Childcare Bill [HL]

Earl of Listowel Excerpts

Wednesday 1st July 2015 Lords Chamber

Unless the Minister can accept those two critical recommendations, it will be extremely difficult for the House to have a proper and full debate on Report to test the Bill.

[The Earl of Listowel (CB)]

My Lords, I thank the Minister for this announcement. Having worked with him on the children Bill, which he led through Parliament, I know how very hard he works to listen to Peers’ concerns and to respond to them, so I am very grateful to him for this response. I also know that his first ambition is to make a difference to children in this country. I am sure he will agree that, by delaying the Report stage and allowing us to gain more information, we will be in a better position to challenge him and work with him to get the best Bill and one which will make the most difference to children. Therefore, I warmly welcome the Minister’s announcement.

[Baroness Eaton (Con)]

My Lords, I find it very surprising that today the Opposition have decided that the Statement on child poverty made in the other place by the Secretary of State for Work and Pensions should not be repeated and discussed here. The Statement details the Government’s approach to tackling the root causes of child poverty and improving the future life chances of young people. Instead of debating child poverty as a matter of public importance, the Opposition have chosen to have a debate about procedural matters, when the Government have already made it quite clear that they have responded to their request to defer the Report stage of the Childcare Bill to October.

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That leads me to be very supportive of the amendment of the noble Baroness, Lady Jones, which seeks to get all that information upfront so that we can look at it and, as is our duty, make a proper decision about the contents of the Bill. It is about not the principle but the detail. The detail matters for children and their families. I urge the Minister to reflect very carefully on the lack of detail before us, and to make sure that we get it on Report so that we can do what we should be doing, which is to scrutinise the detailed content of this important piece of legislation.

[The Earl of Listowel]

My Lords, I rise to speak to Amendment 29, and first declare my interest as a newly appointed vice-chair and parliamentary representative of the Local Government Association. I omitted to thank the Select Committee and the Opposition for their part in ensuring that we have this thinking space before Report on this very important Bill. I absolutely agree with the noble Baroness, Lady Pinnock, and I was pleased to hear the passion in what she has just said.

I do not think it a good thing if a newly elected Government with a manifesto commitment and with a majority feel timid about taking action. I very strongly opposed the Academies Bill, which was introduced under the coalition Government. I do not feel it is wholly redeemed, but I think a Government have to be fairly bold, and maybe do new and dangerous things. Sometimes those can have very good outcomes. In what became the Academies Act, I think the power given head teachers has been a very good thing.

I think it is a difficult balance for a new Government. They need to assert themselves, and they should not be too timid, but for something as important as this—and I totally agree with the noble Baroness—time, thought and consideration are vital. I am happy that we have had this opportunity for extra thinking time.

In my amendment, I call for a commission to be set up:

“Within two years of the coming into force of”,

the Act, which will look,

“with particular regard to value for money”,

in childcare provision. Under the amendment the commission would appoint,

“the Children’s Commissioner for England … a representative of the Institute for Fiscal Studies, and … a representative of the Nuffield Foundation”,

to look at value for money in the childcare sector. I have done this because I have been rather shocked in the past to see from international comparisons of the cost of childcare how expensive it is in this country. I am concerned that the taxpayer is not getting value for money.

I must apologise to the Childcare Minister. In a recent meeting when he briefed us on the Bill, I am afraid that I put words into his mouth which he did not use. He did not refer to his concern that the cost of childcare in this country is higher than in other nations; that was a concern expressed by his predecessor in the other place, his colleague Elizabeth Truss. I apologised to him for that but he did point out that childcare provision in this country has been part of a piecemeal process. Over the years, it has been rather reactive and there has not been a strategic view of what we should be doing, so I hope that your Lordships might think this a worthy consideration.

One particular concern I have is that while parents are the drivers here—the money goes to where they choose to place their child—I know from research that they will often choose price over quality. That is absolutely understandable when you are desperate for childcare, but because we all know that quality is so important, we may need to think of other ways of funding the way the market works to ensure that there is more of an incentive to improve quality, rather than simply to have extra provision.

I will also speak briefly to my colleague and noble friend Lord Sutherland’s amendment, 38A. I do not have it in front of me right now but, having looked at it briefly, I felt that he had made a very helpful contribution in saying that there should be a longitudinal study of the impact of early years childcare. The development of children who experience early years provision is fundamental. I am sure that my noble friend Lord Northbourne will raise the question today of what happens in early childhood, and particularly how the relationship between mother and infant is mediated by early years care. That is fundamental to how we make mature relationships as adults. So much of the security and success of our relationship with our partners and children depends on what happens in early childhood. Perhaps we can get more information on this long distance between infancy and the ages of 25 or 30, when we start to make our own families, and even look at the next generation on. It would be really helpful to have a study to look at the impact of this, so I welcome my noble friend’s amendment.

