Children and Families Bill

Barbara Keeley Excerpts

Monday 25th February 2013 Commons Chamber

[Mr Timpson]

I am grateful to my hon. Friend, and I know from having paid a visit to his all-party group on young disabled people that many of that group of people are wrestling with the issue. Through the local offer and the joint commissioning of services, there will be much more transparency about what services are available for all children with special educational needs and disability, which will put them in a stronger position to hold the providers of those services to account. I am sure he will examine that as we take the Bill through Committee.

Education, health and care plans will have a new and important focus on outcomes, including employment and independent living, and they will be clear about the support to be provided to enable the child or young person to achieve those personal goals.

There is an unhelpful divide between school and college in the current system for young people over 16. They keep their statement and the legal protections that it brings if they stay in school, but they lose it if they go to college. The Bill will change that. SEN statements and learning difficulty assessments will be replaced with the new EHC plans, which will be for children and young people from birth to age 25. For the first time, young people with special educational needs will be able to enter further education and training with the same rights and protections as pupils in school, including rights to appeal to the tribunal.

I have already spoken about how we plan to give children, young people and families a much greater say in shaping local policies. We will also give those with an education, health and care plan much more say in how their support is provided and where they are educated. Parents and young people will have the option of a personal budget, enabling them to be much more involved in deciding how support is provided. They will not have to take up that option, but their entitlement to it, combined with the new approach to assessment and the EHC plans, will mean that agencies will be clear about the level of support that a child or young person should be getting and why.

[Barbara Keeley (Worsley and Eccles South) (Lab)]

I want to express my profound disappointment that the Government have not taken the opportunity provided by the Bill to strengthen the rights of young carers. The offer and the assessment that the Minister has talked about are very welcome, but the same needs exist among young carers, who are the most hidden group of carers in our society. Does he recognise their need to be identified and assessed, the support that they need to ensure that their education does not suffer from their caring work load and the need to ensure that they are referred for support? The other things that he is talking about are wonderful, but why were young carers left out?

[Mr Timpson]

Although the hon. Lady has raised an issue that is not covered in the Bill, it is an important one that I have discussed with some of the groups that champion the cause of young carers. Of course, I will continue to listen to the arguments that they make during the passage of the Bill.

The Bill sets out plans to encourage the use of local services for settling disputes and independent mediation. That is intended to reduce the need for parents to feel that a time-consuming and stressful appeal to the tribunal is the only way forward. We are confident that the measures in the Bill will improve the lives of children and young people with special educational needs and their families. By promoting closer working between agencies, the Bill will improve local practice and benefit other groups, including those who are disabled but do not have special educational needs.

The early years and child care system is in need of reform and we must increase choice and availability, improve quality, and continue to remove any unnecessary bureaucracy that may inhibit innovation. In “More great childcare”, the Under-Secretary of State for Education, my hon. Friend the Member for South West Norfolk (Elizabeth Truss), set out plans to encourage all providers to learn from effective best practice, including from other countries. Many of the reforms set out in that report, however, are not matters for this Bill.

This Bill takes forward important provisions to improve the flexibility with which quality child care can be provided, including childminder agencies that are expected to help more childminders enter the market and offer greater support and quality assurance. Child care providers will be able to request a paid-for re-inspection by Ofsted at an earlier date than that allowed by the current three to four-year inspection cycle, so that improvements can be recognised. We are also removing the bureaucratic requirement on local authorities to carry out a rigidly defined assessment of child care sufficiency every three years, as well as the requirement on governing bodies to consult every time they want access to services such as “wrap around” child care. Evidence is clear that high-quality early education plays a vital role in a child’s development, preparing them for school and later life, and provisions in the Bill recognise that attending a high-quality early years setting improves children’s academic and social development.

In 2010 John Dunford conducted his independent review of the Children’s Commissioner. His report stated that children were more vulnerable to having their rights breached than adults, and that they had fewer opportunities to influence political decisions or make their views heard. He concluded that the role of Children’s Commissioner is necessary, but that current legislation has prevented it from having enough impact. The Government agree, which is why the Bill will give the Children’s Commissioner a powerful voice to stand up for the rights and interests of all children, particularly those who are vulnerable.

Under measures of which my colleague the Under-Secretary of State for Business, Innovation and Skills, the hon. Member for East Dunbartonshire (Jo Swinson) is justly proud, the Bill will modernise the leave system following the birth or adoption of a child. Research suggests that a father’s attendance at ultrasound scans increases his commitment to the pregnancy and helps early bonding. We know, however, that a third of fathers do not take time off to attend antenatal appointments, so we are creating a new right to unpaid time off for dads, partners and intended parents in surrogacy arrangements to attend up to two antenatal appointments. Adopters will have the right to time off to attend certain pre-adoption meetings.

