Oral Answers to Questions

Debate between Edward Timpson and John Bercow

Monday 20th March 2017 Commons Chamber

[Karin Smyth (Bristol South) (Lab)]

24. My constituency sends the least children to university. Bristol University’s Bristol scholars scheme, which is aimed at widening access, has taken a third of its pupils from private schools. Does the Minister agree that that makes an entire mockery of the scheme?

[Mr Speaker]

I fought the hon. Lady’s constituency, but, unfortunately for me, and probably beneficially for her, the constituency fought back.

[Edward Timpson]

We of course welcome initiatives, such as the one the hon. Lady has described, to widen participation in higher education. In 2017-18, universities intend to spend more than £833 million on measures to improve access and student success through their access agreements for students from disadvantaged backgrounds—up significantly from £404 million in 2009.

Children and Social Work Bill [Lords]

Debate between Edward Timpson and John Bercow

3rd reading: House of Commons & Legislative Grand Committee: House of Commons & Report stage: House of Commons
Tuesday 7th March 2017 Commons Chamber

[The Minister for Vulnerable Children and Families (Edward Timpson)]

I beg to move, That the clause be read a Second time.

[Mr Speaker]

With this it will be convenient to discuss the following:

Amendment (b) to new clause 15, in subsection (2), leave out “from time to time” and insert

“at least once in every three year period”.

Amendment (a) to new clause 15, in subsection (2), leave out paragraph (d) and insert—

“(d) to allow a parent of any pupil receiving relationships education or relationships and sex education to request that the pupil be wholly or partly excused from receiving that education and for the pupil to be so excused.”

Amendment (c) to new clause 15, in subsection (2), at end insert—

“(e) about arrangements for inspecting the quality of teaching of relationships and sex education at schools in England.”

Amendment (d) to new clause 15, in subsection (4), at end insert—

“(4A) The Secretary of State must review the regulations at least three years after they come into force and once in every three year period thereafter.”

Amendment (e), to new clause 15 in subsection (4), at end insert—

“(4A) The Secretary of State must review the regulations from time to time.”

Government new clause 16—Other personal, social, health and economic education.

New clause 1—Safeguarding: provision of personal, social and health education—

“(1) For the purpose of safeguarding and promoting the welfare of children a local authority in England must ensure that pupils educated in their area receive appropriate personal, social and health education.

(2) For the purposes of subsection (1) “personal, social and health education” must include but shall not be restricted to—

(a) sex and relationships education,

(b) same-sex relationships,

(c) sexual consent,

(d) sexual violence,

(e) online and offline personal safety, and

(f) domestic violence and forms of abuse.

(3) Targeted inspections carried out by the Office for Standards in Education, Children’s Services and Skills (Ofsted) under section 136 of the Education and Inspections Act 2006 shall include an assessment of the provision of personal, social and health education under subsection (1), including whether the information provided to pupils is—

(a) accurate and balanced,

(b) age-appropriate,

(c) inclusive,

(d) factual, and

(e) religiously diverse.

(4) Assessments made under subsection (3) must include an evaluation of any arrangements for pupils of sufficient maturity to request to be wholly or partly excused from participating in personal, social and health education.

(5) For the purpose of subsection (4) “sufficient maturity” shall be defined in guidance by the Secretary of State.

(6) Withdrawal from personal, social and health education by pupils under subsection (4) shall not be considered a breach of the safeguarding duties of a local authority.

(7) This section comes into force at the end of the period of twelve months beginning with the day on which this Act is passed.”

New clause 3—Sibling contact for looked after children—

“(1) In section 34(1) of the Children Act 1989, after paragraph (d) insert—

“(e) his siblings (whether of the whole or half blood).”

(2) In paragraph 15(1) of Schedule 2 to the Children Act 1989, after paragraph (c) insert—

“(d) his siblings (whether of the whole or half blood).””

This new clause would ensure that children in care are allowed reasonable contact with their siblings.

New clause 4—Placing children in secure accommodation elsewhere in Great Britain—

“(1) Schedule (Placing children in secure accommodation elsewhere in Great Britain) ends at the end of the period of two years beginning with the day on which this Act is passed.”

This new clause would revoke provisions in the Bill that enable local authorities in England and Wales to place children in secure accommodation in Scotland, and vice versa, two years after the Act comes into force.

New clause 7—Post-removal counselling for parents and legal guardians who are themselves looked after children or care leavers—

“Where a child is permanently removed from the care of a birth parent or a guardian further to any order made pursuant to—

(a) section 31 of the Children Act 1989 (care and supervision orders),

(b) section 22 of the Adoption and Children Act 2002 (placement orders),

(c) section 46 of the Adoption and Children Act 2002 (adoption orders), or

(d) section 14A of the Children Act 1989 (special guardianship order)

a local authority must, so far as is reasonably practicable, provide a counselling service and commission specialist therapeutic support for the parent or guardian where—

(i) the parent or guardian is a looked after child, or

(ii) the parent or guardian is a care leaver.”

