Certificate of Common Sponsorship

Sarah Russell Excerpts

Wednesday 22nd January 2025 Westminster Hall

[Mrs Sarah Russell (Congleton) (Lab)]

It is a pleasure to serve under your chairwomanship, Dr Huq. I thank my hon. Friend the Member for Poole (Neil Duncan-Jordan) for securing this debate.

Two sets of people are being abused and exploited. The first set are workers in the care sector. I agree with everything that my hon. Friend said about the extent of abuse in the sector, and I have seen it myself in my employment law practice. However, I have also always been aware that there was a need for more advice in the sector than we could ever provide, for exactly the reason that he raised: people are too scared to come forward.

The other set of people for whom this situation is deeply unjust are my constituents who receive care, who are spending their life savings on care, and who would be absolutely horrified to discover the circumstances in which many of the people who give that care are living. The Gangmasters and Labour Abuse Authority has talked about this as a massive growth area of concern—I have spoken to the Minister about that previously, in this exact room, so I will not go into precisely the same points again.

The Gangmasters and Labour Abuse Authority could potentially have a licensing scheme for care workers but, bluntly, it licensing schemes in other sectors do not seem to be eliminating abuse, so a certificate of common sponsorship is the way to get better rights and behaviours within the sector.

At the moment, some councils are putting out tenders for care at payment rates of around £17 an hour. Care representative organisations tell me that the actual cost of providing care with staff paid in a legally compliant way is £22 an hour. That does not include any management costs whatsoever; it is just the cost of the member of staff being provided. We have, at minimum, a £5 an hour gap between legally compliant care workers and what local councils are offering, although the gap is more than that because companies will, of course, want to make some degree of profit—that is not, per se, illegitimate—and will naturally need to charge for some management costs. A gap that big is enriching non-compliant employers in the sector. Compliant employers are withdrawing from the market because they cannot manage to compete, or provide services, for the amounts of money available.

There is an urgent need for a wider reform of the care sector, and pay within the sector. We are, of course, all looking forward to sectoral bargaining, to better protect workers and make it clearer to people what their rights are. However, unless workers have the capacity to enforce those rights, and unless they can move between employers as the rest of us can, they will continue to be exploited.

We already have a significant problem in the sector. The problem is getting worse and will continue to get worse but this is, I hope, one of a number of measures that could really improve working conditions for people in this country.

[Dr Rupa Huq (in the Chair)]

We said five minutes each.

SEND Provision: Autism and ADHD

Sarah Russell Excerpts

Thursday 12th December 2024 Commons Chamber

[Pippa Heylings]

Absolutely; I am here to pay tribute, as is everybody, to what teachers are doing, both with regard to the failure of the previous Government and with the current situation. Let us get to what is happening with the current Government.

Every child deserves access to education to get the best start in life and build a strong foundation that can provide valuable skills that allow them to thrive. That is not the case for all children across the country and particularly not for those with autism spectrum disorder and ADHD. Every professional I have spoken to agrees that early diagnosis and support are essential.

[Mrs Sarah Russell (Congleton) (Lab)]

In respect of early diagnosis and onward support, in my constituency of Congleton we have two specific problems. First, although some children receive a diagnosis under the right to choose pathway on the NHS, others, often from more deprived backgrounds, face considerably longer waits than they would under that pathway. The impact of that on those children concerns me very much. Secondly, Cheshire East council sometimes goes for periods of time when it closes the education, health and care plan application pathway to new entrants because it is so overwhelmed by the number of applications it already has. Both those are serious issues for children in my constituency, and I thank the hon. Member for South Cambridgeshire for securing this debate and giving me the opportunity to air them. Does she agree that it is a huge improvement to have a Government who are integrating SEND support and that there is so much more that we are all looking to do?

[Pippa Heylings]

I will come on to what I think is a postcode lottery. We see regional disparities in the care and provision given, so I thank the hon. Member for raising that point.

For many, the wait to get assessments for education, health and care plans can be months, if not years. Lord Darzi’s investigation of the NHS in England notes,

“Waiting lists for community services and mental health have surged.”

The report also mentions how

“Demand for assessments for ADHD and Autism have grown exponentially in recent years”,

with children disproportionately represented among them.

Recent research found that 200,000 children in England are struggling to get an education, health and care plan. That is 200,000 families left in uncertainty, desperate for help and struggling without the support they need.

Cambridgeshire currently has 8,033 students with EHCPs—a 51% increase in the last five years—and of those, 2,593 plans primarily address autism spectrum disorder. Indeed, I was told by the chief executive of Cambridgeshire county council that there has been an increase of 270% in the number of children presenting with autism. Requests for education, health and care needs assessments have risen faster than the national average. Why? We think that is driven by greater awareness of SEND and the statutory responsibilities of local authorities, the impact of the covid pandemic and the overall increase in mental health issues for children, even at a very young age. Those numbers help to underline the scale of the issue, but we should not get drawn purely into statistics and figures, because behind every number and every percentage there is a child, a family or a sibling being failed every single day.

