Children and Social Work Bill [HL]
Debate between Lord Nash and Lord Wills(8 years, 5 months ago)
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Lord Nash
My Lords, I shall speak to the group that includes Amendments 41, 43, 45, 47, 51, retabled as Amendment 74A, Amendment 54 and the proposed new clause in Amendment 98A. I thank all noble Lords who have spoken to them. All these amendments are concerned with the continuing support that care leavers receive.
First, I address Amendments 41, 43 and 45. Clause 2 requires local authorities to publish information about the services that they offer to care leavers, based on an understanding of their individual needs, as well as other services that they offer to help care leavers to prepare for adulthood. In preparing those local offers, local authorities must consult care leavers and relevant representative groups of care leavers, including children in care councils.
The noble Baroness, Lady Wheeler, talked about what the local offer should cover. The clause already includes a duty to publish information about services relating to health and well-being, education and training, employment, accommodation and participation in society. That is a non-exclusive list; the local authority may include other matters as it sees fit. Given the work that local authorities will already be undertaking, an additional requirement to assess the services required to meet the needs of care leavers would be overly prescriptive. Rather, these matters will be detailed in the guidance that my department will produce to inform the practical application of the corporate parenting principles, to which I have already referred several times during this debate.
With regard to the national minimum standard proposed in these amendments, the Government’s intention in legislating for the local offer is to raise the bar for services provided to care leavers. We want local authorities to aim much higher than a minimum standard when it comes to what they offer. We want to enable comparisons of the offer between local authorities so that there is upward pressure for them to do more. Ultimately, Ofsted will be the arbiters of how good a local offer is.
The noble Baroness, Lady Wheeler, referred to New Belongings. We eagerly await the evaluation results of the New Belongings programme at its dissemination event this Friday. That will inform our thinking. The care leavers strategy will support programmes that empower care leavers to drive change locally, such as New Belongings. I will come back to the noble Baroness on the care leavers fora and the other points that she made. In light of this, I hope noble Lords are sufficiently reassured not to move their amendments.
I now address Amendments 47, 51—retabled as Amendment 74A—and 54, which all concern the support that care leavers receive up to the age of 25. No care leaver will be left to fend for themselves when they reach 21. Through Clause 3, a care leaver aged up to 25 will know of their right to request support, including access to a personal adviser. If a particular service provided under the local offer is appropriate and meets a particular need, of course the young person should be able to access it. That is the purpose of the local offer, and personal advisers are responsible for identifying and co-ordinating the provision of services for the care leaver.
However, mandating a personal adviser for every care leaver, regardless of their wishes, and a requirement to provide such services would be disproportionate. To do so raises several obvious practical issues. Some care leavers want independence at the earliest opportunity and to sever any ties with their corporate parent. Some move away from the area and become hard to trace. Even those still known to the local authority will be in very different circumstances, with different needs and aspirations. Some will value the help of a personal adviser and some will look for guidance and support elsewhere, as my noble friend Lady Scott of Bybrook said. Often, this will reflect how well the relationship with the personal adviser has worked, how helpful they have been or might be, and their relationships with others.
If we were to impose the support of a personal adviser on every care leaver, there is a real risk that that would divert support from care-leaving teams away from those who really need it. Rather than impose a personal adviser service, it is better to make the personal adviser service optional for those who want it so that resources can be effectively targeted—as is done successfully in Trafford. However, we want to make sure that all those who want the support of a personal adviser can access it.
There are two important issues here. The first is whether and how care leavers are made aware of the offer of support from a personal adviser. I suggest that the obvious place for that is the local offer. The second is whether a care leaver who has lost contact with their personal adviser should be able to resume this if and when they feel the need to do so at a later date. The noble Earl, Lord Listowel, referred to an example of this. I can certainly confirm that that would be possible through the existing legislation and Clause 3 for care leavers up to the age of 25. The guidance we are producing will encourage local authorities to carry out this new entitlement clearly, proactively and positively so that care leavers are encouraged to take it up.
