County Lines Drugs Gangs

Lord Storey Excerpts

Wednesday 8th January 2020 Lords Chamber

[Baroness Williams of Trafford]

I certainly can, and it is apposite that my noble friend has asked this Question today, because earlier today he will have heard the PM reiterate his commitment to family hubs to our honourable friend Fiona Bruce in another place. My noble friend Lord Younger has also written today to outline our commitment to supporting vulnerable families with the intensive, integrated support that they need to care for their children. That is why the Government have announced up to £165 million of additional funding for the troubled families programme in 2021, and they will be setting out their plans for family hubs in due course.

[Lord Storey (LD)]

My Lords, the Minister may be aware that, since 2013, there has been a 70% increase in the number of young people being excluded from school and put into alternative provision. Much of that alternative provision is unregistered, which means that often no proper checks are made on those young people. We also see young children in care being put into unregulated accommodation. How do the Government plan to support these most vulnerable young people?

[Baroness Williams of Trafford]

I am glad that the noble Lord has raised this issue. It is not just something that we are acutely aware of—as he and I will know from our local government days, it is long overdue for attention. He may also know that the Government commissioned my honourable friend Ed Timpson MP, who I am delighted to say is back in the other place, to undertake a review of alternative provision so that the quality of provision can be as good and effective—perhaps more so—as in a mainstream school, because these children need extra attention. To date there has been a £4 million investment in an innovation fund for alternative provision, and I am sure that the House will be kept updated on its success.

Visa Applications: Dr Mu-Chun Chiang

Lord Storey Excerpts

Tuesday 8th October 2019 Lords Chamber

[Baroness Williams of Trafford]

My Lords, we certainly do care. The issue was resolved very quickly, and it is not correct that it only got changed because people intervened. It got changed because new evidence that had been asked for was produced. The fact that we have a 98% grant rate for such applications is evidence of how many people successfully apply.

[Lord Storey (LD)]

My Lords, the Minister may recall that I wrote to her regarding a young Indian girl who wanted to come and spend Christmas with her relatives in Liverpool. She applied twice for a tourist visa and twice was turned down. The Minister kindly put me in touch with the relevant Home Office official, and it was found out that she had been turned down because there was an unexplained sum of money in her bank account—she was fully employed in India. The unexplained money was from her father to pay for her trip. I refer to what my noble friend Lord Greaves said: should officials not deal with these applications with a more sensitive and humanitarian touch?

[Baroness Williams of Trafford]

I do; I agree. The case was resolved, which is good. As I said to the noble Lord, Lord Rosser, 98% of these types of visas are granted.

Knife Crime

Lord Storey Excerpts

Thursday 27th June 2019 Lords Chamber

[Lord Storey (LD)]

My Lords, I declare my interest as a vice-president of the Local Government Association.

We have heard too many harrowing statistics about knife crime, which is akin to a modern plague on our society. Many speakers have informed us of its awful impact. Of course, many more young people are involved in knife crime than the figures for arrests show. What is the impact on the lives of those young people and their families of carrying a knife, whether it be as part of a gang or as an individual for self-defence? I am sure that none of us can imagine what it must be like to lose a loved one through a fatal stabbing: the knock on the door and the police officer standing there with the family liaison officer to tell you that your son or daughter has been stabbed to death.

I want to spend my seven minutes drawing on my experiences in local government and education in an attempt to understand what is going on and why this is happening, and perhaps how we can prevent it. In my view, it is not just about the shocking rise in knife crime but the breakdown of the fabric of many communities and the alienation of young people from those communities, particularly those on the margins.

When I look back to my childhood, or indeed those of my children, I see a very different community experience than that faced by young people today. Many young people in school, and quite a few who are not in school, will grow up without being able to join a local youth club, or to go to the after-school club, as most of them have to be paid for now. They will be without a local library and unable to afford to go to the leisure centre or swimming pool, and they will never see a detached youth worker or indeed a neighbourhood bobby or community police officer.

