Education Bill

Lord Northbourne Excerpts

Tuesday 18th October 2011 Lords Chamber

Moved by

[Lord Northbourne]

1: Before Clause 1, insert the following new Clause—
“Foundation Stage
During a child’s first five years, both the father and the mother have a responsibility to do their best to provide or procure for their child the early education, including the personal, social and emotional development that child will need when they enter primary school at 5 years old.”

[Lord Northbourne]

My Lords, I apologise to the House as I did not hear the amendment being called. In Committee, I received strong support from all sides for my amendments on the importance of early years parenting. We all agreed that too many of the nation’s children today fail to get in their early years a foothold on the bottom rung of the education ladder. In her report published earlier this year, Dame Clare Tickell says:

“Parents and carers are the people who have the most important influence on children’s early development”.

She goes on to say that “clear and unambiguous evidence” shows that 44 per cent of children,

“are still not considered to have reached a good level of development by the end of the year in which they turn 5”.

The issue of how we improve school readiness is clearly important.

In his response to my amendments in Committee, the Minister suggested that my concerns were dealt with by Section 1 of the Childcare Act 2006. Having read it very closely, I find that the Childcare Act 2006 indeed sets out general duties on local authorities in relation to the well-being of children but it addresses the issue in terms of institutional childcare and nursery education. It makes no mention of the need to encourage, help and support parents who struggle to support their child with the start in life that it needs. The Act makes no mention of early years education in the home.

Looking at it in detail, Section 1 of the Act provides for free-of-charge provision of early childhood services. Section 2 defines the meaning of early childhood services and mentions parents only in that context. The rest of the Act makes it clear that the services referred to are institutional childcare services. They do not cover the role of parents and family members in the home. In my opinion—I say this with regret to the Minister—the Childcare Act 2006 is not a good basis for addressing the issue of the needs of parents, and indeed grandparents and family members, in their role as carers and educators of a young child.

The Government’s policy seems to be to deploy all available resources to the provision of out-of-family childcare and early education rather than supporting adequately parents in their efforts to educate in the home. As the noble Lord, Lord Peston, wisely said in his excellent intervention in Committee, the Government cannot take on the role of a parent.

Of course, institutional childcare has an important part to play but so do attachment, love, care, encouragement and education in the family. In the first two years of life, most children spend almost all their waking hours with a parent or surrogate parent. Even when they start to spend 15 hours a week in nursery school, they will probably spend the vast majority of their waking hours within their family. It is also important to remember that some families, often the most vulnerable, do not have any contact at all with institutional childcare services—often because they fear that if they did, social services might take their child away. In my view, there is the strongest possible case for working with and through parents, and through family structures, to help potentially disadvantaged children to develop emotionally and socially so that they are school-ready when they reach compulsory school age. The Childcare Act 2006 does not address these problems.

I turn now to Sarah Teather’s position paper Supporting Families in the Foundation Years, which unfortunately became available only after we dealt with these issues in Committee. Sarah Teather’s report is excellent and most welcome in many respects but it, too, fails to place sufficient emphasis on developing more and better in-family education in the early years. It does not give it anything like the same level of importance as it does to institutional care outside the family—I am sorry, my computer made a mistake and printed something in the wrong place.

The Government are making a mistake in this. I cannot see much hope in changing the policy by putting this matter to the vote during the Report stage, but I should be very grateful if the Minister would agree to meet me to discuss whether there is any possible way in which we could put more emphasis on in-family education as well as out-of-family education.

The three amendments which I have set down today move in the same direction as my earlier amendments but have much more modest objectives. Amendment 1 is about the very strong case for trying to reduce unwanted pregnancies, and to do that by making all parents, especially men, more aware of the obligations that they have to any child who they bring into the world. This is a matter not of outdated Victorian values but about what we believe is fair to the child. Surely every child should, as far as possible, have a chance to get their foot on the bottom rung of the education ladder before they go to primary school. Well informed and well motivated parents are the best and, incidentally, probably the cheapest way to achieve that objective. I believe that a reduction in unwanted pregnancies will not be achieved by making laws or by providing more institutional childcare. It can happen only as a result of a change of heart in our society, which would require a major campaign such as the one that so successfully addressed passive smoking. A clear statement such as this amendment, if accepted, would produce a solid basis for such a campaign.

