Children and Social Work Bill [HL]
Debate between Baroness Evans of Bowes Park and Baroness Pinnock(7 years, 10 months ago)
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Baroness Pinnock
My Lords, I shall not repeat what many other noble Lords have said about whistleblowing, but confirm that we on this side totally support what has been said and the amendments that have been tabled.
Baroness Evans of Bowes Park
I am grateful to the noble Lord, Lord Wills, for these amendments and to noble Lords for their contributions. I assure noble Lords that whistleblowing is an important issue and one that we are taking very seriously. Every child deserves to be safe, and those organisations entrusted to protect our children must work as effectively as possible to achieve that.
Registered social workers work with some of the most vulnerable people in our society, supporting children, adults and their families, often at the most difficult times in their lives. It is important that registered social workers and other employees work in a culture of openness, where they feel confident to speak out when they are concerned about the practices of their employing organisation. They should be able to raise concerns free from fear and victimisation, as the noble Baroness said, with processes and procedures that encourage, support and protect employees when they do so. Disclosures can help to improve the services provided to children, adults and families and safeguard the vulnerable from abuse and neglect.
With regard to Amendments 127 and 137, I agree with the principle that there are clear expectations on local authorities and other public bodies on whistleblowing issues related to child protection and social work. We have a framework of employment protections for whistleblowers and I agree that it is important that employers should act in accordance with that. The coalition Government reviewed the statutory framework in relation to whistleblowing in 2014, following the report of the whistleblowing commission, as the noble Lord said, and the Government’s call for evidence on the matter. The Government concluded that the right balance was to be struck by guidance and a non-statutory code of practice, rather than a statutory code of practice recommended by the commission. The Government published that guidance and statutory code in March 2015.
I am afraid to say to the noble Lord that we are not persuaded of the need to reopen this question in the context of the Bill. If the noble Lord has concerns about the practices specifically of local authorities and public bodies that provide children’s services and employ social workers, we would be happy to consider them. There may be more that we can do, for example, to draw our guidance to the attention of those bodies and ensure their compliance with it.
In relation to the question asked by the noble Earl, Lord Listowel, we confirm that whistleblowing protections in the Employment Rights Act apply to all employers, both private and public.
On Amendments 128 and 138, I share the noble Lord’s concern that those who make a protected disclosure under the Employment Rights Act should not suffer adverse treatment in their current employment or their future career. I understand that some workers have been concerned that whistleblowing may lead to them being placed on some form of informal blacklist that will prevent them getting other employment in the sector. We would be extremely interested in any evidence of that happening and would be very concerned if it was found to be the case.
As the noble Lord and the noble Baroness, Lady Wheeler, mentioned, provision has already been made to protect job seekers in the National Health Service from such discrimination, following the report into whistleblowing in the NHS undertaken by Sir Robert Francis QC, Freedom to Speak Up.
I believe that the Department of Health will shortly be consulting on the necessary secondary legislation. We will be interested to see the issues raised during that consultation. Together with any examples of whistleblowers who have suffered in this way in children’s services, this will inform our consideration of any case for future change. I have asked Department for Education officials to work with colleagues from the Department for Business, Innovation and Skills and the Department of Health, and to contact the noble Lord to discuss further the issues arising from these four amendments.
Although I understand that some of my response will not be welcomed by the noble Lord, Lord Wills, I hope he sees that we are taking action and will take further action, and therefore feels able to withdraw his amendment.
Schools: Admissions Code
Debate between Baroness Evans of Bowes Park and Baroness Pinnock
Baroness Pinnock (LD)
My Lords, I thank the Minister for saying in response to the earlier question that parents will be at the heart of school admissions policy because, in her latest report, the Chief Schools Adjudicator states that:
“Admission arrangements for too many schools that are their own admission authority”—
that is, academies—
“are unnecessarily complex. The arrangements appear to be more likely to enable the school to choose which children to admit”.
What action is the Minister proposing to ensure fair access for all children?
