Children and Families Bill
Baroness Butler-Sloss Excerpts(11 years, 1 month ago)
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Baroness Butler-Sloss
“( ) In subsection (4)(d) (matters to which court or adoption agency must have regard), after “the child’s age, sex, background” insert “, religious persuasion, racial origin and cultural and linguistic background”.”
Baroness Butler-Sloss (CB)
My Lords, I have a considerable number of interests that I need to declare, not all of which I have to say I can remember. I am a governor of Coram, a patron of BAAF and of PAC, a patron—I think—of TACT and a patron of the Grandparents’ Association. I am very involved with Barnardo’s, the NSPCC and probably many others. I was also chairman of the pre-legislative and post-legislative scrutiny committees.
I strongly support the Government on the Bill, which in principle is an excellent one. There are, however, as one would always imagine, certain points that need both elucidation and change. Perhaps I may also add how delighted I am with the extra resources that have now been offered by the Government toward the adoption process and post-adoption support. There is an area about which I wish to speak in this debate and that is Clause 2 of the Bill, where it is intended to repeal Section 1(5) of the Adoption and Children Act 2002.
The opinion of the adoption committee that I chaired was that it was right to start with the removal of the words from subsection (5). This is an issue of ethnicity—an issue of race, culture, religion and language. In Clause 2, the Government are removing it entirely from the 2002 Act. That is a step too far. In paragraphs 57 to 83 of the adoption report, we said—putting it shortly—that we agreed that the Government were right to take it out as a separate subsection of the 2002 Act. It was given too great prominence. The evidence that we received as a committee was to the effect that there was a time when social workers elevated subsection (5) to inappropriate heights and therefore they were trying to match in colour in particular where it was not appropriate and moving children from very good families who were not of the same colour, race or background. However, we also had evidence, both from social workers and from the adoption agencies, that that problem had largely receded; it had been far less obvious in recent times and there was a counterdanger that, if it were taken out altogether, the social workers who cared too much about it when it was in would care equally when it was out. They would say, “Now that it’s not in, we have to disregard it. We must not consider race, ethnicity, language, religion or culture”. That is an equally important danger. We had evidence from the social workers and the agencies that there are social workers and other people out there who might take that view. It is a danger and one that must not be disregarded.
We also had informal evidence from children; we had a group of children who had been adopted and a group of children who were looked after who came to talk to me and one or two other Peers at the request of the then Children’s Rights Director. They were extremely interesting groups of children, ranging in age from about seven or eight to about 19. The young ones were very vocal, and at least two of them said to us that the question of ethnicity was extremely important to them, and they were worried about being placed—or the possibility of being placed—with someone who would not understand their background. To me, this was very powerful evidence from the horse’s mouth. I am very concerned about the Government keeping this clause in the Bill, when in fact we made it very clear in our report how concerned we, as a committee, were. Our proposal was that it should not be set out on its own, where it has too important an effect, but in among other matters that have to be considered under Section 1(4) of the 2002 Act.
If my amendment were accepted, Section 1(4)(d) of the Act would require the court or agency to have regard to, “the child’s age, sex, background, religious persuasion, racial origin and cultural and linguistic background and any of the child’s characteristics which the court or agency considers relevant”. It is neatly packaged into a number of other matters.
As I understand it, the Government are saying that “characteristics” includes that. It does in a sense but, unless you highlight the relevant points somewhere, there is a great danger that they will be overlooked. If you look at subsection (4) it is interesting to see the various points that are spelt out because a great many of them could be covered by one word or sentence, but the legislators of the day thought it necessary to explain some of them. I urge the Government to think very carefully about including, neatly packaged in subsection (4)(d), those words as part and parcel of a larger package of what the social workers should be looking at. I beg to move.
Baroness Jones of Whitchurch (Lab)
My Lords, our Amendment 12 is on the same issue and a similar wording to that moved so eloquently by the noble and learned Baroness, Lady Butler-Sloss. We very much support the argument that she put forward and the care with which the adoption Select Committee considered this matter and other issues.
As the noble and learned Baroness pointed out, under the Children Act 2002, the court and adoption agencies must under current legislation give due regard to a child’s religious persuasion, racial origin, culture and linguistic background when making decisions. The Bill removes that wording, but we continue to consider that these are important factors.
No one wants children to be disadvantaged by delays caused by the search for a perfect match, but the evidence of the adoption committee was that while there had been pockets of poor practice in the past, this is not a widespread problem. Indeed, it heard evidence from organisations such as Barnardo’s, which believed that the current legislation was adequate, and Coram, which also argued that, while there might have been a problem in the past, the situation was improving rapidly. The committee also identified that there were several other factors affecting the placement of black and minority ethnic children, including having fewer prospective adopters, the age of the children being put up for adoption and a failure of social workers to promote their availability. We are concerned that too much of the legislation being put forward on this issue is being based on anecdote and there is in fact a paucity of evidence that the wording in the legislation is the cause of black and minority ethnic children waiting longer for placements.
The general view was that the current legislative wording was not a problem per se. We therefore think that the Government have swung too far in the opposite direction by seeking to remove any reference to ethnicity, religion and culture. That is why we believe that putting these factors in the welfare checklist, along with other considerations, strikes the right and proportionate balance in addressing the issue. It would require agencies to have regard to these factors, but they would not be paramount.
In addition, any change in this area would be in direct contradiction to the UN Convention on the Rights of the Child and, in particular, Article 20 which states:
“Children who cannot be looked after by their own family have a right to special care and must be looked after properly, by people who respect their ethnic group, religion, culture and language”.
We agree with this principle. It is important that parents understand the identity of their child and that they are able to help them feel at ease with that identity. We cannot be blind or neutral to these considerations. I very much take the point that was made in the earlier debates. We sometimes think that we are talking about babies, but we are not. We could be talking about young people—anything up to adolescents—who have a view about these things. That point was made very eloquently by the noble and learned Baroness in her introduction. They have an identity and they want that to be considered and expressed. There may have been overzealous social workers in the past, but there may also have been adoptions that failed because the complexities of a child’s identity were not properly addressed. It is important to get a balance.
The Government have argued that these issues are taken into account in the general welfare provisions in Clause 2, but in fact Clause 2 does not achieve that. It removes the express duty to give consideration to these factors, but we are concerned, in the same way as the noble and learned Baroness expressed, that withdrawing them completely will send a clear message to those involved in adoption that these factors are no longer to be considered.
In his response to the Select Committee on adoption report, the Children’s Minister argued that specifying ethnicity, language and so on would continue to place excessive emphasis on these factors and would therefore distort the way that they were applied. To be fair to the Minister, when we met him the other day he made a similar point. He said that in order to counterbalance the excessive emphasis, we had to go to the opposite extreme to ram the message home to local authorities and adoption agencies.
We do not consider that that is the right way forward. These are important and sensitive issues. Having the factors on the welfare checklist, balanced with other issues, would allow the flexibility needed to make an assessment of all the child’s needs in the proper context, which would achieve the Government’s stated aim. I look forward to other comments and the Minister’s response but we very much support the point made by the noble and learned Baroness in opening this debate and the eloquent arguments that were put in the adoption report in the first place.
Lord Nash
I am grateful to the noble Baroness for enabling me to clarify this point. I am not saying that it is the sole cause at all. It is one of a number of factors and we believe that our approach will be one element in helping to address this imbalance, which is leaving ethnic minority children short-changed.
