Children and Families Bill

Baroness Pitkeathley Excerpts

Wednesday 5th February 2014 Lords Chamber

[Lord Nash]

My Lords, both in Committee and on Report, we have discussed support for parent carers. I am delighted to move Amendment 42, which will insert a new clause on the assessment of support for parent carers into Part 5 of the Children and Families Bill. I particularly thank the noble Baroness, Lady Pitkeathley, and my noble friend Lady Tyler for the time they spent discussing the issue with me and officials. I sincerely thank the parent carers whom I met recently for sharing with me their moving stories.

On Report, I committed to bring back an amendment in response to the powerful arguments that had been made. I am pleased to bring forward an amendment to consolidate existing legislation on parent carers of disabled children into the Children Act 1989 and to streamline the legislation so that it is consistent with the approach being taken to young carers and carers of adults. The consolidated legislation will remove the requirement for those with parental responsibility for disabled children to be providing substantial and regular care in order to be assessed. It will take a more consistent approach across carers and avoid confusion. The legislation will also require local authorities to assess on the appearance of needs as well as following a request by a parent carer. This will benefit those parents who are not aware of the rights.

The amendment specifically requires a local authority to consider the well-being of the parent carer in carrying out the needs assessment alongside the need to safeguard and promote the welfare of the disabled child, which of course must remain of paramount importance. The requirement to consider well-being builds on existing legislation, which already requires local authorities to consider aspects of parental well-being, including whether they wish to work or to undertake education, training or leisure activities. The amendment widens the definition of “well-being” to the definition in Part 1 of the Care Bill. This wider definition includes other aspects of well-being, such as physical and mental health and emotional well-being. The amendment means that we are taking a more consistent approach to different groups of carers.

As I said on Report, I also recognise that there is work to do to ensure that guidance sets out clearly the legislative framework on how services should work together to support families. My officials are working with representatives of parent carers and local authorities to consider the changes to statutory guidance that are needed.

I hope that your Lordships agree that this amendment is necessary, and I urge noble Lords to support it. I beg to move.

[Baroness Pitkeathley (Lab)]

Noble Lords will not be surprised to hear that I am very pleased with the government amendment. Much more important, parent carers everywhere will be relieved and delighted. All that we ever wanted was for parent carers to have the same rights to assessment as those which have been given by this Government and previous Governments to carers of adults and to young carers. We also wanted the well-being principle to be enshrined in legislation for parent carers as it has been for other carers.

We are given to understand that nothing so pleases the Almighty as a sinner that repenteth. While I would not for a moment wish to accuse the noble Lord of being a sinner, he and his officials were certainly a bit resistant to these ideas at the beginning, but—no matter—the important thing is where we have ended up. This amendment sends a strong message to parent carers that their well-being really matters. I pay warm tribute to the Minister and his officials for being willing to listen, to meet parent carers and to bring this elegant and wide-ranging solution to the problems which those parent carers so graphically illustrated in his meeting with them.

Children and Families Bill

Baroness Pitkeathley Excerpts

Wednesday 29th January 2014 Lords Chamber

[Baroness Pitkeathley (Lab)]

My Lords, as the clock reads midnight, I will say very little in support of my noble friend’s excellent moving of this, as she says, modest amendment, except to say that going without any time off for possibly years on end may push carers to breaking point. When their leave runs out or they feel that they cannot cope any more, many employees feel that they have no choice but to give up work altogether. As one parent carer wrote:

“My current manager is very supportive within the leave/time off rules, but I have still struggled in the last 12 months, my leave has been used on reactive odd days/half days due to medical appointments & supporting my daughter’s condition & I only have a few days left for the next few months of my leave year so I worry that I will not have enough time & will be forced to give up work”.

A statutory entitlement to care leave would help many carers juggle their caring responsibilities with work in a sustainable and manageable way, making them more productive and less stressed, and saving businesses and the economy money in the long run.