The Bill will allow working couples to share the leave and pay remaining when a woman ends her maternity leave or a person their adoption leave early. That radical new system will enable working couples to take leave together and better manage their caring responsibilities and work commitments. We are also making significant changes to the policy on leave and pay for adopters. We think that the shared parental leave and pay package amounts to a substantial step forward in the flexibility available to families to look after their children and balance competing demands at work and at home.

The final section of the Bill—you will be pleased to hear that, Mr Deputy Speaker—supports family life by providing a right for all to request flexible working. Currently, the right to request flexible working is available to parents and carers and enables them to request changes to the way they work to accommodate their caring needs. Four out of five requests for flexible working arrangements are acceded to. The Bill will extend the right to request flexible working to all employees so that parents can be supported in their caring responsibilities by people in the wider family such as grandparents who will also be able to request flexible working.

There is no denying that this is a large Bill with a wide and varied scope. Shining through it all, however, is the coalition Government’s commitment to equality and increasing opportunity, and to ensuring that the most disadvantaged children reach their potential and that fathers and mothers work together to achieve the best for their children. Every measure in the Bill is driven by one simple objective: our determination to improve the outcomes for all children and families in our society, whatever their start in life and whoever they may be. Despite unprecedented pre-legislative scrutiny and public consultation, the Bill still has some way to go before finding its way into statute. Therefore, in the spirit of constructive dialogue that has to date been a strong feature of the Bill, I look forward to hearing people’s views during today’s debate and as the Bill progresses, and I commend it to the House.

--- Later in debate ---

[Stephen Twigg]

Absolutely, and I shall briefly address the issue of young carers later in my speech. I pay tribute to that organisation in my hon. Friend’s constituency. We know that voluntary sector organisations of that kind up and down the country do a fantastic job, often with very limited resources, and that they have often borne the brunt of the recent cuts in local government spending.

I welcome the introduction in statute of virtual school heads, whereby a duty is placed on local authorities to promote the educational achievement of the children in their care through a designated virtual head teacher. I also welcome the Bill’s emphasis on reducing unnecessary delays in adoptions, but I have concerns about removing completely any statutory requirement for consideration to be given to ethnicity in determining the placement of a child. We support the Government’s attempt to address this issue; we should indeed reduce the prominence given to ethnicity, but we must not move to the other extreme where it could be ignored entirely, which is the risk in the Bill, as drafted. We do believe that ethnicity should remain a consideration, and it is important that adoption agencies are clear about that. The weight of evidence points to delays being primarily caused by the age and health of a child. Last year Ofsted reported that

“there was little evidence of delay caused by an unrealistic search for a ‘perfect’ ethnic match.”

We share the view of the House of Lords Select Committee on Adoption Legislation that the requirement for due consideration on ethnicity should be on the statutory welfare checklist that the courts and adoption agencies must consider.

It is important for us to recognise other forms of permanency, alongside adoption—other options that may be in a child’s best interests. We should also be discussing reforms to strengthen support for foster carers, kinship carers and special guardians. As my hon. Friend the Member for Worsley and Eccles South (Barbara Keeley) has said—my hon. Friend the Member for Stockton North (Alex Cunningham) reinforced the point—the Bill contains no provisions to strengthen the rights of young carers.

[Barbara Keeley]

That is a very important point. I have served on the pre-legislative scrutiny Committee for the draft Care and Support Bill. A promise was given that strengthening the rights of young carers would be covered in that Bill and this one. We had a battle to strengthen those rights in the pre-legislative Committee and no provision is made in this Bill to strengthen them. Young carers and their organisations are feeling really let down and it is important that we send the right message to them today.

[Stephen Twigg]

I thank my hon. Friend for her intervention. She anticipates my next point, as I was about to say exactly what she just said. Research by the BBC estimates that there are up to 700,000 young carers in this country, and we believe the Government should use the opportunity of this Bill to improve the identification, assessment and support given to young carers. As she reminded the House, the draft Care and Support Bill will give greater rights to adult carers, but support for young carers surely could and should be clarified and strengthened at the same time.

Ministers plan to write a presumption of “parental involvement” into the Children Act 1989. Labour strongly supports the principle that both parents should be involved in a child’s life, unless that compromises the child’s safety or welfare. However, we believe it is wrong to dilute the principle that the child’s best interests should always come first. Both the Select Committee on Education and David Norgrove have expressed significant concerns about the proposal.

The Select Committee on Justice, whose Chairman is in his place, has expressed a number of concerns, and I shall set them out. The first is that the Bill would not achieve its objectives in regard to shared parenting and that there is no evidence of a bias in the courts currently. The second is that the Bill could have a negative impact on the paramountcy principle, which states that when a court determines any question with respect to the upbringing of a child, the child’s welfare shall be paramount. The third is that the Bill will lead to misunderstandings about the right to particular amounts of time for parental contact because of the use of the word “involvement” without any definition and because of the use of presumption. A similar measure in Australia created an expectation that shared parenting meant equal time and led to courts becoming more clogged up as parents challenged decisions made on the basis of a child’s best interests, thus turning relatively straightforward decisions into lengthy conflicts.