Children’s Wellbeing and Schools Bill
Debate between Nusrat Ghani and Stephen Morgan(2 weeks, 6 days ago)
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The Parliamentary Under-Secretary of State for Education (Stephen Morgan)
I beg to move, That the clause be read a Second time.
Madam Deputy Speaker (Ms Nusrat Ghani)
With this it will be convenient to discuss the following:
Government new clause 19—Cases in which duty under section (Corporate parenting responsibilities)(1) does not apply.
Government new clause 20—Corporate parenting duty: collaborative working.
Government new clause 21—Duty to have regard to guidance.
Government new clause 22—Reports by Secretary of State.
New clause 3—National Care Offer—
“(1) The Secretary of State must, within 18 months of the passing of this Act, publish a document (the “National Care Offer”) which sets out the minimum standards of information that local authorities must publish under section 2 of the Children and Social Work Act 2017 (local offer for care leavers).
(2) Before publishing or revising the National Care Offer, the Secretary of State must consult with persons that appear to the Secretary of State to represent the interests of care leavers.
(3) Where a consultation under subsection (2) results in recommendations to be made to the National Care Offer, the Secretary of State must—
(a) make the recommended changes or otherwise implement the recommendations; or
(b) where not intending to make the recommended changes or otherwise implement the recommendations, publish a response to the consultation outlining the reasons for the Secretary of State’s decision and the action that will be taken instead.”
This new clause would require the Secretary of State to consult on and publish a draft National Care Offer, which sets minimum standards for local care offers, within 18 months of this Act coming into force.
New clause 4—Health assessments to include mental health practitioner—
“In regulation 7 of the Care Planning, Placement and Case Review (England) Regulations 2010, after “practitioner” in paragraph (1) insert “and a registered mental health practitioner”.”
This new clause would make an assessment of the mental health of children in care a core part of the health assessment of those children by ensuring a mental health practitioner is involved in the assessment.
New clause 8—Abolition of common law defence of reasonable punishment—
“(1) The Children Act 2004 is amended as follows.
(2) In section 58 (Reasonable Punishment: England), omit subsections (1) to (4).
(3) After section 58, insert—
“58A Abolition of common law defence of reasonable punishment
(1) The common law defence of reasonable punishment is abolished in relation to corporal punishment of a child taking place in England.
(2) Corporal punishment of a child taking place in England cannot be justified in any civil or criminal proceedings on the ground that it constituted reasonable punishment.
(3) Corporal punishment of a child taking place in England cannot be justified in any civil or criminal proceedings on the ground that it constituted acceptable conduct for the purposes of any other rule of the common law.
(4) For the purposes of subsections (1) to (3) “corporal punishment” means any battery carried out as a punishment.
(5) The Secretary of State may make regulations for transitory, transitional or saving provision in connection with the coming into force of this section.
(6) The power to make regulations under subsection (5) is exercisable by statutory instrument.
58B Promotion of public awareness and reporting
(1) The Secretary of State must take steps before the coming into force of section 58A to promote public awareness of the changes to the law to be made by that section.
(2) The Secretary of State must, five years after its commencement, prepare a report on the effect of the changes to the law made by section 58A.
(3) The Secretary of State must, as soon as practicable after preparing a report under this section—
(a) lay the report before Parliament, and
(b) publish the report.
(4) The Secretary of State may make regulations for transitory, transitional or saving provision in connection with the coming into force of this section.
(5) The power to make regulations under subsection (4) is exercisable by statutory instrument.””
This new clause would abolish the common law defence of reasonable punishment in relation to corporal (physical) punishment of a child taking place in England, amend certain provisions of the Children Act 2004 relating to corporal punishment of children and place a duty on the Secretary of State to report this change.
New clause 13—Review of adoption support offered by local authorities—
“(1) The Secretary of State must, within 12 months of the passing of this Act, conduct a review of the adequacy and effectiveness of adoption support services provided by local authorities.
(2) The review must include services provided by adoption agencies which have been commissioned by local authorities.
(3) The review must consider in particular—
(a) any updates required to existing regulations and guidance relating to adoption; and
(b) the support needs of, and support services currently available or provided to—
(i) relevant parties in relation to birth family contact;
(ii) young adult adoptees in relation to their transition to adulthood; and
(iii) adult adoptees.
(4) Within six months of the completion of the review, the Secretary of State must publish and lay before Parliament a report on the findings and conclusions of the review.”
New clause 14—Notification when a child is placed into temporary accommodation—
“(1) This section applies where a local authority is exercising its duty under Section 189B of the Housing Act 1996 (Initial duty owed to all eligible persons who are homeless) to allocate temporary accommodation to a household which includes a child.
(2) A local authority must notify the following of the household’s homelessness status—
(a) the child’s school, and
(b) the child’s registered GP practice.
(3) The Secretary of State must issue guidance to schools and GPs on how to safeguard and promote a child’s welfare and wellbeing following receipt of a notification under subsection (2).
(4) A local authority must, before issuing a notification under subsection (2), request the consent of the household for the sharing of information relating to the household’s homelessness status.
(5) Subsection (2) does not apply if the household has not consented to the local authority sharing information about it.”
This new clause would establish a notification system requiring local authorities to alert schools and GPs, when a child is placed into temporary accommodation. The notification can only occur when the child’s parent or guardian consent to the sharing of this information.
