Children and Social Work Bill [ Lords ] (Fourth sitting)

Marion Fellows Excerpts

Committee Debate: 4th sitting: House of Commons
Thursday 15th December 2016 Public Bill Committees

[Mrs Lewell-Buck]

I beg to move amendment 39, in clause 31, page 20, leave out line 4.

This amendment would retain reference to the Health Service in the Employment Rights Act 1996.

This brief amendment would retain reference to the health service in the Employment Rights Act 1996. Social workers and others in the sector have been pleased to see that whistleblowing arrangements have been included in the Bill, but we query why child protection and other children’s social workers employed by the health service have been omitted from the whistleblowing provisions, given how many there are. Why are children’s social workers employed in hospitals and other areas omitted? It would be a shame, especially in the wake of what we know of institutional abuse in certain hospitals, if such employees were not accorded the same whistleblower protections as their peers employed privately or by local authorities.

[Marion Fellows (Motherwell and Wishaw) (SNP)]

I apologise for my earlier error, Mrs Main.

The Scottish Government acknowledge and respect the need for whistleblowing and believe that procedures should be in place across the public and private sectors to support staff in raising any concerns in order to ensure that people can work in a safe and secure environment. Without whistleblowers, serious concerns may take longer to be noticed and rectified. Any proposals that strengthen whistleblowing procedures and help protect employees and service users across the public sector are welcome.

Robust whistleblowing procedures are in place across Scotland, including in our NHS, but the Scottish Government and the SNP support further reforms to protect and embed an honest and open reporting culture in which all staff have the confidence to speak up without fear and in the knowledge that any genuine concern will be treated seriously and investigated properly. All children and young people have the right to be cared for and protected from harm. The amendment will help with that and we support it.

[Edward Timpson]

As we have heard, the clause provides the Secretary of State with the power to make regulations to prohibit relevant employers who carry out children’s social care functions from discriminating against those applying for roles in the children’s social care sector on the basis that it appears to the employer that the applicant has made a protected disclosure. This includes when the employer refuses the application or in some other way treats the applicant less favourably than it treats others for the same application. I am pleased that we were able to work so productively with Lord Wills in the other place over the summer to produce these important protections.

For the benefit of the hon. Member for South Shields, let me clarify that social workers employed in the NHS are already covered by the 2006 provisions and will be captured in the relevant regulations, with the consultation due in the new year. That is another consultation that I suspect she will want to keep a close eye on, and to which she might wish to contribute.

The Government are clear that those working with the most vulnerable must be able to report their concerns. They deserve effective protection when they make a protected disclosure. Workers with such concerns can already make a disclosure to their employer or the prescribed bodies for child protection and wellbeing social workers. We agreed with Lord Wills’s proposals that, in addition, we should protect those seeking employment with specified bodies in roles relating to local authorities’ children’s social care functions. We are delighted to have worked with him to produce a suitable amendment.

Children and Social Work Bill [ Lords ] (First sitting)

Marion Fellows Excerpts

Committee Debate: 1st sitting: House of Commons
Tuesday 13th December 2016 Public Bill Committees

[Mrs Lewell-Buck]

I thank my hon. Friend for her excellent intervention. She touches on an important point: elsewhere, if we want to save money, we have to invest. Investing in care leavers prevents them from entering the justice system and from being homeless, which costs more in the long term.

I suspect that the Minister will reiterate what Government peers said in the other place: it is not for the Government to set in statute what local authorities should be doing, and I expect he will get a cheer from the hon. Member for North Dorset—[Hon. Members: “Hear, hear.”] We are not asking the Government to tell our local authorities what they should be doing; we are just asking for a minimum standard for care leavers. These amendments seek that new minimum. Care leavers surely deserve safe, secure, affordable accommodation, but under the current proposals I do not see how they can be expected to make their way in life and deal with the issues of having lived in care with the extra burden of financial difficulty. Does the Minister agree that council tax enforcement undertaken by local authorities completely undermines the principles in this Bill? Does he therefore agree that care leavers should be exempt from council tax until the age of 25?

The Minister is well versed regarding the many challenges that young care leavers face, particularly those of a financial nature. I am sure, deep down, he wants to make sure that the state plays a greater part in supporting care leavers, but the current plans just do not hit it. Last year, almost 11,000 left the care of their local authority and began the difficult process into adulthood. The Government have a duty to those 11,000 vulnerable young people to say that they are not forgotten and that they do not just become another poverty or homelessness statistic on our streets.

[Marion Fellows (Motherwell and Wishaw) (SNP)]

It is a pleasure to serve under your chairmanship, Mr Wilson. I want to speak to new clause 16, which seeks to make provision for care leavers to help them avoid financial difficulty. We are grateful to the shadow Minister for bringing it forward. Although it would apply to Scotland only in part, I wish to put on the record the views of the Scottish National party.

The Children’s Society points out that young people leaving care struggle with their finances and are at an increased risk of falling into financial difficulty. Our First Minister in Scotland has already acknowledged that we have a duty to protect and help our young people most in need and that those who have experienced the care system will be the driving force of the recently announced independent review of how Scotland treats its looked-after children. Our First Minister has committed to listen to 1,000 people with experience of the care system over the next two years. I hope that some of these concerns will be raised during that review. In making that commitment, our First Minister said:

“If we are to live up to our ambition to be a truly inclusive country, we have a particular duty to those most in need. We have to get it right for every child.”