This new clause would provide post-removal support for parents who are themselves a looked after child or care leaver.

New clause 8—Former relevant children: provision of sufficient suitable accommodation—

“In the Children Act 1989, after section 23C insert—

“23CA Duty on local authorities to secure sufficient accommodation for former relevant children

(1) It is the duty of a local authority to take reasonable steps to secure sufficient suitable accommodation (whether or not provided by them) within their area to meet the needs of former relevant children, where “former relevant children” has the same meaning as in section 23C(1) of this Act.

(2) In taking steps to secure the outcome in subsection (1), the local authority must—

(a) produce, and make available to all former relevant children, information about the providers of accommodation and the types of accommodation they provide,

(b) be aware of the current and expected future demand for such accommodation and consider how providers might meet that demand, and

(c) have regard to—

(i) the need to ensure the sustainability of the housing market, and

(ii) the need to encourage providers to innovate and continuously improve the quality of such accommodation and the efficiency and effectiveness with which it is provided.””

Local authorities already have a duty to ensure that sufficient accommodation is available for looked after children in their area. This new clause would introduce a similar duty on local authorities to ensure sufficient, suitable accommodation is made available for all care leavers up the age of 21.

New clause 10—Benefit sanctions for care leavers—

“(1) The Universal Credit Regulations 2013 are amended as follows—

(a) in regulation 102(2)—

(i) in paragraph (a) after “18 or over” insert “and paragraph (b) does not apply”;

(ii) in paragraph (b) after “16 or 17” insert “or is a care leaver within the meaning given by section 2(7) of the Children and Social Work Act 2017 and is under the age of 25”;

(b) in regulation 103(2)—

(i) in paragraph (a) after “18 or over” insert “and paragraph (b) does not apply”;

(ii) in paragraph (b) after “16 or 17” insert “or is a care leaver within the meaning given by section 2(7) of the Children and Social Work Act 2017 and is under the age of 25”;

(c) in regulation 104(2) after “18 or over” insert “and section (3) does not apply”.

(d) in regulation 104(3) after “16 or 17” insert “or is a care leaver within the meaning given by section 2(7) of the Children and Social Work Act 2017 and is under the age of 25.””

This new clause will ensure that the maximum sanction for a care leaver under the age of 25 can be no more than four weeks whilst under the age of 25, in line with 16 and 17 year olds.

New clause 11—National offer for care leavers—

“(1) The table in regulation 36 of the Universal Credit Regulations 2013 is amended as follows—

(a) in column one after “single claimant aged 25 or over” insert—

“or former relevant child as defined under the Children and Social Work Act 2017 aged under 25”

(b) in column one after “joint claimants where either is aged 25 or over” insert—

“or either are a former relevant child as defined under the Children and Social Work Act 2017 aged under 25”

(2) The Secretary of State will make provisions for bursaries to be available to all care leavers, who are undertaking their first year of a statutory apprenticeship, as defined in the Enterprise Act 2016 (the “care leaver apprenticeship bursary”)—

(a) in this section “care leavers” has the same meaning as section 2(7) of this Act.

(b) The bursary will be administered by local authorities on behalf of the Secretary of State in line with their corporate parenting responsibilities defined in section 1 of the Children and Social Work Act 2017.

(c) The value of the bursary will be of equivalent value to the Higher Education Bursary outlined in The Children Act 1989 (Higher Education Bursary) (England) Regulations 2009.

(d) Bursaries under this section will be disregarded for the purposes of calculating a claimant’s Universal Credit entitlements.

(3) The Housing Benefit Regulations 2009 are amended as follows—

(a) in regulation 2, in the definition of “young individual”, in each of paragraphs (b), (c), (d), (e) and (f), for “22 years” substitute “25 years”.

(4) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”

The National Offer will uprate the financial support available to care leavers under the age of 25 by: (1) extending the over 25 rate of standard allowance of Universal Credit to all care leavers under the age of 25; (2) placing a duty on the Secretary of State to make provisions for all care leavers under the age of 25 and in the first year of an apprenticeship to be paid a £2,000 bursary, which will be distributed by local authorities on her behalf; and (3) delaying the transition onto the Shared Accommodation rate of Local Housing Allowance until the age of 25.

New clause 12—Duty to maintain and report a local safeguarding and welfare capacity register—

“After section 16(E) of the Children Act 2004 (inserted by section 16 of this Act) insert—

“Duty to maintain and report a local safeguarding and welfare capacity register

(1) The safeguarding partners for a local authority area in England must assess, and maintain a register of, capacity to safeguard and promote the welfare of children in the area.

(2) The assessment must include, but shall not be restricted to, an assessment of the number of additional children, including unaccompanied refugee children, that could be fully supported by children’s social care services in the area.

