Children's Wellbeing and Schools Bill (Fourteenth sitting)

Debate between Munira Wilson and Catherine McKinnell

Committee stage
Tuesday 11th February 2025 Public Bill Committees

[The Minister for School Standards (Catherine McKinnell)]

I appreciate the intention of the hon. Member for Twickenham in tabling new clause 30, and I agree that local authorities should be transparent about the services available to support children and families. However, our statutory guidance, “Working Together to Safeguard Children,” already requires local authorities and their statutory safeguarding partners to publish accessible information about the services that they offer children and families, including preventive services and family support.

I welcome the reference that the hon. Member for Twickenham made to preventive services and family support. The Government are committed to rebalancing the children’s social care system towards earlier intervention and reversing the trend of unsustainable spending at the crisis end of the system. Ou reforms to family help and multi-agency child protection, backed by over £500 million of investment in the next financial year, will improve access to early intervention services and ensure that more children and families can access the help and support that they need at the earliest opportunity.

I appreciate the intention of the hon. Member for North Herefordshire in tabling new clause 72, and I agree that local authorities should have a range of services available to support all children and young people and their families, but we have already planned investments of over £600 million for family services, across the spectrum of need—from universal services through to children’s social care interventions—in 2025-26. Through the family hubs and Start for Life programme, 75 of the most deprived local authorities in England have received funding to set up family hubs with integrated Start for Life services at their core. An additional 13 local authorities have been supported in opening family hubs through an earlier transformation fund.

By joining up and enhancing services, family hubs provide a welcoming front door to vital support to improve health, education, and the wellbeing of babies, children, young people and their families. More than 400 family hubs are funded through that programme. In 2025-26, local authorities will receive a further £126 million of combined funding from the Department for Education and the Department of Health and Social Care.

Our reforms to family help and multi-agency child protection, backed by over £500 million of investment in the next financial year, will improve access to early intervention services and ensure that children and families with multiple and/or complex needs can access the help and support they need at the earliest opportunity. I hope that that response is reassuring and that the hon. Member for Twickenham feels able to withdraw the amendment.

[Munira Wilson]

I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

New Clause 31

Eligibility for free school lunches

“In section 512ZB of the Education Act 1996 (provision of free school lunches and milk), before paragraph (a) insert—

‘(za) C’s household income is less than £20,000 per year;’”—(Munira Wilson.)

Brought up, and read the First time.

Question put, That the clause be read a Second time.

--- Later in debate ---

[Catherine McKinnell]

I appreciate the hon. Member’s concern, and I thank her for raising this issue. We believe that schools are best placed to understand the needs of their pupils and should be able to choose from a range of options to best suit those needs, with tutoring being one option, but not the only one.

Although the national tutoring programme ended on 31 August 2024, schools can continue to provide tutoring through the use of their pupil premium and other school funds. The pupil premium is funding to support the educational outcomes of disadvantaged pupils, and schools can direct spending where they think the need and impact is greatest. The Department for Education has already published guidance, based on evidence gathered through the national tutoring programme, on how to plan and deliver tutoring to pupils to support schools that wish to use this option. Pupil premium guidance sets out approaches, including tutoring, that can be used to support disadvantaged pupils, including those in the groups identified in the new clause. With that in mind, I kindly ask the hon. Member for Twickenham to withdraw the clause.

[Munira Wilson]

I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

New Clause 36

Establishment of a National Body for SEND

“(1) The Secretary of State must, within 12 months of the passing of this Act, establish a National Body for SEND.

(2) The functions of the National Body for SEND will include, but not be limited to—

(a) national coordination of SEND provision;

(b) supporting the delivery of SEND support for children with very high needs;

(c) advising on funding needed by local authorities for SEND provision.

(3) Any mechanism used by the National Body for SEND in advising on funding under subsection (2)(c) should be based on current need and may disregard historic spend.”—(Munira Wilson.)

This new clause would establish a National Body for SEND to support the delivery of SEND provision.

Brought up, and read the First time.

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[Munira Wilson]

I will pick up where I left off, on the third of the three key functions that this national SEND body would have. Those functions are advising on funding for local authorities, offering guidance based on current need and moving away from outdated spending models.

The second function provides families and local authorities with the assurance they need that, when a child with very high needs is identified, funding for those needs is available and can be met through a central pot. When I am asked about that, I liken it to highly specialised NHS commissioning for rare conditions. It would eliminate the postcode lottery for families and the funding risk for local authorities; when a local authority comes across a child who has very, very complex needs and requires support, it can put a big pressure on its high-needs block.

This body would ensure consistency in standards across the country and drive continuous improvement. It is an important piece of the puzzle in reforming a SEND system that was described as “lose, lose, lose” by the previous Conservative Education Secretary, Gillian Keegan.

[Catherine McKinnell]

I thank the hon. Lady for raising the issue. As she knows, we are absolutely aware of the challenges in the SEND system and how urgently we need to address them, but, as I know she appreciates, these are complex issues and need a considered approach to deliver sustainable change. We do not believe that the SEND system needs another body that would add to the bureaucracy in the system. The focus is on making the system less bureaucratic and getting support to children and young people who need it quickly and efficiently.

The Children and Families Act 2014 requires local authorities to work with a wide range of partners, including schools, colleges, health and, crucially, parents and young people, to develop their local offer of services and provision for special educational needs and disabilities. That recognises the differing circumstances of each local area and places decision making with the local authority. Crucially, decisions about provision for individual children and young people with statutory education, health and care plans are currently made by the local authority, which will know its schools, colleges and settings and the provision that they can offer in a way that a national body could not.

I absolutely recognise the challenges of supporting children with very high needs, particularly those who require highly specialist provision. Local authorities have statutory responsibilities to make joint commissioning arrangements about education, health and care provision for all children and young people who have special educational needs or a disability in the local authority’s area. We do not believe that a new body is required to support local authorities to deliver on those duties. The Government keep the funding formula and other arrangements that the Department uses to allocate funding for children and young people with SEND under review, and it is important that there is a fair education funding system that directs funding where it is needed. The input of stakeholders will be invaluable as we review current arrangements, but there is no need for a new national body to do that. Although I absolutely take on board the intentions and concerns of the hon. Member for Twickenham, I kindly request that the new clause be withdrawn.

[Munira Wilson]

I shall disappoint the Minister: I would like to press the new clause to a vote.

Question put, That the clause be read a Second time.

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[Munira Wilson]

I beg to move, That the clause be read a Second time.

I rise to speak to new clause 39, in my name and those of a number of my hon. Friends, which seeks to fulfil the second recommendation of the independent inquiry into child sexual abuse by establishing a child protection authority in England, which would be an arm’s length body of the Government on a par with organisations such as the National Crime Agency. As the inquiry set out, its role would be to

“improve practice in child protection by institutions, including statutory agencies;…provide advice to government in relation to policy and reform to improve child protection, including through the publication of regular reports to Parliament and making recommendations; and…inspect institutions as it considers necessary.”

I recently met Professor Jay and a member of the panel who was involved in that review, and they felt that there are certain gaps in the inspection regime across the country, so having this overarching national body with a focus on child protection is a really important recommendation and step forward. Indeed, it was the report’s second recommendation. The child protection authority would monitor the implementation of the inquiry’s recommendations.

I am very grateful that the Government have already committed to implementing the recommendations, but I gently say to Ministers that this Bill, which we have spent several weeks going through in detail, already focuses on a number of safeguards and child protection measures. One of the many reasons that the previous Government gave for not implementing some of the recommendations was a lack of legislative time, which I struggle to understand given the number of times the House rose early in the previous Parliament. Given that the IICSA recommendation requires legislation and we are considering a very relevant Bill, I am not entirely sure that the Government are committed to implementing it as they are not legislating for a child protection authority.

When we discussed new clause 15 this morning, the hon. Member for Southampton Itchen said that many of the crimes explored in the report are undoubtedly ongoing. Therefore, what could be more important than putting these provisions in place? I very much hope Ministers will seriously consider implementing this recommendation quickly and using the legislative opportunity. Even if they will not accept my new clause, there is time as the Bill progresses through Parliament to put into legislation one of Professor Jay’s key recommendations.

[Catherine McKinnell]

As the Prime Minister has made clear, we are focused on delivering the change and justice that victims deserve. As I set out earlier in response to new clause 15, on 6 January, the Home Secretary outlined in Parliament the commitments to introduce a mandatory duty for those engaging with children to report sexual abuse and exploitation, making grooming an aggravating factor to toughen up sentencing, and introducing a new performance framework for policing.