I think that should apply across the UK.

The part of new clause 16 that would apply to Scotland includes the limit to sanctions, the extension of the working tax credit benefit and the exemption from the shared accommodation rate of housing benefit. Given the barriers to employment for care leavers, providing adequate support and safeguards in the system via these changes would seem to be appropriate. As the Centre for Social Justice outlined in its report, “Survival of the Fittest”:

“Current labour market conditions, such as unreliable hours due to zero hour contracts and low pay for entry level jobs, mean that most 18-25 year olds rely financially, at least to some extent, on either their parents or the benefit system for support. As care leavers are unlikely to have substantial family support, they are much more likely to rely on the benefit system”.

As the shadow Minister outlined, the new clause will apply a limit to sanctions under universal credit, including a higher level, medium level and lower level of sanction. The Children’s Society found that 4,000 benefit sanctions were applied to care leavers between October 2013 and September 2015. As we found out with the National Audit Office report only a few weeks ago, sanctions are not rare and they are not working.

Protecting young care leavers from sanctions is a welcome move, particularly as they would lead to further hardship for those possibly already facing financial difficulty of the kind outlined by the shadow Minister. Although the new clause would not remove sanctioning from care leavers under 25, it would place them in the same regime as 16 and 17-year-olds, meaning that the maximum sanction period under these proposals would be four weeks. The second part of the new clause seeks to extend working tax credit eligibility to all care leavers in full-time work of more than 30 hours per week.

The risk of falling into debt due to the cost of living, which many of these people are unable to cover in full, is a bad and sad reflection on our society. The current system of working tax credit assumes that many of those under 25 and on low incomes live at home and are supported by a family. However, that does not apply to care leavers, so additional support should be given to help these young people face independent lives. Surely the whole purpose of the care system is to enable our most vulnerable young people to go out there and stand on their own two feet equitably with those children who are brought up in caring and loving homes.

--- Later in debate ---

[Stella Creasy]

I support the core principles of the amendments that Labour Members have tabled this morning, and I recognise that some Government Members do share those principles; the difference is in how we achieve those outcomes. Let me be clear about the aspirations that I think we all share. They are, as I have already said: to treat all children in care as we would treat our own children, to do so in a fair and equitable manner, and to do so in a way that is possible to implement. The difference is in recognising how we get implementation right.

As the shadow Minister has said, it is the difference between having a minimum standard—a base below which we will allow nobody to fall—and recognising that there may be variation at a local level. The treatment of particular groups of care leavers, particularly young asylum seekers, is important, as is the recognition that there is a particular challenge when it comes to care leavers and financial management. It is right that we should seek to address those three core principles in a Bill such as this.

The amendments proposing a basic minimum standard are not intended to be restrictive; they are intended to help our young people know their rights. When dealing with care leavers in our casework, I think that we all recognise young people struggling to understand what will happen to them next. A national minimum standard is about being able to answer that question with certainty, without necessarily saying that the outcomes will therefore be the same universally, but recognising that there will be a basic standard and a basic principle about how we treat these young people. That does not mean that things cannot be personalised; it simply means that we can all be confident that every young vulnerable person is helped. As I have said before, just because someone turns 18 does not stop them being vulnerable; it simply means that they are moving into a new phase in their life. We must address that.

If the Minister is not minded to accept the amendments, he must tell us how he can have confidence that, across the country, those young children who we accept responsibility for through corporate parenting will get those services. I say that because I think that all of us have seen in our surgeries the consequences when there is not that support.

The shadow Minister talked about special educational needs. I think that all of us have dealt with cases of parents trying to argue for their children to have the rights that they should have. Even if there is a statement to that effect, it provides a basic standard for what that child should get. It does not mean that there is not then further work to be done about how things are enacted, but it does mean that the parents can be confident about what the child will receive. We are talking about the same principle here. It is about recognising that these young people need to know what will happen next. Having a national minimum standard would mean that we in this place could be confident that these policies will be implemented on the ground to a level that all of us would want as a starting point for those children.

On the second principle, particularly with regard to children who are asylum seekers, the discussion is a complicated and sensitive one to have in the UK right now. Other amendments, especially those that I have tabled—I am pleased that my hon. Friend the shadow Minister also has two—deal with how we would treat young children, the guidance and the principles to do with basic rights in the UN convention on the rights of the child. Those amendments continue in the same spirit, recognising that when we stand up as a country to support those young people, that support must be consistent with how we treat every young person.

That is the right thing to do morally, and legally internationally. I worry for the Minister—I am interested to hear his take on this—because if he has not included young asylum seekers in the principle, what are the legal ramifications, given that we treat them similarly under the age of 18? What might such a child have seen? Today we are having an emergency debate on Syria, where children will have seen horrors in their lifetime that many of us cannot even begin to contemplate.

