Children and Social Work Bill [Lords]

Maria Miller Excerpts

2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons & Ways and Means resolution: House of Commons
Monday 5th December 2016 Commons Chamber

[Mrs Maria Miller (Basingstoke) (Con)]

It is a great pleasure to follow the hon. Member for Walthamstow (Stella Creasy) and to have heard not only Opposition Members’ broad support for the Bill, but the important points they have raised. There can never be too much consensus on these issues. As my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) said, we just need to do better for vulnerable children. Challenge is part of that, as are new ideas. We cannot allow the Bill to be a missed opportunity in terms of prevention or the knowledge we give to children, because they are as much a part of the safeguarding process as any other structure or law that we put through this place.

The focus of the Bill is very much children who cannot remain in the family home, but its scope has been widened, particularly through Government amendments made in the other place, to broader issues around child welfare. I will focus on some of the broader issues, particularly the provisions regarding adopted children and ongoing support for them; the more contentious issue of the power to innovate, which some Members have talked about today, the measures on which were voted down in the other place; and, finally, what more the Bill could do to improve the welfare of children and to empower children.

The Bill proposes improvements to the long-term placement of children for adoption and the assessment of their current and future needs through care orders. I hope that the Minister will take this opportunity to tell the House how the new measure sits alongside recent Government announcements on the adoption support fund. In particular, I am thinking about the interim cap on financial support that was put in place midway through the financial year.

The adoption support fund ensures that important therapeutic support can be funded for adopted children, some of whom are coping with difficult trauma, complex and challenging behaviour, and mental health problems. That can result in a high risk of adoption breakdown. The fund already helps thousands of families—I believe it was 3,500 last year—and the Government are increasing the budget to about £23 million this year. That significant investment perhaps underlines the Minister’s deep knowledge of the subject and his understanding of the challenges that parents of adopted children face, which he has gained from his own family’s experiences. I put on record my thanks to the Minister for all that he has done to support families with adopted children. I know that my constituents are enormously grateful for his expertise in this area.

Perhaps we should be unsurprised to hear that the demand for the fund has outstripped the supply of finances. The Minister, with the inevitable fiscal duties on him, had to introduce a cap to the budget in October. Although that was understandable as a normal response to keep control of budgetary pressures, it has inevitably created uncertainties for families such as my constituents, Mr and Mrs Cross, who adopted their son in August 2013. Mr and Mrs Cross are incredible. They have adopted a young child with foetal alcohol spectrum disorder which, as many will know, means their son requires significant support.

Mr and Mrs Cross have taken the necessary measures and are doing a fantastic job. The child’s therapy has been hugely beneficial, leading to real progress, but because it costs in excess of the new £5,000 cap, it is uncertain whether the funding will be available in the near future. The next phase of treatment costs about £10,000 and would require the local authority in Hampshire to match fund, in year, any costs over £5,000. Clause 8 calls for long-term plans for the care of a child to be in place, yet my constituents, who have made an incredible choice to care for a severely disabled child, are now unsure whether his care can be funded. I hope that the Minister, perhaps in his response to the debate, will reflect on how a local authority such as mine in Hampshire might respond, and reassure Mr and Mrs Cross that the support for their child will continue.

The second issue I want to speak about is the controversial power to innovate, which was contentious in the other place. Indeed, the then clauses 15 to 18 were removed from the Bill after a vote. The provisions would have allowed local authorities to apply to the Secretary of State to test new ways of raising children’s outcomes and to allow high-performing local authorities to be involved in that work. It is important that we pay heed to the strongly held concerns raised by expert voices, not just in the other place but outwith this place, and I will be interested to hear the Minister’s response to those concerns, which have been echoed again today.

None the less, the Department has put in place something that we need to look at again: the idea of giving “partners in practice”—my local authority in Hampshire is one of only eight in the country—the opportunity to look at innovative ways of working. If we are to find better ways to care for the vulnerable children about whom we all feel so deeply, we need to be open to new ideas, so I hope that we can revisit this idea, which was strongly supported by my local authority as well as experts such as Professor Eileen Munro. It is right that this tightly regulated area is as protected as it is, but I cannot believe that there would not be a benefit from our looking at new ways of working. We will all have seen examples of that in today’s briefings.

The problem might be—hon. Members might have put their finger on it today—that the proposals came somewhat out of the blue, as my hon. Friend the Member for East Worthing and Shoreham said. We need to take care that we do not throw the baby out with the bathwater. I do not think that the Minister had any intention for the proposals to create competition between local authorities; rather, the intention was to drive improvement, which we would all applaud. No one is suggesting that this approach would do anything other than drive innovation in an area that has developed, inevitably, in a piecemeal way in response to the various and sometimes quite appalling situations in which local authorities have found themselves.