Last summer, the Children’s Commissioner spoke of “battery” children—those barely leaving their flats during the long summer holidays. What has happened to holiday play schemes provided by local councils in parks and on playing fields? I can remember in Liverpool marvelling at a national programme called Summer Splash. The young people, with student mentors, enjoyed engaging, developmental, inspiring summer activities. The scheme involved thousands upon thousands of young people for every day of the summer holidays and changed their lives for good. That was in the days when it was fashionable to talk about community development and community cohesion.

Today, to ask about summer play schemes is to ask a purely rhetorical question. Local authority budgets, as we heard from my noble friend Lady Pinnock, have been so reduced that there is no money left to provide for these positive activities, which are now seen by local authorities as unaffordable luxuries. Many children are growing up in communities where the only contact with the local authority is if they come to the notice of social services, the fourth emergency service. Local councils are having to cut statutory services, let alone sustain more positive services and develop policies for community development and cohesion.

Noble Lords may be wondering what all this has to do with knife crime. The answer is: nothing, directly. I am trying to lay out the sort of community that too many people grow up in. We have succeeded in fragmenting and destroying much of the fabric of local communities. In tandem with dealing with the immediate, we must attempt to rebuild an infrastructure that will offer children and young people a range of positive activities that provide an alternative to the violent gang culture which is becoming normalised in some parts of our cities.

I am sure that the £40,000 annual cost of a place in a youth offending institution would more than cover the cost of a youth worker. Ensuring that just one young person a year did not stab someone is surely worth striving for. We hear a lot about early intervention; investment in the communities in which our young people are growing up is an investment worth making in simple economic, cost-benefit terms. In human terms, the dividends are far greater.

This debate should not be about knife crime: knife crime is a symptom, not a cause. Why are we allowing half a million young people, often in the most difficult circumstances, to be excluded from our schools? The Department for Education does not know how many children are excluded, nor how many are placed with unregistered providers who have never been inspected. Noble Lords need only read the House of Commons Select Committee report on alternative provision to realise how serious the problem is. We have thousands of young people—often in the most disadvantaged circumstances, often with learning and behavioural difficulties—with nothing to do and nowhere to go. It is hardly surprising that these young people are drawn into or recruited into gangs, with all that gang culture entails. Integral to that culture are drugs, violence and of course knife crime. Is this any way for society to allow its young people to be treated?

Offensive Weapons Bill

Lord Storey Excerpts

2nd reading (Hansard): House of Lords
Monday 7th January 2019 Lords Chamber

[Lord Storey (LD)]

My Lords, this is, quite rightly, a sombre Second Reading debate. I followed the passage of the Bill through the other place with interest and I share the sadness of many speakers so far that we need this legislation.

Sometimes we need to take a step back and understand why things happen and the causes of actions. Sometimes a knee-jerk reaction saying “We need to ban something” is not always the right approach. Let us be quite clear: today in our country many women, particularly young women, walk out at night with their car keys acting as knuckle-dusters in case they are attacked. It is a natural reaction to be fearful. If our communities were safer, if there were more police on the beat and if there were community policing, perhaps people would feel safer and would not feel the necessity to arm themselves. That is not to say that stabbing somebody to death or throwing acid in somebody’s face is acceptable. In my view, in most cases it is downright evil.

I cannot imagine anything worse than a police officer appearing at the door and telling you that your son or daughter has been stabbed or shot to death or being told that your daughter or son had been charged with a stabbing or shooting offence. It is sad that legislation is needed, but we must keep our communities safe and protect the most vulnerable. Only a few days ago in my city a knife-wielding gang ran amok in daytime in the city centre terrifying tourists and residents alike. I was shocked when my noble friend Lord Paddick said that every day in the UK somebody is stabbed to death. Many of us have mentioned Mr Pomeroy, who was stabbed nine times. Our hearts and thoughts go out to all the people who have been caught up in these awful events

In the Government’s Serious Violence Strategy, published in April 2018, we learned that:

“We want to make clear that our approach is not solely focused on law enforcement, very important as that is, but depends on partnerships across a number of sectors such as education, health, social services, housing, youth services, and victim services”.


The four strands of that strategy are,

“tackling county lines and misuse of drugs, early intervention and prevention, supporting communities and partnerships, and an effective law enforcement and criminal justice response”.