How do such children end up here? One of the questions all of us have is about safe and legal routes. When children do end up here, however, and we take responsibility for them, in our hearts are we suggesting that at the age of 18 we stop caring about what happens to their outcomes? If we do not stop caring, we have to recognise that at the age of 18 they again need our help, just as we recognise that children born in the UK who come from troubled backgrounds might need our help past the age of 18. If children are to be excluded from the very provisions that we would like to see apply to other children we recognise as vulnerable, I ask Government Members to think about why they feel it is okay to discriminate on the basis of nationality—in essence, that is what excluding young refugees from the amendment will do.

The third issue is debt. Young people in care are disproportionately more likely to be in debt. Again, all of us recognise the myriad reasons for that, but the outcome is the same: a group of young people in our society for whom we have taken corporate responsibility have a particular problem, and one of the consequent problems manifests itself in how they deal with our benefits system. The amendments are designed to address that. All of us can see at first hand in our constituencies and when we deal with such children that they might not have backgrounds that give them the best understanding of budgeting. The hon. Member for a Scottish constituency, the name of which has completely slipped my mind—

[Marion Fellows]

Motherwell and Wishaw.

[Stella Creasy]

It was on the tip of my tongue. The hon. Lady put it very well when she argued that our benefits system, especially when dealing with young people, is designed on the principle that even if they do not live at home, they probably have a home relationship on which they are able to draw; that they can draw not only on financial support, but on support to be able to budget and to manage at that point in life when we start to get our own rent and bills. That group of young people do not have such support as a background, so we have to make specific arrangements for them. That is what the amendment would do.

As I said to the hon. Member for North Dorset, in places we do not do that, which costs us more as a result, so again I ask the Minister to do something, even if not in this legislation. I completely take the point of the other hon. Gentleman for—I am doing terribly this morning at remembering constituency names—

Oral Answers to Questions

Marion Fellows Excerpts

Thursday 8th December 2016 Commons Chamber

[The Attorney General]

I will attempt to remember them all, Mr Speaker. I agree with my hon. Friend that it is worth looking at his first point. There are many people who believe that there are gaps in the law, but it is also important to make sure that we take full account of concerns that will be expressed about the burdens placed on businesses of all kinds if we get that balance wrong.

On asset freezing and asset seizure, my hon. Friend is right to say that if we are going to successfully prosecute and convict those who are engaged in criminal activity, we must also make sure that we can recover assets where appropriate, so we will look at that in the course of the process in which we are engaged.

[Marion Fellows (Motherwell and Wishaw) (SNP)]

4. What assessment he has made of the potential effect of the UK leaving the EU on the protection of human rights in the UK.

[The Attorney General (Jeremy Wright)]

The United Kingdom has a proud tradition of respect for human rights that long predates the European Union and that will continue following our withdrawal from it.

[Marion Fellows]

What existing human rights enjoyed by UK citizens under EU directives could not or should not be enshrined in UK law, if or when we leave the European Union?

[The Attorney General]

As I hope I made clear in my first answer, I do not believe that human rights protections in this country are dependent on EU law. We will certainly look, in the course of the great repeal Bill and other measures that this House will have to consider, at how we transfer those obligations currently under EU law into domestic law where the House believes that it is appropriate to do so. I maintain the view that we will continue to protect human rights in this country. Moreover, we will continue to be leading advocates for human rights around the world.

Children and Social Work Bill [Lords]

Marion Fellows 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

[Marion Fellows (Motherwell and Wishaw) (SNP)]

I am aware that very few clauses in the Bill affect Scotland but, as a member of the Education Committee, I may have some points of interest and I might be able to help the Bill to become even better.

When a child or young person cannot live at home, we all owe it to them to make the process of finding a new, stable family as efficient and straightforward as possible. Clause 1 would introduce seven “corporate parenting principles” that local authorities must “have regard to”. I ask the Minister: why are those not mandatory? The Joint Committee on Human Rights has said:

“We have considered the arguments and the evidence for and against introducing a statutory duty on public authorities in England requiring them to have due regard to the rights of children in the UNCRC in the exercise of their functions relating to children, equivalent to the duties already introduced in Wales and Scotland.”

If Wales and Scotland can have such a duty, I find it difficult to understand why it will not be mandatory in England. The Joint Committee went on to recommend that Parliament takes the opportunity presented by the Bill to ensure that there is “such a duty”.

It is important that children are the focus of and are at the heart of any Bill that is introduced in this Parliament. We need to look at how children are affected by legislation introduced by not just the Department for Education, but Departments across the board.

In Scotland, the First Minister has said that people who have experienced the care system will be the driving force of an independent review of how Scotland treats its looked-after children. That is the mandatory duty in action. In Scotland, we want to move forward and to listen to young people, and we are looking at extending what is happening in Scotland to people who have been in care and are going through the process of becoming adults who stand on their own. It is good that the Bill looks at what happens to children after they leave care, but I ask the Minister to examine what we do in Scotland, because we are moving forward at a far faster pace than England and Wales.

A former children’s Minister in Scotland has said:

“children don’t need a system that just stops things happening to them”.

We have safeguards, but we also need a system that

“makes things happen for them. A system that supports them to become the people they can be”,

fostering a sense “of belonging”. I am sure that the Minister agrees with that and with the fact that that should be a guiding principle for any legislation. What steps will the Government take to respond to the recommendations made earlier this year by the UN Committee on the Rights of the Child? When do they plan to publish their official response? What further steps will the Government take to ensure that policy development across Whitehall has children’s rights at its heart?

