Children’s Wellbeing and Schools Bill
Lord Watson of Invergowrie Excerpts(3 weeks, 1 day ago)
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Lord Watson of Invergowrie (Lab)
My Lords, if my Amendment 505C appears something of an outlier, it is only because it is. It would have been more appropriate for it to have been introduced in Part 1 of the Bill, but I have to be honest and say that, at the time, I was unaware of it as an issue. Being even more honest, I have to say that, had I been following the progress of the Mental Health Bill, I might well have been. I acknowledge the assistance of the clerks in the Public Bill Office for finding me a peg on which to hang this, and also the assistance of JUSTICE, the law reform charity, for briefings and context.
Whatever the view of noble Lords on the contracting out of vital public services, I am confident enough to say that nobody on any side of your Lordships’ House wants people to be treated less decently and with fewer human rights because a service is being provided by an outside contractor rather than directly. The Human Rights Act is an essential tool for individuals to hold public bodies to account. It requires public authorities to act in compatibility with the rights set out in the European Convention on Human Rights, and this definition of a public authority has been narrowly interpreted by the courts. In a 2008 case, it was found that a private care home was not a public authority, despite the plaintiff’s placement being funded entirely by that local authority.
The years since then have of course seen a large expansion of core government services contracted out to the private sector, leading to an accountability gap in our human rights legislation. In the care sector, more than 80% of children’s homes are now run by private companies. That is an increase of 20% since 2010, and the figure continues to rise.
In 2014, an attempt was made to fill that accountability gap for care provision with the Care Act of that year. The then coalition Government made it clear that
“it wishes all providers of publicly arranged care services to consider themselves bound by the Human Rights Act, including private providers under contracts with local authorities”.
But a 2024 case demonstrated that this was not sufficient. A man with chronic and treatment-resistant schizophrenia, whose care and treatment had been funded by a combination of Manchester City Council and an NHS trust, sadly died. His family brought a claim against the private nursing home provider and the trust, arguing that his death had resulted from the private provider’s breaches of the Human Rights Act. However, the High Court struck out the human rights aspect of the claim, ruling that the man’s circumstances fell outside the scope of the provisions of Section 73 of the Care Act 2014.
That ruling highlights significant wider concerns for commissioned children’s health and social care services—although they are not covered by Section 73 of the Care Act because, as things stand, a private provider does not have human rights obligations to children in their publicly funded care. This is particularly important given the scale of outsourcing in the children’s social care market. Some 90% of children’s social care services shut down by Ofsted for not meeting standards to protect children, or where there was evidence of harm, are operated by private organisations.
Since four out of five children’s homes are operated by for-profit companies, there are reasons to be concerned about how well children’s human rights are protected in that social care sector. Children’s care settings provide services to some of the most vulnerable children in our society, and the Children’s Commissioner said in highlighting this last year:
“Children in care have the most prescribed rights in law, and yet these rights are often the least reflected in their experience. … We cannot meet children’s rights unless our public services are of sufficient quality to provide what children need”.
In January, when the Bill had its Second Reading in another place, the Minister of State said that the Bill would
“stop vulnerable children falling through the cracks in our services”.—[Official Report, Commons, 8/1/25; col. 953.]
The Human Rights Act is a crucial safeguard for individuals up and down this country on a day-to-day basis, especially for those with vulnerabilities who rely on the state. As the Care Quality Commission set out in 2023, a focus on human rights
“ensures people receive good care and helps us fulfil our duties and purpose by meeting our legal obligations”.
However, people do fall through the cracks, and not just young people. The uncertainty in the law means that private providers may have no direct statutory obligation to act compatibly with children’s ECHR rights and that children—and, by definition, their families—may have no direct remedy against private providers for human rights violations. The Bill is an important opportunity to extend human rights protections to all those in commissioned children’s care, irrespective of who the provider is.
It is not sufficient to say that it may be possible for a claim to be brought against a local authority. Why should parents be required to do that? The Joint Committee on Human Rights dealt with this during the passage of the Care Act 2014, making it clear that:
“The inadequacy of such indirect protection has long been a matter of consensus in debates and reports about this issue”.
It has also been a cross-party position for many years that those in publicly funded care deserve full human rights protections and that providers must be directly accountable for breaching human rights, as was demonstrated by the cross-party support for changing the law through the Mental Health Bill earlier this year. During Report of that Bill in your Lordships’ House, when my noble friend Lady Keeley proposed an amendment on adult mental health care and treatment, the Minister—my noble friend Lady Blake—said that the Government were
“particularly conscious of the references to children’s services”,
and that it was
“an issue that we have, of course, been discussing with the DfE”.—[Official Report, 2/4/25; col. 337.]
My noble friend pledged to take the matter forward, and she did so very effectively, because it resulted in what is now Clause 52 of that Bill, which amends the Human Rights Act 1998 and states,
“A registered care provider is to be regarded for the purposes of section 6(3)(b) of the Human Rights Act 1998 as exercising a function of a public nature in providing any of the services mentioned in subsection (2) (to the extent that it would not otherwise be so regarded)”.
The Children’s Wellbeing and Schools Bill is, as I said, an important opportunity to ensure that all private providers of children’s services commissioned by local authorities, whether in social care, education or disability-related services, are treated as public authorities under the Human Rights Act. I very much hope that my noble friend the Minister will signify that the Government intend to follow the lead of her Ministerial colleagues on the Mental Health Bill when this Bill reaches Report. If she is unwilling or unable to do so, I hope that she will arrange for the statement called for in Amendment 505C to be published.