We need to set an expectation that local authorities should attempt to remind care leavers of their entitlement to this support so that a young person refusing support at age 22 does not feel that they should be barred from accessing it later. I accept that this is an important point. I should like to reflect further on this in discussion with local authorities and over the next few months before we return on Report.
Lord Wills
I understand the force of what the Minister is saying and the Committee will be grateful for his offer to keep looking at these points. Could he also take into account my point about data and the importance of keeping some sort of better check on what happens at least until the age of 25? What he has said so far does not really address that point. Perhaps he could reflect on that and come back to us either with a letter or on Report.
Lord Wills
My Lords, I am extremely grateful to everyone who has taken part in what I thought was a useful short discussion on all the amendments. On the one which has taken up the most time, the question of reversing the onus of requesting continuation of support in this way, I will read and reflect carefully on what the Minister said. I understand that the Bill is full of good intentions and I know that he is personally. I worry, however, that, as other noble Lords have said much more powerfully than I, we are still placing an unrealistic burden on very vulnerable young people who do not suddenly stop being vulnerable when they pass a particular age. At least until 25, many of them will be in very difficult circumstances and not all of them will be capable of making these informed, rational decisions, as the Minister said, however accurately informed they are of their entitlements. I will look at the Hansard record of what he said, but, given the widespread support for a change to this part of the Bill, we may return to it at Report.
My only other comment is about the role of the virtual school head. I thought I heard the Minister say that in many cases, they do not just turn a blind eye but go on being involved. That is precisely the point: it is in many cases, not necessarily in all. Again, I am not altogether reassured by what he said but will read what he said in Hansard and reflect, but we may return to it on Report. In the meantime, I beg leave to withdraw the amendment.
Lord Wills
My Lords, as we have heard, this is a complex and difficult issue. I have huge sympathy with what the noble Baroness, Lady Howarth, the right reverend Prelate, and the noble Earl, Lord Listowel, said about the need for flexibility. These young people are very vulnerable. They have a wide range of needs and they will respond differently to different people. It is not a question of having one professional group that will deal with every young person in the same way. We must be very careful about this because everything that I have learned about this complex subject suggests that one of the most crucial things is stability in the lives of these young people. The more difficult and restricting we make the area in which we can recruit these personal advisers, the more difficult it will be to provide stability, so there is clearly a huge problem here.
Having said that, we should not let all those difficulties dissuade or deflect us from the fundamental importance of what the noble Lord, Lord Warner, has said. There is always a temptation in government—I remember it very well from all my years as the Minister—that when things come complicated and difficult, particularly in such sensitive areas, to push it aside, kick it down the road a little bit and have a review which, in the circumstances, will not necessarily produce anything very valuable. We have heard the experience of all those people with a lot more experience than I have in these matters of how these problems come to light only after the damage has been done.
I urge the Minister to grapple with those difficulties, not lose sight of the importance of what the noble Lord, Lord Warner said, and to produce a substantive response today.
Lord Nash
I am very grateful to the noble Lord, Lord Warner, for his amendment and the points that he, the noble Baroness, Lady Howarth, the noble Lord, Lord Storey, the right reverend Prelate the Bishop of Durham, the noble Earl, Lord Listowel, the noble Lord, Lord Wills, made about the importance of safeguarding young people from predatory adults and the qualifications, training and management of personal advisers. These are of crucial and, in the case of safeguarding, paramount importance, and I will ensure that these points are covered in our review of personal advisers, to which I have already referred in some detail. This will inform what we say on Report, although I recognise the points made by the noble Earl, Lord Listowel, and the noble Lord, Lord Wills, about flexibility and stability and will look at the worrying delays to which the noble Baroness, Lady Howarth, referred in relation to vetting.
I hope that the noble Lord will accept that I do not want to prejudge the outcome of our review by accepting his amendment now, and I hope that he will therefore consent to withdraw it, but I assure him that I recognise the importance of the points he makes.
