Children Act 1989: Local Authority Responsibilities

Ged Killen Excerpts

Tuesday 19th March 2019 Commons Chamber

[Kate Osamor]

I thank the hon. Gentleman, who makes a valuable point. I will go on to express similar concerns around the responsibility for looking after such children and the fact that many children have been and are being failed.

Local authorities, in practice, and the Ministry of Housing, Communities and Local Government, on a strategic level, need to get a better grip on the issue and take responsibility for the people affected. The picture is currently bleak, but the legislation is very clear. Section 17 of the Children Act 1989 provides a general duty on local authorities to safeguard and promote the welfare of all children in need in their local area. This means that local authorities must do whatever possible to ensure sufficient services and measures are in place where a child’s health or development is not being achieved or maintained, or where it is being diminished.

This support is not considered a public fund and includes accommodation, subsistence and help for children with additional needs, such as a disability. For many destitute migrant families, section 17 support is their only opportunity to feed themselves and put a roof over their head. One of the last comprehensive national studies of children from families with no recourse to public funds receiving section 17 support was in 2015, when an estimated 6,000 children were receiving such support.

I tabled a written question on 12 December 2018 asking the Home Office whether it had any up-to-date data on children in need with no recourse to public funds, based on applications showing a change in their parents’ circumstances. I received a response from the Minister for Immigration on 20 December stating that no ideal data was being held “entitled ‘Change of Conditions’.” I used that wording in my question, and maybe it is not correct, but I was trying to ascertain the data for people whose circumstances have changed. I was told:

“Answering this question would require manual inspection of all family and private life leave to remain applications within the date range. This would incur disproportionate cost to the public purse.”

When we are talking about the livelihoods of young children, I would hope the public purse could extend to ensuring that we are looking after those children.

[Ged Killen (Rutherglen and Hamilton West) (Lab/Co-op)]

I congratulate my hon. Friend on securing this important debate. As well as children, other people in vulnerable situations are being missed in this system. My constituent fled domestic violence elsewhere in the UK, and she found herself being turned away from several shelters. It was only through the diligence of my caseworker that a local charity, Ubuntu, found somewhere for that young woman to go.

Does my hon. Friend agree that a wide range of people could be affected by this lack of recourse to public funds?

[Kate Osamor]

My hon. Friend makes a valuable point. A multitude of people are getting caught in this trap of destitution including, as he clearly spells out, people experiencing domestic violence, which is even more complex. Those people need more support—immediate support—and, in many cases, they need to be made safe. I am grateful for his input and, more importantly, for the civil society group he mentions. I will mention other civil society groups that are doing fantastic work in picking up the public purse and doing the work that the Government are not doing, about which I am quite aggrieved.

Relationships and Sex Education

Ged Killen Excerpts

Monday 25th February 2019 Commons Chamber

[Damian Hinds]

I absolutely join the hon. Lady in commending those organisations. As she will recall, I had the opportunity some time ago to visit her constituency and to meet some of those involved in safeguarding children to hear about some of their strong and innovative work.

[Ged Killen (Rutherglen and Hamilton West) (Lab/Co-op)]

I welcome what the Secretary of State has said about LGBT education, but does he think there are any circumstances in which a school should be allowed not to teach that element of the curriculum? I went to a faith school, and I do not want to be flippant about the sensitivities, but having absolutely no LGBT sex and relationships education did not make me any less gay. Every child in every school has a right to that education.

[Damian Hinds]

We are clear on two things: these issues should be taken on in an age-appropriate way, but by the time a person reaches the end of their schooling, they should have covered them. We trust teachers and headteachers to make the decision about when to do that but not whether to do it.

Oral Answers to Questions

Ged Killen Excerpts

Monday 19th March 2018 Commons Chamber

[Nadhim Zahawi]

I will certainly meet the hon. Lady to discuss the case about which she emailed us earlier today. I would be very happy to do that.

[Ged Killen (Rutherglen and Hamilton West) (Lab/Co-op)]

15. What steps his Department is taking to ensure that all schools teach awareness of LGBT issues in an age-appropriate manner.

