Children’s Wellbeing and Schools Bill

Steve Barclay Excerpts

Monday 17th March 2025 Commons Chamber

[Madam Deputy Speaker]

I urge Members to ensure that they keep their language respectful at all times.

[Steve Barclay (North East Cambridgeshire) (Con)]

I rise to speak to clause 9 and the important issue of looked-after children, which I think Members from across the House care about greatly. It is for that reason that the Bill is so disappointing, because there are missed opportunities on supply and demand, and particularly on my concern—I represent a rural constituency with cheaper housing—about the concentration of looked-after children in particular communities, which the Bill’s regional commissioning fails to address sufficiently.

I will take those issues in order, starting with supply. In Committee there was a lot of discussion about profiteering, and I am sure the Minister will respond to my pointing out that the Bill is silent on addressing the real and probably shared issue of how we boost supply by pivoting to talk of the profit clawback. My concern about the profit clawback is that when the Minister comes to claw back the money, he will find that it has long since moved. It would perhaps be helpful if the Minister could clarify the estimate that has been given to the Treasury for how much the Department expects to recover in clawback, because the Opposition suspect that it will not be particularly effective.

Likewise, there are missed opportunities in the Bill for reducing demand, and I very much echo the points made by my hon. Friend the Member for Harborough, Oadby and Wigston (Neil O’Brien) in Committee about boosting foster carers—an issue that is frequently debated in this House. I accept that is not a panacea for all the issues affecting looked-after children, particularly those needing secure accommodation, but one would have expected the Bill to go further in that regard.

It is also the case that what the Government are doing about unaccompanied child migrants is further exacerbating demand. I draw the Minister’s attention to the 2023 Home Office research, which shows a massive increase not only in the number of unaccompanied child migrants, but in the number of disputed cases where people claimed to be children when there was concern that they were adults. In half of those cases—49%—the individual was found to be an adult. That is further stoking demand, and it is very regrettable that the Government are not taking action and, indeed, are reversing some of the safeguards put in place by the previous Government to reduce demand. Again, clause 9 is silent on those issues.

Given that I represent a rural community, my third and main concern is that regional commissioning risks being further detached from local communities where there is cheap housing, and where there is therefore a temptation to further concentrate looked-after children, in a way that does not join across the Government’s silos with areas such as police funding and housing. I will give the House a specific example. Because Cambridgeshire has had significant population growth but the police funding is based on the population in 2012—that is how the police grant is calculated—commissioning does not pick up the additional pressures that the Cambridgeshire force is facing, particularly in its rural communities. Those pressures are exacerbated where we have looked-after children with a troubled history interacting with the criminal justice system, and where there are challenges around unaccompanied child migrants.

Nothing in this Bill says how regional commissioning interplays with the formula for police funding, even though the data I have from Cambridgeshire police is very clear that a significant proportion of their time is spent as a consequence of this policy. An example of that are the requirements on the police when a child goes missing, which is rightly an issue of significant concern. Of course that is something for which the police should prioritise time, but having a concentration of care homes in rural communities can require significant additional resource.

Clause 9 fails to address supply and demand. What will be done about the fact that it is further divorced from the rural communities where commissioning is often placed? Given that the Government are hammering rural communities in so many areas—not least farming—how will they reassure my constituents in Fenland that the failure of the money to follow looked-after children sufficiently is going to be addressed?

I will finish with one example from the recent data coming from councils. The Home Office reimburses councils for their spending on children under 18, at a rate of between £114 and £143 a day. On 15 February this year, councils reported that the payments from central Government do not cover all the costs. The risk is that rural communities, which have been hammered by this Government on farming and in so many other areas, will have to pick up the police costs, the health service impacts and the other impacts on public services that come from more distant regional commissioners, which is exactly what clause 9 risks doing. It would be helpful if the Minister could say a little bit more about that when he comes to close the debate.

[Tristan Osborne]

I rise to support this Bill and the Government’s amendments. Specifically, I will talk to new clauses 18 to 22, on corporate parenting; new clauses 44 to 46, on kinship; and new clause 36, tabled by the Conservatives.

As a former teacher in secondary schools in Kent, I believe these measures are overwhelmingly welcomed by many of my constituents, and also by professionals across social work and social care and in the education sector. Of course, the context of the Bill and the Government amendments is 14 years of cuts to many secondary schools and social care services in councils across the country. Successive cuts have been made to the numbers of schoolteachers and those supporting children on the frontline, with many children left in contextual settings that were inappropriate, with schools constantly having to chase agencies for resolutions. Of course, we had six Conservative Education Secretaries since 2019—a revolving door that would make the average attendance officer blush.

To get to the specifics, new clauses 18 to 22, tabled by the Secretary of State, will ensure clearer responsibilities on corporate parenting. I welcome the strengthened provision for care leavers, including the responsibilities placed on local authorities to support the transition of young people into adulthood and independent living. This transition is a period of tumult for many young people, but our most vulnerable do not have the support of parents to help them manage it. I welcome the changes to the Housing Act 1996 to clarify that care leavers should not be considered intentionally homeless and should be supported.

