Children’s Wellbeing and Schools Bill

Helen Hayes Excerpts

Monday 17th March 2025 Commons Chamber

[Madam Deputy Speaker (Ms Nusrat Ghani)]

I call the Chair of the Education Committee.

[Helen Hayes (Dulwich and West Norwood) (Lab)]

I rise to speak in support of new clauses 3 and 4, which both stand in my name.

The Education Committee was afforded little time to undertake scrutiny of this important Bill, but we worked hard to do so, refocusing our ongoing inquiry on children’s social care to focus on part 1 of the Bill and holding an additional evidence session to look at part 2. I am grateful to all the witnesses who came to give us their evidence.

We have published a report for the Secretary of State setting out recommendations based on the evidence we received. Broadly, the Committee welcomes the scale of the Government’s ambition as expressed in the Bill, which is a key plank of the Government’s opportunity mission to break the link between young people’s background and their future success. We join the Government in wanting to see high and rising standards in our education and care systems to protect vulnerable children and ensure educational opportunity for every child.

We welcome the measures in the Bill to strengthen child protection, particularly the provisions to establish multi-agency child protection teams, including education in safeguarding arrangements and a single unique identifier for children, which has the potential to be genuinely transformative for the delivery of many of the services that support children and young people. We support the measures to improve the children’s social care market through regional commissioning and a financial oversight scheme. Action to remove profiteering in the children’s social care sector is long overdue.

The Committee welcomes the measures in the Bill that will enable more children to remain within their kinship network or, where a residential placement in kinship care is not possible, in contact with family and friends.

The Committee also made some recommendations on ways in which the Bill could be strengthened, based on the evidence we received. The amendments tabled in my name relate directly to our recommendations, and I will now turn to each recommendation that is relevant to part 1 of the Bill.

New clause 3 would require the Government to publish and consult on a draft national offer for care leavers within 18 months of the Bill coming into force. A national care offer would set minimum standards for local care offers and ensure greater consistency between local authority areas. A national offer would act as a floor, not a ceiling. It would not be designed to prevent innovation at a local level or to stop additional commitments being made by individual local authorities, but we believe that greater national consistency, driven by Government, would make a big difference.

The evidence of the unacceptably poor outcomes for care-experienced young people is shocking. Some 39% of care leavers aged 19 to 21 are not in education, employment or training, compared with 13% of all young people in the same age group. Some 14% of young people with care experience go to university, compared with almost half of their peers, and care leavers are 38% more likely to drop out of university. A third of care leavers become homeless within two years of leaving care, and 25% of homeless people have been in care. Care leavers are hugely over-represented in the criminal justice system. These are young people whose corporate parent has been the state, and these statistics are clear evidence that for many of them, the state is not a very good parent.

I welcome the Government’s amendment of the Bill to introduce additional corporate parenting responsibilities, but the Committee heard that there is significant disparity in the support that different local authorities offer to care leavers. We heard about the differences in support with bursaries to pay for university accommodation, access to wi-fi to be able to study and ringfenced apprenticeships for care leavers in local authorities.

In a powerful evidence session in which the Committee heard from young adults with recent experience of the care system, one witness told us that

“there needs to be a national offer for care leavers. The postcode lottery is profound”.

Another pointed to a lack of awareness of the needs of care-experienced people across the wider network of public services. She told us that

“when I had gone to the jobcentres they were very ill-prepared. They did not know any support for care leavers. There were certain grants I could have had to get back into education; they did not inform me, in fact, everything that I have done now is from me Googling it…or asking people. That should not be the case.”

A national care offer would be the foundation for building better, more consistent support for care leavers everywhere in the country. It would provide the Government with an effective mechanism for holding local authorities to account on the quality of their provision, making it much easier for care-experienced people to understand what support should be there for them and stopping the current disincentive to leave home to go to university because of uncertainty about the support when they get there. I urge the Government to support new clause 3.

New clause 4 would require health assessments of children in the care system to include assessment by a mental health practitioner. It would make assessing the mental health of children in care a core part of the health assessment of those children by ensuring that a mental health practitioner is involved. Children in care are significantly more likely to have experienced trauma and abuse than their peers, and they are consequently more likely to experience mental ill health. In 2021, 45% of children in care had a mental health disorder—rising to 72% among those in residential care—compared with 10% of all children aged five to 15.

The care-experienced young adults who gave powerful evidence to the Committee spoke strongly about the urgent need for better mental health support and suggested that local authorities are not always fulfilling their obligations to include emotional and mental health in their health assessments of children in care. One of our witnesses told us:

“Growing up it was only physical assessments; we did not have mental health check-ins at all…I think if my mental health was taken more seriously from a young age, if I had that person to check-in with me…I would probably be so much better. I would not have mental health problems growing up. I do think that mental health check-ins are equally as important—if not more important—as physical check-ins for children in care.”

Another witness said that

“looked-after children should get mandatory assessments, as with physical health. Also, if they are referred to CAMHS the waitlists are horrific right now…looked-after children should have fast tracks and there should be more funding for specialist teams.”

