Children’s Homes etc. Inspection Fees, Childcare Fees, Adoption and Children Act Register (Amendment) Regulations 2019

Debate between Lord Watson of Invergowrie and Lord Storey

Tuesday 18th June 2019 Lords Chamber

[Lord Storey (LD)]

My Lords, my father and his brother were adopted into a loving family, and it changed his and his brother’s lives for good, so in a sense I have a vested interest in this important debate. I welcome the opportunity to speak in support of the Motion to Regret and thank the noble Lord, Lord Russell, for moving it.

I am deeply troubled that the Government’s behaviour has made such a debate necessary. I remember that, during the coalition Government, the then Prime Minister David Cameron rightly spoke of the importance of adoption and the need to ensure that children are matched with the right family and that the process is not dragged into bureaucracy of our making.

I paid careful attention to what the Government said in the Explanatory Memorandum about the revocation of the regulations referring to the adoption register, but there is no explanation, merely a statement of what the regulations state, ending with the following sentence:

“These revocations are necessary as the Secretary of State will not be operating or maintaining an Adoption Register from 1 April 2019”.


That is the sum total of the Government’s justification for simply allowing the adoption register to lapse. They have abandoned—or let lapse—plan A without any plan B.

In the letter to the scrutiny committee, the Children’s Minister says:

“I would like to reassure the Committee that this decision was made following careful scrutiny of all the evidence and I am confident that it will not have a negative impact on children and adopters”.


However, there is no information about what “all the evidence” comprised, nor details of the “careful scrutiny” that the Government claim to have undertaken. It is difficult to challenge the Government’s decision, as the Explanatory Memorandum offers no explanation. The Government cannot claim that there will be no “negative impact”—nor, indeed, any other impact—as they have not undertaken an impact assessment of any sort. The adoption register has disappeared without trace and without any transition arrangements being put in place. Worse than that, there is no suggestion as to what the Government intend to do to replace the register.

Later in his letter, the Minister admits:

“It is my understanding that the charity Coram, the former contractor for the Adoption Register, also intends to set up a matching service. They have communicated that to all local authorities, but I do not know when this service is expected to launch … I do not know how many local authorities choose to subscribe to additional services … I am unable to say what the distribution of local authorities across that range is, except to say that around £5,000 is the average. The amount paid is a matter between individual local authorities and Link Maker”.


The Minister goes on to justify the decision by saying:

“The Adoption Register ceased operating on 31 March 2019, and, since then, I have not received feedback from any adoption agency to suggest they are struggling without it”.


I hope that the Government do not think that the lack of feedback within just seven weeks is evidence that there is no problem.

Some people may think that the regulations are just tidying up some unnecessary bureaucracy or getting rid of another length of red tape, but they would be wrong. It is always easier to talk in the abstract, but this is a shameful—perhaps dreadful—example of the Government pulling out of or back from doing something positive. The Government are washing their hands of hundreds of the most vulnerable children.

According to Coram—it ran the adoption register, as we heard—the hard evidence is that 277 of the most difficult-to-place children were found families in the single year up to 31 March 2019. Although I say “most difficult”, the difficulties are not of the children’s own making but their often complex needs mean that they need adoptive parents with the skill, determination and commitment to provide them with a proper home.

The alternative for many of these children is life in an institution of one sort or another—a life that could be transformed by finding the one set of parents in England that could meet their need for a family life, as happened for my father. In her letter to the scrutiny committee, the chief executive of Coram stated:

“The Adoption Register was the only registered, child-focussed pro-active independent service helping agencies to find adoptive homes for children when all other approaches have been tried. It was a vital extra chance for those who wait the longest - those with additional needs, developmental uncertainty, BAME or in sibling groups”.


In its excellent briefing, Coram said:

“Without the Register, agencies may pay to use an alternative product, with the total cost to the sector likely to exceed the value of the Register contract”.


The commercial alternative, depending on the size of the local authorities and the looked-after children population, is typically between £5,000 and £10,000 per local authority. We are all well aware of the dire situation of children’s services and the difficulty in them finding even this relatively small sum. To cover its annual costs, the register needed to help to find adoptive families for just two children who would otherwise have remained in care for the rest of their childhood—a target that has been achieved every year since it was created.

For some children, the adoption register was their last chance. For every child not adopted because the Government have abandoned the register, and for every adoptive parent not matched with an adopted son or daughter, the impact is incalculable. This Government should be ashamed of allowing the register just to disappear.