Baroness Evans of Bowes Park
The schools admission system is working well. Last year, the adjudicator received 218 objections, but they related to just 1.1% of schools. Of course it is right that parents can raise their objections when they need to, which is why we also propose to give them a greater voice by requiring admissions authorities to consult on their arrangements every four years rather than every seven years as currently.
Education and Adoption Bill
Debate between Baroness Evans of Bowes Park and Baroness Pinnock(8 years, 6 months ago)
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Baroness Evans of Bowes Park (Con)
My Lords, this new clause would allow a local authority to establish a committee to review and scrutinise the provision of education in coasting schools, where such schools make up more than 10% of schools in the local area.
First, I shall touch on the points made by the noble Lord, Lord Hunt, and the noble Baroness, Lady Pinnock, about the accountability of academies. Our view is in fact that the accountability structure for academies is stronger because it reflects their status as both charitable companies and public bodies. This means that when it comes to matters of good governance and financial management, which, as the noble Lord, Lord Sutherland, noted, are very important, they not only have statutory responsibilities under company law but explicit accountabilities to Parliament. Because of this dual layer of accountabilities, academies have a stronger financial framework and are held up to greater scrutiny than most other types of schools.
Baroness Pinnock
I wonder whether we are at risk of thinking that accountability for children’s education—their one chance to get a good education—is all about balance sheets, audits and professionals coming to some conclusion having looked at attainment levels. At their heart, parents are concerned about whether their children are happy in school, whether bullying is dealt with and whether they get opportunities outside school for extensive education—creative, artistic or sporting. Those are the sorts of things that they take into account as well as their child’s academic progress. That is the accountability that I am talking about, not some dry, dusty PwC audit report that parents may not be able to understand. They do understand what happens to their children’s experience in schools. Where can they ask the questions?
Baroness Evans of Bowes Park
I mentioned that because the noble Baroness specifically talked about academies suffering financial failures, so I was addressing that point. I will come on in due course to talk about some of the other issues that she has raised.
We believe that the amendment is not necessary as the Bill gives regional schools commissioners, working on behalf of the Secretary of State, the powers to work with, and intervene in, any school that is coasting. Both the noble Lord, Lord Hunt, and the noble Baroness, Lady Pinnock, mentioned health scrutiny committees as a potential way of looking at this issue. The structure that we believe will work best is that of regional schools commissioners, and I will go on to explain why. I am sure that we will come back to this matter time and again this afternoon but I will attempt to put down the first marker as to why we believe that the Bill has devolution at its heart.
First, the Bill is concerned with improving schools that have failed. Decisions will be taken by regional schools commissioners, who are immersed in their local context—a point highlighted by the noble Earl, Lord Listowel, from the conversations that he has had and from what he has seen. They are also advised by outstanding local heads. So there is local accountability and I will come on to talk a little more about that in due course.
Secondly, one of the main measures in the Bill gives greater power and responsibility to education professionals. The thrust of the Government’s agenda is to devolve power down to the very local level, trusting head teachers to know what is best and to do all the things that we want to see in good schools, as mentioned by the noble Baroness, Lady Pinnock. I am sure that we will return to this in later amendments.
As I said, the Bill provides RSCs with additional intervention powers for maintained schools so that RSCs can directly tackle schools that have been allowed to fail, or indeed coast, under the local authority’s watch. This means that all coasting schools will come under the scrutiny of regional schools commissioners. The RSC will work with each coasting school in their area to identify whether the school has the capacity to improve sufficiently by itself, which is one option, or whether additional support, including potential intervention, is needed. Such additional support could come from a national leader of education. Alternatively, the RSC may consider that the school should become a sponsored academy, or, as the noble Lord, Lord Sutherland, mentioned, there might be a partnership between the existing school and other local maintained schools or local academies.
The work of RSCs will go beyond what is suggested in the amendment. RSCs will not wait until 10% of schools in an area have been notified that they are coasting before reviewing the education provision in those schools. Their work in relation to coasting schools needs to be continuous and thorough, with the aim of intervening swiftly where necessary. RSCs are strategically placed around the country to make decisions about coasting schools while, as I said, being immersed in the local context.