My hon. Friend the Member for East Worthing and Shoreham talked about the need for policy and law to work in practice. When I read the Hansard report of what the Minister in the other place said, I felt that that was exactly the purpose of the proposals. I think the intention is that local authorities are able to look at how they can make the law work in practice, rather than creating something of a postcode lottery. When there is an insight into better ways of working, authorities need to be able to pass it on to other areas to improve the way in which we care for this vulnerable group of individuals.

The final issue I want to raise, building on what the hon. Member for Walthamstow said, is what we are doing to empower children themselves, especially vulnerable children who might not have the consistent involvement of their parents in their lives and who, frankly, face really difficult situations when they have to take decisions about their own welfare without the input of other adults to guide them. This Bill is one of many pieces of legislation that have put in place laws, procedures and protocols to help to protect and improve the welfare of children through a whole host of agencies, but that does not directly address what we will do to help those children themselves. We need to ensure that they are armed with the knowledge that they need to make the right choices to safeguard themselves.

That is not a new concept, but something that we have done for many years. For example, we have tried to encourage children to understand the dangers of drugs, alcohol and, indeed, early pregnancy. It is important to take that forward in a more structured way. As parents and carers, we know that we have the prime responsibility to protect our children, but we also know that our children need the ability to make good choices. We cannot be there 24/7; social workers cannot be there 24/7. It is crucial that children have the ability to make decisions themselves in an informed way.

The Bill provides a perfect opportunity for the Government to respond positively to the five Select Committee Chairs who have called for PSHE and, in particular, sex and relationships education, to be made compulsory for school-age children. I am one of those Select Committee Chairs. Our work taking evidence on our recent inquiry on sexual harassment and sexual violence in schools was a sobering experience for all members of our Select Committee.

We need to help to empower children to make their own decisions. When we hear the evidence and some of the statistics about the challenges that young people face in respect of their own personal welfare, it becomes clear that this debate is overdue and that we need to take action now. Two thirds of girls regularly experience sexual harassment in school. Children as young as eight are seeing online pornography as a place to learn about sex, and there were 47,000 sexual offences against children in this country in the last year, a third of which were perpetrated by children against other children. Communities should be able to enjoy freedom and safety, and school communities are no different from any others.

When we look at what happens to children after their school life, we find that, according to a study by the National Union of Students, 68% of students say that they are subject to verbal or physical sexual harassment on campuses. The problem does not stop there, as some 85% of women are experiencing unwanted sexual attention in public places.

The hon. Member for Walthamstow is absolutely right when she says that this is all about prevention and making sure that we can stop these problems from happening in the first place by ensuring that children have the knowledge they need to make good decisions, to understand what consent means, and to achieve some control over their own personal space and their own bodies.

The Bill has been extensively debated in the other place, where many amendments were tabled, particularly relating to the importance for the welfare of children of joint working between agencies, including local authorities, the police and clinical commissioning groups. In the other place, the Government tabled amendment 113, which dealt with that, because they recognised that a multifaceted strategy was vital to children’s welfare.

Another set of organisations also have a crucial role to play in children’s welfare: schools. If the Bill is to do what it sets out to do and to promote welfare for children, it must make sex and relationships education compulsory. What is currently compulsory in secondary schools is the science of reproduction; the rest is based on guidance that was last updated at the turn of the millennium and makes no reference to pornography, through which, as we know, more young children are finding out about sex. We also know that 40% of schools do not teach SRE very well. Perhaps all that explains why organisations such as Barnardo’s have made clear that the development of an early understanding of and respect for each other’s bodies, and a knowledge of when to ask for help through PSHE, can help to build resilience and an understanding of what healthy relationships look like, as well as mitigating the effects of exposure to such things as pornography.

[Tim Loughton]

I am closely following what my right hon. Friend is saying and agree with much of it. As is the wont of speeches on Bills concerning children, hers is straying into a number of subjects that relate to children but are not dealt with in the Bill, but I support her on this subject. Does she agree that one way of securing the better-quality PHSE and SRE that we desperately need would be to bring in experts from outside schools, especially young experts such as youth workers? They could empathise with young people who would listen to them, take notice of them and act on their advice. Would that not be better than giving the task to Mrs Miggins the geography teacher who just happens to have a couple of free periods on a Thursday afternoon?

[Mrs Miller]

My hon. Friend is absolutely right. Expertise is necessary when it comes to teaching those subjects. However, as I have said, I have raised this issue because if we are to tackle the welfare of children, we must ensure that we do so effectively. It is no good leaving children out of the equation; we must tackle their welfare head on. While I do not disagree with my hon. Friend’s point that undertrained teachers will not provide effective sex and relationships education, I think that all teachers—whether they are Mrs Miggins teaching geography or anyone else—need to understand how they can stop the sexual harassment and sexual violence that too many young people told the Committee they took for granted in their everyday school lives, and which we would never take for granted as adults. All teachers should have some sort of training in this sphere because they are responsible for the wellbeing of children while they are at school.