[Lord Watson of Invergowrie (Lab)]

My Lords, due to the announcement in Part 4 to close the national adoption register for England, these regulations are subject to a regret Motion in the name of the noble Lord, Lord Russell of Liverpool, on which I congratulate him. I should also say that we do not believe that the negative procedure is appropriate in this case. It should be used for routine matters; by no stretch of the imagination is the sudden closure of the national adoption register—with no proper replacement identified, far less in place—a routine matter. As the noble Lord, Lord Storey, said, the Explanatory Memorandum provides no rationale for it.

When a local authority considers placing a child for adoption, it looks for a match with a suitable family, which is often found locally. For some children, it needs to look further afield to families “recruited” by another adoption agency. To facilitate this process, the national adoption register was introduced in 2002. The database included details of children who had been approved for adoption but were waiting to be matched, approved prospective adopters and prescribed information about children for whom the adoption agency was considering adoption. It was used by social workers and approved prospective adopters to seek matches until it was closed down in March this year under these regulations.

Like the Secondary Legislation Scrutiny Committee, we find too many unanswered questions associated with the closure of the register. The committee drew the regulations to the special attention of the House on the grounds that the explanatory material laid in support provides insufficient information to gain a clear understanding about the instrument’s policy objective and intended implementation. It also expressed concern that there was no public consultation on the closure.

Such was its concern that it held an oral evidence session with the Parliamentary Under-Secretary of State for Children and Families. The committee remain dissatisfied with Mr Zahawi’s responses to its probing about the potential implications of the Department for Education ceasing provision of the register before a replacement system is ready, particularly regarding the impact on hard-to-place children. At that session, the Minister stated repeatedly that his aim was to end what he called the “silo mentality”, saying that he wanted to bring fostering and adoption into one place. That is a worthy aim, but, unfortunately, he offered no suggestion as to how that might be achieved and said nothing at all about when or even if a new type of national register would be established involving children available either for adoption or fostering or both. How the needs of children would be separated if such a register were ever to be established was not left hanging because it was not even mentioned.

Relationships and Sex Education

Debate between Lord Watson of Invergowrie and Lord Storey

Thursday 19th July 2018 Lords Chamber

[Lord Watson of Invergowrie (Lab)]

My Lords, I thank the Minister for repeating the Statement and for arranging a briefing with his colleague the Schools Minister, Mr Gibb, yesterday for myself and other noble Lords.

The guidance has a 15-week consultation period, which I presume starts today. Six of those 15 weeks will be taken up by the school holidays, when parents, children and teachers tend be doing other things, so it is not really much more than a nine-week consultation period, which is pretty short. Will the Minister consider starting the 15-week consultation when schools return in the first week of September?

That said, we welcome the guidance and the fact that the Government listened to, and have acted on, the amendments tabled by noble Lords and MPs during the passage of what became the Children and Social Work Act. The guidance required for young people going through school today is quite different from what was required even 10 years ago. As the parent of a seven year-old, I am pleased that some of these issues are to be addressed at both primary and secondary school level.

It is vital that young people understand that certain what might be termed “difficult” subjects can be discussed openly, from grooming and the use of the internet to the meaning of relationships and what is appropriate or inappropriate sexual activity, to sexual orientation, bigotry—and perhaps the bullying that emanates from that—and transphobia. It is vital also that mental health, healthy eating, the need for exercise and issues involving alcohol and drugs will all be covered in schools via this guidance—again, that is a most positive development.

I have some questions for the Minister, most associated with the mandatory nature of the guidance. The right for parents to withdraw will surely become an issue and will, I imagine, be exercised by a significant number of parents, although I hope not too many. Can the Minister clarify how the issue will be dealt with after the “three terms before the pupil turns 16” cut-off? That is not clear in the Statement, which says:

“The draft guidance sets out that, unless there are exceptional circumstances, the parents’ request should be granted until three terms before the pupil reaches 16”.


Just before that, the Secretary of State says:

“I therefore propose to give parents the right to request their child be withdrawn from sex education delivered as part of RSE”.


So my question is: after the three terms before the child turns 16, will parents have no right to withdraw their child from sex education? What if the school is a faith school that does not recognise 16 as the age of consent for sexual activity? What will happen if a child of 16 opts to ask for information on sex education, which the guidance says all of them can do? Will the faith school then be legally obliged to provide that sex education even if it does not wish to do so? In that situation, how will a child seeking sex education be expected to proceed? Also, will schools be required to inform all children and parents as to what information they are entitled to? Clearly, nobody can access their rights if they are unaware of what they are.