The noble Lord, Lord Hunt, asked about the role of local authorities. They will work very closely with RSCs, and I will come on to that. However, in terms of provision, local authorities can run competitions to set up new schools in areas where there is such a need. So there is still a role for local authorities, and many around the country have been active, although perhaps not enough due to the places issue that we are facing.
As I said, we expect RSCs to work closely with local authorities, and we have already seen evidence of effective partnerships. For instance, in Suffolk, the regional schools commissioner, Dr Tim Coulson, meets the local authority every month to discuss schools of concern. The RSC has strongly encouraged the authority to use its existing statutory intervention powers, and over the last 12 months Suffolk has issued 22 warning notices to poorly performing schools. The RSC has brought into Suffolk a number of new academy sponsors with proven track records of success. Overall, 17 underperforming Suffolk schools have become sponsored academies since September 2014 and a further five are in the process of converting. Also, this month the RSC is meeting the leader of the council to discuss establishing a school improvement board with the aim that every school inspected by Ofsted over the next two years will improve by at least one grade.
As to accountability and parents, the Schools Causing Concern guidance which is currently out for consultation makes it clear that local authorities should already alert the relevant RSC when they have concerns about standards, leadership or governance in an academy or a free school. Parents can, and already do, write to RSCs when they have concerns. As I have said, RSCs are very clear about the need for community and parental engagement.
Baroness Evans of Bowes Park
I think it would be best if I wrote to the noble Baroness as I do not have the figures directly to hand.
The academy trust structure also brings greater autonomy with a strong accountability framework. International evidence has shown this drives up standards. Academies operate under a robust accountability framework under which we are able to hold the trust directly to account for their school improvement and we have clear routes to intervene should concerns arise. We would not have the same robust accountability if a maintained school or a local authority took over responsibility for a failing school.
It is also not just about the freedoms and stronger accountability, though; it is also about some of the substantial advantages of operating in a multi-academy trust, which the noble Baroness, Lady Sharp, identified. It is acknowledged that the best way to improve schools is through local school-to-school support, and the best, most rigorous, efficient and accountable way to do that is through such a multi-academy trust. People who run multi-academy trusts talk about the advantages of the freedoms, the sense of being in control of one’s own destiny, the career opportunities as people are employed across a group of schools, the ability to retain good staff and, crucially, the ability to share best practice. They talk about leadership development, the enhanced CPD and, on the operational side, the economies of scale and purchasing power of being in a MAT. They talk about the ability to have common school improvement, behaviour management systems, a common curriculum, common teaching pedagogy and systems and the limitless benefits of pupils moving from primary to secondary when a MAT has both types of school in its family.
Baroness Pinnock
What I am concerned about in what I am hearing is that the Minister is suggesting that that does not occur in the maintained sector. There is sharing. The schools forum, which all local authorities have to have, brings head teachers together to discuss the very things that she has just described: a common approach to training, personal development for teachers, the sharing of best practice and being able to determine the “destiny” of schools, as she puts it—I hope that in fact we are talking about the destiny of children within them; it always worries me when people talk about the schools rather than the children. None of the factors that she listed there is relevant only to academies. They apply also to maintained schools, and we ought to recognise that.
Baroness Evans of Bowes Park
I did not say that they did not, but we are talking here about multi-academy trusts and why for failing schools it is a good option for them to be involved. Local school forums do indeed have a role but I think that many head teachers would talk about the positive benefits that they have found in setting up a multi-academy trust. That is all I am saying. I am not saying that local maintained groups of schools are not able to form good partnerships themselves.
Baroness Pinnock
Would the Minister therefore support outstanding local maintained schools becoming a sponsor for these schools? As she has just said that they can also behave in the same way, there does not seem to be any argument against a local maintained school becoming a sponsor for a failing school.