(3) At least once in every twelve month period—

(a) the safeguarding partners must report the capacity assessment for that period to the Secretary of State, and

(b) the Secretary of State must publish and lay before Parliament a single report setting out the information provided under paragraph (a) and any relevant information that may be provided by the devolved administrations.””

This new clause would require local safeguarding partners to assess their capacity to safeguard and promote the welfare of children in their area. This assessment must include the number of additional children the area could support, including unaccompanied refugee children. Local safeguarding partners would be required to report this information to the Secretary of State annually, who in turn would publish and lay before Parliament a single report, which may include any relevant information received from the devolved administrations.

New clause 13—Strategy for safeguarding of unaccompanied refugee children—

“(1) Within six months of this Act coming into force, the Secretary of State must develop and publish a strategy for the safeguarding of unaccompanied refugee children living in the United Kingdom (“the strategy”).

(2) The Secretary of State must publish a report on the progress of the strategy’s development at least once in every four week period prior to publication of the strategy.

(3) The strategy must include, but shall not be restricted to—

(a) information clarifying the roles and responsibilities towards unaccompanied refugee children of any public agency the Secretary of State considers relevant, including in particular—

(i) the European Asylum Support Office,

(ii) local government service providers, and

(iii) the Children’s Commissioner;

(b) information clarifying how safeguarding practices should differ for those children covered by the strategy who—

(i) have family members in the United Kingdom, and

(ii) do not have family members in the United Kingdom; and

(c) recommendations on how to ensure full cost reimbursement to public agencies required to provide services under the strategy.”

This new clause would require the Secretary of State to develop and publish a strategy for safeguarding unaccompanied refugee children.

Amendment (a) to new clause 13, at end insert—

“(4) The Secretary of State must consult with devolved administrations before publishing the strategy.”

New clause 14—Local arrangements for reporting on capacity to provide children’s safeguarding and welfare services—

“After section 16E of the Children Act 2004 (inserted by section 16 of this Act) insert—

“Local arrangements for reporting on capacity to provide children’s safeguarding and welfare provision services

(1) At least once in every 12 month period, the safeguarding partners for a local authority area in England must report to the Secretary of State on their capacity to safeguard and promote the welfare of children.

(2) The report must include, but shall not be restricted to, identification of capacity to provide safeguarding and welfare services to children who could be resettled in the area, including unaccompanied refugee children who could be transferred to the area from abroad including those with existing or current applications for transfer.

(3) The Secretary of State must lay before Parliament the information received under subsection (1) in a single report.””

This new clause would require the local safeguarding partners in an area to report annually to the Secretary of State on what capacity they have to safeguard and promote the welfare of children in that area. This includes what capacity they have to resettle children, including unaccompanied refugee children, in the area. The Secretary of State would be required to lay before Parliament the information received from local authorities in a single report.

Amendment (a) to new clause 14, after “(1)” insert—

“and any relevant information that may be provided by the devolved administrations”.

New clause 20—Review of access to education for care leavers—

“(1) The Secretary of State must carry out an annual review on access for care leavers to—

(a) apprenticeships,

(b) further education, and

(c) higher education.

(2) The first review must take place by the end of the period of one year beginning with the day on which this Act is passed.

(3) A report produced following a review under subsection (1) must include, in particular, an assessment of the impact on care leavers’ access to education of—

(a) fee waivers,

(b) grants, and

(c) reduced costs of accommodation.

The report must be made publicly available.”

Amendment 12, in clause 12, page 10, line 30, at end insert—

“(3A) At least one member of the panel appointed by the Secretary of State under subsection (3) must—

(a) be independent from Government, and

(b) have relevant specialist expertise in tackling domestic abuse.”

This amendment would require that at least one member of the Child Safeguarding Practice Review Panel has specialist expertise in tackling domestic abuse.

Amendment 1, in clause 16, page 13, line 34, at end insert—

“, including unaccompanied refugee children once placed in the area, and unaccompanied refugee children who have been identified for resettlement in the area.”

Amendment 3, page 13, line 34, at end insert—

“(1A) The safeguarding partners for a local authority area in England must conduct and publish a review of the steps taken by that local authority to safeguard and promote the welfare of children since 1 June 2010, including an assessment of the impact of Government policies since that date.

(1B) The Government policies to be considered under subsection (1A) are those deemed by the safeguarding partners to be relevant to the safeguarding and welfare of children.”

This amendment would require the safeguarding partners for a local authority area in England to conduct a review of steps they have taken to safeguard and promote the welfare of children since 1 June 2010, including an assessment of the impact of Government policies since that date.

Amendment 2, in clause 22, page 17, line 30, at end insert—

“(3) Guidance given by the Secretary of State in connection with functions conferred by section 16E in relation to unaccompanied refugee children must be developed in accordance with the 1989 Convention on the Rights of the Child.”

