Children and Social Work Bill [Lords]

Stella Creasy 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

[Neil Carmichael (Stroud) (Con)]

The Bill is a very good one. It has been amended in the House of Lords, and we will need to consider the implications of that in due course. The central points of the Bill are well founded. I am particularly impressed with the theme of reflecting the work of the Munro report and improving the capacity of social workers to use their own judgment, rather than simply rely on box ticking. That is an appropriate theme for the Bill and it explains why the regulatory structure introduced by the Bill will help. It is through such a regulatory system that the ability to make judgments will be made easier.

It is important for social workers to have a clear eye on what professional regulation is all about. The profession should be operating, of course, at arm’s length, which is usefully stressed in the Bill. A register of social workers makes a lot of sense, because one of the things that we must do is enhance professionalism in social work. That is where I have some difference with the Government, in that I think that ultimately we should have a professional body for social workers. The Education Select Committee made it clear in a recent report that it thought there was a strong case for such a body, and I think there is an appetite for that beyond the Chamber. I urge the Government to have an open mind, and I suggest that they continue to send signals that they would like a professional body to be established. I also think that an independent review of proceedings in five years’ time makes a huge amount of sense, because that is a realistic timescale.

There is, however, one area in which I think the Bill needs some additions, or at least some recognitions. Given that more than 70,000 children are effectively children of the state and that so many more children are subjected to sexual abuse, and given the historical sexual abuse that has taken place, our failure to place the issue of sex and relationships education front and centre is becoming increasingly obvious. The Government must embark on a full consultation to provide reassurance that something will be done about this most important matter. I ask the Minister to confirm that there will be a realistic and meaningful consultation on the introduction of statutory SRE.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

I am delighted that the hon. Gentleman has raised that point. May I ask him to back Labour amendments to make SRE part of the safeguarding of all children, so that we can finally ensure that we keep every young person in the country safe?

[Neil Carmichael]

To an extent, that will depend on what the amendments are, and whether the Government make it clear that they will organise a full consultation. However, I note what the hon. Lady has said, and I am sure that the Government have noted what I have just said. We need a full, meaningful and comprehensive consultation on this important matter.

Five Select Committee Chairs sent a letter to the Secretary of State. Obviously, I organised one of them. The others came from the Business, Energy and Industrial Strategy Committee—Members may well ask what it has to do with SRE, and I can explain if they wish me to—the Women and Equalities Committee, the Health Committee, and the Home Affairs Committee. All those Committees effectively said precisely the same thing: we need SRE to be introduced statutorily in our schools.

Finally, I want to say something about latitude for local government. The Select Committee did some work relating to children in care, particularly those with mental health difficulties. When we went to Trafford, it was strikingly obvious to us that through co-operation with other agencies, coterminous structures and strong leadership, the council was delivering outstanding results. Its ability to benefit from strategic leadership at the top end, operational leadership within the structures themselves, and a coterminous relationship not only with its own organisations and related agencies but with the police force was clearly extraordinarily beneficial for working practices and the way in which decisions were made and responses given on issues connected with children in care and children at risk. Therefore, the Government are right to move towards giving local government more latitude in the way it formulates its structures to deliver outcomes.

In short, there is a lot to be said for the Bill. It is critical that we acknowledge that some form of professional body will be good for social workers and social work generally. The absence of SRE is a pity. It is important, however, that the Government give the firm commitment I have asked for. Generally speaking, the Government are going in the right direction on local government.

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[Stella Creasy (Walthamstow) (Lab/Co-op)]

It is a true pleasure to follow the hon. Member for East Worthing and Shoreham (Tim Loughton) and his detailed, precise and, some might say, exhaustive analysis of the Bill before us. I think I can speak for all Labour Members in saying that we share many of the concerns that he outlined about getting right the legislation on how we protect young people in our country. I associate myself with the excellent introduction by my hon. Friend the Member for Ashton-under-Lyne (Angela Rayner) in which she raised Labour Members’ concerns about the Bill while recognising that many parts are welcome and could take us forward. We share the wish across the House to provide the best safeguarding for all children.

I see this Bill as being about how we best support our children in an imperfect world—a world that we are all painfully aware of through our casework and work within our communities. That is why we all share the concern expressed by the hon. Member for East Worthing and Shoreham about the importance of partnership working—in particular, working with professionals. Many of us will have dealt with cases where we are acutely aware that we are not professionals but wish to help, and where the guidance of social workers with years of experience in complex and delicate matters has been of vital assistance to us. We therefore recognise that not involving them in this conversation may take us backwards rather than forwards as a country. Some of us have real concerns about what will replace the local safeguarding boards, and how we make sure that the multi-partnership work that has worked in some parts of the country and led to some significant changes is not lost in the process of recognising where change is needed.

In a wish not to indulge one of the customs of this House where the same thing is said several times, let me try to offer the Minister some ideas about things that I believe are missing from the Bill. I hope that we will find cross-party consensus in adding to it. One of those things, as well as a concern to avoid any suggestion of privatising such a delicate and important service, is to make sure that in talking about safeguarding we involve the concept of prevention, particularly the idea of acting earlier within the system to make sure that children are protected. I am particularly drawn to clause 16, which talks about the safeguarding and promotion of welfare of all children, and the role that local authorities might play in that.

Bearing in mind the comments of the Minister, who is sadly no longer in his place, about ensuring that a robust safeguarding system is in place, I wish to let him know that I will table amendments to bring in one of the most crucial parts of safeguarding we have yet to get right—sex and relationships education for all young people. We cannot say that we safeguard our children when we make sure that they are taught about composting but not consent. Many of us may have stories of our own sex and relationships education. I might have feared that I was forever scarred by having once fallen asleep in a classroom only to be awoken by somebody waving a female condom in my face. However, it is no laughing matter. Many of us are acutely aware of the many pressures on our young people that we need to be able to address, and, crucially, in a positive and inclusive manner. All parents will tell us that they are concerned about the world today. In a former lifetime, I was a youth worker, and we used to say that we had all been 15-year-olds but none of us had been 15-year-olds in today’s world. I am incredibly grateful, for a start, that Facebook was not around when I was at school. One third of young girls in this country report being sexually harassed at school. Three quarters of girls in a Girlguiding survey said that they were anxious about sexual harassment in their age group, and 5,500 sexual offences, including 600 rapes, were recorded in UK schools over the past three years alone.

I say that not to make parents fearful, but to ask what we can do to make sure that every young person in this country has the tools and the confidence to lead the lives that we would all wish for them, and to be able to know when no means no and yes means yes. That is why it is important that we do not let it become the internet that educates our young people or the playground that tells them what passes for acceptable sexual conduct, but that we give every young person the kind of training that we would want for our own children.

That is not a critique of parents. Indeed, many parents work very hard to make sure that their children have good ideas about sex and relationships education. We need to recognise that parents can only ever be 50% of the answer, because this is also about the other children that children will meet. Giving every child good sex and relationships education should be considered part of safeguarding, because it will make sure that every young person, whoever they come into contact with, has the skills and the tools to lead the life that they wish to lead and to deal with the modern world as it is, not as some might wish it to be.

I know that Members across the House will support that proposal. I am mindful of the support of the Select Committee Chairs, one of whom—the right hon. Member for Basingstoke (Mrs Miller)—is in her place. I was taken by her Committee’s report, but this is not just about the Women and Equalities Committee: the Select Committees on Home Affairs, Education, Health, and Business, Energy and Industrial Strategy all agree that now is the time to make sure that every child is given access to good sex and relationships education.

[Mr Burrowes]

The hon. Lady has prayed in aid the Home Affairs Committee. I think that she is referring to the previous Chair, the right hon. Member for Leicester East (Keith Vaz), who signed up to a letter, but he did not do so on behalf of the Committee. As a member of that Committee, I did not support it. I certainly support proposals for high-quality sex and relationships education. There are ways of achieving that, not least through building resilience and supporting families, which is what the Bill is about. We can do that in lots of ways, not just the path suggested by the hon. Lady. I ask her to please acknowledge that there is significant opposition to her proposal.

[Stella Creasy]

I thank the hon. Gentleman for his comments, but I hope that we will be able to change his mind during our discussion. We have been having this debate for some time, and I tell him plainly that the young people of Britain are crying out for this kind of education. Time and again they say, “Ignorance is not bliss; confidence is what we want.” It is not about replacing parents; it is about supporting them and making sure that young people, wherever they are, have the right environment. It is too important not to listen to our young people when they ask for this kind of education to be done in an age-appropriate fashion in their schools. Now is the time to get it right. Select Committee Chairs acknowledge that, and, although the hon. Gentleman did not support the letter, I believe that many do. It is right that we have this debate and I hope that we can allay those fears, because the consequence of not doing so is to leave young people at risk, and I do not think that that is acceptable in the 21st century.

I agreed with the Secretary of State for Education when she said that she was minded to see this happen and that she wanted to consider all the options, and I believe that this Bill is the right way to do it. There were discussions about doing it as part of the proposed education Bill, but that has stalled, for whatever reason. The matter is too important to delay any longer. That means using this legislative opportunity to acknowledge that, in order to safeguard every young person, they need to be taught about consent—not just the biology of sex, but how to have positive, equal and safe relationships. The honest truth is that that is not happening for too many of our young people and we are seeing the consequences.

I will ask the Government to make sure that that work is part of safeguarding at a local level; that schools are given the guidance to make it available to every young person in an age-appropriate and inclusive way; that they work with communities; and, above all, that they do not simply consult, but set a timetable, because for too long our young people have been asking us to get this right, and for too long their voice has not been heard.

The hon. Member for Stroud (Neil Carmichael) is no longer in his place, but I hope that there will be cross-party support for amendments that I will table on this subject. I will certainly seek that support, and I know that many Labour Members—including, I suspect, the Front-Bench team—will support those amendments. I would be happy to sit down with Ministers and look at how we can make these proposals work, because I do not think that any of us can be happy with the situation that obtains. There is general agreement that this needs to happen, and yet there is no legislation to make it happen. We are failing our young people if we keep kicking this issue into the long grass.

I hope that I can convince the Minister that there will be cross-party support on another area as well. Although the hon. Member for Enfield, Southgate (Mr Burrowes) is yet to be convinced about the case for the changes I have just outlined, I hope that he will be convinced to back the amendments that I will propose on child refugees. He and I were certainly on the same side when it came to supporting the young people left in Calais. I acknowledge the Minister’s statement about safeguarding child refugees and recognising the importance of extending safeguarding proposals to our young people. However, I believe that his statement was undermined by the guidance that was issued by the Home Office at the same time. The Minister’s statement caused the noble Lord Dubs—a tremendous champion of our child refugees—to withdraw his amendment to this very Bill about this very matter. That amendment was withdrawn on the basis that there was good will across the House about making sure that we safeguarded child refugees, including during the process of transferring them from overseas to the UK.

[Catherine West]

I congratulate my hon. Friend on her outstanding work on unaccompanied asylum seekers, who are often voiceless. Does she think that enough is being done to provide post-trauma and post-traumatic stress counselling for those children, who have seen things that are quite unimaginably horrible?

[Stella Creasy]

My hon. Friend raises an incredibly important point. Counselling should be part of the safeguarding process.

Many of us who deal with these young people are concerned about the fact that many of them are still in France, precisely because of the guidance issued by the Home Office, which set out a two-step process and specified that nationality would be one of the criteria for helping child refugees—ahead of their best interests. It cannot be in the best interests of a child to put nationality before need, and I hope that the Minister will recognise that the detail in his statement of 1 November is undermined by such a strategy. It is right that we clarify in amendments to the Bill that the country will always put the best interests of a child first, and that includes child refugees.

[Mr Burrowes]

I was with the hon. Lady on the Dubs II amendment. Perhaps the link with her proposed amendments is that we can agree on the outcomes, but the question is how we achieve them. If we will the ends, is a prescribed piece of statute needed or are there other means to achieve what we want? We will debate amendments about SRE at a later stage, but the issue with her proposals about safeguarding is the practical implementation. We saw with the Dubs amendment that we need to pay careful attention to practical implementation. Prescribed legislation is not always required, but we need to hold the Minister to account and ensure that he stays true to the good words in his statement.

[Stella Creasy]

I thank the hon. Gentleman for that point. I agree with much of what he has said about the difference between having to prescribe, and recognising locally led solutions. However, I disagree with him fundamentally on both points for precisely the reason that he is putting out. The outcomes that are being achieved are not what we desired; they are not the will of this place. The desired outcome in sex and relationships education is not being achieved at a local level because there is no clarity about what schools should be teaching, so too many young people are not getting the appropriate support. Even with the best will in the world and the best parenting, unless we wrap those children up in cotton wool, the other young people they meet may present a risk to them.

So, too, with child refugees. Sadly, with the Dubs amendments, good will has slowly ebbed away in this place when the implementation has not matched the outcome that we desired. Nowhere is that clearer than when the Government try to say that nationality is more important than need. Many of us were delighted by the statement that the Minister made on 1 November, and then we were horrified to read the Home Office guidance, which seemed to stand against the spirit of the statement. I believe it is necessary to clarify that we must always act in the best interests of those children, just as Lord Dubs sought to act in their best interests when he tabled his original amendment.

The hon. Member for Enfield, Southgate will know the battle that we have had throughout proceedings on the legislation. As difficult and uncomfortable as some of the debates may be, and although some people may have concerns about child refugees, we must surely all want to act in their best interests. I am sorry to have to tell the Minister that some of the Government’s conduct has led many of us to believe that amendments are necessary. I will seek support from across the House to make this happen so that we can put the matter beyond doubt, because, sadly, the guidance from the Home Office does cast doubt on it.

I do not wish to echo the hon. Member for East Worthing and Shoreham in terms of length—not to undermine anything he said—but through my proposals I am looking forward to being part of the legislative process. I am looking forward to scrutinising the Bill. I am looking forward to seeking cross-party agreement on these issues, because all of us in this House recognise that protecting children is one of the most important jobs we do. There may be disagreements about how to get there, but we do have to get there. We cannot avoid these issues any more. Whether it is our young people facing an uncertain world or the young people stuck in child centres in France right now, we have a responsibility for all of them, just as we have a responsibility for children through our corporate parenting rules. I hope that the Minister will listen and respond on all these issues. I am happy to meet him, as I am sure are many others, but we will not rest until this is resolved.

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[Mrs Miller]

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

[Stella Creasy]

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

[Mrs Miller]

I thank the hon. Lady for her helpful intervention.

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

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

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

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

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

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

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[The Minister for Vulnerable Children and Families (Edward Timpson)]

I begin by thanking hon. Members for their enthusiastic engagement with the issues at the heart of the Bill. We all share a commitment to improving the lives of our most vulnerable children, and that has been demonstrated by the energy shown throughout this debate. As we enter Committee, I look forward to exploring in much more detail aspects of the Bill that have been raised today.

As the Minister for School Standards set out in opening the debate, protecting our most vulnerable children and giving them the care and support they need to thrive is one of the Government’s most important responsibilities. The children who need support from social care services have often faced challenges that most of us can only ever imagine. They have disabilities, they have faced abuse and neglect, or they have been let down time and again by the people who are supposed to love and protect them. They may be being exploited by perpetrators preying on their vulnerability. Children’s social care professionals deal with these highly complex and demanding challenges every day. They step up and take on responsibility for protecting our vulnerable children.

In my time as children’s Minister, as a family barrister and as a foster sibling, I have often been inspired by stories of children whose lives are transformed by social workers, foster carers, residential care staff, adopters and others. These people epitomise the compassion and deep desire in our society to help others, without which we, and our children, would be so much the poorer.

The Bill we are debating today is a critical part of creating a children’s social care system that enables those people to do the very best job possible for our children. It builds on the Children and Families Act 2014 and takes forward important measures from our overall strategy “Putting children first”—a strategy that I think represents the most fundamental reforms to the system in a generation.

The Bill places the interests of vulnerable children right at the heart of the social care system. It defines what good corporate parenting looks like, and secures the involvement of the whole council in looking out for children in or leaving its care. It requires every local area to set out exactly what support it is offering care leavers, and extends the help of a personal adviser to all care leavers up to the age of 25. It introduces improved national arrangements for analysing serious incidents and learning from them, and strengthened arrangements for local multi-agency co-ordination of safeguarding.

The Bill extends educational support to children leaving care via adoption or special guardianship. It creates the conditions for good placement decisions to be made for children coming into the care system, by ensuring that the child’s long-term needs and the impact of the harm they have suffered are properly considered. Furthermore, it introduces a new, bespoke regulator for social work, Social Work England—an organisation that will be empowered to raise standards in social work and raise the status of that vital profession.

Members have raised a multitude of important points in today’s debate, and I will do my very best to respond to them without detaining the House longer than would be deemed acceptable. I am grateful for the constructive engagement of Members, and want to work together to move forward with these legislative provisions, which have huge potential to improve the life chances of the children we all care so deeply about.

