Children’s Wellbeing and Schools Bill

Lord Young of Cookham Excerpts

Thursday 12th June 2025 Lords Chamber

[Lord Jackson of Peterborough (Con)]

My Lords, I will speak briefly to the excellent and compelling amendments in this group. In particular, I support Amendments 96 and 107A, in the name of the noble Baroness, Lady Barran.

The noble Baroness, Lady Tyler, will remember that I spoke at Second Reading of her commendable Private Member’s Bill on mental health professionals, which I think was about 18 months ago. I raised the particular issue of children with complex needs—specifically children mainly in mainstream schooling who are diagnosed with Tourette’s syndrome. For a number of years in the other place, I supported Tourettes Action in its research, profile-raising and fundraising. For full transparency, my brother is a professor of cognitive neuropsychology, specialising in human movement studies, which includes Tourette’s.

I do not wish to detain your Lordships’ House in discussing Tourette’s, but I want to make the point that one of the key issues that affects children who have Tourette’s is a lack of collaboration and consistency across schooling, primary care and hospital settings. In other words, often children behave badly in school and are excluded because they are not diagnosed with Tourette’s and do not get the clinical care that they need. That work between the two parts of the state is not happening, and there is a similar issue for children with complex needs in the care system.

Again, all these amendments are excellent, but the specific advantage of my noble friend’s amendments is that they would impose an imperative on the education sector, and specifically the health sector—primary care, hospitals and other clinical settings—to focus on those children leaving care with specific and very important pressing needs.

There are a wide variety of issues that affect young people in that situation, including housing—the noble Lord, Lord Bird, and my noble friend Lord Young of Cookham have focused on those issues—but the advantage of these two amendments is that they would put a focus on primary care in the Bill. Yes, young people are worried about education, skills, training and housing, but probably the most important thing is their health.

On that basis, putting this in the Bill would be a positive move that would encourage different social care agencies and the people who write the statements for those children and young people, such as teachers and so on, to start thinking about what their healthcare pathway will be in addition to other pathways, such as housing, education and skills. For that reason, I support these amendments. I hope that the Minister will look kindly upon all the amendments, but those two in particular.

[Lord Young of Cookham (Con)]

My Lords, I will speak briefly to Amendment 100 in my name and that of the noble Baroness, Lady Benjamin, which would insert a new clause aimed at giving all care leavers up to the age of 25 priority status in homelessness legislation. To that extent, it is a subsection of the much broader debate about how we look after care leavers.

The amendment would end a current anomaly in the law, whereby care leavers up to the age of 21 are entitled to priority under the homelessness legislation, if they present as homeless to their local authority, but not those between the age of 21 and 25. It is supported by a range of charities, not least Barnardo’s.

All young people need a safe and stable home in which to start their adult life—and, if you do not have that, it is difficult to access education, employment and health services. As we heard from the noble Baroness, Lady Tyler, care leavers are more likely to be homeless than non-care leavers. Research by the charity Become shows that they are nine times more likely to become homeless, and that threat does not stop at the age of 21. Again as we heard from the noble Baroness, the numbers of young care leavers presenting as homeless has gone up by 50%.

We heard from the noble Lord, Lord Watson, earlier that non-care leavers are staying at home much longer; the average age at which they leave is now 24, up from 21 a decade ago. Over the years, the legislation has been gradually catching up with that trend, beginning I think with the Children (Leaving Care) Act 2000, which recognised that the state or local authorities need to support children beyond the age of 18. Again as we heard earlier, care leavers do not have the same safety net of family to fall back on.

There is a lot in the Bill which I welcome to support care leavers, in particular a recent amendment disapplying intentionality for care leavers, meaning that local authorities, when they have a corporate parenting duty, no longer view care-experienced people under 25 as being intentionally homeless. But the Bill needs to go a little bit further. Under the current legislation, all young care leavers under the age of 21 who present as homeless are deemed to be in priority need, which means that local authorities have an obligation to accommodate them. However, there is no such automatic protection for care leavers between the ages of 21 and 25. Under the current homelessness legislation, they are required to prove that they are vulnerable—something that is not defined in legislation. This means that they have go around getting letters from their GP, for which they may have to pay, and getting other letters from psychiatric services, to prove that they are vulnerable and their corporate parent is under an obligation to support them.

There is also a problem with children who are placed out of area. They are not apparently automatically eligible for the usual care support in the local authority in which they are now living, even if they have been living there for many years, whereas local care leavers have that entitlement. That seems to be an anomaly that the Minister might like to comment on.