[Edward Timpson]

I shall deal first with new clauses 15 and 16, which relate to relationships and sex education and personal, social, health and economic education. I shall then respond to key points raised in other new clauses and amendments. I shall ensure that they are covered within the time that is available under the now agreed programme motion, as I am conscious that many other Members wish to speak.

Many Members on both sides of the House have worked hard for some years to increase awareness of the issues to which new clauses 15 and 16 refer and the case for statutory underpinning of relationships and sex education and PSHE, and I thank them for their efforts. My right hon. Friend the Member for Basingstoke (Mrs Miller) and my hon. Friend the Member for Enfield, Southgate (Mr Burrowes), along with the Chairs of the Health, Education, Home Affairs and Business, Energy and Industrial Strategy Committees and the hon. Members for Rotherham (Sarah Champion) and for Walthamstow (Stella Creasy), have been particularly strong supporters of that approach.

Relationships education, RSE and PSHE can help to ensure that pupils are given the knowledge and skills that they will need to stay safe and develop healthy, supportive relationships. That is particularly important when they are navigating the new challenges of growing up in an online world. Parents, of course, are the primary educators and guides of their children, and we should not forget that: they play a central role both in helping their children to grow up into successful adults and in protecting them from harm. However, parents are telling us that they want schools to help them to deal with what are complex and fast-moving issues to ensure that their children grow up equipped with the knowledge and skills that they need to be safe and successful. Our proposals to make these subjects compulsory are supported by professionals working in the field, by parents and carers, and, importantly, by children and young people themselves.

--- Later in debate ---

[Mr Speaker]

I can now inform the House of my decision about certification. For the purposes of Standing Order No. 83L(2), I have certified the following provisions of the Children and Social Work Bill [Lords] as relating exclusively to England and Wales and within devolved legislative competence: clauses 8 and 9.

I have certified the following provisions of the Children and Social Work Bill [Lords] as relating exclusively to England and within devolved legislative competence: clauses 1 to 7, 11 to 31 and 41 to 67, new clauses 15 to 18 added to the Bill on Report and schedules 2 to 4.

For the purposes of Standing Order No. 83L(4), I have certified the following amendment made to the Bill since Second Reading as relating exclusively to England and Wales: amendment 13 to clause 62, made in the Public Bill Committee.

Copies of my certificate are available in the Vote Office. Under Standing Order No. 83M, consent motions are therefore required for the Bill to proceed. Does the Minister intend to move the consent motions?

[Edward Timpson]

indicated assent.

The House forthwith resolved itself into the Legislative Grand Committee (England and Wales) (Standing Order No. 83M).

[Natascha Engel in the Chair]

Oral Answers to Questions

Debate between Edward Timpson and John Bercow

Monday 19th December 2016 Commons Chamber

[James Duddridge]

I was going to ask the Minister to issue further guidance. I do not think the 9 December guidance had been issued when I tabled the question, so I am grateful for that and encourage him to look at special needs schools operating within multi-academy trusts solely as special needs schools. There is an enormous difference in special needs schools between thousands of pupils and hundreds of pupils.

[Mr Speaker]

I hope the hon. Gentleman is encouraged by the power of his own question tabling.

[Edward Timpson]

I expect nothing less from my hon. Friend in terms of the pressure he is able to bring to bear on the Government. He raises an important issue. We continue to support and provide guidance for the growing number of MATs in this area. I encourage any newly forming MATs to get in touch with their regional schools commissioner, who will be able to support them and help to direct them towards further sources of support.

--- Later in debate ---

[Edward Timpson]

I have already told the House that PE is compulsory at all four key stages. The Secretary of State has set out the need to improve the access to, and the quality of, PSHE, and we are continuing to look at that very carefully. Just to stop the press, I will be taking part in the London marathon again next year to continue my efforts to lead by example.

[Mr Speaker]

The hon. Gentleman is genuinely a hero in his own times.

Oral Answers to Questions

Debate between Edward Timpson and John Bercow

Monday 4th July 2016 Commons Chamber

[Edward Timpson]

The Secretary of State is very aware of the hon. Lady’s campaign, as well as of the need to ensure that children are as resilient as they can be to the greater dangers that face them in the world in which they live. Those matters remain under review as part of personal, social, health and economic education, and we will return to them in future.

[Mr Speaker]

I call Karl MᶜCartney.

[Karl MᶜCartney (Lincoln) (Con)]

19. Thank you for spotting the link, Mr Speaker. The original question about character is all very good, but what is the Minister doing to ensure that young people have sound moral judgment and a tough backbone, so that they pick the right side of an argument and accept democratic decisions, supported by their peers and the wider populace?

