Children's Wellbeing and Schools Bill (Seventh sitting)

Catherine Atkinson Excerpts

Committee stage
Thursday 30th January 2025 Public Bill Committees

[Stephen Morgan]

I thank my hon. Friend for his time as a school governor. Governors across the country do such important work holding headteachers to account and supporting them in the difficult challenges that they face. He made an important point about punctuality. We know, of course, that if a child is accessing a breakfast club, it hopefully gets them to school on time. I know that he has been a real champion of those issues in his constituency.

We have just heard how passionate Labour Members are about the difference that breakfast clubs will make, and that is why we are so excited to roll them out through this legislation. We will learn from the early-adopter scheme, which will inform the monitoring and evaluation plan for the national roll-out. For that roll-out, we will ensure that there are appropriate arrangements for the collection of breakfast club data from schools and for the evaluation of the programme.

The hon. Member for Twickenham made a number of helpful points on the practicalities of funding our ambitions for children and young people. The new breakfast clubs and the benefits that they will bring to children and families up and down the country are a top priority for this Government. We will therefore, of course, provide funding to cover the new duty, including for the costs of nutritious food and staffing. Moreover, informed by our early-adopter scheme, we will support schools who face delivery challenges to find the right approach for their school, pupils and parents. Schools will absolutely not be left to do this alone. As I mentioned, from April this year, before this duty comes into force, we will work with up to 750 new breakfast clubs in schools across the country.

[Catherine Atkinson (Derby North) (Lab)]

The right hon. Member for East Hampshire mentioned that many schools already have breakfast clubs. I regularly visit schools in Derby North and recently visited Cavendish Close junior academy, which already provides a breakfast club. Staff there were confident in their ability to scale up; in fact, they are excited to do so and welcome the opportunity. Does the Minister agree that this clause will open up the benefits of breakfast clubs to all our children in primary schools and that that represents a massive step forward?

[Stephen Morgan]

I thank my hon. Friend for that intervention. She speaks very eloquently about the benefits this will bring to parents. Those benefits will include not only £450 back into the parent’s pocket but more childcare choices. I know that she is excited about this programme being rolled out in her constituency. To summarise the points on funding, we are keen to learn from the early adopters and feed that into our ongoing support programme for schools.

A number of hon. Members, including my hon. Friend the Member for Portsmouth North, raised points about the impact on attendance. Breakfast clubs have been proven to ensure that every child starts the day ready to learn by improving attendance, behaviour and attainment. The Magic Breakfast evaluation reported that the improved attendance of children at schools with breakfast clubs was equivalent to 26 fewer half-days of absence per year for a class of 30, and research by the Education Endowment Foundation showed that there was up to two months of additional progress from key stage 1 to key stage 2. Schools that have offered free universal breakfast clubs have told us that they make a huge difference. For example, Burton Green primary school in York reported significant improvements in punctuality, children more settled for lessons and improved behaviour, especially for pupils with SEND.

I assure hon. Members that I understand that absence is a key barrier to learning. For children to achieve and thrive, they need to be in school. We are doing lots to support that, including making attendance guidance statutory last summer, requiring schools to return data through our attendance data tool, and working with our attendance ambassador, Rob Tarn, to develop an attendance toolkit. We have also expanded the attendance monitoring programme to reach 1,000 more children, and have invested £15 million to expand that programme, which provides targeted one-to-one support for students who are persistently absent. I commend the clause to the Committee.

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[Munira Wilson]

Press release—there we go! This is a rare benefit of Brexit: we have the freedom to apply a zero rate of VAT on school uniform up to the age of 16. It is a basic issue of fairness. If the Government want to drive down the cost of uniform, this is a simple thing for them to address.

[Catherine Atkinson]

There is a uniform shop, Uniform Direct, in my constituency in Derby, which was opened by Harvinder Shanan. Like me, she is a mum of three. She is determined to drive down the costs of school uniform and understands the financial pressures that local families face, particularly with the cost of living crisis that the last Government left us in. Her small business has been able to reduce the cost of items. She told me about how in one instance, when she began to supply a school, she was able to bring the cost of their blazers down from £75 to £25.

I note that the majority of the schools that Harvinder Shanan supplies are already compliant with the limitations on the number of branded items that the Bill imposes. If many can reduce, or have already reduced, the number of branded items, I am concerned that amendments seeking exceptions would fundamentally undermine the purpose of the clause, which is to bring down the costs of school uniform that families have to bear. Some providers might seek to increase the costs of branded items. Consideration of a cost cap was asked for, to limit the amount of money that could be charged. I invite the Minister to keep the clause under review and to keep all options open, should the cost of branded uniform items rise.

Turning to new clause 56, the hon. Member for Harborough, Oadby and Wigston indicated a shared concern about prescription for schools, which seems somewhat at odds with the prescription sought through the new clause, which would prescribe details of how second-hand items might be made available down to what is on school websites. My concern is that the detail of that provision would impose so much prescription that when there are new items of uniform, second-hand items simply would not be available.

In total, the clause represents a huge saving for families in Derby North and across the country. I greatly welcome the provision.