When I read the strategy, I was very pleased that the second strand was early intervention and prevention. I have an interest in children and young people. While the Bill is focused on the fourth of these strands—the effective law enforcement and criminal justice response—I think that in this debate we need to place on the record the importance of early intervention and prevention, which is a much more significant and positive approach than those which the Bill proposes.

Chapter 4 of the Serious Violence Strategy, published in April 2018, deals with early intervention and prevention, and there is a list of what the Government call “Key actions and commitments”. The chapter opens with the following:

“We must prevent people from committing serious violence by developing resilience, and supporting positive alternatives and timely interventions. Prevention and early intervention are at the heart of our approach to tackling serious violence”.


It goes on to say:

“A universal intervention builds resilience in young people through supporting positive choices, improving critical thinking skills, providing healthy, stable and supportive frameworks whether in the home or school”.


The strategy talks about further work to support schools and,

“plans to deliver face-to-face support for parents of children with mental health problems and improve early interventions with young people with mental health issues”.

I am tired of hearing about intentions to improve mental health provision for children and young people. We all know which road is paved with good intentions. The record of recent Governments on mental health in general and child mental health in particular is, quite frankly, not good enough.

Today, the Prime Minister launched the NHS Long Term Plan, with yet more promises about child mental health. The Government seem proud of the fact that,

“in 2017/18, around 30.5% of children and young people then estimated to have a mental health condition were able to benefit from treatment and support, up from an estimated 25% two years earlier”,

and they seem satisfied that:

“Over the next five years the NHS will fund new Mental Health Support Teams working in schools and colleges, building on the support already available, which will be rolled out to between one-fifth and a quarter of the country by the end of 2023”.


The intention to roll out support to 25% of schools and colleges by 2023 will be of no comfort to the 18,000 schools that do not make the cut. And to read that:

“The NHS work with schools, parents and local councils will reveal whether more upstream preventative support, including better information sharing and the use of digital interventions, helps moderate the need for specialist child and adolescent mental health services”,


is, quite simply, ridiculous.

Developing resilience is another major element of the preventive strategy. I am all in favour of developing resilience and promoting character-building in children and young people, but the Government still cannot agree to make PSHE a statutory part of the national curriculum or agree on what would be included in that provision. This is surely the subject in which resilience can be developed. Our children and young people are tested endlessly on a content-based curriculum, with school leaders and teachers’ futures dependent on performance tables. This focus on SATs and EBacc results has squeezed out many of the curricular and extra-curricular activities that help children and young people develop resilience and build character.

I was not going to mention social media, but the noble Baroness, Lady Newlove, in her quite emotional speech, did. I do not think that we have understood the significant impact that social media can have on the minds of young people. To see teenage gangs glorifying knives and other weapons and being allowed to run these things on social media for days and sometimes weeks on end is, quite frankly, not good enough. Similarly, we have not completely understood the whole issue of video games. I think that they have a serious effect on young people. When children can get hold of video games that glorify violence, that must be something for us to think about, and perhaps this will be an opportunity for us to do so.

I shall give another example. In our rush to get better results, we now “off-roll” pupils. To get rid of difficult pupils and difficult problems, many schools will off-roll pupils to the street corner, where they become easy prey for violent teenage gangs and, in some cases, drug dealers. In terms of diverting young people away from violent activities, it is unfortunate, to say the least, that, as the noble Earl, Lord Listowel, rightly said, we have seen youth services cut to the bone, with the voluntary sector often the only providers of these services. Detached youth workers would seek out disaffected young people, whether they gathered near the bus shelter, on the street corner or in the park, and would talk to them, help and advise them. They no longer exist. There is no longer any support for those young people.

I am sure that we do not want to adopt the American response to violence which, with the full support of the President, is to give more people guns. The commission investigating the high-school massacre in Parkland, Florida, unanimously approved a report which included the recommendation that teachers should be able to carry guns—my goodness. Fighting fire with fire is not a solution for the UK. The answer is building up young people’s resilience, dealing with mental health problems immediately and effectively, and providing support in communities.