It is a source of personal disappointment to me that, as my noble friend said, we are falling behind in international comparisons, given that carers in the UK have always been at the forefront. We have always been leaders in the recognition of carers, and successive Governments can take credit for that. It would be a great pity if we fell behind in this and did not keep up with international colleagues such as Australia, Belgium, Germany and Japan, which are all putting carers’ leave in place. I very much hope that the Minister will be able to agree to this amendment.

[Baroness Tyler of Enfield]

My Lords, very briefly indeed, I lend my support to this amendment. As the noble Baroness, Lady Lister, said when she moved it so eloquently, it is a modest amendment, asking for a review in this very important area.

I do not intend to detain the House any longer—other than to say that from 2017 the number of older and disabled people needing long-term care is predicted to outstrip the number of family members able to provide it. Given that, with an ageing population, we are expecting people to work for longer, they are also going to find themselves trying to care for longer, with more family members and loved ones with more, increasingly complex, long-term conditions. Against this backdrop, it is essential that we have the review that this amendment talks about and see what more we can do to help people who are trying to face the challenge of both working longer and caring longer.

Children and Families Bill

Baroness Pitkeathley Excerpts

Tuesday 28th January 2014 Lords Chamber

Moved by

[Baroness Pitkeathley]

57ZA: After Clause 79, insert the following new Clause—
“Amendments to the Carers (Recognition and Services) Act 1995
(1) The Carers (Recognition and Services) Act 1995 is amended as follows.
(2) Section 1(2)(b) is repealed.
(3) After section 1(2) insert—
“(2A) Subject to subsection (3), in any case where it appears to the local authority that a person with parental responsibility for a disabled child (“the carer”) may have needs for support (whether currently or in the future) the authority must—
(a) assess whether the carer does have needs for support (or is likely to do so in the future),(b) where the carer has such needs, (or is likely to in the future), take the results of that assessment into account in making their decision as to whether the needs of the disabled child call for the provision of any services.””

[Baroness Pitkeathley (Lab)]

My Lords, I will speak also to Amendments 57ZB and 57ZC.

The Care Bill currently being debated in another place is making major changes to adult social care law. We have already put those changes through this House. It brings forward important and welcome new rights for adults caring for other adults. This Bill already strengthens the rights of young carers. These new rights will make it easier for other carers to have the impact of caring on them in their care assessment and to receive support services. I commend the Government most heartily and sincerely for the progress that we have made on this issue. However, as I said when it was discussed in Committee, these changes leave parent carers of disabled children as the only group of carers who will be left with the lesser rights to assessment and support provided in old legislation that will be largely superseded by the new Bills.

The purpose of these amendments is to bring the rights of parents of disabled children into line with the rights of other carers and ensure that they are consolidated into primary legislation where they can be better understood and used. Amendments 57ZA and 57ZB update the existing law that gives parents of disabled children under 18 the right to have a carer’s assessment that looks at the impact of caring on them—the parent carers. It updates and aligns these rights with the changes being brought forward in the Care Bill for adult carers of adults, and in this Bill for young carers. Amendment 57ZC replicates the new duty to promote well-being that is being introduced through the Care Bill in relation to adult carers of adults, and applies this same duty to parents caring for disabled children.

As a result of the Government’s changes, parents of disabled children will be the only group of carers with lesser rights to assessment and support, as the rights of other adult carers and young carers are consolidated and strengthened. Their rights will be left in rump legislation as the rest of the Carers Acts are repealed. These amendments are supported by the Law Commission and the Joint Committee on Human Rights.

I know that the aim of the Government’s legislative reform is to produce a clearer, consolidated social care system that is easier for professionals and individuals to use. However, I must point out that this aim will not be realised without consolidation and enhancement of parent carer rights. Without this, frontline professionals will have to navigate complex legislation in order to assess and provide support to those caring for children. There is little or no guidance in place to support social workers to use the existing rights for carers to receive assessments, currently sitting in three different Acts, each taken through Parliament by Back-Benchers with cross-party support. I was one of those Back-Benchers on a couple of occasions.