Social workers will of course continue to pay considerable regard to ethnicity as they and the courts will be required to have regard to,
“the child’s age, sex, background and any of the child’s characteristics which the court or agency considers relevant”,
as part of the welfare checklist. These will obviously include ethnicity. We do not accept that our approach means that this will no longer be considered at all, as the noble Baronesses, Lady Lister, Lady Hamwee and Lady Benjamin, suggest. Indeed, in her speech the noble Baroness, Lady Walmsley, referred specifically to background. “Background” and “characteristics” must include ethnicity. That is a matter of plain English.
There is unequivocal evidence about the negative impact on their development of delay in placing children for adoption. Children need to form attachments with one or two main carers to develop emotionally and physically. There is also clear evidence about delay caused by practitioners seeking a “perfect” ethnic match. Professor Elaine Farmer, in An Investigation of Family Finding and Matching in Adoption, found that of the BME children in the sample who experienced delay, attempts to find a family of similar ethnicity was a factor in delay for 70% of them. A study by Julie Selwyn—
Baroness Butler-Sloss
Forgive me for interrupting, but I wonder if I could have the date of Elaine Farmer’s report.
Lord Nash
The noble and learned Baroness will get that information in a second.
A study by Julie Selwyn, Pathways to Permanence for Black, Asian and Mixed Ethnicity Children found that “same race” placements often dominated the child permanence report over and above other needs and that some social workers were so pessimistic about finding ethnically matched adopters that there was little family finding. She said:
“We found that local authorities were much quicker at changing the decision away from adoption for minority ethnic children than they were for white children. There were a great number of minority ethnic children for whom no families were found and the decision was changed away from adoption”.
Whatever the child may want, would they rather not be adopted at all or adopted late in life so that they cannot form those early attachments that we all know are so important?
The answer to the noble and learned Baroness’s question is 2010.
Amending Section 1(5) of the Adoption and Children Act 2002 does not mean that ethnicity should not be considered. A child’s adoptive family needs to be able to meet the child’s needs throughout his childhood, having regard to all the factors provided for in Section 1(2) and 1(4), rather than simply matching his or her ethnic background or not matching at all. We have published draft regulations on this for your Lordships’ consideration.
We recognise that practice is very important. That is why we are developing a range of training materials and other tools to support the continuous professional development needs of children’s social workers, supervising social workers, team managers and independent reviewing officers working in fostering and adoption. This is part of the Government’s drive to ensure that social workers working in the care and adoption systems have the knowledge and skills they need to get decisions right and weigh the impact of delay appropriately in the decisions that they make about placements for children in care.
Of course, we need more adopters from all ethnicities. That is why we have allocated over £150 million this year to help adoption agencies respond to the pressing needs of children awaiting adoption and a further £16 million over the next two years to expand the sector.
The UN Convention on the Rights of the Child does not require children to be placed with someone who shares exactly the same ethnicity but someone who respects it. Section 1 of the Act, as amended, will not prevent this. Many children in our society live with natural parents who do not entirely share their ethnicity. I urge the noble and learned Baroness to withdraw her amendment.
Baroness Butler-Sloss
My Lords, I thank all those who have spoken on this amendment with a unanimity of support for it. I acknowledge, however, that Amendment 12 is more accurate since it recognises the different position of Wales, whereas my amendment was entirely devoted to the question of what was taken out and did not address the rest of the subsection, so I apologise for that. I think it should probably be Amendment 12 rather than Amendment 11.
The question of ethnicity, culture and so on is not just a question of black, white or brown. I happen to know Kenya quite well and there are 45 tribes and, I think, 47 languages there. It is totally different from Ghana or Nigeria, and so different from Jamaica. It would be very difficult to put a black child from Kenya with a black family from Jamaica. It would be much easier to put them with a white family. I have experienced the difficulties of a black family of whom the son, who is mixed race, is my godson, of whom I am extremely proud, and his black mother in the Cayman Islands had a very rough time because she came—according to the people in the Cayman Islands—who were black, from the trees. So when we are talking about ethnicity, we are not talking about black, white or brown, or indeed people from south-east Asia, whether they are Vietnamese, Malaysian or whatever it may be. What we are looking at is their cultural background, their ethnicity—and the ethnicity, as I say, of one black tribe. Indeed, those who come from certain parts of the United Kingdom are very different from other parts of the United Kingdom or other parts of Africa or Asia. It is important that we recognise that.
One of the most important points that were made in the speeches was about the issue of identity, and that follows very much from what I have just said. It was well put by the noble Baroness, Lady Young, to whom I am grateful. It is underlined by the United Nations Convention on the Rights of the Child. I very much liked what the noble Baroness, Lady Perry, said about respect. I am not quite sure how easy it would be to put into a list of what a judge must have regard to. I am not entirely sure whether we could require a judge to have regard to respect, but it was a very attractive idea and one that we should be looking at.
I take issue with the Minister: we are not suggesting for one moment that there should be a sameness of ethnicity, such that a Kenyan child would always have a Kenyan family. That is impossible and not even desirable. What is needed is an understanding by each of those who would wish to adopt of the cultural differences between them and the child whom they may adopt: the origins, language and culture of the child, as well as racial differences. These need to be understood and recognised, and that is the point of these two amendments.
If the Minister thinks that I am talking about same ethnicity—which is what he has just said—then I hope he will read what I have said in Hansard, both now and in my opening speech, because in no way did I intend that to be. There is a real danger, as has also been said, in replacing dogma with dogma—“I pick it up and adopt it with enthusiasm”—because that, I fear, is what this Government are proposing to do. Having come to the view, which I totally understand and with which I agree, that in the past there have been efforts to put a black child with a black family, regardless of their ethnicity, they are now saying that we must not consider it at all. That is a step too far, and I am very concerned about it. I am grateful to the Minister for saying that the Elaine Farmer report was from 2010, but we had evidence last year that that problem with social workers has largely disappeared.
If the amendment is not given the prominence of being in Section 1(5) but is neatly packaged away, as I have suggested, in subsection (4)(d), it will not get undue prominence. I must say respectfully that the Government are wrong in not listening to the unanimity of this Committee in what has been said today. I hope that they will go away and at ask at every level—not only at the level of junior Ministers but right to the top—whether we are really all wrong. I respectfully say that we are not. I shall bring back the amendment on Report and hope that everyone will support me on that occasion if the Government will not listen, but for the moment I beg leave to withdraw the amendment.
Lord Storey (LD)
My Lords, it really is important that we do what is best for the potentially adopted child or young person. If we consider this carefully, we can see where some—I would use the word “some”—local authorities have been very poor in this respect. That is in the amount of time taken, the lack of care and attention to detail and the way things are organised. Quite frankly, that is not good enough but it is a very small proportion of local authorities. As we have heard, 80% of placements are carried out by local authorities, which themselves recognise the need for changes to be made in how some of them operate. Many have been hallmarks of good practice and have been highly praised by the Government and the voluntary sector. So the notion that the Secretary of State is given the power to say that all local authorities should cease placement is concerning to me, and I wonder why it is there.
I am not sure that I agree with the noble Baroness, Lady Hughes, that this is some plot by the Government to privatise adoption—surely they would not—or push everything to the voluntary sector, because we know that the voluntary sector has said, “No, we don’t want to do that, and even if we did we wouldn’t be able to cope with it”. I am surprised that the noble Baroness would even consider such a daft notion. No, I think that this is about the Government. I well remember David Cameron, our Prime Minister, saying in the early days, “Look, I am concerned at the time that some potential adopters have to wait before all the paperwork and the processes are carried out”, and he was right to say that. This part of this wonderful Bill addresses that issue by saying, “Yes, we need to ensure that the amount of time taken is proportionate”.