[The Minister for School Standards (Nick Gibb)]

Schools can currently teach about LGBT issues and must comply with the Equality Act 2010. We have established a £3 million programme on homophobic, biphobic and transphobic bullying. We are also engaging with stakeholders to develop age-appropriate and inclusive relationships education, and relationships and sex education. The response to the call for evidence will be published shortly.

[Ged Killen]

I thank the Minister for that answer. Following media reports of a school in London censoring textbooks that make reference to homosexuality, it is clear that more work is still needed. Will he agree to look at the recommendations of the Time for Inclusive Education campaign in Scotland to ensure that all young people receive an education that is fully LGBT-inclusive?

[Nick Gibb]

Yes, I would be very happy to look at that report. We are consulting on the content of relationships and sex education, and we will be publishing new guidance and regulations on that. We will consult on that. We have also introduced regulations to require schools to teach fundamental British values.

Women and Equalities

Ged Killen Excerpts

Monday 18th December 2017 Ministerial Corrections

The following is an extract from Questions to the Minister for Women and Equalities on 23 November 2017.

[Gerard Killen]

Does the Minister accept the figures contained in the “Intersecting Inequalities” report by the Women’s Budget Group and the Runnymede Trust, showing the disproportionate impact of tax and benefit changes on women from black and minority ethnic backgrounds, and will the Government issue an official response?

[Justine Greening]

I am aware of that work. Part of the challenge is that we need to see much more clearly the broader picture in relation to how Budgets and Government decisions affect BAME women. The analysis that the hon. Gentleman mentions does not take into account the impact of the national living wage, the changes we have made to childcare—introducing 30 hours’ free care—the work that we are doing on reducing the gender pay gap, the introduction of shared parental leave or the introduction of increased flexible working. The Institute for Fiscal Studies has been very clear that

“what is possible falls a long way short of a full gender impact assessment”,

and that is the underlying weakness in the analysis. [Official Report, 23 November 2017, Vol. 631, c. 1167.]

Letter of correction from Justine Greening:



An error has been identified in the response I gave to the hon. Member for Rutherglen and Hamilton West (Gerard Killen).

The correct response should have been:

[Gerard Killen]

Does the Minister accept the figures contained in the “Intersecting Inequalities” report by the Women’s Budget Group and the Runnymede Trust, showing the disproportionate impact of tax and benefit changes on women from black and minority ethnic backgrounds, and will the Government issue an official response?

[Justine Greening]

I am aware of that work. Part of the challenge is that we need to see much more clearly the broader picture in relation to how Budgets and Government decisions affect BAME women. The analysis that the hon. Gentleman mentions does not take into account the work that we are doing on reducing the gender pay gap, the introduction of shared parental leave or the introduction of increased flexible working. The Institute for Fiscal Studies has been very clear that

“what is possible falls a long way short of a full gender impact assessment”,

and that is the underlying weakness in the analysis.

Global LGBT Rights

Ged Killen Excerpts

Thursday 26th October 2017 Commons Chamber

[Gerard Killen (Rutherglen and Hamilton West) (Lab/Co-op)]

When I received an email asking whether there were any countries about which I would like more information before the debate, I thought to myself, “Where do I begin?” I do not wish to talk down the progress that has been made, because we have made great progress, but the world is still a much smaller and more dangerous place for LGBTI people, whether we like it or not. In more than 30% of the 225 countries and territories listed on the Foreign Office travel advice website, homosexuality or homosexual acts are illegal. For nearly a quarter of them, there is a warning of some kind for LGBTI people. While we have the luxury of heeding that advice, as the hon. Member for Ribble Valley (Mr Evans) said in the case of the UAE, people living there have no such luxury. The advice that frequently appears for countries where being LGBTI is legal but “frowned upon” or not “universally accepted” is, “You should be discreet.” Let us imagine living our lives that way; it is as absurd as asking someone to be discreet about their height.

The advice for countries such as Armenia, where homosexuality is legal, says about the culture there:

“same sex couples are often seen holding hands and kissing in public, this is common…and is not necessarily an indicator of sexual orientation.”