New clause 15—Implementation of recommendations of the Independent Inquiry into Child Sexual Abuse—
“(1) The Secretary of State must, within 6 months of the passing of this Act, take steps to implement the recommendations made in the final report of the Independent Inquiry into Child Sexual Abuse listed below.
(2) The recommendations are—
(a) the establishment of a single core data set on child sexual abuse and child sexual exploitation in England and Wales;
(b) the establishment of Child Protection Authorities for England and Wales;
(c) the creation of cabinet Ministers for Children in the UK and Welsh Governments;
(d) the commissioning of regular public awareness campaigns on child sexual abuse;
(e) the amendment of the Children Act 1989 to provide for court action where there is reasonable cause to believe that a child in the care of a local authority is experiencing or is at risk of experiencing significant harm;
(f) the creation of registration systems for care staff in children’s homes, young offender institutions and secure training centres;
(g) greater use of the barred list in relation to persons recruiting individuals to work or volunteer with children on a frequent basis;
(h) the improvement of compliance with statutory duties to notify the Disclosure and Barring Service of the suitability of individuals to work with children;
(i) the extension of the powers of the Disclosure and Barring Service to provide enhanced certificates to people working with children overseas; and
(j) the provision of specialist and accredited therapeutic support to child victims of sexual abuse.
(3) The Secretary of State must, after a period of six months has elapsed from the passing of this Act and at 12 monthly intervals thereafter, publish a report detailing the steps taken by the Government to implement each of the recommendations listed above.
(4) A report published under subsection (3) must include—
(a) actions taken to meet, action or implement each of the recommendations;
(b) details of any further action required to implement each of the recommendations or planned to supplement the recommendations;
(c) consideration of any challenges to full or successful implementation of the recommendations, with proposals for addressing these challenges so as to facilitate implementation of the recommendations; and
(d) where it has not been practicable to fully implement a recommendation—
(i) explanation of why implementation has not been possible;
(ii) a statement of the Government’s intention to implement the recommendation; and
(iii) a timetable for implementation.”
New clause 25—Kinship care leave—
“(1) The Secretary of State must, by regulations, entitle an individual to be absent from work on care leave under this section where—
(a) the individual is a kinship carer, and
(b) the individual satisfies conditions specified in the regulations.
(2) Regulations made under subsection (1) must include provision for determining—
(a) the extent of an individual’s entitlement to leave under this section; and
(b) when leave under this section may be taken.
(3) Provision under subsection (2)(a) must secure that—
(a) where one individual is entitled to leave under this section, they are entitled to at least 52 weeks of leave; or
(b) where more than one individual is entitled to leave under this section in respect of the same child, those individuals are entitled to share at least 52 weeks of leave between them.
(4) An employee is entitled to leave under this section only if the eligible kinship care arrangement is intended to last—
(a) at least one year, and
(b) until the child being cared for attains the age of 18.
(5) For the purposes of this section, a “kinship carer” has the meaning given in section 22I of the Children Act 1989, as inserted by section 5 of this Act.
(6) Regulations made under this section may make provision about how leave under this section is to be taken.”
New clause 26—Kinship care allowance—
“(1) A person is entitled to a kinship care allowance for any week in which that person is engaged as a kinship carer in England.
(2) For the purposes of this section, a “kinship carer” has the meaning given in section 22I of the Children Act 1989, as inserted by section 5 of this Act.
(3) A person is not entitled to an allowance under this section unless that person satisfies conditions prescribed in regulations made by the Secretary of State.
(4) A person may claim an allowance under this section in respect of more than one child.
(5) Where two or more persons would be entitled for the same week to such an allowance in respect of the same child, only one allowance may be claimed on the behalf of—
(a) the person jointly elected by those two for that purpose, or
(b) in default of such an election, the person determined by, and at the discretion of, the Secretary of State.
(6) Regulations may prescribe the circumstances in which a person is or is not to be treated for the purposes of this section as engaged, or regularly and substantially engaged, in caring for a child under an eligible kinship care arrangement.
(7) An allowance under this section is payable at the weekly rate specified by the Secretary of State in regulations.
(8) Regulations under subsection (7) may specify—
(a) different weekly rates for different ages of children being cared for, or
(b) different weekly rates for different regions of England.
(9) Regulations under subsection (7) must specify a weekly rate that is no lower than the minimum weekly allowance for foster carers published by the Secretary of State pursuant to section 23 of the Care Standards Act 2000.”
New clause 27—Extension of pupil premium to children subject to a kinship care arrangement—
“(1) The Secretary of State must, for the financial year beginning 1 April 2026 and for each year thereafter, provide that an amount is payable from the pupil premium grant to schools and local authorities in respect of each registered pupil in England who is who is a child living in kinship care.
(2) The amount payable under subsection (1) must be equal to the amount that is payable for a pupil who is a looked after child.
(3) In this section—
“a child living in kinship care” is to be interpreted in the same manner as given in section 22I of the Children Act 1989, as inserted by section 5 of this Act.
“looked after child” has the same meaning as in the Children Act 1989;
”pupil premium grant” means the grant of that name paid to a school or a local authority by the Secretary of State under section 14 of the Education Act 2002 (power of Secretary of State and Senedd Cymru to give financial assistance for purposes related to education or children etc).”