Clause 31, which is the one measure in the Bill that affects Scotland, relates to whistleblowing. The Scottish Government acknowledge and respect the need for whistleblowing. They believe that procedures should be in place across the public and private sectors to support staff in raising any concerns to ensure that people can work in a safe and secure environment. They believe that it is important that NHS workers in Scotland should be able to raise any concerns about patient safety or malpractice, because that helps to improve our health service. That should be the case not only in the health service, but across all professions, especially in the social work sector, given the importance of child protection. We welcome this measure and are really keen for the Government to see it through.

Social work is regulated in Scotland, and I again ask the Minister to look at how the Scottish system works. When the Education Committee heard evidence from social workers and their representatives as part of the inquiry referred to by its Chair, the hon. Member for Stroud (Neil Carmichael), one of the first things they said was that we should look at the Scottish system. I encourage Ministers to do that. The Scottish Social Services Council regulates the profession and all social workers in Scotland have to belong to it. I am pleased that England will be moving forward in a similar way.

I share the apprehensions expressed by the hon. Member for Ashton-under-Lyne (Angela Rayner) about creeping privatisation in the care sector, especially in relation to children. It is imperative that children should be looked after when they cannot be with their own parents and families, and the duty to protect children is shared by us all in society, not just by professionals. This is another reason why whistleblowers can be important.

The Bill will improve the situation in England, but it has to be seen in the context of child poverty. The Institute for Fiscal Studies states that child poverty in the UK is projected to rise by 8 percentage points by 2020, which makes it even more important that these provisions are right. Many more children could be drawn into the care system as a result of the ongoing austerity programme across the UK, so will the Minister please look at what we are doing in Scotland? We might not be perfect, and we might not get everything right, but we put children and their experiences at the heart of our system and we listen to them. I ask him please to look to the north, as well as to Wales, which is also doing really good work on child protection and childcare across the board.

Apprenticeships Funding

Marion Fellows Excerpts

Tuesday 1st November 2016 Westminster Hall

[Rebecca Pow]

Will the hon. Lady give way?

[Marion Fellows]

Certainly, but please do not fight over me.

[Rebecca Pow]

Does the hon. Lady agree that under the Labour party under Tony Blair, every child was encouraged to go to university? What is her view on whether that put a different focus on apprenticeships? I wonder whether that had an influence on the change of thinking within our schools.

--- Later in debate ---

[Marion Fellows]

I cannot entirely agree with the hon. Lady, but over the years there has been a focus on degrees. For example, nursing was not an apprenticeship but training. Everyone agrees now that that is not the best route for the entire school population and that we should look at improving our skills base. We are one of the best economically developed countries in the world but our skills base is falling behind that of other developed countries.

My hon. Friend the Member for Glasgow North West (Carol Monaghan) spoke of the need for Government support. She also spoke about the National Audit Office report that pointed out that the Department for Education has not set out how it will increase apprenticeship numbers to deliver improvements in productivity, or how employers will be supported to deliver the apprenticeships that offer the most value for the economy, including in construction, digital and all the skills gaps.

The hon. Member for St Ives (Derek Thomas) mentioned his experience of apprenticeships, both as an apprentice and as an employer. Modern apprenticeships are definitely the way forward and the message has to be got out that apprenticeships now are the not the same as the apprenticeships of 20 or 30 years ago. The one and only hon. Member for Strangford—to coin your phrase, Mr Streeter—gave a comprehensive view of Northern Ireland, focusing on the mental health issues faced by young people there. That is reflected in the mainland countries as well. We need to look after our young people and provide what is best for their futures.

The hon. Member for Mid Dorset and North Poole (Michael Tomlinson), a member of the all-party parliamentary group on youth employment, said that the unemployment statistics are coming down. That may be the case, but we very much need to focus on what we offer young people. He also said that small businesses will welcome that initiative because they will not have pay the apprenticeship levy but will get 98% of their training costs back. He recommended that we look at the quality of apprenticeships and how they are managed. That subject is close to my heart. We should not just give out apprenticeships. I remember the youth training scheme. I taught YTS trainees, so how old am I? It was a way of getting people off the unemployment books, but it did not lead to long-term stable employment for many. The apprenticeship programme must not hark back to those days. I do not believe that it is trying to do so, but this is a warning that it must not.

Essentially, the employment tax is being introduced across the UK to deliver on the UK Government’s apprenticeship ambitions in England. The collection of the levy is a reserved matter, and Scottish Ministers are working to ensure that Scotland gets its fair share. Will the Minister tell us what progress is being made in that regard? The levy undermines the Scottish approach to modern apprentices and was introduced without any consultation with the Scottish Government, despite apprenticeships policy being devolved to the Scottish Parliament. That is not me raising a grievance. Those issues must be addressed. There is already a well-run, well-managed modern apprenticeship programme in Scotland, run by Skills Development Scotland in conjunction with employers. We want to ensure that things in Scotland improve what we have already started.

It is very important that Scotland’s share of the funding is used to support the delivery of the 30,000 modern apprenticeships by 2020 that the Scottish Government have mentioned. We have been working hard with employers and have had consultations. We have introduced new types of apprenticeships—a foundation apprenticeship and graduate apprenticeships—because apprenticeships should not be one size fits all. Yes, they should be for school leavers, and yes they should be for older people, but they should also be for graduates and young people still at school. That ties into the idea of careers, and of helping young people into careers in which they will be able to find work for many years to come, which would benefit the economy.