Finally, the amendment would bring the homelessness legislation into line with the Children and Social Work Act 2017, which obliges local authorities to continue to provide support up to the age of 25. It will not be a panacea for all the problems facing care leavers, but it will be an important step towards ensuring that, when the worst happens, help is available for a young person who may have few other places they can turn to for help. So I encourage the Government to accept the amendment.

[Baroness Benjamin (LD)]

My Lords, I support two amendments in this group, in the names of the noble Baroness, Lady Bennett, Amendment 99, and the noble Lord, Lord Young of Cookham, Amendment 100, both of which I have put my name to.

With more than 80,000 children in care, the highest figure on record, this Bill represents an opportunity to strengthen support for all care leavers. One in three care leavers becomes homeless in the first two years after leaving care. Many become drug users and end up with a criminal record.

Some of the most affected care-experienced children are those from diverse backgrounds, who suffer double discrimination. Research by Barnardo’s found that nearly one in 10 black children in care has received a custodial sentence by the time they turn 18. When many finally leave care, they find themselves in prison or with a criminal record, which makes it difficult to find a home or employment, or develop a secure, happy life and any hope of a prosperous existence. They find themselves being part of a gang, which becomes a family substitute but leads to even more disaster.

As the Minister said in reference to the earlier group of amendments, there is an urgent need to improve understanding across agencies and departments of the needs of children in care and care-experienced young people, as well as providing training on how to better address these needs. For example, the Department for Education could extend corporate parenting principles to all bodies involved with care-experienced young people.

As we have heard, many young people can depend on their parents to support them long after they leave school or university, both financially and with a roof over their head. But support for care leavers across the country is piecemeal—a postcode lottery. Ashley John-Baptiste’s book, Looked After: A Childhood in Care, which I highly recommend, illustrates graphically just how difficult it is for young people to navigate their life after leaving care without support, especially if they want to go to university. It is potluck and almost an impossible task. Therefore, we should be doing more to ensure that care leavers are supported into adulthood, which I why I support Amendment 99 from the noble Baroness, Lady Bennett.

Through Amendment 100, the noble Lord, Lord Young of Cookham, seeks to increase protection for care leavers facing homelessness. I welcome this amendment and fully support it. We need to support care leavers and give them the opportunity to forge a happy, secure and hopeful life. It is our duty to do this and I hope that the Minister will agree with me and other Peers, and support these amendments.

--- Later in debate ---

[Lord Watson of Invergowrie (Lab)]

My Lords, introducing a national register for foster carers would produce many benefits. Overall, it would enhance their status. One resulting effect would be to attract more volunteers, thus beginning to reduce the shortage of foster carers across England, which currently stands at around 5,000. That in turn would improve the matching process by which children in care are placed with foster families, and increase the portability of foster carers. All those benefits would raise the level of safeguarding of children in the care system.

Last year the Commons Education Committee inquiry into children’s social care recommended that the creation of a national register of foster carers should be considered by the then Minister for Children. The inquiry was interrupted by the general election, but the new committee has reactivated it and is still considering these issues. It has been reported that the Government are considering the merits of a national register, which would certainly be appropriate because both the Scottish and Welsh Governments are consulting on the creation of such a register. Perhaps my noble friend can clarify the current thinking on this.

A register would safeguard children by keeping a central record of foster carers who have had their approval terminated for safeguarding reasons, ensuring that they are not reapproved by another service and then able to care for another child. Currently, services cannot always know this, particularly if potential foster carers are transferring between independents and local authority services. The introduction of a register would go hand in hand with an accredited pre-approval and post-approval training framework and robust national standards of practice, improving the overall quality of care for children.

The number of children in care in England who are moved outwith their local authority area is an issue that we have heard mentioned by noble Lords in several of the debates today. It increased from 41% in 2020 to 45% last year. A register would allow services to make matches more quickly at a local level, which would ultimately reduce out-of-area placements. That could be done by the new regional care co-operatives, which we are going to debate in the seventh group today and which will lead on regional placement commissioning, for which the Bill already makes provision. With a register in place, local authority fostering services could be given access to information on the number of fostering households with vacancies for children in their local area, including those with independent fostering providers, as well as in neighbouring local authorities.

This amendment would require the Government to establish a national register for foster carers. Linked to the regional care co-operatives, that would help to better safeguard children and, as I have said, improve the status of foster carers through formal recognition of their role, allowing services to match children to foster care placements more quickly at the local level.