I support this Bill while regretting the necessity for it; however, I deplore the fact that austerity has been used an excuse to deprive young people of so many positive alternatives to carrying a knife or worse. Let us reflect on the fact that it costs £40,000 per year to keep a young person in prison—twice the cost of a youth worker.

Women: Events Industry

Lord Storey Excerpts

Tuesday 30th January 2018 Lords Chamber

[Baroness Williams of Trafford]

My Lords, it is important to understand that non-disclosure agreements, which I think the noble Baroness is referring to and which are sometimes called confidentiality agreements, may legitimately form part of a contract of employment. But these would be legitimate to protect trade secrets, for example. They cannot preclude an individual from asserting statutory rights, either under the Employment Rights Act or the Equality Act 2010.

[Lord Storey (LD)]

My Lords, I thank the Minister for her detailed response, which was helpful. The obtaining of charitable status brings responsibilities, and many people are shocked that the Presidents Club was a charity. Will the Minister elaborate a bit more on guidance that is given to charities—surely there is no place for a charity to issue gagging orders or confidentiality agreements—and please ensure that this is a thing of the past?

[Baroness Williams of Trafford]

My Lords, every time something like this happens we hope that it is a thing of the past, and there have now been quite a few occasions at which this sort of behaviour has gone on. The Charity Commission is interested in this matter because of whether this charity acted in accordance with the rules.

Childcare

Lord Storey Excerpts

Wednesday 5th March 2014 Lords Chamber

[Baroness Northover]

Yes, I have read the report to which the noble Baroness refers. It is of course extremely important that we have good-quality childcare so that the trend of mothers returning to work can continue. As for the availability of childcare places, however, we have found, using information from providers, that there are 300,000 unfilled places nationally—which is encouraging. In other words, there are places. I realise that the information to which the noble Baroness refers comes from local authorities. One has to worry somewhat about the quality of their data when they do not square with what the providers are saying.

[Lord Storey (LD)]

My Lords, my noble friend’s Answer to my noble friend Lady Jenkin showed the huge amount that is being done for childcare. My noble friend may be aware that recent figures show, as regards the most disadvantaged two year-olds, that there is only a 15% take-up of formal childcare provision. How can we ensure that this particular group, which is key to social mobility, takes up that opportunity?

[Baroness Northover]

My noble friend will know about the scheme for disadvantaged two year-olds. He might be pleased to know that only one month after launching that scheme 92,000 children have benefited. That is 70% of the deprived children who we wish to reach, which is remarkable in only one month.

Travel to School: Rural Areas

Lord Storey Excerpts

Wednesday 26th February 2014 Lords Chamber

Asked by

[Lord Storey]

To ask Her Majesty’s Government what support is given to young people living in rural areas to enable them to travel to school or college.

[Baroness Northover (LD)]

My Lords, all local authorities must provide free transport to children with special educational needs or a disability who are unable to walk to school, and to children aged five to 16 whose nearest suitable school is more than two miles away for children under eight and more than three miles for those aged eight to 16. There is additional support for children from lower-income families. Students over 16 can benefit from a range of discretionary or subsidised travel from the local authority and local operators and from the 16-19 Bursary Fund.

[Lord Storey (LD)]

My noble friend will be aware that young people have to stay in education or training to the age of 18 now. She will also be aware that 46% of local authorities have cut funding for bus transport. In rural areas, how does a young person who has to perhaps travel a bus journey of a couple of hours to their college, on an often infrequent service, afford these extra costs? Does she have any idea where this money could come from, as many of them now face crippling bills?

[Baroness Northover]

My Lords, it is clearly very important that young people attend college or school and we recognise that it can indeed be very costly for them to travel, especially in rural areas. Local authorities set out annually the arrangements for transport in their area. Typically, that is for young people to pay an annual fee—a fixed amount. I have a number of details of what is provided. It can be especially good value for those who live in rural areas and for particularly disadvantaged young people, as I mentioned, there is the bursary fund.

Children and Families Bill

Lord Storey Excerpts

Monday 18th November 2013 Grand Committee

[Baroness Lister of Burtersett (Lab)]

My Lords, I will speak very briefly in support of Amendment 246.