I have set down the second and third amendments in my group because I believe that there is a strong case for making someone explicitly responsible for ensuring that the services to parents which the Bill establishes are actually being delivered by the wide range of different bodies that will be involved. It seems to me that the pattern of joint working that the Government propose for the early years services will lead to extravagance, duplication and inefficiency—especially when it comes to shared budgets. What business would run successfully without someone in charge? I have selected my amendments on the basis that so much of the delivery of this programme will fall on local authorities and they should have to answer for the effectiveness of delivery in their areas. At national level the Department for Education should have overall responsibility to Parliament in order to ensure that the outcomes of the programmes are being delivered because I believe that the early years programme is a key element in the success of the Government’s policy to improve educational outcomes and to reduce disadvantage.

I have set down these amendments because leadership is a subject that should not pass without some discussion in this debate. I beg to move.

[Baroness Walmsley]

My Lords, I very much commend the objectives of the amendments of the noble Lord, Lord Northbourne. I feel sure that my noble friend the Minister would also do so although I strongly suspect he would not accept that they should be put in the Bill. They express the Government’s intention in relation to helping and supporting parents. I am sure we all understand how important well informed, confident parents are to the upbringing of our children.

I agree with the noble Lord that we need a change of heart in this country. We need to accept that parenting can be learnt. I was in New Zealand during the summer and talked to the people who instituted its highly successful SKIP programme of parenting assistance, support and information. It is based on the premise that you can learn to be a better parent if you are well informed about how children develop, how their brains develop, what works and what does not, and what is good for the child and what is not. We can do that in two ways in this country. One is to start with PSHE in schools and work with young people to help them understand the seriousness of what they take on, as the noble Lord said, when they become parents. Later we can provide more assistance to parents.

I thank the noble Lord, Lord Northbourne, for his somewhat qualified warm words about my honourable friend Sarah Teather in another place. I would point out that she announced during the conference season this year that the Government will be providing more funding for parents who wish voluntarily to attend parenting classes. That is very much a step in the right direction.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Schools (Lord Hill of Oareford)]

My Lords, it has been an extremely good debate to kick off Report stage. Like others, I thank the noble Lord, Lord Northbourne, for raising this issue. No one has done more than him to keep the importance of parenting before this House. No one could possibly disagree with him about the vital role that parents play and about the importance of helping children get off to the best possible start in life. He is always keen for the Government to do more, but I hope he will accept that there is a lot going on in the early years already.

I imagine the noble Lord saw the announcement made yesterday by my honourable friend Sarah Teather about the parenting trials that will be run in Middlesbrough, High Peak and Camden. My noble friend Lady Walmsley referred to the lead that my honourable friend Sarah Teather is taking in this respect. Those trials will give parents access to parenting classes during the first five years of their child’s life so they can have help with parenting until the child starts school. I would be very happy to arrange for the noble Lord, Lord Northbourne, and any other noble Lords who are interested, to be briefed more fully on those trials.

As the noble Baroness, Lady Hughes of Stretford, said, the Government are protecting support and advice for parents in some other ways as well. We funded a range of voluntary and community sector organisations to operate online and telephone support services which, in the past three years, have had 10 million contacts from parents. They give help to parents in the important job of bringing up their children, and there is more news coming on those later this week.

The noble Lord, Lord Northbourne, has tabled three separate amendments relating to parenting. The first would be a duty on parents. While I agree that parents—both fathers and mothers, as has been said, not just mothers—have a responsibility to provide for their child, including promoting their personal, social and emotional development, we do not believe that imposing declaratory obligations on parents is the right way forward, as my noble friend Lord Eden of Winton, also argued. We know that most parents do a good job, as my noble friend Lord Storey reminded us, many in difficult circumstances, and we therefore do not think that they need a new legal duty to do what they do naturally. The duty would also be unlikely to motivate the small number of parents who do not do a good job. We would argue that what is needed is practical help and support of the kind that a number of noble Lords have already raised—for example, about communication, a point that the noble Baroness, Lady Hughes of Stretford, underlined from her distinguished experience as Children’s Minister.

