Children's Wellbeing and Schools Bill (First sitting)

Lizzi Collinge Excerpts

Committee stage
Tuesday 21st January 2025 Public Bill Committees

[Amanda Martin (Portsmouth North) (Lab)]

For the record, NAHT—National Association of Head Teachers—was my previous employer, before I came to this place.

[Lizzi Collinge (Morecambe and Lunesdale) (Lab)]

For the record, I am still a Lancashire county councillor. The council has responsibility for children’s services.

[Matt Bishop (Forest of Dean) (Lab)]

Currently, I am a member of a union and was a workplace representative for a school before being elected.

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[Munira Wilson]

Q Dr Homden, you have talked about the lack of provision for children with special educational needs. What do you make of the power in the Bill for local authorities to refuse parents the right to withdraw their children from a special school to home educate if they do not feel that the special school is meeting their children’s needs?

Dr Homden: That is a really complex area to consider because of the circumstances of individual children such as my own child, who was not withdrawn from school but had no available provision for two years of his school life despite being fully known and documented. I sympathise with parents who feel that the risks facing their child in a setting, as well as out of a setting, might lead them to that position. I sympathise strongly with the driver within the Bill, but much more consideration needs to be given to that question because of the lack of provision. At Coram children’s legal centre, we are constantly representing parents where there is significant failure to fulfil the education, health and care plan, which is a child’s right and entitlement.

[Lizzi Collinge]

Q Anne, you said that family group decision making can be fantastic if done well. What are your thoughts about how prescriptive the statutory guidance should be on the format of those family group decision meetings?

Anne Longfield: It has to be. If this is to be the cornerstone of our ability to move towards a kinship model, intervene earlier and get alongside families, it has to work properly. All the evidence is based on a full family group conferencing system. Of course, you would want to take any opportunity to work around families, but this is about planning, being there at the right time and having the involvement of children and families. That is not something that local authorities themselves can decide on.

It is also about the commitment to do something with it. Without that, it could just be a meeting with families, which would be an absolute missed opportunity. I am not a specialist in this; I went along and found family group conferencing about 12 or 15 years ago. I used to call them magic meetings. Out of nowhere came solutions that changed people’s lives. I do not want to become too enthused, but it has to be done right, and the principles need to be seen through.

[Ellie Chowns (North Herefordshire) (Green)]

Q You have enthused about family group decision making. Do you think it would be useful at other stages in the process, particularly in approaching families for unification at the point of discharge for care leavers?

Dr Homden: Yes, we would support that. We would also call for specific coverage in the statutory guidance on how children with family members abroad can benefit, and for consideration in that guidance on contact, particularly with siblings.

Anne Longfield: I would also look at the mechanism at other points, such as when children are at risk of becoming involved in crime and the like. But for now, yes.

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[The Chair]

We still have six keen people wanting to come in, so can we have brief single questions and answers, please?

[Lizzi Collinge]

Q I draw the Committee’s attention to the fact that I am a corporate parent in Lancashire. I am interested in the powers on financial oversight and profit caps on residential children’s homes in particular. What impact do you foresee that having on the resources you have available to look after children?

Ruth Stanier: We very much expect that these measures should, over time, lead to a reduction of some of the extremely high costs that have been set out in recent research we have done. That should free up some additional funding for all the other things councils need to be doing.

Andy Smith: If you look at the breadth of measures in the Bill around having the right placements for the right type of child in the right part of the country, and having regulations to try to move away from unregulated placements—we have seen the proliferation of those in recent years—over time we should start to see a more consistent provision of accommodation and placements across the country. There is a focus on fostering, kinship care and prevention as the continuum that we need for children, and there is a real focus on trying to keep children out of care in the first place.

[Ellie Chowns]

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

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

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

Children's Wellbeing and Schools Bill (Second sitting)

Lizzi Collinge Excerpts

Committee stage
Tuesday 21st January 2025 Public Bill Committees

[The Chair]

Before we take evidence from further witnesses, we have a declaration of interest.

[Lizzi Collinge (Morecambe and Lunesdale) (Lab)]

I want to make the Committee aware that I am the chair of the all-party parliamentary humanist group. That may become relevant because of evidence submitted to the Committee.

[The Chair]

Thank you. I am a vice-president of the Local Government Association, but as I will not be making any comments, that may not be relevant.

Examination of Witness

Dame Rachel de Souza gave evidence.

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[Damian Hinds]

Q Finally, on the different subject of elective home education, quite a lot of detail is proposed in the Bill about the way the register of children not in school will work, including some requirements on the registration of providers of education to those individuals, whether that be online education or some other form of tutoring. How much consultation has there has been with Ofsted about the drawing up of those provisions?

Sir Martyn Oliver: We have been involved in that for quite some time, even with previous Governments, whether it was about online education or all these aspects. I think that all our intelligence, for years, has carried forward into this Bill.