Further, can the Minister confirm that the guidance will apply to all schools—maintained schools, grammar schools, academies, free schools, faith schools and independent schools? It is my understanding that it will, but only the first two of these types of school follow the national curriculum. How will the Department for Education know that children are receiving relationships and sex education in line with the guidance? Ofsted does not check independent schools, so who will, and how does the DfE intend to monitor all schools and ensure that the guidance is being complied with?

Finally, what resources will be made available to schools in addition to those that they already have? Many schools are facing huge budget pressures and cannot be expected simply to assume other responsibilities and the costs of training or teaching materials simply on the basis of what they have at the moment. Clarification on that point would be most welcome.

Parents want their children to be fully educated with the facts about all aspects of their own safety. What plans does the DfE have to ensure that teachers receive the necessary training to enable them to deliver guidance effectively? Already, teachers have heavy workloads. It is important that they are resourced to do this job properly, so what do the Minister and his department envisage as necessary by way of additional resources for teachers?

I hope that the Minister can answer those questions, but I should be clear that we offer our support for this guidance and its important aim of ensuring that young people are properly equipped for the challenges that they will face in keeping safe and healthy as they grow up.

[Lord Storey (LD)]

My Lords, we on these Benches very much welcome this Statement and congratulate the Government on bringing it forward. It is a very welcome first—perhaps not historic—positive step forward in equipping our children and young people to cope with life in a modern society.

I think it was David Cameron who, referring to Europe, said that we should “stop banging on” about it. I am, however, glad that on this issue so many Peers, MPs and organisations outside Parliament did bang on for some considerable time. That banging on has meant, in the end, that the Government have taken note. It is right to congratulate not just the present Government but the former Secretary of State, Justine Greening, who did a lot of work to get to this stage. I particularly remember meeting Edward Timpson, the then Children’s Minister, who was very clear in his view about this topic.

The importance that not only our party but young people, parents and teachers attach to this subject is clear from the 23,000 responses to the call for evidence. While there is no definitive tally of similar calls for evidence, I am confident that this number would be near the top of that particular league table. I have looked through the consultation, and I am glad that, as most school terms finish tomorrow, sufficient time has been allowed for schools to respond in the autumn.

It is quite interesting how the world, and government policy, have moved on in the last five years, but it is disappointing that what the noble Lord, Lord Nash, the Minister’s predecessor, said in this House five years ago—

“The Government believe that PSHE is a vital part of a broad and balanced curriculum and that excellent PSHE provision is part of the life-blood of all good schools”—[Official Report, 24/4/13; col. GC 426.]


—has not led to a commitment to go one step further and make PSHE a statutory part of the curriculum. I certainly do not accept that economic education is covered by the current provision in careers, maths and citizenship, as the Statement claims. It is welcome that students can decide, from the age of 15, to opt in to sex education even if their parents do not want them to. However, there is still a discussion to be had about whether one term of sex education in the year before the age of consent is sufficient.

Liberal Democrats believe there should be an independent standards authority to pilot, phase in and resource policy changes. Such an authority would be better able to monitor the introduction of RSE than either civil servants or Ofsted. A broad and balanced curriculum for life, as the Liberal Democrats would like to see, would also include mental health education, first aid and emergency life-saving skills and financial literacy, in addition to relationships and sex education. The Welsh Assembly has already introduced a new RSE curriculum on the basis of extensive research and consultation. What discussions have the Government had with the Welsh Minister?

In 2013, the noble Lord, Lord Nash, informed us:

“I agree that we need to improve the focus on this area through teaching, schools and ITT providers”.—[Official Report, 18/6/13; col. 136.]


I cannot, however, find any mention in the Statement about who will provide the resources to train teachers. Initial teacher training had been totally fragmented, and I am sure that head teachers will be trying to work out how to provide the high-quality CPD to bring their staff up to speed with yet another new demand on finite and shrinking resources.

I have three questions that I hope the Minister will be able to clarify. First, the Statement says that RSE will be prescribed core content for all schools. The phrase that I am unsure of—perhaps the Minister will explain how it would work—is that it,

“leaves flexibility for schools … with a religious character to deliver and expand”,

on that content. I am not sure how that will work in practice and what it means.

My second question has, I think, been asked by the noble Lord, Lord Watson. It is important not just to introduce this measure in 2019-20 but to make sure that it is of good quality, with qualified teachers and good resources. What funding has the Minister set aside to invest in high-quality training and continuous professional development?

Finally, the Minister says that financial education should not be made compulsory, as it is already covered in the national curriculum in maths and the careers strategy. The national curriculum, however, is not compulsory in academies and free schools. Are we planning to make it compulsory for those schools, so that this subject will be taught?