The hon. Member for Ashton-under-Lyne (Angela Rayner), the shadow Secretary of State, asked where our comprehensive strategy for all children in care was. We have it: it is the “Putting children first” document, and I urge her to refresh her memory of that all-encompassing strategy for children in care, which goes through to 2020.

The hon. Lady asked about spending on children’s services. It is right to say that the pattern of inspection outcomes is not about how deprived an area is, the local geography or even the amount of money being spent on children’s social care. Some of the local authorities judged inadequate by Ofsted this year were among the highest spending, while higher performers were found to spend their money more effectively, investing in the best services and bringing costs down. The key here is identifying where investment makes a difference, and spreading knowledge and practice about what works.

The hon. Lady asked about the local offer and about what guidance there would be for local authorities. The legislation already sets out the areas where local authorities should provide support: health and well being, education and training, employment, accommodation, participation in society, and relationships. We expect a wide range of services to be covered, from relevant universal health provision, to careers advice, to specific financial support, which care leavers can access and will benefit from. We have also developed a prototype local offer that sets out the areas we expect local authorities to consider and that provides examples of more specific support a local authority may choose to offer, and I am happy to share that with the hon. Lady so that she can scrutinise it in more detail.

The hon. Lady asked about the independence of the new regulator—Social Work England. The Bill makes it clear that Social Work England will be a separate legal entity, with its own staff and set of responsibilities as a non-departmental public body. The Government have always been clear that they have no intention to make decisions about individual social workers, and that is reflected in the legislation.

The Chair of the Education Committee, my hon. Friend the Member for Stroud (Neil Carmichael), made some central points about the foundations of the Bill, which he welcomed, and that included the regulatory changes. He raised the issue of a professional body for social work, and I agree that it is absolutely important for the profession to have a strong body to represent it, to provide support and guidance, and to help it develop its own practice. I set out at the national children and adult social services conference a few weeks ago exactly how I want to work with the profession to make sure we come up with the right solution. We have tried a whole host of different ways of making these things work, and we now need to go further to make sure we have something that will endure long into the future.

My hon. Friend alluded to Trafford, one of the outstanding care-leaving services in England, and to the virtue of its having strong leadership. I agree with him, and I have been hugely impressed by the work that has been done there by Mark Riddell and his team. There is a lot they can show others in terms of what works.

The hon. Member for Motherwell and Wishaw (Marion Fellows) told us to look at the work in Scotland. I am always happy to look at the Scottish perspective. As ever, I invite her to look at what we are doing in England, too. She said Scotland has children at the heart of the system; so do we—if she looks at the “Putting children first” strategy document, she will see that. Although Scotland may lead the way in some areas, we lead the way in others—Staying Put being a good example.

The hon. Lady asked why local authorities are only to “have regard to” corporate parenting principles. The reason for that is that the local authority is the corporate parent and is legally responsible for looked-after children and care leavers. We believe that maintaining this clear accountability is right. There is an existing duty under section 10 of the Children Act 2004 in terms of who the key partners are, and they include health, police, education services and others. The intention is that the provisions will help to improve the response in terms of them carrying out the duties they already have set out in legislation.

The hon. Lady asked about the Government’s commitment to the UN convention on the rights of the child. The Government remain fully committed to protecting children’s rights and to the UNCRC. We have considered the concluding observations of the UN Committee on the Rights of the Child, and we responded through the written ministerial statement published in October and through the permanent secretary’s letter to his counterparts across Government. The Bill is an example of how we constantly seek to not only protect children’s rights but enhance them. A full child rights impact assessment was conducted during the development of the Bill. There was considerable debate in the Lords on this issue, and we recently reaffirmed our commitment, through the written ministerial statement, to reinforcing the message of the importance of the UNCRC across every Department and to making sure there is a proactive approach to considering children’s rights in policy making.

I will do my utmost to address all the points raised by my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton). I do join him and my hon. Friend the Member for Portsmouth South (Mrs Drummond) in praising the incredible work and dedication of our social work workforce—something that was reiterated by the hon. Member for South Shields (Mrs Lewell-Buck). Children’s and adults’ social workers do a fantastic job, which is so difficult, day in, day out.

I agree that the administrative burdens on social workers—sitting in front of computers filling in forms—has hampered much of the progress of social work. I have read on several occasions the report, “No More Blame Game”, which my hon. Friend the Member for East Worthing and Shoreham was instrumental in producing. The whole purpose of the changes we are making to the serious case review process is to get away from pointing the finger and to look at where things have gone wrong, why they have gone wrong and how we make sure that it does not happen again in future.

My hon. Friend set out some of the highlights of the Government’s reform programme in children’s social care over the past six years, mentioning Staying Put as one of those. I can inform him that there has been an exceptional response to this, with 54% of 18-year-olds, 30% of 19-year-olds and 16% of 20-year-olds now choosing to stay put. Of course, however, we keep the mechanism under review to ensure that it will continue to benefit more children and young people in future.

My hon. Friend talked about some of the deficiencies in the system, including in sharing best practice. Again, I agree. That is why we are setting up a What Works centre for children’s social care that will build a robust evidence base, and disseminate learning about what does and does not work in children’s social care practice, in order to help local practitioners and commissioners to employ the most cost-effective front-line practices to support children. Crucially, it will work closely with the child safeguarding practice review panel to ensure that practice developments identified through reviews are also widely disseminated.

On adoption, I share my hon. Friend’s pride in the work of this Government to try to improve the adoption process for prospective adopters and, crucially, for children. The number of children being adopted has risen to over 5,000 per year, and they are being adopted more quickly. On the back of the Re B-S judgment, however, there has been a disappointing fall in those numbers, and we are seeking to do all we can to address that so that we do not lose the ground that we made up in the early years of this Government. Over 10,000 families have benefited directly from the adoption support fund, which was also mentioned by my right hon. Friend the Member for Basingstoke (Mrs Miller). Although we reluctantly had to put in a fair access limit in the short term to enable more families, where at all possible, to benefit from the fund, we want to try to find a sustainable solution so that we can continue this support in the long term. I am happy to meet my right hon. Friend to look at the particular case she raised, as it may exemplify some of the wider issues we need to look at in getting the decision right.

My hon. Friend the Member for East Worthing and Shoreham asked whether the corporate parenting principles are additional to section 23 of the Children Act 1989. This is not about trying to put new duties on local authorities, as the duties are already very clearly set out. We are trying to engender a whole-council approach with councils taking responsibility for children and their care, and having regard to the principles in any decisions they make on their behalf.

Although we are extending the use of personal advisers, I concur with my hon. Friend that there is a whole range of quality and access for care leavers to personal advisers. That is why we are conducting a review of both those issues to make sure that the scope of what a personal adviser is there to do, and the types of people who become personal advisers, together with the training that they get, really matches the needs of care leavers in the way that they have told us they desperately want.

My hon. Friend raised some drafting issues and details around the additional support for education of children in care. I will look at that carefully, and I am sure we will address those issues in Committee.

On serious case reviews, I could not agree more with my hon. Friend about the need for transparency. We worked hard in opposition on the issue of their publication. I remember substituting for him on “Newsnight” to talk about this very subject. We now need to make sure that the new system reflects this important element of an approach that will provide us with a shining light on where practice has fallen short.

My hon. Friend asked about active participation in new local safeguarding arrangements, including financial contributions. That is an important part of the new system and we will set out in more detail, in guidance, how we expect to engender such an approach. He also made a clear pitch for where we should go next with the power to innovate. I will talk about that at the end of my speech.

My hon. Friend the Member for Enfield, Southgate (Mr Burrowes) asked about cases of mothers who have repeat pregnancies. He should know that we will spend a total of about £11 million until 2020 on the Pause project, which has been extremely successful in trying to break that cycle, helping mothers find a different path through their lives and reducing the number of children coming into the care system.

The hon. Member for Walthamstow (Stella Creasy) talked about the need to concentrate on prevention, which has to be at the heart of any decision about where money should be spent and where policy should be moving to. A number of other hon. Members also talked about sex and relationships education, and I will come to that subject towards the end of my speech.

On child refugees, the hon. Lady referred to my written statement on the safeguarding strategy across Government. I am grateful for her support for it, but she queried how it sits alongside the Home Office guidance. I will look carefully at what she has said and talk to Home Office Ministers. The Home Office has published guidance setting out the eligibility criteria for children to be transferred to the UK from Calais. Those criteria are: all children aged 12 or under; all children referred to us by the French authorities who are assessed as being at high risk of sexual exploitation; and those nationalities most likely to qualify for refugee status in the UK aged 15 or under. As the Dubs amendment makes clear, children transferred should be refugees, and the best interests of the child are also established in every case as part of the process. The hon. Lady will appreciate that we have to have a method to ensure that those children who are at greatest risk are prioritised. I am happy to discuss the matter further with her, in conjunction with my colleagues at the Home Office.

[Stella Creasy]

Does the Minister acknowledge that that guidance explicitly sets out nationality before the best interests of the child and, further, that it identifies particular nationalities, thereby ignoring, for example, the Oromo and Afghan children who are currently in France, a third of whom have now gone missing because of the gap that it has caused? I appreciate the Minister’s offer to look carefully at the situation, but will he look at it speedily as well, because we are very worried about those children in the run-up to Christmas and the cold in France?

[Edward Timpson]

I am happy to do that. Like the hon. Lady, I do not want to create conditions that are counterproductive to our shared mission. I will make sure that acknowledgment of the further work that needs to be done is as rapid as possible and that we progress in a way that does not create more difficulties, but that brings about positive solutions.

My right hon. Friend the Member for Basingstoke mentioned the adoption case in her constituency. I am happy to discuss that further with her. We need to move to a more sustainable approach, but the adoption support fund has shown that there was a real need for that additional therapeutic support. As the Minister with responsibility for children, I am committed to doing what we can to continue to do that into the future.

My hon. Friend the Member for Rochester and Strood (Kelly Tolhurst) spoke of her enduring experience of many issues touched on by the Bill. In particular, she raised delays in the adoption process, and I agree with much of what she said. She will be pleased to know that the average time that it takes for a child to get through the adoption system has reduced to 18 months—a reduction of four months from its peak—but more work needs to be done, because every month that goes by is one that the child will never get back. More children are receiving that adoption support and I know that my hon. Friend will ensure that that message gets through to families in her own area who may not yet realise that it is available. She was also clear that the new provisions for care leavers are a major step forward, but I acknowledge that we need to make sure that social workers and personal advisers have the necessary tools to make the most of those changes.

I am grateful for the support of my hon. Friend the Member for Portsmouth South for our measures to improve the support for care leavers. She raised the issue of a national offer. I have met the relevant Minister at the Department for Work and Pensions to see what further practical action we can take, and I will be able to allude to that in more detail in Committee. I take her point on social worker training, which is very much behind the work that we are doing on the assessment and accreditation process to make sure that we raise standards in social work wherever possible.

The hon. Member for South Shields and I get on very well, but I agreed with very little of what she had to offer this afternoon. She questioned the value that we place on the experience and expertise of social workers, but I have to say to her that that is exactly what this Bill is about. I ask her to look more widely at the work that the Government are doing, such as the innovation programme, where we have already spent more than £100 million. That money has gone directly to local authorities to test new ways of working, and there will be another £200 million up to 2020. That £300 million of value has been put directly into improving children’s services.

When the hon. Lady started her speech, I felt as though she was determined to try to turn the debate into some sort of ideological struggle on many of the issues. I do not think she wanted to do that, but we seemed to be moving in that direction. I understand her desire to oppose and to be seen to oppose, but I hope that when we get into Committee, we can have a constructive debate about what is in the Bill and how it fits into the wider Government programme. I do not doubt that we have a shared desire to improve outcomes for vulnerable children. I have a pragmatic streak running through me; I am not some ideologue who will sit here and create a wall of noise. I want to hear the hon. Lady’s argument, but I want her to hear mine, too.

The hon. Lady raised the LaingBuisson report, but I note that she failed to share with the House the official Government response to that report, which states that

“we disagree with the option in the report relating to the privatisation of children’s social care services and we will not be implementing this option.”

We could not be clearer about our position.

I want briefly to talk about the power to innovate, which has generated the most debate. Several hon. Members have raised questions about the power to innovate, a provision that was removed from the Bill in the other place, and which my hon. Friend the Minister for School Standards referred to at the opening of the debate. We intend to revisit those powers, because of the important role that they stand to play in improving the quality of children’s social care. I am grateful to my right hon. Friend the Member for Basingstoke for her support in explaining that new ways of working are a means of driving improvement in practice.

Whenever I visit local authorities and speak to front-line social workers—I am obviously not meeting the same ones as the hon. Member for South Shields—I am always struck by the passion, energy and dedication that they bring to their work. Too often, though, I leave with a message that, rather than helping them in their task, the structures and processes that we have put in place prevent social workers from using their professional judgement to truly respond to the needs of the children they look after.

As Professor Eileen Munro’s landmark review of child protection told us, over-regulation can get in the way of social workers’ ability to put children first. The power will address that challenge, and it is being called for by local authorities around the country. It will give councils the ability to test new ways of working that are designed to improve outcomes for children in a safe and controlled environment, where the impact of removing a specific requirement can be measured and evaluated carefully.

That is not to say that important points have not been raised in the House and in the other place. I have considered them all carefully and I will continue to do so, and I will bring back a power with significant changes and additional safeguards that will, I hope, provide the reassurances that have been requested.

I want to be clear: we do not want to privatise protection services for children. We will not privatise child protection services. There are already clear legislative restrictions on the outsourcing of children’s social care functions, and it was never our intention to use the power to innovate to revisit those. To put that beyond doubt, however, we tabled clarificatory amendments in the other place.

Neither will we remove fundamental rights or protections from children. Our aim is to strengthen, not to weaken, protections. My mission—since entering this House and before—has always been to improve the lives of vulnerable children. It is our job as a Government to create the conditions in which excellent practice can flourish. I am convinced that with proper safeguards in place, the ability to pilot new approaches will, in the long term, allow this House to enact more effective, evidence-based legislation and drive wider improvement for our most innovative practitioners and services across the system.

I agreed with Professor Eileen Munro when she said:

“I welcome the introduction of the power to innovate set out in the Children and Social Work Bill. This is a critical part of the journey set out in my Independent Review of Child Protection towards a child welfare system that reflects the complexity and diversity of children’s needs.

Trusting professionals to use their judgement rather than be forced to follow unnecessary legal rules will help ensure children get the help they need, when they need it. Testing innovation in a controlled way to establish the consequences of the change…is a sensible and proportionate way forward.”

I ask hon. Members, before casting a final judgment on the power to innovate, to consider the amendments that we intend to table, which I believe provide that “sensible and proportionate” approach, built on the clear and single purpose of improving the outcomes of vulnerable children.

Finally, my right hon. Friend the Member for Basingstoke, my hon. Friend the Member for Stroud and the hon. Member for Walthamstow spoke powerfully about sex and relationships education. I, too, recognise its importance. Of course, the Government already issue statutory guidance on the teaching of sex and relationships, and have made funding available to improve the quality of that teaching. However, I have heard the call to go further in this area to build the resilience and confidence of children and young people in tackling what the modern world throws at them, not least online. This is, of course, a topic on which there are many, and strongly held, views and it will be important to look at those in the round, not least because PSHE and SRE are inextricably linked.

This matter is a priority for the Secretary of State, so I have already asked officials to advise me further on it, but I will ask them to accelerate that work so that I can report on our conclusions at a later point in the Bill’s passage, when everyone in the House will be able to look at them and have their say.

I am sure that these reflections only start to do justice to the range of important issues we have debated here today. I look forward to picking up these matters in greater detail as the Bill moves into Committee. I see the contents of the Children and Social Work Bill as a major step forward in making sure that our most vulnerable children get the levels of support, protection and opportunity that any of us would want for our own children. I welcome the debate and challenge we have engaged in this afternoon—it helps to maintain the momentum behind what is a shared endeavour across these Houses. We are all united in our commitment to improving the lives of our most vulnerable children. Please let me leave the House in no doubt that I recognise and accept the challenges we face. This Government are more determined than ever to rise to those challenges, with our clear and ambitious plan for fundamentally reforming the system. Our vulnerable children deserve no less. I commend the Bill to the House.

Question put and agreed to.

Bill accordingly read a Second time.

Children and Social Work Bill [Lords] (Programme)

Motion made, and Question put forthwith (Standing Order No. 83A(7)),

That the following provisions shall apply to the Children and Social Work Bill [Lords]:

Committal

(1) The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

(2) Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Tuesday 17 January 2017.

(3) The Public Bill Committee shall have leave to sit twice on the first day on which it meets.

Proceedings on Consideration and up to and including Third Reading

(4) Proceedings on Consideration and proceedings in legislative grand committee shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

(5) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

(6) Standing Order No. 83B (Programming committees) shall not apply to proceedings on Consideration and up to and including Third Reading.