[Lord Sutherland of Houndwood]

My Lords, I believe we are in a much better place now than we were during Second Reading and I thank the Minister for the part he has played in that. I also thank the usual channels, who I am sure were not silent when critical issues came up.

That being said, there are still some major issues and some of these amendments deal with them very well. Pro tem, until we see how much information we will have before Report, I would be inclined to give my support to Amendments 1 and 27—particularly Amendment 27, because we need to be clear that the regulations that do not come before this House deal only with practical constitutional matters. In principle, I give my support to both these amendments and we will see how things develop between now and Report. Effectively, the Government are under detailed scrutiny here and I encourage the Minister to do all he can to work with the good will around this place to bring about a successful conclusion.

That being said, I will refer briefly to my own Amendment 38A, which is quite different from the others. It recognises the fact that excellent work of a longitudinal nature has been done—for example, in the EPPE and EPPSE reports—with the encouragement and sponsorship of the Department for Education under two different Governments. That is something we welcome. We should look at the value of that work, which was evident to the Select Committee, with a view to continuing with a similar evaluation of what government policies bring about. The EPPE study takes children from the age of three. This legislation might alter that age and, if so, is an additional reason to look for the ways in which early education impacts on later educational opportunity.

I am looking for an indication from the Minister that the department still attaches great importance to building up this long-term database of how well or ill any particular policy might be working.

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[Baroness Jones of Whitchurch]

My Lords, I welcome the proposals of the noble Lord, Lord Sutherland, and the noble Earl, Lord Listowel. I was also very interested to hear what the Minister said about the research that is taking place and I will look at that in some detail in Hansard in due course. I will also scrutinise very carefully the wording of the information that the Minister has now provided about the timeline and I welcome his suggestion of a road map. I think that would help all noble Lords to understand what we can expect on Report.

The critical issue here is not an October deadline. I am grateful that the noble Lord has offered that but it is more important to get the information right than to tie ourselves down to an artificial date. Whether it is October or November does not matter. What matters is that we are furnished with all the information that the Minister is now saying that we will get. I would hate to think that some of this work is being rushed to meet an artificial deadline, so I will just put that marker down, but if it can be ready by October, that is fine.

A number of noble Lords have said that we have had the procedural discussion and the procedural row and I agree with that. We are keen to move on with the detail of the Bill now so let us put the process behind us. I look forward to the information the noble Lord has given and will give in the follow-up letter and I hope that we can go forward on that basis.

I have one last caveat. The Minister talked about the draft regulations. Again, I need to check exactly what he said, but our Amendment 27 says that the regulations should be affirmative, which is an important principle. It is what the Delegated Powers Committee recommended and I hope the noble Lord will take that on board so that we can have a proper opportunity to debate the regulations, not only in draft form but in their final form, before they are put on the statute book. With that caveat, I beg leave to withdraw the amendment.

[The Earl of Listowel]

My Lords, before the amendment is withdrawn—I apologise for being slow off the mark—may I make a brief comment? I thank the Minister for his careful response, which I appreciated, and for your Lordships’ comments on my amendment.

On my noble friend’s amendment, I take it that the longitudinal study referred to by the Minister will finish fairly early in the children’s lives. It seems that our discussion is about longitudinal studies that are focused mainly on the educational outcomes and maybe a little on child development. The EPPE study terminated at either 16 or 18, but here it may be slightly earlier.

My concern is that we need some means to think about the long-term impact of early years care. We are becoming more and more aware of the importance of a secure attachment in the early years. I visited the Anna Freud Centre over quite a period and spoke to professionals at Coram. To give an example of the importance of a secure early attachment, they have developed a means of assessing potential adopters. With that tool, they can learn about the adopters’ own experience of their early childhoods, and from that discussion they can assess how secure the child that would be placed with them is likely to be. To simplify grossly, if the adopters have had a secure attachment in their own lives, it is likely that they will be able to give a secure attachment to an infant placed with them, even if that child is quite challenging, because they had a very good experience early in life. This is a very important thing to keep in mind.

I am sorry to bore your Lordships with this—I mention it so often—but in this country about 22% of boys and girls are growing up without a father in the home and, according to the OECD, we will overtake the United States in a few years. It is of course deeply distressing for children when their parents separate, and hugely economically costly for us as a nation when families break down.