[Neil O'Brien]

I find myself in great agreement with much of what the hon. Member for Twickenham said about the danger that this provision will turn into a piece of backfiring micromanagement. The Opposition have made that point and, indeed, we have heard Labour Members make the same point. We are not in a position to make a fiscal commitment today, but I thought that that the hon. Lady made a good point about VAT. I found myself agreeing with more and more of what she was saying and then, towards the end, when she started talking about potential Brexit benefits, I realised we were really through the looking glass. Remarkable moments here today—incredible scenes.

To describe our amendments in brief, amendments 29 and 30 say that schools can have items that parents do not have to pay for, and amendment 31 clarifies that it is three at any given time. Schools can require replacement of lost items; amendment 32 exempts PE kit, and amendment 91 exempts school sports team kit. New clause 56 is a positive suggestion to make schools offer old uniform to parents. As the hon. Member for Twickenham said, we do not particularly want to be prescriptive, but if we are going to be, we might as well do it in sensible ways. That builds on the previous guidance.

When I was a school governor, which was mainly under the previous Labour Government, I was struck by the flood of paper that came forth every week from “DFE Towers”, the Sanctuary Buildings. That flood abated a little after 2010, although probably never enough. Sometimes, I wondered whether we had more ring binders with policies in than we had children; but that might soon seem like a golden age, because under new Ministers, the urge to micromanage seems to be going into overdrive.

Our guidance, introduced in 2021, encouraged schools to have multiple suppliers, and it was focused on generally holding down costs, as the hon. Member for Twickenham pointed out. Parents are in fact spending less in real terms on school uniforms overall than they were a decade ago, according to the DFE’s own survey. The DFE found that average total expenditure on school uniform overall was down 10% in real terms, compared with 2014.

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We are about to make that the law of the land. This is micromanagement on steroids. The age of school freedom is clearly over and the age of ministerial micromanagement is back, back, back, as we will see in future clauses.

[Catherine Atkinson]

The shadow Minister’s new clause 56 sets out specific things in great detail. It seems really odd that he has a concern about micromanagement in light of the provisions he has tabled.

[Neil O'Brien]

The hon. Lady is quite right to point out the tension between wanting to avoid micromanagement and saying that if we are in the business of prescription, we might do some sensible things. I wanted to offer a positive suggestion rather than simply critique what the Government are doing, which is why that is there. Indeed, a lot of schools are already doing it. I understand the hon. Lady’s point, but one reason why Whitehall micromanagement is a bad idea is that rules dreamed up by civil service mandarins in London often go wrong when they make contact with the real world. That is exactly what has happened here.

I have no doubt that Ministers’ intentions for clause 23 are good, but it will have the opposite effect to the one they intend. It may well make things more expensive for parents—not less. That will hit many schools. Ministers said, in answer to a written question, that

“based on the Department’s 2023 cost of school uniforms survey of parents, we estimate that one third of primary schools and seven in ten secondary schools will have to remove compulsory branded items from their uniforms to comply”.

Instead of measures the Government could have brought forward in the Bill—things that the polls show are teacher priorities such as discipline, as Teacher Tapp shows—we will have at least 8,000 schools spending their time reviewing their uniform policy.

Worst of all, this may well end up increasing costs for parents overall. Many secondary schools will respond to this new primary legislation by stopping having uniform PE kit, at which point, highly brand-aware kids will push parents to have stuff from Adidas or Nike or whatever instead, which will be more expensive. What do we think that school leaders will get rid of in response to the new rules? We know that according to the Government, lots of them will have to change their uniforms in response to this.

In a poll of school leaders last year, more than half said that the first things they would remove in the event of such restrictions would be PE kit, but uniform PE kit is cheaper than sportswear brands; it is nearly half the price for secondary school kids. I worry that the Government have a sort of tunnel vision here. They want to cut the cost of uniform, but we really want to cut the cost of clothing children overall. The problem is that when we get rid of uniform, particularly PE kit, what will fill the space is often more expensive and worse.

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[Amanda Martin]

While I have the utmost respect for the hon. Member for Harborough, Oadby and Wigston, I want to draw his attention to the real world of parents, the cost of uniforms, the impact of negativity on pupils. As a former teacher and a parent of three lads who did not all go to the same school, so could not always have their clothes passed down, I am really pleased to see clause 23. We have heard from the Children’s Commissioner that this is an issue for so many children, through her big ambition conversation on behalf of children. We also see a BBC survey that notes how senior teachers, and I have been one of these, have helped parents buy uniform and have provided school uniform. That is done by so many staff in our schools across the country and it also shows the cost of the hardship that parents and families are under.

The Children’s Society also note in their support that this is “practical and effective”. They do not see it as red tape, as lines being drawn, or as schools being held to account. They actually see it as a real, practical and effective way to help children and to help parents afford uniform. It does not stop schools stipulating a school colour or a standard of uniform, relating to their own uniform policy. It stops uniforms costing the earth. Many parents have emailed me, and one parent said that they stagger the cost of uniform across the year—buying one now and getting another next time, when they get paid. That leaves children—I am guilty of it myself— wearing uniforms that are too big, and that they never grow into. Or worse still, if the uniform is passed down, it might be worn out because siblings have worn it, or a cousin has worn it, or a neighbour has worn it before donating it to the kids. The clause stops children feeling self-conscious and really uncomfortable in school. It gives them a sense of dignity while they are in their school place and—we all know— if they feel pride in who they are and feel confident, it helps with learning and with being able to take part fully in education.