[Lizzi Collinge]

Q I want to talk about unregulated schools and the register of children not in school. I have seen evidence outside the Committee that shows that there are serious concerns about poor education in unregulated settings, as well as abuse and neglect. If you have any comments about what the problem is that the Bill is trying to solve, I and other members of the Committee would like to hear them. How will the new powers relating to unregulated schools allow you to protect children at risk of harm, specifically? Will they be an improvement on the current powers that you have?

Sir Martyn Oliver: To answer your last question first, absolutely: it is a significant improvement on our powers. Since 2016, we have carried out almost 1,400 criminal investigations into almost 1,300 unique unregistered settings. Not all investigations lead to an on-site inspection. We have carried out almost 900 on-site inspections and issued 200 warnings, meaning that in over one fifth of on-site inspections, we were able to secure sufficient evidence that a crime was being committed, despite our limited powers at that point and under the current legislation. We have worked with the Crown Prosecution Service to successfully prosecute seven cases, including a total of 21 individual convictions.

The new powers will significantly improve our ability to do that, and the speed at which we can do it. It is very difficult to carry out those investigations. It is incredibly resource-reliant and takes significant time—regularly between 12 and 24 months—if we can get it to that position. The changes will help to address those loopholes in the law, but we think that there are some areas for improvement. As I have said, the need to get a warrant in all cases will be incredibly bureaucratic and expensive for Ofsted. Obviously we want to do it with care—we do not want to break into people’s homes and inspect them—but on commercial premises we think that there is a more proportionate response, which will reduce bureaucracy, reduce the cost to Ofsted and allow us to focus on keeping children safe.

[Ellie Chowns (North Herefordshire) (Green)]

Q On balance, do you welcome the provisions in the Bill to ensure that all schools follow the national curriculum?

Lee Owston: Obviously there is a review, from Professor Becky Francis, of what the national curriculum will contain, and we are speaking frequently with members of that review. From an inspector’s position, it will always be about how providers are adhering to the legal requirements set by Government and Parliament. Obviously, we look forward to seeing what the Bill produces in how we then interact with it. In terms of a broad legal requirement, and what all children as a minimum should be able to access, I would support that statement.

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[Munira Wilson]

Q Nigel, I was interested that you said that 65% of small rural primaries are Church of England schools. The Bill’s provisions state that breakfast clubs will be a universal offering. Will those small rural primary schools have the capacity to deliver what is laid out in the legislation?

Nigel Genders: That is a really important question. Broadly, all our schools are really supportive of the breakfast club initiative and think it is helpful to be able to provide that offer to children, for all the reasons already articulated during the previous panel. You are right that there will be particular challenges in small schools in terms of staffing, managing the site, providing the breakfast and all those things. As the funding for the roll-out of breakfast clubs is considered, it may be that there need to be some different models. The economies of scale in large trusts serving 2,000, 3,000 or 4,000 children are quite different from those of a school that has 40 or 50 children, one member of staff and probably a site manager. The ability to provide breakfast for every child in a fair way needs further consideration. The legislation is right to endeavour to do that, but the detail will be about the funding to make that possible.

[Lizzi Collinge]

Q I want to follow up on a couple of previous questions and make sure that I have clarity about something that I appreciate is complex. This is about faith selection, particularly in relation to clause 51. Do you expect that Church of England and Catholic schools—if you have any information about other faith groups, I welcome it, but I appreciate that you do not represent other faith groups—in the short, medium or long term will use the changes brought in by clause 51 to open new schools with 100% faith-based selection?

Paul Barber: Clause 51 does not change the parameters within which we can open new schools. As drafted at the moment, the Bill leaves that possibility exactly as it is today. I have outlined my position on when we would seek to open new schools. The idea of opening new schools and creating new places is to satisfy all the parental demand. The provision of places and admissions are two things that work together. If an area has insufficient places in Catholic schools for all the families who want to take advantage of that education, obviously the longer term solution is to create more places, but in the shorter term it has always been part of the system—in our view, very reasonably—that if there are insufficient places, priority should be given to the community who provided the school in the first place, with others afterwards. That has always been part of the system that we have operated in since the 19th century.

[Lizzi Collinge]

Q May I clarify? In certain circumstances, yes, you would like to have schools with 100% place selection?

Paul Barber: We are talking about oversubscription criteria, which only kick in when there are insufficient places to satisfy parental demand. In those cases, we would wish to continue to give priority to Catholic families.

Nigel Genders: Again, Paul has identified a difference in policy area between the two Churches in this space. My answer is the same as previously: that would not be the case for the Church of England. We are much more interested in some of the other parts of the previous consultation, which have not come through yet—around special schools and the designation of special schools with religious designation. The Church of England would love to be able to provide special schools in those circumstances. In the provision of new schools, whether voluntary-aided free schools or voluntary controlled, we would not be looking to do 100%.

Paul Barber: We would also welcome having more. We already have special schools, but we would like to have more.

[Damian Hinds]

Q I would like to go back to the curriculum—