On 16 January, the Home Secretary made a further statement to the House that before Easter, the Government will lay out a clear timetable for taking forward the 20 recommendations from the final Independent Inquiry into Child Sexual Abuse report. Four were for the Home Office, including on disclosure and barring, and I know that work is already under way on those. As the Home Secretary stated, a cross-Government ministerial group is considering and working through the remaining recommendations, and that group will be supported by a new victims and survivors panel. Again, as I mentioned, the Government will also be implementing all the remaining recommendations in IICSA’s separate stand-alone report on grooming gangs from February 2022, and as part of that we will update key Department for Education guidance.

This landmark Bill will put in place a package of support to drive high and rising standards throughout our education and care systems, so that every child can achieve and thrive. It will protect children at risk of abuse and help to stop vulnerable children falling through cracks in service. I therefore urge hon. Members to support the Bill and the measures, and to withdraw the new clause.

[Munira Wilson]

I am still at a loss to understand why, if the Government support the recommendations, they are not using this legislative opportunity. I will therefore press the new clause to a vote.

Question put, That the clause be read a Second time.

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[Munira Wilson]

The end is in sight for all of us—we are on to the last column of the selection list. I will speak to new clauses 59 to 62, which are in my name and that of my hon. Friend the Member for St Neots and Mid Cambridgeshire. The new clauses all refer to support for kinship carers and children growing up in kinship care.

In clauses 5 and 6 in part 1 of the Bill, we discussed and agreed a number of encouraging provisions on defining kinship carers, setting out the support they are eligible for and providing additional educational support for the subset of children growing up in kinship care. However, what we have already agreed in Committee falls far short of the ambition that I heard the Secretary of State herself set out at a reception for kinship carers just a couple of months back.

At that reception, the right hon. Lady—unusually for a Secretary of State—called on campaigners and policymakers to keep pushing her. I think that that was in order to give her the clout in Government to go further. The four new clauses seek to do just that, and I hope Ministers will receive them in that spirit.

New clause 59 would ensure that kinship carers are entitled to paid employment leave. New clause 60 would put into statute an entitlement to an allowance on a par with that for foster carers. New clause 61 would extend pupil premium plus to all children in kinship care, based on the definition the Committee has agreed. Finally, new clause 62 would prioritise those same children for school admissions.

Kinship carers are unsung heroes, often stepping up at no notice to look after a child they are related to or know, because the parents can no longer do so. In oral evidence, Jacky Tiotto of the Children and Family Court Advisory and Support Service told us that

“the kinship carer’s life will not continue in the way it had before, in terms of their ability to work, maybe, or where they live.

We know that local authorities are under huge resource pressure, so there is going to have to be something a bit stronger to encourage people to become carers, whether that is related to housing or the cost of looking after those children. People will want to do the right thing, but if you already have three kids of your own that becomes tricky.”––[Official Report, Children's Wellbeing and Schools Public Bill Committee, 21 January 2025; c. 34, Q78.]

Time and again, we hear from kinship carers that they want to do the right thing—out of love for those family members—but financial and other barriers often stand in their way. One survey revealed that 45% of kinship carers give up work, and a similar number have to reduce their hours permanently, putting financial strain on the family. Those carers are disproportionately women and are over-represented in healthcare, education and social care, which simply exacerbates our workforce crisis in public services. Extending paid employment leave would enable more people to step up and provide a stable, loving home.

On allowances, there are not just long-term savings to be made in terms of the well-evidenced better health and education outcomes for children; there are also immediate cost savings to be had for the taxpayer. Compared to the cost of the alternative—local authority care—the saving is approximately £35,000 a year. Every child we manage to divert from local authority care into kinship care can deliver that saving for the taxpayer immediately. Surely Ministers can tempt their colleagues in the Treasury with that immediate spend-to-save argument?

In Kinship’s 2022 “Cost of Loving” survey of more than 1,000 kinship carers, one third said they may not be able to continue caring for their child as a result of financial pressures. I spoke to one kinship carer in my borough who had avoided putting the heating on and skipped all sorts of things, including food for herself, so that she could put enough food on the table for her grandson. Her story is far too common. A national, non-means-tested allowance would end the system of patchy means-tested allowances that reflect the postcode lottery of support that councils can afford to provide.

Ministers have already recognised in the Bill the need for additional educational support for children in kinship care. Why are we not treating all children equally, so that it is not just those who were previously looked after who are entitled to additional pupil premium funding or priority admissions? The trauma and needs of children in kinship care are often similar to those of children who were previously looked after. We should extend the same provisions to all children in kinship care.

I know that Ministers understand the sacrifices that kinship carers make and the trauma that children in kinship care have been through. The Schools Minister herself headed up a parliamentary taskforce on kinship in the last Parliament, and she was very active in the all-party parliamentary group on kinship care. I know that she is very familiar with these issues, and I hope she is sympathetic to the call in these new clauses. I hope to hear something positive and that Ministers—even if, as we know, they never accept Opposition new clauses in a Bill Committee—will seek to address these inequalities and support these unsung heroes, kinship carers, and the children they look after.

[Catherine McKinnell]

I thank the hon. Members for Twickenham and for St Neots and Mid Cambridgeshire for these new clauses. I want to start by emphasising how much I value kinship carers, who come forward to provide loving homes for children who cannot live with their parents. We absolutely recognise the challenge that many kinship carers face in continuing to work while dealing with the pressures of raising a child unexpectedly.

The support offered by the Government to kinship carers is a floor, not a ceiling, and we encourage employers to go further, where they can. One example of that is the Department for Education, which employs more than 7,500 public sector workers and has recently joined a small number of private sector employers, including Card Factory, Tesco and John Lewis, in offering a paid leave entitlement to all eligible staff who become kinship carers.

Employed kinship carers may already benefit from a number of workplace employment rights that are designed to support employees in balancing work alongside caring responsibilities. Those rights include a day one right to time off for dependants, which provides a reasonable amount of unpaid time off to deal with an unexpected or sudden emergency involving a child or dependant, and to put care arrangements in place. There is also unpaid parental leave for employees who have or expect to have parental responsibility, which we are making a day one right through the Employment Rights Bill. An employee may not automatically have parental responsibility as a result of being a kinship carer, but may do if they have acquired parental responsibility through, for example, a special guardianship order. If they are looking after a child who is disabled or who lives with a long-term health condition, they would also be entitled to carer’s leave, which would allow them to take up to a week’s leave in a 12-month period.

All employees also have a right to request flexible working from day one of employment. The Government will make flexibility the default, except where it is not feasible, through measures in the Employment Rights Bill. We have also committed to a review of the parental leave system to ensure that it best supports all working families. Work is already under way on planning for its delivery.

On new clause 60, again, I am grateful for the opportunity to discuss financial support for kinship carers. In October 2024, the Government announced £40 million of new funding for a kinship financial allowance pilot, which will test the impact of financial support for kinship carers. This is the single biggest investment made by Government in kinship care to date. It could transform the lives of vulnerable children who can no longer live at home by allowing them to grow up with their families and communities, reducing the disruption in their early years so that they can focus on schooling and building friendships. The pilot will provide a weekly financial allowance to kinship carers to support them with the additional costs incurred when taking on parental responsibility for a child.

Our ambition is that all kinship carers get the support they need to care for their children and to help them thrive, but it is important that we build the evidence first to find out how best to deliver that financial support. Decisions about future roll-out will be informed by the findings of the evaluation. The Government will confirm the eligible cohort for the pilot as well as the participating local authorities soon, and we expect the pilot to go live in autumn 2025.

New clauses 61 and 62 would extend pupil premium eligibility to children living in kinship care, and provide those children admissions in preference to other children, in the same way as children who are or were looked after by a local authority in England are currently given preference. We are providing over £2.9 billion of pupil premium funding to improve the educational outcomes of disadvantaged pupils in England, including looked-after and previously looked-after children. Pupil premium is not a personal budget for individual pupils, and schools do not have to spend the funding so that it solely benefits pupils who meet the criteria. Schools can direct funding where the need is greatest, including to pupils with other identified needs, such as children in kinship care. They can also use pupil premium on whole-class approaches that will benefit all pupils, such as high-quality teaching. There are no plans to change the pupil premium eligibility at present. However, we will continue to keep it under review to ensure that the support is targeted at those who need it most.

All state-funded, non-selective schools are required to provide the highest priority in their admissions over-subscription criteria to looked-after and previously looked-after children. Those children are among the most vulnerable in our society, and wherever possible, they should be admitted to the school that is best able to meet their needs. Some children in kinship care may share some of those characteristics. Indeed, many children in kinship care may already be eligible for the highest priority for school admission—for example, where a child is looked after by their local authority and then fostered by a kinship carer, or where they were previously looked after. We think that this approach is the best way of ensuring that the most vulnerable pupils of this cohort, who would benefit most from priority admissions, are able to access the school place that is right for them.

It is also worth noting that the school admissions code provides another protection to children in formal kinship care, irrespective of whether they have spent time in local authority care. The admissions code ensures that such children are eligible to be secured a school place through the fair access protocol, which is the local mechanism for ensuring that those struggling to secure a school place via the usual admissions processes are found one.