New clause 28—Admissions arrangements relating to looked after children and children in kinship care—
“(1) For section 88B of the School Standards and Framework Act 1998 (admission arrangements relating to children looked after by local authority) substitute—
“88B Admissions arrangements relating to looked after children and children in kinship care
(1) Regulations may require the admission authorities for maintained schools in England to include in their admission arrangements provision relating to the admission of children who are—
(a) looked after by a local authority in England, or
(b) living in kinship care as may be prescribed.
(2) Regulations under subsection (1) may in particular include provision for securing that, subject to sections 86(3), 86B(2) and (4) and 87, such children are to be offered admission in preference to other children.
(3) In this section, “children who are living in kinship care” is to be interpreted in the same manner as given in section 22I of the Children Act 1989, as inserted by section 5 of this Act.””
New clause 29—Establishment of National Wellbeing Measurement Programme—
“(1) The Secretary of State must establish a national children and young people’s wellbeing measurement programme.
(2) A programme established under this section must—
(a) conduct a national survey of the mental health and wellbeing of children and young people in relevant schools in England;
(b) support schools in the administration of the survey
(c) make provision for parental and student consent to participation in the survey, ensuring that participation is voluntary and that results are handled confidentially; and
(d) regularly publish the results of the survey and provide relevant data to participating schools, local authorities and other public bodies for the purposes of improving children and young people’s wellbeing.
(3) A programme established under this section must—
(a) be developed and piloted within two years of the passing of this Act;
(b) be fully implemented in England no later than the start of the academic year three years after the passing of this Act;
(c) be reviewed as to its effectiveness by the Secretary of State every three years.
(4) Any review of the programme under subsection (3)(c) must be published and laid before Parliament.
(5) For the purposes of this section “relevant school” means—
(a) an academy school,
(b) an alternative provision Academy,
(c) a maintained school,
(d) a non-maintained special school,
(e) an independent school, or
(f) a pupil referral unit, other than where established in a hospital.”
This new clause would place a duty on the Secretary of State to introduce a national programme to regularly measure and report on the mental health and wellbeing of children and young people in schools.
New clause 30—Benefits of outdoor education to children’s wellbeing—
“(1) The Secretary of State must, within six months of the passing of this Act, conduct a review on the benefits of outdoor education to children's wellbeing.
(2) A report on the review must be published within six months of the conclusion of the review.”
New clause 33—National standards for children in need thresholds—
(1) The Secretary of State must, within a year of the passing of this Act, conduct a review of the operation of section 17 of the Children Act 1989 (Provision of services for children in need, their families and others).
(2) The review must assess regional and national variation in the type, frequency, and duration of support provided to children through child in need plans.
(3) The recommendations of the review must include the setting of—
(a) metrics in the Department for Education’s Children’s Social Care Dashboard for assessing the progress of children with child in need plans, and
(b) national guidance for local authorities defining the thresholds of need that children and families must meet to be offered children in need support.
(4) The national guidance issued under section (2)(b) must include—
(a) national triggers for an automatic referral to children’s social care, including when a primary care giver enters custody or inpatient mental health provision, and when a child is arrested,
(b) the Secretary of State’s expectations on how often children should receive help,
(c) the Secretary of State’s expectations on how frequently a child’s support should be reviewed when they have a child in need plan, and
(d) any other matters that the Secretary of State deems appropriate.”
The purpose of this new clause is to reduce regional variations in the type, frequency and duration of support that children receive through child in need plans.
New clause 35—Extension of priority need status to under 25s—
“(1) The Homelessness (Priority Need for Accommodation) (England) Order 2002 is amended as follows.
(2) In article (4), paragraph (1)(a), omit “twenty-one” and insert “twenty-five”.
(3) In article (5), omit paragraph (1).”
This new clause would extend the priority need status under homelessness legislation to all care leavers up to the age of 25, regardless of vulnerability.
New clause 36—Action to promote children’s wellbeing in relation to mobile phones and social media—
“(1) Within 12 months of the passing of this Act, the Secretary of State must, for the purposes of promoting the wellbeing of children—
(a) direct the Chief Medical Officers of the United Kingdom (“the UK CMOs”) to prepare and publish advice for parents and carers on the use of smartphones and social media use by children,
(b) publish a plan for research into the impact of use of social media on children’s wellbeing, and
(c) require all schools in England to have a policy that prohibits the use and carrying of certain devices by pupils during the school day.
(2) Any advice published under subsection (1)(a) must have regard to—
(a) the paper published on 7 February 2019 entitled “United Kingdom Chief Medical Officers’ commentary on ‘Screen-based activities and children and young people’s mental health and psychosocial wellbeing: a systematic map of reviews’”, and
(b) any scientific or other developments since the publication of that paper which appear to the UK CMOs to be relevant.
(3) Any policy implemented under subsection (1)(c)—
(a) may provide for exemptions from the policy, or for an alternative policy, for sixth form students, in so far as such exemptions or alternative policies do not negatively impact upon the wider policy;
(b) may provide for exemptions for medical devices;
(c) is to be implemented as the relevant school leader considers appropriate; and
(d) may, where implemented by a boarding school or residential school, include appropriate guidance for the use of certain devices during other periods which their pupils are on school premises, subject to such policies safeguarding and promoting the welfare of children in accordance with relevant national standards.