Still, the notion that you give the Secretary of State—maybe Michael Gove’s successor in two, three or five years’ time—the power to come along with these draconian powers is quite concerning, and actually not in the best interests of children. I hope that, if we want to ensure changes, the Government will look at how we learn from best practice in local authorities and in the voluntary sector—not all the voluntary sector is perfect in this, of course; we think that because the tag is “voluntary sector”, they must be fantastic, but not all the voluntary sector is. We must learn best practice from the voluntary sector and from local authorities, and constantly lift the bar and learn and disseminate those best practices so that we do what is best for our children and young people.
Baroness Butler-Sloss
My Lords, I endorse what the noble Baroness, Lady Hamwee, said. I shall read out again one sentence from the conclusion of the adoption committee:
“We strongly encourage the Government to allow sufficient time for the sector to develop viable and achievable alternative proposals, before using the new power”.
Having said that, I have to say that I am not entirely opposed to the Government having this power. However, it should be a power of last resort, not a power that would be up front. The various amendments, if I may respectfully say so, are overly elaborate. I would have thought that it would be a good idea, if the Secretary of State had to give a direction, that such a direction gave the opportunity to the local authority to judicially review the Government if it thought that the direction was out of order under administrative law proposals. So I am not at all happy about these current amendments. I believe that the Government should have some power, but I do not like the way in which the power is framed at the moment. I hope that some sort of compromise might come on Report.
Baroness Walmsley
My Lords, for a number of reasons, I support my noble friends in their Amendment 13 and on clause stand part, failing the amendment—or something—getting through. I think that this is an excellent Bill in many ways, and I am very proud of it and welcome it. It would be a pity if it were spoilt by one particular little bit that, if implemented, would result in complete chaos in the system.
If new Section 3A(3)(c) were implemented, there would be complete chaos in the system and increased delays in the time that it took for a child to be adopted, because the voluntary sector simply does not have the capacity to take up the other 80%, and could not do so in the foreseeable future either. The Government are going too far too fast, particularly in the light of the changes that are currently being made in the adoption system. I would put a caveat next to that comment, because I think that we all believe that an extra month taken to find the “forever family” for a child waiting on the adoption list is a month too long. We do not want to increase delays; indeed, we want to shorten the period as much as possible, while at the same time getting it right. In the light of the fact that so many changes are taking place—local authorities are working together and the Government have already put changes in place—the clause as it stands should not be implemented until those changes have been allowed a reasonable amount of time to bed in. Subsections (3)(b) and (c) need to be taken out.
Baroness Butler-Sloss
My Lords, I put my name to this amendment. In paragraph 274 of our post-legislative scrutiny committee we said:
“We believe that the exclusion of descendants of adopted persons from the definition of relatives in section 98 of the Adoption and Children Act 2002 creates an unfair anomaly in the legislation. This can be a cause of significant distress”.
Indeed, we had evidence to that effect. We continued:
“We recommend that the Government amend section 98 of the Act to bring within its scope the direct descendants of adopted persons. The Adoption Information and Intermediary Services (Pre-Commencement Adoptions) Regulations 2005 should be amended accordingly”.
As the noble Baroness, Lady Hamwee, has already said, there are a number of people in respect of whom this small but important amendment really matters. It came to my attention through a friend of mine who is a lawyer—he is actually present in this Room. He wrote to me including the letter from the lady to whom the noble Baroness has referred. There are others out there; it may be that there will be a number of people who will benefit from this, and we know there are. There may be cost implications, except that they will be likely to pay so it would be their cost.
Perhaps more importantly, this is an anomaly. Other people out there who are related to those who are adopted, and to birth parents and so on, have the right to this information. The issue is not whether it is sensitive or whether people should know. It is why so many groups should be allowed to find out and this group not be allowed to find out. The amendment cuts through this sensitivity and complexity. There is actually no complexity; it is an anomaly which requires to be put right. For the Government to hide behind reasons of sensitivity and complexity when all the information is there anyway for everybody else seems at the very least disingenuous. I strongly support the amendment.
Lord Nash
I thank my noble friend Lady Hamwee, the noble and learned Baroness, Lady Butler-Sloss, and the noble Baroness, Lady Howarth, for bringing this important matter to the Government’s attention, both earlier this year through the report of the Lords Select Committee on Adoption Legislation and through this proposed clause.
I entirely understand why the descendants of adopted people may want to find out more about their biological heritage, particularly where there may be a hereditary medical condition. The Government are open to the possibility of reform in this area, but we believe that more detailed thought is needed about the implications and practicalities of any legislative change. For example, we must think carefully about how more information might be provided to descendants, and we need to balance this against the rights and wishes of the adopted adults themselves and their birth families.
This is a complex and sensitive area which needs careful consideration before any change to legislation is considered. That is why the Government are exploring with the Law Commission whether this issue might be included within a possible project as part of the commission’s 12th programme of law reform.
The amendment would enable descendants of an adopted person to find out about the adopted person’s background. It applies to those adopted before commencement of the 2002 Act. Such adoptions were carried out privately and secretly, with very little information shared with the adopted child or his or her birth parents. If a mother, who may never have told anyone about an adoption, was approached out of the blue by her son asking about his adoption, that could have a devastating effect on the individual and the whole family.
We fully appreciate the wishes of descendents and there will be examples—
Baroness Butler-Sloss
I apologise to the Minister. Under this proposal, there is no suggestion that there should be any direct relationship between the person seeking the information and the person who has been adopted. It would be done through an intermediary, which is the whole purpose. I urge the Minister not to go down that line because that is not what we are asking for.
Lord Nash
I assure the noble and learned Baroness, Lady Butler-Sloss, that we are not seeking to be disingenuous about this and we do regard the issues as complicated. My noble friend Lady Hamwee asked what evidence the Government have to suggest that if we make this provision it could open the floodgates or that the new clause would lead to unwelcome contact. The answer is that we do not have any evidence, which is why we would like the Law Commission to consider it and are prepared to provide funds. I hope that I have provided sufficient reassurance on the amendment and I therefore urge the noble Baroness to withdraw her amendment.
Children and Families Bill
Baroness Butler-Sloss Excerpts(11 years, 4 months ago)
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Baroness Butler-Sloss
My Lords, I am the very last Back-Bencher to speak today. I hope that I am not the least. I welcome this Bill. I think that many aspects of it are excellent. The Government approach to improving the path to adoption and reducing the time taken in care proceedings and achieving the adoption status for children is excellent. However, inevitably, there must be some tweaking here and there, and there are some issues that require amendments in Committee. Much of what I will say will have been covered already. However, as a former family judge, I feel that on a children’s Bill I should, even at this late stage, set out the points about which I have some concern. I do it therefore without apology.
I am very grateful to the noble Lord, Lord McNally, for giving me the opportunity to discuss some of these issues with him yesterday. I am also extremely grateful to the Minister, the noble Lord, Lord Nash, who took the trouble to call me in to discuss these issues some months ago. That was very nice of him and I much enjoyed our meeting. I also wish him well on his first major Bill.
I will make some brief points on Parts 1 and 2 of the Bill, on adoption, private law and public law cases and children trafficked into this country. I am a co-chairman of the All-Party Parliamentary Group on Human Trafficking and a trustee of the Human Trafficking Foundation. I am also a governor of Coram and have other interests in the register connected with BAAF, NSPCC and so on. The adoption committee, of which I was chairman, supported the Government’s steps to improve the adoption process. However, we raised various issues and I select a few, confident that other members of my committee have already raised the others.