Oral Answers to Questions

Debate between Edward Timpson and John Bercow

Monday 25th April 2016 Commons Chamber

[The Minister for Children and Families (Edward Timpson)]

May I begin by apologising if I am moving unusually slowly and gingerly to and from the Dispatch Box this afternoon? I have the excuse of having run the London marathon yesterday, along with seven other Members of the House and close to 40,000 other hardy individuals. I ask the House to put on record our collective gratitude to and admiration for them, in particular for the more than £25 million that they raised for hundreds of charities up and down the country.

It is the role of Ofsted to assess the adequacy and quality of provision in the children’s social work sector. All local authorities are currently being inspected under the single inspection framework, which assesses arrangements for child protection services for looked-after children and the leadership, management and governance of children’s social care. My Department intervenes to support improvement in services where they are judged to be inadequate.

[Mr Speaker]

The hon. Gentleman is a hero, but too modest to point out that he has run marathons on a number of previous occasions; because he is too modest I will do it for him.

[Mrs Lewell-Buck]

I thank the Minister for his response. As he well knows, social work is a holistic profession. For example, when I qualified I had knowledge across all social work disciplines, such as mental health, child protection and adult social care, ensuring that I was able to fully grasp all the issues facing my clients. Will he therefore explain why his Government are investing in Frontline and Think Ahead to the detriment of traditional, more holistic university courses, and are creating specialisms in silos, which is bad for the profession and even worse for the clients?

--- Later in debate ---

[Edward Timpson]

I would answer the question, but I am not sure that it has any relevance to the original question asked by his hon. Friend the Member for South Shields (Mrs Lewell-Buck).

[Mr Speaker]

The hon. Gentleman wished to give the Minister his views, which he has done, but now that he has I am afraid his question is not really suitable for a ministerial answer at this time.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

7. What steps she is taking to improve special educational needs and disability services.

Oral Answers to Questions

Debate between Edward Timpson and John Bercow

Monday 20th July 2015 Commons Chamber

[Edward Timpson]

It is of course important that schools be held to account for all their pupils, and although I concur wholeheartedly with my hon. Friend’s desire to see all pupils, including those with special educational needs, reach their full academic potential, we need to acknowledge that a separate system for pupils with SEN would be at odds with the principles of inclusion and would fail to recognise that those pupils span the full range of abilities. Those matters will be looked at closely in the coming months by the expert review panel—something that I know she will want to follow, so as to ensure that it incorporates her views.

[Mr Speaker]

Natalie McGarry.

Oral Answers to Questions

Debate between Edward Timpson and John Bercow

Monday 2nd March 2015 Commons Chamber

[The Parliamentary Under-Secretary of State for Education (Mr Edward Timpson)]

Service leavers have a wealth of skills and experiences that are transferable to classrooms, including teamwork, leadership—[Interruption.]

[Mr Speaker]

Order. There is very discordant noise in the Chamber. A very respected Minister, Mr Timpson, is endeavouring to answer a question and I think pupils in the average classroom around the country would behave rather better. I remind the hon. Member for Huddersfield (Mr Sheerman), in all gentleness and charity, that he is something of an elder statesman in this House and we look to him to set an example to other colleagues.

[Mr Timpson]

Thank you, Mr Speaker. Anyone would imagine that there is an election on the horizon.

There are 84 trainees on the Troops to Teachers scheme and the expansion of the programme allows even more talented service leavers to make an important contribution to our children’s education.

Oral Answers to Questions

Debate between Edward Timpson and John Bercow

Monday 27th October 2014 Commons Chamber

[The Parliamentary Under-Secretary of State for Education (Mr Edward Timpson)]

The hon. Gentleman will know that the formation of the Doncaster trust was carried out over a long period with much reflection on what was the best solution for Doncaster, bearing in mind the specific issues it faced. Part of that has been making sure that the lessons we learn from Birmingham, and from Slough and other local authorities where there has been too much failure in children’s services over too many years, will form the picture of understanding of what works best. There is no “one size fits all” solution. The Hackney education trust was an extremely effective example of how standards can be raised over a 10-year period of stability. Our thinking reflects much of the result that came out of Hackney, but we have worked closely with the relevant local authorities and found the best solution for each individual local authority.

[Mr Speaker]

Mr McCabe.

Oral Answers to Questions

Debate between Edward Timpson and John Bercow

Monday 10th February 2014 Commons Chamber

[Mr Timpson]

First, may I pay tribute to the hon. Lady, who is not standing again at the next election? Throughout her time in Parliament, she has been a real stalwart and a supporter of children in care, particularly the most vulnerable. I know that many families, not only in Sheffield but across the country, will be grateful for the work she has done. We will issue the updated guidance shortly, and I reassure her that we will look specifically at how we can ensure that the information given to local safeguarding children boards by independent schools is provided properly; that will be made as clear as possible in the guidance that is to follow.