Baroness Barran (Con)
My Lords, as we have heard, this group of amendments would introduce a number of reviews of the Bill. Those in the name of my noble friend Lord Wei also seek to limit the new powers in the Bill in relation to elective home-educated children.
Amendment 502C from my noble friend Lord Norton of Louth would introduce a review of the Act after five years, and my noble friend made an extremely articulate and clear case for this. I think my noble friend said that there were already over 20 examples of amendments seeking reviews of different parts of the Bill. Although concerns about Part 2—which we have debated more recently—are certainly uppermost in my mind, those of us with long memories will remember some of the concerns about the pace of and evidence base for the reforms to children’s social care in Part 1.
My noble friend set out some criteria for post-legislative scrutiny: it should be a substantial Bill—I think that, on day 12, we can agree this is a substantial Bill; it should introduce major changes; it has unquestionably been controversial; and it did not have pre-legislative scrutiny. I thought almost the strongest point is that this would allow the Government to demonstrate their confidence that the Bill will deliver on the changes that the Government seek and the impact that the Government desire, so I hope very much that the noble Baroness will be able to accept my noble friend’s amendment.
Amendment 505C in the name of the noble Lord, Lord Watson of Invergowrie, again very ably presented, highlights concerns about the responsibilities of private providers of children’s social care in relation to children’s human rights. Again, it would be helpful to hear the Minister’s response to this. For my part, I suppose I would prefer the Government’s focus to be on the quality of care that children receive when they are in local authority care, in a children’s home or, potentially, in foster care, as in this case. They already have considerable rights enshrined in legislation, as the noble Lord said; what we need is for the culture in those organisations to make sure that children receive the care that they so very rightly deserve.
Baroness Smith of Malvern (Lab)
The noble Lord is right that noble Lords have spent considerable hours on this—some more than others, I think it is fair to say.
Amendment 505C, tabled by my noble friend Lord Watson of Invergowrie, seeks assurances, via a published statement, on how the Human Rights Act 1998 applies to private providers of publicly funded children’s social care services. The amendment seeks a pause in the commencement of Clauses 12 to 18 of the Bill until such a statement is made. These clauses cover measures relating to provider and financial oversight, profit caps, Ofsted and Secretary of State powers to impose monetary penalties, and information sharing between Ofsted and the Secretary of State.
I thank my noble friend for bringing important human rights considerations to our attention. Protecting the human rights of all children is of paramount importance, and the Bill is delivering a number of important measures to stop vulnerable children falling through cracks in services. I completely understand the reasoning behind my noble friend’s amendment and would like to provide the Committee with reassurances on the robustness and broad applicability of the human rights legal framework, including for children’s social care services.
Section 6 of the Human Rights Act 1998 makes it unlawful for public authorities to act incompatibly with the European Convention on Human Rights, and this duty extends to private providers when they are performing functions of a public nature. There is no statutory definition of “functions of a public nature”, but relevant factors considered by the courts include the extent to which the body, in carrying out the relevant function, is publicly funded, exercising statutory powers, taking the place of central government or local authorities, or providing a public service. This broad-scope approach is intentional to ensure that a wide range of services can be captured, as appropriate.
Any statement that the Government make, as proposed by my noble friend, would not be legally binding. Whether a provider is carrying out functions of a public nature and is therefore in scope of the Human Rights Act is for the courts to determine, based on the facts in each specific case. However, to be clear, the Government’s position is that, were a court required to decide whether the private provision of core children’s social care services—services that local authorities are legally required to provide—falls in scope of the Human Rights Act 1998, we believe that the court would conclude that they were indeed performing a function of a public nature and would therefore be in scope.
My noble friend has identified the distinction between the approach taken here and that taken in the Mental Health Bill. As he said, the DHSC is making it explicit in that Bill that certain mental health services are deemed to be exercising a public function for the purposes of the Human Rights Act, but those amendments are being made following case law that identified a gap in the application of the HRA to the private provision of the services in question—some of which my noble friend referenced, I think.
No such gap has been identified through case law in relation to private provision of children’s social care services. Therefore, our view is that no clarification of the law is necessary for these services and, as I have emphasised, we continue to be of the view that the private provision of core children’s social care services would be considered to be within scope of the Human Rights Act. I suspect that, in pushing me, my noble friend might say, “Why don’t we take a belt-and-braces approach here, anyway?” The issue is that attempting to provide further specificity around certain services risks other services being unintentionally excluded by virtue of their omission. This is the way, as I understand it, that lawyers tend to work.
I emphasise again that we are content that the Human Rights Act as drafted is flexible enough to capture those functions that need to be within scope of the Human Rights Act 1998. We believe that would be upheld in any case with respect to children’s social care services. It is also important to remember that children’s social care is a highly regulated sector, subject to inspection and accountability processes aimed at keeping children safe and promoting their best interests. The local authority arranging or funding the relevant service would also always be within scope of the Human Rights Act in the exercise of its functions as a core public authority.
On this basis, I hope my noble friend might be reassured. We do not consider it necessary or appropriate to delay the commencement of other important Bill measures that are designed to ensure children in relevant settings are protected. We are confident in the existing legal framework and hope that we have provided the necessary reassurances and statements here today to reassure him. I hope, given my responses, that noble Lords would feel able to not press their amendments.
Lord Watson of Invergowrie (Lab)
I thank my noble friend for that very full response to Amendment 505C. I am not a lawyer, so I cannot say at this stage whether I accept the reassurance. I would like the opportunity to discuss it with her before Report, perhaps with some legal support on those points. She and her team have clearly gone into it deeply, and I appreciate that.