The kind of support we provide is offered through Sure Start children’s centres. I know that the noble Baroness is concerned about those and their future, as we discussed yesterday and will discuss later today. The Government are putting in enough money, through the early intervention grant, to sustain a national network of Sure Start children’s centres and to make sure that they focus on those with the greatest disadvantage. I have mentioned the parenting trials and the helpline services. There are programmes for families with multiple problems or the kind of flexible working that was mentioned by the noble Baroness, Lady Howe of Idlicote. We are also adding 4,200 more health visitors. Those are the kind of health visitors who will be able to carry out the sort of assessment that was mentioned by the noble Lord, Lord Ramsbotham. I shall come back on his points in a moment.

We have protected the 15 hours a week free nursery education for three and four year-olds, and, subject to parliamentary approval, we will extend that to disadvantaged two year-olds. Local authorities are under statutory duties to ensure that there are sufficient children’s centres to meet local need, so far as is reasonably practical, and to provide information to parents about the services available locally to help them. That brings us on to the important points that were raised about information, particularly by the noble Baroness, Lady Howe. The point raised by the noble Lord, Lord Ramsbotham, was echoed by my noble friend Lady Benjamin. He is right to highlight the importance of speech and language to children’s school readiness. The Government, on the recommendations of Dame Clare Tickell, are introducing a review of children’s progress at age two. We are looking at bringing the health and education aspects together in the way that the noble Lord said. I know that my honourable friend Sarah Teather is looking at that, but I will also raise the point with my noble friend Lord Howe.

With regard to information generally, there is quite a lot of information out there. The early years foundation stage profile gathers information on a child’s preparedness for school. Under existing legislation, local authorities are required to collect information about children’s progress in the early years foundation stage at age five, and the Secretary of State publishes these data annually at both the local authority and national level. But what I will do, which might help noble Lords, is to write to the noble Baroness, Lady Howe, and set out in one place the various ways in which information is provided so that we can pull it all together and see what is out there.

Like all other noble Lords who have spoken, I am extremely grateful to the noble Lord, Lord Northbourne, for raising the profile of parenting. I would be keen to take him up on his generous offer of discussing these important issues further after Report stage and to arrange for him to meet my honourable friend Sarah Teather who has responsibility. I will speak to the noble Lord with a great deal of pleasure.

As regards these amendments, we do not think that the statutory declaration is a necessary or practical way forward. I know that I will have disappointed the noble Lord but in light of the existing duties around the provision of information and services, I would ask him to withdraw his amendment.

[Lord Northbourne]

My Lords, I always get a bit nervous. It makes me feel a bit of a bore when everyone is so kind as to say that I am always raising these issues. But they are none the less important. Perhaps I may take what the Minister said first—I think it was referred to by the noble Lords, Lord Eden and Lord Peston, one against and one in favour—as regards why it would be a good idea to put something in the Bill. It is not at all an original idea. The Children (Scotland) Act 1995 already has a very good definition of the responsibilities of parenthood.

Earlier this autumn, I was at a wedding in France. I was interested that the mayor read out certain extracts from the Code Civil to the married couple. Loosely interpreted, one extract said, “If you have children, you as parents will be responsible for feeding and caring for your children”. It is not unthinkable or way out to suggest that some sort of hint of obligation could be in statute. I suggest it more as a matter of principle. As someone said, our moral values have hugely changed, not always for the worse, since the introduction of contraception. We really have not thought the issue through properly to ensure that everyone understands what we as a society believe to be the responsibilities of bringing a child into the world. Somewhere, somehow, some Government have to have the courage to get people together and to say, “Look, this seems to be a reasonable compromise solution”. It should be thought of in terms of the rights of the child.

