Friday 19th July 2024

(5 months ago)

Lords Chamber
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Baroness Berridge Portrait Baroness Berridge (Con)
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My Lords, before I offer congratulations, I am sure that I speak for all noble Lords in wishing Lady Knight a swift recovery from her treatment.

I wish to congratulate the noble Baronesses on their appointments to their ministerial roles and to recognise the amazing contribution of my noble friend Lady Barran —if you are going to get reshuffled, you should get reshuffled to a friend who does a wonderful job.

I am pleased to note that the noble Baroness, Lady Merron, has within her specific responsibilities mental health reform. As a member of the Joint Committee on the Draft Mental Health Bill in the last Parliament, I was pleased to see the Bill in the King’s Speech.

In 1983, the Act was probably envisaged to apply only to children within the criminal justice system, but it is needed more and more to detain children to treat them for mental health illnesses. Many families with children with eating disorders, mainly girls, are actually desperate to have them detained—it is a lifesaver. In 2022-23, according to NHS Digital, there were 997 detentions of children and young people.

As the report of the Joint Committee advised, it is vital that the interplay between any reformed mental health legislation and parental responsibility under the Children Act is fully understood. While I had the pleasure of working with excellent officials at the DfE, it seemed that the implications for the Children Act of immigration changes and mental health reform had not been grasped. I am not sure that we got to the bottom of who had parental responsibility for young people accommodated by the Home Office.

In addition to a report, being on a committee gives you a sense of the relative strengths and weaknesses of civil society groups regarding the issues before you. This reform was instituted by the former Prime Minister, the right honourable Theresa May, because of racial disproportionality in the use of the Mental Health Act. The bold recommendation of the committee to abolish community treatment orders—the right reverend Prelate related the statistics on those—hardly registered. I know that the noble Baroness is an experienced Minister, but I would be grateful if she would not only meet with the members of the Joint Committee but ensure that those whose resources do not match the wonderful work of the National Autistic Society are also heard. Realising who is not in the room is as important as those who are before you.

I also note the return of the register of children not in school. I hope that the doughty campaigner on this issue, the noble Lord, Lord Soley, who retired from your Lordships’ House last year, has seen this. I wonder whether it will be successful even with a thumping majority in the other place, as it has been a Private Member’s Bill in the Commons, a Private Member’s Bill more than once in your Lordships’ House and government legislation—but I do wish it well. With many parents of children with special educational needs and disabilities resorting to home education not out of choice, a light-touch approach to the requirements for such families will be essential. I hope that the Bill will mean there is a standard offering of tutoring hours, regardless of your postcode in England, to children who have fallen outside mainstream schooling—hopefully only for a period of time—due to their special educational needs and disabilities not being accommodated in the mainstream system.

I conclude—on time, according to the noble Lord, Lord Kennedy—with the excellent work that Ofsted does in ensuring that children are educated or accommodated in places such as children’s homes with proper safeguarding processes and cultures in place. The enormous number of institutions that Ofsted inspects for safeguarding purposes means that it is the expert. Yes, I am saying an unfashionable thing. Inappropriate people seeking to gain access to children is not historic. Evil is wily and hard to spot. People do not come to an interview in a Halloween costume. More than 80,000 adults are currently on the DBS barred from working with children list. While the unions, quite properly, in their role represent teachers, Ofsted is there for parents and children.

Last week saw a report issued—seven years late—by the Charity Commission into a prestigious public school, Ampleforth. Despite the Charity Commission taking over safeguarding functions, despite a lengthy report by the child sex abuse inquiry into the school, and despite numerous ISI inspections, they now have a safe school where the board of governors is acting appropriately. Ofsted inspectors’ safeguarding expertise, sent in on a no-notice basis by former Secretary of State for Education Gavin Williamson, means that it is now a safe school—I recognise that this is another unfashionable commendation.

I am not immune to Ofsted’s problems since the sad death of head teacher Ruth Perry and the training that has needed to take place, but we need to ensure that the professional accountability of Ofsted remains rigorous with regard to safeguarding. I am grateful to the noble Baroness, Lady Smith, for her positive tone in relation to the expansion of its powers. I have no vested interest, save that when I was a Minister, knowing that we had in our pocket the ability to inspect a school at no notice was vital to keeping our children safe in school.