So it is not the act of the same-sex couple holding hands or kissing that is the problem; it is their sexuality. That is heterosexual privilege in action.

Often it is that intolerance bubbling under the surface of society that leads to the shocking attacks against LGBTI people that we have seen around the world. It is not enough to decriminalise homosexuality; there must be laws protecting the rights and safety of LGBTI people and an effort to make sure that society catches up with those laws by supporting LGBTI groups working in communities. Unfortunately, that is not the case for many LGBTI people around the world.

It is up to progressive countries like ours to lead the way in global LGBT rights, particularly in Commonwealth countries, but to do so we must make sure our own house is in order. It is shameful that comprehensive research by the Time for Inclusive Education—TIE—campaign in Scotland found that 90% of LGBTI young people experience homophobia, biphobia and transphobia at school, with 27% having attempted suicide as a result of that bullying. I agree with my hon. Friend the Member for Liverpool, West Derby (Stephen Twigg) about section 28, but in some ways we have not moved on in that regard; there is still a hangover from that legislation.

[Stephen Doughty]

My hon. Friend is making a powerful speech. Many contributors to the debate have spoken about the example we have set to the rest of the world, but he is right to say that we have to make sure that our own house is in order, and despite the huge progress in Great Britain and the Republic of Ireland, Northern Ireland is still significantly lagging behind.

My hon. Friend also mentioned transphobia. I will be meeting a trans activist support group in Cardiff this evening. We need to do much more across the whole of the United Kingdom and the Republic of Ireland on trans issues.

[Gerard Killen]

I agree completely with my hon. Friend’s points, and I will come on to talk about LGBT rights elsewhere in the UK.

The TIE campaign found that teachers often do not know what they are allowed to talk about in schools and do not feel adequately trained to tackle LGBTI issues. The TIE campaign seeks to change that, and I welcome the excellent work it has done and continues to do. Just today, it has secured the support of the first Catholic priest to back the campaign. Father Morton is from Cambuslang in my constituency and he joins other faith leaders in the Scottish Episcopal Church and the Church of Scotland, as well as teachers, trade unions, charities and politicians from all political parties, in recognising that we need action for LGBTI young people at school. It is very important that such examples are set by leading figures in society.

Legislation and Government also have a leading part to play in changing societal attitudes. I therefore wonder what example the Prime Minister set when she welcomed into the heart of Government a party hardly famed for its support of LGBT rights.

When I get on a plane in Glasgow and land in Belfast, not far from where my husband was born, despite not having left the UK our marriage is no longer recognised, because the Democratic Unionist party, ignoring public opinion and blocking the will of the Northern Ireland Assembly, refuses to extend to the people of Northern Ireland the same basic rights that are enjoyed by citizens in the rest of Ireland and the UK.

Members of this House who now find themselves propping up this Government are on record making comments such as:

“I am pretty repulsed by gay and lesbianism. I think it is wrong. I think that those people harm themselves and—without caring about it—harm society. That doesn’t mean to say that I hate them. I mean, I hate what they do.”

Such comments about LGBT people harming society are shocking. The Prime Minister talks about how far we still have to go, yet this is the company she is keeping in Government.

[Joanna Cherry (Edinburgh South West) (SNP)]

The hon. Gentleman is making a powerful speech. Does he agree that the DUP would do well to look south to the Republic of Ireland, which despite coming from the Catholic tradition—as I do myself; I was delighted to hear about the Roman Catholic priest supporting Time for Inclusive Education—has now recognised gay marriage and has a gay Taoiseach? Does he agree that the DUP would do well to follow in the footsteps of its fellow countrymen?

[Gerard Killen]

I absolutely agree with the hon. and learned Lady. The DUP would also do well to look east towards Scotland and to the example that we are setting there. It is a short journey from Glasgow to Belfast, but what a change in rights we see when we make that journey. The cost of the agreement that held this Government together was £1 billion. Why were LGBTI rights and equality for all UK citizens not part of that deal? What kind of example can we hope to set for the rest of the world when we reward homophobia with a place in the Government? Silence and inaction are not an option. It is time for the Government to put their mouth where their money is.