I do not think that the noble Lord spoke to my two other amendments but I shall read what he said. There is an element of chaos in the organisation that the Government are proposing. The speeches of a number of noble Lords today have shown that one person is doing one thing and another is doing something else, but one did not know that the other was going to do it, and this, that and the other. Somehow, it needs pulling together as an organisation if we are to get results, and get them at the right price. I am sure that an enormous amount of money is now being wasted in terms of duplication.

I am very grateful to so many noble Lords for participating in the debate on this important subject. I had something to say about what the noble Baroness, Lady Walmsley, said but I have forgotten what it was. I hope that we shall move forward on these issues from one Bill to the next. On that basis, I beg leave to withdraw the amendment.

Amendment 1 withdrawn.

--- Later in debate ---

[Baroness Walmsley]

My Lords, I think I can give the noble Baroness, Lady Hughes, some comfort on Amendment 4 because I am very familiar with a document called the coalition agreement. Although we cannot bind any future Government, this Government are bound by that agreement. I do not think it would allow any reduction at all in the amount of early years education provision given to children in this country during the five years of this Government. Turning to Amendment 5, I agree with the noble Baroness on the point about qualifications. The most reputable pieces of academic research into the effects of early years provision make it clear that the better the qualifications of the staff leading a centre, the higher the quality of provision and the more good that does for children. Indeed, it has also been shown that poor provision can do more harm than good. The noble Baroness is absolutely right that we should focus on improved qualifications for the early years workforce.

On the number of Sure Start children’s centres, it is a pity that the noble Baroness’s diary was unable to allow her to attend the meeting and seminar of the All-Party Parliamentary Group for Sure Start last week, at which we heard from a number of local authorities. It has to be admitted that they were all struggling to continue to make the provision they wanted to make for children and their parents. It was startling to see how differently they approached the issue. One of them pointed out that while in some cases they had closed a physical centre, they had not ceased to provide services to children and their families because they were being offered out of another centre, or from a virtual centre or something like that. We have to allow local authorities to work with the budgets they are given and make provision in the way they see best. But, of course, we also have to allow them to impose their own priorities on the provision they make. I am delighted that so many local authorities consider Sure Start children’s centres to be so important that they have somehow managed not to close any or reduce the services they provide.

[Lord Northbourne]

My Lords, I would at this point offer a brief thought on this amendment, which I do not entirely support. All the payments we are making are about inputs and what really matters is outcomes. How and whether it is possible to measure the output from a children’s centre, I am not entirely clear. It would not be easy and, so far as I have had any experience of children’s centres, there is a wide variation; not only in the quality of the service that they offer, but also in the clientele they offer it to. In one that I visited, it was quite manifest that the parents were quite wealthy, and when I asked them what they did about hard-to-reach families, they sucked their teeth and said, “Well, they are hard to reach”. So it is outputs that we should be paying for, not inputs.

[Lord Hill of Oareford]

My Lords, it is clear from the discussions that we had earlier in Committee and the exchange today that everyone on all sides of this House agrees on the importance of investing in children’s early years. We know that high quality early education is crucial to achieving greater social mobility and to improving the life chances of all children. That is why the Government seek to extend the free entitlement to early education to disadvantaged two year-olds. Clause 1 allows us to build on the provision that the noble Baroness, Lady Hughes of Stretford, established through the Childcare Act 2006. I was grateful for her generous welcome for the measure. I know how much it means to her. I also know what a respected Children’s Minister she was, so I think there is agreement across the House on the importance of this measure.

Since we last debated this clause in Committee, the Government have published their Families in the Foundation Years policy statement. That sets out the Government’s vision for the foundation years as a whole and reaffirms our commitment further to improve early years services. It includes a number of proposals specifically on the early education free entitlement. For example, we intend to launch shortly a public consultation on how the flexibility and quality of provision of the entitlement could be improved. This consultation will also cover the criteria for which two year-olds should be eligible for the free entitlement.

Despite the challenging economic circumstances we face, we have protected funding for the three and four year-old entitlement and provided the additional funding that the noble Baroness, Lady Hughes of Stretford, referred to for disadvantaged two year-olds.

