Education

Bill Esterson Excerpts

Tuesday 21st December 2010 Commons Chamber

[John Hemming (Birmingham, Yardley) (LD)]

May I wish you a merry Christmas, Mr Deputy Speaker?

I rise on an issue that continues to concern me greatly. I repeat my declaration of interest that I chair the justice for families campaign. I am sure that Members on both sides of the House wish to see the best possible outcomes for children who enter the care system. In trying to improve this, Tony Blair encouraged adoption, but made a big mistake along the way in miscalculating the percentage of children adopted from care.

Before I go any further, I should be precise about what I mean by “care”. When I say “in care”, I do not include those children voluntarily in care under section 20 of the Children Act 1989. In 2005, for example, 8,600 children left care and 3,400 of those left through adoption. That is 39.5%. If I could get the Department to analyse the figures by age, it would be clear that the majority of young children are leaving care through adoption. In Scotland, however, only 17% of the children who left care in 2009 aged under five left care through adoption. I accept that this includes a broader category, but if we take the numbers and uprate them for population size, we see that England has a rate of adoption from care in excess of 50% more. That is more than 1,000 children a year in England who are adopted rather than returning to their parents.

It appears that the substantial shift, which was a result of the previous Government’s pressure on authorities to increase the number of adoptions, was that children left care through adoption rather than returning to their parents. I see this in terms of individual cases where the judgments at times defy reason. It can also be seen very clearly when comparing practice in Scotland with that in England.

The Department has refused to provide many figures about the English system although some are now trickling out. When the adoption targets came in, there was a net flow into care. That would imply that the adoption pressure did not result in additional children leaving care, but instead caused the destination to change. Because the adoption target was miscalculated, there has been a general belief that adoptions from care were only a low percentage. An article written by Alan Rushton in 2007 about adoption from care states:

“Nevertheless, it would be wrong to think that any wholesale moving of children from birth families into adoptive families is taking place. Adoption from care concerns just a small proportion (6%) of all looked after children in England.”

That is clearly a misunderstanding of the situation. The Department was reporting 6% for a figure that, properly calculated, was more like 40%.

The concentration on adoption also means a lack of child protection. Peter Connolly died in August 2007, but nothing much changed until the criminal prosecution in 2008. Some 7,400 children were taken into care to the end of March 2008, 8,200 in 2009 and 9,500 in 2010. However, often the wrong children were taken into care and more babies were suspected to have died from child abuse in calendar year 2009 than in calendar year 2008. In 2008, the figure for England alone was 47 babies and 97 other children. In 2009, that increased—notwithstanding the increase in numbers of children taken into care—to 75 babies and 111 other children. There are two sides to this problem and both are unacceptable. Although the adoption targets and financial incentives were scrapped from 1 April 2008, the practice is still skewed by the pressures that gave rise to the initial changes.

The children themselves are asking why their families have been split up. There was a meeting recently in the House, attended by the Minister of State with responsibility for children and families, at which a girl asked why her sister had been adopted and she had been banned from seeing her. Additionally, as children such as Winona Vamey and Tammy Coulter get older, they are acting to reverse the adoptions.

The aggressive way in which the courts have gone after families has created many refugees from the UK—mainly from England although there is one from Scotland. Susen McCabe, Kiel and Lucille O’Regan, Fran Lyon, Kerry and Mark McDougall, Sam Thomas, Emily Burgess, Sam and Vanessa Hallimond and Angela Wileman are only a few examples for whom emigration was necessary to fight the system. Sam Thomas made the mistake of coming back to England—Somerset—and her daughter has now been put up for adoption.

At the same time, the rights of mothers such as Rachel Pullen and Husan Pari to even contest their own cases are removed on the basis of expert reports saying they are too stupid but which are later found to be in error. However, the Court of Appeal passes these cases through on the nod. False allegations of satanism and Munchausen’s syndrome continue to be accepted by the courts without a legal right to a second opinion. Dr Fintan Sheerin, Professor Mary McCarron, Professor Cecily Begley and Dr Jo Murphy-Lawless from Trinity College, Dublin wrote to me recently asking why these cases still happen in countries that pride themselves on respect for human rights. My answer was that the courts do not always properly follow the law in hearings that are held in secret where people get imprisoned in secret for complaining about injustice.

All this is in fact inhumane. Given time, the European Court of Human Rights may point this out. However, I hope that the Government will respond to this more quickly. More work on analysing the SSDA903 return is needed. It is not acceptable to use the code “other” for something as important as this.