I cannot see any justification for excluding part-time educational institutions. Corporal punishment is corporal punishment; the impact on the child is the same, whether it takes place in a full-time or a part-time educational institution. Therefore, I hope the Minister will support the amendment—or, if not, will explain why.

[Lord Storey (LD)]

I will speak to Amendment 246, which I have also put my name to, and I thank my noble friend Baroness Walmsley for the detailed way in which she spoke to the amendment.

We were probably all watching Children in Need on Saturday. We saw young children in all sorts of situations. The idea that you respond to children who misbehave with corporal punishment beggars belief. I was teaching— in 1987, I think it was—when corporal punishment in schools was abolished. There were all sorts of dire warnings about what would happen. In fact, nothing happened. It made schools focus on proper child behaviour approaches.

I did not know, at that time, that the 1987 legislation did not include part-time institutions. I think that beggars belief. Any hitting of children, any corporal punishment, is child abuse. There is no other way to describe it. Like the noble Baroness, I would be interested to know, when the Minister replies, why we cannot take that next step, to make sure that corporal punishment is banned, outlawed, not allowed, in any establishment, whether part-time or otherwise.

[Baroness Benjamin (LD)]

My Lords, I, too, strongly support the amendments of my noble friend Lady Walmsley.

I will speak first to Amendment 243. For many years I was a school governor. One of my roles was that of child protection officer, for which I had to undergo training provided by the local council. These training sessions were attended by people across the borough, with responsibilities not just in schools but in community centres, Saturday schools and churches. At one such session I realised the worrying extent of superstition in these latter environments, involving children who, it was believed, were possessed by evil spirits.

The protection officers who also attended the training asked for better policies and advice to be put in place in establishments other than schools. They highlighted the need for training to protect children from what they believed was serious physical and mental abuse, driven by traditional superstition and sometimes religious beliefs. This abuse punished children who showed strong will or who misbehaved, perhaps because of learning difficulties, or because of conditions such as autism or dyslexia, or undiagnosed conditions which parents and families might not have been aware of or familiar with.

I also support Amendment 246. It has been brought to my attention, for some years now and from people across the country, that many children have had to endure corporal punishment and beatings in part-time educational institutions if they do not remember or learn work set for them, or achieve what is expected of them. This cruelty has to stop. We must not ignore any plea to safeguard all children, no matter where they are, what communities they live in, or where they come from. I therefore wholeheartedly support these amendments and hope that the Minister will put in place measures to protect these unfortunate children who have had to endure such awful and highly illegal abuse and cruelty.

--- Later in debate ---

[Lord Storey]

I understand the point my noble friend makes about the reluctance of parents to report abuses. Does that not indicate that the law needs to be changed so that corporal punishment is not allowed in any setting? What will happen if certain settings refuse to sign the code of conduct? What sanctions have we got?

[Baroness Northover]

As I mentioned, this is a voluntary code. We are developing it and taking it forward. I am well aware that my noble friends may feel that that may not immediately go as far as they might wish, but I hope that they will welcome a move in the right direction. Let us see how we can take this forward. We need to make sure that a number of these organisations begin to sign up to this, because that is what will make a difference as they change the way they do things in relation to children in their care. We need to move things forward in a number of different ways. We will keep this under review and see how it is working. No doubt noble Lords will wish to probe to see how it is working out.

Children and Families Bill

Lord Storey Excerpts

Wednesday 30th October 2013 Grand Committee

[Lord Lucas (Con)]

My Lords, we have had a briefing from Universities UK on this subject, which I suspect was compiled largely by talking to registrars, who wish that the problem would go away and who feel that it is not really their responsibility. I think disability officers in universities would take a rather different attitude, which is that they are not receiving the support they need regarding health and social care from their local authorities or clinical commissioning groups, which tend to regard the itinerant student population as somebody else’s responsibility and to think that an 18-month waiting list for mental health treatment for a student is appropriate.