A lack of guidance and understanding by children’s social services already means that parents of disabled children find it hard to have their needs as carers recognised. Parent carers are being passed between adult and children’s services and are falling through the cracks. I was most grateful to the Minister for agreeing to meet last week with the noble Baroness, Lady Tyler, myself and several parent carers and representatives of Carers UK. He was able to hear at first hand about—and understand—their current difficulties and duties. These and other parent carers whom I have met simply do not understand why they are not subject to the same rights as others. They told the Minister this in no uncertain terms. I very much hope that he will either agree to these amendments or agree to bring something back at Third Reading.

I turn briefly to the need for a well-being duty for parent carers. The Care Bill introduces a new statutory principle that embeds the promotion of well-being as the driving force underpinning the provision of care and support. This new principle is widely welcomed. I cannot overemphasise how strongly this has been welcomed and how important it is. The well-being duty in the Care Bill does not, however, apply to parent carers. Unless we put it in here, it will not apply to them at all. They face different challenges to other parents, but they have often struggled to establish rights as individuals on a par with other carers, and they are at particular risk of having their own rights as individuals overlooked. Too often they are seen only as parents, and their needs as carers are not identified or supported.

At this late hour I will not give many of the examples that I planned to give. However, I will end with the words of a particular parent carer, who said that a carer’s assessment,

“would help me loads, I feel very alone with massive pressure on my shoulders, I desperately need a key worker for my son, and a lot more time for me before I crack up … I lost my job because I was taking too much time away from work … caring has caused me nothing but sadness and loss of all dignity”.

I hope that we will be able to have a positive response from the Minister, and I beg to move.

[Baroness Lister of Burtersett (Lab)]

My Lords, I am pleased to support these amendments, to which I added my name. My noble friend mentioned that the Joint Committee on Human Rights has supported her amendment, and as a member of that committee I wanted to say a bit about what it said in its report on the Care Bill, which was published this week.

The committee expressed its dissatisfaction with the Government’s response to it on this issue, and recommended that the Government bring forward an amendment, either to this Bill or to the Care Bill, to give parent carers of disabled children an equivalent right to a needs assessment for support. The committee acknowledged the existing provisions, but stated that,

“they do not equate to a clear and single duty in law which requires a local authority to carry out a needs assessment of parent carers of disabled children and to meet the eligible needs of such parent carers”.

My noble friend gave an example of the effect this can have on parent carers, who do such a hard job already. Their job is made that much harder by the lack of clarity about the law and what they are entitled to.

The Joint Committee on Human Rights quoted from what the Minister said in Grand Committee:

“We are clear that any change to the Children Act 1989 to assess the needs of parent carers separately would change fundamentally the principles of the Act and risk the needs of the children becoming second to those of their parent. Recent serious case reviews for Daniel Pelka and Keanu Williams have shown starkly what can happen when the needs of parents are put ahead of those of the child. Our approach to legislation and statutory guidance is that the needs of the individual child are paramount”.—[Official Report, 20/11/13; col. GC 479.]

The committee said:

“While we are clear that the best interests of the child are a primary consideration in all actions concerning children, we do not consider the references to cases of child abuse and neglect to be appropriate in the context of discussing the rights of parent carers of disabled children to a needs assessment for support”.

I have to say that I was shocked when the Minister said that in Grand Committee. The JCHR went on to say:

“Children’s rights are not in conflict with parents’ rights in this regard. Indeed, the UN Convention on the Rights of the Child recognises that a child is not isolated from his or her family”.

Speaking about the UN convention, a UNICEF global study of independent human rights institutions for children spelled this out:

“An important aspect of the convention is that it does not consider the child as an isolated individual. Instead, it situates the child as a member of a family and community, recognizing his or her need for support to develop and thrive. Action to realize the rights of children can thus be envisaged as taking place within and through a triangular set of relations involving the state, parents (and/or guardians) and child”.