Given those existing protections, we do not consider it necessary at this time to extend the existing priority for looked-after and previously looked-after children in England to include all children in kinship care. We are also extending local authorities’ statutory duties to include promoting the educational achievement of all children living in kinship care within the meaning of new section 22I(1) of the Children Act 1989, which will be inserted by the Bill. We will also extend the duty of virtual school heads to provide information and advice to include all children living with a special guardian or under a child arrangement order where the child is living with a kinship carer within the meaning of new section 22I(6) of the 1989 Act. On that basis, I ask the hon. Member for Twickenham not to press the new clauses.

[Munira Wilson]

I thank the Minister for her response. It is obviously disappointing that Ministers will not go further, particularly on allowances. The pilots that were set out in a tiny number of local authorities with a very small subset of kinship carers were not ambitious enough. On that basis, I would like to press new clause 60 on allowances to a vote, but I am happy to leave the others. I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

New Clause 60

Kinship care allowance

(1) A person is entitled to a kinship care allowance for any week in which that person is engaged as a kinship carer in England.

(2) For the purposes of this section, a “kinship carer” has the meaning given in section 22I of the Children Act 1989, as inserted by section 5 of this Act.

(3) A person is not entitled to an allowance under this section unless that person satisfies conditions prescribed in regulations made by the Secretary of State.

(4) A person may claim an allowance under this section in respect of more than one child.

(5) Where two or more persons would be entitled for the same week to such an allowance in respect of the same child, only one allowance may be claimed on the behalf of—

(a) the person jointly elected by those two for that purpose, or

(b) in default of such an election, the person determined by, and at the discretion of, the Secretary of State.

(6) Regulations may prescribe the circumstances in which a person is or is not to be treated for the purposes of this section as engaged, or regularly and substantially engaged, in caring for a child under an eligible kinship care arrangement.

(7) An allowance under this section is payable at the weekly rate specified by the Secretary of State in regulations.

(8) Regulations under subsection (7) may specify—

(a) different weekly rates for different ages of children being cared for, or

(b) different weekly rates for different regions of England.

(9) Regulations under subsection (7) must specify a weekly rate that is no lower than the minimum weekly allowance for foster carers published by the Secretary of State pursuant to section 23 of the Care Standards Act 2000.—(Munira Wilson.)

Brought up, and read the First time.

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[Munira Wilson]

I am moving the new clause on behalf of my hon. Friend the Member for St Albans (Daisy Cooper), who has raised the issue that summer-born children with SEND are often placed in the following year group at school, often at the request of their parents, but when they transfer into or out of special or mainstream school, they are then placed back into their chronological year and, as a result, end up missing a whole year of education. Guidance exists for summer-born children who do not have EHCPs but not, strangely, for those who do. New clauses 68 and 69 would simply require guidance to be published for local authorities and school admissions authorities on the admission of summer-born children with education, health and care plans and would require local authorities to collect and publish data relating to summer-born children.

[Catherine McKinnell]

The Government agree with the hon. Member for Twickenham that local authorities have important and complex decisions to make when parents ask for a summer-born child with an EHC plan to be placed outside the usual year for their age. The Department’s existing guidance for the admission of summer-born children without education, health and care plans sets out a recommended approach for those key decisions. Many of the considerations in that guidance will be similar for children with an education, health and care plan. Getting those decisions right can make a huge difference to the child’s outcomes and their experience of school, so such decisions need to be made thoughtfully and fairly, with due consideration given to what the parents want for their child. That is why, in July last year, in response to a parliamentary question from the hon. Member for St Albans, I committed to consider whether we should publish guidance on how these decisions are best made. We have been doing just that, and will confirm our decision in the coming months. In the meantime, it would not be appropriate to pre-empt the content of any such guidance by confirming the details now. However, I can say that we have been giving careful consideration to many of the matters outlined in the new clause and deciding how best to proceed.

On new clause 69, the Department conducts a voluntary biennial survey of local authorities about the admission of summer-born children. That asks local authorities to include data, where they hold it, about all schools in their area. The Department publishes a report on the findings of the survey, those findings show that only a small proportion—1.5%—of parents of summer-born children ask for them to be admitted to reception at age five. The vast majority of such requests—nine out of 10—are approved. The first summer-born children admitted out of their normal age group are now transitioning to secondary school. Our next survey will ask local authorities for data about the number of children who remain out of their normal age group at that point. The survey does not currently ask local authorities to specify how many requests relate to children with an education, health and care plan but we regularly review the survey, and that is something that we may consider in the future. Given that the existing arrangements to collect data about the admission of summer-born children are working well, it would seem disproportionate to impose a new statutory duty to make the data collection mandatory. I therefore respectfully ask the hon. Member to withdraw the new clause.

[Munira Wilson]

I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

Children's Wellbeing and Schools Bill (Twelfth sitting)

Debate between Munira Wilson and Catherine McKinnell

Committee stage
Thursday 6th February 2025 Public Bill Committees

[Catherine McKinnell]

My hon. Friend makes an important point. It is worth looking at the data: in 2023-24 there were up to 410 households that included a care leaver who was found to be intentionally homeless. We appreciate that disapplying the intentional homelessness test means that local authorities will have much greater scope and ability to work with these young people and to support them into a more secure adult life. That clearly involves having a secure home, so I hope that hon. Members are willing to support this clause.

Question put and agreed to.

New clause 6 accordingly read a Second time, and added to the Bill.

New Clause 57

Pay and conditions of Academy teachers

“Schedule (Pay and conditions of Academy teachers: amendments to the Education Act 2002) amends Part 8 of the Education Act 2002 (teachers’ pay and conditions etc) in relation to the pay and conditions of teachers at Academies (other than 16 to 19 Academies).

Part 8 of the Education Act 2002”.—(Vicky Foxcroft.)

This clause replaces Clause 45 and introduces the schedule to be inserted by NS1.

Brought up, read the First and Second time, and added to the Bill.

New Clause 1

Implementation of the recommendations of the Independent Inquiry into Child Sexual Abuse

“(1) The Secretary of State must, within 6 months of the passing of this Act, take steps to implement each of the recommendations made in the final report of the Independent Inquiry into Child Sexual Abuse.

(2) The Secretary of State must, after a period of six months has elapsed from the passing of this Act and at 12 monthly intervals thereafter, publish a report detailing the steps taken by the Government to implement each of the recommendations.

(3) A report published under subsection (2) must include—

(a) actions taken to meet, action or implement each of the recommendations made in the final report of the Independent Inquiry into Child Sexual Abuse;

(b) details of any further action required to implement each of the recommendations or planned to supplement the recommendations;

(c) consideration of any challenges to full or successful implementation of the recommendations, with proposals for addressing these challenges so as to facilitate implementation of the recommendations; and

(d) where it has not been practicable to fully implement a recommendation—

(i) explanation of why implementation has not been possible;

(ii) a statement of the Government’s intention to implement the recommendation; and

(iii) a timetable for implementation.

(4) A report published under subsection (2) must be subject to debate in both Houses of Parliament within one month of its publication.

(5) In meeting its obligations under subsections (1) and (2), the Secretary of State may consult with such individuals or organisations as they deem appropriate.”—(Munira Wilson.)

Brought up, and read the First time.

[Munira Wilson]

I beg to move, That the clause be read a Second time.

I rise to speak to the new clause, tabled in my name and in the name of a number of my colleagues. Briefly, it goes without saying that, on all sides of the House, we are horrified by child sex abuse and what Professor Alexis Jay uncovered through her seven-year-long investigation. We are also horrified that so little progress has been made to date in implementing the 20 recommendations she set out. The new clause therefore seeks to create a legislative commitment, with clear timescales and regular reporting to Parliament, on progress in implementing that report. It is an attempt to approach the issue constructively.

I was disappointed, to put it mildly—in fact, pretty outraged—that Conservative colleagues sought to weaponise the issue on Second Reading to try to kill off the entire Bill. I hope that this is a much more constructive approach. However, I recognise that shortly after my tabling the new clause following Second Reading, the Government made further announcements, including that Baroness Casey will undertake a rapid review and that they will be setting out a timetable.

On that basis, I am happy to withdraw the new clause, but my party and I will continue to hold the Government’s feet to the fire. These girls have been abused, and I am in no doubt that the abuse is ongoing. That needs to be tackled, and justice needs to be served, so I hope that the Government will implement the recommendations and set out a clear timescale.

[Ellie Chowns]

I rise to speak in support of the new clause, while recognising what the hon. Lady who tabled it has just said. In doing so, I am particularly mindful of a constituent of mine who came to see me in January to tell me that she had given evidence to the independent inquiry into child sexual abuse. Frustrated does not even cover how she felt—she was incredibly upset at the lack of progress on implementation under the previous Government, and she was frustrated to find that progress now is still not fast enough.