In closing, my noble friend talked about the extent to which this Bill has been subjected to scrutiny in Committee. I have been here 22 years now, and do not remember any Bill having had 12 days in Committee. I checked and we started this Committee on 20 May, fully four months ago, so I do not think anybody can say it has not had proper scrutiny. I would just like to draw an analogy. My noble friend mentioned earlier that she ran a 10K at the weekend, I imagine that must have felt like a walk in the park compared to steering this Bill through. I thank her and her other ministerial colleagues and Whips for the way in which they have approached it.
Baroness Smith of Malvern (Lab)
I am more than happy to meet my noble friend and to bring those legal minds with me that I hope will enable him to be reassured. Given that this is the last group that I will be responding to today, I also thank him for what he has said about this Committee stage. It has been lengthy, but usually carried out in a respectful, amicable and constructive way. For that, I particularly thank the opposition Front Benches and, obviously, my excellent Whip and co-responder my noble friend Lady Blake. I agree with my noble friend that I do not think anybody could say that we have not done our jobs as legislators in this place in well and truly giving this a good going over, and I thank all those who have been involved in that.
Children’s Wellbeing and Schools Bill
Lord Watson of Invergowrie Excerpts(3 weeks, 3 days ago)
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Lord Watson of Invergowrie (Lab)
Amendment 456 in my name would require new state schools opened after this Bill enters the statute book to have a limit on faith-based selection for admissions of 50% when the school is oversubscribed. This has been a requirement since 2011, but, as it stands, the Bill would end that requirement. We often hear amendments being dismissed by Ministers who warn of unintended consequences, but this appears to be an example of a Bill itself in danger of causing unintended consequences.
The determination by a succession of Tory Governments, initially hand in hand with the Lib Dems, to undermine maintained schools while promoting academies and free schools vigorously has meant that, since 2011, all new schools had to be free schools. There was one benefit of that policy, because free schools are subject to the 50% faith-based cap on admissions as part of their funding agreement. Clause 57 would remove the presumption that all new schools should be free schools and would instead allow other types of schools to be opened. That includes voluntary aided or foundation schools, which can be 100% religiously selective. Those types of schools will be allowed to open for the first time since the cap was introduced 14 years ago.
Was that an unintended consequence? If it was initially, it seems that the Government were not greatly concerned by it. When the issue was debated in another place, an amendment similar to Amendment 456 was voted down by the Government in Committee, and the same thing happened on Report. I hope that my noble friend will be able to say that, on deeper reflection, that is a position that she does not want to defend.
I say that because a cap on faith-based admissions has been demonstrated to strengthen ethnic integration. Analysis of data on faith schools shows that religiously selective schools operating under the 50% cap were significantly more ethnically diverse than schools that were 100% religiously selective. We should bear in mind that, at a time when the far right is seeking to divide communities on grounds of ethnicity, it is surely inappropriate to allow schools to entrench differences. This is a time for the Government to be promoting social and ethnic integration, not facilitating a means by which children grow up potentially not knowing anyone of their own age who is different from themselves. I cannot believe that that is what the Government want to see happening.
Faith-selective schools remain less inclusive across multiple factors. Compared to other schools, faith-selective schools admit fewer children eligible for free school meals than would be expected for their catchment areas, and 100% faith-selective admissions would only exacerbate inequalities in the school system. Last year, the Office of the Schools Adjudicator said that disadvantaged children, including those in care, miss out on school places because of faith-based admissions. Studies by the Sutton Trust and the London School of Economics reached the same conclusions. We know that 100% faith-selective schools will open if the provisions of Clause 57 remain. The Catholic Church and the Church of England will certainly do so, and it may be that Jewish, Muslim and Sikh groups would wish to do the same. They already exist.
In Committee in another place, the then Schools Minister Catherine McKinnell MP said,
“on the faith schools cap provision, we want to allow proposals for different types of school that will promote a diverse school system that supports parental choice”.—[Official Report, Commons, 6/2/25; col. 454.]
Supporting parental choice is admirable, but allowing new 100% faith-selective schools to open would not expand parental choice. It would actually limit it for parents in an area who do not adhere to the faith of the new school or indeed any faith. According to the British Social Attitudes survey, 53% of people now have no religion. Thus, potentially more than half of all parents have fewer choices for state-funded schools than their religious counterparts, and 100% faith selection allows their children to be rejected from an oversubscribed school on their doorstep in favour of the child of a parent in a home possibly miles away whose choice—that is, the religious affiliation—is the factor that allows them to be selected for admission.
I suggest that that is neither right nor fair. Lifting the 50% cap on admissions would be a regressive move, and not one that I believe should be sanctioned by a Labour Government. I suggest that Amendment 456 offers a means of avoiding that.
Baroness Burt of Solihull (LD)
My Lords, I wish to speak to my own Amendment 457 and to Amendment 456 in the name of the noble Lord, Lord Watson of Invergowrie, both of which deal with the issue of faith- based selection in school admissions.
My Amendment 457 speaks to the missing data that the Schools Minister raised in Committee in the other place. The Department for Education currently does not collect data on how admissions policies are applied in schools, and therefore we do not know how many parents are missing out on their preferred school placements because of their religion or because they do not have a religion. Collecting data would shed light on what the impact of faith-selective admissions is for parents and pupils and whether such selection is contributing to or undermining parental choice.