I am sure many of us would feel reassured if there was research that looked at the experience of early years provision and the early years experience of childhood and connected that with the success of family relationships down the road. Maybe the Minister will think about that, and then we can discuss it at another point. I thank noble Lords.

Amendment 1 withdrawn.

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I suggest, as did my noble friend Lady Jones, that the Bill is the wrong way round—“topsy-turvy”, I think she said. A Bill on childcare should look first at the best interests of the child. Childcare and early years provision should help disadvantaged children—and, of course, all children. This is the best interest of the child. We see in a report published last week, and referred to earlier, that there are serious challenges with regard to early literacy skills, particularly with boys. Fundamentally, and worryingly, early disadvantage can mean less chance of success later in life. I therefore want us to state in the Bill, loud and clear, that the welfare of the child is paramount and to go on from there. It is only by doing this that we will make real differences. I beg to move.

[The Earl of Listowel]

My Lords, Amendment 4 in this group would insert “high-quality” into Clause 1(1). Amendment 6, which we will come to later, similarly inserts those words into this subsection. It also asks the Secretary of State to produce a strategy for developing high-quality care within six months of the Bill coming into force and lays out that the strategy should include,

“a target for the number of graduates in the early years workforce”—

I am not sure whether it is a particularly helpful target so I will not discuss it—

“a target for the proportion of managers of early years settings who are graduates, and … a plan for increasing the number of nursery schools to a specified level”.

The reason I tabled this amendment is, in part, the same reason that I gave earlier: what happens at the very beginning of our lives affects our adulthood to a huge degree. This is something of which we are becoming more and more aware. The intimacy that we experience in childhood is very much what allows us to have intimacy as adults. If that experience of intimacy as a child causes fear and disquiet, then, as an adult, we may find it difficult to be intimate with others, which has a huge impact.

Quality is really important. I was grateful for the opportunity to speak to the Childcare Minister and to hear, for instance, that he is looking at sharing early years practitioners with schools, perhaps in reception. I hope that a strategy will look at these innovative ideas so that perhaps it would become normal for early years practitioners to move into primary school education and for primary school practitioners to move the other way. It would greatly enrich learning in primary schools; a really good understanding of child development—which can be developed in particular by working with and observing infants—could be really helpful for primary school teachers. Anna Freud said so to a group of teachers back in the 1930s or 1940s. As a teacher, your job—or an important part of it—is to understand child development, recognise when the child has strayed from the normal course of child development and know how to bring that child back on to their proper developmental course.

That notion is important. We might also look at a strategy of co-training—something that I know has been discussed in the past—whereby early years professionals train with health visitors, mental health nurses, social workers and family support workers to strengthen their understanding of, and develop a respect for, what others do so that they can work more effectively. It is a multi-agency way of getting the best outcomes for children.

The noble Lord, Lord Storey, alluded to concerns about the number of graduates leading early years provision and the evidence that we are unlikely to get the outcomes that we want if graduates—I think they have to be the right kind of graduates—are not leading settings. I had some acquaintance with the manager of a Montessori school in London. She was an Oxbridge graduate and we had many interesting conversations about her work. I was struck by how very thoughtful she is. Clearly her children must benefit from the degree and depth of thought that she gives to her work.

I have mentioned previously one element that is really important in a nursery setting and that is the “key person”—a designated early years practitioner who is responsible for each child. In a sense, the key person is the guardian of secure attachment while the child is placed in a nursery. However, there are two difficulties with that. First, it can be quite distressing for the key person from an emotional point of view because they become quite attached to the child and the child becomes attached to them. If they move on or there is a break in the care, the child will be upset, as will the key person. So, from an emotional point of view, there is pressure on them not to really engage with and care for the child. Secondly, some parents will be jealous that their infant is forming such a close relationship with someone in the early years setting. These things have to be thought through very carefully so that the child does not grow up in a sterile, unemotional environment but in a rich, warm environment. That is why I have tabled my amendment, and I look forward to the Minister’s response.

[Baroness Tyler of Enfield (LD)]

My Lords, I shall speak to Amendment 20 in my name. However, before doing so, I want briefly to lend my support to the amendment in the name of the noble Baroness, Lady Massey. I feel that it is a very important amendment as it provides a necessary rebalancing in the Bill between the needs of the child—we heard the statement about putting the child at the heart of the Bill—and those of working parents. Both are important but we have to think very hard about how those two interests and sets of needs can be best balanced.