Education: British Values
Debate between Lord Nash and Lord Wills(10 years, 5 months ago)
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The Parliamentary Under-Secretary of State for Schools (Lord Nash) (Con)
My Lords, I would like to thank my noble friend Lord Storey for securing this important debate. I would also like to thank other noble Lords for their valuable contributions.
On 15 June, to mark the anniversary of Magna Carta, the Prime Minister wrote about these values. He described their roots in our most vital institutions: our parliamentary democracy, our free press, our justice system and our many church and faith groups. The Prime Minister highlighted the important role these institutions play in helping to enforce British values.
Another great British institution is our school system. We have a long and proud commitment to provide access to schooling, regardless of one’s background. Our schools have always recognised that promoting and embedding good values is essential to delivering high-quality education. We should celebrate the excellent work done by many of our schools. We must also recognise and respond to the public’s demand for greater assurance and higher standards in every school, whether independent or academy, free school or maintained. The Government are determined to put the promotion of British values at the core of what every school has to deliver for its pupils. I welcome the opportunity to close this debate and to set out how we intend to achieve this.
I will also describe the requirements and accountability measures already in place. It is important to recognise that these are not measures invented anew but are relevant to the work started in 2011, when the Prevent programme introduced our description of British values. Independent schools and academies and free schools must adhere to the independent school standards. Critically, the standards refer to the expected values and ethos of the school as assessed according to its offer of spiritual, moral, social and cultural development.
On Monday, 23 June, we launched a consultation on the wording of the independent school standards that will actively require schools to promote principles that encourage fundamental British values. I hope that all noble Lords who are interested, including the noble Lord, Lord Wills, will respond to this consultation. We are also proposing a new requirement that teaching and curriculum practice must not undermine these values, and we will be consulting on this.
Lord Wills
I am grateful to the Minister for giving way, but I think the question of consultation is fundamental, and I wonder whether he could tell your Lordships’ House what consideration the Government have given to deliberative processes involving the British people themselves in this consultation rather than waiting for the usual sources to send in the usual things to a government consultation.
Lord Nash
The whole principle of consultation is that it is deliberative and that people will respond. I hope they do. As I said, it is not being rushed out, as the noble Lord implied. British values have been part of the policy framework since 2011, when they were introduced as part of the Prevent strategy. Since 2013 standards have required schools to encourage pupils to respect the fundamental British values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs. The words are “mutual respect and tolerance”, not just “tolerance”. The noble Baroness, Lady Afshar, made this point and I will certainly take it back. It is important that our advice to schools is clear. To promote ideas or systems of thought at odds with these values would be failing to meet the standard.
These requirements provide a sufficient lever for action in cases where an attempt is made to undermine British values. The new title wording suggested in the consultation will do more to challenge rigorously those schools paying lip service to these duties. We will expect these changes to come into effect from September this year. They will apply to all independent schools, academies and free schools. We must secure the same standards in maintained schools. As with the independent sector, we are building on responsibilities schools already have to fulfil. Maintained schools must promote the spiritual, moral, social and cultural development of their pupils so that they are able to participate positively in society. They cannot promote partisan political activities and must present balanced views to pupils. Importantly, they must promote community cohesion.
Under the citizenship curriculum, maintained schools are also required to teach pupils about a range of subjects, including democracy, human rights, diversity, and the need for mutual respect and understanding. I heard what my noble friend Lord Storey said about the vital importance of citizenship. As important, if not more important, for getting a real grasp of British values is to study history, in order to understand what Daniel Defoe was on about in the quote that was mentioned by the noble Lord, Lord Taverne, and to understand, for instance, that we are an island made up of a number of countries with a long history stretching back over several millennia of immigration.