Journalists such as Christopher Booker, Camilla Cavendish, Sue Reid, Denise Robertson, Daniel Foggo and many more have raised concerns about how the system is a machine for miscarriages of justice, but it keeps steamrolling over families and children. Many of the families affected will be lighting Chinese lanterns as a protest on Christmas eve at 10 pm. They will include Phil Thompson, whose great-grandchildren were put up for adoption for no good reason by Walsall council.

[Bill Esterson (Sefton Central) (Lab)]

I am grateful to the hon. Gentleman for giving way, and it might give him chance to catch his breath as he seems to be in a great rush. I do not wish to detract from the serious cases that he mentions, but does he recognise that in many cases in which children are adopted from care it is because of the serious problems in their families and the neglect and abuse that they have, sadly, suffered?

[John Hemming]

I thank the hon. Gentleman for that intervention. There is a need for a care system, but it has to get things right. One of the reasons children are often taken into care is that the mother has been a victim of domestic abuse. Women’s Aid argues that we should protect the mother and child and keep them together, rather than say, “Oh, you as a mother have been a victim of domestic abuse. We are taking your child.”

This morning or late yesterday, I received an e-mail about Kirsty Seddon’s case in Oldham. She was brought up in care and essentially that has been used as an excuse to remove her child. Luckily, the European Court of Human Rights is taking the matter seriously, and has now written to the UK Government asking them to comment on the admissibility of her case. There is a fair chance that, whereas this has gone through the UK courts on the nod, it will end up being picked up by the ECHR.

Even if the Government fail to do something, Parliament should be able to act to identify what is going on. Things happen that defy reason, which is why people have to emigrate to get away from the system. I will not rest until Parliament or the Government act to stop these miscarriages of justice. Sadly, the family justice review does not seem to recognise the true situation. The Munro inquiry seems to have a better focus, but both inquiries are hobbled by not having enough members who are not part of the system. We have the usual “quis custodiet” question when the people who are substantially part of causing the problem are being asked to correct a problem that they themselves do not recognise exists. That needs to change.

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[Bill Esterson (Sefton Central) (Lab)]

The abolition of the education maintenance allowance is one of the issues that have caused greatest concern in my constituency. One of my constituents from Thornton wrote to me to say that he has signed the petition in the name of my hon. Friend the Member for Liverpool, Wavertree (Luciana Berger). He wrote:

“I am writing to you in my capacity as an employee of a large FE establishment in North Liverpool”—

and as one of my constituents. He continued:

“I have recently become increasingly alarmed at the ConDem’s plans to scrap Educational Maintenance Allowance for FE students. Given recent developments in the HE sector and last week’s student protests in London, it would seem that scrapping of the EMA is simply another plan to further undermine the education sector as a whole and, in many cases, to deprive learners of their right to an education. Although the abandonment of the EMA may have a lesser impact in more affluent areas, its effects will be felt much more in areas such as your constituency where an above-average number of learners are indeed in receipt of EMA. The ConDem’s plans to ‘bolt on’ a much lesser amount to the Discretionary Learner Support Fund will of course minimise the number of learners in receipt of financial assistance, and learners may be faced with finding other means of supporting themselves, and I have no doubt that some of these means may be less than legal.”

[Barbara Keeley (Worsley and Eccles South) (Lab)]

My hon. Friends are making a good case for the education maintenance allowance, but does my hon. Friend share my concern about young carers? College principals might not even know that some of their students are young carers, who need the incentive that EMA can give them to keep attending and to struggle on with their caring work load as well as their education.

[Bill Esterson]

Young carers are one of a number of vulnerable groups for whom EMA is especially important, and its loss would hit them and those who depend on them particularly hard. I hope that the Minister will consider that point among others.

My constituent told me that some of the means by which students will support themselves might be less than legal. He said that that was

“an opinion that I have heard in person on more than one occasion from students themselves”.

I have also heard similar comments about the potential of drug dealing as a source of income for students who lose EMA. I thought his was a balanced and responsible view of the impact of EMA from a member of staff with much experience.

The principal of Hugh Baird college in south Sefton, Jette Burford, also wrote to me saying that 84% of young people at the college currently receive EMA; that there is a clear indication that it has become a key part of the family income for those families; and that its discontinuation is very likely to impact on the participation rate locally. Ms Burford mentioned both the impact of losing the EMA on participation and attainment, and the fact that many students depend on it for help with their transport. When she wrote to me she did not know that Sefton students were likely to lose their free travel passes because Merseytravel has had its budget cut by two thirds.