There is a strong focus in Scotland on doing more to tackle under-representation in modern apprenticeship programmes. A modern apprenticeship equalities plan published on 2 December last year includes specific employment and improvement targets for modern apprentices in relation to black and minority ethnic backgrounds, care leavers, disabled people and a gender balance. We need to get more young women into apprenticeships. That happens with science, technology, engineering and maths, but we need to look across the board at a gender balance in all industries, because that will prove to be best for all our young people. The Scottish Government with Skills Development Scotland are working with partners to develop foundation apprenticeships from schools, so that young people who are still in school can get work experience and then, possibly, leave school and move straight in to a proper, more advanced modern apprenticeship.

My final remarks, Mr Streeter, will be on another thing that is interesting in Scotland and does not seem to happen here. On the worth of qualifications, which has been touched on in the debate, it is important that apprenticeships are of quality and allied to a quality framework. Some doubt is being cast on some apprenticeships. Ofsted has already looked at Jaguar Land Rover and is cutting its marks—it is no longer good, in that sense, and will have to improve what it does. In Scotland, the Scottish Credit and Qualifications Framework is a unified framework that covers both vocational and academic skills. The Minister should look at having something similar in England to make absolutely sure that our young people get the best-quality apprenticeships possible, at whatever level they undertake them.

Looked-after Children/Social Work Reform

Marion Fellows Excerpts

Thursday 20th October 2016 Westminster Hall

[Marion Fellows (Motherwell and Wishaw) (SNP)]

It is a pleasure to serve under your chairmanship, Mr Gapes. I thank the hon. Member for Stroud (Neil Carmichael) for his sterling good work steering forward these two reports, as chair of the Education Committee, of which I am a member. I thank the hon. Member for Strangford (Jim Shannon) for his well-informed speech and his passion and commitment to foster children and to bringing up children in the best way possible. I make special mention of the hon. Member for Telford (Lucy Allan). As part of the Education Committee, I have seen her strong passion for children in care and especially for their mental health.

I find serving on the Education Committee difficult and strange, because I am used to different circumstances. I do not want what I am about to say to be taken as saying that we always do everything better and well in Scotland, but there are significant differences, which it is my job to bring forward to the Minister for consideration.

Improving the lives of vulnerable families and children should be a key priority for any Government, so it is concerning that the Government have failed to take a robust cross-departmental approach to this matter. We are rightly proud of the way we do things in Scotland, but we continue to review the legislation. The First Minister recently announced a major root-and-branch, independent review of how Scotland treats its looked-after children. We welcome the UK Government’s desire to ensure that children in care have the support they need as they move into adult life.

In Scotland, we implement something called “Getting it right for every child”, which is at the heart of everything we do that affects children. It is child-focused, it is based on an understanding of the wellbeing of the child and on tackling early needs, and it requires joined-up working, which is not necessarily happening in England. The Looked After Children (Scotland) Regulations 2009 absolutely embody the framework of “Getting it right for every child”.

I was at the recent Scottish National party conference when our First Minister made an emotional and heartfelt declaration about what she wants to do for Scottish children, but so much has already been done. There is also demand for children and adult mental health services in Scotland, and there are far too many children who are unseen and whose needs are unmet. Our Minister for Mental Health has taken on board the First Minister’s desire to push forward the needs of children—especially looked-after children—and ensure that their mental health needs are dealt with. For example, in the next five years, the Scottish Government will invest £150 million in mental health innovation. Some of that money will be used to cut waiting lists, but £50 million is specifically earmarked to support better access to child and adult mental health services.

The Scottish Government have also doubled the number of psychologists in the services. The Minister needs to look at that, because it is all very well having services, but if they are not accessible or if people—especially children—have to wait too long, further problems will be created that will have to be addressed using Government funds from other places further down the line. It is vital that we support our children across the UK, especially those for whom we are responsible as legislators. When I was a local councillor, I was a corporate parent, so I know about the responsibilities that many people have. It is vital that we properly look after children early in their lives so they do not develop greater issues.

Many children who grow up in care go on to live useful, helpful lives. The staff who work with looked-after children deserve our support and commendation, because many of them do sterling work and improve children’s lives. However, we know that nearly half of children in care suffer mental health issues, half the adult prison population were in care as children and, worst of all, a young person who has been in care is 20 times more likely to be dead by the age of 25 than a young person who has not. Those facts all reflect on the mental health of children in care.

Much more needs to be done to improve outcomes for those in care. The Scottish Government’s review will look at the underpinning legislation, practice, culture and ethos, but that is on top of what they are already doing. They have already pledged to listen to 1,000 young people’s care experiences. That is happening at all levels. It is only by fully engaging with looked-after children, care leavers and those who deliver services on the front line that we will create a care and social work system that gives vulnerable children the very best start in life and the love and care that all children deserve.

The chief executive officer of Who Cares? Scotland supported the First Minister’s pledge to review what is happening for looked-after children, saying:

“This review has the mandate to literally save lives. It is a line in the sand. The appreciative nature of this review, with care experience at its core, makes it a global first. Care experienced people will now be integral in the design of a system that will give them a much better chance to not just survive, but thrive.”