On Clause 1, I am concerned about the provision concerning foster parents leading to adoption, for this reason: it is absolutely crucial that the Department for Education gives guidance on the importance of pre-placement work done by social workers, so that social workers are not seen as placing children with foster parents without having taken care to see whether the parents are capable of taking the children back. I was delighted to hear that families will be consulted first, but social workers must not jump the gun. Social workers need to be aware that they must not breach the human rights of birth parents and children, as has been said, under Article 8 of the convention by not doing sufficient preliminary work before placing children with those fostering with a view to adoption. Early intervention with birth families may make it unnecessary to remove children. I was disturbed to learn that money was being taken from early intervention to support adoption. It seems to me that money is needed for both.
I am also concerned, as many other noble Lords have said they are, about Clause 2. In our adoption committee, we were very concerned about the evidence that we received on the question of ethnicity on the basis that if it is out altogether, social workers may go the other way. We had evidence to that effect, with social workers saying, “Ignore ethnicity—it is no longer there. It has been taken out”. I entirely agree with the noble Baroness, Lady Young of Hornsey, so in our report we recommended putting that factor along with others in Section 1(4)(d) of the Adoption and Children Act 2002. I hope that the Minister will listen on this point, which has been canvassed across the House already. I also put down the marker that post-adoption support is essential. The Government are going some way with the passport but have not yet gone far enough.
In our adoption report, we raised the issue of children from abroad who are in the process of being adopted by English adopters and are living with them but who have, until the adoption process is completed, no actual legal status with that family. I do not think that this has been dealt with yet. Those prospective adopters need some legal status to deal with the children whom they intend to adopt. There was a possibility for a residence order, but in a later part of the Bill that is being got rid of. I am not sure that the introduction of arrangements in their place would give the prospective adopters parental responsibility. The foreign birth family may or may not by then have parental responsibility under our law if the adoption process has taken effect in the overseas country. No one else in this country will have parental responsibility, so it is crucial that the prospective adopters who have children living with them have it in order to deal with schools, health and other such issues. I also put in a plea for the Department for Education to get on to the Home Office to hurry up immigration procedures for children in the process of adoption.
However, my major concern on this Bill, along with others who have already spoken on it, is Clause 11. I hope that the House will forgive me if I dwell on this for a moment as a former judge who tried this sort of case. In the majority of cases where parents separate, they come to a sensible arrangement for the children and the involvement of both parents. In some cases, mediation helps that process but there is a hard core of parents who fight out their failed relationship in the arena of the court over child issues. The relationship has soured and become corrosive. One or both parents become unreasonable and it is difficult to get it through to them that the child’s welfare is the overriding concern of the court and more important than the right that some parents feel they have in the arrangements for the children. Mother and fathers can be utterly unreasonable and vindictive towards the other parent. I have seen it again and again in the cases that I have tried. I take the view that in this highly charged state, parents are the last people who should be making decisions about their children’s relationship with the other parent. Some mothers, for instance, cannot believe that their children love the other parent. How could they, when she hates him?
There is the overriding presumption in the Children Act 1989 that the welfare of children is the paramount consideration. Clause (11)(1) sets up a second presumption, inserted by Clause (11)(2), which is girded around with a degree of protection, if not in the interests of the child. A judge or family magistrate starts none the less with a clash of two potentially opposing presumptions: paramountcy of the child’s welfare and presumption that involvement of the parent will further the child’s welfare. Judges and magistrates may disentangle this, and come to a balanced decision, but this is an area of private family law where both parents will now, in the absence of legal aid, be unrepresented and appearing before the judge or magistrates without lawyers. They will be trying to sort out how to arrange the future of the children in this atmosphere of failure of the relationship and a high degree of tension, and no one other than the court to help them.
Clause 11 is a laudable attempt to involve parents, principally fathers, who might not otherwise be involved with their children. We have to be seriously concerned about a substantial group of children whose fathers have no further, or virtually no further, contact with them after separation from the mother. But the wording of Clause (11)(2), aided by press publicity, which has not always been helpful to the understanding of the intention of Clause 11, has raised unrealistic expectations that in future the parent, usually the father, will be entitled to play a substantial part in the future life of the child, regardless of issues about the child’s best interests. Judges and family magistrates will not of course make orders that do not put the child’s welfare first. In this hard core of cases there will then be a serious gap between expectation and the reality of the court decision.
Family academics, particularly from Oxford, Coram, the NSPCC and other groups with real knowledge of what goes on at the coal face, are expressing their major concern about the insertion of a second presumption in child legislation; I share it entirely. I suggest that the word “presume” should be deleted and the words “pay particular regard to” inserted. This would highlight the importance of the involvement of both parents without the legal problem of competing presumptions and, I hope, lower the degree of false expectations by parents of the degree of involvement that can be achieved. It might also be a good idea to have a definition of the word “involvement” to identify direct or indirect involvement and not to be taken to mean any specific quantity of a child’s time.
There is an issue about getting rid of the words “residence” and “contact”, a brave effort by the Government to cut out words that carry baggage, as did “custody” and “access”, but one that I fear is likely to be ineffective. I also fear that the punters who want to fight out their failed relationship through child proceedings will not be fooled. However, there are issues relating to international relations, for example the Hague convention on child abduction and possibly the Brussels II Regulation, and the need for a parent from whose care a child has been abducted to be able to prove a right of custody in order to invoke the support of the child abduction convention. There are also other people who are not parents who may need a form of residence order and the usefulness of parental responsibility for a child in their care. The word “arrangements” may need to be modified and more carefully defined.
The funding of experts is a major issue that I will not go into at this hour. I have some concerns about the need for a greater degree of flexibility in the 26-weeks care proceedings if social workers do not get their act together quickly. I very much agree with the noble Baroness, Lady Tyler of Enfield.
My last point concerns an area that is not in the Bill—the protection of children trafficked into this country. These children almost certainly do not have a parent in this country, or if their parent is here, he or she will have trafficked the child. The local authority of the area in which child or young person is identified as trafficked has a duty to accommodate such a young person under Section 20 of the Children Act 1989. Accommodation does not include sharing parental responsibility with the birth parents. Parental responsibility is given to a local authority only after the grant of an interim care order. I do not suggest that every local authority notified that a trafficked child needs accommodation should seek an interim care order because that would be time-consuming and expensive. I suggest instead that when a child or young person is identified by the national referral mechanism as trafficked, the local authority required to accommodate the child under Section 20 should also automatically be granted parental responsibility for that child while the child is accommodated by it. It would cost nothing, but it would mean that someone would take genuine responsibility for that child in this country. The noble Lord, Lord McColl, pointed out how many trafficked children go missing. Local authorities need to realise that accommodated children need much more care than they currently believe they need.
There are many other issues about which I have some concern. They will arise in Committee, and I foresee a lively time. I apologise for taking so long, but this is an area about which I feel very strongly and have some knowledge.
Adoption: Adoption Legislation Committee Reports
Baroness Butler-Sloss Excerpts(11 years, 6 months ago)
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Baroness Butler-Sloss
To move that this House takes note of the reports of the Adoption Legislation Committee on Adoption: Pre-Legislative Scrutiny (1st Report, Session 2012–13, HL Paper 94) and Adoption: Post-Legislative Scrutiny (2nd Report, Session 2012–13, HL Paper 127).