Other proceedings

(7) Any other proceedings on the Bill (including any proceedings on consideration of any message from the Lords) may be programmed.—(Andrew Griffiths.)

Question agreed to.

Children and Social Work Bill [Lords] (Money)

Question’s recommendation signified.

Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),

That, for the purposes of any Act resulting from the Children and Social Work Bill [Lords], it is expedient to authorise the payment out of money provided by Parliament of—

(1) any expenditure incurred under or by virtue of the Act by a Minister of the Crown, and

(2) any increase attributable to the Act in the sums payable under any other Act out of money so provided.—(Andrew Griffiths.)

Question agreed to.

Children and Social Work Bill [Lords] (Ways and Means)

Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),

That, for the purposes of any Act resulting from the Children and Social Work Bill [Lords], it is expedient to authorise the charging of fees.—(Andrew Griffiths.)

Question agreed to.

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

Stella Creasy Excerpts

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

[Mrs Lewell-Buck]

Amendment 26 and new clauses 13 and 16, which I shall speak to, also stand in my name.

A child’s transition from being in care to becoming a care leaver is a notoriously difficult process. Supporting care leavers by offering them the relevant information about services they can access is welcome. That, however, will not address the need for proactive support for all care leavers or ensure that they all have the advice and information they need. Without setting a national minimum standard for the local offer, the very real risk is of a patchwork of provision across the country, where children in one area are offered a different level of service from that offered in another.

The Minister knows what happened with his Department’s implementation of a local offer for children with special educational needs and disabilities, introduced under the Children and Families Act 2014; I hope he will tell us why he thinks that the offer for children leaving care will not develop in the same haphazard way. If an idea has failed once and is not working as it should, surely duplicating it is not the best way to proceed.

At the time, we welcomed the principle of the local offer for learners with special educational needs and disabilities. As we recognised, it is important that those learners and their families receive the information necessary to achieve the best possible outcomes. However, two years later we have seen the local offer in practice, and it has not achieved all that it should have. Frankly, because of the lack of a national framework, we have ended up with a postcode lottery—an inconsistent and sadly often inadequate provision has therefore developed across the country.

The fact that the Government have not looked at those issues and taken steps to ensure that the local offer for care leavers operates in a high-quality national framework simply suggests, perhaps, that they are willing to repeat the same old mistakes. I am in full agreement with the noble Lord Watson, who pushed for the amendment in another place. Having no common policy throughout the country is unacceptable. I argue again that the amendment is necessary. A minimum standard for the offer is needed, to serve as a framework, an undertaking, about the availability of services throughout the country.

The Minister will argue against the amendment, perhaps on the premise that the Government feel that they should not be deciding what is best for care leavers in their local area—that the local authorities and care leavers should decide themselves. That, however, is a straw-man argument. What we are asking for is simply a minimum standard so that whatever else is decided, there is a minimum level of protection for our most vulnerable children who are leaving care.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

I apologise to the Committee; I am afraid the Victoria line was not my friend this morning. I arrived as the shadow Minister was talking about corporate parenting and how the Bill is about what we should want for our own children. Surely my hon. Friend’s argument for a national minimum standard is exactly that; it is about the very basics that we would want for every single child because we would want it for our own child.

The risk of the Government’s approach is that, although there may be examples of good practice, there are also examples of poor practice. A national minimum standard would guard against that and protect every child as we would wish our own child to be protected.

[Mrs Lewell-Buck]

My hon. Friend is absolutely correct. We have seen that the implementation of the local offer for special educational needs and disabilities is just that: an inconsistent approach and a patchwork model across the country.

A minimum level would be a benchmark that could never be lowered but could always be built on and improved. Surely that is the gold standard that we would want for all our care leavers. There is no evidence that introducing a set of minimum standards limits innovation and creativity; it is a simply a failsafe level of care. It would give clarity to both the local authority and the care leaver on what they can and cannot expect.

Care leavers often say that they struggle with what they are or are not entitled to. This would give them absolute clarity and help them plan better for independence. In practice, I lost track of the number of times when I dealt with parents who were themselves former care leavers. I went through everything and told them what they had been entitled to and they did not have a clue. This would be a good way to avoid such situations at the outset. Children should know what they are entitled to. If there is a minimum standard, they will always know what to expect.

A minimum standard would ensure that services offered would not be withdrawn when budgets are further cut by central Government and would let the people we are discussing know that their local authority and other agencies in their area really do care about their future and are committed to it wholeheartedly. Leaving the local offer to each local authority would not achieve that. The Minister must agree that we cannot justify a single child leaving care failing to receive the information that they need.

Will the Minister explain how he will ensure that the local offer will be accessible to all care leavers, whatever their circumstances when they leave care? How will he ensure that every single local authority will provide a local offer that meets the standard necessary to ensure the best possible outcomes for care leavers? Will he be taking any additional steps to ensure that there is not simply another postcode lottery that will leave a vast number of vulnerable young people unable to access the resources and support that they need? We cannot allow discrepancies in the level of care of the scale that I spoke about earlier to continue. There is no other practical way to achieve that in a timely manner.

I move on to amendment 26. As I have said, leaving care is a difficult process. Care leavers are faced with a set of difficulties that other children their age simply do not face. Is that in part why the Government introduced the local offer for care leavers that I referred to?

It is astonishing that the Bill is devoid of any mention of unaccompanied asylum-seeking children. There are more than 3,000 such children in the UK care system. According to analysis of Home Office data, nearly all unaccompanied asylum-seeking children under 16 are fostered at some point. I assume that the Committee and others would think that when those children leave care they are entitled to the same support and assistance with their transition to independence as their peers—but they are not, despite being the most vulnerable of care leavers, having fled conflicts and horrors that most us can hardly begin to imagine.

--- Later in debate ---

[Mrs Lewell-Buck]

I shall come on to the absolute hash that the Home Office has made of the situation later in my comments.

After the children have been settled in placement for however long they have been in the UK, the rug is ripped out from underneath them as they reach 18 years old, when they must apply for extended leave to remain in the UK. The majority are turned down, so the place they understood to be their home is no longer their home. Worse still, the Home Office often does not get its act together and remove them, despite turning them down, so they disappear and are off the radar. The Government do not know how many care leavers are in that situation or where they have disappeared to, but it does not take long to guess that if someone is here illegally and is facing the fear of returning to their country of origin, they will go underground and be susceptible to exploitation, whether emotional, financial or sexual.

[Stella Creasy]

In our discussions of the Bill, we are going to come on to a number of conversations about how we treat child refugees, but the point my hon. Friend is making is simple: at the stroke of midnight on someone’s 18th birthday, they do not stop being a vulnerable young person. These are young people who we have accepted are vulnerable and should be cared for. The idea that we simply cut off all support at 18 simply does not accord with the principles behind much of the Bill. I hope that the Minister will listen to the case and think again about how we treat these young people. Someone’s turning 18 does not stop them from being a vulnerable young person.

[Mrs Lewell-Buck]

That is why a lot of support targeted at care leavers lasts until they are 25 years old. Someone does not stop being vulnerable simply because they have turned 18.

I was a member of the Immigration Bill Committee. I do not recall the experience with much fondness. In the consideration of that Bill, which is now an Act, those on the Labour Benches argued against what I am describing. We argued that the provisions in that Act that limit the support for care leavers subject to immigration control undermined children and leaving care legislation, and gave immigration control greater prominence over young people’s welfare.

--- Later in debate ---

[Mrs Lewell-Buck]

No, it is not; it is a “time will tell.”

I will not spend much longer on this new clause; it is quite straightforward. It asks that the Secretary of State carries out an annual review on access to apprenticeships and further and higher education, and takes into account some of the barriers that care leavers face around fees, grants and accommodation. We know that such problems have existed for care leavers for a very long time, so it is about time we got on, looked at that, and made policies around it.

New clause 16 seeks to improve care leavers’ transition to independence by proposing various changes to welfare and benefits that would offer much needed financial support at a critical juncture. Without financial support, it is likely that a lot of the Government’s intentions towards care leavers will not amount to any real tangible changes for children leaving care. The national offer for care leavers that I am proposing will ensure that the maximum sanction for care leavers under the age of 25 will be four weeks, in line with the current sanction regime for 16 and 17-year-olds. It will allow working care leavers under the age of 25 to claim working tax credit. It will extend the higher rate of the local housing allowance single room rate to care leavers up to the age of 25, delaying the transition to the lower shared accommodation rate that applies at 22 years. It will also amend the council tax regulations to exempt care leavers from that tax until the age of 25.

The Government’s document, “Keep On Caring”, which was published in July, states:

“Most care leavers who spoke to us talked about the problems they had making ends meet. Paying rent, Council Tax, household bills and transport costs meant that many care leavers had difficulty managing their finances and they had often experienced debt and arrears.”

Research by the Joseph Rowntree Foundation has shown that more than half of young people leaving care have difficulty managing their budgets and avoiding debt. Yet almost half of local authorities in England fail to offer adequate financial support and advice for care leavers. If local authorities are not able to help when a young care leaver needs help, where on earth are they supposed to go? Unlike many of us in this room, they have never had the option of turning to their parents, wider family, or family friends. Often, if the local authority does not help them, nobody does.

The way that the Government have applied sanctions has had a devastating effect on not only the sick and disabled, but care leavers. Between October 2013 and September 2015, 4,000 sanctions were imposed on care leavers. They are more likely to receive sanctions, and less likely to know where to go or how to appeal a decision made against them.

[Stella Creasy]

It is worth reflecting on that statistic in the context of my hon. Friend’s amendment. We are talking about care leavers being three times as likely to be sanctioned. If we go back to the principles she was talking about of corporate parenting and wanting the same—the best—for every child in care as we want for our own children, that suggests that those children are not getting the help that they need, and that they are also not getting financial education. There is clearly a particular issue about care leavers and the benefit system that we must address. The Bill is the ideal opportunity to do that and her amendment would fit into that metric. I hope that Government Members will think about that. Care leavers are three times more likely to be sanctioned, so clearly something is not working. We need to act.

[Mrs Lewell-Buck]

My hon. Friend is right. When I have spoken to care leavers who have been sanctioned, often they have not known that they have been sanctioned. What they will say is, “My money has been stopped.” They do not know where to go and they do not know what to do for help. They will sometimes bury their head in the sand, not realising that they could appeal the decision. It is therefore vital that we get it right for them.

For those who were able to get help, 60% of sanctions were overturned, which means that a high proportion of care leavers are having sanctions misapplied. I note Lord Nash’s wish in the other place for sanctions to be reduced, but I was alarmed when he showed concern that a reduction is sanctions towards care leavers might “unintentionally lower our aspirations” for them. When a care leaver has sanctions imposed through no fault of their own—often those sanctions are misapplied—I assure the Minister that their aspirations will not be anything if they cannot afford to heat their home or feed themselves, or if they end up without a roof over their head.

We also wish to make an amendment to extend working tax credit to care leavers under the age of 25. It is right that care leavers should be encouraged to engage in high-quality employment and training opportunities. However, they must be given better support to get into work and to be able to afford to work. Under the current system, only those with children or those who are disabled under the age of 25 can claim working tax credit. An assumption is built into the system that those under 25 on low incomes will be living at home with their family, where they will have access to the extra financial support that they need.

As we are all acutely aware, for care leavers, that it not the situation. It appears that the system penalises—some would even say it discriminates against—care leavers under the age of 25. Currently, care leavers in their first year of an apprenticeship could be earning as little as £3.40 an hour. I am interested to know why the Minister thinks that a young care leaver can manage to pay rent, council tax contributions and utility bills—let alone clothe and feed themselves—on such a meagre income.

For non-care leavers, restricting higher levels of support until 25 has some rationale, as under-25s often have a support network to help them. However, care leavers do not have that support network. It is not right that, when they fall into financial hardship, they suffer a shortfall in support compared with equivalent older workers, especially considering their ineligibility to receive the national living wage until they are 25.

It is estimated that the extension of working tax credit to care leavers under the age of 25 would cost a total of £27.8 million a year. Does the Minister recognise the huge strain of being liable for the full cost of running a household at a young age and the pressure that imposes on the finances of young care leavers? The payment of working tax credit to care leavers under 25 would be a significant step in closing that gap in provision.

--- Later in debate ---

[Mrs Lewell-Buck]

I am aware of that report, which makes heart-breaking reading. There are lots of reports out there about care leavers. Following up on the intervention by the hon. Member for North Dorset, I agree that some local authorities have done good things in this area, but there should not be a piecemeal approach; support should be offered to all care leavers across the board. Why should one care leaver in one authority have a different service from another one? Care leavers do not care about localism; they want their local authority to give them the same thing as their friends and other care leavers next door.

[Stella Creasy]

Dare I suggest that, if we are going to have a discussion about the core principles of our political movements, one of the core principles for me as a proud socialist is value for money? One of the concerns behind the amendment is exactly that. The hon. Member for North Dorset talks about localism, the cuts to local authorities budgets and the need to be parsimonious—some of us might use a different term—but we must recognise that if 60% of sanctions on care leavers are overturned on appeal, the system is not cost-effective. If we are looking at how we might make savings, treating those young people as we wish our own children to be treated, which is a common theme this morning and perhaps for the entire Bill, is not only the right thing to do morally but the most cost effective and therefore—dare I say it?—socialist thing to do.

[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.

--- Later in debate ---

Although I look ahead to the role of the review in Scotland, given that 85% of welfare spending is still reserved, it is important that the UK Government also look at the role they play in the provision of financial support.

[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—

[Michael Tomlinson]

Mid Dorset and North Poole.

[Stella Creasy]

How could I forget Mid Dorset! What a wonderful community. The hon. Gentleman will have seen even in Mid Dorset, as I see in Walthamstow, young people struggling to make sense of what rights and entitlements they have as they take that first step. They struggle even when they have their mum and dad with them to help, yet we are talking about young people who do not have that support. He is right to point to the Homelessness Reduction Bill as having such provision, but his case is to marry that with what we do in this Bill—that is exactly what the amendment would do. It simply states that we have to continue thinking about that group of young people needing a particular level of support because we can see their problems. The two are not contradictory; in fact, they are complementary.

I ask the hon. Member for Mid Dorset and North Poole to think about that. Perhaps in the lunch break he will make the case to the Minister that we should be looking at the financial support we give to our young people. The evidence tells us that our benefits system is not working for them, which is costing us money, and it is not joining up with other pieces of legislation. As a result, very vulnerable young people are being left at risk.

There are ways in which we can save money in the system and get a better outcome. The amendments are trying to get us there. I think that Government Members share the same objective. The question is this: if they will not accept the amendments on those three core principles, what would the standards be beyond which we will never let a young person fall? If we accept that a younger person is vulnerable, how do we ensure that we do not discriminate against them on the basis of nationality? How are we addressing the clear and obvious problems that our young people in care have with financial management, which manifests in how they deal with the benefits system, and comes from not having the safety net of mum and dad?

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

Stella Creasy Excerpts

Committee Debate: 2nd sitting: House of Commons
Tuesday 13th December 2016 Public Bill Committees

[The Chair]

I remind the Committee that with this we are discussing the following:

Amendment 26, in clause 2, page 3, line 20, at end insert—

“(e) unaccompanied asylum seeking children up to the point that they leave the United Kingdom”

This amendment introduces an additional definition for “care leavers”.

New clause 13—Review of access to education for care leavers

“(1) The Secretary of State must carry out an annual review on access for care leavers to—

(a) apprenticeships,

(b) further education, and

(c) higher education.

(2) The first review must take place by the end of the period of one year beginning with the day on which this Act is passed.

(3) A report produced following a review under sub-section (1) must include, in particular, an assessment of the impact of—

(a) fee waivers,

(b) grants, and

(c) reduced costs of accommodation.

The report must be made publicly available.”

New clause 16—National offer for care leavers

“(1) The Universal Credit Regulations 2013 are amended as follows—

(a) in regulation 102(2)—

(i) in paragraph (a) after “18 or over” insert “and paragraph (b) does not apply”;

(ii) in paragraph (b) after “16 or 17” insert “or is a care leaver within the meaning given by section 2 of the Children and Social Work Act 2016 and is under the age of 25”;

(b) in regulation 103(2)—

(i) in paragraph (a) after “18 or over” insert “and paragraph (b) does not apply”;

(ii) in paragraph (b) after “16 or 17” insert “or is a care leaver within the meaning given by section 2 of the Children and Social Work Act 2016 and is under the age of 25”;

(c) in regulation 104(2) after “18 or over” insert “and section (3) does not apply”.

(d) in regulation 104(3) after “16 or 17” insert “or is a care leaver within the meaning given by section 2 of the Children and Social Work Act 2016 and is under the age of 25”.

(2) The Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 are amended as follows—

(a) in regulation 4(1), Second Condition, after paragraph (b) insert—

“(c) is aged at least 18 and is a care leaver within the meaning given by section 2 of the Children and Social Work Act 2016, and is under the age of 25, and undertakes not less than 30 hours work per week.”