EMA is essential for many students from low and middle-income families when it comes to travel, books, equipment and food, and its loss will make it very difficult for students to continue to study. EMA is a means-tested allowance of between £10 and £30 per week. Some 635,000 learners received at least one EMA payment in 2009-10, and about 80% of those received the full £30. That means that the people receiving the £30 come from low-income families on less than £20,800 per year. The loss of EMA for students from such low-income households will create a big hole in family incomes, which college principals have commented on.

EMA was introduced by the previous Labour Government to help with the cost of books, travel and equipment, and payments are made on the condition that students attend classes regularly. The evidence from colleges is that the incentive to turn up on time has worked well, and the evidence in Merseyside is that those on EMA outperform by 7% those who are not in receipt of it. Research by the Institute for Fiscal Studies gives a similar result.

The Department for Education is stopping new EMA at the end of this month, before it has alternative arrangements in place. The Department plans to stop paying the EMA in July 2011 to existing 16 to 18-year-old students who will be halfway through their courses. That means that EMA will be completely gone by July 2011—an unseemly rush. EMA has been widely credited with helping to create a big increase in the number of young people going on to college in the last seven years. The IFS revealed that EMA increased the proportion of 16-year-olds in full-time education by 4% and the proportion of 17-year-olds in full-time education by 7%.

[Lyn Brown (West Ham) (Lab)]

I am sure that my hon. Friend is aware that Newham sixth-form college in my constituency has the largest percentage of students receiving EMA. When I spoke to those at the college last week, they informed me that, in order to stay on at school, many students just handed the £30 a week to their families.

[Bill Esterson]

My hon. Friend makes an extremely important point about the impact on family incomes, not just on the incomes of individual students.

The Association of Colleges continues to make it clear to Ministers and MPs that it thinks that the decision to abolish EMA will have a detrimental effect on recruitment, retention and achievement among 16 to 18-year-olds. A number of trade unions are also worried that axing EMA will mean that colleges are hit by further funding cuts—cuts that will put even more college jobs at risk. The coalition argues that 90% of the cost of EMA is “dead-weight”, but as my hon. Friend the Member for Liverpool, Wavertree said, that is an offensive statement to many students. It implies that students would have gone on to study without EMA. That claim does not stand up to scrutiny. Research by 157 large colleges and other, smaller colleges shows that students who receive the EMA have better attendance records and are more likely to complete courses than wealthier students who are not eligible for support. That research was published in The Times Educational Supplement on 3 December. Despite coming from the poorest families and, in some cases, having low qualifications, EMA students miss fewer classes and are more likely to stay in education than wealthier students. The IFS has confirmed that the costs of EMA are completely offset by the benefits, even taking into account the so-called “dead-weight” effect.

EMA has been a big success for students and the economy. It has improved the life chances of many, from low or middle-income families. EMA has improved this country’s skills base, because of the improved results among students receiving it, and has increased access to university for many, many students. The case for abolition is flawed, as it will see a cut in attendance that will not be addressed by the enhanced learner fund. As one college principal said to me, there is no way of knowing which students would stop attending and which would carry on if EMA was withdrawn. A review of EMA would be one thing; its abolition quite another. The coalition needs to withdraw its plans and it should continue with the widespread support for our young people that EMA promotes.

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[Mr Gibb]

I am not sure whether those statistics are right, but, again my hon. Friend can take that up with the Under-Secretary at his meeting. My hon. Friend the Under-Secretary has set up a ministerial advisory group on adoption, to provide expert advice on a range of practical proposals to remove barriers to adoption and reduce delay, but I understand the concerns that my hon. Friend the Member for Birmingham, Yardley has raised.

[Bill Esterson]

The Minister made an important point about the involvement of voluntary sector agencies in adoption—indeed, I have been pleased with all his comments on the subject. However, does he accept that it is important to ensure both that proper financial resources are in place for the adoption process and that no short cuts are taken? That is where things can go horribly wrong.

[Mr Gibb]

Of course financial resources are always important, but the hon. Gentleman must appreciate the financial circumstances in which we find ourselves. That was noticeably lacking both from his speech and those of his hon. Friends.