Baroness Butler-Sloss
My Lords, I was delighted and honoured to be asked to chair the first post-legislative scrutiny Select Committee on the current adoption legislation. As we went along, we also became a pre-legislative scrutiny committee. Consequently, we published an interim report to express our views on the first two clauses of the Children and Families Bill in December 2012 and our final report in March 2013.
I begin by thanking the committee staff and our specialist adviser, Professor Harris-Short, for their dedication—I use that word deliberately—extremely hard work and the efficiency of their support in the evidence-gathering and in writing the two reports. I am also very grateful for the enthusiasm and enormously valuable input from the members of the committee. It would be invidious to single out any particular organisations among those which gave evidence, and we are extremely grateful to all of them for their invaluable contributions. In writing each report, we felt that we were running to keep up as we received, and had to digest, the Government’s adoption initiatives at short notice. Our committee staff wrote and rewrote the reports to meet those initiatives and our views on the adoption clauses in the Children and Families Bill.
We heard evidence over several months and made a considerable number of recommendations. In the time available, I will pick out several of those that I consider the most important and refer to the Government’s initial response. Inevitably, I shall omit important issues. As we considered the evidence presented to us, we had very much in mind the right of the child to be brought up in his or her birth family, whenever possible, and the right of parents and their children to respect for their family life. Children should not be removed from their birth family unless their welfare requires it, but, sadly, not all children are able to remain with their birth families. The welfare of the child is the paramount consideration.
It was abundantly clear to us from the evidence that there is no need for far-reaching changes to the adoption legislation. The main issues of concern we found were the unacceptable delays in the adoption process, failures of the processes and practice, and the shortage of adopters. Even for babies and young children, who are seen as easier to adopt, the delays are significant. The average age of a child at adoption is three years and eight months, and the average length of time taken from entry into care to adoption is two years and seven months. The longer children wait to be placed, the more difficult the adoption outcome for them and for the adopters.
From the evidence presented to us, we identified numerous failures of procedures and, particularly, of practice contributing to those delays. Consequently, much of the evidence we received focused on those failures and how they might be addressed effectively. Our recommendations have therefore been largely directed to those issues. They are set out at some length in our final report. The initial response of the Government sets out sensible steps to be taken—and steps that are being taken—to reduce delay, but there is nothing much new or that we did not know before we started our investigations.
There is undoubtedly potential for more children to be adopted. Adoption is unique as a change of the status of the child who becomes the child of the new family. The Government are to be congratulated on recognising the importance of adoption and seeking practical ways to improve the situation in guidance as well as proposed legislation. However, there are not enough potential adopters and, further, there are many children suitable for adoption and placed for adoption—that is, ready from the court procedures to be adopted—but who are not adopted for lack of available adoptive parents. In March 2012, there were 4,263 approved adopters and more than 4,600 children who had completed the adoption process and were ready to be matched with adopters. The process of matching is slow. In addition, there were many more children for whom an adoption decision had been made but who had not completed the court process. Until now, potential adopters have been largely recruited by individual local authorities and retained by them on their books. The national register is an excellent initiative and will, I hope, mean that approved adopters will be more widely available, which should improve the matching process from a wider pool.
However, adoption is only one relatively small solution to the large numbers of children entering the care system. For various reasons, adoption is not appropriate for many children. On 31 March 2012, there were 67,050 children in care, of whom more than 60,000 were placed away from their families. Proper provision has to be made for these vulnerable children who need to be looked after away from their birth parents. All these children need to be loved, cared for and provided with stability and long-term security. Most of them may be cared for by other members of their family, friends, special guardianship or long-term fostering. However, a danger was articulated to me by a district judge this week that the 26-week requirement for the completion of care proceedings may concentrate on process rather than on the welfare of the child and may create injustices through the inability of some social workers to make adequate assessments of the birth family and of the wider family who might otherwise be able to take over the care of the child. I therefore stress the importance of early family conferencing throughout all local authorities.
The committee was concerned that the Government’s proper concern with and focus on increasing adoption may risk disadvantaging those children in care for whom adoption is not an option. Improving the outcomes for all children should be the priority. All routes to permanence merit equal attention and investment. In the initial response, the Government have set out a number of steps already taken to improve the fostering process and commissioned research on special guardianship.
The committee believes that early intensive work with birth parents where there is capacity to change has the potential to allow the children to remain safely with their parent or parents and would reduce the number of children entering the care system. There are excellent government-supported early-intervention initiatives, but the committee was concerned that a substantial sum—£150 million—is to be removed from early intervention to help local authorities improve their adoption procedures. The Government’s initial response has, rather surprisingly, been to point out that fostering for adoption is a form of early intervention. That is true, but it removes the child from the birth family. Early intervention, working with the birth family, can be successful and, if so, the child can remain in the family and fostering for adoption would not be necessary. It would be most unfortunate if the potential benefit of early intervention were to be undermined by the greater focus on adoption.
We are told that a significant increase in the budget is being allocated to early intervention. I should like to hear from the Minister how that increase is to be distributed. I provided the Minister with my draft earlier today.
On post-adoption support, most children are adopted from the care system and most of them, other than babies, will have had unhappy experiences in their birth family, which is why they have been removed from the family. Adoption provides the opportunity for the adopted children to have a secure and stable childhood. It does not rid them of the unhappy early part of their lives. Some of these children present major problems for their new, adoptive families and both the children and their new parents often need a great deal of practical help, counselling and therapeutic help. It is much to the credit of the Government that they now recognise the importance of post-adoption support. The adoption passport will be available online to be accessed by potential adopters and sets out the help which may be available to them.
The committee recommended that there should be a statutory duty on local authorities and other service-commissioning bodies to co-operate, to ensure the provision of post-adoption support. The Government have not responded directly to that recommendation—it would be fair to say that they avoided doing so—and I hope that it will be seriously considered when the Children and Families Bill reaches this House.
We invited adopted and looked-after children to come and talk to some of the members of the committee; we are indebted to the Children’s Rights Director, Roger Morgan, for arranging for these children to come. Both groups ranged in age from about 17 down to eight and were most informative, particularly the younger children when they developed sufficient confidence to tell us what they really thought. The two points I pick out today were said by both groups of children. First, they were not consulted. They did not expect that their views would be accepted, but at least they might be asked. Most of them were very critical of independent reviewing officers whom they had not met or who were not helpful to them; to the contrary were one or two children whose independent reviewing officers had done a very good job with them. Some children were critical of their guardians, who neither spoke nor listened to them. I am disappointed that the Government have rejected our recommendation that IROs should be genuinely independent—it is an important issue—but I hope that something effective will be done about the IRO case overload.
The second point the children raised concerned the training in schools of other pupils about the meaning of adoption and the meaning of being “in care”. Much more importantly, however, they focused on the training needed by teachers. Two adopted children told us that they were criticised by their teachers for being unable to complete a family tree. They were actually put in front of the class and told that they were being unhelpful. I cannot believe any teacher could be so insensitive as to tell an adopted child that he or she was not supportive of the class when they were unable to produce a family tree of their new family. I am glad that the Government are looking at this important issue of teachers.
I turn briefly to outcomes and data. The Government have rightly concentrated on the importance of improving processes, but there has not yet been sufficient focus on outcomes. Some adoptions fail, with disastrous results for the child and for the adopters and with considerable additional cost to the state in taking a seriously damaged child back into care. We need much more data and research on breakdown and how it can be avoided. The Government say that they are looking at it. I hope very much that they take some effective steps to find out what lies behind these breakdowns.