Amendment 456 should, I hope, be uncontroversial. Since 2011, all new faith schools, as all new schools, had to be free schools, and have been subject in their funding agreements to a 50% cap on faith-based selection in admissions when oversubscribed. In this situation, Amendment 456 is a simple tidying-up exercise—that is how I read it anyway—extending a standing policy for free schools with a religious character to all new state-maintained schools with a religious character that could open under Clause 57.
The Government have not in any way suggested that they oppose the 50% cap in principle. Following a consultation on the cap that showed overwhelming support for it to continue, the Government have stated that they will maintain the cap for free schools with a religious character. If the Government are supportive of allowing new 100% faith-selective schools to open, I ask the Minister to state that clearly before the Committee.
I wish to be clear that neither of these amendments oppose the opening or continuing service of faith schools in this country, many of which provide exemplary education for their pupils. What the amendment seeks to do is ensure that faith schools cannot limit parental choice and pupil diversity by hand-selecting whom they wish to accept.
Using selection of faith leads to less inclusion. Church of England and minority religion schools, subject to a 50% cap, have higher ethnic diversity compared with those not subject to the cap. Faith schools compared with schools without a religious character in the same catchment area have been found to accept fewer children on free school meals, according to the Sutton Trust; fewer children in care, according to the Office of the Schools Adjudicator; and fewer children with additional learning needs, according to research from the London School of Economics. Amendment 456 and my Amendment 457 would promote fairness and parental choice in the schools admissions policy. I commend them both to the Committee.
Lord Watson of Invergowrie (Lab)
My Lords, I shall speak to Amendment 479 in my name. Before doing so, I offer an apology to noble Lords, in particular the noble Lords, Lord Addington and Lord Holmes of Richmond. I added my name to their amendments in the previous group and fully intended to speak in support of them, but I got my timings rather wrong and did not arrive here until the first three speeches had been made. Because of that discourtesy, I felt it would have been inappropriate to contribute on that grouping.
Amendment 479 would not mean a material change for schools and colleges because it aims to make the existing guidance statutory, with programmes and support around that guidance already in place. Previous Governments have acknowledged concern at the worsening mental health among children and young people, with the most significant policies stemming from the 2018 Department for Education and Department of Health and Social Care joint Green Paper on children and young people’s mental health. That referenced the non-statutory guidance issued in 2015, Promoting Children and Young People’s Mental Health and Wellbeing: A Whole School or College Approach.
I welcome the fact that the Labour Government have continued with this commitment. The announcement from the Department for Education in May indicated that the rollout of the mental health support team programme will continue, with additional funding committed for this year and full rollout—aiming for 100% coverage of schools—expected by the end of the 2029-30 academic year. However, as the guidance is non-statutory, there is a current inequity of access to support for schools that would like more help with improving mental health and well-being in their setting. Most schools will have a trained senior mental health lead who understands whole-school approaches, but that person is often a current member of staff who may be juggling other roles, such as a pastoral lead, a SENCO or a safeguarding lead. Also, many schools may not have further access to a mental health support team until that programme reaches its conclusion by 2029-30.
Additionally, without statutory status, leaders and senior managers in schools may be tempted, understandably, to overlook this approach to improving a school’s ethos and environment when they are faced with a range of other issues, not least the challenges presented by attendance and behaviour. The Schools Wellbeing Partnership campaign group argues that, by improving the mental health and well-being of pupils, attendance and behaviour can be positively affected. This forms the foundation of support for all pupils, so that they can feel a true sense of belonging at a school and can thrive in that school’s environment. Whether or not the current guidance is made statutory, it certainly requires updating; incidentally, that last occurred in 2021.
With that in mind, I want to elaborate a little on the points listed in my amendment on whole-school approaches. There is an old saying: “You cannot improve what you cannot measure”. This relates to what the noble Lord, Lord O’Donnell, just said about evidence. Incidentally, I say to him in passing that I have bad news for him: he suggested that Manchester United are not as bad as seventh in the league table, but it is twice as bad as that, I am afraid. You have to measure before you can begin improvements. Identifying and measuring children and young people’s mental health and well-being will offer the necessary data, which schools can use to improve their environment, their teaching and their support.
I welcome Amendment 472, but a whole-school approach already has the tools to respond to that data. However, the current guidance needs to be strengthened to offer more robust information about schools. Updating the guidance and making it statutory would support schools in turning data into action plans and action plans into improvement, although that improvement will require further training for mental health leads. The training for staff taking on these roles ended in March this year. Perhaps my noble friend the Minister will be able to say if and when that essential training will resume.
Access to mental health support in schools was a manifesto commitment last year, and I commend the Government for wasting no time as that delivery has now begun. That is very welcome, of course, although there is concern that some mental health support teams are not able to provide the support that some specific cohorts of children require in some schools.
Finally, I want to touch on wider aspects of a whole- school approach. The Schools Wellbeing Partnership has long campaigned on this issue and recently published eight principles necessary for that approach to be fully effective. I will not list them just now due to the time, but I am very encouraged to note that all eight of those principles are contained in Ofsted’s proposed new inspection framework, so there is a very good chance that they will soon enter the mainstream. That would strengthen the effectiveness of the whole-school approaches necessary to ensure that children’s and young people’s mental health are taken seriously, and the necessary support is properly resourced. That support is too important to be left to optional guidance and simply must be made statutory to ensure those in need of it get the support that they deserve.