I think there is a wish within universities for a better connected, more responsive system, such as we are putting in place for students in FE. I understand from what various noble Lords, particularly the noble Baroness, Lady Brinton, have said that there are some aspects of the system that has been put in place for younger ages that would not fit universities. We ought to look carefully at what would suit university students. We ought to do so by talking to the people in universities who have to deal with these problems. They are conscious that the system they face at the moment is not by any means as good as it might be, and not as good as the sorts of things we are putting in place through this Bill.

I hope my noble friend will allow me to come and keep her company between now and Report with some of the people who deal with this as a daily issue in higher education to see whether there are some changes, whether in guidance or the Bill—I suspect probably in guidance—that would alleviate the problems they suffer in doing well by the disabled students they have to look after.

[Lord Storey (LD)]

We all want the same thing, and on Report I shall be interested to hear what the Minister has to say. I have current examples of young people who have gone to university, a young girl with cerebral palsy being one. My personal experience is that they have been very well supported by the universities, and all credit to them for giving that tremendous support. If we have established an education, health and care plan post-higher education, it just seems sensible to me, in my innocent way, if the requirements in that plan are carried through for the student when they go into higher education. I can appreciate that there might be slight delays because of the timescale of applying and getting to know and getting to grips with the university, but it seems common sense that if a young person has special needs, whatever they are, and they are contained in the plan, then the plan should be carried forward with them and continued into higher education. That seems simple and it would help the student a great deal.

[Baroness Northover (LD)]

My Lords, I thank noble Lords for this stimulating and important debate, and I thank my noble friend Lord Lingfield for initiating it. We all very much agree on what we are trying to do here, and I am very grateful to him for emphasising that these are probing amendments, testing why we are doing things as we suggest here.

We share his ambition and that of other noble Lords that there should indeed be a seamless transition of support between school and higher education. We share noble Lords’ ambition that young people with SEN and disabilities should reach their full potential, including securing a place at university where that is an agreed goal and is appropriate. However, we do not believe that bringing higher education institutions into the framework of this Bill will help us to further that ambition. My noble friend Lady Brinton very much touched on that when she emphasised that this is about the local offer. Exactly how this would be applied as far as higher education is concerned is slightly different.

Higher education institutions are independent and autonomous organisations, responsible for all decisions on student admissions. When young people take up a place in higher education, they start a new phase of education—one in which they will be expected to develop a different approach to learning. Universities, not local authorities, are therefore best placed to support young people through this transition. However, I shall come back to the transition point in a minute.

Higher education courses will vary greatly in terms of content, delivery and assessment across institutions and subjects. Local authorities have no part in providing or commissioning higher education, and are unlikely to have the skills or experience to write a plan to suit the specific nature of the course being studied or the approach of the university.

As Universities UK says in its briefing on these amendments:

“The level of specialist knowledge required in assessing support needs for students on particular degree courses can be extensive, and is best carried out within the institutions delivering those courses. Universities UK would not want to see this system supplanted or duplicated by a local authority-based system”.

Of course, higher education institutions come under the Equality Act, like everything else. They are responsible for complying with the law in promoting disability equality and for making reasonable adjustments for disabled people. Universities take these duties very seriously. A recent report published by the Equality and Human Rights Commission on the publication of equality objectives by English public authorities shows that higher education institutions are the best performing bodies in the public sector in publishing policy objectives on disability. Institutions are expected to have in place arrangements that can proactively meet the needs of disabled students and can be adapted to individual circumstances.

--- Later in debate ---

[Lord Northbourne (CB)]

My Lords, I would like to raise two small points. The first relates to page 24, lines 37 and 38, which refer to,

“education, health and care provision” ,

and “other educational provision”. There is no definition of “education” and it could be interpreted as meaning academic education or education for life. Although the one may include the other, it is very important to know what we are talking about. I am inclined to think that there might be a case for introducing an amendment on Report to clarify exactly what this clause means.

Secondly, in Amendment 107, tabled by the noble Baroness, Lady Howarth, in which she would put in,

“arrangements to assist young people and parents in managing a personal budget should they choose one”,

there ought also to be a wider reference there to the skills that young people ought to be learning. Again, it depends rather on which definition of education we are using. If we are using a fairly narrow definition of it then I would include, at line 7 of page 25, a subsection referring to relationship skills, personal and social skills and another on understanding the role of families and the responsibilities of parenthood. I can only put those suggestions to the Committee but I would be grateful if the Minister could consider them in due course.