It would also be helpful if a child’s passage from the moment of going into care to being placed in adoption, and thereafter, was monitored so that one has a graph of what happened to that particular child, which might also help with the issue of breakdown. We need much more data and research on breakdown and how it can be avoided, and I do not apologise for saying that again.
The other recommendations the Government have rejected are likely to figure in amendments to the Children and Families Bill when it comes to this House. I beg to move.
Baroness Butler-Sloss
My Lords, I thank all those who have contributed to the debate for the absolutely fascinating speeches that we have heard this afternoon. They have ranged widely over all sorts of areas of child need and welfare.
I say to the Minister that I personally accept the very good work that is already being done by the Government on adoption and, indeed, fostering, as well as in dealing with children’s homes, as my noble friend Lord Listowel said. However, will the Minister, and particularly his officials, look at the very cogent evidence that we received on the danger of entirely excluding ethnicity from the legislation? We got that evidence from people whom we thought were worthy of listening to and whom we would have thought the Government would think were worthy of listening to. My recollection is that Coram and BAAF were among them. As I think the noble Baroness, Lady Walmsley, said, there is a danger that social workers who make ethnicity too important a consideration will say, “Well, now it’s gone, we have to ignore it”. That is what the people on the ground who know about it were telling us. Therefore, I should be grateful if the Minister’s officials would have a look at the evidence that we received. They have all that evidence and it is well worth looking at.
In this debate there have been some preliminary shots across the bow concerning what is likely to be coming in the Children and Families Bill. As we heard from the Minister, that is now likely to be in July—and, I assume, well beyond July. The Minister is likely to be challenged by me, among others, over several issues to which I have not yet referred. I look forward to those opportunities and hope that the Government will be a listening Government on matters which we will press and on which the Government might be well advised to listen carefully.
Adoption Agencies (Panel and Consequential Amendments) Regulations 2012
Baroness Butler-Sloss Excerpts(12 years, 4 months ago)
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Baroness Butler-Sloss
That the Grand Committee takes note of the Adoption Agencies (Panel and Consequential Amendments) Regulations 2012 (SI 2012/1410).
Baroness Butler-Sloss
My Lords, in putting my name to this Motion, I should like to make clear that it is not in any way a Motion of Regret, nor indeed any intention to criticise the government policy on adoption. As chairman of the Select Committee on Adoption Legislation, I feel that I should highlight possible implications in relation to the statutory instrument that comes into force on 1 September. I am extremely grateful to the noble Lord, Lord Hill, and Tim Loughton MP for seeing the noble Baronesses, Lady Morris and Lady Howarth, and me last week. We had a most constructive discussion on the statutory instrument and other aspects of the work of our committee.
To start with, I was rather taken aback by the statutory instrument being laid and coming into force so quickly, when we are actually hearing evidence about the duty of adoption panels to recommend whether a child should be placed for adoption. I should correct an error on my part during our evidence-taking, when I suggested that the Government were saying that panels were to be abolished. I was wrong and apologise for saying it. I now understand that the statutory instrument we are discussing today was already in the pipeline while our committee was being set up. However, it raises a rather more important issue in that it will come into effect while we are hearing conflicting evidence about the benefits as well as the disadvantages of this part of the work of the panels. This is evidence that the committee of which I am chairman believes should be brought to the attention both of the department and of all those who are engaged in the adoption process.
Baroness Butler-Sloss
Before I continue, I should, with a further apology, make a correction: I went to see the two Ministers with the noble Baroness, Lady Morris, and the noble Baroness, Lady Hamwee—not the noble Baroness, Lady Howarth. I apologise to the noble Baronesses, Lady Hamwee and Lady Howarth.
As a former judge, I have my doubts whether the adoption judge hearing a placement application would be able to carry out a task similar to the panel, and whether they would have the evidence and the opportunity to carry out the detailed scrutiny expected by the Norgrove committee. I have some questions for the Government. On the assumption that the Government go ahead with removing this duty from panels, what will be put in its place? Will an independent person other than the decision-maker pull together all the relevant evidence about the child at an early stage and advise, or will there be a gap, with the potential for drift? Will the whole burden be placed on the decision-maker alone?
Is the department looking at active involvement of the IRO and, if so, recognising that the IRO would have to have a much reduced current case load? The adoption committee has not yet—and I emphasis this—formulated any conclusions on any of the issues that I have raised. However, we are concerned that there is a conflict of evidence and consequently some degree of confusion over the removal of the panel from this task. When the statutory instrument comes into effect on 1 September, the committee is concerned about this degree of conflict and confusion and what advice the department is going to give, particularly to local authorities, to resolve these issues and to avoid drift, lack of momentum and possible delay, with the case not being in order for the judge. I beg to move.
Baroness Hamwee
My Lords, I thank the noble and learned Baroness very much for bringing this matter to the Committee, and for her quite splendid chairmanship of our committee. I thank the Minister and Tim Loughton for the meeting last week. I am very flattered to have been confused with the noble Baroness, Lady Howarth, I must say. The meeting was extremely useful and I hope that we made it clear that members of the Select Committee share with the Government the objective of the best possible outcome. We have received powerful evidence about the impact of lack of permanence, particularly in the early years.
Given the jigsaw of interlocking procedures, it is important for the Government to explain why they are taking one step of several steps that may be available, and which I suspect will be taken quite soon, when a number have been identified. It is not always entirely clear why one step should be taken in isolation. I appreciate that one can argue it the other way—that if you have identified a step you should get on and do it—but this is quite a complex area.
The Explanatory Memorandum says that the objective of the regulations is to remove both delay and duplication. Delay is, of course, a loaded term. I am sure that the noble Baroness, Lady Eaton, has experienced, as I have, that when one is arguing planning applications in local government, delay does not actually go to quality. She is agreeing with me. Taking time may sometimes be necessary. Taking time unnecessarily is a bad thing, of course. The duplication that the Explanatory Memorandum refers to, as the Norgrove report did, is between the panel and the court. The noble and learned Baroness, Lady Butler-Sloss, will know how long a judge is typically given to read the papers—I suspect less time than a panel is, although I am always amazed at how quickly panels assimilate information.
The Government are not pointing to duplication between the panel and the decision-maker, who does not need the prior work of the panel, in the view of the Government. It seems to me that the decision-maker must need the same information as the panel, and Coram, to which the noble and learned Baroness has referred, regards the panel as providing quality assurance. Coram has given us some very helpful evidence, and the noble and learned Baroness has referred to the possible slippage in quality because of the loss of the independent element.
Coram also talks about adoption decision-making being delegated to less senior staff or the creation of a dedicated role that would not be integrated in the same way that the current post is. It also talks about the removal of independent panel chairs, and we have heard some very forceful evidence, particularly from BAAF, about the contribution made by independent members. The expertise from outside the authority brought to panels is really quite important. Alongside that, we are hearing quite a lot of concern about the lack of experience of adoption work among social workers. We asked the Local Government Association for its comments on these regulations, and, after a moment’s thought, one of the councillors who was at our session more or less said that authorities would invent a structure to replace panels. Admittedly, she might have been thinking about the abolition of panels as a whole, but it was a very practical response. If an authority sees a need to bring in outside expertise, it will find a way to do so.
The Government say that panels add no value, but I wonder whether the converse of that is the risk of abolishing what is excellent practice. We have heard that, in practice, panels meet frequently—weekly if necessary. If they do not meet often enough and are causing delay, their practice needs to be improved. I also wonder whether, if a panel is retained for matching a child with a family, that panel would not need to cover much of the groundwork that would have been covered by the panel dealing with placement.