[Mr Speaker]

I call the hon. Member for Sheffield, Heeley (Meg Munn). [Interruption.] She has had one go; that is enough. May I say, however, that I echo entirely what the Minister has said? This House is losing far too many outstanding Members, and far too many outstanding female Members.

[Tessa Munt (Wells) (LD)]

There is a conflict of interest when abuse is alleged in independent and military fee-paying schools, in that the interests of children as possible victims are pitched against those of the schools, which want to protect their reputation in order to maintain fee income. Will the Minister look again at introducing mandatory reporting by staff who become aware of abuse allegations to a designated local authority officer, rather than simply requiring the reporting of abuse to a senior teacher or manager in the school?

--- Later in debate ---

[Damian Hinds]

Given that welcome emphasis on character building for all, may I commend to the Minister—and subtly plug—a report out tomorrow on character and resilience by the all-party group on social mobility? Will he consider more ways to develop these crucial traits throughout childhood, and in and out of school?

[Mr Speaker]

Not that subtly.

[Mr Timpson]

The report has clearly moved to the top of my reading list. I will read it carefully and look at some of the lessons that we can learn from my hon. Friend’s work, to which I pay tribute. We have already spoken about the role that cadet forces can play in state schools, and we are working with the Ministry of Defence to improve that role. We are also removing unnecessary health and safety rules that prevent children from going on expeditions and seeking adventures, which I hope that the whole House will applaud.

--- Later in debate ---

[Mr Timpson]

I would like to thank all hon. Members who have engaged in this detailed—

[Mr Speaker]

I think the Minister has asked the leave of the House, has he not?

[Mr Timpson]

It almost passed my lips, and it has done now.

This has been a detailed debate of the amendments made to the Bill in another place. The changes are a testament to the dedication of both Houses to making the Bill the best it can be, and I completely understand the interest of hon. Members on both sides of the House in its implementation: it is an excellent Bill, and it is only right that we ensure its successful implementation. Provided we can find time for early and proper consideration of the secondary legislation, we expect to implement the Bill’s reforms quickly so that they can begin to make a real difference for children and families across the country.

I will seek to write to all hon. Members who have asked detailed questions in the debate. My hon. Friend the Member for Beverley and Holderness (Mr Stuart) asked when the revised code of practice would be made available. It will be made available as soon as possible after Royal Assent, but I am sure he will appreciate that we want to get it right. My hon. Friends the Members for Dover (Charlie Elphicke), for Romsey and Southampton North (Caroline Nokes) and for Northampton South (Mr Binley)—I hope that the latter heard my earlier praise for his involvement in this important clause—raised important points. As the Bill stands, the presumption is clear, and I do not share the scepticism of some hon. Members that it has been diluted to the point of having no effect. This is a considerable change and should not be underestimated.

The principle and purpose that the Bill enshrines in law, in conjunction with many other measures we are taking, both through the Bill and in non-legislative ways, will help to ensure that more children have the opportunity to have a relationship with both parents. To enable that to happen in practice, we have made sure that the Judicial College is aware of the provision in clause 11 and the Government’s objective behind it. Although it is for the judiciary to consider its required training itself, we will continue to work with it to ensure that there is clear information about the intended effect and operation of the clause, so that they can be reflected, if need be, in future training.

It is important to make it clear that this is about the right of the child. The reason we have set about introducing the provisions in this clause—over many years, both in opposition and now in government—is to put across a strong message to many of the families who find themselves at the door of a court: we are interested in only one thing, which is making sure that any children involved in a case get the opportunity to have their rights put first and, as a consequence, have a meaningful relationship with both sides of their parentage.

Children and Families Bill

Debate between Edward Timpson and John Bercow

Tuesday 11th June 2013 Commons Chamber

[The Parliamentary Under-Secretary of State for Education (Mr Edward Timpson)]

I beg to move, That the clause be read a Second time.

[Mr Speaker]

With this it will be convenient to discuss the following:

New clause 8—Support for children with specified health conditions—

‘(1) The governing body of a mainstream school has a duty to produce and implement a medical conditions policy that defines how it plans to support the needs of children with specified health conditions.

(2) The medical conditions policy must include provision about—

(a) the means by which records of the specified health conditions of children at the school are to be recorded and maintained; and

(b) the preparation of an individual healthcare plan for each child with a specified health condition which sets out the needs of that child arising from that condition.

(3) The medical conditions policy must include requirements relating to the provision of appropriate training for school staff to support the implementation of individual healthcare plans.

(4) In preparing an individual healthcare plan the governing body must—

(a) consult the parent of the child concerned and, where appropriate, the child about the contents of the plan; and

(b) there shall be a duty on NHS bodies to co-operate with the governing body in its preparation and implementation of individual healthcare plans.

(5) Local authorities and clinical commissioning groups must co-operate with governing bodies in fulfilling their functions under this Act.