We have a huge responsibility to all who suffer child sexual abuse, and in particular to those who have been brave enough to come forward and give evidence, trusting that that evidence would help to make changes. I hope that the Minister can clarify timetables for implementation.

[Catherine McKinnell]

As the Prime Minister has made clear, we are absolutely focused on delivering justice and change for the victims on this horrific crime. On 6 January, the Home Secretary outlined in Parliament commitments to introduce a mandatory duty for those engaging with children to report sexual abuse and exploitation, to toughen up sentencing by making grooming an aggravating factor and to introduce a new performance framework for policing.

On 16 January, the Home Secretary made a further statement to the House that, before Easter, the Government will lay out a clear timetable for taking forward the 20 recommendations from the final IICSA report. Four of those were for the Home Office, including on disclosure and barring, and work on those is already under way. As the Home Secretary stated, a cross-Government ministerial group is considering and working through the remaining recommendations. That group will be supported by a new victims and survivors panel.

The Government will also implement all the remaining recommendations in IICSA’s separate, stand-alone report on grooming gangs, from February 2022. As part of that, we will update Department for Education guidance. Other measures that the Government are taking forward include the appointment of Baroness Louise Casey to lead a rapid audit of existing evidence on grooming gangs, which will support a better understanding of the current scale and nature of gang-based exploitation across the country, and to make recommendations on the further work that is needed.

The Government will extend the remit of the independent child sexual abuse review panel, so that it covers not just historical cases before 2013, but all cases since, so that any victim of abuse will have the right to seek an independent review without having to go back to the local institutions that decided not to proceed with their case. We will also provide stronger national backing for local inquiries, by supplying £5 million of funding to help local authorities set up their own reviews. Working in partnership with Tom Crowther KC, the Home Office will develop a new effective framework for victim-centred, locally led inquiries.

This landmark Bill will put in place a package of support to drive high and rising standards throughout our education and care systems, so that every child can achieve and thrive. It will protect children at risk of abuse and stop vulnerable children falling through the cracks in service. I acknowledge that the hon. Member for Twickenham is content to withdraw her new clause, and thank her for that. Allowing this Bill’s passage will indeed go a long way to supporting the young people growing up in our system and to protect them from falling through the cracks that may leave them vulnerable to this form of abuse. Indeed, across Government, we will continue to work to take forward the recommendations and to reform our system so that victims get the justice they deserve.

[Munira Wilson]

I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 2

Provision of free school lunches to all primary school children

“(1) Section 512ZB of the Education Act 1996 (provision of free school lunches and milk) is amended as follows.

(2) In paragraph (4A)(b), after ‘year 2,’ insert ‘year 3, year 4, year 5, year 6’.

(3) In subsection (4C), after ‘age of 7;’ insert—

‘“Year 3” means a year group in which the majority of children will, in the school year, attain the age of 8;

“Year 4” means a year group in which the majority of children will, in the school year, attain the age of 9;

“Year 5” means a year group in which the majority of children will, in the school year, attain the age of 10;

“Year 6” means a year group in which the majority of children will, in the school year, attain the age of 11;’” —(Ellie Chowns.)

This new clause would extend free school lunches to all primary school age children in state funded schools.

Brought up, and read the First time.

--- Later in debate ---

[Catherine McKinnell]

I totally agree it is vital there is publicly available data regarding local authority performance on EHCPs. That is why we publish annual data on each local authority’s timeliness in meeting their 20-week deadline. Local authorities identified as having issues with EHCP timeliness are subject to additional monitoring by the Department for Education, which works with the specific local authority. Where there are concerns about the local authority’s capacity to make the required improvements, we have secured specialist special educational needs and disabilities adviser support to help identify barriers to EHCP timeliness and put in place practical plans for recovery.

Furthermore, when Ofsted and Care Quality Commission area SEND inspections indicate there are significant concerns with local authority performance, the Department intervenes directly. That might mean issuing an improvement notice or statutory direction or appointing a commissioner, deployment of which is considered on a case-by-case basis.

We are clear that the SEND system requires reform. We are considering options to drive improvements, including on the timeliness of support and local authority performance. We do not believe increasing the amount of published data and reporting on EHCP timeliness alone would lead to meaningful improvements in performance. We are working closely with experts on reforms. We recently appointed a strategic adviser for SEND who will play a key role in convening and engaging with the sector, including leaders, practitioners, children and families, as we consider the next steps for future reform of SEND.

In response to the hon. Member for St Neots and Mid Cambridgeshire, I absolutely respect the intentions of his amendment and the desire to see much greater timeliness and support for children with SEND and their families. We are working incredibly hard—this is a priority within the Department for Education—to get much better outcomes. We do not believe that this amendment will achieve the desired outcome, although we share the intention behind the amendment.

[Munira Wilson]

I appreciate what the Minister is saying. I agree with her that this is not a silver bullet. This will not suddenly improve the system. This is about transparency and accountability where, as my hon. Friend the Member for St Neots and Mid Cambridgeshire pointed out, there are some councils that are missing the targets by such a long chalk, and is about setting out the reasons for doing so. We know in some areas that frankly NHS partners are not working constructively with local authorities to help deliver EHCPs on time.

As the Minister looks at reforming the system—and I know from my discussions with her and the Secretary of State that the Government are working hard on this—could I urge that they seriously consider this provision. It is about transparency and accountability for parents, which I think is really important.

[Catherine McKinnell]

I thank the hon. Lady for that intervention and the hon. Member for St Neots and Mid Cambridgeshire for the way in which he presented this clause. We share the ambition for children with special educational needs and disabilities to get much better service, from their local authority and on their education journey. We recognise there are significant challenges for those who seek to deliver that being able to do so, which is why we are looking at reform in a whole-system way. We are looking to drive mainstream inclusion within our school system and to reduce the waiting times for assessments, which we know is led by the Department of Health and Social Care. This is a cross-departmental effort involving the Ministry of Housing, Communities and Local Government, the Department of Health and Social Care, the Department for Work and Pensions, and clearly the Department for Education has a key role in achieving a much better outcome for children with special educational needs. We absolutely take away the intentions of this amendment, but would appreciate it not being pressed to a vote as part of the Bill. The conversation about special educational needs and improving the outcomes for children will, however, without doubt continue.

Children's Wellbeing and Schools Bill (Eleventh sitting)

Debate between Munira Wilson and Catherine McKinnell

Committee stage
Thursday 6th February 2025 Public Bill Committees

[Catherine McKinnell]

Adjudicators’ decisions are legally binding and publicly available. Ultimately, adjudicators are appointed by the Secretary of State, who is accountable for those decisions. That responds to the question from the right hon. Member for East Hampshire about democratic accountability.

I presume that the outcome in the case that the hon. Member for Harborough, Oadby and Wigston raises would be a legal challenge to the decision. Obviously, he and the right hon. Member for East Hampshire are testing the possible outcomes of this measure to the very limit, which comes across as rather extreme in most cases. The purpose of the clause is to simplify, clarify and make more transparent the levers that local authorities will have to set planning numbers in their area, ideally to reduce the number of challenges and issues that arise.

[Munira Wilson (Twickenham) (LD)]

Other than the Government Whip, the hon. Member for Lewisham North, I am the only London MP in the room. There has been a lot of discussion about London schools and the challenges that we have, and one of the reasons why I have been listening quietly is that I have a lot of sympathy for both sets of arguments that have been put forward.

I want to pick up on the point about new schools opening in areas where there may already be surplus capacity. In defence of the right hon. Member for East Hampshire, I do not think that this issue is just theoretical. I talked to a director of children’s services about a borough —it neighbours the one containing my constituency—where there is already a funding application in the pipeline for a new free school. At the same time, an academy has just decided to expand its PAN. That director of children’s services was saying, “Actually, I welcome the duty to co-operate,” but it throws up the question posed by the right hon. Member for East Hampshire: would the adjudicator urge Ministers to turn down the application for the free school because an existing academy is already expanding its PAN? I do not say that to make a political point; it is a genuine question that will need some clarity from Ministers, albeit subsequent to this debate.

[Catherine McKinnell]

I appreciate that the hon. Lady refers to a real potential scenario, although I would certainly put it in the hypothetical category at this stage. The Office of the Schools Adjudicator can only take a decision where there has been an objection. That is the point I was making. It cannot decide whether to open a school; it can take a decision only where an objection is made specifically to the adjudicator on the basis of the proposed published admission number.

Subject to the passing of this Bill, new school proposals put forward by the local authority outside the invitation process—I do not believe we have got to those clauses yet; we are coming to a whole additional debate on that—will be decided by the schools adjudicator, to avoid any conflict of interest and to ensure that any objections to the proposals are considered fairly. Obviously, it will have the legal framework within which to operate in order to make those decisions. That is an established part of the current system.