When we met the Minister, Mr Loughton, he told us about the visits that he has made to sit in on and observe panels. He commented on the amount of material that panel members are expected to absorb, but he did not seem to say that they are failing. There are professionals, sometimes from different professions, who become skilled through the job that they are doing. I have to say that, as a society, we are very lucky that there are people who are prepared to do this job. I am not convinced that they should lose this role.
Baroness Butler-Sloss
My Lords, I thank all the speakers. I am particularly grateful to my fellow members of the adoption committee for having come this afternoon on the last day of term, and to all those who have spoken. I am also very grateful to the Minister for his thoughtful response. I do not at all doubt the commitment of the Minister in the other place to adoption. I very much admire his commitment. I am just not entirely sure that he and the noble Lord the Minister have totally taken on board my major concern, which is about independent scrutiny of the work of the decision-maker. I am not certain that the decision-maker will, pulling everything in together, have quite the same opportunities as somebody else who can advise, assess and monitor. Will the team behind the Minister look at whether they accept that there is a potential gap, and how they might give advice to the local authority on that potential gap, which may not be entirely met by the decision-maker, who will end up with a greater burden?
The points made by Coram, in particular, about the task of the decision-maker—the Minister will see this when he gets the Coram written evidence—are very interesting. I would be grateful if he would reflect, with those behind him, on whether the removal of this particular work of the panel will leave something that will need to be filled at some stage. The inspection by Ofsted will be absolutely crucial. I hope any inspection by Ofsted will move into that area and not simply look at issues of delay, but look more keenly. If not Ofsted, somebody will have to look at it because something is being lost, although I understand the reasons why the Government are doing it. Having thanked everybody very much, I beg leave to withdraw the Motion.
Young People: Parenthood
Baroness Butler-Sloss Excerpts(12 years, 5 months ago)
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Lord Hill of Oareford
We should say many things to young children in schools. For all education, my starting point would be the importance of English and maths. A decent grounding in those matters is most likely to lead children to have successful lives, and many of the desirable outcomes that we all want from education are more likely to appear.
Baroness Butler-Sloss
My Lords, while I accept that English and maths are extremely important, does the Minister accept that the public have an interest in the upbringing of children, because if children are not well brought up we pay for it in all sorts of ways? Consequently, in so far as citizenship or anything akin to citizenship is taught in schools, will the Minister not consider whether parenting should be part of citizenship?
Lord Hill of Oareford
Certainly, I agree with the noble and learned Baroness’s underlying point that we all have a shared interest in making sure that children are brought up as well as possible. It is a point that the noble Lord, Lord Northbourne, made as well, so we have a common interest. On the specific point about citizenship and the content of that within the curriculum, as the noble and learned Baroness will know we are looking at the whole question of the national curriculum. I will relay her point to my honourable friend Mr Gibb for him to reflect on.
Disabled People: Access to School Examination System
Baroness Butler-Sloss Excerpts(12 years, 11 months ago)
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Lord Hill of Oareford
My Lords, the point about the Sunday Times article, which my noble friend has discussed with me, is that it created the impression that there have been big changes to the system of reasonable adjustments to allow pupils with disabilities to have extra time. In fact, the article was misleading in that regard, in that what the JCQ has been changing is the need for evidence that pupils satisfy the requirement. The reason for that is to make sure that the extra time made available and other reasonable adjustments help those who most need it and to make sure that the system has integrity.
Baroness Butler-Sloss
My Lords, is the Minister aware that there are genuinely disabled students who have great difficulties with the examination boards, which will not take account of medical evidence? I know of an example of a girl who cannot see properly but the exam board is not providing the exam papers in such a way that she can read them and will not accept her very distinguished medical evidence. It is an extremely serious situation.
Lord Hill of Oareford
My Lords, if the noble and learned Baroness would like to speak or write to me about that example, I shall see if there is anything that we can do to follow it up with the individual examination board. These are matters for the individual boards but I should be happy to pursue them.
Education and Skills Act 2008
Baroness Butler-Sloss Excerpts(13 years ago)
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Lord Hill of Oareford
In all these things, one needs to strike a balance between seeking to move in the direction of involving children and being overly prescriptive in the ways one goes about doing it. We think the balance is about right in terms of the degree of guidance that we give and the way that schools are responding. One of the other developments, which will probably not be welcomed by my noble friend Lord Tebbit, is that the Government have said that they are looking at ways of strengthening the role of the office of the Children's Commissioner, and are thereby looking at making sure that children’s rights as set out under the UN convention would be enforced.
Baroness Butler-Sloss
My Lords, I congratulate the Minister on saying that the Children's Commissioner is going to be given greater powers. That is an extremely important advance, of which many Members of this House would very much approve. Taking up what the noble Lord, Lord Tebbit, said, would the Minister agree that for children to have their views heard does not mean that children are giving orders?
Lord Hill of Oareford
My Lords, I am afraid that I got lost as to whether I am supposed to give a negative or positive reply to the question. It is absolutely the case that for children’s views to be heard we need to have orderly and disciplined environments in schools. It is extremely important to emphasise that point; it is the case, over quite a long period of time, that there has been a balance towards treating adults more like children and children more like adults. I would quite like the balance to shift back towards treating adults more like adults and looking after children and treating children like children, to give them the care and support they need. Then they can grow up and flourish.
Education Bill
Baroness Butler-Sloss Excerpts(13 years, 1 month ago)
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Baroness Butler-Sloss
My Lords, I will say one thing briefly. It is important that we all remember that the Church of England is the established church of this country. That is why we have the Prayers that we have every day. It is appropriate that that should be recognised in schools.
Lord Lucas
My Lords, surely those who regard religion as an infectious and dangerous condition should, in the modern idiom, wish to immunise their children with the mildest possible form of the disease.
Baroness Butler-Sloss
My Lords, I very strongly support this amendment. I have a six year-old American grandson, and I have read his kindergarten report. He was making good progress with the computer and the iPad when he was not yet six. We have to keep in touch, and we have to be there. It is very important that this amendment should be supported.
Lord Knight of Weymouth
My Lords, I support this amendment. In doing so, I refer noble Lords to my entry in the register of interests, as I have a number of clients who work in this area.
We are world leaders in this country in the use of technology in education. That is why more than 70 education Ministers from around the world come to the largest conference of education Ministers that happens annually anywhere in the world, held in London, alongside the BETT fair. It is hugely important that we sustain that position, as others are catching up, and are catching up very fast.
I welcome some of the comments made recently by the Secretary of State, Michael Gove, around technology, in particular what he said about iTunes U and the Khan Academy and how they are, in his words, transforming what is going on in the classroom. That is welcome because over the past year or so, those working in the field of technology in education have been worried that the Government have taken their eye off the ball and want to see some leadership. What this amendment is calling for in respect of a plan from the Secretary of State will give, not a formal direction but a lead, to schools about how they use the money that has now devolved to them in this area.