(6) The Secretary of State may by regulations define “specified health conditions” for the purposes of this section.

(7) For the purposes of this section “NHS bodies” has the same meaning as in the Health and Social Care Act 2012.’.

New clause 21—Inclusive and accessible education, health and social care provision—

‘(1) In exercising a function under Part 3, a local authority and NHS bodies in England must promote and secure inclusive and accessible education, health and social care provision to support children, young people and their families.

(2) Regulations will set out requirements on an authority and its partner NHS commissioning bodies to promote and secure inclusive and accessible education, health and social care provision in its local area, in particular through—

(a) the planning;

(b) the design;

(c) the commissioning or funding;

(d) the delivery; and

(e) the evaluation of such services.’.

New clause 24—Publication of information relating to Special Educational Needs tribunal cases—

‘(1) The Secretary of State must collect information on all cases related to special educational needs which are considered by the Tribunal Service, including—

(a) the local authority involved;

(b) the cost to the Tribunal Service;

(c) the amount spent by the local authority on fighting each case;

(d) the nature of each case; and

(e) the outcome of each case.

(2) The Secretary of State must collate and publish information collected in the exercise of his functions under subsection (1) once a year.

(3) The following bodies must make arrangements to provide such information to the Secretary of State as is necessary to enable him to perform his functions under this section—

(a) the Tribunal Service;

(b) local authorities.’.

Amendment 59, in clause 19, page 18, line 22, at end add—

‘(e) the right of the parent to make their own arrangements for some or all of the special educational provision under section 7 of the Education Act 1996.’.

Amendment 39, in clause 21, page 19, line 16, leave out ‘wholly or mainly’.

Amendment 60, in clause 23, page 19, line 29, leave out ‘may have’ and insert ‘probably has’.

Amendment 61, page 19, line 32, leave out ‘may have’ and insert ‘probably has’.

Amendment 46, in clause 27, page 22, line 3, at end insert—

‘(2A) If the education and care provision provided as part of the local offer is deemed insufficient to meet the needs of children and young people under subsection (2), a local authority must—

(a) publish these findings;

(b) improve that provision until it is deemed sufficient by—

(i) those consulted under subsection (3); and

(ii) Ofsted.’.

Amendment 62, in clause 28, page 23, line 29, at end insert ‘;

(n) Parent Carer Forums.’.

Amendment 66, in clause 30, page 24, line 21, leave out ‘it expects to be’ and insert ‘which is’.

Amendment 67, page 24, line 24, leave out ‘it expects to be’ and insert ‘which is’.

Amendment 30, page 24, line 34, at end insert—

‘(f) arrangements to assist young people and parents in managing a personal budget should they choose one.’.

Amendment 68, page 24, line 39, at end insert ‘, including in online communities.’.

Amendment 69, page 25, line 7, at end insert—

‘(7A) The Secretary of State shall lay a draft of regulations setting out the minimum level of specific special educational provision, health care provision and social care provision that local authorities must provide as part of their local offer, and the regulations are not to be made unless they have been approved by a resolution of each House of Parliament.

(7B) Once regulations under subsection (7A) have been made, the Secretary of State must—

(a) issued guidance to local authorities on how to meet these regulations, and

(b) publish information on these regulations accessible to the families of children and young people with special educational needs on the Department’s website, and in any other way he sees fit.’.

Amendment 65, in clause 36, page 28, line 21, at end insert—

‘(1A) A person acting on behalf of a school or a post-16 institution (“A”) must request an EHC needs assessment for a child or young person (“B”) as soon as A becomes aware that B has been diagnosed with epilepsy or a related condition.’.

Amendment 40, page 29, line 20, leave out subsection (10).

Amendment 44, in clause 37, page 30, line 8, leave out from ‘provision’ to end of line 10 and insert

‘required by the child or young person.’.

Amendment 41, page 30, line 13, leave out subsection (4).

Amendment 45, in clause 38, page 30, line 35, at end insert—

‘(g) an institution of higher education which the young person has accepted an offer from.’.

Government amendment 17.

Amendment 37, in clause 42, page 33, line 6, at end insert—

‘(2A) If the plan specifies social care provision, the responsible local authority must secure the specified social care provision for the child or young person.’.

Amendment 63, page 33, line 13, leave out ‘suitable alternative arrangements’ and insert

‘arrangements suitable to the age, ability, aptitude and special needs of the child or young person and has chosen not to receive assistance with making provision.’.

Amendment 42, in clause 44, page 34, line 3, leave out subsection (5).

Amendment 43, in clause 45, page 34, line 37, leave out subsection (4).

Amendment 64, page 34, line 39, at end insert—

‘(4A) A local authority must not cease to maintain an EHC plan on the sole ground that the child or young person is educated otherwise than at school in accordance with section 7 of the Education Act 1996.’.

Government amendments 18 to 20.