We heard very movingly from a witness who spoke about the need for more trauma-informed training for foster carers and other professionals working with children in care. She said:

“I feel a lot could be explained if they understood the experience of trauma. It will take time. It will not go away at night, and sometimes before it gets better it could get worse. No one talks about that. You will not be okay if you are going into care; there is a reason why you are there, and so it is important that the minute you go into care every child should have a mandatory assessment, physical and mental, and there should be that on-call support for them”.

It is the trauma that underlies the decision to take a child into care—the abuse, neglect, bereavement or exploitation—that often has the most profound impact on their lives. Our care system needs to place dealing with that trauma in a child-centred way at its heart. Ensuring that mental health assessments are properly undertaken is an essential requirement of such a system, because mental health must be assessed before treatment and support can be provided. New clause 4 would help to deliver that badly needed refocusing of the system, and I urge the Government to support it.

I wish to make two further points. First, I support new clause 14, which stands in the name of my hon. Friend the Member for Mitcham and Morden (Dame Siobhain McDonagh). It would introduce a requirement to notify a child’s school and GP when they are placed in temporary accommodation. As a constituency MP in south-east London, I see the horrific impact of poor-quality, unstable temporary accommodation on children in my constituency every week. Temporary accommodation is harming children, whether through the sleep deprivation of having to get up at 4 am to travel a long distance to their school, the lack of space to do homework, the fear and insecurity of sharing a kitchen and bathroom with strangers, the physical health impacts of living with damp and mould, or the impacts on gross motor development of being in a space that is too small to crawl or play in.

The impacts are profound, so it is completely right that there should be a statutory requirement to notify the public services that have the ability to help mitigate such impacts, and which have a responsibility for a child’s health and wellbeing when that child is placed in temporary accommodation. The Government should be taking urgent action to reduce the number of people in temporary accommodation, especially families with children. However, in the short term, the new duty introduced by my hon. Friend’s new clause would make a difference to the support those children receive.

Finally, at the same time as we are debating this Bill, the Government are preparing to announce reforms to the welfare system. I wish to emphasise the vital importance of considering the impact on children of any proposed reforms. Children do not get to choose the families into which they are born, but each one is equally deserving of economic security and access to the resources they need to thrive. It is not a justifiable outcome of changes to the welfare system to make life harder for the poorest children, or to increase child poverty by limiting the access to support that their parents receive. The Government must undertake and publish an assessment of the impact of their welfare reforms on children, and must ensure that children do not suffer as a result of any planned reforms.

[Madam Deputy Speaker (Ms Nusrat Ghani)]

I call the Liberal Democrat spokesperson.

--- Later in debate ---

[Damian Hinds]

My right hon. Friend and near constituency neighbour makes a very important point, and I am sure she is running a very effective campaign. We look to the Government to come forward with what we know will be a large and broad special educational needs reform package. We do not yet know what will be in it or what the implications will be. Of course, we want all children to be wherever is right for them. For some children, that means being educated in a mainstream setting where they can benefit from that. However, we also know that for some children, it is right to be in special school. Having the full range of provision is therefore incredibly important.

There is a great deal in this Bill that I could speak about, and which we did speak about in Committee. However, in pursuit of brevity—as I know you would wish, Madam Deputy Speaker—I am going to limit myself today to talking about two aspects: one thing that is in the Bill, and another that is conspicuous by its absence. The thing that is in the Bill is a peculiar thing to raise on the Floor of the House of Commons, because it is something with which I have not yet heard anybody disagree, and on which there is no amendment to speak to —although, to remain orderly, Madam Deputy Speaker, I can speak with reference to Government amendment 114, which is right next to it in the legislation.

I speak neither in favour nor against the principle of what I am about to cover, but raise it for what is, I think, an important reason. In this House, it is sometimes precisely with measures on which there is no disagreement that the greatest dangers lie, because this House, with its oppositional layout, thrives on people finding holes in what is being proposed and objecting to them; when everybody is saying the same kind of thing, there is a real danger that things will get through without the proper attention.

I have not yet said what I am referring to, have I? I am referring to the provisions on unique identifiers. A couple of speakers have already mentioned the importance of these measures. The hon. Member for Hitchin (Alistair Strathern) was talking about a number of almost invariably serious case reviews identifying the problems that have occurred. A lot of that centres around the lack of proper data sharing, where different agencies both knew the same child, but did not join together what they knew about that child in order to be able to act in their best interest. Having what is, in the systems world, called an “index term”—a terrible way to refer to a child—or a unique identifier for every child, so that everybody knows when they are talking about the same child, is very important. The Chair of the Education Committee, the hon. Member for Dulwich and West Norwood (Helen Hayes) spoke about the potential for this area to be genuinely transformational— I think that was the phrase she used. All of that is true.

Clause 4 allows for the creation of a single unique identifier for children and introduces new duties around data sharing. Here is my worry: sometimes when we legislate, something passes through without too much debate, and then, two or three years later, all sorts of other things start happening, and when we query why they are happening, people say, “Well, you lot voted for this. You passed a law about it. Perhaps these are some of the consequences.” I think something along those lines might have happened with GDPR, for example, and some of the things that we now see coming through on rules around children’s social media use and ages.

