Children and Families Bill

Lord Storey Excerpts

Tuesday 2nd July 2013 Lords Chamber

[Lord Storey]

My Lords, I welcome this much needed Bill. It brings together important proposals, making a big advancement for families and, above all, our children. For the first time in a generation the Government are tackling some of the major barriers that children and families face. We on these Benches are fully committed to giving disadvantaged children the best possible start in life. Reforms to special educational needs provision will help families to secure access to the support they deserve, new virtual heads will support the educational achievements of looked-after children and the proposals for shared parental leave and flexible working are a real step forward. The Bill also makes strides in reforming the family justice system, aiming to cut delay and encourage greater mediation.

I shall be so bold as to congratulate the Government on bringing the Bill forward. In so doing, I pay tribute to the previous Minister of State for Children and Families, Sarah Teather, who dedicated a significant amount of her time to ensuring that it reaches the statute book. It will stand as a testament to her hard work and perseverance. I also thank Ministers from both Houses for being prepared to listen and for having an approach that is both open-door and open-minded.

Like many Members, I have been amazed by the number of briefings I have received concerning the Bill. This not only illustrates how important it is to a myriad of different groups but also shows how much people care. That should not come as a surprise; after all, as we have heard, this is a once-in-a-lifetime opportunity to change children’s lives for the better. I am sure that as the Bill passes through your Lordships’ House in the autumn many issues will be raised and, where appropriate, amended.

I wish to concentrate on several areas that I hope the Minister will reflect upon later today. I welcome the new education, health and care plans, which replace statements and learning difficulty assessments, but, regretfully, they do not currently apply to young people in custody. We know that a third of young offenders have a SEN statement, compared to only 3% of the general population. Young offenders are among the most vulnerable members of our society and need all the support that we can offer them. Given that children in custody are particularly disadvantaged in this respect, it is illogical that they are being left out. I suggest that we extend the new plans to young offenders, otherwise we will miss a unique opportunity.

We learnt on Report in another place that, although the Government are committed to supporting young offenders in this way, the stumbling block to providing such support is conflict with the Apprenticeships, Skills, Children and Learning Act 2009. The Government acknowledge that the current situation is not working and I suggest that we use this opportunity to make provision for young offenders with SEN. I hope that the Minister will examine this area so that we do not miss this important opportunity.

A child’s health condition does not stop at the school gates. Parents need to know that schools are places of learning that can cater for the needs of all young people; places where children with health conditions are both understood and cared for. Whether a child is diabetic, epileptic or severely allergic to something, schools must be able to support their needs. Take the example of a child with, say, a nut allergy. Unless appropriate care is taken, the child is at risk of a life-threatening anaphylactic reaction. Simple approaches can be taken by the school—ensuring that staff are EpiPen trained; ensuring that EpiPens are easily accessible and signposted; and displaying photographs of children with food allergies in the school kitchen and staffroom. Of course many or most schools do such things as standard, but many do not.

I have offered one example but the same may be said of children with diabetes, epilepsy, asthma, migraine, chronic fatigue and congenital heart defects. Indeed, in my own city of Liverpool, a young primary lad died of a sudden cardiac arrest. That school and family established the Oliver King Foundation and, with the support of the local media, are now putting facilities in every school in the city.

A child’s condition should have no impact on their ability to study. Though different from SEN, if medical needs are not managed properly they will surely impede a child’s education in much the same way. Too many schools fail to follow guidance in this area. Moreover, existing legislation is poorly designed for such purposes. Considering that there are no specific requirements to provide the necessary support for all children with health conditions, an amendment that places a clear duty on all schools seems to me to be eminently sensible. Indeed, the Parliamentary Under-Secretary of State recently indicated that practices in schools need improving. In Committee he said that guidance on managing medicines will be published this year, thus clarifying schools’ responsibilities. Does the Minister think that this is sufficient?