Amendment 70, in clause 48, page 36, line 21, at end add—

‘(6) This section will not have effect until an Order is made by the Secretary of State, subject to affirmative resolution by both Houses of Parliament.

(7) Before making an Order under subsection (6), the Secretary of State must lay a copy of a report before both Houses of Parliament detailing findings from the pathfinder authorities established under the Special Educational Needs (Direct Payments) (Pilot Scheme) Order 2012, including but not limited to—

(a) the impact on educational outcomes for children and young people;

(b) the quality of provision received by children and young people;

(c) the value for money achieved;

(d) the impact on services provided for children and young people without EHC plans, or those for whom direct payments were not made.

(8) The Secretary of State may not prepare a report under subsection (7) until September 2014.

(9) An Order made under subsection (6) may amend this section as the Secretary of State deems necessary to ensure the effective operation of personal budgets, having had regard to the finding of the report produced by virtue of subsection (7).’.

Government amendment 21.

Amendment 38, in clause 50, page 37, line 18, at end insert ‘;

(g) the social care provision specified in an EHC plan;

(h) the healthcare provision specified in an EHC plan.’.

Amendment 47, in page 48, line 35, leave out clause 69.

Amendment 71, in clause 65, page 45, line 37, leave out ‘19’ and insert ‘25’.

Amendment 72, page 46, line 11, leave out ‘19’ and insert ‘25’.

Amendment 73, in clause 67, page 47, line 21, leave out

‘such persons as the Secretary of State sees fit’

and insert

‘publicly, for a period of not less than 90 days’.

Amendment 74, page 47, line 22, leave out ‘by them’ and insert

‘as part of that consultation’.

Amendment 75, in clause 67, page 47, line 23, leave out subsections (3) to (8) and insert—

‘(3) A code, or revision of a code, does not come into operation until the Secretary of State by order so provides.

(4) The power conferred by subsection (3) shall be made by statutory instrument.

(5) An order bringing a code, or revision of a code, into operation may not be made unless a draft order has been laid before and approved by resolution of each House of Parliament.

(6) When an Order or draft of an order is laid, the code or revision of a code to which it relates must also be laid.

(7) No order or draft of an order may be laid until the consultation required by subsection (2) has taken place.’.

Amendment 48, in clause 72, page 49, line 46, leave out from ‘education,’ to end of line 1 on page 50.

Government amendments 22 to 25.

[Mr Timpson]

Part 3 of the Bill introduces a much stronger framework for supporting children and young people with special educational needs. These reforms have been widely welcomed, and I am grateful to Members in all parts of the House for their interest in and support for them. We can be sure in the knowledge that the Bill has been significantly strengthened since draft clauses were published last autumn.

We have all met constituents who have had to battle to get the special educational support that their child needs. These reforms are ambitious; they aim to ensure that in future, children, young people and their parents are at the heart of the system, and that special educational provision builds around them, instead of asking them to adjust to the system. It will not always work perfectly in every case, but the pathfinders that I have visited have convinced me that we have a really exciting reform under way—one that challenges local authorities to design a system around those who use it, rather than conform to existing structures and processes. The reforms are also ambitious as regards personal aspirations. The new system will support young people through further education and training, up to the age of 25 for those who need it, and focus much more strongly on independent living and helping them to find paid employment. The provisions extend support to younger years as well, so that children are supported as soon as their needs are identified, from birth onwards, instead of having to wait until they reach school to be assessed.

The reforms provide the foundation for a system in which children and young people’s needs are picked up early; parents know what services they can reasonably expect their local schools, colleges, local authority, and health and social care services to provide, without having to fight for the information; those with more severe or complex needs have a co-ordinated assessment built around them and a single education, health and care plan from birth to 25; and parents and young people have greater control over their support. I believe these ambitions are shared across the House.

We had a wide-ranging, constructive debate on Second Reading, and the Committee sittings were passionate, knowledgeable and helpful. I hope that today we can build on the broad consensus that has characterised the debate to date.

We have also listened carefully to the views expressed by Members of the House, parents and young people, and many of the organisations supporting them, and we have acted to improve the SEN provisions following pre-legislative scrutiny and as the Bill has made its way through the House.

Business of the House

Debate between Edward Timpson and John Bercow

Thursday 24th June 2010 Commons Chamber

[Mr Speaker]

Order. A great many right hon. and hon. Members are seeking to catch my eye. As always, I would like to be able to accommodate everybody, but a single, short supplementary question and a characteristically brief reply from the Front Bench are the order of the day.

[Mr Edward Timpson (Crewe and Nantwich) (Con)]

Now that we realise how much the previous Government misled the public about transport infrastructure investment, promising money that simply did not exist, can the Leader of the House find time for a debate on enabling greater private sector investment in our transport infrastructure, including helping to boost projects such as the regeneration of Crewe railway station in my constituency?