Lord Moynihan (Con)
I support the amendment from the noble Lord, Lord O’Donnell, to which I have attached my name. I have to say that after such a powerful speech—probably one of the best we have had in Committee—I was sort of waiting for the Minister to jump to her feet and say, “Look, I can bring this to an end and accept that amendment. It makes such consummate sense that we need to underpin with data all the ambitious goals we have for the well-being of children”.
What can we do without data? Introducing policies that we do not know are effective or ineffective costs too much; we need data. Nobody is arguing today that this data should be compulsory among all schools. This is voluntary, but I expect virtually every school I have ever visited in the state sector to want to do this, to be party to this, because there can be opportunities to benefit from this as well.
Some of us had the opportunity the other day to listen to the CEO of Lego, Niels Christiansen, who was giving a presentation here in Parliament. He was talking about the work he and his company were doing with young kids—five year-olds in Slough—to get fantastic benefits at an early stage in life by playing with Lego rather than playing online. If you had the data and the evidence that companies such as Lego were doing such good work, more schools would want to do that. Having that information available would be second to none.
I am confident that this evening the Minister is going to be wholly supportive of this amendment. I am not going to dwell on the points that have been made so far, but on the reasons why. How would the measurement we are talking about benefit the well-being of young people? It would promote children’s mental health, enhance learning outcomes, promote fairness, strengthen accountability and build a healthier and fitter society. It would have long-term social benefits. Schools play an absolutely central role in shaping future citizens, and this information would help us foster well-being, which improves social cohesion, productivity and public health. It would help us create a national policy to support the UK’s wider commitments to tackling not just mental health problems but physical health problems and challenges, and it would reduce pressure on the NHS.
This data would support teachers and staff. Well-being measurement data can highlight systemic issues such as high-stress levels and workload concerns that also affect staff and allow us to address them. It can lead to healthier, happier school communities, benefiting both students and educators. Staff can use insights from well-being data to tailor pastoral care and teaching more appropriately and more effectively to the problem.
We can have a cultural shift in education. The more we know what is going on in schools on this front, the more we can do to have a cultural shift. Embedding well-being measurement reinforces the message that mental health and physical health is an important issue and, in many ways for many children, just as important as academic achievement. It normalises conversations about well-being and reduces stigma around mental health issues. This shift helps prepare young people for life beyond school, fostering resilience and emotional literacy.
I can see that the Minister is just about to get to her feet to accept this amendment. But if, in the event, she is just going to pause to reflect because she wants to hear a little more about how this amendment is going to benefit her Bill, her reputation and her legacy in education, I will say this: regular well-being measurement can help schools identify mental and physical health and well-being challenges before they escalate into serious issues. Earlier detection enables timely support, reduces long-term risks such as school dropout, self-harm and disengagement, and preventive intervention is more cost-effective than crisis management in the health and social care systems.
Children’s Wellbeing and Schools Bill
Lord Watson of Invergowrie Excerpts(1 month ago)
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Lord Lucas (Con)
Yes, but we still want responsive, interested and active people there—and that is not what you get in my experience.
Secondly, I hope that inspection will look at the connection with parents, which can be hugely different across MATs. Some parents have a real connection with the school, and the school does that interface very well. With other, more distant MATs, anything that a parent is worried about just disappears into the fog and they never really know how to work with them. A good MAT will work well with parents, and Ofsted ought to look at that.
Lord Watson of Invergowrie (Lab)
My Lords, I will speak in favour of Amendment 435, to which I have added my name. I am also happy to signify support for Amendment 436ZZB. I am less enthusiastic about Amendment 436ZZA, because it is prolix and bureaucratic —but, if the opportunity came, I would not vote against it.
What is noticeable and very welcome is the unanimity of view across the Committee on this issue, which is one of accountability. As my noble friend Lady Morris said, academies are a very important part of the school system. I have no connection with academies, unlike other noble Members who have spoken, other than as the parent of a child currently in year 10 of a school in a multi-academy trust in London. However, it is important that we have insight into what is happening within trusts to a much greater extent than we have at the moment, because there is a fundamental gap in the accountability system for school education. If schools and children’s services are inspected, why not multi-academy trusts? For that reason, we need transparency, consistency and fairness.
Ofsted needs to have the power to inspect trusts’ governance, financial stewardship, curriculum content and teacher development, and how the trust-level ethos affects children across their academies. Some tales of the way in which certain trusts operate do not look good, given some of the pressures under which children are placed. I believe that good MATs should and will welcome this.
I do not need to add further to what other noble Lords have said. This was a Labour manifesto commitment, as my noble friend Lord Knight said, so all I ask my noble friend the Minister is: if not now, when? I hope that the answer will be, “On Report”.
Lord Baker of Dorking (Con)
My Lords, I very strongly support the amendment from my noble friend Lord Blunkett. I call him a friend because we have both borne the same responsibilities in the past and it looks as if his proposal has all-party support in the Committee. I assure your Lordships that that is very rare in education—very rare indeed.
Multi-academy trusts were created some years ago because of the success of academisation. So many private schools had hitherto been controlled by local authorities, which understood money, but many independent schools did not have much understanding of money until they got their budgets. There was a need for an institution to sit between the Department for Education and the educational world of schools, particularly as—as anyone who has ever served in the Department for Education as a Minister or Secretary of State knows—not many people in the department have actually run a school. It is not their particular skill; they have other skills in other matters.