These amendments embody the spirit of the UN Convention on the Rights of the Child, and I very much hope that the Minister will be able either to accept them or to bring forward alternative amendments on Third Reading.

--- Later in debate ---

I welcome the intent behind the noble Baroness’s amendment. I also recognise there is work to do to ensure that guidance sets out clearly the legislative framework and how services should work together to support families. My officials will be working with representatives of parent carers and local authorities to consider changes to statutory guidance that are needed. We have listened carefully to the arguments being advanced by all those involved, including parent carers themselves. In the light of this and pending ongoing discussions with noble Lords and parent carer representatives, I wish to bring forward an amendment at Third Reading. In view of these ongoing discussions and my undertaking, I hope the noble Baroness feels able to withdraw her amendment.

[Baroness Pitkeathley]

My Lords, I thank all noble Baronesses who have spoken at this late hour but most of all I thank the Minister not only for his apology, which will mean a great deal to many parent carers, and for putting it on the public record but also for the interest that he and his officials have taken in this issue, and for his undertaking to bring back issues about consolidation or streamlining at Third Reading, to which I greatly look forward. In the mean time, I beg leave to withdraw the amendment.

Amendment 57ZA withdrawn.

Local Authorities: Child Protection

Baroness Pitkeathley Excerpts

Tuesday 26th November 2013 Lords Chamber

[Lord Nash]

My Lords, this matter is at the top of our list of priorities and my right honourable friend the Secretary of State for Education feels extremely strongly about it, as does my colleague Edward Timpson. We have established the adoption leadership board to drive improvements in adoption recruitment. We have the adoption scorecard, and the adoption support fund for voluntary agencies. We have invested £150 million in the adoption reform grant, and are encouraging partnerships between local authorities and voluntary agencies. Through the Children and Families Bill we are also opening up access to the adoption register.

I can report some good news. Today we announced that in the past year we have recruited just over 4,000 new adopters, an increase of 34%. Nevertheless, the gap between children waiting to be adopted and the numbers of adopters is sadly still widening.

[Baroness Pitkeathley (Lab)]

My Lords, does the Minister agree that child protection, such as that called for by the noble Baroness, Lady Howarth, requires not just numbers but intense social work casework with troubled and problem families? If there were sufficient people undertaking enough of that, would it help to address some of the horrific problems that we heard about this morning from the Deputy Children’s Commissioner of children being forced into sexual activity, often associated with violence, at an unacceptably young age?

[Lord Nash]

The matters to which the noble Baroness refers are of course shocking. As I say, we have innovated and started the Troubled Families programme. It seems to be working well and having quite substantial effect, which is why we are expanding it to 400,000 high-risk families until 2016.

Children and Families Bill

Baroness Pitkeathley Excerpts

Wednesday 6th November 2013 Grand Committee

[Baroness Butler-Sloss]

When my dyslexic granddaughter was identified as such in her excellent primary school, it sent someone out to learn about it because there was no one in the school who had any idea of how to deal with dyslexia. It was an excellent primary school in north London, Eleanor Palmer Primary School, for which I have the highest respect. I wonder how many schools, if they had a dyslexic child, would take the trouble to send somebody out to learn. If a school as good as that did not have anyone who understood it, what is going on? It seems to me that these amendments are extremely important.

[The Deputy Chairman of Committees (Baroness Pitkeathley) (Lab)]

My Lords, there is a Division in the Chamber. The Committee will adjourn for 10 minutes and resume at 6.02 pm.

Education Bill

Baroness Pitkeathley Excerpts

Wednesday 13th July 2011 Grand Committee

Clause 29 agreed.

[The Deputy Chairman of Committees (Baroness Pitkeathley)]

Regarding Amendment 88, I must tell your Lordships that if it is agreed to, I cannot call Amendment 98 for reasons of pre-emption.