I turn now to the issue of young carers. Despite the good intentions in the Care Bill, there is now a yawning gap that leaves young carers in an unjust position. Young carers are children and young people who provide ongoing and regular care to family members while they themselves are in education. The 2001 census identified 175,000 young carers in the UK, 13,000 of whom care for more than 50 hours per week. The 2011 census identified a similar number, up to 178,000. However, there was an 83% increase in the number of young carers aged five to seven. These young carers often undertake inappropriate and burdensome responsibilities, and all too often they do not receive the support that they need. This of course results in poor educational outcomes. The Bill offers significant scope to improve the long-term life chances of young carers by enabling a whole-family approach, but I suggest that the rights and responsibilities need to be made clearer for young carers and practitioners alike. I know that Ministers are sympathetic to young carers’ needs, and I therefore look to amendments coming forward to provide this much needed support.

As I referred to earlier, this Bill is a once-in-a-lifetime opportunity to provide children and their families with real support for special educational needs. Education, health and care plans are at the centre of that support system. For the first time, SEN will be coupled with health and social care provision in a single global agreement. I am pleased that the Government have taken note in this area, and specifically that they have guaranteed that health requirements will become part of the plan. However, should I fear the same fate that has befallen our so-called “national curriculum”? The plans must do what they say on the label. They must entitle the holder to expect all the provisions that they detail: education, health and care. Will the Minister confirm this, so that we may give parents and young people greater confidence in the system?

In order to make the system truly joined-up, surely we should go that extra mile and realise the equal importance of there being one easily identifiable route of redress for families, should things go wrong. A single, accessible and understandable point of appeal is necessary. We must not create a system that forces families to navigate a vast and complex complaints system across three agencies. I look forward to hearing what the Minister intends to do in this regard.

I was delighted to receive a Written Answer from my noble friend the Minister, detailing how essential it is that teachers’ training prepares them to teach children with a broad range of special educational needs. I suggest that all teachers must be equipped with the skills to identify and support children with special educational needs, which should include specific learning difficulties such as dyslexia. It really is not good enough that we have a teaching profession that is not universally trained to understand the issues. There should be teachers in each school or each group of schools who are qualified to test for and identify dyslexia. Although I praise the work of SENCOs in schools, there is an urgent need for all initial teacher training programmes to include a mandatory module on dyslexia and other hidden disabilities. I hope that the Minister will reflect upon this point, and I know that my noble friend Lord Addington will press this important issue further.

When a young person enters higher or further education, their plan will not be “passported” with them. Although I welcome the extension of legal protections for young people with SEN up to the age of 25, as currently drafted, higher education institutions are excluded from the new framework. As I have been assured that the Government’s intention is to create a single system which supports the highest aspirations, surely this goes against the spirit of the Bill? It has the potential to cause delay, and will no doubt create unnecessary bureaucracy. I hope that the Minister will carefully consider that the plan should follow a young person, whichever setting they move to.

Finally, I followed with great interest the childcare ping-pong—or, as the Mayor of London would no doubt call it, the “whiff-whaff”—regarding reforms to childcare ratios. I now presume that it is game, set and match to the Lord President of the Council in this regard. Equally important is the need to give careful reconsideration to the introduction of a childminder agency system. The introduction of such an arrangement would mean that experienced childminders could be lost. Indeed, 71% of childminders have “outstanding” grades. They have built their own businesses and are now on a level footing with daycare centres. Currently, childminders are inspected every three years by Ofsted, but only every four years if they achieve “outstanding” status. However, as we have heard, under these proposals the agencies as organisations will be inspected while only a cross-section of their registered childminders will be inspected. There is a danger that childminders with less satisfactory standards will be afforded a higher status by virtue of their membership of a highly rated agency. When a parent chooses a registered childminder, they should be confident that the grade of the childminder reflects their talents. Can the Minister confirm that all childminders will be inspected by Ofsted, and not merely a cross-section of those who work for a particular agency?

As I said at the outset, the Bill is progressive in its aims and potentially life-changing for children and families in this country. By the way, when I was talking about the Oliver King Foundation, the word I could not bring to mind was “defibrillators”, so I was referring to defibrillators in every school. I hope that the Minister will reassure the House that the Government intend to revisit our areas of concern and, in so doing, ensure that the very promising provisions contained within the Bill will truly give families the support that they need when they need it most.