(4) For the purposes of this section—
“certain devices” means mobile phones and other devices which provide similar functionality and whose main purpose is not the support of learning or study;
“the Chief Medical Officers of the United Kingdom” means the Chief Medical Officers for—
(a) England,
(b) Wales,
(c) Scotland, and
(d) Northern Ireland
“the school day” includes all time between the start of the first lesson period and the end of the final lesson period.”
This new clause would require the Secretary of State to take action to promote children’s wellbeing in relation to mobile phones and social media by commissioning a report from the Chief Medical Officers and requiring schools to ban the use of mobile telephones during the school day.
New clause 37—Cessation of Child Protection Plans—
“Where proceedings are initiated or a care and supervision order is issued under section 31 of the Children Act 1989, any cessation of child protection plans for children under five years old must be signed off by the relevant Director of Children's Services or Head of Social Work Practice.”
This new clause would mean that the relevant Director of Children's Services or Head of Social Work Practice must sign off any cessation of child protection plans for children under five years old once proceedings have been initiated or once a care and supervision order has been issued.
New clause 43—Automatic enrolment for the Healthy Start scheme—
“(1) The Secretary of State must, within 6 months of the passing of this Act, introduce a scheme to automatically enrol certain individuals for the purposes of the Healthy Start scheme.
(2) For the purposes of this section, “certain individuals” means people who are eligible for the Healthy Start scheme on the basis of having a child under the age of 4.
(3) The scheme must provide the means for individuals to opt out of enrolment for the Healthy Start scheme.”
New clause 44—Contact with siblings for children in care—
“(1) The Children Act 1989 is amended as follows.
(2) In section 34(1), after paragraph (d) insert—
“(e) his siblings (whether of the whole or half blood).”
(3) In paragraph 15(1) of Schedule 2, after paragraph (c) insert—
“(d) his siblings (whether of the whole or half blood).””
This new clause would ensure that children in care are allowed reasonable contact with their siblings.
New clause 45—Arrangements for remaining in a residential children’s home after reaching adulthood—
“(1) The Children Act 1989 is amended as follows.
(2) In section 23CZA (arrangements for certain former relevant children to live with former foster parents), at the end of subsection (2) insert – “or by which a person who is a former relevant child by virtue of section 23C(1)(b) continues to live at the residential children’s home at which they were resident when they were looked after.
(3) In paragraph 19BA in Part 2 of Schedule 2 (local authority support for looked after children)—
(a) in sub-paragraph (1), after “parent” insert “or in a residential children’s home”;
(b) in sub-paragraph (3)(b), after “parent” insert “or residential children’s home”.’”
This new clause would extend the “staying put” arrangements that currently exist for young people placed with foster parents to those living in a residential children’s home.
New clause 46—Extension of the ban on unregulated accommodation for 16- and 17-year-olds—
“(1) In the Care Planning, Placement and Case Review (England) Regulations 2010—
(a) in Regulation 27A (Prohibition on placing a child under 16 in an unregulated setting), for “under 16” substitute “under 18”;
(b) in Regulation 27B (Exception to the prohibition on placing a child under 16 in other arrangements), after paragraph (1), insert—
“(1A) The Secretary of State shall ensure that all accommodation provided to looked after children aged 16 and 17 meets the standards of regulated children’s homes or other regulated supported accommodation.””
(2) In section 22C of the Children Act 1989 (Ways in which looked after children are to be accommodated and maintained), after subsection (6) insert—
“(6A) A local authority must not place a looked after child aged 16 or 17 in unregulated accommodation that does not meet the requirements set out in regulations made under subsection (7).””
New clause 47—Requirement for minimum standards for accommodation provided to 16- and 17-year-olds in care—
“The Secretary of State must, within six months of the passing of this Act, lay before Parliament regulations establishing national minimum standards for accommodation provided to 16- and 17-year-olds in care, ensuring—
(a) access to appropriate levels of support and supervision;
(b) safeguarding protections equivalent to those in regulated children’s homes; and
(c) oversight by Ofsted or another appropriate regulatory body.”
New clause 50—Establishment of Child Protection Authority—
“(1) The Secretary of State must, within six months of the passing of this Act, establish a Child Protection Authority for England.
(2) The purpose of such an Authority will be to—
(a) improve practice in child protection;
(b) provide advice and make recommendations to the Government on child protection policy and reforms to improve child protection;
(c) inspect institutions and settings at some times and in such ways as it considers necessary and appropriate to ensure compliance with child protection standards; and
(d) monitor the implementation of the recommendations of the Independent Inquiry into Child Sexual Abuse and other inquiries relating to the protection of children.
(3) The Authority must act with a view to—
(a) safeguarding and promoting the welfare of children;
(b) ensuring that institutions and settings fulfil their responsibilities in relation to child protection.”
This new clause would seek to fulfil the second recommendation of the Independent Inquiry into Child Sexual Abuse in establishing a Child Protection Authority for England.
Amendment 176, in clause 1, page 1, line 7, leave out from start to “in” in line 8 and insert—
“When a local authority starts formal child protection proceedings.”