While academies and free schools are not, as my noble friend Lord Storey said, subject to the same curriculum requirements as maintained schools, the trust running the school must deliver a broad and balanced curriculum and will be bound by the legal requirement to actively promote fundamental British values. As I trust noble Lords will acknowledge from the published coverage of the Birmingham academies placed into special measures, the Secretary of State will not hesitate to use his powers to consider terminating a funding agreement with an academy trust that cannot secure the required improvements.
Inspection is the primary means by which individual schools are held to account. Noble Lords will note that academies and free schools are inspected under the same section 5 framework as maintained schools. I know that noble Lords will be pleased to hear that 24% of free schools inspected have been adjudged to be outstanding—which, contrary to what reports suggested, represents a remarkable success, particularly as those schools were inspected after only four or five terms.
Spiritual, moral, social and cultural development is already part of section 5, but it allows inspectors to challenge only the most serious failures. Inspectors are already advised to look for evidence of pupils having the skills to participate in modern Britain, to understand and appreciate a range of different cultures, and to respect diversity. We will look to improve the consistency with which this is applied.
Now is the time to raise the bar so that all maintained schools, academies and free schools share the same goal of promoting British values. That is why, as the Secretary of State confirmed on 9 June, the department will review its own guidance to schools so that they are clear about our expectations. We are already talking to Ofsted to ensure that those same expectations are reflected in section 5 arrangements.
On what my noble friend Lord Storey said about grade 1 schools being exempt from inspection, they are not exempt and will be inspected if there are areas of concern; for example, if their results suffer or if there are particular complaints.
My noble friend Lord Cormack talked about a citizenship ceremony. I am sure that the events of Birmingham will enable us all to reflect on what more we can do to produce a more coherent and integrated society. On flying flags on schools, I am always pleased to see the flag so prominent when I visit America. It is sad that, if I were to put a union jack outside my own house, people would think that I was a member of the British National Party, and that the only time one sees flags is when a football match is on. It is also sad that very few students in our primary schools could describe the make-up of the union jack beyond the cross of St George.
I agree with my noble friend Lord Sheikh that education should be a tool of integration. We will not be able to call ourselves a truly successful society until we have a much more integrated society—and, sadly, we are some way short of that.
The noble Lord, Lord Stone, talked about mindfulness. I thank him for his insightful and interesting comments, and for his commercial for the mindfulness classes. The values that we are asking all schools to actively promote are not exclusive. As I understand it, mindfulness chimes a very loud chord with me. I believe that children and young people should be taught about concepts such as mindfulness. Such concepts can be very powerful, particularly for children from scattered home lives. We use a similar approach with a number of our more challenged pupils at my own secondary academy.
The noble Baroness, Lady Flather, made some powerful points. Of course, it is for all schools to ensure that the sort of beliefs to which she referred have no place in our society.
My noble friend Lord Lexden made some supportive comments, for which I am grateful. He knows how highly I value co-operation between the independent and state sectors.
I welcome the noble Baroness, Lady King, to the Dispatch Box for the first time. I agree with her on the importance of sharing by example, but she should not underestimate the seriousness of the events in Birmingham, about which I obviously know a great deal more than other noble Lords, and their wider implications. She should also be aware that both the free schools programme and the academies programme are proving great successes. Academies are performing much more strongly than other maintained schools.
The noble Baroness referred to Labour’s proposals for 50 regional bureaucracies. We believe that breaking the country into eight regional schools commissioner areas is appropriate. I note that there seems now to be a consensus that we should not go back to local authority control—even Ed Miliband said that in the other place only a few days ago—but creating 50 bureaucracies, each with its own staff, would effectively take us back to a local authority-controlled system.
Schools: Careers Service
Debate between Lord Nash and Lord Wills(11 years, 2 months ago)
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Lord Wills (Lab)
My Lords, the Minister will be aware that Barnardo’s has estimated that 65% of the children of prisoners end up in prisons themselves. What specific measures are the Government taking to support this particularly at-risk group in making the difficult transition from education into the workplace?