[Catherine Atkinson]

Does my hon. Friend agree that what has been presented suggests that families must choose between branded uniform and fashion brands? Does this clause open up options for parents so that they can have more affordable uniform for their children and save the family money?

[Amanda Martin]

Absolutely, and it does not stop schools also having their own recycling for uniform, which many, many do. I will give a mention to the fabulous Penelope Ann, the only family owned uniform shop we have in Portsmouth, which works with schools to offer the best cost price they can on blazers and other uniform pieces to everyone across the city, allowing parents to top up, whether they want to buy trousers in that shop, or a supermarket, or go to another place to buy the extra uniform. In reality, three pieces of uniform could be a PE T-shirt, a book bag, and a school jumper. Those are three things that it could be, and that every child would be able to have. If they are in secondary school, it could be a blazer. It is on us to make sure. We have to check that schools are working with this. For example, Penelope Ann could offer schools a mark-up price on that blazer. It may well be that one school says, “No, thank you,” but that other schools do mark it up. It is for us to check and make sure that the reality is that every single child can wear a piece of uniform and feel part of their school.

In short, it is common sense. It makes uniforms affordable for all kids and it is what parents and children have been asking for.

Children's Wellbeing and Schools Bill (Third sitting)

Catherine Atkinson Excerpts

Committee stage
Thursday 23rd January 2025 Public Bill Committees

[Neil O'Brien]

Thank you, Sir Christopher. I will include it here—I just wanted to double-check.

Although I have asked lots of questions about it, we totally agree with the spirit of the clause. In fact, in February 2023, the last Conservative Government published a strategy and consultation on reforming children’s social care called “Stable Homes, Built on Love”. That was partly a response to reports published in 2022, including the final report of the independent review of children’s social care, which was very ably put together by the hon. Member for Whitehaven and Workington (Josh MacAlister). The 2023 strategy said that, over the following two years, the Government would invest £200 million,

“laying the foundations for whole system reform and setting national direction for change.”

After two years, the Government would refresh the strategy, scale up the approaches and bring forward new legislation, and in a sense that is what is happening now. This Government are doing some of the things that we had hoped to do when we were in government.

We are obviously not against new legislation; in fact, as part of the strategy, we provided £45 million to launch the Families First for Children pathfinder in 12 local areas for the following two years. That was going to test some of the measures in the Bill, such as more multi-agency working and early, non-stigmatising help and group decision making. We set up those pilots partly because of one of the measures in clause 1.

Those pilots started in July 2023 and, frustratingly, the results are supposed to be out in the next couple of months. Because of the way that things happen in this place, we are in the slightly frustrating position of having done a proper experiment—we have tested the concepts in clause 1 in the pilot—as we always say we want to do as politicians, but we do not get to hear the results, which are potentially just weeks away.

Have Ministers had sight of early findings from those pilots? Would they be prepared to make them available to Members of this House and of the other place, either in written form or via access to those who have been doing the work of pulling the findings together? It is very frustrating: there is a good piece of evidence, on which a lot of time and money has been spent, and yet, at the point at which we are legislating, we do not quite have access to it. It is weeks away. I hope that Ministers will find a way to share the findings with Members of both Houses.

As I alluded to, I read the Foundations report. Based on a randomised controlled trial, it states:

“We estimate that if family group conferences were to be rolled out across England, 2,293 fewer children would go into care in a 12-month period”.

That would be about a 7% drop, so that is a very large effect. If the RCT is right and it is not just a pilot effect, the effect would be big. We have that estimate from an external group, but I would like to know what the Government think the clause will do to the number of people in care.

On the one hand, that is very encouraging. Having 7% fewer children safely flowing into care every year would be a glorious and fantastic outcome, which is why both sides are interested in the model. On the other hand, such a big change would bring with it some downsides and risks, as is inevitable when we are talking about so many children. The Foundations report concludes that

“There is a need to undertake further research”.

I therefore have another question for the Minister: what gold standard randomised controlled trial work have the Government planned to understand the impacts of the change if it is rolled out as we expect?

I am speaking specifically of the potential negative impacts, which will be smaller in number and hard to look at. We might think, “Wonderful, we have 7% fewer children flowing into care every year. That is great,” but what happens to the children who do not end up in care but have a bad experience in another way? We all hope that will be a much smaller number, but when there is a big upside, there will probably be downsides as well. It is important to have a piece of research in train to try to measure those downsides and check whether the good consequences that we hope for also come with negative consequences. Unless we have the research that Foundations has called for, we will not find that out.

We do not disagree on the attractiveness of family group decision making in principle, but we need to make it work and to minimise the risks. Our amendment is one way to do part of that. We need to make sure that we are seizing all the opportunities of this legislative moment; they do not come around too often, as the Minister pointed out the other day. As the Bill goes through, we need to get a lot more information about that consequential reform. That will come partly from the Government’s impact assessment, when it is published, and partly from the Government providing the answers to some of our questions.

I have given lots of examples, and I hope that Ministers will think very carefully about some of the suggestions that we are getting from the serious experts who have been doing this for a long time. They are totally independent—they just want the right thing for kids and to ensure that we get the upsides of this change, which we all support in principle, while minimising the downsides.

[Catherine Atkinson (Derby North) (Lab)]

I rise to speak to amendments 36, 37 and 18. It has been a number of years since I was regularly involved in care proceedings as a barrister, but I did so for the best part of a decade. I and a number of my former colleagues hugely welcome this requirement for family group decision making to ensure that it can consistently take place and that all kinship options are considered before there is an application to remove a child from their family and place them in care. I anticipate that the clause will mean fewer cases where lawyers have to get involved and where families are subject to care proceedings.