I have had some experience of it because of the schools for which I am responsible—university technical colleges —of which there are now 44 with over 21,000 students. Many of these are now members of multi-academy trusts —in fact, two-thirds of them. This is quite challenging for the trusts because we are not ordinary secondary schools like the other ones that they control. We go from 14 to 18 only and tend to have a longer working day and shorter holidays, but the 14 year-olds spend two days a week—that is 40% of the time—in workshops, visiting companies or learning how to use machinery. UTCs are very different from the other secondary schools in the multi-academy trust.
Initially, I was quite concerned that multi-academy trusts would not recognise the differences, but in my experience they have. I think we had difficulty with only one of them, where all the other schools in the trust were primary schools, so there was not a great deal of experience of running a secondary school. I also discovered that the chairmen of multi-academy trusts are sometimes very able people—not quite as able or experienced as the noble Lord, Lord Knight—who have a need and an important responsibility for handling money. I strongly remember my noble friend Lord Agnew spending very long days trying to teach financial control directly to schools to ensure that they understood how to control their budgets and to get the best out of them. The best academy trusts do this, so I think they have now become part of the institution and I can see no reason why they should not be inspected.
They are not really directly responsible to anybody. I expect that the Secretary of State, but not many Secretaries of State, will spend time worrying about how MATs are run. It would be a very good idea to have a system of education for them and therefore I support that amendment.
International Women’s Day
Lord Watson of Invergowrie Excerpts(12 years, 7 months ago)
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Lord Watson of Invergowrie
My Lords, your Lordships’ House stages an International Women’s Day debate each year but it is not normally opened by a Minister. The noble Baroness deserves much credit for doing so on this occasion.
Tomorrow marks the 105th International Women’s Day. Over the period since 1977, when the United Nations adopted the day, the rights of women have certainly progressed. Of course, much more is required and, as the UN says, International Women’s Day celebrates,
“the achievements of women while remaining vigilant and tenacious for further sustainable change”.
At least there is now global momentum for championing and extending women’s equality.
Emphasis needs to be placed on the importance of employing women to participate in the growth of economies around the globe, especially in under-developed nations, because although many women worldwide contribute to their own country’s productivity, they continue to face many barriers that prevent them realising their full economic potential. This is not something that only holds back women, it holds back general economic performance and growth. According to a recent International Labour Organisation report, the percentage of women in employment globally was roughly 50%. In north Africa, women accounted for 24% of employment, and in the Middle East generally, it was just 15%. That represents vast untapped potential for economic growth.
Each year around the world, International Women’s Day is celebrated through thousands of events, not only on 8 March but throughout this month, to mark the economic, political and social achievements of women. Organisations, governments, charities, educational institutions, women’s groups, corporations and the media celebrate the day. Tomorrow, the UN will itself mark International Women’s Day with an event at its headquarters in New York opened by the Secretary-General Ban Ki-moon. The UN women’s executive director, Michelle Bachelet, will deliver the message that discrimination and violence against women and girls have no place in the 21st century. “Enough is enough”, she will say, in a message of both outrage and hope that discrimination and violence must end.
Such is the extent to which International Women’s Day is marked in the UK that a total of 387 events in all parts of the country are listed on the UN’s website. That is more than 25% of all events worldwide scheduled for tomorrow. I glanced at the list, and it really is an imaginative mix of events of all types, many involving children. An event that particularly caught my eye was called, Suffragettes—A Liverpool Story, highlighting the struggle of women for the right to vote as it evolved within that city. Of course that is particularly apposite as we are now just three months away from the centenary of the death of Emily Wilding Davison, the incredibly brave woman who took the suffragette movement’s slogan “deeds not words” to its ultimate and tragic conclusion. She, of course, lost her life stepping onto the course at the Epsom Derby to protest for votes for women in a heroic but fatal action that helped electrify the movement and the cause.
Further afield, I noticed earlier this week, an all-female climbing team supported by the United Nations reached the summit of Africa’s tallest mountain, Mount Kilimanjaro, in celebration of International Women's Day. The team, made up of women from Nepal and three African countries, participated in the expedition as a way of raising awareness of the importance of women's rights, in particular the need for education for all girls.
However, it has not all been good news, and contrasting with the many positive stories of this week there was one that represented a set back. Two days ago it was announced that the annual United Nations-organised marathon in Gaza will not take place this year due to disagreements with Hamas government officials who have insisted that no women should participate, in a sign of how some men still believe that it is appropriate to try and control women's lives and reminding us how necessary is the focus provided by International Women’s Day.
A further, sinister, example of some men's prejudices against women emerged as recently as last week. The internet sales company Amazon was advertising T-shirts for sale which encouraged violence against women, using slogans that I will certainly not repeat, although one went so far as to encourage rape. The garments were removed as soon as both Amazon and the company selling the T-shirts began to be bombarded with texts, tweets and emails expressing outrage. However, it is instructive that someone, somewhere, must have sat down and drafted these slogans, clearly from the viewpoint that they were not only acceptable but that people—men of course—would be willing to buy them and then wear them, publicly stating that they regarded women as suitable objects for serious violence in various forms. It is telling that the company that produced the T-shirts was initially surprised at the reaction. I am pleased to say it soon got the message, which was rammed home in no uncertain terms as widespread anger inundated its social media sites, all of which had to be closed down as a result. The company said that it had received death threats and that its Twitter account was bombarded with scores of angry messages, many of which said, “Rape is not a joke”. It is appalling that in 2013 people still need to be reminded of that self-evident truth.