[Stella Creasy]

The right hon. Lady will know that I completely agree with everything that she is saying. May I help her by reassuring the hon. Member for East Worthing and Shoreham (Tim Loughton) that her speech is entirely in order in relation to the Bill? Clause 16 not only deals with the promotion of the welfare of children in local authority areas, but requires local authorities to work with the “relevant agencies”, which are those that are exercising functions in relation to children in their areas. That is exactly what schools do, and that is why we need to do this now.

[Mrs Miller]

I thank the hon. Lady for her helpful intervention.

We sometimes worry about raising the issue of sex and relationships in the House because we feel that we are taking away a primary function of parents, but that is not the way parents see it. Research conducted by YouGov shows that 90% of parents want compulsory SRE because they understand the pressures that their children are under. Those pressures have the potential to undermine the welfare of those children, especially when they are at school. Teachers understand that, too. They understand the importance of helping young people to navigate, in an appropriate way, the pressures of being a teenager in the internet world.

There is overwhelming evidence of the need for change and I make no apology for underlining it today for the Minister’s benefit. Five Select Committee Chairs have made the same point as a result of work that their Committees have done, and the Department for Education itself told the Education Committee that good PSHE underpins good academic achievement. We know that children who have received sex and relationships education and PSHE more broadly are less likely to engage in risky behaviour and much more likely to seek help when things go wrong. Children need to be able to recognise abuse, grooming and predatory behaviour. As Alison Hadley of the University of Bedfordshire told the Education Committee, if children have no

“ammunition to understand these things, no wonder they are ending up in very dangerous situations.”

Educating children about this is not an optional extra; it needs to be mandatory and an integral part of the Government’s safeguarding strategy.

In January 2014, in response to the Education Committee’s report, the Government said that they would work to ensure that all schools deliver high-quality PSHE, but 40% still do not. In November 2014, the Government established an expert group for PSHE, which recommended that PSHE should be a statutory entitlement for all pupils. Two years on, can the Minister update the House on the progress that has been made on the issue, which 90% of parents want action on, and which Girlguiding, End Violence Against Women, the NSPCC and Barnardo’s—the list goes on—are calling for action on?

I call on the Minister to put in place a timetable for action, including a comprehensive consultation to ensure that we get this right. No one is calling for rushed measures but, as Members have said, the issue of making SRE compulsory has been ongoing for some time. Of course the education should be age-relevant in all cases, and any proposal should be implemented in a way that brings the whole House together, because that is always the best way to handle such important cross-party issues.

Children and Social Work Bill [Lords]

Maria Miller Excerpts

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

Yesterday, President Trump reintroduced his travel ban and his Muslim ban which include stopping all refugees. For generations, the US has helped the persecuted, but now it has decided to stop doing so. We in Britain continually say, “We don’t do that; that is not us.” Let us now prove it by saying that we will carry on helping the most vulnerable, that we will carry on with the Dubs scheme and that we will carry on doing our bit, just as we have done for generations.

[Mrs Maria Miller (Basingstoke) (Con)]

My hon. Friend the Member for Enfield, Southgate (Mr Burrowes) and I decided to withdraw new clause 5, which had the support of 46 Members of Parliament, including the hon. Member for Rotherham (Sarah Champion), the right hon. Member for Birkenhead (Frank Field), my right hon. Friend the Member for Meriden (Dame Caroline Spelman) and many others, because we feel very strongly that new clauses 15 and 16 do exactly what we wanted, which is to make statutory lessons available for all children in all schools. I applaud my hon. Friend the Minister for Vulnerable Children and Families, for everything that he has done to make that happen. He has demonstrated what can be achieved when there is a collaborative view in this House.

Three Select Committees have called for statutory lessons in this area, and that is a good way forward. Millions of children will benefit as a result of what my hon. Friend the Minister has announced today. High- quality relationship and sex education can play an important part in preventing child sexual abuse and exploitation. It teaches children from an early age about fundamental issues such as consent, healthy relationships and how to have respect for themselves and their peer group. It is important that we put such lessons in place and that we do so right now. This call could not be more timely, especially in the light of today’s BBC’s report about Facebook’s failure to remove illegal images of children from its social media platform. The whole House will deplore the fact that Facebook is failing in its duties.

Today’s amendments to this Bill will be an important first step in safeguarding our children, but the work cannot stop there. I urge the Minister to work with the Secretary of State for Culture, Media and Sport to ensure that there is a statutory code in place for social media. We do not want to have a situation in which internationally known corporations such as Facebook can host illegal child abuse images, including those that explicitly focus on men with a sexual interest in children.