This amendment would require the offer of a family group decision making meeting when formal child protection proceedings are initiated or when a child protection plan is failing to protect the child, rather than before a local authority makes an application for a care and supervision order.
Amendment 177, in clause 1, page 1, line 10, at end insert—
“(1A) A family group decision-making meeting must be offered by the relevant local authority when a family is going through private law proceedings.”
This amendment seeks to reduce the conflict in private law proceedings by offering a family group decision making meeting, allow other family members to support the child as well as to identify where there are significant safeguarding risks to the child/children. It would strengthen the intention that mediation and reconciliation out of court are better for the child.
Amendment 178, in clause 1, page 2, line 7, at end insert—
“(5) A family group decision-making meeting must be chaired by a systemic family therapist or other similarly qualified professional.”
This amendment would require family group decision-making meetings to be chaired by a family therapist or other professional with equivalent qualifications. Particularly in cases involving domestic abuse, including coercion and control, it is essential that the FGDP has the expertise to manage this and protect the child/children.
Amendment 172, in clause 1, page 2, leave out lines 21 to 26 and insert—
“(8) The child in relation to whom the family group decision-making meeting is held should be supported to attend all or part of the meeting if they wish to do so, unless the local authority determines this not to be in the best interests of the child, in which instance efforts should be made to ensure their views are represented.
(9) In exercising functions under this section in relation to a child, the local authority must, so far as is reasonably practicable and consistent with the child’s welfare—
(a) ascertain the child’s wishes and feelings; and
(b) give due consideration (having regard to the child’s age and understanding) to such wishes and feelings of the child as they have been able to ascertain.”
This amendment would require a local authority to ascertain a child’s wishes and feelings regarding all aspects of family group decision-making, to give those views due consideration, and to support the child to participate in family group decision-making meetings where appropriate.
Amendment 179, in clause 1, page 2, line 26, at end insert—
“(10) If a child is to be looked after by other family members as a result of the family group decision-making meeting, the local authority must make arrangements to ensure the safety and welfare of the child and prepare a child protection plan that reflects this.”
This amendment would ensure that if a child is going to be looked after by other family members, the local authority takes appropriate action, that is reflected in the child protection plan, to assure their safety and welfare.
Amendment 180, in clause 1, page 2, line 26, at end insert—
“(10) If the child is under the age of two, the family group decision-making conference must not delay the timetable for the making of permanent arrangements regarding the child’s care.”
This amendment is designed to ensure that the offer of a family group decision-making meeting does not unduly delay making permanent arrangements regarding the child’s care
Government amendment 111.
Amendment 181, in clause 4, page 6, line 25, at end insert—
“(4A) Where the relevant person considers that the disclosure would be more detrimental to the child than not disclosing the information, this decision must be recorded.”
This amendment requires decisions made not to disclose information to be recorded.
Government amendment 112.
Amendment 182, in clause 4, page 6, line 37, at end insert—
“(6A) Where information is disclosed under this section, the recipient must consider the safety and welfare of others to whom the information may relate or involve and take steps to promote their safety and welfare, particularly in cases of domestic abuse or elder abuse.”
This amendment seeks to ensure that other vulnerable members of a household are not inadvertently put at risk by the sharing of information, and that safety plans are put in place where needed.
Government amendments 113 to 116.
Amendment 174, in clause 5, page 9, line 31, at end insert—
“(8) A kinship local offer published under subsection (5) must state when it will next be reviewed.
(9) Any review of a kinship local offer conducted by a local authority under subsection (7) must involve the participation of children and families.”
This amendment would ensure that kinship families are actively engaged in shaping the support available to them, and that local authorities are held accountable for delivering their obligations.
Amendment 183, in clause 5, page 9, line 31, at end insert—
“(8) In fulfilling its duties under subsection (7) a local authority must annually consult and collect feedback from children in kinship care and their carers about its kinship local offer.
(9) Feedback received under subsection (8) must be published annually.”
This amendment would require local authorities to consult children and carers when assessing their kinship care offer.
Amendment 184, in clause 7, page 12, line 8, at end insert—
“(3A) Where staying close support is provided, it must be provided with due regard to the wishes of the relevant person and a record must be kept of that person’s wishes.”
This amendment would require local authorities to take account of the wishes of the relevant young person when providing staying close support, and keep a record of those wishes.
Amendment 186, in clause 11, page 16, line 18, at end insert—
“(1AA) A child who is being looked after by a local authority in England and is under the age of 13 may not, whilst being kept in relevant accommodation in England, be deprived of their liberty in that accommodation unless this has been authorised by the Secretary of State.”
This amendment would ensure that deprivation of liberty orders could not be issued to children under the age of 13 unless expressly authorised by the Secretary of State, in line with provisions relating to children’s homes.
Amendment 187, in clause 11, page 16, line 25, at end insert—
“(1C) The Secretary of State must review a deprivation of liberty order every 4 weeks to ensure that is appropriate for the order to remain in place.”
This amendment would require a review of deprivation of liberty orders to ensure that they remain appropriate for the relevant child.
Amendment 185, in clause 11, page 17, line 10, at end insert—
“(8A) After subsection (9) insert—
“(10) Where a child is kept in secure accommodation under this section, the relevant local authority has a duty to provide therapeutic treatment for the child.””