[Lord Agnew of Oulton]

My Lords, I thank the noble Lords for their questions on this subject and for their broad support. I thank the noble Lord, Lord Watson, for joining us yesterday and for the contributions that he made in that meeting. I hope that I will be able to answer most of their questions.

On the consultation period, the reason that we decided to issue the Statement today, ahead of the school holidays, is that most multi-academy trusts are open over these holidays. They cover half of secondary school pupils, so we felt that it was better to get the information out there sooner rather than later to enable them to get focused on the subject.

Child Safeguarding Practice Review and Relevant Agency (England) Regulations 2018

Debate between Lord Watson of Invergowrie and Lord Storey

Wednesday 9th May 2018 Grand Committee

[Lord Storey (LD)]

My Lords, the protection of children is perhaps one of the most important things that we should be doing. We welcome the safeguarding practice panel; if noble Lords do not mind me saying so, what an inspired choice Edward Timpson is as its chair. His work on the Children and Families Act was second to none.

I want to raise a particular issue that I hope the Minister will address: self-employed tutors. Unlike tutors employed by agencies, they are not legally obliged to apply for a Disclosure and Barring Service, or DBS, check. Accountants, vets, even traffic wardens are required to have such checks, despite the fact that their jobs do not involve regular access to children, yet private tutors who regularly work and are involved with children do not. In a Commons Oral Question, the Parliamentary Under-Secretary of State for Education said:

“It is ultimately the responsibility of parents to assure themselves about the suitability of any private tutor they might choose to employ before they engage them, for example by seeking and checking references, and asking to see a copy of any Disclosure and Barring Service certificate”.—[Official Report, Commons, 19/3/18; col. 12.]


As it stands, self-employed tutors cannot apply for a DBS check. Instead, they can apply for a subject access request, containing similar information, for a fee of £10, but they are not legally obliged to do so. I hope that the Minister will use this opportunity to deal with this rather strange anomaly. Either we insist that all tutors, whether self-employed or employed by an agency, have the correct requirements or, as a second-best option, they can apply for the certification, as suggested by the Parliamentary Under-Secretary.

[Lord Watson of Invergowrie (Lab)]

My Lords, I thank the Minister for introducing these important regulations. We recognise the paramount importance of child safeguarding, which should never be compromised, no matter the circumstances. We further recognise—in doing so, we are confident that we reflect public opinion—the need for a revamp of the system of serious case reviews following a number of deeply disturbing cases in recent years, compounded by the often inept handling of reviews into how such crimes were allowed to occur.

Many of those concerns were articulated during the passage through your Lordships’ House of the Children and Social Work Act and I do not intend to revisit them. Revised regulations and a new system of reviews was necessary and, in clearly outlining the requirements for such reviews at both local and national levels, these regulations perform an important function—no less so the requirements being placed on the relevant agencies to ensure the kind of joined-up action that was often absent in the past.

That said, it is difficult to avoid the conclusion that this is another incursion by central government into what is properly a local government responsibility, yet more resources are being found to establish yet another ministerial body—or are there? Just what resources, in the form of new money, will be made available is less than transparent. Yesterday, when these regulations were considered in another place, the Parliamentary Under-Secretary of State, Nadhim Zahawi MP, said:

“The funding should be sufficient to cover all elements of the arrangements. We do not expect the new arrangements to cost more than existing structures”.—[Official Report, Commons, First Delegated Legislation Committee, 8/5/18; col. 5.]


That suggests that the Government do not treat this serious matter seriously enough to commit to additional resources, should they be necessary. The existing system was not performing adequately, hence these regulations. To suggest that this revamp, and the appointment of a new body, will not add to costs is surely not realistic.

We know that the former Children’s Minister, Edward Timpson—he of the shoe shop family—will chair the new Child Safeguarding Review Practice Panel. I echo the words of the noble Lord, Lord Storey, that, with his record, he is a man in whom we have some confidence to carry out the task effectively. He will bring experience and authority to the post and we wish him well. However, he will be a busy man because he was also appointed last month as chair of the Children and Family Court Advisory and Support Service. He will receive £500 a day as chair of the panel, and his members, £400 plus expenses. Those rates do not sound unreasonable but if I have a concern, it is over the number of times that the panel will be required to meet and the number of panel members that it will require. I suggest that the cost remains an unknown, but perhaps the Minister can give us the Government’s thinking on this and how much, in rounded figures, it is expected to cost. As I said, it is not realistic to think that establishing a new body will not involve additional costs.