by people from all political parties. I think everyone there was inspired by the professional vision and dedication of those involved and indeed by the speeches made by the young people who saw hope in what was being brought to them and hope in this future. Let us not be afraid to be creative. Let us not be afraid to experiment in improving care while retaining the basic public service needs and statutory responsibilities that continue. I hope that we will support the regulations and I thank my noble friend for bringing them forward.