I hope my noble friend will acknowledge that the register would bring the beneficial outcomes that I have outlined and overall assist in making a significant dent in that shortfall of foster carers, which results in too many young people being denied the option of improving their life chances by being able to find a loving foster family to embrace and nurture them. I beg to move.

[Lord Young of Cookham (Con)]

My Lords, Amendment 143 seeks to promote the idea of a national foster care strategy. I declare an interest in that a very long time ago my wife and I were registered as foster parents in the London Borough of Lambeth—nothing on the heroic scale of the Timpson family, of whom we heard earlier. It principally involved looking after the children of a single mother while she went into hospital to have her baby; somebody needed to look after her children before she was discharged. The regime in those days was much more relaxed than it is today.

Since then, the relatively informal system has evolved into a much more structured and regulated part of the child welfare system, particularly following the Children Act 1989. There is now a much stronger emphasis on the physical and psychological stability of a child, and more awareness of the risks of inappropriate placements.

I turn to the amendment. Most children grow up in their own home with two parents, one parent, or a parent and a partner, and most of the challenges that confront a family can be met within the normal support mechanism of families, friends, the local authority and heroic voluntary organisations. But at times children have to be taken into care by the local authority. In March 2024 there were 83,630 children in care in England, up from 80,000 in 2020. For those children, there is a range of options: for a very few it will be adoption, but for most it will be kinship care, fostering or children’s homes, and we had a good debate about kinship care and the role of local authorities as a constant theme.

Schools: Mobile Phones

Lord Young of Cookham Excerpts

Thursday 6th March 2025 Lords Chamber

Asked by

[Lord Young of Cookham]

To ask His Majesty’s Government what is their position on the use of mobile phones in schools.

[The Minister of State, Department for Education (Baroness Smith of Malvern) (Lab)]

My Lords, we know that using mobile phones in schools can lead to online bullying, distraction and classroom disruption, which can lead to lost learning time. The Government’s Mobile Phones in Schools guidance supports schools on how to develop, implement and maintain a policy that prohibits the use of mobile phones throughout the school day, including during lessons, the time between lessons, break time and lunchtime. Head teachers are rightly responsible for the implementation of guidance within their schools.

[Lord Young of Cookham (Con)]

My Lords, I am grateful for that reply. I understand the tension between a clear national policy on the one hand and an element of local discretion on the other, but I was struck by the reply of the noble Baroness’s ministerial colleague, the noble Baroness, Lady Anderson, in a recent debate on this subject in your Lordships’ House, in which she said that

“last year, around a third of pupils reported that most of their lessons were disrupted in some way by a mobile phone”.—[Official Report, 28/11/24; col. 895.]

Is that not just unacceptable? Should the Government not consult on some stricter options, one of which would include a ban on mobile phones in primary schools and, in secondary schools, making them inaccessible during school hours, except where they are needed for medical reasons?

[Baroness Smith of Malvern (Lab)]

First, it is clearly unacceptable if lessons are being disrupted. That is, in many ways, a broader issue than whether mobile phones are being used and goes to the behaviour policies that every school has a responsibility to have and to develop with their parents. I think it is important that we look at the way in which schools are already taking action to limit mobile phones. Actually, schools are moving towards developing many of the things that the noble Lord has suggested should be in place. This comes back to the point he raised about whether we believe that, with clear national guidance, including examples of how phones should be controlled in schools, we should nevertheless allow a determination at school level by head teachers of how that is actually implemented. I think that the balance is broadly right at the moment, although it is of course important that we keep this under review and that we encourage schools to do what is necessary to enable all classrooms to be purposeful and calm and for every child to be able to learn.

Free Schools and Academies

Lord Young of Cookham Excerpts

Thursday 23rd January 2025 Lords Chamber

[Lord Young of Cookham (Con)]

My Lords, I am grateful to my noble friend Lady Evans for initiating this debate, which has already produced some high-quality speeches. The contribution of my noble friend Lord Harris was one of the most compelling and persuasive that I have heard for a very long time. The Secretary of State should not just read it but watch it.

I looked at the list of speakers for this debate, saw the number of highly qualified noble Lords and paused before adding my name because, in 50 years in this building, I do not think I have ever spoken in an education debate. However, I have always taken an interest in education, as a local MP, as the parent of children who attended state schools and now once again as a governor in a multi-academy trust, as in the register. Much has changed since I was first a governor, in the 1960s. We had short meetings then, dominated by a head and a forceful lady from the Inner London Education Authority. We had slightly longer meetings in the 1980s when I was again a governor, because the fertile mind of my noble friend Lord Baker had introduced a fresh initiative, LMS—local management of schools—which we were getting our minds around. Now, as a trust member, I have taken a renewed interest in governance. I make no complaints that the entry requirements are now slightly higher. I had to have a DBS check and do online safety requirements for certificates on equality and diversity awareness, safeguarding and prevention, and NCSC security. I make no complaints about that at all.