Baroness Evans of Bowes Park
They could certainly become an academy and do that, but they would have to have the same legal structure. I shall come on to that in a second.
Given that 65% of our secondary schools are now academies, it is increasingly sponsors for primary schools that we are seeking to source and develop. In small primary schools the MAT structure is even more critical, again making it necessary for sponsoring schools to be academies themselves that are able to form such a MAT rather than leaving small sponsored primary schools standing alone. We would certainly hope that any maintained school with the expertise, capacity and enthusiasm to support a struggling school would consider converting to academy status in order to do this, in the process unlocking all the benefits and opportunities that I have described.
We also anticipate that as more schools become academies and local authorities have fewer maintained schools left, as many already do, we will see members of local authority teams who are skilled at school improvement spinning out to set up their own MATs, and this development would be most welcome.
In conclusion, I shall quote Maura Regan, CEO of Carmel Education Trust, who attended our sponsor event last week. She said:
“We have to accept that what has happened historically in many local authorities has not worked. We are about revolution—we need to take a break from the past and embrace a new model whereby school leaders are increasingly in charge of their own destinies”.
In light of that, as well as my explanations, I urge the noble Baroness to withdraw her amendment.
Childcare Bill [HL]
Debate between Baroness Evans of Bowes Park and Baroness Pinnock(8 years, 7 months ago)
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Baroness Evans of Bowes Park
My Lords, I would like to speak to Amendments 24 and 25, tabled by the noble Baronesses, Lady Pinnock and Lady Tyler, to which the noble Baroness, Lady Jones, has just referred, and to which the noble Baronesses, Lady Andrews and Lady Howarth, referred earlier in relation to cross-subsidy.
On Amendment 24, I thank the noble Baronesses for highlighting the need for the rate paid to be sufficient for providers delivering the extended entitlement, and for bringing to my attention the need to secure provision for children in deprived areas. I understand the concerns they are seeking to address through these amendments, and the Minister mentioned earlier that we share the aim of getting the funding for the entitlement right. We are clear that this funding must be sufficient to ensure that providers are funded adequately to be able to deliver the additional requirements set out in the Bill.
We have listened to providers’ concerns that increasing government-funded hours will limit their ability to cross-subsidise from parent-funded hours and that delivering at current rates may not be sustainable. That is why the Prime Minister has committed to increase the average hourly funded rate paid to providers. As was mentioned earlier, we are the only party to have made this commitment. We have already committed £840 million of new funding to deliver the extended entitlement, and that is before we deliver on our pledge to increase the hourly funding rate.
My noble friend Lord Nash has spoken at length about the review of the cost of providing childcare, the purpose of which is to provide a robust analytical underpinning for a funding rate that is fair and sustainable for providers and delivers value for money to the taxpayer. I confirm that the review will include in its consideration the needs of children in deprived areas. I also assure noble Lords that the Government understand the importance of early years education for children from disadvantaged households.
We know that high-quality early education can lead to higher attainment later but there is a persistent gap between children eligible for free school meals and their peers in the proportion achieving a good level of development in the early years foundation stage profile. This is why we introduced the early years pupil premium in April this year, which provides extra funding to early years settings for each three or four year-old child from a disadvantaged household. We have estimated that there will be around 170,000 children eligible for this extra support in 2015-16. We expect to receive the first data on take-up of the early years pupil premium by the end of this year and will consider these very carefully and take them into account when we develop future policy.
Turning to Amendment 25, the Government aim to deliver a quality free childcare entitlement, with capacity created cost-effectively without driving up costs to parents. The majority of working families with three and four year-olds already use more than 15 hours of childcare. This means that many children will already be in a childcare place and will not require a new one. Rather, the new extended entitlement will pay for the additional hours parents are already purchasing from an early years setting themselves, helping working families with the cost of childcare.
There is natural growth in the childcare system but we can, and should, encourage new providers to enter the market or existing providers to expand. Collaborative arrangements across different types of providers and increased flexibility for providers are important elements of this. That is why, for example, under the Small Business, Enterprise and Employment Act, childminders will be able to provide childcare on non-domestic premises.