[Lord Storey]

My Lords, first, I make a general point. The notion or the policy of a local offer is hugely important as, for the first time, parents and families will know what is available and it will be clear, concise and jargon-free. I have sympathy with most of the amendments that have been tabled but if we read the code of conduct it makes it clear what should happen. What is the local offer? It says clearly in the code of conduct that it must include both local provision and provision outside that particular area, given what is available in other areas. It refers to how it has to be clear, comprehensive and accessible and to engaging parents, children and young people. Hallelujah! It says that it should be easy to understand, and so on. So when the Bill is linked to the code of conduct, many of our concerns are dealt with there. Some word changes in the code would perhaps help it in some way. However, I am very much reassured, since in the code “should” is often replaced by “must”.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I am grateful to the noble Lord, Lord Low, for introducing his amendments, to which we have added our names. I speak in support of the amendments and of other noble Lords who have spoken in the debate.

We are all in our own way trying to address one of the fundamental concerns about the impact of Part 3 of the Bill. As a number of noble Lords have said, of course we welcome the principle of a published local offer—it has been widely welcomed by many in the sector—but our concern is what the local offer will mean in practice and what certainty of provision will underpin it. Like many other noble Lords, we feel that there is an urgent need to clarify this to avoid it becoming a wish list of the unobtainable.

In essence, there should be a legal duty on local authorities to provide what is set out in the local offer. As the noble Lord, Lord Low, made clear in moving the amendment, the solution could be relatively simple. Subsection (1) currently states that the local authority must publish information about the provision which it “expects to be available”; our amendment would simply switch that from “expects to be” to “is”. As I say, it is a simple solution. However, it is important because making that change will give those people who are trying to operate in this sector, under these rules, the reassurance that they need.

The document is intended to give parents, children and young people clear information about the local services and support available to them. Of course we welcome giving parents more information, but clarity and accountability are key to this information being effective. The local offer should be a document on which parents can rely and for which the local authority can be held accountable. However, how can we ensure accountability when the statement is one of expectation and ambition?

We also want to ensure minimum standards for the local offer, irrespective of where people live. We will return to that issue in a later debate today.

When this was discussed in the Commons the Minister said that the word “expects” reflects ambition rather than weakness. He said that the local offer will make it clear how parents and young people can complain or appeal if they are unhappy with any of the provisions set out in it so that the matter can be taken up with the service provider concerned. This seems a strange way to go about it. Why rely on an effective appeals system when we should be getting the provision right in the first place? This is particularly so when you consider how difficult it is for people to bring forward an appeal. You need to look only at the recent SEND tribunal statistics to realise some of the difficulties that are being experienced in this regard.

In addition, there is a worrying reliance on the detail of the arrangements to be prescribed in regulation and in the code of practice, which again makes it difficult to challenge. I say to the noble Lord, Lord Storey, that the draft code of practice repeats the get-out clause for local authorities of publishing what they expect to be available. So there is a flaw in the argument about where the information should be held and accessed.

As my noble friend Lady Wilkins said, there is an understandable concern across the sector that at a time of considerable pressure on local authority budgets, with children’s services already being cut back, parents will have no control over the services in the local offer being withdrawn in the future.

I have listened carefully to the issues around personal budgets raised by the noble Baroness, Lady Howarth, and I have a great deal of sympathy with the points that she raises. Our Amendment 180, which we will debate later in the Bill, will tackle these issues in a different way. We are trying to ensure that, rather than rushing into a new regime of personal budgets, with the potential difficulties that the noble Baroness identified, we take time to learn from the pathfinder experience before implementing that section of the Bill. We have to get this right.

We think these amendments are essential to making the local offer a meaningful, substantial service that would genuinely be welcomed by service users. I hope that the Minister will be prepared to reconsider his position on this basis.

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[Lord Northbourne]

My Lords, I should just like to follow up on that suggestion, as it fits in with what I was saying earlier. What is needed is a positive rather than a negative incentive to the local authority that wants to take on and do a good job with especially difficult cases. Would the Government consider the possibility of a variable pupil premium that could be larger for the children and young people who have real problems?