This amendment would place a duty on local authorities to provide therapeutic treatment for children subject to a deprivation of liberty order.
Government amendment 117.
Amendment 188, in clause 12, page 17, delete from line 21 to line 17 on page 21 and insert—
“23A Requirement for inspection
(1) The CIECSS may order an inspection of a parent undertaking, or any of its subsidiaries, if it has–
(a) a subsidiary undertaking which meets the requirements of subsection (2), or
(b) two or more subsidiary undertakings which meet the requirements of subsection (3).
(2) A subsidiary undertaking meets the requirements of this subsection if–
(a) the subsidiary undertaking is registered under this Part as carrying on two or more establishments or agencies for which the CIECSS is the registration authority, and
(b) the CIECSS reasonably suspects that there are grounds for cancelling the subsidiary undertaking’s registration in respect of two or more of those establishments or agencies.
(3) A subsidiary undertaking meets the requirements of this subsection if–
(a) the subsidiary undertaking is registered under this Part as carrying on one or more establishments or agencies for which the CIECSS is the registration authority, and
(b) the CIECSS reasonably suspects that there are grounds for cancelling the subsidiary undertaking’s registration in respect of one or more of those establishments or agencies.”
This amendment would require an inspection if the CIECSS believes that are reasons to cancel a children’s home registration, rather than issue an improvement plan notice.
Amendment 189, in clause 12, page 18, line 6, at end insert—
“(3A) The CIECSS may require an unannounced visit by Regulation 44 visitor to a children’s home, if it reasonably suspects that there are administrative breaches or minor concerns about the quality of care being provided.
(3B) After Regulation 44 visitors have inspected the relevant children’s home or homes, the local authority may issue an improvement plan notice based on their findings.”
This amendment would rely on the use of Regulation 44 visitors to inform the content of an improvement plan notice where the CIECSS has concerns about minor or technical breaches.
Government amendment 118.
Amendment 171, in clause 15, page 29, line 18, at end insert—
“(c) independent schools with caring responsibilities and offering SEND provision.”
This amendment would include independent special schools within the profit cap provision.
Government amendments 119 to 131.
Government new schedule 1—Relevant authorities.
Stephen Morgan
I start by thanking all hon. and right hon. Members for their valuable contributions during the passage of the Bill to date, and in particular, members of the Public Bill Committee for providing substantial debate and scrutiny.
The Children’s Wellbeing and Schools Bill is a landmark Bill and a key piece of legislation that will enable us to deliver the Government’s opportunity mission and our determination to break the link between people’s background and their future success. It will protect children from abuse, it will stop vulnerable children falling through the cracks in services and it will deliver a core guarantee of high standards with space for innovation in every child’s education. It will put in place a package of support to drive high and rising standards throughout education and throughout children’s social care so that every child can achieve and thrive.
Reforming children’s social care is critical to giving hundreds of thousands of children and young people the start in life that they deserve. Our approach to reform will break down barriers by shifting the focus of the children’s social care system to early support to keep families together. We will ensure that children can remain with their families where appropriate, support more children to live with kinship carers or in fostering families and fix the broken care market to tackle profiteering and put children’s needs first.
The previous Government bequeathed to us a bitter inheritance of not only child poverty across great swathes of our country, which affected one in three, or even one in two, of our young people, not just record numbers of children out of school or not turning up to school, not merely a children’s social care system at breaking point, but—bitterest of all—a fiscal blackhole. That blackhole must be tackled to get this country’s finances and future back on track, but it limits the speed at which we can deliver the ambition that all Labour Members have for a brighter future for Britain’s children.
Let me speak to our Government amendments. New clauses 18 to 22 introduce corporate parenting duties for Departments and relevant public bodies. A previous Labour Prime Minister observed, following Tawney:
“What a wise parent would wish for their children, so the state must wish for all its children.”
That principle lies behind the change that these new clauses seek to bring today, as we ensure that across the public sector we recognise the moral and necessary obligation to do all we can to level the playing field for children in care and care leavers. This group of young people faces significant disadvantages. Twenty-six per cent. of the homeless population are care-experienced, and around a quarter of the adult prison population were in care as children. Care leavers aged 19 to 21 are over three times more likely not to be in education, employment or training than their peers.
New clause 18 introduces corporate parenting responsibilities for Departments and the relevant public bodies, referred to as “relevant authorities”, listed in new schedule 1. New corporate parents will need to be alert to the needs of children in care and care leavers and assess the services or support they provide that are available to them. They will also need to provide them with the opportunities to participate in activities designed to promote their wellbeing or enhance their employment prospects.
Mental Health Support: Educational Settings
Debate between Nusrat Ghani and Stephen Morgan(3 weeks, 3 days ago)
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Stephen Morgan
I can assure the hon. Member that I have not announced anything today. As I mentioned in response to the intervention from the hon. Member for Twickenham (Munira Wilson), we are working through the detail, but the commitment is to access to dedicated mental health support in every school. It was a real pleasure to visit the hon. Member’s constituency and see that work at first hand.
