Children and Families Bill

Baroness Massey of Darwen Excerpts

Tuesday 2nd July 2013 Lords Chamber

[Baroness Massey of Darwen]

My Lords, the social reformer Gertrude Tuckwell, writing in 1894, said:

“Among the social questions with which the nation has to deal, there is none, it seems to me, so important as … children”.

I agree, and I am pleased to be speaking in this Second Reading of a Bill which seeks to make life better for children. I know that is something which we across this House have always sought to do. However, the Bill has challenges to its implementation and I share the concerns of my noble friend Lady Hughes and those of the noble Lord, Lord Lingfield. We are experiencing severe cuts to services for families. Child poverty, by whatever measure we use, is increasing and is likely to increase further. Voluntary sector organisations point out risks to the Bill in relation to the potential fragmentation of local services, which may add to the onus placed on them, for example in relation to adoption and how the voice of the child and advocacy for children will be regarded. It will be important to assess these risks associated with delivery of the Bill; it will be equally important to monitor and evaluate progress.

There is much expertise in this House on all aspects of the Bill. I shall focus on four issues: young carers, kinship care, the Office of the Children’s Commissioner for England and the importance of supporting children to develop personal, social and health skills. Young carers have already been discussed eloquently by the right reverend Prelate. I simply repeat what he said by asking when proposals on young carers will come forward, given the positive response we had in another place.

Kinship care has been a long-running saga in both Houses and seems to stall regularly. Between 200,000 and 300,000 children are being raised by family members or friends, because their parents may be dead, suffering from addictions, in prison, or otherwise incapable. I have heard anecdotes from kinship carers when I was in a previous role concerned with drug addiction. Many carers who spoke to me were devoted and committed grandparents; some of them had given up work to care and in some cases their health and family life had suffered due to their becoming a carer in a crisis. Research has shown that children who live with kinship carers have better educational, social and emotional outcomes than those who go into other forms of care.

Grandparents Plus is concerned that Clause 1 removes the duty on the local authority to give preference to keeping children with their families. It also contravenes the right to family life and is not in the best interest of the child. The Minister indicated in the Commons at Report stage that the Government will bring forward their own amendments to Clause 1 to address these concerns. I know that the Kinship Care Alliance is keen to work with the Government on resolving this and I look forward to hearing of any progress. Other issues of kinship care include adjustment leave for grandparents and family carers, paid leave as equivalent of adoption leave, and parental leave for grandparents to support a family in emergency. We shall no doubt wish to return to such concerns at a later stage.

The Office of the Children’s Commissioner is a welcome addition, if somewhat late for England and not particularly well funded, but here we are. It is surely essential that the Children’s Commissioner has the power and independence to promote child rights and welfare, including for those children who have been trafficked or are in custody, and for those seeking asylum.

I am concerned about the independence of the Office of the Children’s Commissioner, in appointments and the powers to function. I have to say that I do not trust the Government to encourage independence in appointments. Some Members of your Lordships’ House have suffered from being in or tending toward the wrong political party, or being seen to be awkward, or criticising government actions. I include myself in that. For example, it surely cannot be right in a public appointment to exclude a notable sportswoman from appointment to a sports body because she criticised proposed policy in a welfare Bill. This is ludicrous. It is even more ludicrous when in one such set of appointments no women or people from ethnic minority backgrounds were appointed to an advisory board. This is not just about individuals. It is about fair principles of appointment to public bodies. I am concerned that such an important appointment as the Children’s Commissioner may be hijacked by these concerns about independence. We need to be vigilant.

Let me move on briefly to the importance of personal, social and health education in schools. We have discussed this many times. As I, the Minister, most of this House, parents and children and the industry know, PSHE is not just about sex education, even though the media would have us think that it is. PSHE is about helping young people to develop respect for self and others, communication skills and the self-confidence to learn. It includes developing a positive school ethos, and social policies such as anti-bullying, healthy eating, and positive relationships inside and outside school. The noble Lord, Lord Storey, spoke about the importance of policies on health issues such as long-term conditions for children, and I fully agree with him. Young people do not come separated between health and education.

PSHE provides information on encouraging skills and helping young people think for themselves about the kind of people that they want to be. The debate on citizenship introduced last Thursday by the noble Lord, Lord Cormack, highlighted the importance of community cohesion and the dangers of anti-social behaviour, and of drug and alcohol misuse. These are all relevant to PSHE.

PSHE should be required provision in schools. Pupils must surely be encouraged to have a framework other than media or friends and family to explore their spiritual, moral, cultural, mental and physical development, and to respect themselves and others. I shall seek support for an amendment to require schools to make provision for PSHE. It will be a simple amendment to paragraph 2.1 of the national curriculum framework, and I shall detail it at a later stage.

I look forward to our deliberations during the passage of the Bill. By the time it has completed its passage through this House much wisdom will have been shared, and I hope that agreements will have been reached. I look forward to the Minister’s response.