For other possible scenarios, we will provide guidance on the factors that we expect decision makers to take into account in the variety of decisions that may be required. That will be based on the existing guidance for opening new schools and will include the vision for the school, whether it is deliverable and affordable, the quality of the education, the curriculum and the staffing plans. Those are all the factors taken into account when determining the opening of a new school.

However, I appreciate the challenge on published admission numbers, in particular, being a factor to be taken into consideration. As I said, I will confirm in more detail how that might work in practice, but the fundamental point is that it will be set out in guidance. If there is a challenge to a decision by an adjudicator, that will be by way of judicial review.

Moving on, new clause 46, tabled by the hon. Member for Harborough, Oadby and Wigston, seeks to ensure that where high-performing schools, as defined in his new clause, wish to increase their published admission number, their admission authority must reflect that in the determined admission arrangements. I can reassure him that, as I have said already, this Government support good schools expanding where that is right for the local community. We understand the importance of admission authorities being able to set their own admission arrangements, including their published admission number.

Admission authorities will consider a variety of factors in arriving at the most appropriate number for their schools and must consult where they want to make changes, taking the feedback into account before they make their final decision. Where, for example, a multi-academy trust or local authority is setting the PAN for an individual school for which it is the admission authority, it is right that it takes into account the views of that school, but that can be done by informal engagement or by a formal consultation process if necessary.

The school admissions code requires governing bodies to be consulted on changes to a school’s admission arrangements where they are not the admission authority. However, that does not mean that those views should override any relevant factors, such as budgeting or staffing, that a trust, governing body or local authority, as the school’s admission authority, may need to take into consideration as part of its final decision.

If the school feels that it has not been heard and the admission authority has reduced the published admission number where the school feels it should be able to offer more places, it would be open to the school itself, like any other body or person, to object to the adjudicator for an independent resolution. We expect most issues to be resolved locally, through engagement and collaboration, and, given the existing, effective routes for schools to influence the published admission number set for them by the local authority, we do not think the new clause is necessary. For the reasons I have outlined, I would ask the hon. Gentleman not to press it.

Finally, I turn to new clause 47, tabled by the hon. Member for Harborough, Oadby and Wigston, which would prevent objections from being made against an admission authority where it proposes to increase its PAN or keep it the same as the previous year. Through clause 50 we want to ensure that the number of places on offer in an area adequately reflects the needs of the local community. As the hon. Member is aware, at present, any body or person can object to the adjudicator about a school’s determined admission arrangements, including the school’s PAN. However, current regulations have the same effect as his new clause of preventing objections where a PAN is increased or retained at the same level as the previous year. We intend to amend those regulations to allow the local authority to object to the adjudicator where a PAN has been increased or has stayed the same as in the previous year. This is intended to facilitate the measures set out in clause 50 to provide a more effective route for local authorities to object to the independent adjudicator about a school’s PAN.

The current circumstances in which the system operates are complex. In some areas there is a surplus of places, whereas in others, some admissions authorities are not offering sufficient places to ensure that all children can access a local school That means that both PAN increases and decreases can impact on the local school system in different ways, and that even where a school’s PAN has not changed from previous years, changing demographics can mean that that number no longer meets the needs of the local area. However, local authorities often lack the levers to deliver on their duty to ensure that there are sufficient school places, or to manage the school estate effectively. So, if the PAN does not work in the interests of the local community, the local authority should be able to object to the adjudicator, regardless of whether the school intends to increase, decrease or keep the same PAN, and that will ensure fairness and the most appropriate decision on the allocation of places.

Our proposed changes reflect local authorities’ important role in ensuring that there are sufficient places, and that the number of places offered in an area meets the needs of the community. That is why we are proposing a limited change to the regulations to lift this restriction only for local authorities, not for all bodies or people. The route of objection will be a last resort for local authorities. We expect local authorities and schools to work together to set PANs that are appropriate, and we will update the school admissions code to support that.

As the House has previously confirmed in passing the relevant regulations, the flexibility of the current regulations has worked well, enabling the Government of the day to be responsive to changing circumstances in the interests of parents and communities. New clause 47 would prevent the Government from exercising the flexibility provided for by the existing legislative framework, leaving local authorities with limited ability to act in the interests of the local community and seek an independent decision on the PAN of a school where they consider it does not meet the community’s needs. The changes that the Government propose to make to the regulations will of course be subject to parliamentary scrutiny.

In the light of those arguments, I respectfully ask the hon. Member for Harborough, Oadby and Wigston to withdraw his amendment, and I commend clause 50 to the Committee.

Children's Wellbeing and Schools Bill (Tenth sitting)

Debate between Munira Wilson and Catherine McKinnell

Committee stage
Tuesday 4th February 2025 Public Bill Committees

[Catherine McKinnell]

We recognise the valuable contribution of UTCs in providing a distinctive technical education curriculum. However, we want to ensure that all children have access to a quality core curriculum. The curriculum and assessment review is helping us to make sure we have a broad, enriching curriculum from which every child can benefit. Once it is complete, we will work with UTCs to provide any support they need to implement the changes, because we recognise their particular offer.

[Munira Wilson]

It was me who asked about UTCs. In her answer, is the Minister suggesting that UTCs will be required to follow the full national curriculum, even if they have a very specific technical specialism?

[Catherine McKinnell]

The right hon. Member for East Hampshire made a very interesting speech. As far as I could tell, it was not all entirely relevant to the clause, but it was an interesting description of a national curriculum and its purpose and core. Fundamentally, we want every child to have that basic core of rich knowledge and experience. Even if their school has a technical or other specialism, we still want them to have that curriculum. It is incumbent on us as a Government to create a curriculum and assessment framework that can accommodate variations, flexibility and innovation within the system. We will work with UTCs to ensure that the curriculum can be applied in their context.

This brings me to the question from the hon. Member for Harborough, Oadby and Wigston about costs. As we plan the implementation of the curriculum, we will work with trusts and schools to consider what support they might need to implement the changes. That is my response to his question.

--- Later in debate ---

[Munira Wilson]

The hon. Lady posed a question and answered it herself, so I shall move on.

My amendment 95 is perhaps made redundant by yesterday’s announcements, but amendment 96 talks about parliamentary oversight. That comes back to the fundamental point that I made in the Chamber yesterday, which is that we will end up passing the Bill before we see the outcome of the consultations from Ofsted and the Government on school improvement. I therefore humbly ask Ministers to at least allow Parliament to have sight of what will replace the power that is being amended, our support for which is of long standing.

[Catherine McKinnell]

Amendment 80 would retain the existing duty to issue an academy order where a school is judged to be in a category of concern by Ofsted. However, it provides an exemption to the duty in cases where the Secretary of State is unable to identify a suitable sponsor trust for the school.

Amendment 81 would not alter the repeal of the existing duty to issue academy orders to schools in a statutory category of concern; it would replace it with a duty to issue an academy order to schools assessed as requiring significant improvement or assessed by a RISE team to be significantly underperforming in comparison with their peers. Where a school is judged as requiring special measures, the Secretary of State would have a choice as to whether to issue an academy order, to deploy a RISE team or to use another intervention measure.

The amendments acknowledge the spirit of our proposal, which is to repeal the duty to issue academy orders and so to provide more flexibility to take the best course of action for each school. We recognise that in some cases the existing leadership of a failing school is strong and, with the right support, has the capacity to improve the school. Repealing the duty to issue an academy order means that in such cases we will have the flexibility to provide targeted support to schools, for example through RISE teams, to drive school improvement without the need to change the school’s leadership. I acknowledge the spirit of amendments 80 and 81 and the support for greater flexibility, but they would undermine the objective of enabling greater flexibility when intervening in failing schools. I therefore ask the hon. Members not to press them.

--- Later in debate ---

[Catherine McKinnell]

The hon. Lady has made her point. I will not comment on individual circumstances or individual trust leaders—I do not believe it would be appropriate for me to do so. But she has made her point and it is an important one that is reflected in the processes in the Academy Trust Handbook and the processes that are in place regarding these issues. We will keep it under review as a Department. Obviously the changes that we are bringing will have an impact in terms of setting a more equal balance between the approaches of academies and maintained schools in pay and conditions. That is the intention of the clause.

I hope I have set out clearly how our amendments to the existing clause 45 and subsequent secondary legislation will deliver on our commitment to a floor with no ceiling. It will enable good practice and innovation to continue and will be used by all state schools to recruit and retain the best teachers that they need for our children. I therefore urge members of the Committee to support the amendments, but in this context the current clause 45 should not stand part of the Bill.

[Munira Wilson]

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 45 disagreed to.

Children's Wellbeing and Schools Bill (Fifth sitting)

Debate between Munira Wilson and Catherine McKinnell

Committee stage
Tuesday 28th January 2025 Public Bill Committees

[The Minister for School Standards (Catherine McKinnell)]

I will speak to amendments 23, 40 and 41 and to clause 7.