Amendment 88

Moved by

--- Later in debate ---

[Baroness Massey of Darwen]

My Lords, I congratulate the noble Baroness, Lady Walmsley, on her rowing exploits today—even though I understand that we lost—and on her speech, as well as on providing more or less a whole PSHE syllabus in her amendment. I agree that this is not a single-party, but an all-party, issue and always has been. All parties have spoken on this, including from the Bishops’ Bench, with some support for her amendment. My Amendment 98, as the noble Baroness says, is fairly similar, but I want to tweak it a bit. I will say why in a minute.

Like the noble Baroness, I ask the Minister yet again about the details of the internal review. With the delay of the review we are sending the message to teachers, parents and pupils that this is not important. The review was announced eight months ago yet we still do not know what is happening with it. We ought to know.

We know enough about the subject area of PSHE to be able to do a quick review of it. We should not be denying young people access to the information and skills that they need to be human beings and to have knowledge about their own bodies. Supported by information and skills, they will learn about this.

We know that young people want PSHE on the curriculum and that parents support it. Only something like 0.2 per cent of parents ever withdraw their children from anything related to it. We know from surveys that many young people learn about, for example—

[The Deputy Chairman of Committees]

I am sorry, my Lords, there is a Division in the Chamber.

[Baroness Massey of Darwen]

Do I have to start again then?

[The Deputy Chairman of Committees]

I leave that up to the noble Baroness.

--- Later in debate ---

[The Deputy Chairman of Committees]

Before we continue, we have been given notice that some noble Lords are having difficulty in hearing the proceedings. It seems that a mobile phone is interfering not only with the loop in here but also with other equipment. I would ask noble Lords not just to put their mobile phones on silent, but to turn them off. Thank you.

We shall resume with the noble Baroness, Lady Massey, on Amendment 88.

[Baroness Massey of Darwen]

I will refrain from testing noble Lords on what I said before the Division. I was merely agreeing with my noble friend—she is my friend, but not in that sense—the noble Baroness, Lady Walmsley, in her amendments. I will say simply that parents and pupils support PSHE and that it is for the benefit of young people.

Sometimes schools provide the only source of information for young people on these issues. Parents may feel that they cannot provide it and, indeed, welcome the fact that someone else is giving their children this information. There will be more on that in a minute. Times change and the world has become increasingly complex. Years ago, who could have predicted a pandemic on the scale of HIV infection? I salute the noble Lord, Lord Fowler, on his courage and determination in raising awareness of the issue—in the face of much opposition at the time—and on his continued support through his committee. I see that awareness of HIV has now dropped and that young people between the ages of 16 and 24 make up 12 per cent of all new diagnoses. That is worrying.

We should also be concerned about other health issues such as teenage pregnancy, obesity, drugs, smoking, alcohol use and so on. I have read that we are in danger of facing an obesity pandemic, largely due to inappropriate diet. But these health issues are only part of the story. As the noble Baroness, Lady Walmsley, said, PSHE aims to foster good relationships with friends, parents and others. It aims to increase self-awareness and self-respect through an exploration of values and aspirations. It is known that young people who have good relationships along with a strong set of values and aspirations tend to be those who do not get pregnant or take drugs, and have a more confident body image.

Teaching has come a long way. I will not regale the Minister again with the full story of my own sex education when we—the girls, that is—had to knit a uterus. I would say only that it put me off knitting. I remember—

Education Bill

Baroness Pitkeathley Excerpts

Tuesday 28th June 2011 Grand Committee

Relevant document: 15th Report form the Delegated Powers Committee.

[The Deputy Chairman of Committees (Baroness Pitkeathley)]

I begin as usual by reminding your Lordships that if there is a Division in the Chamber while we are sitting the Committee will adjourn as soon as the Division bells are rung and resume after 10 minutes.

Amendment 1

Moved by