As we have heard, ICT is hugely important. We managed to justify the £300 million the Treasury needed to part with on the country’s behalf for programmes such as the Home Access Programme that I was responsible for in government by using data from, for example, the Institute for Fiscal Studies. That showed that access to a computer at home increases performance in science GCSEs by two grades. PISA did some analysis on the use of technology which shows that over time it has increased maths scores in countries around the world. As a result of the Home Access Programme and the evaluation that the department quietly published a few months ago, we have seen the impact in terms of extended learning at home. By having access to technology at home, people are spending longer on their homework and find doing their homework more engaging. I would point noble Lords who are interested in this towards the example of the Essa Academy in Bolton, which has now got every child an iPod Touch and is rolling out more iPads. The learning that is going on in that academy has led to its results over the two years it has been in place for five GCSEs at A* to C rise from around 40 per cent to 100 per cent, and if you include English and Maths, from 28 per cent to 56 per cent. So some significant gains have been delivered in part thanks to technology. The academy certainly attributes technology to its success.
It is important that the Government should continue to extend their activities around the training of teachers and leaders because we know that if they are not in place, any investment in technology does not get you anywhere. You absolutely have to have them in place. The development of resources, home access and how best practice and next practice are spread are also important. Currently, we have a vacuum. Very early on, Michael Gove decided to abolish Becta, the agenda that provided a lead in this area in securing significant savings. That is his prerogative and fine if he wants to do it. But it meant that there was a hiatus in which people felt that there was no leadership in the area, although we may be beginning to see it now. At the same time, the role of local authorities has diminished and their funding to provide a lead on this locally has also fallen. Authorities have largely let all their IT specialists go, which means that they have now all become self-employed IT consultants. A profusion of people are knocking on headteachers’ doors offering advice, but often with vested interests around particular technology solutions. It is difficult for heads to get through the confusion that follows, and certainly to secure the procurement savings that Becta was able to deliver.
A plan is also necessary not just to fill that vacuum, but to point us towards the potential new ways of working which technology has delivered efficiently in so many different industries. In a challenging fiscal environment, if we can deliver more efficiencies in education, I am sure that that is to be welcomed. Assessment takes up a significant part of any school’s budget, and all sorts of innovations in this area can be secured through technology. As I mentioned, in procurement we are seeing the expansion of digital educational publishing. That can be encouraged or not, depending on whether we see some leadership. My noble friend Lord Puttnam talked about resources that are freely available through the TSL Education site, and there are other sources too. A rapid explosion is taking place that is rooted in this country. We are exporting our education around the world, but we really need to take advantage of it here.
There are all sorts of things that can be done in terms of school system improvement on the supply side, and that is what the Government feel comfortable with because that is what they control, but we can also stimulate much more self-sustaining school improvement through a demand-side set of reforms. It is not just about choice and the decision about which school your child will go to, made once or twice in their school career, it is also about giving parents a voice. You do that by giving them information and data that keep them in touch in real time with what is going on in the school. That can only be done on a viable basis using technology, and if that technology is fairly distributed with inclusion across the range of homes.
In respect of new ways of working, we are at the tipping point on this in schools. We can move away from IT suites and trolleys of laptops and towards people bringing in personal devices that their parents are already buying them. A recent Ofcom study showed that 100 per cent of teenagers, who they defined as 12 to 15 year-olds, had access to a computer somewhere, although as the noble Lord, Lord Willis, told us, many do not have access at home. We are also seeing a rapid rise in the ownership of smartphones, while 10 per cent have tablets, and those figures are changing all the time. There will come a point when we embrace these personal devices, even if it means mobile phones with rules about how they are used. That is because in children’s hands, they are very powerful computers which can aid learning. In turn, it means that schools will spend less on IT, less on recharging devices overnight, less on paper and less on textbooks. They can deliver an educational case around the use of data for performance and differentiation of learning, delivering more learning at home, delivering the softer skills of collaboration and communication that employers need, and the pupil engagement between home and school that we know is so important.
I strongly endorse what my noble friend Lord Puttnam said in respect of the economic case. If noble Lords are interested in how it might work, I recommend that they look at Apps for Good that CDI Europe has been delivering in schools and which young people find hugely engaging. That engages them in the world of work as well as in the world of technology. I also endorse what my noble friend said about coding and the need for more programming being learnt earlier on in school. I tried that, against a lot of push from officials. I even had to write it into the galley proofs before they were sent to the printers and they were not looking. I tried to get ICT as a basic skill at the primary level so that we could make sure that children were plug-in-and-play ready when they started secondary school. They should be able to use technology across the curriculum. Unfortunately, while the Rose review did deliver on what that might look like, it was pulled during the wash-up between Administrations. We never managed to get that shift of IT learning into the primary sector, which I think would have been extremely valuable. There are challenges in this. It will need an evolving pedagogy. It will need someone, ideally the Government, to offer guidance around the interoperability of devices in classrooms, along with procurement advice and possibly the curriculum changes that I have talked about. But the prize is a great one.
The noble Lord, Lord Willis, mentioned the death of Steve Jobs. I ask noble Lords to think about what a Steve Jobs school would have looked like. For the staff, certainly it would have been one with a hero head model, someone solidly leading the school and delivering not what the children wanted, but what they needed. There would probably be a fairly flat staffing structure, but to the world outside it would not be the Steve Jobs school, it would be an Apple school: beautifully designed and one in which people just wanted to learn. It probably would not even have school rules, just as the iPad does not have any instructions, because it would be so engaging. That is what technology can give us: really engaging education that sucks learners in and makes them want to find out more and educate themselves more rather than just the flat, didactic one-way learning that is the tradition which some would like to see revived. I think it belongs in the Dark Ages.
Children: Commercialisation
Baroness Butler-Sloss Excerpts(13 years, 9 months ago)
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Lord Hill of Oareford
I agree with my noble friend in that regard. There is also the point in all this that government can play a role but that parents can also play an extremely important role. It is important that parents themselves assert the boundaries within which they want their own children to grow up. We had a very good debate last week, initiated by the noble Lord, Lord Northbourne, about parenting and early years. One theme that emerged from that was the obvious importance not only of parents demonstrating love towards their children but of boundaries, authority and the framework within which they can grow up.
Baroness Butler-Sloss
My Lords, following what the Minister has said about boundaries, should the Government perhaps highlight the importance of some degree of control by parents over what children watch on the internet, particularly with chatrooms? There is a particular danger in allowing children to have a computer with internet access in their bedrooms, so that no one can see what they are actually watching. As the Minister will know, the real danger is of grooming in chatrooms.
Children: Adoption
Baroness Butler-Sloss Excerpts(13 years, 11 months ago)
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Lord Hill of Oareford
I am grateful to the noble Lord for that point, which is well made. It seems to me that one of the issues we have with adoption generally is the great disparity in England between different local authority areas. We know that some local authorities are able to place 100 per cent of children within 12 months. Another local authority that I am aware of can place 38 per cent within that period. There are huge differences, and I think that extending the principle on a broader level, which the noble Lord argues for, is certainly worth reflecting on.
Baroness Butler-Sloss
My Lords, I declare an interest as a former judge who tried adoption cases over many years. I expect that the Minister is aware of the importance in contested adoption cases—which nearly all these cases are—of having social workers and CAFCASS welfare officers as guardians. What will the Government do to ensure that there is a sufficient supply of experienced social workers, and CAFCASS officers in particular, to look after children who are placed for adoption?
Lord Hill of Oareford
I agree with the noble and learned Baroness about the importance of having a sufficiency of well-trained social workers. In an earlier discussion in this House, there was broad agreement on the importance of making sure that there is a good supply. The crucial role that they play in this process is not always fully appreciated. More generally, in terms of the court system, in parallel with the other initiatives that my honourable friend is taking, a review of the family justice system is under way that must also look into these important issues and get the balance right—I know that this is a concern of my noble friend Lady Knight—between privacy and transparency, so that we know what is going on.