I am concerned about amendments 36 and 37, however, which would make the Bill more directive about children being present at family group decision making. The wishes and feelings of the child need, of course, to be considered at that meeting and the voice of the child should, of course, always be heard, but that is different from them being present at the meeting. It is really important that the discussion at that meeting is frank and meaningful—often, in that meeting, family members will be finding out, and coming to understand, the risks posed to a child. The appropriate way for a child to be told about their safety or an issue that parents need to tackle is likely to be very different, and more tailored, from what is appropriate for the adults in the room.

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[Munira Wilson (Twickenham) (LD)]

Does the hon. Lady recognise that amendment 37 proposes a presumption of inclusion but, where

“the local authority deems it inappropriate”—

for example, if the child is too young or because of the nature of the proceedings—the child would not be included? The problem with the Bill as it is drafted is that some local authorities, who do not necessarily respect the voice of the child or ensure that the child is involved, may routinely leave the child out of the discussion, even with teenagers who could be helpfully involved.

[Catherine Atkinson]

Giving that discretion is really important, but by saying “should”, amendment 37 would give a directive to the local authority to first look at including the child, and only reject that in circumstances where it can be demonstrated that including them would be harmful and inappropriate. In my view, that fetters the discretion and pushes things into a potentially harmful situation, especially given the number of children that we are talking about—not younger children, but definitely those at the upper end. In my view, we should not fetter the discretion. I do not think that that kind of directive is helpful in those circumstances.

On amendment 18, I do not need to be told how important it is that childcare proceedings are conducted quickly and without delay. At the moment, the 26-week time limit set out in the Children and Families Act 2014 is not met in over two thirds of cases. I think we are averaging 41 weeks—which is better than last year, when it was nearly 45 weeks—and that includes cases where everything is agreed and not contested.

My former colleagues are regularly involved in cases lasting over a year and some lasting over two years. I do not think that, in the 10 years since the 26-week limit was enacted, the majority of cases have ever been completed within six months. The amendment is therefore somewhat incongruous given what we have seen over the last 10 years—I think that a number of my former colleagues would consider it brass neck.

The amendment does not do anything to ensure that we deal with cases rapidly, because the 26 weeks starts when an application is made, but the whole point of the clause is that family group decision making needs to take place before an application is made. In my view, the amendment does nothing to restrict the time to 26 weeks, because clause 1 does not have an impact on that timescale at all, and it certainly does not prevent local authorities from holding family group decision making earlier.

I am somewhat provoked to note that it was the coalition Government’s Legal Aid, Sentencing and Punishment of Offenders Act 2012 that cut all legal aid for private family law cases unless there are allegations of abuse. Out-of-court or pre-proceeding discussions and settlements, and the involvement of professionals, have therefore become far harder since 2012.

[Ellie Chowns (North Herefordshire) (Green)]

It is a pleasure to serve under your chairmanship, Sir Christopher. I rise to speak to amendment 49 regarding family group decision making at the point of family reunification.

Reunification—the process of returning a child in care to their family—is the most common route by which children leave care, accounting for 27% of all children who left care in 2023. It is also one of the most sensitive and significant transitions a child can experience. When done well, it can offer children stability, security and permanence at home with their family, but too often the reunifications fail. In fact, one in three children who return home then re-enter the care system, so thousands of children are enduring yet more displacement, disrupted attachments, instability and broken trust.

The human cost of those failed reunifications is immeasurable, but the financial cost is also stark. Failed reunifications cost the public purse £370 million annually—money that would be better spent supporting families in the first place. Research tells us that too many reunifications break down because families do not receive the support that they need to make that process successful, tut there is no national strategy for supporting reunifications. Support across the country is inconsistent, and alarmingly, 78% of authorities report that the support that they offer is inadequate—the authorities report that themselves.

Amendment 49 provides a clear, practical, evidence-based solution—effectively a mirror to the Government’s clause 1. The amendment would require local authorities to offer family group decision making no later than one month after the discharge of a care order for the purpose of family reunification. Of course, in practice, it is envisaged that the family group decision-making process would be offered before the child returns home to support that return.

As the Committee has already heard and discussed, family group decision making is a powerful tool. It brings families together to identify solutions, develop a plan and build a network of support around the child. It can empower families to take ownership of the challenges that they face, and foster collaborative work with professionals that promotes the safety and wellbeing of the child while also amplifying the child’s voice. My argument is that that is as important towards the end of a care process as it is at the beginning.

Family group decision making is well established and recognised as best practice by professionals. We already have clear evidence on its effectiveness, and we are awaiting more, as the hon. Member for Harborough, Oadby and Wigston said. However, the lack of a statutory duty to offer it has led to patchy practice across the country. One third of local authorities do not offer family group decision making at all during reunification. Amendment 49 addresses that gap. It would ensure that every family in England has the opportunity to benefit from that approach. The requirement in the amendment is to offer it; it does not impose any sort of time limit.