The amendment to Clause 1 in my name would require regulations to set out the quality standards that childcare providers must adhere to in order to deliver the 30 hours of free childcare. Essentially it is about the quality of the childcare to be provided and it is a probing amendment.

While it is encouraging that the quality of childcare is gradually improving—we heard about this at Second Reading—there are still insufficient numbers of high-quality free entitlement places for three and four year-olds and disadvantaged two year-olds, resulting still in too many children attending poor-quality settings or being unable to access provision that meets their individual needs. Some 15% of disadvantaged two year-olds are attending settings that have not been judged good or outstanding by Ofsted. We know that this position is particularly stark both for children with special educational needs and disabilities—we will come later to amendments that focus on that group of children—and for disadvantaged children. I thought that the Affordable Childcare Select Committee report—I declare an interest as a member—was particularly strong in pointing out that childcare provision in deprived areas is less likely to be good or outstanding than that in affluent areas, compounding the disadvantage that already exists.

We know that current quality standards for early education and childcare are set out in statutory guidance for local authorities. However—this is my key point—it seems to me imperative that the expansion of free childcare to 30 hours does not in any way undermine recent progress in improving the quality of the free entitlement. The early years foundation stage and a robust Ofsted inspection process have both been central to improvements in outcomes for young children in recent years. While the Government acknowledge in statutory guidance that high-quality provision has the greatest impact on children’s development—that is very welcome, particularly for the most disadvantaged children—they have not restricted the delivery of the free entitlement solely to good and outstanding providers due to a shortage of high-quality places.

It is unclear to me—hence this probing amendment—whether the Government plan to use regulations underpinning the Secretary of State’s new duty to prescribe the quality standards that childcare providers must meet in order to be able to deliver the 30 hours of free childcare. I always like to look on the bright side, so it seems to me that the Bill presents an opportunity to secure quality standards for the additional 15 hours of free childcare and, at the same time, to strengthen existing quality standards for the free entitlement for three and four year-olds.

Very much in that spirit, perhaps I may ask the Minister some questions. First, will regulations be used to place quality requirements on providers of the additional 15 hours of free childcare? Secondly, can the Minister provide assurances that all childcare settings providing the additional 15 hours will be required to be judged good or outstanding in their most recent Ofsted inspection to deliver the early years foundation stage and to have all staff holding or working towards a level 3 qualification? Thirdly, will the Government consider using the introduction of the additional 15 hours of childcare to raise the quality of the current free entitlement? Finally, can the Minister provide any assurance that the Government will develop, publish and implement—I am sure that many people in this House would be happy to help on this—a strategy for expanding on and improving the quality of the early years workforce, building further on the recommendation in Professor Nutbrown’s report and, in particular, on the recommendation that there should be graduate leadership in all settings, including, most importantly, those in disadvantaged areas?

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[The Earl of Listowel]

I apologise for being slow to my feet this evening. Before the noble Baroness withdraws the amendment, may I make a few comments on what the Minister has said, since we are in Committee? I am very grateful to the Minister for her careful reply and for her reference to the importance of the key person in the nursery. I am also grateful for everything I have heard about the improving educational qualifications of staff and the encouraging inspection reports from Ofsted.

What troubles me, and I think may trouble other noble Lords, is the concern that this is a very low-paid workforce of mainly very young women. I recently visited a nursery near here and met a couple of young women who had just started working there. I learned of their history: they were abused themselves as children. I do not know how good their experience was of recovering from that. However, childcare staff are often young women who are poorly educated and may well have had poor emotional experiences themselves growing up.

With respect to levels of maternity in young people in care or leaving care, I believe that research was carried out 10 or 15 years ago which highlighted that about a quarter of girls were getting pregnant before leaving care, and a further quarter shortly afterwards. Young women who have had a poor experience of childhood are often attracted to the idea of having a baby, and perhaps to working with young children, because they seek love—the love that they never had—and they hope that through having a baby or caring for a child they will receive that love. Sadly, what they learn is that the child needs to be loved by them, and that responsibility quickly becomes too much for them. Perhaps that is part of the reason why so many children who grow up in care go on to have children who are taken away from them and placed into care again.

I am going to make it my job to visit a few more early years nurseries before Report to reassure myself that the improvements that the Minister described are taking place. Given the realities of the workforce, I find it surprising that we are moving forward in the way that the Minister describes. However, it may be that this is such a vocational line of work that there are young women attracted to it who have great capacity for it. That might be one reason why we are seeing such an improvement, despite the low pay and low status of the work.

I do not expect a response from the Minister, but I wanted to flag that up as a concern.

Amendment 2 withdrawn.