A number of Members are interested in the role of councils in this important issue. Local government’s public health responsibilities are an essential element of preventing ill health, promoting healthier lives and addressing health inequalities. The Department of Health and Social Care will provide more than £4 billion of public health funding in 2025-26, including over £3.8 billion through the public health grant to local authorities—an average cash increase of 5.4%, or a 3.0% real-terms increase in local authority public health grant funding compared with the last financial year. That represents a significant turning point for local public health services, marking the biggest real-terms increase after nearly a decade of reduced funding.
I thank all Members from all parts of the House for their contributions this afternoon. My hon. Friend the Member for Redditch spoke with real insight and passion about the support that children and young people need, and about the need for parity between physical and mental health, and he made a number of informed contributions based on evidence and research. I also pay tribute to my hon. Friend the Member for Blaydon and Consett (Liz Twist), who for some time has spoken in this place on behalf of families who have lost loved ones due to suicide. I pay tribute to her work alongside the hugely dedicated campaigners that are the 3 Dads Walking. I have had the privilege of meeting those individuals, and they are inspiring in the work that they do.
We heard from the Chair of the Select Committee, my hon. Friend the Member for Dulwich and West Norwood (Helen Hayes), who made a number of points from her experience on the Select Committee and from visits to schools in her area. I look forward to her continued constructive engagement as we progress our ambitions on mental health in this place.
A number of Members made contributions on support for SEN children. Every child, regardless of their individual needs, deserves the opportunity to achieve, thrive and succeed. This Government are aware of the scale of the challenges in the current system, and we have made clear our commitment to addressing them.
In conclusion, I assure my hon. Friend the Member for Redditch and all Members that this Government prioritise the health and happiness of children and their wellbeing. We recognise the need for further support in schools, so that all children can achieve and thrive, including in tackling the generational challenge of school absence and bolstering young people’s wellbeing and sense of belonging. We value the many contributions from across the House in the debate today, and I again thank my hon. Friend for securing it.
Madam Deputy Speaker (Ms Nusrat Ghani)
The last few minutes go to Chris Bloore to wind up.
Government’s Childcare Expansion
Debate between Nusrat Ghani and Stephen Morgan(5 months, 2 weeks ago)
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The Parliamentary Under-Secretary of State for Education (Stephen Morgan)
With permission, I will make a statement on the Government’s plans to deliver additional places in school-based nurseries, and a clarification on Government action on so-called top-up fees for funded childcare hours. I will also update the House on the Government’s response to the consultation on safeguarding requirements in the early years foundation stage framework.
The Secretary of State has promised a new era of child-centred government, working alongside the sector to deliver meaningful long-term reform of the early years system. The Government believe that all children deserve access to a brilliant early education, regardless of who they are, where they come from or their parents’ income. Today marks a significant step for thousands of families, as we begin the first stage of the Government’s plan to deliver 3,000 new or expanded school-based nurseries. From today, primary schools can apply for a grant of up to £150,000 from a £15 million capital funding pot to make the changes needed for their site to accommodate a nursery.
The new or expanded nurseries are set to open across England from the start of the next school year. We have chosen to expand school-based nurseries because schools are at the heart of our communities. School-based nurseries cater for a higher proportion of children with special educational needs and disabilities, and offer a higher share of nursery places in the most deprived areas. To support our most vulnerable children and build on the existing market, the funding will be available for projects that are either school-run or delivered on the school’s site by private and voluntary providers or childminders. Schools will be asked to work with local authorities to demonstrate local parental demand for places. If there are primary schools that are interested in this programme but are not currently ready or eligible to host new nursery places, we encourage them to register an interest for the future. We expect funding to be allocated to successful schools in spring 2025 to support delivery of the first nursery places from September 2025.
As we expand the childcare system, it is crucial that early education and childcare remains fair and accessible to all parents. That is why we are taking action to address situations where parents are facing high and additional charges on top of the funded entitlement hours. Those charges, which may include mandatory fees for nappies, lunch, or additional hours, should not be a condition for accessing a funded place. The vast majority of providers are working hard to make sure that parents can access their entitlements, but any sort of mandatory additional charging or preferential treatment towards parents who purchase optional extras is not acceptable. Over the next few months, my Department will engage with local authorities, providers and parents to develop and clarify guidance on this issue, including on so-called “top-up fees”. We will support local authorities to protect parents from overcharging.
I turn to new childcare entitlements. In September, working parents of children aged nine months and above were able to access 15 hours per week of Government-funded early education for the first time. I can confirm that over 320,000 additional children are now accessing the new entitlement. Delivering the scheme has not been without difficulty and owes much to the collaboration between local authorities, providers and the work of my right hon. Friend, the Secretary of State, who has made ensuring the roll-out a priority. At the same time, we are helping the sector to deliver the necessary places for September 2025. This final, more challenging phase of the roll-out will increase the funded childcare entitlement of working parents to 30 hours per week.
Trust matters in politics, which is why I want to reiterate this Government’s commitment to honouring the promise made by the last Government to deliver these entitlements, but the House should be in no doubt that this will be an extremely difficult task. There remains a significant shortage of staff and places. The Government’s spending watchdog has said that, in order to deliver the roll-out, in some parts of the country we will need to double or even triple capacity in order to provide the additional hours. There are substantial gaps to fill, left behind knowingly by the Conservative party. We must be honest with families about the fact that in some parts of England, while parents may receive the hours they were promised, they may not get their first choice of nursery or childminder.