Amendment 23 was tabled by the hon. Members for Harborough, Oadby and Wigston and for Central Suffolk and North Ipswich, and I thank them for it. The amendment draws attention to an important principle that must run through the whole approach that local authorities take to listening and responding to the wishes and feelings of their care leavers. When a local authority is assessing what staying close support should be provided to a young person, it should have regard to their wishes, which is why we intend to publish statutory guidance that will draw on established good practice that we want all local authorities to consider. It will cover how that will work, with interconnecting duties, especially the duty to prepare a pathway plan and keep it under a review. In developing and maintaining the plan and support arrangements, there is a requirement for the care leaver’s wishes to be considered.

In response to the specific questions raised by the hon. Member for Harborough, Oadby and Wigston, as I said, pathway planning is already a statutory requirement to eligible care leavers, so the statutory guidance will set out how and when care leavers should be assessed based on their own needs and using the current duties to support care leavers with reference to a trusted individual. Those individuals will often already be known to the young person, such as a former children’s home staff member, and that will clearly be set out in the statutory guidance. We will base that on the best practice that we see already in train.

On the lifelong links, we are currently funding 50 family finding, befriending and mentoring programmes, which are being delivered by 45 local authorities. The programmes will help children in care and care leavers to identify and connect with important people in their lives, improving their sense of identity and community and creating and sustaining consistent, stable and loving relationships. I recognise the points that the hon. Gentleman made. The Department for Education has commissioned an independent evaluation of the family finding, befriending and mentoring programme, which will inform decisions about the future of the programme and how it will work.

On amendment 40, each care leaver will have their own levels of need and support. Local authorities have a duty to assess the needs of certain care leavers and prepare, create and maintain a pathway for and with them. Statutory guidance already makes it clear that the pathway planning process must address a young person’s financial needs and independent living skills. Where eligible, they will be able to have access to financial support and benefits as well as support to manage those benefits and allowances themselves. That will be strengthened by the support made available through clause 7, including advice, information and representation, to find and keep suitable accommodation, given that budgeting and financial management issues can be a significant barrier to maintaining tenancies for many care leavers. That will include advice and guidance to local authorities to aid in the set-up and delivery, building on best practice of how current grant-funded local authorities are already offering support to access financial services and financial literacy skills for their care leavers.

To respond to amendment 41, we know that some care leavers may not feel ready to live independently straight away; that is where supported lodgings can offer an important suitable alternative. They are an excellent way for individuals with appropriate training to offer a room to a young person leaving care and a way for that young person to get the practical and emotional support to help them to develop the skills they need for independent living. We will continue to encourage the use of supported lodgings for care leavers where it is in the best interests of the young person.

However, we do not feel that amendment 41 is needed. Clause 7(4)(a) specifies that staying close support includes help for eligible care leavers

“to find and keep suitable accommodation”.

That will include support to find and keep supported lodgings where the young person and the local authority consider it appropriate. We will make that and other suitable options absolutely clear in statutory guidance, building on the best practice from the current staying close programme.

[Munira Wilson (Twickenham) (LD)]

It is good to hear that supported lodgings will be referred to in statutory guidance. I heard from the charity Home for Good, which is involved in setting up those networks of local authorities that provide supported lodgings, that in some local authorities money for supported lodgings cannot be found, because the local authority thinks that fostering money cannot be used for supported lodging and that it cannot use staying close support. Real clarity that staying close support funding can be used for supported lodgings is important to make this option work.

[Catherine McKinnell]

I appreciate the hon. Lady’s interest in this matter. We will produce the statutory guidance to make all this absolutely clear.

Before I come to clause 7 stand part, I want to respond to an additional question from the hon. Member for Harborough, Oadby and Wigston that I did not answer earlier. He asked about digital options and, as someone standing here using an iPad, I recognise the importance of that, particularly for young people. The local authorities already work with a range of digital options to connect with their care leavers, and we would certainly expect that to continue, and expect good practice to continue being developed and to be set out in the statutory guidance.

Turning to clause stand part, clause 7 requires each local authority to consider whether the welfare of former relevant children up to the age of 25 requires staying close support. Where this support is identified as being required, the authority must provide staying close support of whatever kind the authority considers appropriate, having regard to the extent to which that person’s welfare requires it.

Staying close support is to be provided for the purpose of helping the young person to find and keep suitable accommodation and to access services relating to health and wellbeing, relationships, education and training, employment and participating in society. This support can take the form of the provision of advice, information and representation, and aims to help to build the confidence and skills that care leavers need to be able to live independently.

The new duties placed on local authorities by this clause will not operate in isolation. They will be part of the existing legislative framework, which sets out the duties that every local authority already owes to its former children in care aged 18 to 25. This clause enhances and expands the arrangements for those children by supporting them to find long-term stable accommodation and access to essential wraparound services. The new statutory guidance will set out what the new requirements mean for local authorities and will draw on established good practice—for example, the role of a trusted person to offer practical and emotional support to care leavers.

On that basis, I hope I can rely on the Committee’s support for clause 7.

Children's Wellbeing and Schools Bill (Second sitting)

Debate between Munira Wilson and Catherine McKinnell

Committee stage
Tuesday 21st January 2025 Public Bill Committees

[Catherine McKinnell]

Q You have already set out the impact that the Bill will have on Ofsted’s powers. I imagine that you spend a large proportion of your time worrying about the most vulnerable children in society. What do you think will be the impact of the Bill on those children who are most in need?

Sir Martyn Oliver: Our top priority is the most disadvantaged and vulnerable. The ability to look at illegal or unregistered settings, unregistered children’s homes and illegal schools is hugely important. When they are out of Ofsted’s line of sight, it causes us great concern. I think that this Bill or a future Bill could go further and look at unregistered alternative provision, because all children educated anywhere for the majority of their time should be in sight of the inspectorate or a regulator. I do think that we will see significant issues with addressing the most disadvantaged and vulnerable, especially in part 1, on children’s social care.

[Munira Wilson]

Q You talked about the additional powers that you are being given, and you mentioned AP as an area where you would like it to go further. Is there anywhere else where you would like it to go further? Importantly, do you feel that Ofsted has the capacity and capability to deliver on all this? When I talk to local government, I often hear that there are quite a lot of delays with Ofsted.

Sir Martyn Oliver: We think that there are grey areas where the legislation will help us get it right, but we do think that we can go further. For example, the feasibility and administrative costs of carrying out searches of illegal schools and the requirement of getting a warrant would be very burdensome for Ofsted, and we will need additional resource to manage that. It is massively important. We will always use those powers proportionately and with care. For example, in a commercial setting, the ability to have different powers that allow us to search without a warrant would be far more reasonable. Obviously, in a domestic setting, I would expect safeguarding measures to be in place and to require a warrant, because forcing an entry into somebody’s private home is entirely different from doing so in a commercial premises. There are resources there, but I am assured that my team, particularly my two policy colleagues here, have been working with the Department for quite some time on these asks. We have been building our measures and building that into our future spending review commitment as well.

Yvette Stanley: To build on what Martyn has just said, from a social care perspective we would like to go further on the standards for care. National minimum standards are not good enough; the standards should apply based on the vulnerability of and risk to children. A disabled child in a residential special school should not be getting a different level of support: the same safeguards should be in place whether they are in a children’s home or in a residential special school.

We would like to go further on corporate parenting. That is something to be addressed. We would also like to look at regional care co-operatives and regional adoption agencies. Those things tend to fall out of our purview as an inspectorate. There is a range of really detailed things, but to echo what Martyn says, we are working actively with our DFE policy colleagues to give our very best advice through the Bill process to strengthen these things wherever possible.

--- Later in debate ---

[Catherine McKinnell]

Q Thank you for being here today. What is your assessment generally of the impact of the Bill on faith schools?

Nigel Genders: The Church of England’s part of the sector is very broad in that of the 4,700 schools that we provide, the vast majority of our secondary schools are already academies, and less than half of our primary schools, which are by far the biggest part of that number, are academies. We would like to see the system develop in a way that, as is described in the Bill, brings consistency across the piece. In terms of the impact on our schools, my particular worry will be with the small rural primary schools. Sorry to go on about statistics, but of the small rural primary schools in the country—that is schools with less than 210 children—the Church of England provides 65%.

The flexibilities that schools gain by joining a multi-academy trust, enabling them to deploy staff effectively across a whole group of schools and to collaborate and work together, is something that we really value. What we would not like to see is a watering down of the opportunities for that kind of collaboration. We set out our vision for education in a document called “Our Hope for a Flourishing School System”. Our vision is of widespread collaboration between trusts, and between trusts and academies. The diocesan family of schools is one where that collaboration really happens.