I come to the issue of disparity that the hon. Member for Congleton (Mrs Russell) mentioned. Families who can afford to seek private neurodevelopmental assessments tend to receive help much faster than those who are reliant on public services. For the rest, it is a postcode lottery. NHS England data reveals stark regional disparities in waiting times for diagnosis. For example, the north-west region has the longest average wait of three years and four months, from referral to diagnosis. We therefore have a health inequality element to this too, as certain groups of children are less likely to have their needs identified or met, punished just because of where they live.

For some children, mainstream schools are simply not suitable, and parents and carers bear the brunt of that reality, managing reduced timetables, enduring repeated exclusions and watching their children receive only a few hours of education each day.

--- Later in debate ---

[Pippa Heylings]

I could not agree more with my hon. Friend. The Carers Trust has provided us with these stories and pointed out that we really need to collect this evidence. It would be easy to point the finger at local councils and say that this is their failure, but, as we have said, they are stretched to their limits by a chronic lack of funding. We have heard that f40, the cross-party local authority campaign group, has estimated that an additional £4.6 billion of annual SEND revenue is required to meet the current need, yet most of our county councils face a black hole in their budgets. One issue is the training and retention of educational psychologists, because they and council workers are overwhelmed. Turnover rates are high and burnout is common, which leads to an exacerbation of those waiting lists.

[Mrs Russell]

I thank the hon. Member for allowing me to intervene again; I appreciate it. Cheshire has some of the lowest per-pupil funding in the country. There is a direct link between schools that receive relatively low levels of funding and councils that have relatively high levels of SEND diagnoses, because there is not the same support in mainstream classrooms as when there are higher staffing ratios, which we find in areas that have better funding. We need to look at equalising that funding as best we can in the current environment to improve support at an earlier stage, as the hon. Lady was mentioning.

[Pippa Heylings]

I agree with the hon. Member. My constituency of South Cambridgeshire also has among the lowest per-pupil funding, which exacerbates the fact that, even though we have EHCPs, most of them are not funded to the amount that is required for each of those students. That compounds the situation that our amazing schools are trying to deal with.

Let me return to educational psychologists. Cambridgeshire county council has 17.5 budgeted educational psychologist roles, but 6.4 remain vacant due to a national shortage and the fact that psychologists can get better pay in other jobs and other places. We are seeing an inability to fill those roles and to support psychologists.

The Liberal Democrats are calling for a national body for SEND to end the postcode lottery faced by families of children with the highest needs. That would include looking at immediate Government action to prioritise early diagnosis and support for children with SEND, and to increase funding for diagnostic services.

Indefinite Leave to Remain: Healthcare Workers

Sarah Russell Excerpts

Monday 18th November 2024 Westminster Hall

[Mrs Sarah Russell (Congleton) (Lab)]

It is a pleasure to serve under your chairmanship, Sir Edward. I thank my hon. Friend the Member for Folkestone and Hythe (Tony Vaughan) for securing this debate.

There is a significant and ageing population in my constituency. There has been a 25% increase in the number over-65s since 2011 and, accordingly, a huge increase in the need for care. Prior to coming here, I was a solicitor specialising in employment rights. I worked in a law centre and saw at first hand how the issue plays out when it goes wrong—and it does go wrong. Typically, we would be approached by a care worker who was very concerned that they were being treated horrifically at work, in ways that were clearly unlawful. Unfortunately, once we gave them advice, they would not go forward with any form of complaint. They were too frightened that they would lose their visa status and their employer would create untrue allegations about them in order to have them thrown out of the country, rather than dealing with the underlying problems in the care sector.

The Gangmasters and Labour Abuse Authority reports that 61% of all reports made to it in the first quarter of 2024 concerned labour abuse in the care sector. Many, many people work in the care sector in my constituency and many, many more spend their life savings on care. They would all be rightly horrified to experience or receive care from people who work in the circumstances that I saw at first hand in practice.

The Gangmasters and Labour Abuse Authority website lists common signs that indicate the exploitation of care workers. It asks that if someone is visiting a loved one or a loved one is receiving care at home and they spot the signs, they contact the authority. The common signs listed are scavenging for food or eating leftovers, working excessively long hours, not being dressed adequately for the role—having insufficiently warm clothing or not having personal protective equipment—being in fear of the authorities, showing signs that their movements are being controlled, or having injuries. That is the reality of working in care in this country. That is what we all accept day to day in order to have our older people or people with disabilities looked after. Any of us would find that idea completely abhorrent. While we continue to do nothing, that is what we perpetuate in our society and all around us.

There are two things that we could do. Irrespective of the subject of today’s petition—even if there was a two-year wait for rights—we need to look at the relationship between employment rights and visa status in the intervening period, because people in those first two years would still be subject to widespread abuse. The other thing that we could look at is the Gangmasters and Labour Abuse Authority licensing scheme, which does not currently extend to the care sector. That is a significant omission that we could review.

I thank Members for listening to me today. Finally, I want to pick up on the point made by my hon. Friend the Member for Southampton Test (Satvir Kaur) about hate crime against NHS workers. When I visited Congleton War Memorial hospital recently, the chief executive made the point to me that his staff are habitually and regularly subjected to racial hatred. In raising that issue again with the House, I echo my hon. Friend, and I thank all NHS workers and all our care staff—it is appalling and we need to do something about it.