(3) The Housing Benefit Regulations 2009 are amended as follows—

(a) in regulation 2, in the definition of “young individual”, in each of paragraphs (b), (c), (d), (e) and (f), for “22 years” substitute “25 years”.

(4) The Local Government Finance Act 1992 is amended as follows—

(a) in section 6(4) (persons liable to pay council tax), after “etc)” insert “or 10A (care leavers)”;

(b) in Schedule 1 (persons disregarded for purposes of discount), after paragraph 10 insert—

“Care leavers

10A (1) A person shall be disregarded for the purposes of discount on a particular day if on the day the person is—

(a) a care leaver within the meaning given by section 2 of the Children and Social Work Act 2016; and

(b) under the age of 25.”

(5) The Council Tax (Exempt Dwellings) Order 1992 is amended as follows—

(a) in Article 3, Class N, after paragraph 1(b) insert—

“(c) occupied only by one or more care leavers within the meaning given by section 2 of the Children and Social Work Act 2016 who are under the age of 25.”

(6) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”

[Stella Creasy (Walthamstow) (Lab/Co-op)]

I will be brief; I am sure that over lunch Government Members have had a chance to contemplate the argument that I made. I am conscious that Opposition Members who have joined us might want to be reminded of them. There are three points that I want the Government to come back on if they are not going to accept our amendments. First, the idea of a basic minimum standard for care leavers. If we are not to have a minimum standard, how does the Minister intend to ensure that all care leavers are given a level of service that we can be proud of?

Secondly, on the Minister’s approach to dealing with young asylum seekers who are not part of this legislation at the moment, the amendment seeks to bring them in scope to make sure that they are given equal protection. As I said earlier, turning 18 does not stop someone being vulnerable overnight. Finally, how do we deal with the specific issue of financial management problems that many care leavers face, particularly the problems that are well documented in the benefits system? If the Minister does not intend to accept our amendments to support care leavers through the benefits system and to make sure that we recognise those problems and the cost to us of not recognising those problems, what plan does he have to address those issues? At this point, I shall let others take the debate forward.

[Tulip Siddiq (Hampstead and Kilburn) (Lab)]

I thank my hon. Friend the Member for Walthamstow for her passionate speech. Even though she was interrupted mid-flow, she has summed up very well. It will not come as a surprise to the Committee that I wholeheartedly endorse her speech and the amendment on the national minimum standard for care leavers. I want to point out that we cannot just rely on local authorities to make specific decisions, because there are different standards across the country for different local authorities, as I saw as a councillor before entering Parliament.

Various policy concerns can be addressed by introducing a national minimum standard, but I want to focus specifically on people’s mental health, especially that of vulnerable people leaving the care system. One early study of care leavers in England that I found interesting found evidence of a range of mental health problems for care leavers. One in five care leavers reported long-term mental health problems. Everyone here will be aware of the stigma surrounding mental health. One in five is probably not a true reflection of how many mental health problems there really were among care leavers, because some of them would not want to report problems for fear of being stigmatised.

The mental health problems that the care leavers spoke about included eating disorders, bipolar issues, depression and serious phobias that haunted them later in life. In addition, there were shocking statistics: a quarter of care leavers reported heavy drinking on a regular basis and two thirds admitted that they used drugs regularly. It is no surprise that many of the care leavers who spoke about their experiences said that their mental health problems originated in the life that they led before they, in a sense, entered adulthood. They said that a lot of their mental health problems came from the poor housing that they had experienced and the lack of finance and intimate relationships in their life.

The NSPCC rightly pointed out in its 2014 report that leaving care is an extended process rather than a single event, which I wholeheartedly agree with and which speaks to our amendment. Care leavers face the significant challenge of psychologically moving forward towards adulthood, often trying to make sense of their past life experiences. With the withdrawal of care services, support services and care placements, they have to test out the reliability of their network of friends and family. The shadow Minister has made the point over and over again that we should not have a postcode lottery when it comes to care and the future of care leavers. Nor should we have a lottery of personal circumstances, where those who are lucky have a network of family and friends to rely on, but those who are not often fall into either depression or a life they would not have wanted to lead.

The Opposition acknowledge that multiple changes to someone’s living circumstances will affect them, but change cuts across every aspect of the lives of care leavers; we need to be aware of that, because we are dealing with the most vulnerable people in society. Those changes relate to their finances, access to housing and search for jobs, and care leavers confront those challenges while experiencing a withdrawal of care placements and social support services as they turn 18.

I point to a few stats from the Children’s Society that I thought were particularly striking: 63% of care leavers entered the care system because of abuse or neglect, which is a figure that should put us all to shame; 50% of children in care had emotional and behavioural health that was considered normal, while 13% were borderline and 37% gave cause for concern. I am sure that everyone agrees that those statistics are worrying. They should trouble us all, and they should compel us to act in the interests of the nation.

National minimum standards will allow for a fairer system overall, for which the cost will be wholly outweighed by the benefit of ensuring that the most vulnerable people across the country are treated equally. I trust that Members across the House and from different parties will agree with that after hearing some of the shocking statistics that I have outlined.

--- Later in debate ---

[The Minister for Vulnerable Children and Families (Edward Timpson)]

I thank the hon. Member for South Shields for her amendments on clause 2, particularly about the local offer and care leavers. I am also grateful to her and to the hon. Members for Walthamstow and for Birmingham, Selly Oak for being generous in their reading of the motivation and spirit behind the clause.

Far from being relaxed about the outcomes for care leavers, I am as determined today as I was the first moment I set foot in this place to do all I can to improve their prospects. That is reflected in the fact that we have the Bill before us, as a product of what can be a difficult bargaining arena, with many other Departments wanting to get legislation before Parliament. Through that renewed effort—as well as the cajoling and persuasion needed—we managed to make this a key priority for the Government, which is why it has now come before the House for the necessary scrutiny.

This group of amendments would seek to provide additional support to care leavers. I do not hesitate to agree that these young people do need help and support, but I do not consider the amendments to be the best way to provide that additional support. I will respond to each amendment in turn to explain why.

Amendment 26 would extend the definition of care leavers to cover all unaccompanied asylum-seeking children up to the point when they leave the UK, in the event that their asylum application is not granted. I recognise that the amendment seeks to safeguard a particularly vulnerable group of young people. I assure the Committee that I appreciate the sentiment and desire behind that. We know that local authorities are now looking after increasing numbers of unaccompanied asylum-seeking children and supporting more care leavers who were formerly asylum-seeking children.

Bearing those points in mind, I want to make an important clarification. Most care leavers who were formerly unaccompanied asylum-seeking children have refugee status, humanitarian protection or another form of leave to remain or an outstanding human rights application or appeal. That means that they qualify, like any other care leaver, for the support under the Children Act 2004 care leaver provisions, to assist their transition into adulthood. In addition, they will benefit in the same way as other care leavers from the improvements to the framework contained in the Bill, including the local offer for care leavers.

It is only those leaving care whom the courts have determined do not need humanitarian protection, who have exhausted all appeal routes and rights and subsequently have no lawful basis to remain in the UK, with the court having said there is no barrier to their removal, who will need, in those circumstances, to be supported to return to their home country, where they can embark on building their lives and futures, with assistance from the Home Office in the form of financial and practical support. The Government believe that that is the right approach for that specific and clearly defined group, whose long-term future is not in this country but who need support and assistance before they leave.

[Stella Creasy]

rose—

[Edward Timpson]

The hon. Member for Walthamstow wants to intervene. I know she will be disappointed that that is the Government’s position, as it was on the Immigration Act 2016, but it is important to set out the very clear difference between the much larger group of care leavers who have not exhausted their appeal rights and those who have.

[Stella Creasy]

I simply ask the Minister whether he can clarify the difference between the description that he has just given and that in amendment 26, which states

“unaccompanied asylum seeking children up to the point that they leave the United Kingdom”.

That is exactly the group he is talking about. He seems to be making the same case as we are—these young people should get the relevant support and help that we are talking about.

[Edward Timpson]

I am explaining the current situation. As the law stands, the local authority will continue to provide the same care-leaving service for those children and young people until all their appeal rights have been exhausted. There will be a period following a decision during which every effort will be made to repatriate them to their country of origin. Of course, that will not happen immediately after the courts have made a final decision.

The local authority can, of course, continue to provide ongoing and further support in such circumstances, which may include the continuation of a foster placement or continuing support from a personal adviser, where it considers that appropriate. The Department for Education and the Home Office will continue to work with local authorities and relevant non-governmental organisations on the development of the regulations and guidance required to implement the new arrangements for support set out in the Immigration Act 2016. Those regulations will be made under provisions that will be subject, in due course, to debate and approval in both Houses of Parliament under the affirmative procedure, which I suspect will be the forum for Opposition Members to continue pressing on the issue. I have set out the Government’s position and the rationale behind it.

New clause 13 would require the Secretary of State to undertake an annual review of care leavers’ access to education. I reassure the Committee that we already publish such information, and I will set out the measures we have already taken to better support care leavers into education, employment and training. As the hon. Member for South Shields said, the high proportion of care leavers who are not in education, employment or training is a long-standing problem.

Of course, there are many reasons for the NEET rate being higher for care leavers than for young people in the general population, not least the impact of pre-care experiences. That is why, earlier this year, we published “Keep on Caring,” our new cross-Government care leaver strategy. One of the five outcomes we set out in the strategy is to improve care leavers’

“access to education, training and employment”.

A number of new measures were announced in the strategy that are designed to turn that ambition into reality, including: a commitment to provide funding for a new approach to helping care leavers into education, employment and training by using social investments to fund “payment by results” contracts that reward providers only when care leavers achieve positive outcomes; and a pilot work placement programme to provide care leavers with opportunities to work in central Government Departments.

Care leavers have already been recruited to work in the Department for Education, the Department of Health and the Department for Work and Pensions. Indeed, a new member of my private office is a care leaver, and she has been a fantastic acquisition for the team. Through our new care leaver covenant, we are also encouraging organisations from across society to offer work opportunities to care leavers and to work specifically with FE and HE providers to set out a clear offer of support for care leavers studying in further and higher education.

Financial support is also already provided to care leavers in education. Where care leavers are in higher education, there is a duty on local authorities to provide a £2,000 bursary to help with the cost of studies and a requirement to provide accommodation during university holidays. Care leavers in further education can also receive financial support through the 16-to-19 bursary, for which care leavers are a priority group. The bursary provides up to £1,200 a year to support the cost of their studies. Through DWP’s second chance learning initiative, care leavers are able to claim benefits while studying full time up until the age of 21.

The Government also publish data on the activity of care leavers aged 17 to 21, which previously were not available. The data identify the proportion of care leavers at each age point who are in higher education, other non-advanced education, employment or training, and those who are NEET, which provides the information necessary to track progress over time and will be a key way of ensuring that we can tell whether our changes are having the desired impact.

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

Stella Creasy Excerpts

Committee Debate: 3rd sitting: House of Commons
Thursday 15th December 2016 Public Bill Committees

[Mrs Lewell-Buck]

Amendments 41 and 42 would strengthen the role of the child safeguarding practice review panel in cases where domestic violence has been a feature. They would ensure that contact was safe for the child, and that in the terrible circumstances where a child dies or is seriously injured by a perpetrator in circumstances related to that contact, the local authority must notify the panel.

Women’s Aid’s recent “Nineteen Child Homicides” report, launched as part of the “Child First: Safe Child Contact Saves Lives” campaign, revealed the scale of the challenge for child protection in families where one parent is abusive. Child contact arrangements should always be made in the best interests of the child and to protect the safety and wellbeing of the child and the parent with care. However, there are significant concerns that the current system managing child contact decisions is not consistently upholding that principle, resulting in significant child protection concerns within families where there is a perpetrator of domestic abuse. The Bill is a critical opportunity to improve child safeguarding practice and help to prevent avoidable child deaths and harm as a result of unsafe child contact with dangerous perpetrators of domestic abuse.

Existing research provides strong evidence that in making arrangements for child contact where there is a history of domestic violence, the current workings of the family justice system support a pro-contact approach, which can undermine the best interests of the child and the safety and wellbeing of the parent with care. That frequently exposes children and women to further violence, causes them significant harm and prevents recovery. The impact of witnessing previous or continuing domestic abuse is in itself a form of child abuse, but the significance of that is often minimised by the family court system. In my experience, that is most likely because those making the decisions in court have never had to witness at first hand the harm that has been done, as social workers have to day in, day out.

On average, only 1% of applications for contact are refused, even though domestic abuse is identified as an issue in up to 70% of family proceedings cases—those are only the cases where domestic violence is disclosed. In three quarters of cases where courts have ordered contact with an abusive parent, the child suffered further abuse. There is nothing worse than having to visit a child who is crying, visibly shaking and terrified and letting them know that the court has ordered they have to see the very person who caused them that harm. Some children have even been ordered to have contact with a parent who has committed offences against them, and in some tragic cases children have been killed as a result of contact or residence arrangements. There are clearly significant safeguarding concerns resulting from the management of current child contact arrangements, which should be considered in efforts to improve child safeguarding practice.

In January this year, Women’s Aid’s “Child First: Safe Child Contact Saves Lives” campaign to stop avoidable deaths as a result of unsafe child contact with dangerous perpetrators launched alongside it the “Nineteen Child Homicides” report. The report highlighted 19 cases of children who were killed by perpetrators of domestic abuse in circumstances related to unsafe child contact. Those homicides took place in England and Wales and were outlined in serious case review reports. All the perpetrators were men and fathers to the children they killed. Later on, I will table new clauses to improve statutory support for victims of parental homicide. I hope the Committee will consider those.

The Under-Secretary of State for Justice, the hon. Member for Bracknell (Dr Lee), who is responsible for family justice, said:

“The Women’s Aid report makes for harrowing reading. No child should ever die or live in such dreadful circumstances, and it is incumbent on all of us to consider whether more can be done to prevent such tragedies. The report underlines the need to prioritise the child’s best interest in child contact cases involving domestic abuse, and to make sure that known risks are properly considered.”—[Official Report, 15 September 2016; Vol. 614, c. 1116.]

The amendments would do exactly what the Minister’s colleague asked for.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

What my hon. Friend talks about is incredibly important. One of the most upsetting cases I ever had to deal with as a Member of Parliament was one where social workers were writing letters in support of a woman’s perpetrator staying in the country because they felt it was in the children’s best interests to remain in contact with their father. As a result, she was put at direct risk, even though he had directly attacked the children, as well as her. We have to get this right and recognise the danger that perpetrators can present to the entire family. We must see it as being in the best interests of the children to keep the mother alive. The amendments would do exactly that and prevent such a scenario.

[Mrs Lewell-Buck]

I thank my hon. Friend for that intervention and her support for the amendments. She is exactly right. I know from experience of the family courts that parents’ rights can often take precedence over the child’s rights, especially in the realms of who has more in the human rights arena.

The Women’s Aid report examines circumstances in which abusive fathers had contact with their children and investigates the lessons that can be learned for Government policy. Key findings were that two mothers and 19 children, ranging from one to 14 years old, were killed intentionally. Those fathers also had access to their children through formal or informal child contact arrangements. For 12 of the 19 children killed, contact with their father had been arranged in court in a similar way to that mentioned by my hon. Friend. For six families the contact was arranged in family court hearings, and for one family it was decided as part of a non-molestation order and occupation order. In two families, the father was even granted overnight contact. In an additional two families, a father was granted a residence order, which means that the children were allowed to live with him.

All of those fathers were known perpetrators of domestic abuse. Nine of the 12 perpetrators were known to have committed domestic abuse after separation from the child’s mother, including attempted strangulation, sexual assault, harassment, threats, threats to abduct the children and actual abduction. They all indicated high-risk perpetrator behaviour. Of course, I agree that the responsibility for the deaths of those children lies squarely with the person who killed them, but research identifies key lessons for the child protection system in relation to child contact in families where there is one abusive parent.

--- Later in debate ---

[Edward Timpson]

Once again, I am grateful to the hon. Lady for her amendment, which seeks to remove clause 13(8), which enables the Secretary of State to give guidance to the panel on the circumstances in which it may be appropriate for a national child safeguarding practice review to be undertaken by the panel. I assure hon. Members that any such guidance will not undermine the panel’s independence. The Secretary of State will not be able to direct the panel to carry out a review, and the panel will have sole responsibility for deciding which cases it should review, determining whom it appoints to carry out the review and the publication of the final report.

Subsection (8) also states the Secretary of State’s ability to set out in guidance matters to be taken into account when considering whether a review is being progressed to a satisfactory timescale and is of satisfactory quality. Earlier, the hon. Lady quite rightly raised, as did I, the two issues of the variable quality of serious case reviews and the length of time many were taking before being published. There are sometimes legitimate reasons for cases not being published in a shorter timescale—for example, because there are ongoing criminal proceedings. However, there are still some unacceptable delays in publication.