The Government have already made a £100 million investment of capital in early years to support the expansion of provision for two year-olds. We believe there is existing capacity in the system to help deliver the new entitlement, and we are continuing to talk to local authorities to increase our understanding and evidence of where this is. The Government are committed to funding the extension of the entitlement at a level that ensures choice and flexibility for parents, is sustainable for providers, and is fair to the taxpayer. Decisions on the level of funding, including any capital, will be made in the forthcoming spending review. I therefore urge the noble Baroness to withdraw her amendment.
Baroness Pinnock
I thank the Minister for her commitment to the capital element and to focusing on areas of deprivation and disadvantaged families in future deliberations. With that in mind, I beg leave to withdraw the amendment.
Child Development
Debate between Baroness Evans of Bowes Park and Baroness Pinnock(8 years, 8 months ago)
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Baroness Evans of Bowes Park
I am aware of the report from Action for Children. The flip side is that 65% of children’s centres have arrangements. Obviously there is more to be done. We want those arrangements in place across the system, which is why the Government have awarded £5 million to 77 teaching schools alliances across the country to partner with local early years providers to drive up standards and share best practice.
Baroness Pinnock (LD)
My Lords, does the Minister agree that it is only by having children’s centres that crucial data sharing can take place? The result of a freedom of information request by the Children’s Society shows that spending on children’s centres this year alone has fallen by 17%, with the consequence that even more than the 600 that have already been closed will close their doors. Does the Minister share my concerns?
Baroness Evans of Bowes Park
Children’s centres provide extremely valuable services, but I think we all agree that what is most important is the impact that these centres have on the ground and on the families that need them most. In Bromley, for instance, the number of centres did indeed reduce from 18 to six, but these centres are now located in the areas of greatest need and have universal and very targeted services. As a result, the number of families accessing this vital support has actually increased. We are now seeing a record number of families using children’s centres.
Childcare Bill [HL]
Debate between Baroness Evans of Bowes Park and Baroness Pinnock(8 years, 11 months ago)
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Baroness Pinnock
It is, yes. I have been concentrating hard. I support everything that the noble Baroness said because it follows on from the earlier debate about quality. You cannot deliver quality unless you have a well-trained staff working in the childcare sector. I wanted to make it clear that there is support on our side. We have no critical comment to make but welcome the amendments that have been moved.
Baroness Evans of Bowes Park (Con)
My Lords, I shall also speak to Amendments 13, 17 and 36, on the early years workforce. I thank the noble Earl, Lord Listowel, and the noble Baroness, Lady Jones of Whitchurch, for bringing forward these amendments. They are wide-ranging and cover a review of the workforce and workforce strategy, together with specific issues such as training, qualifications and pay.
I am sure we would all wish to pay tribute to the commitment and dedication of the early years workforce. Their hard work and devotion does not go unnoticed, and the support they give to children in the most important years of their lives is critical to ensuring that every child gets the best start in life. The Government are committed to ensuring that childcare hours are of high quality and, of course, the workforce is key to that.
The noble Earl, Lord Listowel, has moved an amendment requiring the Secretary of State to,
“lay a report before both Houses of Parliament setting out her strategy for developing the early years workforce”.
We covered this issue in an earlier group of amendments. I set out that strategy and some of the initiatives that the Government have introduced, so I do not propose to repeat those.
The noble Earl also moved an amendment to make explicit requirements for the use of graduates in early years settings. We are committed to continuing to raise the quality of the early years workforce. We have already set the bar high for the qualifications of people working in childcare, including early years teachers, who must meet the same training course entry requirements as primary teachers. Since 2007, 15,422 early years teachers have been trained. I also assure the noble Earl that we will continue to support expansion of the graduate workforce through the provision of early years initial teacher training routes and through providing funding support for trainees.