As I said earlier, I do not want this to be a “We’re doing better in Scotland” speech. I want vulnerable looked-after children everywhere to be given the help they need. However, I encourage the Government to look to Scotland and emulate the drive and good practice there.

Social work was reformed in Scotland quite a while ago—in fact, I cannot remember the exact date. However, I find it difficult to understand why social work in England falls within the remit of a number of Departments. It incorporates education, health, employment, social security and potentially other areas. Education and health are almost in silos and compete with each other to help families and young children, who are at the core of what they do. It is important that the UK Government have a truly cross-departmental approach to social work reform, because that will ensure that disadvantaged families do not fall off the radar, if for example they are referred by officials in one sector and require support from another.

Although it is encouraging that the Government have undertaken a number of reforms to social work in the light of shocking high-profile failings, such as the baby P case, it is disappointing that the evidence shows that the reforms have not been given sufficient time to be implemented and to mature. That point was made strongly, as I have already said, by the expert witnesses who gave evidence to the Education Committee’s inquiry.

There is a real risk that resources will be exhausted on trying to put into practice new structures, rather than improving existing outcomes. For example, the Committee said in its recommendations that it is not convinced of the need to establish a new regulator, as the Government have already spent too much time changing regulatory bodies. Another change would require a further injection of significant public funds and place an unfair financial burden on individual social workers.

If the structure of the social work sector is badly and hastily implemented, it could have an utterly devastating impact on the lives of real people. I think we all agree with that. We could see catastrophic, and potentially deadly, failings in the system, and risk leaving hard-working social workers to bear the brunt of attacks for failings, as they have in the past. It is all too easy, across the United Kingdom, for social workers to take the blame for systemic failures. Nobody enters social work to do things badly; they do it because they want to help. We must help them to help the people who require help.

In Scotland, when social work is reformed, the Government take a holistic approach and meet all the bodies concerned. For example, when the Scottish Government implemented “Social Services in Scotland: a shared vision and strategy 2015-2020”, it was just that: a shared vision. The strategy was developed by the Social Work Services Strategic Forum, chaired by the Minister for Children and Young People. Social Work Scotland and the social work regulatory body in Scotland were involved, as were local authorities and the care inspectorate. I could go on. There were many public bodies involved. The strategy represents a strong commitment to working in partnership across organisations and with Government to deliver that vision for high-quality and effective social work. I am sorry to say that, as a member of the Education Committee, I sometimes do not find that shared vision, so I again urge the Minister to work across existing bodies to push forward social work reform to the benefit of the users of those services.

In Scotland, we have had a joined-up way of working for many years and some of the Select Committee’s expert witnesses actually said that, so I urge the Minister please to look at what we do in Scotland. I am not saying we are a world-beater or that we have the best, but we definitely have a focus and a vision, and we are years ahead in regulation and in working together across all Departments. We want to get it right for every child, which I am sure is also the Minister’s sole objective.

Educational Performance: Boys

Marion Fellows Excerpts

Tuesday 6th September 2016 Westminster Hall

[Marion Fellows (Motherwell and Wishaw) (SNP)]

It is a pleasure to serve under your chairmanship, Mr Walker. I congratulate the hon. Member for Lincoln (Karl MᶜCartney) on securing this important debate. I do not intend to mention every Member who has spoken, but I will mention a few of the good ideas that have come out of this debate. I will do so as quickly as possible to give the Minister plenty of time to respond.

The hon. Member for Lincoln was right when he listed why boys’ attainment is less than that of girls, but he should temper what he is saying. It almost came out as boys versus girls, which should never be the case. As other Members have said, we should be encouraging attainment for all in schools. We need to move this forward.

I specifically commend my hon. Friend the Member for North Ayrshire and Arran (Patricia Gibson) for her international outlook. I was astonished to hear some of her statistics and research, because there is not only a problem in the UK, in England and Wales or just in Scotland; there is a problem across the world. All education systems should look at what is happening elsewhere to seek improvement and to raise attainment.

I have a focus in this debate because I was the first woman in my family to go to university. I went to university in 1967, when young working-class women just did not do that. I was fortunate. [Interruption.]

[Mr Charles Walker (in the Chair)]

We have another Division. Will this debate ever end?

--- Later in debate ---

On resuming—

[Marion Fellows]

As I said, I was the first in my family to go to university, and I was a white working-class girl. Things have changed, but we should not be considering this a gender-specific issue; as has been said, it is a social justice issue. It affects the whole economy and all of us.

I urge the Minister to consider some of the systems used by the Scottish Government, including a very good one called “Getting it right for every child”, which starts with early intervention and goes all the way through. That is where this debate should lead us. We should be considering how to improve children’s education and life chances, because that is what we all want. We all want everyone to be educated, in the true sense: that is, we want what they have inside to be drawn out and used to the advantage of us all.

School Penalty Fines and Authorised Absence

Marion Fellows Excerpts

Monday 11th July 2016 Westminster Hall

[Marion Fellows (Motherwell and Wishaw) (SNP)]

It is a pleasure to serve under your chairmanship, Mr Hanson. I find myself yet again commenting on English education and looking at it with a different set of eyes, which I hope some Members throughout the Chamber will benefit from.