We want to ensure the two aspects of the current system that have not been functioning well are kept closely under review, so that we have a better functioning system. As I set out earlier, we are committed to addressing the apparent weaknesses in the current system of serious case reviews, including the poor quality of final reports and the length of time it takes to complete and publish reports. This guidance will help the panel to avoid the deficiencies in the current arrangements, but it will not undermine the panel’s decision-making processes.

[Stella Creasy]

The Minister is talking about the length of time cases can take. Will he say a little more about how he thinks the clause will change that?

[Edward Timpson]

I am grateful to the hon. Lady for probing that point. The current panel does not have any direct power to force a publication to be completed within a period. So we are left in a situation where there is an attempt to nudge and cajole but ultimately no ability to sanction a specific end date for a report to be published.

There are circumstances in which not months but years go by before we get the learning out of a case. In some local areas, and now at national level, we may need to know much more quickly if we are to make sure that other children will not fall through the net as a consequence of similar basic practice failures that result from not publishing a report that shows where things went wrong.

The new process will permit a closer, robust way of preventing unnecessary delay in publication; clearly, we want the quality of reports to be maintained, but we want them to be produced in a timely way, so that lessons can be learned as soon as possible. I hope that that explanation reassures the Committee about the Government’s intentions.

[Stella Creasy]

Forgive me, but it would be helpful if the Minister would clarify what he means by “closer” and “robust”. He has made a powerful case and I think that we would all agree that the length of time taken can be a problem. I am not clear from what he said how he thinks it will be resolved—what the close and robust process will be. How will it be different?

[Edward Timpson]

First, it will be set out in the guidance that accompanies the Bill, so for the first time there will be a clear mechanism with a trigger for a report to be published by a certain date. That does not currently apply and at the moment there can be a drift, without any way to try to bring the process to an end.

The detail will be in the guidance. I am happy to provide the hon. Lady with a draft as we continue to develop it, but the underlying principle remains the same—to get a way of avoiding unnecessary delay in the publication of reports, so we can get the learning out there into the working environment as soon as possible. On that basis I ask the hon. Member for South Shields to withdraw the amendment.

--- Later in debate ---

[The Lord Commissioner of Her Majesty's Treasury (Mr Robert Syms)]

Yes.

Clause 16

Local arrangements for safeguarding and promoting welfare of children

[Stella Creasy]

I beg to move amendment 16, in clause 16, page 13, line 11, at end insert

“, including unaccompanied refugee children once placed in the area, and unaccompanied refugee children who have been identified for resettlement in the area.”

[The Chair]

With this it will be convenient to discuss amendment 17, in clause 22, page 17, line 5, at end insert—

“(3) Guidance given by the Secretary of State in connection with functions conferred by section 16E in relation to unaccompanied refugee children must be developed in accordance with the 1989 Convention on the Rights of the Child.”

[Stella Creasy]

It is a pleasure to serve under your chairmanship, Mrs Main. I am delighted that the Government Whip has decided that we should press ahead with clause 16 so early on, because the issue and the amendments deserve a thorough hearing. In the short time before, I suspect, the Minister will want to get his lunch, I want to pose what seems to me a central question.

We must all wonder why two young men—two 14-year-old boys—have this week attempted to kill themselves. They attempted it because of a promise made by this country that is yet to be fulfilled. That is a promise to young, unaccompanied asylum seekers, the child refugees whom we have all seen on our television screens in the past year. Those children are the victims of conflicts not of their own making, but now they are in limbo as a direct consequence of decisions made by the Government.

The amendments are about putting right the anomalies and making sure that we can be proud that when Britain stands up and says we will look after children, we will do it for every child, and treat every child equally. The 14-year-old boys who tried to kill themselves this week are from Afghanistan. They are both young men who have spent months in refugee camps in Europe. They both got on buses to go to child protection centres around Europe on the basis of a promise that we made in this House: we would put in place a process to treat those children fairly, and to treat their application for assistance from the UK fairly. Now, a month on, however, they find themselves with little hope—so little hope that death seemed a better option. The amendments are about how we deal with that.

Forgive me, but I do not know how many Government Members have been involved in child refugee issues, so I will set out how we got to the stage of two young men feeling so much despair that death seemed a better option than the limbo we left them in. I will explain why therefore the amendments have been tabled.

Over the past year, 90,000 child refugees have been estimated to be in Europe. The Dubs amendment, which most Members are familiar with, was about taking only 3,000 of those children here in Britain. To be clear, we are not talking about Britain taking every single child refugee in Europe; we are talking only about doing our fair share, and doing it fairly.

Government Members might be aware of the Dublin children—children who have family here in the UK and therefore simply want to be reunited with someone who can look after them. After fleeing unimaginable horror in their home countries via various smuggling routes, they have ended up in places such as Calais. However, we are talking about the children who have no one. The Dubs children are those who have no one left, whether they are orphaned, or their families are in places to which they cannot return. They have no connection to anywhere else in Europe, and they have no one but us to ask for assistance. That figure of 3,000 was about those children with no one to help them.

Before we go to lunch, let me put it on the record that we have made progress in dealing with the issues over the past year, and the Government should be commended for that. About 750 children have now come to the United Kingdom through the transfer mechanism and following the concerns expressed in all parts of the House. The vast majority of those children, however, are Dublin children, children who legally under international conventions have the right to come here anyway.

The amendments that we will be debating this afternoon are about the Dubs children. Those two young boys who this week tried to kill themselves are Dubs children, children who should have a realistic expectation that we will act in their best interest to protect them. This afternoon’s debate is about how we do the best interest test because—I have to tell Conservative MPs this—the Government are moving the goalposts.

On 8 November the Government published guidance that fundamentally undermined the earlier guidance and the commitment made on 1 November by the Minister who is present in the Committee to do what we all think is the right thing: to treat refugee children just as we would any other child—to safeguard them. That safeguarding process must extend to those in Europe whom we have identified as potential Dubs children.

The guidance published on 8 November fundamentally undermines that, because it sets out a restrictive test for the children. What is the test? It is a two-step process. First, the children must be of a particular nationality, either Sudanese or Syrian. Secondly, there is a test of age—they must be under 12, as though when they hit 13 they are suddenly no longer vulnerable. A third test is that they are at risk of sexual exploitation, although how to assess that is not clarified.

Many of the children who have now been left in limbo in France are clearly at risk of exploitation and sexual exploitation through their very vulnerability—because they are on their own and have nowhere else to go. Indeed, a third of those children have now absconded from the centres, because they feel no hope. They are back in makeshift camps in France, waiting to try to get to Britain.

Before the Calais camp was demolished, 40% of the children there were from Eritrea. Most of the children were not from Syria. That is because children are running from conflicts throughout the world. The amendment, therefore, and the issue that we have to deal with in the Bill, are not about Syria; they are about all children in the world who are victims of conflicts. What happens next to them?

[The Chair]

Order. The hon. Lady needs to stay on the subject of those children who have been identified for resettlement, rather than expanding to include all children around the world, which is outside the scope of the Bill.

[Stella Creasy]

Thank you, Mrs Main. I am sorry, but there appears to be a question of interpretation, because I was coming on to the amendment, which you can see is about children identified for resettlement and, as we know, those children have come from around the world to end up in Europe. The particular issue is about refugee children in Europe—I simply meant that they have come in and are not European children, but children from Eritrea, Ethiopia, Sudan, Afghanistan or elsewhere around the world who have ended up in Europe. I apologise if that was not clear, but I hope that clarifies why I was talking about children from around the world.

There has been a mistake in some of our debates over the past year that we are talking solely about what is happening in Syria—we are not. The crucial thing about how we treat children is that it is not their nationality that matters, but their vulnerability as children.

I suspect we are about to go to lunch. I do not know for sure, but I am looking at the Government Whip, who looks hungry and seems to be contemplating the issues.

Ordered, That the debate be now adjourned.— (Mr Syms.)

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

Stella Creasy Excerpts

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

[The Chair]

I remind the Committee that with this we are discussing amendment 17, in clause 22, page 17, line 5, at end insert—

“(3) Guidance given by the Secretary of State in connection with functions conferred by section 16E in relation to unaccompanied refugee children must be developed in accordance with the 1989 Convention on the Rights of the Child.”.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

I hope that everybody had an excellent lunch and was able to think about the question that I posed before lunch, which is at the heart of the amendments. How did we get to a place where two young men felt there was so little hope in the world that they would rather kill themselves than go on? The two young men are refugees from Afghanistan, who had been escaping the Taliban. Both of them had been victims of gangs, had ended up in Calais and had willingly got on buses to go to child protection centres around France, having been told through a leaflet that they were one step closer to getting to Britain.

The amendments speak to that question and reflect the Government’s statement of 1 November, which committed to safeguarding refugee children in Europe—not just those who end up on our shores. Many of us may have dealt with children who have arrived in Britain, perhaps through illegal routes. Today, we are talking about how the safeguarding legislation that the Government will bring in by 1 May will reflect that commitment to safe routes and address legally working with those young people.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

Will the hon. Lady give way?

[Stella Creasy]

I will happily give way, because I was reading over lunch of the support and commitment of the hon. Gentleman when it comes to helping refugees. I am sure he is going to speak in support of the amendment.

[Michael Tomlinson]

The hon. Lady is wrong: I am not going to support the amendment. She mentioned the ministerial statement of 1 November. Before we adjourned for lunch, she was right to give credit to the Government for the steps that they have already taken. She was right to do that because the Government have taken great steps. Does she not take comfort from that ministerial statement? Does that not cover the points she is seeking to address?

[Stella Creasy]

I am glad that the hon. Gentleman is here this afternoon because I will explain exactly why I am concerned that the actions of the Home Office directly undermine that statement. Those of us who were involved in drafting the second Dubs amendment to ask the Government to extend safeguarding—as I think the hon. Gentleman is agreeing is the right thing to do for these young people—were very disappointed to see, not seven days later, guidance coming out from the Home Office that we consider directly undermines that commitment. I hope I can explain to the hon. Gentleman why. I hope I can also persuade him that, if—as he has said publicly—the situation in Syria challenges him, those concerns about young people should not be defined by nationality; they should be defined by need.

We are talking about the most vulnerable young people in our world. They have come, whether legally or illegally, to Europe in need of assistance. This is about how we, as Britain, play our part to help and support them. I would suggest to the hon. Gentleman—

[Michael Tomlinson]

And others.

[Stella Creasy]

Particularly the hon. Gentleman. I understand and agree with his statement that he was deeply challenged by the situation in Syria.

[Michael Tomlinson]

The hon. Lady is being very gracious in giving way to me twice in a matter of as many minutes. She will recognise that there is great compassion on both sides of the divide on this very point. She and her party do not hold the preserve of compassion, as she is recognising in her very generous and gracious speech. She can surely recognise the honest and honourable motives on this side of the House as well as on her side when it comes to this issue.

[Stella Creasy]

Perhaps the hon. Gentleman had left early to get ahead in the lunch queue so he did not hear me saying before lunch that I absolutely commend what has happened so far. The amendments simply reinforce that. I have not yet heard a good argument from the hon. Gentleman—I am hoping to hear one from him—on why he would not want to ensure that we treat all young refugees equally and fairly, which is what the amendment would do. Let me explain why.

I understand that the hon. Gentleman is concerned about the situation in Syria. Let me give him some testimony from a young man from Sudan, who said, when asked why he left Sudan:

“There is war in Sudan. Lots of my family have been killed over the years. My mother was killed when I was a baby. I have been running away from the Sudanese government since I was 7 years old…In Sudan, the government pay people to kill and rape innocent people so that it does not look like they are doing it.”

That young man ended up in the Calais refugee camp. There were an estimated 2,000 unaccompanied children in that camp by the end—the kind of children who the Dubs amendment, which had support across the House, was designed to cover. As I said earlier, this is not about Britain taking every single one of those children but about how we do our fair share and ensure that we treat all children equally when we commit to safeguarding them, as the Minister did in his statement on 1 November.

That young man ended up in Calais. He then went to a child refugee centre, on the basis that he was told he would be treated fairly and given the opportunity to come to Britain. He said:

“When I heard Calais will be destroyed, we were told so many different things from the UK and the French government. We were told that all the minors will go to England. But now we are scared we will be refused by the UK. I find this so strange as we are only 1000 minors. This is nothing for a country like England…If the UK government does not hear or understand well we are telling them now: we left our country because we are dying and now once again we are dying as we hope to make it to the UK.”

His story is not unique. There are stories of Oromo children from Ethiopia and children from Afghanistan being threatened with persecution. Yes, the situation in Syria is deeply troubling, but children are caught up in conflicts in many areas around the world. Those children are running, and many of them—90,000, as we heard earlier—have ended up in Europe. The question is: what do we do to help? How do we ensure that we treat those children fairly?

Amendments 16 and 17 are important, because last Friday the Government ended the fast-track transfer scheme for the children who were in the Calais “jungle”. Although that camp has been destroyed and the children evicted, the issue of what happens to them next has not gone away. Although 750 children have come to the UK, I am sorry to report to the hon. Member for Mid Dorset and North Poole that the majority of them are Dublin children—children who would have had the right to come here anyway.

The thing stopping us from helping those children, who have no one else in the world, is the guidance that says how we decide what is in their best interests. The problem that we have—

[The Chair]

Order. The hon. Lady is going somewhat beyond the scope of the Bill. Children who have not been identified are not within the scope of the Bill.

[Stella Creasy]

It would really help me if the Chair clarified where she thinks I have talked about children who have not been identified. I have just said specifically that we are talking about children who have been identified under section 67 of the Immigration Act 2016—children in the centres in France who are being assessed precisely for that purpose, which the guidance covers and the amendment deals with.

[The Chair]

The guidance that has been developed is not within the scope of the Bill.

[Stella Creasy]

The guidance that has been developed certainly speaks to section 67 of the Immigration Act 2016 for the children in Calais. Those are exactly the children identified in the safeguarding statement on 1 November and in the amendment, which deals with children who have been identified for resettlement. Those are exactly the children we are talking about. I hope that clarifies for the Chair why I have been talking about that particular group and that guidance.

[The Chair]

As long as the hon. Lady focuses on the safeguarding of children within the area, that is fine.

[Stella Creasy]

To clarify, I am talking about amendments that deal specifically with children who are identified for resettlement. Those children are not necessarily in the UK, but they are within the scope of the Bill. Obviously, the Lords amendment was identified as being within the scope of the Bill. That was specifically about section 67 of the Immigration Act 2016. I just want to be reassured that—

[The Chair]

May I ask the hon. Lady to pause for a moment? The Lords have different rules governing the scope of Bills. The Bill is in this House, so as long as she is talking about those children who are identified for resettlement within the area—

[Stella Creasy]

Yes. I appreciate that we cannot have pieces of paper, but it might be useful for the Chair to look at the eligibility criteria, which explicitly say:

“General criteria for eligibility under section 67 of the Immigration Act 2016 for children in Calais”.

I am sure that the Minister would like to confirm that his 1 November statement was explicitly about children who had been identified for resettlement, and that includes these children. That is exactly why I am concerned about those criteria; I believe they actually undermine the commitment to safeguarding that the Minister made on 1 November and is the subject of the Bill. I do not know whether the Minister would like to clarify that so the Chair is satisfied. We are talking about children who have been identified in France. I will happily give way to him, because the Chair seems concerned about this matter—[Interruption.] I will take that as assent.

[The Minister for Vulnerable Children and Families (Edward Timpson)]

No, it is not. I have not said anything—

[The Chair]

Order. This is a slightly combative approach. The hon. Lady has done this a lot. May I gently remind her that the Minister did not wish to take her up on that invitation? It is not for her to interpret the Minister’s response.

[Stella Creasy]

Thank you. I apologise if you think I am being combative, Mrs Main. I am a little confused as to why there is a concern, given that we are talking explicitly about legislation and guidance that refers directly to that legislation. I want to ensure that everyone is clear. Obviously, if the amendments had been ruled out of order, we would not be debating them. I am concerned that there is confusion about what children we are referring to. This guidance is specifically about those young children.

[The Chair]

The amendments are totally within order; we would not be debating them if they were not. Some of the hon. Lady’s comments, however, seem to be straying without the scope of the Bill. I am taking guidance on this matter. It is important that we get the Bill right, including the amendments. I wish her to keep her remarks, which are very important to this debate, on track.

[Stella Creasy]

Thank you. That is very helpful. I wonder whether it is also helpful for me to clarify that in the Minister’s statement on 1 November, he makes explicit reference to evaluating procedures for transferring children who would be eligible for safeguarding. He also talks explicitly about children identified for resettlement, which is reflected in the amendment. I hoped the Minister would clarify that, but perhaps that helps. People may wish to google the statement made on 1 November. I am concerned because the eligibility criteria appear to undermine the will and intent set out in that statement. I am also concerned about the reason why the second Dubs amendment, which we might have been debating today, was withdrawn from this legislation.