I want to highlight today one of the enduring issues surrounding the campaign for women’s equality. That concerns the pay gap between men and women. I have had an interest in that issue for a considerable time. Indeed, my university thesis in 1974 was on the implementation of the Equal Pay Act. It may be recalled that, although that Act got onto the statute book in 1970, there was a five-year lead-in period for employers to make the changes necessary to accommodate the legislation. That was always an optimistic aim, but I doubt that anybody then would have thought that, 40 years later, more than a quarter of the gender pay gap would remain to be filled. In 1975, women earned 36% less than median male hourly earnings; the latest available figure, which was issued in April last year in the Annual Survey of Hours and Earnings, is 9.6%. That represents the comparison between full-time workers, and excludes overtime earnings. But, of course, more men than women work overtime, and more women than men work part time, so the 9.6% figure gives a distorted view of the gap in actual take-home pay between men and women. Taking all employees into account, the gender pay gap in 2012 was 19.7%.
So only three-quarters of the journey that began four decades ago has been completed and much remains to be done before the destination is reached. Some years ago—2006 to the best of my knowledge—the report of the Women and Work Commission was published. The commission was ably led by my noble friend Lady Prosser, from whom we heard earlier in this debate. That report demonstrated that the gender pay gap in Britain was then one of the worst in Europe. Six years on, progress has certainly been made, but many of the underlying issues that underpin and perpetuate the gap remain.
I cite one example. There has been much publicity in recent years over certain public sector jobs where pay discrimination has been tolerated for years; too often, it should be said, with the connivance of the trade unions of which those women were members. Now, following industrial tribunal decisions and in some cases courts at the highest level, local authorities and some health authorities are faced with massive bills to give women the back pay that is due to them. That is a difficult situation for them as employers, but it is not the women's fault that the discrimination was allowed to persist for so long. It is totally unfair that some should attempt to make them feel guilty for seeking what is rightfully theirs. Public sector bodies ought to have seen this coming and acted accordingly. Some of them have claimed that they now face a choice between their legal commitments and maintaining services. They should face up to their responsibilities and ensure that women do not need to return to court to receive the fair settlement due to them. One means of dealing with this may be to offer an immediate lump sum, with staged future payments which would have the effect of enhancing women’s pensions over the years.
There are different issues in the private sector, where there is often much less transparency. I have spoken to people who say that they have been told by employers that disclosing their pay to work colleagues constitutes a disciplinary offence. That is surely unacceptable because it is no more and no less than a device to enable employers to pay less, certainly not more, than a fair rate, and it hurts female workers disproportionately. It also highlights the need not just for collective bargaining, but for trade unions to enforce it and to continue campaigning for equality of treatment for all in the workplace.
In conclusion, in almost all countries, women continue to be under-represented in decision-making positions. Women's work continues to be undervalued, underpaid, or not paid at all. That is why International Women’s Day is so important. It spells out our responsibility to work for enduring change in values and attitudes, a message clearly enunciated by noble Lords participating in this debate today.
Poverty
Lord Watson of Invergowrie Excerpts(15 years, 2 months ago)
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Lord Watson of Invergowrie
I congratulate my noble friends Lord Boateng and Lady Donaghy as well as the noble Lord, Lord Shipley, on excellent maiden speeches, and I look forward with eager anticipation to the speech by my noble friend Lord McFall of Alcluith—not least to find out where Alcluith is, which as a Scot I fear I should already know. The noble Lord, Lord McKenzie of Luton, has done the House a service in securing this debate because I firmly believe that the poorest in society should not bear the burden of rebalancing the current fiscal deficit. As a result of the Budget announced last month, that is precisely what will happen.
Today, 3.9 million children are living in poverty in the UK—that is, in a household with an income of less than 60 per cent of the median household income, which in 2008 was £404 a week. Households in poverty therefore have a net income equal to or below 60 per cent of that, which amounts to a weekly income of £244 or less. After housing costs, that figure falls to just £206 a week for a family. It should be stressed that more than half the children whose family income is less than £206 a week after housing costs live in households where at least one of the adults is in paid work, so this is not just a question of worklessness. In this context, the changes to tax credits and other in-work benefits for the low paid are particularly important.
A number of changes in the Budget will result in a reduction in the income of the poorest—for instance, changing the basis for calculating the uprating of benefits from the retail prices index to the consumer prices index. The main difference between them is that the CPI does not include housing costs. The effect of the change will be a 1 to 2 per cent reduction in the benefits paid to families. Housing benefit—a subject to which I shall return—will also be affected by the change in the basis for uprating. The increase in the rate of VAT to 20 per cent will have a disproportionately large impact on the poorest families, because the poorest 10 per cent spend 14 per cent of their disposable income on VAT compared to the most affluent 10 per cent, who spend just 5 per cent of their income on VAT.
The Budget did include measures aimed at helping low-income families. The increase in child tax credit is welcome, although if a family also receives housing benefit, that allocation will be cut in recognition of the increased family income from the child tax credit. This occurs because the child tax credit is taken into account when the household income is calculated. For the housing benefit to remain unchanged by the increase in child tax credit, the regulations would need to change so there was a disregard for child tax credit, and I will be interested if the Minister will give the House the benefit of his views on this point.
This Budget is deeply regressive. People in the bottom half of the population are heavy users of services and benefits and there are more children and elderly people in the bottom half of the population than the top half. Public service cuts therefore fall disproportionately on the bottom half. The problem is not just that cuts risk tipping us back into recession and will hit the worst-off hardest. It is that by taking demand out of the economy and undermining a fragile recovery in the process, the coalition could actually increase the size of the deficit as has happened in Greece and Ireland, as we know all too well. The extent of these measures amounts to a Budget of ideological choice, not of necessity. There was nothing unavoidable about adding £40 billion to the previous Government's already swingeing plans to halve the deficit in four years. The effect of this Budget will be to shrink the state below 40 per cent, which even the noble Baroness, Lady Thatcher, never attempted during her time as Prime Minister.