The noble Baroness, Lady Hughes, set out her concerns underlying Amendment 4, and I understand what she seeks to achieve. The current entitlement for three and four year-olds is set at 570 hours a year, over no fewer than 38 weeks a year. That is, 15 hours a week. We now seek to extend this to all disadvantaged two year-olds. While I understand the case that the noble Baroness made about protecting the level of this entitlement in primary legislation, the question that I would ask is the same that my noble friend Lady Walmsley asked: protection from whom?

This Government, as my noble friend says—I am sure she is accurate, since she knows the coalition agreement extremely well—have given repeated assurances over the early education entitlement. I am also sure the noble Baroness, Lady Hughes, recognises that, and her party clearly believe that one would want to move only in one direction. So do the Liberal Democrats.

The first amendment in this group seeks to tie the hands of future Governments regarding the entitlement and I would contend that we do not think it is the place for primary legislation to prescribe that level of the entitlement. Those details should lie in regulations. That was the approach taken by the previous Government when they initiated free entitlement for three and four year-olds in the Childcare Act 2006. When the noble Baroness was in my department, they argued in their memorandum to the Delegated Powers and Regulatory Reform Committee in 2006 that:

“It is appropriate that this provision is in secondary legislation to give flexibility to react to changing circumstances”.

We believe that was the right approach.

Subsequent Governments will have to make their own judgments on the appropriate level of the free entitlement. We are responding to lessons that have been learned from experience since 2006, and in particular in extending it to disadvantaged two year-olds, and it is possible that future experience may throw up other lessons. So, as the noble Baroness conceded that she would expect, we believe the first amendment is unnecessary.

The noble Baroness’s second amendment concerns the sufficiency of children centres to meet local need and the qualifications of the staff working at them. There is no difference between us about the importance that we attribute to children centres. They are vital to improving outcomes for children and their families—a point made also by the noble Lord, Lord Northbourne—and it is the outcomes rather than the inputs, to use the jargon, which are important.

There are, year on year, overall improvements in early years foundation stage outcomes and that is vital. We know that 94 per cent of children who achieved a good level of development at age five in 2007 went on to achieve the expected levels for reading at key stage 1 in 2009. So there is a clear link.

The existing legislation requires local authorities to ensure there are sufficient children centres to meet local need so far as is reasonably practicable. The effect of the noble Baroness’s amendment would be to take out having regard to what is “reasonably practicable”. We should stick with the current formulation. As my noble friend Lady Walmsley argued, local authorities need the flexibility to be able to determine local priorities in the context of their many responsibilities and, yes, the resources that they have available to them. Again, that was the position that the previous Government took in 2009: local authorities must be able to consider their local context, their resources and their overall priorities as they strive to ensure access to services that improve young children’s outcomes.

The noble Baroness, Lady Hughes of Stretford, is right to say that local authorities are facing difficult financial circumstances. I know of her concern about the funding going into Sure Start children centres. She or one of her colleagues in another place has carried out their own work to ascertain the extent of what is going on. The department is monitoring the situation and is working with local authorities to get an accurate fix on what is happening. She will know probably better than me that it is a fluid situation, and we want information from which we can see how things are developing.

As my noble friend Lady Walmsley has just mentioned, and mentioned yesterday, many authorities are keeping all their children centres open. Local authorities should have the flexibility to deliver services in the ways they think best meet local needs within the resources that we have.

I agree with the noble Baroness, Lady Hughes of Stretford, about the importance of qualifications. Again she will know that for some roles qualification requirements are in place. The statutory framework for the early years foundation stage specifies that all supervisors and managers of registered childcare settings for children under five must hold a full and relevant level 3 qualification and half of all other staff must hold a full and relevant level 2 qualification. Those health services delivered through children centres can be provided only by suitably qualified and experienced professionals because of other statutory requirements already in place. As Dame Clare Tickell said in her recent review, there has been an improvement in the skills of the early education and childcare workforce in recent years. We have set up recently a review of qualifications for the early education and childcare sector, led by Professor Cathy Nutbrown, to consider how best to strengthen qualifications and career pathways.