[Dr Julian Lewis]

I am sure that almost all of us agree that sex education in secondary schools is a good thing, particularly as parents will still be guaranteed the right to withdraw their children. What one is concerned about is that parents will not have the right to withdraw their children from relationship education in primary school. What is there to prevent sex education aspects from being smuggled in under that label?

[Mrs Miller]

I urge my right hon. Friend to talk to some of the teachers in his constituency who are already touching on issues of sex education in primary schools, because it is possible to do that in an age-appropriate manner. There is nothing in this Bill that would concern parents about further sex education being taught in primary schools—quite the contrary. According to research, three quarters of all parents, if not a little more than that, welcome these measures. Perhaps it is because they understand the safeguarding issues that can be very well covered by relationship education, even at an early age. I am talking about issues around consent in particular. I hope that my right hon. Friend can support these measures, because they are important not only for the future development of our children, but for keeping them safe and for giving them the ability to call out for help if and when they need it.

[Philip Davies]

Will my right hon. Friend give way?

[Mrs Miller]

Will my hon. Friend forgive me if I make just a bit more progress? I do not want to fall foul of Mr Speaker.

I thank the Minister for responding to the amendments that I have tabled with the support of my hon. Friends the Members for Enfield, Southgate and for Harwich and North Essex (Mr Jenkin). I am talking about proposed amendments (b), (c), (d) and (e) to Government new clause 15. I note the reference of my hon. Friend the Minister to a public law duty that obliges the Government to keep content in this area up to date. I can understand his argument, but it has not really worked so far, has it? It has taken about 17 years to get the guidance on sex and relationship education even on the agenda. Surely that public law duty on the Government has been there for the past decade and a half. None the less, I welcome his confirmation at the Dispatch Box, which will be recorded in Hansard, that he understands the intent behind proposed amendments (b) and (d) to undertake reviews every three years.

Governments of all complexions have, frankly, regularly sidestepped and ducked the issue of relationship and sex education, using a whole host of excuses to this House as to why it was not possible. What my hon. Friend the Member for Enfield, Southgate and I have shown is that there is a cross-party desire to get this matter sorted and that the Government should not duck this issue from this point in.

In response to proposed amendment (c) to Government new clause 15 that relationship and sex education will be central to any assessment of schools, I am really reassured that there will be a lead in this area from Her Majesty’s inspectorate of education. I am sure that the Minister with his infinite influence could encourage Ofsted to go a little further on this and to consider redoing its report that so clearly showed that a large proportion of schools were failing in their delivery of sex and relationship education as it currently stands. It would be good to show that that has changed, that progress is being made and that a further report could be done.

I would also welcome it if the Minister reiterated the fact that newly drawn up regulations and guidance will be shaped by experts and not by prejudice or preconceptions in this area and that there will also be support for expert teaching of the subject. Given the news headlines on Facebook today, perhaps he might consider a levy on social media organisations that flout common decency and standards, so that they can be held accountable and perhaps pay the bills for some of the problems that they create by allowing our children to be exposed to inappropriate material.

[Ben Howlett (Bath) (Con)]

Will my right hon. Friend give way?

[Mrs Miller]

Will my hon. Friend forgive me if I do not? I can see that I am getting into trouble with the Speaker.

The Minister is right to resist amendment (a) to Government new clause 15; as I said to my right hon. Friend the Member for New Forest East (Dr Lewis), it risks undermining important safeguarding for children in primary schools. The Minister is also right to resist new clause 1, which would not provide the sort of comprehensive relationship and sex education that I know he wants. For 17 years, Governments have sidestepped the issue. This Government should be applauded for the action that they are taking.

[Several hon. Members rose—]

--- Later in debate ---

[Mrs Miller]

The Bill is groundbreaking in making sex and relationship education compulsory. The Government have listened to the evidence from Select Committees such as the Women and Equalities Committee, which I chair, and the Minister’s team is to be congratulated. The Bill will benefit millions of children, three quarters of whom believe that they will feel safer as a result of our decision this afternoon to give sex and relationship education a statutory basis. I thank the organisations that have supported and assisted the work that my hon. Friend the Member for Enfield, Southgate (Mr Burrowes) and I have done—Barnardo’s, Plan UK and Girlguiding are but a few.

When the amendments go to the other place, I hope that careful consideration is given to the fact that the sex and relationship education amendments were made without the need for a vote in this place owing to the cross-party consensus. The Bill is important in many respects, but it will be often cited in this place because of the progress made in that area. I again put on the record my personal thanks to the Minister for the work that he has done over a long period of time. He must be a very pleased man indeed.