It is obvious from the debate that this is a difficult problem that is not easily solved. There is no blanket ban in Scotland, and no automatic fines for parents who take their children out of school without authorisation. Local authorities judge how to treat unauthorised absences. The hon. Member for St Austell and Newquay (Steve Double) made a passionate and informed speech, and as he said, the subject is not going to go away—almost 200,000 people have signed a petition on this difficult ongoing issue.

Parents need to know where they stand, and swift action is needed because of the Isle of Wight decision, which the hon. Member for Isle of Wight (Mr Turner) referred to. The hon. Member for St Austell and Newquay said that we need common sense, and as I listened to the hon. Member for North Devon (Peter Heaton-Jones) it became more and more apparent that swift action is needed. They both have constituencies with tourism issues, and the regulations cause conflict for those who work in the tourism industry and those who support it.

Another important point is that it is sometimes not a holiday that is being considered but a trip that would make people better at their sport—volleyball, in the case that was mentioned. Andy Murray would not have got to where he was yesterday had he not been given leave at various times to attend tennis camps and pursue his sporting prowess. It seems unfair that regions in England treat unauthorised absences in such different ways, as can be seen from the number of fines that are issued in schools in the Isle of Wight and across Devon and Cornwall. The Minister should be able to respond to that situation and consider it with a bit more care.

The main point I have taken from the debate is that headteachers should be given back discretion, because they best know their own pupils and what works for them. That might well help the hon. Member for Bradford East (Imran Hussain), who is no longer in his place. One of his interventions regarded family bereavements causing people to go to Pakistan with their children, and those families then coming back to face horrendous fines.

[Lilian Greenwood]

Does the hon. Lady agree that it sounds like the problem is with headteachers’ confidence to use their discretion, rather than with their not having that discretion, which exists at the moment to consider exceptional circumstances?

[Marion Fellows]

I definitely agree with the hon. Lady. I find it strange that in the system in England, which is so different from the one in Scotland, authority is devolved away from local authorities and down to schools.

It is important that we listen to the almost 200,000 people who signed the petition, because this is a real-life issue for them and their families. Of course educational attainment is important, and of course there are links to attendance—as a former lecturer in a further education college, I can vouch for that—but when headteachers authorise absences for good reasons and teachers know about those reasons, they can provide homework and catch-up sessions, so students can generally catch up. I very much take on board what the hon. Member for Isle of Wight said: a two-week absence should be seen as a 14-day absence across the whole school year. If a student is attending regularly, a one or two-week holiday might not make much different to their attainment.

It is not acceptable to criminalise parents for taking holidays. Parents know what is best for their children, and in that regard I suppose I should declare an interest having, a long while ago, taken my children out of school for a family holiday. I could not have gone away later because I was pregnant with my third child and wanted him to be born in Scotland, not in Scarborough, which was where we were headed.

It is absolutely essential that we, including the Minister, take on board the fact that there is a real difficulty across the UK, not just in England, as parents do their level best to provide for their children in what are, for many, cash-strapped times. We have heard examples of how much additional money is needed to go on holiday in term time. A spokesman for the National Parent Forum of Scotland has said:

“We all know how important family time is, particularly when money is short. But we’d encourage parents to avoid taking their children out of school during term time, as it does impact on their learning.

It would be helpful if holiday companies did not increase their prices so much during school holidays.”

Perhaps the Government should look at that issue.

[Gavin Newlands]

On that point, we heard earlier about the difference in the price of holidays in and out of term time—a 60% increase, I think. When my family looked at holidays this year we found that the exact same holiday, going from the same airport, with the same room, departing three and a half hours later, was £2,400 more expensive. The prices were £3,700 and £6,100. That is a 62% increase in the space of three hours, let alone three weeks or three months. My hon. Friend is absolutely correct in what she is saying about the holiday companies.

--- Later in debate ---

[Marion Fellows]

My hon. Friend is absolutely right. We have all been in such circumstances, so perhaps the Government should review how much holidays cost in and out of term time and see whether anything can be done to average prices out across the year. In Scotland, we have struggled for many years with higher holiday and flight costs than England, even to the United States. It costs much more to fly to Miami from Glasgow than it does from London, yet Glasgow is much closer to Miami than London. It is an ongoing issue.

The UK Government should not leave cost increases to the market, but should look at the problem in much more depth. We should remember that although attendance is important, so is understanding why parents lie and are prepared to pay fines to secure holidays at a more reasonable cost or to go on holiday at a time that suits their circumstances. I hope the Minister will take on board what Members from all parts of the House have said and look again at what has been described as a blanket ban across England that reduces the role of teachers, who understand the students under their care.

EBacc: Expressive Arts Subjects

Marion Fellows Excerpts

Monday 4th July 2016 Westminster Hall

[Marion Fellows (Motherwell and Wishaw) (SNP)]

It is a pleasure to serve under your chairmanship, Ms Buck. I thank the hon. Member for Newcastle upon Tyne North (Catherine McKinnell), who is my colleague on the Education Committee. I hope that the Minister takes on board all the wonderful comments and expressions that have been made this afternoon, and recognises the number of people who are listening to the debate—even listening to a Scotswoman, who has no business, some people would say, speaking on English education matters. However, I am a Member of this House.