I say to those on the Liberal Democrat Benches that I wonder what those old Liberal heroes Beveridge and Keynes would make of such draconian deficit cutting or of £11 billion of welfare cuts. Most of that comes from slicing 2 per cent off every benefit by cutting inflation indexing. You simply cannot cut a quarter of social care for the old, children's services or child protection without doing dangerous harm to millions of vulnerable people. To take only 23 per cent from taxes with 77 per cent in cuts means that the pain will fall on the poorest people in the poorest regions most dependent on public spending.
The coalition has opted for cuts far beyond anything the markets expected or demanded and the reasoning can only be ideological. The Budget's key objective—reducing the deficit—is not premised on economic logic. You do not require a degree in economics to understand that cutting spending and raising taxes reduces demand—someone who has just been made redundant will not be spending much—and could choke off recovery before it has begun. Indeed, the Chancellor is ignoring the cautionary voice from his own recent creation, the Office for Budget Responsibility, which has revised down its growth forecast for the next year by 0.3 per cent—£5 billion—as a direct result of the Budget, so even his own experts believe that the Budget will have an immediate, negative effect on growth. Both Barclays Wealth and Ernst & Young—not organisations that I am normally given to quoting—have produced analyses suggesting that the Government are, in the latter's words,
“underestimating the impact of this significant fiscal tightening".
The International Monetary Fund is equally unimpressed, because it has cut its growth forecast for the UK both this year and next in the light of this austerity Budget. For all Mr Osborne's protestations that the measures in his Budget were “unavoidable”, there is every reason to believe that cutting fast and deep could, and indeed should, have been avoided.
Many charities have warned that drastic changes to the housing benefit system outlined in the Budget will lead to overcrowded homes and a surge in evictions. They fear the changes will make central London unaffordable to anyone on a low income, ghettoising the city by pushing the poor to the outer boroughs. I welcomed the contribution by the noble Lord, Lord Best, who spoke very knowledgably on this subject and in greater depth than I can. As he said, the changes will see housing benefit capped at £400 from next April. Thousands of people renting from private landlords in London and other high-rent cities will find that that will no longer cover their weekly rent, forcing them to move to a cheaper area. From April 2013, people who have been on jobseeker’s allowance for 12 months or more will also see a 10 per cent reduction in their housing benefit. The coalition has said that it wants to make sure that when you work you are better off. That is not unreasonable, but the suggestion that the system is being changed to encourage people to go into work is based on a popular misconception about those who claim housing benefit: only one in eight people receiving that benefit is unemployed. The changes will be very serious for London and other inner-city areas and could result in thousands of people becoming homeless. The policy would force people on low incomes out of central London. In fact, it could replicate what has become of Paris, where the well-off have annexed the city centre, while the poor form a ring around the outskirts.
As the noble Earl, Lord Clancarty, said, the situation in London is currently so grave that the Evening Standard has begun an appeal, which it has named the Dispossessed Fund, to help those who it has identified as being in distress. Yesterday's edition highlighted a cleaner working at the Treasury, who the newspaper claimed was paid so little that her children have to live on soup. The homelessness charity Shelter estimates that some people currently claiming housing benefit could lose up to 40 per cent of their total rent, which will force people out of their accommodation with nowhere for them to go. Shelter expects to see debt and evictions rise as a result of this change. Any savings to the Government would be more than offset by the cost of rehousing families unable to afford their rent. The coalition needs to answer the question: where are people on low incomes meant to live? Even the Mayor of London has forsaken party loyalty to condemn the proposed changes to housing benefit as draconian, and not all Lib Dem MPs are prepared to forsake their principles. Simon Hughes has urged the coalition to slow down changes to housing benefit, saying:
“We need a system that is flexible and ties in to areas of different need”.
Indeed we do, and that begs the question as to how long Liberal Democrats will adhere to the Tory agenda when the Budget has shown that it is the poor who will be hit hardest. During the general election, the Liberal Democrats actively campaigned against much of what is now being implemented. Even excluding the effect of wider spending and benefit cuts, the squeeze on the worst-off 10th of the population will, according to the Institute for Fiscal Studies, be five times the impact on the richest 10 per cent by 2015.
The Chancellor insisted that his Budget was progressive, fair and unavoidable. In fact, it was the precise opposite on all counts. Raising the regressive value added tax while cutting housing, disability and child benefits contrasts starkly with plans to cut corporation tax year after year and let banks off with a levy that is inconsequential when compared to the huge amounts they pay out in bonuses. Even the boost to child tax credit will be more than offset by the housing benefit squeeze and the ending of maternity and pregnancy grants, along with other benefits targeted at women and children.
Lib Dem voters backed a party which stood against early cutbacks, in support of a ratio of cuts to tax increases of 2.5:1 and fiercely opposed the threat of what it called a “Tory tax bombshell” of increased VAT. Now, sadly, I have to say that it has binned all three commitments in the name of coalition compromise and signed up to a Budget which must be alien to much of what it has hitherto stood for.
This unnecessary and dangerous Budget is very likely to push the economy back into recession, and the big worry is that it will lead to what the Nobel economist Paul Krugman has called the long depression: zero growth and high unemployment for years. There are no prizes for guessing who that will hit the hardest.