Some Members might worry about the practicalities or cost of introducing the duty, but as I have already explained, the breakdown of family reunification is an incredibly costly process, both financially and for the child’s welfare. The amendment is a financial cost-saving measure as well as a child-centred one. Research shows that providing support to meet a family’s needs during reunification costs just £7,857 per child. By contrast, the cost of a single reunification breakdown is £105,000. Amendment 49 would be

The amendment is practical and allows for professional judgment, recognising that every family is different. Where a meeting is not in a child’s best interests, the local authority would be exempt from the duty to make the offer, and that flexibility ensures that the needs of children always come first. The amendment also complements existing provisions in the Bill. It effectively mirrors the duty to offer family group decision making before care proceedings, and therefore offers a coherent support framework at both ends of the care process—effectively bookending it. It brings much-needed consistency to a fragmented system.

With more children in care than ever before, as we have noted, and with children’s services under immense strain, the amendment represents a real opportunity. By embedding family group decision making we can enable more families to stay together, reduce the number of children returning to care, which is an incredibly damaging process, and relieve pressure on an overstretched system, all while delivering better outcomes for those children. This is about fairness, consistency, investing in what works and ensuring that all reunifying families, not just some, are given the help they need. It is about recognising the importance of successful reunification within the care process. I very much look forward to hearing the Minister’s reflections on the proposal and the other questions raised this morning.

Children's Wellbeing and Schools Bill (First sitting)

Catherine Atkinson Excerpts

Committee stage
Tuesday 21st January 2025 Public Bill Committees

[Ellie Chowns]

Q Clause 8 specifies that local authorities need to set out a local offer. You have talked about the need to avoid fragmentation, and about corporate responsibility across the country and across Departments. Would you like to see the Bill amended to require a national offer of support to care leavers, and what do you think should be in it?

Ruth Stanier: We certainly would want to see corporate parenting duties extended at a national level to Government Departments and relevant public sector bodies. We think that is incredibly important. Otherwise, we are very much supportive of the measures in the Bill in respect of the kinship offer, though we think it is important that there is a clear threshold for that support so that it is realistic and affordable and can be implemented.

Andy Smith: I would support that. A national offer for care leavers is an interesting concept. There should be some absolute minimum requirements we expect in an offer, and I think you would broadly see that in many councils in what is provided for children in care and for care leavers. It is usually co-produced with representatives who were care leavers, and with councils and so on. I think that would be an important reflection within the context of a much broader understanding of corporate parenting.

[Catherine Atkinson (Derby North) (Lab)]

Q We heard in earlier evidence that spending on early intervention has reduced while crisis costs have significantly increased. What do you think will be the impact of early intervention, including family group decision making, primarily on outcomes but also, in the longer term, on costs?

Ruth Stanier: We very much think that the measures in the Bill will help to pull funding to the left, further upstream into prevention. We warmly welcome the Government’s recent investment in the children’s prevention grant. We think that the measures should help to improve outcomes and reduce costs over the longer term.

Andy Smith: It is absolutely a false economy not to invest in early help and early intervention. We know that the evidence base is so strong on children escalating into higher-cost services. My authority has invested in early help services, and we have an edge of care team that targets children on the edge of the care system. When we are able to prevent them from going into care, we track the cost avoidance, looking at what a typical placement might have cost. We have saved in excess of £5 million over the last three years in cost avoidance.

The case is well argued. The challenge is that councils are at different starting points because of the way in which funding has been eroded over the last 10 years and the fact that many councils have to prioritise the higher-cost services, which often take away from early intervention. It is a false economy. If we can get the funding right, the Bill offers us an opportunity to invest in family help and early help services and start to see impacts much more consistently. We are beginning to see some of that from the 12 Families First pilots that are taking place.

[Patrick Spencer]

Q I completely agree on the need for stable safeguarding teams, and they are in the better interests of children, but can you completely rule out any risk that a statutory cap on the use of agency workers will lead to people leaving the profession?

Andy Smith: I cannot absolutely rule that out. We have significant churn in social work, and that is part of the challenge—that we are struggling, as a system, to recruit and retain social workers. We have lots of routes into social work, and we are doing lots to promote the role. I am a social worker. I love it, and it is brilliant, even though I have not practised for a number of years now. The measures in the Bill will go some way in setting some rules around how and when social workers can move into agency social work, but I cannot guarantee that it will stop or prevent the churn in the system. The Bill outlines one tool that will help with the stability that we need in the workforce, and that ultimately leads to better outcomes for children.

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[Ellie Chowns]

Q Or even beyond 21.

Jacky Tiotto: Well, yes.

[Catherine Atkinson]

Q We have seen the number of children in care rising really significantly. Looking at the child protection measures, the kinship clauses and the family group conferencing, what do you feel the overall impact of Bill will be on the numbers of children in care?

Jacky Tiotto: It is difficult. We have primary legislation in the Children Act 1989 that says that, in this country, we think the best place for children is growing up in their family or with relatives. When the 30-year review of the Children Act happened, people still signed up to that; this Bill definitely reminds us and provokes that intention again.

The difficulty is that the formality around protecting children is burdensome, rightly so. So in my view some of the construction of this has to be a bit more thoughtful about the children who are going to do well in their families and the children who are not going to stand a chance and need, quickly, to move to permanence and to other places.

Residential care is not doing particularly well for children with very special needs. We struggle to recruit foster carers because the resources around them are not there. It is the shape of what is around those other places, not residential care, that needs to be elevated, in order to reduce the number of children coming into care. Just having family group decision-making conferences or kinship alone is not enough; I do not know anyone saying it is.