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Moved by

[The Earl of Listowel]

5: Clause 1, page 1, line 4, after “working” insert “or homeless”

[The Earl of Listowel]

My Lords, I rise to speak to Amendment 5, and to Amendments 8 and 9.

I want to include homeless families. I want them to have the offer of 30 hours’ high-quality childcare each week. More than 90,000 children in England are living in temporary accommodation, and more than 2,000 families in England are living in bed-and-breakfast accommodation. These are the worst figures in seven years.

I do not know who is to blame for the current situation, but we seem somehow not to have produced enough housing. As a landlord, I know how challenging it is to be a landlord. I feel how badly we, as a nation, have all let these wonderful families down by not providing adequate housing for them. I think there can be some ambivalence about social housing. I have heard a couple of colleagues say, and I understand their concern, “If you offer social housing, then young women will have babies in order to get on the housing list, and we will be creating a culture of dependency”. My response to that is “Perhaps some might”. There is the other perverse situation in which women may bring up children on their own because, in order to get a home, the father has to live separately. On the continent, they seem to be more humane, and they do produce sufficient housing. In Italy, Germany and France the rate of teenage pregnancies is lower than ours. They do not have as much family breakdown as we do. So, experience elsewhere suggests that that ambivalence about providing adequate housing for our people is not necessary. People—families—need decent homes if they are to thrive and do well and secure employment. That is the context of the amendment.

Many years ago, I went with a health visitor to a number of households in Redbridge, in east London. One had damp running down the walls, another had a flooded basement that the landlord would do nothing about. In one, bizarrely, the lavatory was somehow part of the shower arrangement. The mother slept with her child in her bed. The provision was overcrowded and of poor quality.

I have also spoken on a number of occasions with mothers in temporary accommodation. Barnardo’s used to run a project called Families in Temporary Accommodation, managed by John Reacroft. I was fortunate to speak to those mothers about their experience. What I gathered from them is the isolation they have experienced: they might well be placed many miles away from their community, their family, their friends, and they might have to make a number of bus journeys to get where they need to go. Of course, there was also the uncertainty in their lives resulting from living in temporary accommodation.

I therefore encourage the Government to accept this part of the amendment, so that such children can get respite from an unstable and chaotic situation at home, and can have the stability of a hopefully high-quality nursery placement. I ask the Minister to consider asking the Education Secretary if there might be some ministerial discussion about the issue of homeless families, and what the Department for Education thinks needs to be done in this area.

The next subsection of the amendment is concerned with families with children at risk of significant harm. Visiting a nursery some time ago and being told that one of the mothers was a heroin addict helped me to think a little about this issue. Many of these parents will be addicted to either drugs or alcohol, so the benefits for them of having access to 30 hours’ free child care would actually be for the siblings of those three year-olds. Often, it is the siblings in an alcoholic or drug-addicted family who look after the younger children, so the elder children can get a break from having to worry about and care for the younger children. If the parent is taking part in a drug or alcohol programme, that allows them to immerse themselves in that programme, to build new relationships—their old relationships would probably lead them towards a drink or a drug—and to take a full part in the therapy offered, develop new activities and move on.

The family drug and alcohol court, which the last Government were so good at supporting strongly, is helping many families across the country to get off drugs and alcohol. Children who are at risk are, thanks to this work, able to remain with their parents. It has about a 50% success rate. A judge follows a family throughout a year and ensures that the parents give up their addiction and they can keep their children. I encourage the Minister to consider offering this opportunity to families with children at risk.

I turn to my proposal for literacy and numeracy courses. Perhaps it is a bit hard to define what those courses should be, but the research is very clear. I pay tribute to the work of many years by the National Institute of Adult Continuing Education and the Workers’ Educational Association, and to the recent report that my noble friend Lady Howarth of Breckland chaired for NIACE, which shows the benefits of family learning. It is so important to educational outcomes that parents be given the opportunity to learn, as well. When they start placing their children in education, they begin to want to learn, too. I am afraid that one can find, especially with very underprivileged families, that when parents are not given that nutrition and nourishment they may get resentful of their children, who are. I remember hearing of one mother—no, I will not go into the details of a rather painful story. However, it is very good to nourish both parents and children.

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[Lord Nash]

They would have to be working.

[The Earl of Listowel]

My Lords, I thank the Minister for his careful reply and his kind offer of a meeting to discuss homeless families and the status of foster carers. I note particularly what the noble Lord, Lord True, said about the complications of making such amendments possible. I beg leave to withdraw the amendment.

Amendment 5 withdrawn.