However, some of the challenges facing the trust that I am on are the same as those for maintained schools. The 2.8% pay offer, not accepted by the unions, is currently unfunded, as indeed is the national insurance increase. Teacher recruitment and retention is a problem for all schools, but particularly for schools that are supporting children from more deprived backgrounds, as many multi-academy trusts are. They often have a higher number of children with SEND, needing more staff to support them, without clarity about how that will be funded. I welcome the steps taken by my noble friend Lady Barran when in government to rationalise the assessment of SEND and reduce delays. That needs to be built on.

Some of the other challenges for the trust are different. I will mention just one. The trust I have joined, which has an outstanding chair and CEO, is expanding, with local schools wanting to join. However, the time it takes to go through the process of adding schools leads to unnecessary uncertainty and a diversion of effort. Taking on a single academy is less difficult, but taking on a maintained school can take up to 12 months, with the property services division of the local authority often responsible for delay. Anything that the regional directors at the DfE can do to minimise delays for trusts that want to expand would be enormously welcome.

I have seen the benefits of academies where a school in special measures joins the trust. The trust then has much more direct control over that school than an LEA would have, and it can share resources with that school for a time, turning it around. I have seen the rapid improvement that is needed with a school, with a focus, for example, on issues such as non-attendance, and with teachers and pupils from stronger schools helping out with weaker schools. The trust with which I am involved is geographically concentrated. That means we can help a small number of schools in a much more focused way than the broader-based LEA could.

I listened with some dismay to the speeches of the noble Lord, Lord Storey, and the noble Baroness, Lady Bennett of Manor Castle. I have found no evidence of the bad practices that they mentioned at the schools in my group.

My final point has not been mentioned so far. The success of the academy movement has meant that some LEAs have been left with but a handful of primary schools. That means they have been even less able to support the schools remaining in their control. This reinforces the imperative for academy rollout to be completed, rather than delayed as the Government are suggesting at the moment.

Education: Early Years Attainment Gap

Lord Young of Cookham Excerpts

Tuesday 5th November 2024 Lords Chamber

[Baroness Smith of Malvern (Lab)]

The noble Baroness is right that those are the areas where need is very great. In our recent announcement of £15 million-worth of investment in the first 300 nurseries based in schools, we will be encouraging applications from those where there is a particular need. We will be using evidence of those applications to ensure that we are able to improve the provision in the areas that need it most.

[Lord Young of Cookham (Con)]

How confident is the Minister that she will be able to recruit the 35,000 additional staff that she needs to meet her target?

[Baroness Smith of Malvern (Lab)]

As I outlined to the noble Lord, it is a very big challenge and one that we inherited from the previous Government. We have reinvigorated the recruitment campaign and are focusing on ensuring that we have those staff in place. Although it will be very difficult, we are committed to ensuring that, next September, we deliver that improved entitlement for childcare.

Schools: Absenteeism

Lord Young of Cookham Excerpts

Tuesday 22nd October 2024 Lords Chamber

Asked by

[Lord Young of Cookham]

To ask His Majesty’s Government what steps they are taking to reduce absenteeism in schools.

[The Minister of State, Department for Education (Baroness Smith of Malvern) (Lab)]

My Lords, tackling absence is at the heart of our mission to break down the barriers to opportunity. If children are not in school, it does not matter how effective or well supported teaching and learning is; they will not benefit. That is why we are committed to working with the sector to provide access to specialist mental health professionals in every school and rolling out breakfast clubs to every primary school.

[Lord Young of Cookham (Con)]

I am grateful for that. Does the Minister agree that Covid weakened the contract between parents and schools? As a result, we have over 150,000 children missing on average every other day, double the number pre Covid, as well as 1.7 million missing on average every other Friday, again double the number pre Covid. Against the policies that she has just announced, will she agree to have targets to reduce absenteeism for those two categories?