I do not know how many of you are familiar with the chief social worker paper from a few years ago called “Care proceedings in England: the case for clear blue water”. A very good, strong case was made for, “Don’t come into court with children where it is going to end up either with them back at home or with a supervision order that gives no statutory power to the local authority. Come into court for the kids that really need a care order and protection and to go somewhere.” We could revisit the extent to which that is an effective situation.

A third of children who come into family proceedings now either remain at home or go back home. I make no judgment about that, but a third of children going through family proceedings is expensive. We need to think about what the point at issue was and what was needed at the time. Will the serving of that order deal with the problem at the time? Often, what has gone wrong in child protection will not be solved by just making a court order, particularly a supervision order. I could be here for a long time on that, but that is another Bill, probably another day.

[Darren Paffey]

Q The Bill proposes a number of measures on illegal children’s homes and a topic you have already mentioned a couple of times—deprivation of liberty, when that does not necessarily need to be in a secure children’s home. What are your reflections on how effective that is going to be in terms of protecting vulnerable children? Do you foresee in particular any impact on family court proceedings if there is now a different outcome in terms of what judges can decide?

Jacky Tiotto: I do not think so, in terms of the strengthening of section 25 of the 1989 Act so that other accommodation can be used that is not a secure children’s home, but I think there is a gross underestimation of how intensive it is to look after those children. That is not just a today thing—it has been coming for 20 years, when we stopped running children’s homes in local authorities, really. The provision of the accommodation in the way that the Bill sets out is good but, as I said before, the issue is about who runs it and how much the staffing costs are for running very specialist provision—

Children's Wellbeing and Schools Bill (Second sitting)

Catherine Atkinson Excerpts

Committee stage
Tuesday 21st January 2025 Public Bill Committees

[Patrick Spencer (Central Suffolk and North Ipswich) (Con)]

Q That is an interesting point, Sir Martyn. You had the freedom to hire a teacher when you saw fit. We have just heard that the Government intend this Bill to be predominantly about setting and improving standards in our school system, but it does curtail certain freedoms for schools. Have you any thoughts on the freedoms that are being curtailed in this Bill? Also, in your experience at Ofsted, what are the components that are necessary and common when schools turn around and you see them improve?

Sir Martyn Oliver: Lee and I will answer this one together. The components we see are the ones that we set out in the Ofsted framework, on which I am about to consult. The quality of leadership and governance from those running the organisations is always No. 1. Then, very quickly, it is the quality of the curriculum, the ability of teachers to deliver that curriculum, and the outcomes that children receive. It is then everything else: behaviour, attendance, personal development, wellbeing. All these things form part of our inspection regime. We test and check them all.

Lee Owston: In my 13 years as one of His Majesty’s inspectors, I have always observed in schools that there is a mix of colleagues who are delivering the curriculum. The absolute beauty and purpose of inspection is to get underneath, on the ground, the difference you are making to the children in front of you, whatever qualification you might have, if any. It means asking questions of the leaders about why they have decided to do what they have done in the context in which they are working. Ultimately we report on whether whatever decision a leader has made ultimately has the intent of making a difference so that, whatever background a child comes from, it is allowing them to succeed.

[Catherine Atkinson (Derby North) (Lab)]

Q We heard from the Children’s Commissioner that the number of children who are missing from education and at risk of child sexual exploitation has been getting worse. I am interested in your views as to why.

Sir Martyn Oliver: We see quite a number of issues. I spoke recently in my annual review, which I laid before Parliament in December, about home schooling and flexi-schooling. To be clear, many children are very well flexi-schooled and home-schooled, but I am very concerned about those who have been withdrawn from the school’s register for all the wrong reasons. Dame Rachel recently mentioned the very sad case of Sara Sharif.

If a school is recommending that a child be placed in front of the child protection team, it should clearly not be possible for a parent to then withdraw that child from that oversight of the professionals and place them in home education. Not only is having a register of children who are not in education massively important for keeping individuals safe, but it will be of significant benefit to Ofsted. In the Bill, there are sharing powers between the DFE, the local authority and Ofsted that will allow us to investigate for unregistered and illegal schools, so we will be better able to determine where they might be taking place. That will be hugely beneficial for keeping children safer.

[Catherine Atkinson]

Q You were talking about “broad and balanced”. Given the 47% drop in arts subjects at GCSE, do you feel that more needs to be done to ensure that we have an even broader range of subjects that can be enjoyed?

Sir Martyn Oliver: Speaking as a qualified teacher of fine art, absolutely.

[Catherine Atkinson]

I am very pleased to hear it.

[Damian Hinds (East Hampshire) (Con)]

Q Thank you for being with us today, Sir Martyn. When your HMIs find academies or academy trusts significantly deviating from the national curriculum, what are the usual reasons and in what ways do they deviate?

Sir Martyn Oliver: Actually, the education inspection framework that we currently use significantly reduced the deviation of academies because it set out the need to carry out a broad and balanced curriculum. That was interesting, because it was not what was set out in the articles of the individual academies and those freedoms, so Ofsted has been in tension with those articles for quite some time.

The Bill puts everyone on the same footing. I think that there is good in that, but speaking as HMCI, as a previous chief executive of one of the largest trusts, as a headteacher and as a teacher for 30 years, I would always want to give headteachers the flexibility to do what is right for their children, as long as it ultimately delivers the broad and balanced education that you would expect all children to receive.