The statement was set out for France. We are concerned that a further statement may be put out for Greece and Italy, where there are also children. I can report to the Committee that there have been no Dubs transfers, as yet, of children from Greece and Italy, although hundreds of children have been identified as potentially eligible for that. The two-step process for France sets out a series of tests around nationality, age and high risk of sexual exploitation. It then sets a secondary test about the best interests of the children. The amendments would flip that test around, to recognise that we should always act in the best interests of all children for whom we take responsibility. There is a challenge, given the Government’s clear statement that they would take responsibility for these children.

We may well have safeguarding duties for the third of children whom the Refugee Youth Service were tracking from these centres in France who have now gone missing. As yet, we have not taken on those duties. For example, one of the groups of children excluded by the current criteria are Eritrean children. Some 87% of appeals for refugee status by Eritrean people are successful, so it is well recognised that there is a high level of persecution within Eritrea. However, as the guidance stands, those children would not be considered for transfer to the UK under the Dubs amendment. These are children who have nobody else in the world, who are fleeing persecution and whom we have said we would identify and consider for resettlement, but we are judging them on the basis of their nationality, not their need.

The concern for all of us is that there are many of these children in Greece and Italy. The Government have not yet published guidance for Greece and Italy, but if we are to be consistent in how we treat children, it is important we are consistent in putting their best interests first. That is the intention behind the amendments, and it is surely not controversial across the House.

Amendment 16 would specifically identify the children we, as a country, are assessing for assistance under the Dubs provision, which got support from across the House. Amendment 17 states that we should apply the UN convention on the rights of the child to that process. The UN convention is incredibly clear that we should not discriminate against a child on the basis of their nationality, religion or age. The eligibility criteria therefore conflict with the UN convention.

The Government said they would have regard to the UN convention in future legislation. Indeed, the European Court of Human Rights has said that the Government should place in this Bill a duty on all public authorities to have regard to the convention on the rights of the child. The amendments simply seek to ensure we act in accordance with best practice in how we treat all children.

I hope that when Government Members look at the amendments in that context—we are saying, “Actually, we shouldn’t discriminate among the children we have agreed we have a safeguarding responsibility for. We should treat them all in terms of their best interest”—they will see that they are needed because the guidance that has been issued could undermine that. That could leave this country open to legal challenge, and it could mean that we are creating a second-class group of looked-after children—i.e. refugee children—because we are treating them differently within our system.

--- Later in debate ---

[The Chair]

Before the hon. Member for Walthamstow resumes her remarks—it sounds like she may be coming to a close—let me say that we are not having a general debate about refugees. I ask that she goes back to talking about her amendment and any other questions she would like the Minister to answer.

[Stella Creasy]

I am genuinely sorry that the hon. Lady thinks it is outrageous to suggest that we need to get this right and see the potential of those children—[Interruption.] I genuinely have not accused her. I am asking whether she wants the UN convention on the rights of the child to be the framework by which safeguarding is undertaken in this country for all children, including those who are at the moment in France, Greece or Italy and have been identified as possible candidates for the Dubs amendment. She is right that there was cross-party agreement. I am surprised that there is not cross-party agreement on this, frankly. The statement on 8 November seemed to go against that.

I am sorry that it seems to be controversial to want the UN convention on the rights of the child to be the framework by which we treat safeguarding. The Minister said on Second Reading that he would go away and look at the guidance to see whether it stood against his statement on safeguarding. I hope he will explain why the Home Office issued guidance that appears to undermine the Government’s safeguarding commitment. If he does not support these amendments, how is he going to guarantee that every child that the UK considers for safeguarding is treated equally? What else, if not the UN convention on the rights of the child, should guide us? I will happily finish now to hear what the Minister has to say. I hope that Government Members will understand that this is about our passion to get this right; it is not a party political point.

[Tulip Siddiq (Hampstead and Kilburn) (Lab)]

I support the amendment and want to make a plea to Conservative Members to support it. It is important for the values that we uphold in the House. I thank my hon. Friend the Member for Walthamstow for making such a passionate plea, and eloquently describing the plight of children who flee from violent homes to a land where they hope for a safe, secure home, and then find that they are no closer to home.

I have three questions for the Minister. Is he aware that the children who come to the camps are now at a 46% higher risk of being smuggled and of sexual exploitation than they were last year? Is he aware that the British Association of Social Workers has pointed out an inbuilt 50% shortfall in current funding on full cost recovery for services to unaccompanied asylum-seeking children—the children to whom the amendment relates?

Finally, the British Association of Social Workers also has concerns in relation to the Government’s support for the original Dubs amendment, which has been mentioned many times: only a tiny proportion of the children in mainland Europe have arrived in the UK.

I make a plea to Conservative Members: if we are honest about what we want to achieve in the House and we want to protect the most vulnerable, we must make sure we provide support for them. Of course we want to provide support for all children, but those to whom the amendment relates are at the bottom of the ranks.

I ask the Government and Conservative Members to show their support. The point is not a party political one; it is about what we uphold in the House, in an era when the children in question are demonised in the press, when we talk about checking their teeth to find out how old they really are, and there is open hostility to them. It is our duty to support an amendment that will give them some comfort and show that someone in the world is looking out for them.

--- Later in debate ---

[Edward Timpson]

I am grateful to my hon. Friend for his support for the approach we have taken. There is some commonality that goes back to the heart of many of the debates we have had during the passage of the Bill. Irrespective of which side of the House we are on, there is a clear desire to see a system—whether a safeguarding system or a health system—based on need. If we can get that right and not try to differentiate on children or children’s rights but work to strengthen those rights further and reflect them through the UNCRC, we should do that to underpin those principles in the work we carry out.

I am happy to reiterate the commitment that Lord Nash made in the other place: we will ensure that the review of “Working together” looks again at the underpinning principles and how they can be further strengthened to reflect children’s rights as reflected in the UNCRC. We believe that the forthcoming safeguarding strategy for unaccompanied and refugee children and the robust safeguarding arrangements proposed in the Bill for all children are the best approach to safeguarding and promoting the welfare of these vulnerable children.

These are difficult issues, and everyone is working hard to try to do the best that they can for these children, who are extremely exposed and vulnerable. There are often heartbreaking situations that we wish we could do all we were able to do to prevent, but we think we have a good, strong system in place, and we will keep that under close review. The hon. Lady has heard from me today that the Home Office is considering how we move on to the next stage, post-Calais, to ensure that we capture the children who have a genuine refugee status recognised through the international convention, concentrating our efforts on helping them to seek refuge in the UK.

[Stella Creasy]

I agree with the Minister; I think there is common ground. However, the case he is making is for the guidance that the Home Office has issued to date not to be compatible with the principles he is setting out. Does he think it is right to put nationality or age ahead of need, as that guidance does? If he does not, we need to understand what he will do to protect children in Europe who we have identified for resettlement from such discrimination in future.

[Edward Timpson]

I would say two things. On a factual point, the guidance that has been the subject of discussion is, as I said, in relation to Calais only. Therefore, as regards where we go on the further decisions to be made for children who have come to the UK under refugee status, it is no longer valid. There is however still a point at which the current guidance is relevant, which is in how it is constructed. We can only base decisions on which children to bring over if they meet the definition of a refugee set out by the 1951 refugee convention. We cannot bring over children who do not have that status because they will not qualify for local authority support or accommodation. They must have a realistic prospect of meeting that definition.

Our criteria are intended to ensure that we focus on the most vulnerable, by virtue of age or because they are assessed as at high risk of sexual exploitation, and the youngest of the children most likely to qualify for refugee status. We are considering those nationalities with an initial asylum grant rate of 75% or higher in the year ending June 2016. We have said we will focus on those nationalities most likely to qualify for refugee status in the UK.

If they do not have refugee status, they will not be able to come to the UK and receive the support that we all want to give them. That criterion is not in conflict with the best-interest criterion. The criterion is designed to identify refugee children and bring them here where it is in their best interest.

It is not in their best interest to come to the UK if there is no local authority place or if they are returned at 18 as they do not meet the criteria to be a refugee. We have to set some criteria that reflect that situation, which is actually defined by international law, and we believe we have that balance right.

[Stella Creasy]

The guidance is explicit about a first preliminary stage that excludes on the basis of nationality, ahead of the best-interest assessment. That is not what the Minister is saying, but the guidance is explicit. That is why Eritrean children, for whom 87% of appeals for refugee status are successful, are explicitly cut out by this guidance. Does the Minister believe that that accords with the conventions that he wants to apply to safeguarding? It is a two-step process and the first step excludes children who would qualify under the second step.

[Edward Timpson]

I did fear at the beginning of this debate that, although we would have some agreement, there would ultimately be disagreement because the Government’s position is clearly set out in the guidance and the safeguarding strategy. Focusing on those most likely to qualify for refugee status is not just the UK’s approach. It reflects the approach taken across Europe, for example, under the EU’s relocation programme to transfer asylum seekers from Greece and Italy to other European countries. It is right to give priority to those likely to qualify for refugee status, as well as the most vulnerable, regardless of their nationality.

The hon. Lady mentioned Eritrea. Without straying too far from the clause and the amendment, we look across the world and see all sorts of war-torn areas and countries going through instability and devastation and we need to ensure that we do what we can to respond. However, we have to look at those countries with a greater likelihood of eligibility for refugee status. The truth is that Sudanese and Syrian refugees are more likely to be eligible than those from other countries. We must have a system in place to provide identification to ensure that we have refugee status clearly defined. We will have a greater prospect of ensuring that they meet the criteria and, therefore, that we will be able to help them in this country.

As I said, we have moved on from the Calais operation. We still have our commitments under the Dubs amendment and we will continue to work hard to identify those children who are the most vulnerable and who also qualify under the internationally recognised definition of a refugee. I know that it is hard; these are not easy decisions. We must do all we can to bring about the best possible outcome for those children but we must also be realistic about how we define that in a way that makes it practically possible for us to help them and ensure they do not fall foul of the law and end up not getting the support that they need. On that basis, I hope hon. Members are sufficiently reassured to withdraw the amendment.

--- Later in debate ---

[Stella Creasy]

I thank the Minister for his comments but he is on, if he is honest, what he might call a sticky wicket. He might have moved on from Calais but those kids have not. There are 1,000 children in centres around France who got on buses from Calais on the promise that they would be treated fairly by the British authorities, and that when they were assessed by the Home Office to be identified for resettlement in the UK they would be treated fairly. The Minister has just had to justify a system that is not fair, that sees not the child’s needs but their nationality, that discriminates against a group with a high prospect of refugee status—Eritrean children—and that leads to 14-year-old Afghan boys thinking their only hope is to kill themselves or to get here illegally, on the back of a lorry. We are back to square one with this guidance.

I sense in what the Minister said that we might see different guidance for Italy and Greece. I very much hope so, but words mean nothing if they are not backed up by actions. I will press the amendment to a vote, because I want to see Government Members voting against putting the UN convention on the rights of the child at the heart of our safeguarding process; I want to see that commitment.

[Maria Caulfield (Lewes) (Con)]

indicated assent:

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

Stella Creasy Excerpts

Committee Debate: 6th sitting: House of Commons
Tuesday 10th January 2017 Public Bill Committees

Brought up, and read the First time.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

I beg to move, That the clause be read a Second time.

I hope the Committee will bear with me. As can be heard, I am not as well as I should be. I have to admit I probably would not have been here today were I not so passionate about this subject and the importance of providing sex and relationship education as a form of safeguarding for all children. With that in mind, I will probably not speak as loudly and clearly as I might do otherwise. I hope that does not dull the willingness of Government Members to listen to the case for the new clause.

I want to go through a number of elements of the new clause and explain why it would be a worthwhile addition to the Bill. First, this is a safeguarding issue and, as we know, the Bill covers safeguarding. On Second Reading, the Minister agreed that it should be part of the discussion of the Bill. Secondly, introducing this element of safeguarding needs specific legislation as it is clear from the evidence on the provision of relationship education to children that guidance will not cut it. Thirdly, we need to consider the status quo and the response of the public. Our role as politicians is to lead but also to listen. There is overwhelming public support for such an important measure.

Finally, I shall explain why we must see progress now and in this Bill on this issue, which has been debated in this House for as long as I have been a Member of Parliament. In 2010, as Members may recall, the previous Government made the first effort to legislate. We have had these discussions now for six years. Thinking back in time, though, is perhaps the point at which all of us will start with this discussion, perhaps remembering our own sex and relationship education. For me, 2017 is important, because it is the year in which I turn 40—a big statement birthday. Do not all shout at once that that could not possibly be so—[Interruption.] Too late!

This has already been one of those years in which I have had conversations with people that remind me that I am no longer a tender teenager—not least, having a conversation with my staff where they expressed incredulity about the fact that when I was at school we did not have Wikipedia. We did not have the internet—[Interruption.] Government members of the Committee are nodding their heads. The world in which our young people are growing up is very different from the one that we knew.

As a former youth worker I am always reminded of something we taught ourselves, which was, “Everybody has been a 15 year-old but not everybody has been a 15 year-old in the modern world.” When people first reflect on the idea of sex and relationship education, they think of the headlines, the concerns that many of us have about things such as Snapchat, sexting and online pornography—the normalisation of an extremely sexualised culture.

I know that some who have been concerned about these proposals have written to Members to say, “There are groups in our society who are not privy to this online forum and therefore should not be involved in this legislation,” but that makes me think about why this is not to do with the internet or the modern world, but with the timeless challenge that we face in our society of how we ensure that everybody has good, healthy and constructive relationships with other people, and with the importance of sex and relationship education in that, because it is a safeguard. If we are honest, when we look back to our childhood and to some of the things that all of us of my generation—or, indeed, those who are older—know, we are aware that exploitation, danger and risk to children have always been prevalent in our society.

When we think about the scandals that have been uncovered in the last couple of years, about how people used to talk and interact with young people, or about the treatment of young girls in our society, we can see that safeguarding children is not a question of the modern world but a question of a better world. New clause 11 is very much not about the internet; it is about the world we live in today and how we make sure that all our young people are given the right education and the right skills, not simply to identify risk but to prevent risk.

The new clause is also about recognising the range of issues that we need to deal with in our world today. I am extremely proud of a young woman called Hibo Wardere from Walthamstow, who has been a leading campaigner on female genital mutilation, and of the young woman from my community called Arifa Nasim, who set up Educate2Eradicate. They are going around schools in this country talking about issues with “honour-based violence”—I call it that, but there is no honour in it. We know that there are multiple issues within our society that we have to be able to talk to our young people about if we want to keep them safe.

Given how sensitive people are about the concept of sex and relationship education, it is very important to think about it in terms of the risks people might face and the importance of addressing them. It is easy for British people to laugh about sex, and to feel uncomfortable or awkward about it. I remember my first sex education lesson at school, where I fell asleep and was woken up by a teacher waving a female condom at me—nevermore do I think about a plastic bag in that way. However, this is not a comedy issue, because we know that millions of young people in this country are at risk. Some 47,000 sexual offences were recorded against children last year. I say “recorded” deliberately: these are just the ones we know about. Crucially, a third of those were perpetrated by children against children.

We know that 5,000 rapes have been reported in our schools in the past couple of years and that nearly 60% of young women aged 13 to 21 report facing sexual harassment in their school or their college. The place that we want all our children to go to, to be safe, and to be able to learn, grow and expand their minds, has become a place of danger and risk for too many in our society. The truth is that the world is different from the one that we grew up in. There has been a normalisation of extreme sexual imagery because of the accessibility of pornography. I remember people having magazines and books at school that would probably be considered pornographic. Now, it is on a phone or a computer. Only 18% of parents think that their children have accessed pornography; the reality is very different—it is closer to 40%. Indeed, 79% of young men and 62% of young women report it being part and parcel of their everyday life.

At the moment, sex education is mandatory in terms of the biology of sex. In the biology curriculum, we teach young people about reproduction, but we do not teach them about relationships. That is where the risk comes in and where the gap in our safeguarding procedures exists. At the moment, we only have sex and relationship education across our schools in a very patchy way. Some schools are doing amazing work, and we should recognise that, but safeguarding only works if every young child has access to information, training and support.

Ofsted found in 2013 that 40% of schools required improvement or were inadequate in their provision of sex and relationship education. That means millions of children in our schools right now are simply not getting the right sort of information about relationships, consent and sensitive issues such as their relationships with the other sex and with the same sex, domestic violence and abuse, female genital mutilation and forced marriage.

Critically, Ofsted also showed us that young people are crying out for this kind of information and support to keep themselves safe and that they were extremely disappointed in the quality and frequency of lessons. Inevitably, it is part and parcel of their lives to ask these questions. However old we are, we all remember the point when we first become aware of our own feelings of wanting guidance and the right kind of relationships with people.

It is fascinating that study after study shows the value, power and potency of good sex and relationship education to address many of those issues and to keep our young people safe. A study by Bristol University just last year found that while schools find it difficult to acknowledge that our young people might be sexually active, children do not. Young girls reported being harassed in school if they asked questions about sex and relationships, and young boys reported feeling inadequate and anxious if they revealed an ignorance about relationships. We cannot let that stand. Frankly, if we do not step into that void, the internet or the playground will. That is where the risk comes.