[Lord Storey]

I think we have heard some very wise words from a number of noble Lords. I was particularly taken with the comments of the noble Baroness, Lady Morris of Yardley, which I thought were spot on. However, my interpretation, or end result, is slightly different from hers.

I think that we are all trying to aim for the right result and that we are probably getting there. I have a number of fears, which were expressed by the noble Baroness, Lady Eaton. First, there must be some sort of quality assurance. We must be assured about what is happening in the local offer. In a sense the clue is in the title: it is a local offer, not a national offer, and that is really important, so I am not sure that wielding the inspection stick is the right quality assurance. I think that it has to be more of a partnership assurance. I fear that, as the noble Baroness, Lady Hughes, said, there would be not so much a race to the bottom as a race to the minimum. Many local authorities would be in that position.

I am not involved in the Local Government Association, which is there not always to save money—it prefers to spend money. However, I was very taken with its wise words. It said that it does not support the introduction of minimum standards for the local offer as,

“we are concerned that central prescription could reduce councils’ flexibility to allow for local solutions, based on a conversation with parents and young people, to respond to individual and local needs”.

How true that is. It also rightly says:

“SEN also varies from one local authority area to another because of the nature of the local population. There are higher levels of need in some areas, which allows the local authority to provide more specialist services than other areas, which have less need for that specialist service or have different needs”.

I am sure the Minister will listen carefully to what it says. I was quite taken with the comment of my noble friend Lady Brinton about having, if you like, a common template. She was right on that and was right to say that if the Government do not do it, someone else will. We have to draw together the strands because we all want the same thing. If we want the local offer to work, parents will have to have confidence in it, and it will have to have the quality that would provide that confidence.

[Lord Ramsbotham]

Perhaps I may respond to the noble Lord, Lord Storey. This is precisely what I was saying: the best inspections—and I am talking about the safeguarding reports—were not inspections carried out by one organisation; they were partnership inspections. I call them inspections because they were carried out by inspectorates but they were partnerships of all the people involved. The theme always was looking for the Government saying “what” and leaving the “how” to the local authorities.

The other benefit of having that kind of partnership looking at these matters is that you can identify good practice somewhere, and you can spread it in the hope that it becomes common practice everywhere.

Children and Families Bill

Lord Storey Excerpts

Monday 28th October 2013 Grand Committee

[Lord Storey (LD)]

My Lords, I very much agree. On the one hand, it is hugely important that there is early identification and early intervention. I guess that the move towards childminder agencies will ensure a more codified standard. However, there are some cracking, fantastic individual childminders. There is a danger that we will lose that whole body of people who do not want to be part of an agency but who have real talent and expertise, as we go headlong to have agencies which have to do all the following things. I am quite nervous about that move. As we have heard, district nurses and midwives have a huge part to play in early identification. We need to be very careful about how we move in that direction.

[The Countess of Mar]

My Lords, I support the noble Lord, Lord Ramsbotham, and the noble Baroness in their amendments. When my elder granddaughter came to visit us, we found it very difficult to understand what she was saying. When she got to the age of three and a half my husband, who was a schoolteacher, was saying, “Huh, huh, huh” or “Ber, ber, ber” to her to try to get her to pronounce things. My daughter got into a furious rage and took her home, but then realised that the child could not communicate and was getting very frustrated because we could not understand what she was saying. She took her to a speech therapist. On the health service, it would have been 14 or 15 months before she could get help, so she took her privately. My granddaughter was diagnosed as being quite severely dyspraxic. She struggled through school but got her A-levels and is now deliriously happy at university doing a course in fine arts, restoration and conservation, which is right up her street. She was caught early, which is so important. She will have a career; everyone wants someone who can conserve things. She has been to the House and visited the conservators.

It is important that we catch them early. My granddaughter started off being able to speak at the age of nine months, but then had an accident involving a head injury that was not picked up, so midwives or district nurses would not have seen that. The noble Lord, Lord Ramsbotham, and the noble Baroness have an important point.