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[Patrick Spencer]

Q For what it is worth. Luke Sparkes, do you have anything to add on top of that?

Luke Sparkes: I do not have a huge amount to add beyond agreeing with what colleagues have said. My most significant concern, as I have said, is about conditions for teachers. On the point about capacity within local authorities—I can only speak on the local authorities that we work with, which we try to have positive relationships with—they probably would not have the capacity to do the kind of things you said around school improvements.

Trusts were set up purely for the purpose of running and improving schools, and nothing more or less than that, so we have the expertise and capacity to do that school improvement work. I agree with Sir Dan that, when trying to turn around a very challenging school, it is much better when it is within the accountability structure of a trust as they are able to move much quicker. I am interested to see how the regional improvement for standards and excellence teams develop. They seem similar to what national leaders of education were in the past, and they did not always necessarily have the teeth to do what was needed, so I am interested to see how they develop, but for me, the significant concern is about conditions.

[Catherine Atkinson]

Q We heard from the National Association of Head Teachers that they wanted to see more collaboration, and some concern was expressed that not enough collaboration was taking place to date. I would be interested to hear your views as to how we can improve that, and whether you would acknowledge that, across a lot of different areas, it is not happening to date. I understood what you said in relation to narrowing to core, but given that we are in a position currently where we are seeing a 47% reduction in arts GCSEs, and in Derby the only place you can do engineering at high levels is the UTC in the college, there is some concern that that narrowing has cut off some opportunities to some of our young people. I would be really interested in your views, both on collaboration and on trying to ensure that we have a really broad option for all our children.

Luke Sparkes: In terms of curriculum, we have always tried at Dixons to give as much breadth as possible. Our curriculum is fairly traditional. It does focus on the EBacc, but it has done so since before the EBacc existed. We have always specialised in the arts and sports as well. We have two schools with an arts specialism. We have always valued those, so I would agree with you that breadth is really important. There is a place to have, at a macro level, some kind of framework that is evidence-informed around the subjects that should perhaps be taught, but we also need the ability to enact the curriculum in a responsive and flexible way at a local level. I can see the desire to get that consistency, but there needs to be a consistency without stifling innovation. I support the idea that there needs to be breadth, but I think we have demonstrated that.

[Catherine Atkinson]

Q So you are doing something, but that is not necessarily happening across other trusts and academies?

Luke Sparkes: I cannot speak for the whole sector,but I can say what we believe.

Sir Dan Moynihan: I agree with you on breadth, and we too emphasise the EBacc. Around 40% of our kids are pupil premium and another 30% are just about managing, highly disadvantaged children, but we want them to learn history, geography and a modern language to 16 because that gives them cultural capital that they will need. That does not mean that they cannot be doing high-quality vocational qualifications alongside. The only way to engineer that is to broaden the range of qualifications that will count towards measures such as Progress 8. That will be the incentive that the system needs.

Collaboration is, of course, a good thing as long as it is focused on standards, and does not alternate or deviate from that. It is possible to spend a lot of time talking in talking shops, but what we need is collaboration between multi-academy trusts and schools that is about sharing best practice. That will raise standards.

Sir Jon Coles: On collaboration, it has always been an issue in the school system that practice gets trapped within the boundaries of institutions. Around 20 years ago, when I was setting up and running London Challenge, you could walk from one school to another in London and you would find outstanding practice in one school, and in the next school down the road they would have absolutely no idea what was going on. Occasionally you would find a forward-thinking, energetic and effective local authority—such as Tower Hamlets in what it did with primary school literacy and numeracy, which had created a really collaborative structure in which great practice was being shared and standards were improving. But if you went to the next borough, it would—almost because Tower Hamlets was doing it—not be doing it.

This problem of practice getting trapped within institutions has always been there and remains an issue in education. One of the things I set up post-Department was Challenge Partners, which is about sharing practice across the system and trying to use some of the school-to-school collaboration ideas we had in London Challenge. That is powerful and effective, and where that is working it is good.

The best collaboration in the system at the moment is within academy trusts, because they are under a common governance and people are sharing practice very openly. The next challenge is how we share practice and get collaboration working beyond the trust. We do a lot of work on that: working to support schools that are struggling, sharing leaders and leadership, sharing our subject advisers beyond the trust, working with governors and leaders in other trusts to support them, trying to be part of professional development programmes for leaders and staff, and offering our curriculum resources and our professional development beyond the trust.

Of course, the risk is that people think you have some ulterior motive for doing that or that it is predatory. It is an ongoing piece of work. I think it always will be ongoing within the education system.

[The Chair]

We will have to leave this evidence session there; we have come to the end of our time for it. I thank all three witnesses for their evidence. We will now move on to the next panel, but I will have to suspend briefly because one of the next witnesses is online and we have to make sure that we can get the connection right before we start.

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[The Chair]

There is time for a few brief questions from Members.

[Catherine Atkinson]

Q How do you think the Bill will help to stop children falling through the net? How can it help to support families, in the cost of living crisis, with the costs associated with school?

Catherine McKinnell: Those are two quite big issues. Do you want to start on cost savings, Stephen?