The creation of the single unique identifier is a massive change in the way we keep records on people in this country. With the potential to join up different databases, there are great positive implications for things like child safety, but there are other implications around privacy, data security and so on. It has been suggested that the NHS number would be the unique identifier used for each child, which, at first glance, seems an obvious and sensible thing to do. As a former Minister in the Department for Work and Pensions, Madam Deputy Speaker, you will know that in the past, various projects have proposed using the national insurance number as a unique identifier for adults, which, at the time, also seemed like a sensible and clever thing to do. However, when it was prodded further, it turned out that the national insurance number database is not perfect, and I am afraid the NHS number database may not be, either—it just was not designed for this kind of purpose.

We are obviously not going to have a big debate on this issue today, although they may do in the other place when they talk about the Bill. However, over time, I think we will have to unpack what this whole new system may imply. For a start, is it talking about using the existing NHS database and the index term—the unique identifier for individuals—or is it talking about taking those numbers and putting them into a new database or system, which would have significant cost and time implications? If it is using the current NHS database, we need to think about the implications.

There has been a different debate going on about AI and the use of large amounts of data for academic research. What would be the implications of having this huge database with every child in the country potentially linked to all sorts of other databases, with details about them, for that kind of research? How secure would the system be? We can probably safely say that the system would not give the same number to two different children, but I am not 100% certain that we could say with total confidence that the same one child could not, at different times in their life, have different numbers, particularly with immigration and re-immigration, change in family structures and so on. What would that mean for the system?

More broadly, though, once we had this unique identifier and a national database of this sort, we could use it for quite a few things other than child protection. Some of those things might be considered by many of us in this House to be pro-social things that are worth pursuing. We have been having debates about age verification and the use of electronic devices and social media, for example; such a database would probably be the most reliable identity system for under-18s.

What about after age 18? If children have grown up with this database and with a number and identifier attached to them, that would not disappear just because they pass the age of majority. In theory, they could carry on having a linked database that potentially links up child protection sources, NHS sources, police national computer and so on—who knows what else could be joined up. We might then find that we have a system of national identity cards without having sought that in the first place.

[Helen Hayes]

The right hon. Gentleman is raising a number of technical considerations about the implementation of a project that is no doubt very ambitious. But does he not hear the cries from parents of children with SEND who are so weary of having to tell their story again and again to different parts of the system that are supposed to help them, and are currently being hampered in those efforts by exactly this want for information about a child being held in a single place? Does he not think that, ambitious though this project is, and important though the technical considerations are, it is worth delivering, and that it is worth giving parents the confidence that we in this House will scrutinise it and do that job? There are big gains to be had from pursuing this course of action.

[Damian Hinds]

I think the hon. Lady was here for the first two or three minutes of my speech—that is broadly what I said. In fact, I quoted her talking about the transformational potential of this measure and its importance. I do not want to go through it all again, but I said that when we all agree on something, there is sometimes a danger of unintended consequences. I then said that we may not talk about all this today—we do not have to do so today—but I think the Government will probably have to come back multiple times for Parliament to be able to consider all the much wider potential implications of creating such a database. I think, not for the first time in our in our lives, we are not a million miles away from one another.

The other thing that I want to talk about, in a less consensual tone, is what is glaring in its absence from the Bill: new clause 36 on mobile phones and social media, tabled by my right hon. Friend the Member for Sevenoaks (Laura Trott). There are four parts to it: the first two state that the chief medical officer should be commissioned to issue a report, and the Government will conduct research on the effects of social media on children and young people. That was in the Bill introduced by the hon. Member for Whitehaven and Workington (Josh MacAlister), which we discussed a couple of Fridays ago.

The third thing was in the wider package, as colleagues will remember, but the Government did not agree to it: a phone ban during the school day. That is point of contention, although I know that many hon. Members across the House, including in the Labour party, agree on it. There are limits to the approach. An argument that is always made when asking, “Why not ban mobile phones at school?” is, “What about out of school?” That is a good question, but it is not a reason not to do the first part. I readily admit that most online harm happens outside school. We know from research, including the recent study from the University of Birmingham, that a school ban does not necessarily reduce the total amount of time that young people spend online—it just displaces some of it. That does not necessarily improve things such as sleep, which is a big worry for teenagers, nor does it address wider issues of attention span, eyesight and so on.

Rules are still important, for the sake of both children and schools, but three things in recent years have changed the context for behaviour in schools. The first is a set of things that happened around covid—a sort of attitude shift that seems to have happened to a large extent throughout society. The other two things are vapes and phones. Of course, there is a universal ban on vapes at school. That does not mean that they never get through, but pupils are not allowed to vape in any state secondary school in this country. Phones are the other thing. We know—I say that because it applies to us as well—that if we have a phone in our pocket, even if we are not looking at the screen in front of us, it is still something of a distraction, because it could buzz at any time. In fact, we might be wondering if it will buzz when someone replies or comments on a post or whatever it might be.

The school day in its entirety should be devoted to school. That means not just lessons and learning things, although that is the primary aim, but being a child or young person, being with friends and growing up without those distractions.