We want to ensure that this attempt to level the playing field in terms of the freedoms available to everyone is a levelling-up rather than a levelling down. I know that the Secretary of State commented on this in the Select Committee last week. I also know that the notes and comments around this Bill talk about those freedoms being available to everybody, but, for me, the Bill does not reflect that. It is not on the face of the Bill that this is about levelling-up. In terms of risk to our sector, I would like to see some reassurance that this is about bringing those freedoms and flexibility for innovation to the whole of our sector because we are equally spread across academies and maintained schools.

Paul Barber: Equally, we have a large foot in both camps. Slightly different in shape, we are involved in all sectors of the school system but the vast majority of our schools are either maintained schools or academies. Currently academies make up just over half. Because our academy programmes are led by dioceses in a strategic way, we buck the national trend in that the number of our primary schools, secondary schools, and academies is almost identical. I agree with what Nigel said. This is a jigsaw of many parts. What we need is an overall narrative into which these reforms fit. It was good yesterday to be able to sign the “Improving Education Together partnership”, to collaborate with the Government in a closer way to create that narrative.

[Munira Wilson]

Q I want to pick up on the faith cap issue that the hon. Member for Harborough, Oadby and Wigston raised. The 50% faith cap for all new free schools was a policy put in place by the coalition Government. There are concerns that the provisions in this Bill to allow other providers to open new schools would mean that the faith cap does not apply to them. Nigel, I know you are on the record as saying that Church of England schools should be inclusive and serve the whole local community. What do you think will be the impact of losing that faith cap, and should we be putting in an amendment to ensure that the cap is in place for all new schools?

Nigel Genders: I have a couple of things to say on that, if I may. I think where this Bill makes a statement in terms of legislative change is in the ability for any new school not to have to be a free school. That opens up the possibility of voluntary-aided and voluntary-controlled schools as well as community schools and free schools. In each of those cases, you are right, our priority is serving that local community. It is an irony that there is a part of the Bill about new schools when, actually, most of the pressure is from surplus places rather than looking for more places. In particular areas of the country where there is rapid population and housing growth, or in areas of disadvantage and need, we would be really keen to have every option to open a school. I am concerned to ensure that local authorities are given the capacity to manage that process effectively, if they are the arbiters of that competition process in the future.

For us, opening a new school, which we do quite regularly as we are passionate about involvement in the education system, is done with the commitment to provide places for the locality. Where schools can make a case for a different model, and in other faith communities as well, which I am sure Paul will go on to say, is for them to do. Our position is that a Church school is for the whole community and we will seek to deliver that under the 50% cap.

Paul Barber: As I understand the Bill, it removes the academy presumption, so if a local authority runs a competition, there has to be a preference for academies. The provision for providers to propose new schools independently of that has always existed, currently exists and is not being changed, as I understand it, in this legislation as drafted.

In terms of the provision of new schools, we are in a slightly different position because we are the largest minority community providing schools primarily for that community but welcoming others. Our schools are in fact the most diverse in the country. Ethnically, linguistically, socioeconomically and culturally, they are more diverse than any other type of school. We provide new schools where there is a need for that school—where there is a parental wish for a Catholic education. We are very proud of the fact that that demand now comes from not just the Catholic community, but a much wider range of parents who want what we offer. We would not propose a new school, and we have a decades-long track record of working with local authorities to work out the need for additional places.

Admissions is one half of a complex thing; the other is provision of places. Our dioceses work very closely with local authorities to determine what kind of places are needed. That might mean expansion or contraction of existing schools. Sometimes, it might mean a new school. If it means a new school, we will propose a new Catholic school only where there are sufficient parents wanting that education to need a new Catholic school. The last one we opened was in East Anglia in 2022. It was greatly appreciated by the local community, which was clamouring for that school to be opened. That is our position on the provision of new schools. We will try to provide new schools whenever parents want the education that we are offering.

--- Later in debate ---

[Catherine McKinnell]

Q This question is probably more for you, Leora, but if other people have comments, they are perfectly welcome. I understand that many small trusts are free to follow the school teacher pay and conditions document without variation. Does that indicate that the current pay and conditions framework is working for those trusts?

Leora Cruddas: Thank you for that important question. Our position as the Confederation of School Trusts is that we must not just think about the practice as it is now, but consider what we want to achieve in the future. The freedom, flexibility and agility that Rebecca talked about is important if we are to ensure that leaders have the flexibility to do what is right in their context to raise standards for children. It is also important in terms of creating a modern workforce. We know that we have a recruitment and retention crisis. We know that there is a growing gap between teacher pay and graduate pay, and that the conditions for teaching are perhaps less flexible in some ways than in other public sector and private sector roles. So it is incumbent upon us to think about how attractive teaching is as a profession and think in really creative ways about how we can ensure that teaching is an attractive, flexible, brilliant profession, where we bring to it our moral purpose, but also create the conditions that the workforce of the future would find desirable and attractive.

[Munira Wilson]

Q May I start with you, Leora? I want to ask the same question that I asked the academy leaders who came before you. As a membership organisation representing academy trusts, were you consulted on the provisions in the Bill relating to academies, either formally or informally?

Leora Cruddas: The conversations that we would be having with any Government prior to a policy being announced or a Bill being laid are typically quite confidential. There is also something about what you mean by the term “consultation”. We did have conversations with the Government, and those conversations were constructive and remained constructive. I would say that CST is committed to continuing to work with the Government to get the Bill to the right place.

Children's Wellbeing and Schools Bill (First sitting)

Debate between Munira Wilson and Catherine McKinnell

Committee stage
Tuesday 21st January 2025 Public Bill Committees

[Catherine McKinnell]

Q Great. From your experience, do you think it is important that a school’s individual circumstances are taken into account when you are determining the best and appropriate action to drive school improvement where a school may be under--performing, such as whether it is a maintained school? Do you consider that conversion to an academy by default might not always be in the best interests of every school and the children within it?

Paul Whiteman: It is important to preface my answer by saying that the success of academies can be seen, and the improvement is very real, but it is not always the only way to improve schools. We have held that belief for a very long time. With the extent to which we rely on data to support one argument or the other—of course, it has been the only option for so very long, and the data is self-serving in that respect.

Academisation is not always a silver bullet, and does not always work according to the locality, status or circumstances of the school. We absolutely think that different options are available. The introduction of the Regional Improvement for Standards and Excellence teams to offer different support and different ways of support is to be welcomed to see if that is better. Academisation has not always been a silver bullet, but it is really important to preface by saying that that is not an attack on the academy system—there are very good academies and there are excellent local authority maintained schools as well, and we should make sure that we pick the right option for the schooling difficulty.

Julie McCulloch: I would start in the same place. It is important to recognise the extent to which the expertise and capacity to improve schools does now sit within multi-academy trusts—not exclusively, but that is where a lot of that capacity sits at the moment. It is important to make sure that we do not do anything that undermines that, but our long-standing position is that accountability measures should not lead to automatic consequences, and that there does need to be a nuanced conversation on a case-by-case basis about the best way to help a struggling school to improve, which we welcome. There are some challenges. I think some members have raised some questions about whether that slows down a process to the detriment of the children and young people in those schools who most need support; clearly that would not be a good place to find ourselves. However, in principle that sort of nuance is welcome.

Paul Whiteman: It is worth adding that we do have examples of schools that are in difficult circumstances where an academy chain cannot be found to accept them, because the challenge is too difficult for an academy to really want to get hold of them.

[Munira Wilson]

Q Leaving aside the register, looking at the schools part of the Bill—and knowing the challenges your members up and down the country face—do you think it has the right priorities in terms of the issues we need to be tackling across schools and colleges?

Julie McCulloch: I think it has some important priorities, and the ones you highlighted are first among them—the register, for example. There are certainly other issues that our members would raise with us as being burning platforms at the moment. SEND is absolutely top of that list, with recruitment and retention close behind, and probably accountability third. Those are the three issues that our members raise as the biggest challenges. There are some really important measures in the Bill that talk to some of those concerns. Certainly, there are some things in the Bill that might help with recruitment and retention. But it is fair to reflect the fact that our members are keen to quickly see more work around some of those burning platforms.

Oral Answers to Questions

Debate between Munira Wilson and Catherine McKinnell

Monday 9th December 2024 Commons Chamber

[Munira Wilson (Twickenham) (LD)]

Last week’s announcement of capital funding to ensure that mainstream schools are more inclusive for children with special needs is, of course, welcome, but the Minister will know that, for many children with additional needs, even the most inclusive mainstream schools simply are not appropriate. With two in three special schools at or over capacity, can she provide a timeline for when the 67 planned special free schools will be delivered? Will she commit to looking favourably on local authority applications for such schools?

[Catherine McKinnell]

I thank the hon. Lady for her recognition of the additional funding. We expect the funding to create thousands of new places, particularly in mainstream schools but also in special schools and other specialist settings. We will confirm the allocations for individual local authorities in the spring, as they know best how to invest in their local area. We are keeping the free schools programme under review and will provide that confirmation in due course.