Regarding the noble Earl’s amendment to develop a strategy to increase the number of maintained nursery schools, we recognise that they have been shown to deliver high-quality early years education. However, we must of course also recognise that many private, voluntary and independent providers also deliver quality. At 31 December 2014, the proportion of all providers on the early years register rated good or outstanding by Ofsted was 83%.
While we agree that many nursery schools offer high quality, we also think that the diversity of the childcare sector is one of its strengths as it offers choice and flexibility to parents. We want maintained nursery schools to play their part in a diverse early years sector in years to come, delivering high-quality, sustainable provision that is responsive to the needs of parents in their local area.
I say to the noble Baroness, Lady Howarth, that I have indeed read the report to which she referred and we will certainly reflect on some of the findings laid out in it.
The noble Earl, Lord Listowel, has also tabled an amendment which would require early years settings to provide a specified number of training hours per year to each member of staff. While I entirely understand the intention behind this amendment, to support staff training and development, we think this is a matter for individual employers and the sector to lead on. We will continue to support the sector in doing so, but do not believe that specifying a one-size-fits-all model would be helpful. Given these reassurances, I hope the noble Earl will withdraw his amendment.
The noble Baroness, Lady Jones, has tabled an amendment which would require a review of the qualifications and pay of staff. It specifically addresses the assessment of progress of level 3 qualification standards, the assessment of progress in introducing early years career paths, recruitment and retention, pay levels and the number of black and minority ethnic staff at different levels of the profession. I will take each of these briefly in turn.
We have a robust set of standards for level 3 early years educator qualifications. The quality of the workforce is increasing year on year. We know that the proportion of paid staff with at least a level 3 qualification increased between 2011 and 2013. The sector shares the Government’s ambition to see staff in key positions holding good GCSEs in English and Maths, as this can only be to the benefit of the children with whom they work and the status of the profession.
We recognise the importance of clear progression routes within the sector to attract and retain good-quality staff, and will be looking further at how to ensure that the current and prospective early years workforce can take advantage of the varied and rewarding careers that are available to them. I know that the Minister for Childcare and Education is looking closely at the qualification frameworks and rules to ensure that they are enabling the development of a high-quality workforce.
The noble Baroness, Lady Jones, and the noble Earl, Lord Listowel, also raised the important issue of recruitment and retention. It is important that experienced and skilled early years professionals want to stay in the profession, a point made by the noble Baroness. The Government recognise that settings, the majority of which are private businesses, manage this themselves in the context of their staff employment and deployment responsibilities.
There are many reasons why staff turnover may increase, including local economic factors which are beyond the control of providers. Making staff turnover information available at a local level to parents could lead to the information being misinterpreted and lead a parent to dismiss out of hand a good-quality setting that is doing good work to support staff. That is not what anyone would want.
The noble Earl, Lord Listowel, tabled an amendment on local authorities publishing turnover rates of early years staff. We already collect and publish information on staff turnover through the Childcare and Early Years Providers Survey, which was last published in 2013 and is publicly available on GOV.UK. We think this is the right level of information about turnover, and that it is not appropriate or necessary for local authorities to publish further information.
As regards the amendment of the noble Baroness, Lady Jones, on reviewing pay, all private, voluntary and independent providers are free to set their own pay scales. This means that those working in the sector can be paid as their employer sees fit. Only those defined as “school teachers” under Section 122(3) of the Education Act 2002 are legally entitled to the pay and conditions specified in the School Teachers’ Pay and Conditions Document. With respect to the noble Baroness’s amendment to assess the numbers and qualifications of black and minority ethnic staff, it is the responsibility of early years training providers and employers to ensure that they do not discriminate when recruiting trainees and employees, and they must comply with the requirements of the Equality Act 2010. Information published on the representation of ethnic minorities reveals that school-based providers in nursery schools have the highest level of BME staffing, at 17%.
In conclusion, while we sympathise with the intention behind these amendments, we do not think they are necessary. Work is already under way to look at how to support the continued improvement of the early years workforce. I therefore urge the noble Earl, Lord Listowel, and the noble Baroness, Lady Jones, to withdraw their amendments.