I assure the House that we will continue to work tirelessly to bridge the gaps in time for next September, and our plans to expand primary school-based nurseries will help us to deliver these entitlements. Our priority is to provide high-quality education and care for children while ensuring their safety, in order to give every child the best start in life.
Today the Department published its official response to the consultation on proposals to strengthen safeguarding requirements in the statutory early years foundation stage framework. These reforms are set to be implemented from September 2025. The changes to be made to the framework are based on lessons learned from tragic past events, responses to our consultation, and feedback from safeguarding experts and the sector. The consultation received 1,470 responses, with strong support for all the proposals. The Department will therefore implement all the proposals, including those on safer recruitment, child absences, safer eating, safeguarding training, and paediatric first aid training. There will also be new proposals on providing employment references and supporting whistleblowing. These changes will formalise existing best practices, and will ensure that all early years educators have the knowledge and support that they need to deliver safe, high-quality early education and childcare.
As many parents know, childminders are a key part of the early education and childcare market, providing choice and flexibility. We are already delivering childminder start-up grants to help new childminders with the costs of registering, and on 1 November we will introduce new flexibilities for childminders to help them join and stay in the profession. These changes will create a new category of childminder who can work entirely from non-domestic premises. The total number of people who can work together under a childminder’s registration will increase from three to four. Childminders will also have more flexibility to operate for more time outside domestic premises, for instance from a community hall or school. These new flexibilities will further support the Government’s commitment to rolling out expanded childcare entitlements and giving children the best start in life.
Parents’ need for childcare does not stop when their children reach primary school age. Since July, we have allocated more than £130 million to local authorities to begin delivering these new places to parents of primary school age children as part of the national wraparound childcare programme. Initial delivery plans indicate that this programme will deliver up to 200,000 new childcare places, at either end of the school day, available in over 50% of all primary schools. However, we want to go further to support hard-working families and tackle disadvantage, which is why we committed ourselves in our manifesto to introducing free breakfast clubs in every primary school.
Breakfast clubs can have a tremendously positive impact in helping children to arrive at school on time and ready to learn, while also helping working parents to have more choices in the workplace. From April 2025, free breakfast clubs will be available in up to 750 early adopter schools. That will be part of the test-and-learn phase, but new breakfast clubs, once rolled out nationally, will be available to every state-funded school with primary school age children, and will give parents more affordable childcare choices while also helping families with the cost of living. Children will be able to start the school day ready to learn, which will give them the best start in life and in their education.
This Government are determined to break down barriers to opportunity. That must start before school, with high-quality early education that is both available and affordable. We inherited a pledge without a plan, so this Labour Government must work to deliver the change that families need. We will deliver places in new nurseries, tackle unfair “top-up fees”, and ensure that every child can have the best start in life. I commend this statement to the House.
Madam Deputy Speaker (Ms Nusrat Ghani)
Order. I should explain to newer colleagues that interventions are not made during statements by Ministers or responses from shadow Ministers. I now call the shadow Minister to respond to the Minister’s statement.
Stephen Morgan
I thank my hon. Friend for her tireless work speaking up for children, young people and parents up and down the country. As she rightly says, we are working hard with the early years sector to recruit the staff we need, including through the extended recruitment campaign Do Something Big, so that we attract more people to work in the early education system and ensure there are good training pathways into careers in early education. We are resetting relationships with staff across the education sector to ensure they are respected and valued for the important work they do. School-based nurseries currently have lower turnover and have the option to use some staff flexibly between reception and early years in primary schools. I am looking forward to cracking on with delivering on those commitments.
Stephen Morgan
Childminders are a key part of the childcare market, providing more choice and flexibility for parents. From next month, the Government plan to implement new flexibilities to help childminders join and stay in the profession. That will include enabling childminders to work from non-domestic premises, as I mentioned in my statement, and increasing the number of childminders who can work together; that will improve children’s access to new experiences out of the home and encourage socialisation. As we seek to deliver a sea change in our approach to early years, we want partners, including childminders, to work closely with us to push for better.
Madam Deputy Speaker (Ms Nusrat Ghani)
Order. I remind hon. Members to ask short questions.
Stephen Morgan
Since joining the House, my hon. Friend has already become a champion for children and young people in his constituency. He raises a number of points—about childminders, support for children in care, and military families. As I represent the heart and home of the Royal Navy, I take those matters very seriously. I will certainly consider the points that he raises as we design a system fit for the future.
Stephen Morgan
I thank my hon. Friend for his question; he is absolutely right. The pandemic had a huge impact on children’s lives, and our investment in early interventions around speech and language is absolutely key. I look forward to working with him to deliver that successfully in his constituency.
Oral Answers to Questions
Debate between Nusrat Ghani and Stephen Morgan(6 months, 4 weeks ago)
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Stephen Morgan
I thank my hon. Friend for his question. Breakfast clubs are about more than just food: they provide opportunities for children to play, to learn and to socialise at the start of the school day. The Government are giving parents more choice in childcare, and are supporting families with the cost of living crisis. Our plans for breakfast clubs will remove barriers to opportunity by ensuring that every child of primary school age, no matter their circumstances, is well prepared for school.
Madam Deputy Speaker (Ms Nusrat Ghani)
We are moving on to topicals; the questions will be short, and the ministerial responses will be snappy.