Special Educational Needs and Disabilities

Debate between Munira Wilson and Catherine McKinnell

Thursday 24th October 2024 Commons Chamber

[Munira Wilson (Twickenham) (LD)]

(Urgent Question): To ask the Secretary of State for Education if she will make a statement on support for children and young people with special educational needs and disabilities.

[The Minister for School Standards (Catherine McKinnell)]

Every child deserves the opportunity to achieve and thrive, but at the moment far from every child is being given that chance. Today’s report from the National Audit Office is, sadly, bang on the money: the system has totally lost the confidence of families. Families and children with special educational needs are being failed, on every measure, and even shadow Ministers have admitted that they should hang their heads in shame at the failure to support them.

Our promise to families is that we are absolutely committed to regaining parents’ confidence in the special educational needs and disabilities system, but that will be a huge and complex reform. There is no magic wand and no quick fix, so we continue to ask for patience as we work as quickly as we can to make the changes that I know families are crying out for.

There is light at the end of the tunnel. Today we have published independently commissioned insight that suggests that if the system were extensively improved through early intervention and better resourcing in mainstream schools, the needs of tens of thousands more children and young people could be met without an education, health and care plan, and in a mainstream setting rather than a specialist placement. That can pave the way for a sustainable system in which schools cater for all children, and special schools cater only for those with the most complex needs.

Our plans include strengthening accountability for mainstream settings to be inclusive, for instance through Ofsted, and helping the mainstream workforce to have SEND expertise. It is clear that we need to work with the teachers, parents, children, therapists and councils who, for so long, have been trying but have been set up to fail by a broken system. This work forms part of the Government’s opportunity mission, which will break the unfair link between background and opportunity and will start by giving every child, including children with special educational needs and disabilities, the best start in life.

[Munira Wilson]

Thank you, Mr Speaker, for granting this urgent question.

Today’s National Audit Office report confirms what parents, carers, children and young people across the country have been telling us for years: that our system to support those with special educational needs and disabilities is in crisis and on the brink. The last Conservative Government’s abject failure to tackle the systemic problems facing SEND provision has been laid bare for all to see. With half of children waiting longer than the statutory 20 weeks for an education, health and care plan, with outcomes not improving, with special schools over capacity and, damningly, with the Department for Education not knowing how much capacity is required to meet future need, we are failing our most vulnerable children. Shockingly, 43% of councils are at risk of bankruptcy, given the deficits that they are racking up in their high- needs budget.

This is a nationwide issue. Colleagues on both sides of the House have, like me, been inundated with casework from concerned and often desperate parents who just want to know that their children will receive the support they need without waiting for months or years. The report makes clear the urgent need for whole-system reform, with joined-up thinking across local and national Government, the NHS and schools.

Will the Minister please give us a clear timeline for the full reform called for by the NAO? Will she consider Liberal Democrat proposals for a new national body for SEND to support children with the most complex needs to tackle the postcode lottery? What steps is she taking to incentivise early intervention, including training specialists for assessments and reducing the contributions that schools have to make before they can apply for an EHCP? What is she doing to speed up the building of state special schools, given that local authorities are spending a staggering £2 billion on independent special schools? Is she pressing the Chancellor for an urgent cash injection in next week’s Budget so that we can start cleaning up this mess?

[Catherine McKinnell]

I thank the hon. Lady for raising the issue and bringing it to the House. She is absolutely right to draw attention to the National Audit Office report and its damning indictment of a system that has lost the confidence of families and is failing children with special educational needs and disabilities. She rightly calls for the system to be reformed. That is what this Government are absolutely focused on and determined to do.

One of the first differences that we made on coming into office was moving the special educational needs and disabilities remit within the schools sector. Our vision is one of mainstream inclusive education for all children who would benefit from it, while having specialist schools where we know that children with the most complex needs can have those needs met. That is not being delivered, and for far too many families it is not the reality. It is a reality that we urgently need to see, not only to address the local authority deficits to which the hon. Lady rightly refers, but to create better outcomes for children.

At the moment, the system costs the Treasury a significant amount. The hon. Lady tempts me into anticipating next week’s Budget statement or making announcements ahead of it, which she knows I cannot, but she is right to identify that the system costs an increasing amount but is not delivering the outcomes that children deserve and families want.

We are absolutely determined to reform the system. We are working at pace. All the changes that we have made since coming into office are to that end. We have launched the curriculum and assessment review, which will support a broad and inclusive education for all children. We have made changes to Ofsted; those changes are continuing at pace to ensure that the system takes into account the whole school life and journey. That includes creating an inclusive environment for children with special educational needs.

Most of all, we are determined to restore parents’ trust that, in our education system, if their child has special educational needs they will be identified early— we know that early identification is key—and supported. We are continuing to support early language and speech intervention and to prioritise the roll-out of special educational needs training for the early years workforce to ensure that children’s needs can be identified at the earliest point. We are expanding our childcare system to ensure that more children can get into settings as early as possible, so any needs can be identified and so we can rebuild the public’s trust that every child in our state sector will get the opportunity of a fantastic education, regardless of any additional special educational needs or disabilities.

Oral Answers to Questions

Debate between Munira Wilson and Catherine McKinnell

Monday 9th September 2024 Commons Chamber

[Catherine McKinnell]

We accepted the School Teachers Review Body’s recommendation of a 5.5% award for teachers and leaders in maintained schools in England from September. It is a substantial award that recognises the hard work of those in our teaching profession. We recognise the challenges in the FE sector also and the issues that the hon. Lady outlines. We will continue to keep the matter under review, because we want to ensure that every child has the best opportunities, whether that is in our school system or in our FE sector.

[Munira Wilson (Twickenham) (LD)]

The new Government’s focus on the serious recruitment and retention crisis is welcome. However, as we have heard, the recent pay announcement overlooked teachers who work in colleges, who already face a pay gap of more than £9,000. We have twice the proportion of students from disadvantaged backgrounds in our colleges as in school sixth forms, so the recruitment issue is even more pressing in our colleges. Why is it that teachers of 16-year-olds in schools deserve a pay rise, but teachers of 16-year-olds in colleges do not?

[Catherine McKinnell]

We recognise the challenges that the hon. Lady sets out. We are facing an incredibly challenging fiscal position. From the previous Government, we inherited a £22 billion black hole to make up. This is about the opportunities of young people in this country, and we take the issues that she outlines incredibly seriously. We will continue to do what we can within the fiscal envelope that we have, and within the system that we have inherited. That is why we honoured the recommendations of the STRB review, and we will continue to do what we can in FE.

Ofsted

Debate between Munira Wilson and Catherine McKinnell

Tuesday 3rd September 2024 Commons Chamber

[Munira Wilson (Twickenham) (LD)]

The death of Ruth Perry was a tragedy and underscored the high-stakes nature of Ofsted inspections. I have witnessed at first hand how headteachers and teachers in my constituency have suffered under the strain and stress of Ofsted inspections, but others have also told me how helpful they have found them and how brilliant Ofsted inspectors have been. We Liberal Democrats certainly welcome the move away from one-word judgments, which we have long been calling for. At the same time, we believe that a robust and fair inspection and accountability regime is essential to ensure that schools are operating at a high standard and are safe, nurturing and inclusive environments in which our children and young people can thrive.

Although the change is a welcome first step, could we have some reassurances that it will be followed by proper root-and-branch reform? For too long, Ofsted has been seen as an adversary, but it should be seen as a helpful friend. Can we see the announcement as a first step towards a world where Ofsted is a helpful, respected partner for schools? Perhaps the regional improvement teams will provide that—I sense that local authorities used to do so before they had that function taken away from them. Finally, Ofsted should be looking at a broad, varied and rich curriculum. How will the Minister’s curriculum review connect with the Ofsted changes?

[Catherine McKinnell]

I thank the hon. Lady for welcoming today’s changes, which are welcomed by many people in the sector and across the country, who rely on a strong inspection system that is fair, clear and transparent. I echo her comments about the death of Ruth Perry, which was a tragedy. I take this opportunity to pay tribute to her sister Julia, who has fought so hard over the past year to ensure that lessons are learned.

We know that Ofsted has reported on its Big Listen today, and copies will be available in the House of Commons Library. It is a very large report. Ofsted has undertaken a huge exercise, which shows that it is listening. It will take time to see the changes implemented, but Ofsted is determined to change and, as the hon. Lady says, we are determined to work in partnership with it to deliver the changes required. That applies across the board in our education sector, where we want to work in partnership with schools and those who are delivering the excellent education that we want to see for every child.

The hon. Lady mentioned the curriculum review. I may get in trouble for the length of response that her question requires, but the curriculum review is a key part of reforming our education system and ensuring that it gives a breadth and depth of experience to young people, their teachers and their schools.