For avoidance of doubt, this is not about replacing parents. It is about supporting parents and recognising an environment in which sexual feelings and sexual imagery are so much a part of modern life. Even with the best parenting and the good advice that we know millions of parents across this country try to give their children, if the people who children come into contact with on the street, in the playground or in chatrooms do not have the same set of values and level of support, the risk remains.

Only one in seven children in our schools have had any form of sex and relationship education. That means six other children are missing out and therefore might have negative impressions about what a good, positive and healthy relationship looks like. We know that this is something children themselves have reported, with 46% of children saying they have not learned how to tell when a relationship is healthy. We should think about that for a moment. When children do not know that violence and intimidation should not be part of a close, loving relationship, and when 44% of children have not been taught what an abusive relationship is, that is not an environment in which we can consider our children to be safe.

It is about not only physical violence but intimidation and coercive control. We have now legislated on that for adults, but we have a gap when it comes to young people. Some 43% of children do not know they have a responsibility to seek consent and have a choice about whether to give it. That is startling. The children who have not had that education are crying out for us, as politicians, to get this right, which is what we are trying to do through the new clause.

We should create a safe environment in which children of any age get the right kind of education to make healthy relationships and to know not simply what sexual conduct is, but what it means to give their consent, to be with someone for love, and what an equal and loving relationship looks like. This is not only about having healthy relationships with peers. It is also about a young child recognising when they are at risk. One of the concerns we have and the reason the new clause discusses age-appropriate education is the importance of starting early with children. One of the most shocking cases I dealt with as an MP in my constituency was not one, but two instances of children under the age of 13 engaging in sexual behaviour in local parks, involving children who did not want to be involved—that is the best way I can put it.

Think about that for a moment: children under 13. That means we need to start with children under 10, if not younger, giving them the right words to be able to say no and describe what is happening to them, and what they do and do not like. Yet, again, we are finding in the Ofsted studies that too many children are not being taught the proper words for their own organs and how to talk about what might be happening to them. This becomes a safeguarding issue, because we know that when children are given the right information in an age-appropriate fashion they are much more likely to report abuse or be able to report something happening to them.

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[Steve McCabe]

Before my hon. Friend concludes, I want to say that I am more than happy to support her new clause, although the Minister may be about to tell us that he has an alternative or additional proposal.

Since we have spent so much time talking about the value of innovation, would my hon. Friend be open to a proposal in which the Minister encouraged schools to innovate? We could make a start right away by finding the best models for my hon. Friend’s proposals and some of the wider issues referred to by other organisations, including online safety, tobacco, alcohol, drug abuse and broader health issues. Would she be open to a proposal that said, “Let’s invite schools to innovate. Let’s ask Ofsted to report on the success of that innovation. Let’s encourage schools that are doing the right thing, so that the Minister can free the others from the constraints and encumbrances that current legislation imposes on them.”?

[Stella Creasy]

My hon. Friend will be aware of previous conversations about straying from the point. We were very mindful in drafting this new clause that we should focus on relationship education as part of PSHE, which has been declining in schools. I believe there has been a 21% decrease in the number of PSHE lessons in the past couple of years because it is not valued. We recognised that it had a particular role to play in safeguarding because of the widespread evidence of sexual harassment of children.

I completely agree with my hon. Friend about the value of other forms of lessons. I will give a shout-out to Kris Hallenga and the CoppaFeel! team who have been looking at how to provide cancer education within PSHE. There is clearly a broader debate, but we do not know if there is going to be any alternative education legislation that might allow such proposals to be included.

The point about innovation and safeguarding is apposite. One reason Opposition Members were concerned about other parts of this legislation is that we want to give schools a clear framework about what should be included. Within that, we could work in a way that works for pupils and their location. That is why the new clause specifies a framework for sex and relationship education as part of safeguarding, recognising that it needs to be age appropriate.

The way in which a five, six- or seven-year-old would be taught about their body and how to ensure that, if anything happened that they were not happy or comfortable with, they could speak out, would be very different from the conversations that might be had with 13, 14 or 15-year-olds about some of the things that were going on in their lives. It would also be done in a way that was inclusive. I am particularly mindful of the evidence of young people who are gay and lesbian who said they were not given good sex and relationships education, which caused them huge amounts of harm at a young age, so it is important to ensure it is inclusive.

Finally, we need to recognise different religious perspectives. That is an important element, and I do not underplay that. Concerns have been expressed by religious organisations. We need to reflect and respect religious perspectives without using that to stop the important provision of relationships education.

The new clause is drafted in such a way that it is very much about the role of Ofsted, which I am sure would be involved in any form of safeguarding and monitoring of sex and relationships education in schools, however the Government choose to do this—if they do want to. There is a clear role for Ofsted to look at this as a form of safeguarding. Schools that were not providing sex and relationship education would be judged inadequate on safeguarding, which is a very serious matter, but it would reflect the importance of the topic.

Crucially, the new clause would give young people the opportunity to say whether they wanted to take part in this education. Some 90% of young people surveyed said they wanted this education, so it is important to give them the power to opt out, rather than that being led by their parents. The Secretary of State would have the role of setting the age at which they would be of sufficient maturity to do that. I am thinking particularly of young people who might be at college or in further education who would be covered by the new clause: we want to ensure that they have the right to take part in lessons if they choose to do so.

Finally, returning to the point that my hon. Friend the Member for Birmingham, Selly Oak made in saying, “Let’s just get on and do it”, the new clause sets out a clear timetable. That is the message I want to give to the Minister. I heard his words on Second Reading and I have seen the briefings from the Education Secretary. There has clearly been a sea change in the Government’s perspective on the issue over the past year, which is welcome.

I recognise that there is cross-party support for sex and relationships education. Five Select Committee Chairs said they wanted to see it happen. All of us who have been campaigning on the issue for some time want to see action, because we are all acutely aware that we have lost previous opportunities to make progress. The guidance that covers sex and relationships education for our young people was produced in 2000, before the era of Snapchat, Facebook and even Twitter, which feels as old as the hills. We need to move with the times, but most importantly we need to move. If the Minister will not accept new clause 11 and work with us to make it work, I want to hear him make a commitment to legislation. I tell him plainly: another consultation, another review and a generalised commitment will not do any more. Young people in this country need and deserve better from us.

[Huw Merriman (Bexhill and Battle) (Con)]

It is a pleasure to follow the hon. Member for Walthamstow. I find it strange to say—she perhaps will find it strange to hear—but I am critical of the new clause because it is not ambitious enough. Rather than just talking about safeguarding and listing aspects of personal, social and health education under subsections (a) to (e)— aspects, in reality, of sex education and relationships management—I would like be bolder and enlighten and empower all our pupils in the whole sphere of personal, social, health and, indeed, economic education. In that sense, my call to the Minister is to be more ambitious and go further than the hon. Lady set out.

The hon. Lady referred to 90% of pupils wanting this form of education. I think it is 92% of pupils who want it, and they are not just referring to the limited form of education that she talked about. They want a sphere that would include economic education too. That is hugely important. Within schools, we are focusing more on mental health issues, wellbeing and preparing our pupils not only to cope with the challenges and pressures of their school surroundings, but with the challenges of the workplace and life in general. To pick up on the hon. Lady’s theme, I would like to see legislation that covers all those parameters. There is great support for that—some 92% of parents and 88% of teachers support it.

Legislation has to be properly thought about within this sphere, however, because 12% of teachers are not positive about such provision. That may be because they are concerned about their workload and want some reassurance about what may be taken out of the curriculum if this particular provision put in. I would prefer to take a thoughtful approach. I have no issue with a consultation, because it gives us the opportunity to feed in on how legislation should be formed.

I do not wish to speak further, because I am pleased and keen to hear what the Minister has to say. I reassure the hon. Lady that while I will not be voting for a new clause that is restrictive and could go much further, I am certainly behind the general thrust of ensuring that we enlighten all our schoolchildren on the wider area—an area that does not just cover sex education and relationships management, but all the challenges of daily life.

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[Kate Green]

I find the whole sentiment behind this discussion rather disappointing. I think it is very clear what the concerns of young people, parents and teachers are and why my hon. Friend the Member for Walthamstow has tabled the new clause. She, of course, can speak for herself. Of all my colleagues, I think it is fair to say that, but may I say on her behalf that if this proposal is not perfect, we are amenable if the Minister wishes to produce something better, but we want it now. We have waited too long for something to happen, as opposed to warm words and expressions of enthusiasm.

The hon. Member for Bexhill and Battle is absolutely right to point to the importance of the debate in the context of all the attention the Government are giving to mental health and wellbeing. If we look at the record of previous Governments, including the coalition Government and the present Government, on a whole lot of related issues, it seems a great shame that we are not supporting those steps forward, which have been made with cross-party support in relation, for example, to female genital mutilation; in relation to stalking, which will be the subject of amendments in Committee later this afternoon; and in relation to coercive control, mentioned by my hon. Friend the Member for Walthamstow; in relation to same-sex marriages; and in relation to the very good follow-up which has been put in place following some of the appalling child sex scandals of recent years. It is tragic that the Government and previous Governments, having made great social steps forward in all those areas, are unwilling to underpin them with really good education for our young people so that they can understand their rights under that legislation.

[Stella Creasy]

I always stop my hon. Friend when she gets going at my peril because she is such a powerful advocate. Can I give reassurance to the hon. Member for the constituency which I cannot think in my head right now but I am sure is a wonderful place?

[Huw Merriman]

Bexhill and Battle.

[Stella Creasy]

That’s it—a lovely place. Personal and social education is already part of the curriculum, but what we have seen over the past couple of years is a diminution in time allocated to it. The new clause would make the provision of lessons on these particular issues part of the safeguarding element that is inspected, and so prompt schools to ensure that these issues are covered. That does not preclude any of the points that have been made and the wider debate we can all have.

There is cross-party consensus about the value of PSHE and concern about the diminution in its delivery over the past couple of years. However, the measure would ensure that these subjects were part of the framework on which schools were inspected. If they were not providing lessons and guidance on these issues, that would be a matter for failing by Ofsted.

Ofsted looks at the provision of sex and relationships education, as we have seen, and has shown that it is of poor quality in many schools right now. However, at the moment it is not part of the safeguarding duty that they inspect. By making it part of the safeguarding duty, the measure gives Ofsted stronger powers to push schools to do it. It is not about PSHE being restrictive—the hon. Member for Bexhill and Battle is reading the proposal in quite a literal way—it is about Ofsted’s powers. If the hon. Gentleman wants to have a conversation about Ofsted, I would be happy to talk to him, but I suspect it is beyond the scope of today’s debate. I hope that reassures all my colleagues as to why we want to make sure that these particular topics are covered.

[Kate Green]

I am grateful to my hon. Friend. I want to pick up the point that the hon. Member for Bexhill and Battle made about teachers’ confidence in dealing with this subject. As my hon. Friend has explained, in embedding in the inspection regime an expectation that safeguarding standards are part of the way in which the curriculum is delivered, we create a need to ensure that teachers are properly equipped to teach that curriculum. That will have an effect on what is taught in teacher training colleges and on teaching practice. It will have an effect on the way in which schools organise, manage, support, mentor and develop their staff and on the way in which staff time is allocated, to ensure that teachers are able to teach the subject properly.

From talking to teachers, I do not think that their worry about this subject is so much about whether or not they have time to do it—they think it is important and want to make the time—as about a fear that they do not know how to do it. It requires proper attention to equip and educate them to deliver top-quality teaching.

We know that quality is an issue. My hon. Friend pointed out that one in seven children are receiving no sex and relationships education at all. Of those children who are receiving such education, half told the Terrence Higgins Trust in research it carried out that the teaching they received was poor or even terrible. There is little point in offering a poor or terrible education to our children. We have to raise the quality. That is not an excuse for doing nothing. It is an excuse for embedding firmly an expectation and an obligation on schools, along with an inspection regime to ensure that they meet it.

I am troubled that despite all the social progress we have made in my adult lifetime, and particularly the immense progress in relation to equality between women and men, young people’s attitudes to relationships between the sexes remain primitive in so many ways. We have seen shocking research in recent years, which has shown that young men and young women—teenagers—believe it is acceptable, for example, for a boy to hit his girlfriend if he sees her talking to another bloke or for a man to expect the woman in a partnership to put food on the table when he wants it.

The fact that those attitudes should still be pervasive among young people shows that there is a very real need to educate them in relation to not only in the biology of sexual relationships, as my hon. Friend said, but on the much broader dimensions of respect and equality. We have delivered those things in so many other ways—in legislation and social practice—but they need to be underpinned in our education system.

I want to conclude by saying, on my behalf if not on behalf of my hon. Friends, that if the Minister thinks the new clause is deficient, I insist he introduces something else as a matter of urgency. We would be happy to consider that. As my hon. Friend said, time is running out. If such a proposal is not available in Committee or on Report, there is no further chance to achieve the intention that is constantly expressed in this House and which is the will of the House and the wider public: to do so much better than we do now. I look forward to hearing what the Minister has to say. Without strong assurances that things will now change, I am pleased to support my hon. Friend’s new clause.

[Simon Hoare]

I am the father of three young daughters of eight, six and four. The moment I am dreading is when they start asking what we used to call “those questions”. I am rather hoping my wife will be on hand. I am sure she will then promise to give me some sex education after she has dealt with the children.

This is such a complex and complicated issue, as the hon. Member for Walthamstow set out. I rise to make a few remarks against the backdrop of having attended a faith school and as a practising Roman Catholic. My wife is a member of the Church of England, but my children are Catholics. I very much support what lies behind the hon. Lady’s new clause. I see nothing contradictory in being a practising Christian and wanting to ensure our next generation is equipped with as much resource and education as possible for the challenges that face modern youth—challenges that I, as a 47-year-old, could never have envisaged when I was 14, 15 or 16.

I remember the acute embarrassment—teenagers like to do this to their teachers—when we had a spinster nonconformist Methodist biology teacher in a Catholic state school who was asked by a friend of mine during this biology lesson—one where we had those pictures that were never quite clear anatomically—“Miss, what does a man do if he wants to have sex, but they do not want to have a child?” He knew full well what the Catholic teaching was on artificial contraception, but it threw this nonconformist spinster into an absolute tailspin and her answer was, “I think you should go to talk to the school chaplain”—she did not know how to answer. So it is as much about educating the educators as it is educating those who need the information.

The hon. Member for Walthamstow has been in this place longer than I, and I am reluctant to give her any advice about it—the new clause, that is, not anything else—[Laughter.] Before my hon. Friend the Member for Faversham and Mid Kent chips in with anything slightly “Carry On Laughing” or whatever, I think there are some omissions between 2 (a) and (e). For example, it is important to have something about transgender. Likewise, while the hon. Lady said at the start of her remarks that this was not solely about digital, given its huge impact on perception, the curriculum should include an element on digital and the internet.

We have all bandied statistics around, but I remember reading that today most teenage boys that have accessed pornographic websites, just out of interest and teenage curiosity, actually believe that most women do not have pubic hair. That is a direct bit of education from the internet that affects the mindset and changes how we think about ourselves and our potential partners in a relationship.

I also notice—and it slightly belies what has actually been support from my hon. Friend the Member for Bexhill and Battle and I hope, certainly in theory, from the Minister—that the new clause is tabled solely in the name of Labour Members of Parliament who all happen to be women. This is an issue that should command cross-party support and certainly representation from both sexes. A father, a husband and a boyfriend have as much interest in ensuring a high quality of PSHE as women do. The hon. Member for Walthamstow might want to think about that point, which is why I hope that she will not press this new clause to a vote today but instead think about some proactive cross-party working on Report. That is not to kick the issue into the long grass; it would just help to create a better base.

Some wording—some form of protection—is needed for those who run faith schools, all faiths, to make the position absolutely clear. I have little or no doubt that I will receive emails from constituents who happen to read my remarks. They will say that this is all about promotion, and this or that religion thinks that homosexuality—or another element—is not right. So to provide a legislative comfort blanket, for want of a better phrase, the new clause needs to include a clear statement that we are talking not about promotion, but about education, and where sex education is delivered in a faith school environment, those providing the education should not feel inhibited about answering questions such as “What is the thinking of our faith on this particular aspect of sexuality?”

[Stella Creasy]

The hon. Gentleman has touched on an incredibly sensitive issue. I do not want to misinterpret his remarks, but he should be aware that many of us are concerned about children who are same-sex attracted in faith schools. One of the things that is important about getting this right is making sure that every school is acknowledging those children. Can he just clarify what he means by inhibition?