I understand the concerns of my hon. Friend the Member for Birmingham, Yardley. We need to ask hard questions about child-protection arrangements and court processes. That is why we have the review by Professor Munro, which is looking at safeguarding, front-line practice and transparency. I listened to my hon. Friend’s speech carefully. We are concerned that the number of children in care adopted in the past year has decreased by 4%, to 3,200. The real question that we should be asking is not whether too many children or, indeed, too few are in care, but simply whether the right children are in care. I know that my hon. Friend the Under-Secretary is extremely concerned that, by not understanding that point, we risk undermining the work of the many excellent professionals on whom we rely to keep vulnerable children safe—or, worst of all, that we risk damaging the chances of many children who would greatly benefit from a second chance of a stable family upbringing.

I would like to turn to the points raised by the hon. Members for Liverpool, Wavertree (Luciana Berger), for Sefton Central (Bill Esterson) and for Nottingham South (Lilian Greenwood). The speech by the hon. Member for Nottingham South took the theme of “A Christmas Carol”, and perhaps if the previous Government had learned a little from the accounting techniques of Ebenezer Scrooge, this country might not now have the worst budget deficit of all the G20 countries. I listened carefully to the hon. Members, but not one suggested how we should try to find £0.5 billion of savings from the public sector, let alone the £81 billion for the structural deficit that we have to close.

We face an unprecedented budget deficit, under which we are spending £156 billion a year more than we receive in tax revenue, and a global economic environment in which the sovereign debt of nations running unsustainable deficits is leading to major financial crises for those countries. Those crises are preventing and delaying economic recovery, and we do not want this country to be in that position. Every element of public spending is therefore subject to scrutiny, and programmes that cost £0.5 billion a year cannot be exempt from that scrutiny.

We need to ensure that the young people who need support to continue their education receive it. In the current climate, however, those who need it cannot be regarded as 45% of the whole cohort, and the money needs to be better targeted. That is why we are introducing a different system of student support that will allow schools and colleges to provide help to those young people who genuinely need it in order to stay in education.

The education maintenance allowance has been in existence for about six years, having been rolled out nationally in 2004 following a pilot. In its early years, it was successful in raising participation rates among 16-year-olds from 87% in 2004 to 96% this year. As a consequence, attitudes among 16-year-olds to staying on in education have changed. When the National Foundation for Educational Research questioned recipients of EMA, it found that 90% would have stayed on in education regardless of whether they received the allowance, although the £30 a week received by the majority of EMA recipients is a helpful sum for a young person.

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[Mr Gibb]

By definition, if students at that college constitute the 15% most deprived young people, in terms of their access to income, they will receive more than the amount the hon. Lady says is currently being received by the discretionary learner support fund.

To help schools and colleges to administer the fund, and to ensure that those young people who really need support to enable them to continue their education or training post-16 get access to the new fund, we are working with schools and colleges, and with other key organisations such as the Association of Colleges, Centrepoint, the Sutton Trust, the Association of School and College Leaders, the National Union of Students and the Local Government Association to develop a model approach that schools and colleges can choose to adopt or adapt, to inform them how to distribute the funds, and to whom.

[Bill Esterson]

The Institute for Fiscal Studies is clear that, even taking into account the deadweight effect of the 12% who might carry on attending without EMA, the costs of the scheme are outweighed by the benefits. I quoted a college principal in my speech, and colleges are clear that they will be unable to work out who would stop attending if EMA were withdrawn. I would therefore be interested to hear from the Minister how the new system is going to work. He says that he is talking to the colleges, but how will he ensure that the new fund reaches the right students?

[Mr Gibb]

On that last point, the colleges are already experienced in administering the learner support fund. We are simply increasing the value of that fund, and the same college principals and head teachers will be administering it. We are talking about a significantly higher sum, however, and we will allow more discretion in the disbursement of the money, which is why we are talking to the Association of Colleges and others about how to administer it more fairly. Also, 5% of the fund will be available to cover the cost of administration.

The hon. Member for Sefton Central talked about the IFS research, as did other hon. Members. The IFS study says that the cost of the EMA scheme would have been recouped in the long run by helping to raise wage levels as a result of higher staying-on rates. I understand that argument, and I do not disagree with it. However, the IFS, in evaluations carried out with the Centre for Research in Social Policy, has previously said that EMA would increase participation by 4 percentage points, and up to 9 percentage points for young people from the poorest backgrounds. So the IFS’s own findings are consistent with the Department’s findings, and with the NFER’s conclusion that 90% of young people receiving EMA would have continued in education regardless of the payments. For those who really do need help to participate in post-16 education—