[Baroness Smith of Malvern (Lab)]

The noble Lord is absolutely right to identify the scale of children who are both missing school and, in the case of those who are severely absent, missing more than 50%. We have seen those figures continue to rise, unfortunately. I am open to the idea of targets being the right approach, but I absolutely assure him that we are working extremely hard with a range of policies: the breakfast clubs that I have outlined, the specialist mental health professionals, the new guidance expecting close working between schools and local authorities, and the work on data and better analysis of those who are absent. That was started by the noble Baroness, Lady Barran, and we are absolutely determined to build on it to make sure that we bring those figures down.

Early Years Provision: Bell Review

Lord Young of Cookham Excerpts

Monday 21st October 2024 Lords Chamber

[Baroness Smith of Malvern (Lab)]

While we are ambitious for early years and childcare, we will need to consider the outcome of the spending review in thinking about where we can focus our resources. We intend to produce an early years strategy early next year, which will certainly build not only on what we have learnt in government and our work engaging with stakeholders and the dedicated staff in early years and childcare, but on Sir David’s recommendations.

[Lord Young of Cookham (Con)]

Does the Minister agree that to deliver the programme, we will need another 35,000 people working in childcare by this time next year and 6,000 by the end of this year? How confident is she that she will find the necessary people?

[Baroness Smith of Malvern (Lab)]

The noble Lord is right about the challenge for the workforce. That is why, last week, as he says, we published further information about the 75,000 additional staff that will be necessary. It will be a challenge, but we have already begun work, focusing on the Government’s childcare recruitment campaign, “Do Something Big”. We have also introduced a T-level in early years and childcare, and through Skills England we will be identifying the gaps and ensuring that the support is there for employers to develop staff in this area. But it will be a very big challenge to make sure that the places and people are there to deliver the entitlement by next September.

Government’s Childcare Expansion

Lord Young of Cookham Excerpts

Monday 21st October 2024 Lords Chamber

[Baroness Smith of Malvern (Lab)]

The noble Lord is absolutely right that grandparents quite often play a very important role in supporting their children and grandchildren. I will take away his exhortations about support for grandparents and perhaps return to that matter directly with him when I have found out more about it.

[Lord Young of Cookham (Con)]

My Lords, further to the questions about the workforce, the point has been made that it is about more than just giving an adequate salary for those in childcare; it is about recognition. The Minister referred in her reply to status and staff development. What steps are being taken to develop a proper career structure so that this field of education can compete with the rest of the education field in having a well-defined career structure for people to aim at?

[Baroness Smith of Malvern (Lab)]

The noble Lord is right; it is of course about reward, but it is also about progression and recognition. We have worked hard already to try to reset our relationship with staff across the education system. Over the coming weeks and months, the Government will set out further plans for reform to ensure that the workforce feels supported and valued. We want a system that celebrates and supports early years carers and embeds it into our wider education system. Alongside the work I have already outlined on recruitment, recognition and status is something that we will want to return to in the early years strategy as we develop it.

Independent Review of Children’s Social Care

Lord Young of Cookham Excerpts

Monday 9th September 2024 Lords Chamber

[Baroness Smith of Malvern (Lab)]

My noble friend is right, I am afraid, in his description of the enormous challenge in children’s social care at the moment, particularly by identifying the role of Ofsted. As I outlined in this House last week, Ofsted will be working closely with the children’s social care sector to determine how it can protect children in the way that he described. Also, on the particular challenges in the children’s social care placement market that my noble friend outlined, local authorities are facing enormous rising costs for these places and, as my noble friend says, for places which increasingly are not serving the needs of children. This Government are clear that excessive profiteering from vulnerable children in care is unacceptable. Through the legislation that we will bring forward, and through the regulation that he described, we will tackle this.

[Lord Young of Cookham (Con)]

My Lords, the MacAlister review described foster carers as the bedrock of a social care system. However, in the last five years we have lost 1,000 foster carers, with 5,000 more children in care. For many children, a children’s home with dedicated staff is the right answer, but living with a family in foster care may provide a more stable environment at a quarter of the cost. What is the Minister doing to encourage more foster carers to come forward and provide that care for children?

[Baroness Smith of Malvern (Lab)]

The noble Lord is right: for many children the stability that comes from being in a loving family with foster care is absolutely appropriate for them. Therefore, it is disappointing that, since 2019, the number of mainstream local authority foster carers has dropped by 11%. We will continue the policy of foster care hubs to provide support and resource for local authorities and foster carers in 10 different places—covering 64% of the country—and, where those hubs do not have impact, we will also develop the foster link resource to support children’s social care services in other parts of the country. There is a role to play for all of us and all local authorities in celebrating foster carers and encouraging more people to think about doing it.