We did try to work in a cross-party way on this, and I continue to do so—and cross-gender, as well. I agree with him that this is not an issue for women; it is an issue for all of us. We are where we are with the new clause, but it would be helpful if the hon. Gentleman could spell out what he is talking about. Specifying religious inclusiveness and recognition of different religious perspectives is not the same as allowing a religious perspective to inhibit what we might teach young people. We need to give every young person, whether they have relationships with the same sex or different sex, the right education and support to have healthy relationships and to feel good about themselves as well.

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[Edward Timpson]

May I begin by congratulating the hon. Member for Walthamstow on a stoic effort when she is clearly under the weather? I wholeheartedly agree with the hon. Members who have spoken in what has been a helpful debate in teasing out the issues that surround these sensitive subjects. Now is the time to make sure that every child has access to effective, factually accurate, age-appropriate sex and relationships education and PSHE. That is why we are responding positively and strongly to calls for further action. I am grateful to the hon. Members for tabling this new clause.

Perhaps surprisingly, we have ended up with a greater level of consensus on this new clause than we have had on previous new clauses. As I have said in previous debates on the Bill, we hear the call for further action on PSHE and we have committed to exploring all the options to improve delivery of SRE and PSHE. We are actively looking at how best to address both the quality of delivery, rightly raised by the hon. Member for Stretford and Urmston, and accessibility to ensure that all children can be supported to develop positive, healthy relationships and to thrive in modern Britain today. We welcome the support in delivering this in a timely and considered manner.

The Secretary of State herself has made this a personal priority, as we have heard, and we will be able to say more at a later stage in the Bill about how the Government intend to secure provision that is fit for purpose, inclusive and supports all young people growing up in our country today. It therefore seems to me that we are all pursuing similar aims. We all welcomed the excellent report published on 13 September by the Women and Equalities Committee and the considered recommendations within it. We are unanimous that sexual harassment and sexual violence in schools in any form is unacceptable and should not be tolerated. We are much more alive to that and need to make sure that that is properly reflected in the way that we equip children in future.

As part of our response, published on 9 November, the Government have committed to work with other interested parties over the coming months to produce a framework to support schools to produce their own new codes of practice, setting out the principles for a whole-school approach to inclusion and tolerance to combat bullying, harassment and abuse of any kind. Alongside that we have also committed to building our evidence base to better understand the scale and scope of the problem, as well as providing best-practice examples of effective ways to work with boys and girls to promote gender equality and both prevent and respond to incidents of sexual harassment and sexual violence. We will also set up an advisory group to look at how the issues and recommendations from the Committee’s report can be best reflected within existing Department for Education guidance for schools, including the statutory guidance, “Keeping children safe in education” and our behaviour and bullying guidance.

Clearly, there is more that we need to do, which is why the Secretary of State is prioritising progress on the quality and availability of PSHE and SRE. In doing so, we must of course, as the hon. Member for Walthamstow said, look at the excellent work that many schools already do as the basis for any new support and requirements. As we know, sex education is already compulsory in all maintained secondary schools. Academies and free schools are also required by their funding agreement to teach a broad and balanced curriculum, and we encourage them to teach sex and relationships education within that. For example, many schools cover issues of consent within SRE, and schools draw on guidance and specialist materials from external expert agencies such as the PSHE Association, which produced the “Sex and Relationships Education (SRE) for the 21st Century” guidance in 2014. This supplementary guidance was developed by the PSHE Association, Brook, and the Sex Education Forum. It provides specific advice on what are sadly all too modern issues, including online pornography, sexting and staying safe online. The guidance equips teachers to support pupils on those challenging issues, developing their resilience and ability to manage risk.

In addition, Ofsted publishes case studies on its website that highlight effective practice in schools, including examples of how SRE is taught within PSHE. Examples include a girls’ Catholic secondary school that has used pupil feedback to enhance its programme to equip students to learn about healthy relationships and issues of abuse and consent. I do not dismiss out of hand the suggestion by the hon. Member for Birmingham, Selly Oak that innovation might have a place in this arena. There is much to commend his suggestion, and I will take it away and give it further thought.

We are also actively considering calls to update the guidance on SRE. As hon. Members have said, the guidance is out of date, and attempts since 2000 to update it have not come to fruition. The guidance is already clear that young people should learn about what a healthy relationship looks like, but it does not necessarily equip children with the skills and knowledge that they need in the world as it is today or ensure that the timeless nature of SRE that the hon. Member for Walthamstow spoke about is properly reflected.

Whatever we do, as hon. Members have said—including my hon. Friend the Member for North Dorset, in relation to faith schools—we must attempt to allow everybody with a view a chance to make their case. It is a sensitive issue, as everyone is aware, but we want to ensure that we bring as many people with us as possible. The broader the consensus, the greater the prospect that any change will be successful. As the hon. Member for Walthamstow is aware, I have already said that work is in train and we will return to these issues later, at a stage of the Bill when the whole House will have an opportunity to debate them.

[Stella Creasy]

It is great to hear that the Government are now working on this. My challenge to them is that I need some specific responses. The Minister talked about a framework. Will it be statutory? Over the last couple of years, we have seen clear evidence that because SRE is not a statutory part of the curriculum, it is not happening in too many schools. Some 60% of schools in this country are now academies; the measures that he is discussing cover maintained schools. Will his framework be statutory in all schools, including academies? When will it be introduced, and when will we see the difference?

I said to the Minister in my initial remarks that I would like him to address the question of when we will see the change. A consultation, a framework and guidance are great, but if there are no teeth—if SRE is not statutory and schools are not inspected on it—nothing will change on the timescale that we want. I say to him gently that all of us recognise the difficulties and sensitivities involved in the religious issues—that is why these matters are part of the new clause—but I am not sure that I know of any other policy area that has such overwhelming public support. The risk is that if we keep finding long grass, we can stay in it. Can he give us an explicit commitment now about what the framework will actually do legislatively?

The Minister talked about the Bill coming back at a later stage. We are at the end of Committee stage, so he was talking only about Report. That is not much time for all of us to consider it and ensure, if legislation is involved, that it will be effective. If legislation is not involved, the clear evidence is that any measures will not make a difference.

[Edward Timpson]

Just to be clear, when I talked about the framework, I was doing so in the context of the response to the report of the Women and Equalities Committee on sexual harassment in schools. It is a framework to support schools to produce their own new codes of practice on issues of inclusion, tolerance and combating bullying, harassment and abuse of any kind. It is not a catch-all framework for PSHE or SRE; it is specifically to deal with those issues raised by the Committee. It illustrates the seriousness with which the Government take those issues and the fact that we are prepared to do something about it, rather than just thanking the Committee for its work.

There is a balance—I know that the hon. Lady is trying hard to strike it—between giving the Government constructive assistance in finding a way forward and appreciating that this issue cannot be resolved with a new Secretary of State in a short period of time. There are lots of repercussions that need to be thought through. The last time that legislation was attempted in 2008-09—I think the then Minister was Jim, now Lord, Knight—that was played out for all to see. We therefore need to be careful about the process we set up and how we ensure that we bring people with us.

--- Later in debate ---

I am afraid that the hon. Lady will have to be a bit more patient so that we can ensure that we make the right response that can come to fruition—unlike the attempt by the Labour Government, laudable though it was, in 2008-09. As she rightly identified, there will be a whole range of views, and people will want the opportunity to have oxygen to express them in. We need to be mindful of that, because we do not want to set up anything to fail: that would be the worst thing we could do for children, whom we are seeking to help and support.

[Stella Creasy]

This is difficult. I thank the Minister for what he has said; I appreciate that it feels a bit as if every amendment and new clause I am involved in is a sticky wicket for him. I asked him some very specific questions about legislation and the need for legislative action on the issue, on which I think we all agree. He referred to 2008-09. There was an attempt in 2013 to make legislation, and that was pushed back by the previous Government for the same reasons that he is talking about. We have proposals and there is support for them.

[Edward Timpson]

There is an important distinction. The parallel I am drawing is with 2008, when there was an attempt by the Government to lead an independent review and to look at making changes. In 2013, the attempt was not by Government. We are talking about the Government coming forward with proposals. That is the parallel I am trying to draw, rather than looking at 2013.

[Stella Creasy]

The difference is that there was legislation in 2008-09, and the Minister will recall that it was caught up in the wash-up ahead of the general election. There is not legislation here, and that is what we are looking for now.

The parallel for me is with what my mother calls “eat the frog” moments. If a person has to eat a frog, there is no nice way of doing it, so they might as well just get on and eat the frog. There will be people who oppose whatever we try to do on this issue, and the Government cannot keep saying “at a later date” and not specifying anything.

Are we going to see a legislative proposal on Report? If we will not, then continuing to press the new clause is the best way we have of pushing to make progress. Members from all parts of the House agree that we need progress and a recognition that while we will never get it perfect, we can get good legislation. The failure to make progress over the past six years has let our children down. Unless the Minister wants to intervene and say, “We will commit to bring forward a legislative opportunity on Report”, however late in the day, I will press the new clause to a vote. It is important to set a marker.

I appreciate that Government Committee members are shaking their heads. I am sorry, but frameworks and guidance are what we have had for the past six years, and we are not making progress. As the Minister does not want to intervene, I will press the new clause to a vote.

Question put, That the clause be read a Second time.

Children and Social Work Bill [Lords]

Stella Creasy Excerpts

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

[Edward Timpson]

The moral aspect is already covered by British values and the teaching of citizenship, and that is in no way curtailed by these provisions. As for the question of what is age appropriate, the concept already exists in the current system. I repeat that the Bill will be underpinned by regulations and statutory guidance, which will set out in more detail exactly how it will be translated into reality. That is a strong and consistent approach, which we think will strike the right balance between enabling children to develop the resilience and skills that they need and ensuring that that is done in an age-appropriate way.

We know that many schools are already teaching these subjects, and that some are doing so very well, but we believe that it is right for us to do all we can both to provide universal coverage for all pupils and to improve quality. Given the increasing concerns about child sexual abuse and exploitation, and the increased risks associated with growing up in a digital world, there is a particularly compelling case for action in relation to pupil safety. New clause 15 places a duty on the Secretary of State to make relationships education in primary schools and relationships and sex education in secondary schools statutory by means of regulations. We believe that that is the right approach because it will allow us time to engage with a wide range of interests and expertise. The outcome of that engagement will feed into the legislative process for making these subjects statutory, as well as the guidance that will help schools to deliver high-quality, inclusive relationships education and RSE.

New clause 16 creates a regulation-making power to enable the Secretary of State to make PSHE statutory. We are aware that the most pressing safeguarding concerns relate to relationships and RSE, but it is evident that wider concerns about child safety and wellbeing relate to the life skills that the subject can cover, such as an understanding of the risks of drugs and alcohol and the need to safeguard physical and mental health. We therefore believe that it is important that we are able to make PSHE, or elements of it, statutory as well, and have the time to consider carefully the fit between the content of relationships education and RSE and what might be included in the PSHE curriculum. The work to consider content will begin this spring, and we expect that it will result in draft regulations and guidance for consultation this autumn. Following consultation, regulations will be laid in the House, alongside final draft guidance, allowing for full and considered debate, and we expect that statutory guidance will be published in early 2018, once the regulations have been passed and at least one full year before the academic year 2019-20.

We do not think it is right to specify in primary legislation the exact content of the subjects, as this would be too prescriptive and would remove freedom from schools and run the risk of the legislation quickly becoming out of date as the world changes ever more quickly. The Department’s external engagement will determine subject content, working with a wide range of experts and interested parties. We will ensure through careful review and consultation that our work results in a clear understanding about the full set of knowledge and skills that relationships education, RSE and PSHE should provide.

Our proposed legislation is also clear that subject content will be age appropriate. We expect the new subject of relationships education for primary schools to focus on themes such as friendships, different types of family relationships, bullying, and respect for other people. We see this as vitally important in laying the foundations for RSE at secondary school.

Across relationships education and RSE, we expect to cover in an age-appropriate way how to recognise and build healthy relationships, and how they affect health and wellbeing and safety online. This can include dealing with strangers, respect, bullying and peer pressure, commitment and tolerance, and appropriate boundaries. I want to emphasise again to hon. Members that our priority will be to ensure that content is always age appropriate. In RSE at secondary school, content would also include sex and sexual health, all set firmly within the context of healthy relationships. In relation to online issues, internet safety is a cross-Government agenda, so these plans are closely aligned to the internet safety Green Paper due later this year.

In addition to relationships education and RSE, we acknowledge that pupils need to access other key knowledge and skills for adult life, and those are generally covered in PSHE. For PSHE, we want to take the time to consult widely, as I said, on what the subject content could best look like, respecting what our engagement process determines as the right content for relationships education and RSE. We will be looking at what might be needed under the broad pillars of healthy bodies and lifestyles, healthy minds, economic wellbeing, and making a positive contribution to society. We would expect this to include issues such as keeping safe, puberty, drugs and alcohol education, mental health and resilience, and careers education.

Schools will, of course, continue to teach in accordance with the Equality Act 2010 and the public sector equality duty. This means that schools can consider how best to teach subject content taking into account the age and religious backgrounds of their pupils and any other relevant factors, but not whether to teach the content.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

Given that 45% of primary school children have experienced, or are aware of, homophobic bullying, can the Minister clarify how that fits into the curriculum at that age?

[Edward Timpson]

I have indicated that we expect bullying to be covered in primary school, and of course we have to cover all facets of bullying, as it comes in many forms. Of course, it will be a matter for the school to make sure that that is age appropriate, and it will start to put in place the building blocks of the development of that child’s understanding, ensuring that by the time they move on to secondary school they are well placed to move on to the next level of subject matter that they will need to understand.

Schools will need to ensure that RSE is inclusive and meets the needs of all young people.

--- Later in debate ---

[Mr Speaker]

I would like to accommodate more colleagues, so extreme brevity would be hugely helpful.

[Stella Creasy]

In the light of your request for brevity, Mr Speaker, let me be clear that there is a common thread through my points and the amendments that I have tabled: inclusivity, which Members across the House probably support in principle, but in practice, the devil is in the detail of the amendments, and that is why I want to speak.

First, on sex and relationship education, I welcome the moves being made by the Government. It has taken seven years, but finally we will right the wrong whereby while composting and compound interest are on the curriculum, consent is not. I ask the Minister to look at the wording of new clause 1, its explicit reference to same-sex relationships and the importance of being clear during the consultation that we will make sure that children are able to talk about every relationship that they have or may come across in life, and be taught to value them equally. That matters, because 95% of lesbian, gay, bisexual and transgender children say that they were not talked to at school about same-sex relationships. When that is so much part of the modern world, it is important that we include it in the modern training that we give our children.

Not least, I want to raise the concerns of teachers from Walthamstow, who said to me that they still live under the spectre of section 28 and the idea that there are things that they cannot talk to children about. The Minister knows my concern that use of the word “appropriate” in his legislation may raise that worry for teachers, so today I look for him to say explicitly that he expects same-sex relationships to be part of the curriculum; that he expects that when bullying is talked about in schools, homophobic bullying will be addressed, at both primary and secondary level; and that we will find a sensitive and religiously inclusive way to cover issues around same-sex relationships, in line with the Equality Act 2010. We should not trade off making progress on some areas of society—through bringing in an ability to talk about consent and domestic abuse—against not making progress on gay rights in other sections of our society. The Minister will point to the 1996 wording that the legislation echoes, but we had section 28 in 1996; this is 2017. Let us make sure that when we make progressive legislation, it is truly progressive.

It is important that we have inclusivity when it comes to child refugees. That is why I want to raise amendment 1 and speak in support of new clause 14 and amendment 2. In October, I asked the Prime Minister to tell us what had happened to the 178 children of whom her Government had been notified who would qualify, under the Dubs amendment, to come to our country but had gone missing from France. Six months on, I am still waiting for a response, but those 178 children are just a fraction of the 10,000 children who have been reported missing in Europe over the refugee crisis. Some 120,000 unaccompanied children—orphans—have come to Europe since 2015. The Dubs amendment is designed to help those children. We agreed as a House that we would do our bit for them, but what kind of a “bit” are we doing? We are talking about 350 children, which equates to 0.002% of all unaccompanied child refugees in Europe. When we debated Dubs, we talked about 3,000 children, which would be just 0.025% of them.

It is right that people should be concerned about what other countries are doing and that we hold the French, Greeks and Italians accountable for their treatment of these children, but Turkey alone is taking 2.8 million Syrian refugees; how can we hold our heads high if we do not do our bit as well? The Dubs scheme is about us doing our bit.

New clause 14 is explicit about safeguarding the children who have applications for transfer—the children in the camps now. I agree with Members who talk about pull factors; the pull factor is safety. We are talking about Afghan children running from the Taliban, Sudanese children running from rape and murder, and Oromo children running from political persecution. They are pulled to our shore for safety. Closing the Dubs scheme will not stop that pull factor, but it will make the traffickers the most attractive proposition those children have. Crucially, amendment 1 and new clause 14 identify our responsibility for involvement in the safeguarding process; we should involve not just the Home Office but the Department for Education. That is where amendment 2 comes from.