Stephen Morgan: As we have heard today, too many children are growing up in poverty in our country, and that is why it is important that the ministerial taskforce concludes later this year and decides what actions can be taken forward. As of 2023, one in four children were in absolute poverty, and that is why I am so pleased with the many measures that will make a big difference to children’s lives up and down the country. Take breakfast clubs, which we know are good for attainment, behaviour and attendance: they will put £450 per child, per year, back in the pockets of parents, but also bring real benefits to children. More broadly, the commitments around uniform limits will make a real difference, as we have heard today, and will save the average parent £50. A series of measures in the Bill will make a real difference in the cost of living challenges that parents up and down the country are facing. Thank you for the question.

Catherine McKinnell: On keeping children safe, I know that this is an area that you have spent a lot of time working in and have spoken about. The register of children not in school will be an important step, and has had cross-party support in this House for some time. We will also have the single unique identifier, which will be a way of making sure that information about a child does not fall through the gaps, and that children do not fall through the safety gap.

There is also a whole raft of changes that aim to ensure that multi-agency working is embedded in our approach to safeguarding, as well as measures to try to keep children within the family unit, wherever that is possible, and strengthen the approach to kinship care. We have put funding in place to support local kinship care arrangements and are trialling better information being available. There is a range of measures, and clearly this is a big priority for us in the Bill.

[Damian Hinds]

Q I am conscious that we are short of time. This Bill is really like two Bills, with the children and social care section and the schools section. Were there discussions about making it two separate Bills? You could have pressed on at all speed with the social care material, which has been around for quite a long time—some of it was in the 2022 Act. That would have enabled you to have a Green Paper, a White Paper and pre-legislative scrutiny, and perhaps to address more of the questions up front.

Catherine McKinnell: I appreciate the premise of the right hon. Gentleman’s question. I appreciate that he is very experienced in this place and that he has had the experience of being in government for quite some time, and having the opportunity to do all those things and make the necessary changes. We wanted to move as fast as we could to make the impact that children need to see, particularly in safeguarding. We also wanted to make the long thought-through changes to our school system to support our opportunity mission and break down those barriers to ensure that every child has every opportunity to succeed. Admittedly, we are not going to lose any time in making the changes that we want to see, and we have the opportunity in the parliamentary time allocated to us.

Special Educational Needs and Disabilities

Catherine Atkinson Excerpts

Thursday 24th October 2024 Commons Chamber

[Catherine McKinnell]

The hon. Gentleman is, as always, characteristically constructive in his contribution, and I thank him for that. I am more than happy to take away his suggestion and consider it as part of our wider reform of the system.

[Catherine Atkinson (Derby North) (Lab)]

There are more than 20 cases in my constituency of children with special educational needs and disabilities who are missing out on care and school placements, and I am meeting the council about them tomorrow. I thank the Minister for speaking with me this week about the concerns of families. Can we make it a priority to help local authorities to offer these children the best possible placements?

[Catherine McKinnell]

I wish my hon. Friend well in her meeting tomorrow. We know the challenges in the system, and they are laid bare in the National Audit Office report. There is no shortage of will right across the House to get this right and to put the system right. As we draw to the end of these questions, I must reiterate that it will take patience, because there is no quick fix to the situation we have inherited. However, we are determined to fix it, and we will do so on an ongoing basis and as quickly as possible.

SEND Provision

Catherine Atkinson Excerpts

Thursday 5th September 2024 Westminster Hall

[The Minister for School Standards (Catherine McKinnell)]

It is an honour to serve under you as Chair, Mr Betts.

I congratulate the hon. Member for Leeds East (Richard Burgon) on securing a debate on this incredibly important subject. The fact that it is so well attended shows how important it is. I pay tribute to all hon. Members who have managed to make their contributions today, ensuring that their constituents’ voices are heard. I would like to be able to respond to all the individual points, but the sheer volume of speakers will make that challenging. I also pay tribute to those present who have prepared speeches but have not been able to deliver them. I know their constituents want their voices to be heard in this debate as well, and I pay tribute to the effort that Members put in to attend and to show such a level of support.

[Catherine Atkinson (Derby North) (Lab)]

Will the Minister give way?

[Catherine McKinnell]

I will give way in a moment.

The strength of feeling on this issue is clear. Most of all, I reassure the Chamber that this Government are absolutely committed to tackling it. It is key to breaking down the barriers to opportunity to give every child the best start in life, and that includes all those with special educational needs and disabilities, to give them the right start in life to have a successful education and to lead happy, healthy and productive lives.

I warn the Chamber that I will not be able to take many interventions, but I will take one from my hon. Friend the Member for Derby North (Catherine Atkinson), who got in so fast.

[Catherine Atkinson]

My constituent, Hayley, wrote on my social media,

“After years of being unheard or ignored, I feel a small sense of relief that this is now being taken to parliament and discussed, even though I understand there is a long way to go”.

I thank the Minister for her speech. Can I share with her, another time, the testimonies of the many constituents who have contacted me ahead of this debate?

[Catherine McKinnell]

I thank my hon. Friend for that intervention. I think she speaks for many here today, and many of those watching this debate as well. We are listening; we are committed; we want to work across the sector and with everyone here in order to turn this around. More than 1.6 million children and young people in England have special educational needs, and we know that, for far too long, too many families have been let down by a system that is not working. As mentioned already, the former Secretary of State for Education described the system as “lose, lose, lose”, and I know there is agreement in this room that that is very much the case.