As a member of the Education Committee, I am privileged to have contact with many people in the field of education. Although many, including Government Ministers, want only what they believe is best for school pupils, I inherently believe that the restricted EBacc system in England does not serve all pupils well. Were I English—and I am not—I could not support the Government’s proposal to make the EBacc, without the inclusion of expressive arts, a compulsory measure for all schools.

The root of the word “education” shows that it means “to be drawn forth.” I believe that that is what education is about. It is at its best when it draws forth from pupils what is inherently there, and enables them to progress and shine in areas that interest and attract them so that we produce well-rounded individuals who are able to take their place and contribute to society as a whole. Of course pupils should have a knowledge of science, technology, engineering and maths, and no one will benefit if they cannot read fluently or do not have a knowledge of the world around them. Tim Peake’s successful space mission has awakened an interest in science subjects across the UK, and many pupils are now enthused and attracted to science matters as never before. A knowledge of the history or geography of our countries in the UK is equally important, but such knowledge is sadly undermined if we do not understand the culture, music and drama that enrich all our histories.

Like others who have spoken in this debate, I have received a briefing from the Royal Shakespeare Company highlighting its good work in bringing Shakespeare to schools across England at all levels. The RSC makes Shakespeare come alive for students, which can lead to an enriching and positive life experience. Art and music can benefit education by helping young people to understand and express themselves in a variety of ways that improve their self-worth and learning. By focusing on English, mathematics, history or geography, sciences and a language—all worthy subjects—many pupils face not achieving an understanding of where they come from or the ability to express themselves in a different way.

Since I was elected to this place and became a member of the Education Committee, I have been struck by the Government’s attitude towards education. As an international observer on the Committee, I worry about what I perceive as a drive to turn education into a tool to turn masses of children into the workers of tomorrow. Although a school education should lead to a meaningful destination, into either further or higher education or a job, the state should not simply see schools as places that benefit businesses by churning out the workers of the future. As Sir Michael Wilshaw, the present chief inspector of schools and head of Ofsted, has said:

“the proposed changes may cause a problem for some students and I can think of youngsters who would have been better suited to English, Maths and Science alongside a range of vocational subjects.”

I would include expressive arts in that list. There is a danger that we will exclude huge numbers of children from an education in the expressive arts by focusing on what is seen by some as more “useful” or “academic” subjects.

The creative industries now account for one in 11 jobs, and the sector is growing. By restricting pupils’ access to the expressive arts by excluding these subjects from the EBacc, we deprive young people of an enriching experience for them and for society as a whole. Arts Council England wholly supports the creative arts being part of the EBacc, as does the CBI, which is looking for creative people. As has been often stated in this debate, the creative industries are a growing sector of business across the United Kingdom.

In Scotland we have always had a wide-ranging education system that is much more tailored to children’s interests and abilities. The introduction of the curriculum for excellence has continued that approach. The Scottish Government’s creative learning plan states:

“We know that creativity is vital in the world of work, with greater opportunities for those who bring a creative approach. The country as a whole stands to benefit significantly from the great wealth of creative talent that our people can bring to bear.”

Expressive arts courses in the curriculum for excellence include art and design, dance, drama and music. The expressive arts can help learners to develop their knowledge, understanding and appreciation of contemporary and historical arts within their own communities in Scotland and beyond. Given Scotland’s vast cultural centre, it is hugely important for children to have an opportunity to learn the expressive arts, which have a huge impact on our economy. Why should children in the rest of the United Kingdom not also have such opportunities?

Oral Answers to Questions

Marion Fellows Excerpts

Monday 4th July 2016 Commons Chamber

The Secretary of State was asked—

[Marion Fellows (Motherwell and Wishaw) (SNP)]

1. What assessment she has made of the effect of conversion of schools to academies on teacher pay scales.

[The Minister for Schools (Mr Nick Gibb)]

Academies have the freedom to determine their own pay arrangements. They are not bound by the provisions of the “School teachers’ pay and conditions document”, and can set the pay of their staff at the level they consider appropriate to recruit and retain the high-quality teachers they need. Academies’ freedoms also extend to other areas, including the curriculum, enabling them to develop approaches that better meet the needs of their pupils.

[Marion Fellows]

For local authority maintained schools, teacher pay scales are nationally agreed, as the Minister has just said, and they give teachers a clear indication of how their salaries will increase. However, allowing academies and academy trusts to set their own pay scales means that staff pay is very variable. What assessment has the Secretary of State carried out of the effect of deregulating pay scales on teacher morale and retention?

[Mr Gibb]

May I first welcome the hon. Member for Ashton-under-Lyne (Angela Rayner) and congratulate her on her appointment as shadow Secretary of State? She follows in the footsteps of the long-serving hon. Member for North West Durham (Pat Glass), and I suspect she was more surprised than I was by her appointment. Having worked with her in seeking to raise standards in Oldham schools, I know how able a shadow Secretary of State she will be.

In answer to the hon. Member for Motherwell and Wishaw (Marion Fellows), flexibility is of course important. It enables academies to flex their salaries and to recruit and retain the top-quality graduates they need. It is a very worthwhile policy, and it is working.