I also support new clauses 44 to 46, which provide much greater clarity on registered providers. In my area of Medway, many young people were placed with providers where people had serious contextual safeguarding concerns, and many of these residencies were unregistered. Unsurprisingly, these children ended up being involved with the police, and with local authorities as the environment and management of these homes was in some cases unscrutinised and poor. Sadly, as chair of the community safety partnership in Medway, I regularly saw waves of criminality associated with some of these homes. I therefore welcome the measures to tighten up the audit and scrutiny of them by regulators.

In addition, I welcome the debate raised by new clause 25 and elsewhere on kinship care in the UK. Kinship care plays a vital role in supporting children who are unable to live with their birth parents, offering them a familiar and supportive environment during a challenging time. There are over 141,000 children in kinship care in England and Wales. The benefits of kinship care are significant, and children should be offered the same redress as those in foster care. Children placed with relatives or close family friends are able to maintain stronger emotional bonds, retain connections to their cultural identity and stay within their local communities. The clauses on which I wish the Government to go further on are those to support kinship care, and I urge them to continue to do so, working in dialogue with Back-Bench MPs, charities and third sector organisations.

Lastly, on new clause 36, I want to talk from my experience as a teacher about the effective management of banning mobile phones and the safeguarding components specifically linked to part 1. As a former teacher, I know this has significant merit with issues of mental health, social media bullying and screen time causing concern, which is why I welcome the Government’s position of further research in this space.

However, many schools already operate policies to this effect, including “no phones visible” policies during the school day, and before I could support any such proposals, I would need clarity about the professional distance in relation to any such amendment, including what would happen if a child were to be found with a phone—would that lead to an immediate suspension or expulsion—and what would happen if a mobile phone is concealed? Are teachers expected to challenge students and try to turn out their pockets, because for many professionals that would be a step too far? I would need to see real guidance before advising teachers about trying to challenge students who may not have a visible phone on them, but where there is suspicion that they have one.

There also needs to be further consultation work. Where do we draw the line between a mobile phone and a tablet device, such as an iPad—which many children may also bring into school—that allows access to social media? Is there not a conversation to be had with social media providers and other companies about withdrawing services for those under-18, as opposed to stopping them holding the technology, especially as we know that much of this is linked to out-of-school activity as well as to in-school activity? Further debates on this topic are needed before we simply jump to a ban.

There are many things that students do in schools that we might challenge, such as eating foods we do not approve of. However, we have to be careful because digital devices and digital literacy are important if children are to grow up into adults who understand the context of the digital devices they hold. Banning can have a cobra effect in the sense of not enabling children to learn how to manage themselves on these devices.

Many of the amendments show the importance of an holistic approach to education. The Bill and the Government amendments acknowledge that academic achievement alone is not sufficient for children’s success, and that agencies and social services have a broader responsibility to support our most vulnerable. Part 1 of this Bill links holistically to other parts, which will be discussed tomorrow, on free breakfast clubs, cuts to school uniform costs, and reforms of pay and conditions. I urge all Members to support these amendments.

--- Later in debate ---

[Damian Hinds]

With respect, there are different levels. There is non-statutory guidance, statutory guidance and primary legislation. I first had to deal with this question in 2019. On that occasion, we decided not to issue a ban. We had a big discussion about it in a legislative Committee. I am not totally sure that it was the right approach to take at the time, but it seemed to be the view of headteachers in particular that there should be no ban. The hon. Member is right that when I was back in the Department for Education, we introduced non-statutory guidance, and I believe that the time has come to write that guidance into legislation. If he will give me a chance, I will say why.

Even if something should be banned, it is perfectly legitimate to ask: why not just let schools decide? Schools know their pupils better. I have made that argument myself many times over the years on many different things. Both the Labour party and the Conservatives find ourselves in the exceptionalism territory. Labour Members of Parliament say, “Don’t tell schools what to do. Leave it up to individual headteachers.” Have they read the rest of the Bill? It prescribes what schools must do in the most extraordinary detail. It takes away academy freedoms, specifies the exact length of breakfast, and says, “You may not have more than four items of branded school uniform. For secondary schools, that includes a tie. Primary schools may not have a tie.” It includes all manner of detailed specifications, except on this one issue.

To give the mirror image, it is true that we believe, in general, that we should leave things entirely up to schools, who know their children best, but this should be an exception. As that hon. Gentleman was just saying—[Interruption.] I was not being rude; I meant the hon. Member for Basingstoke, as opposed to this one, the hon. Member for Chatham and Aylesford. In 2019, we decided not to issue that guidance, but in 2024 we did. It was clear at the time that there was an option to make the guidance statutory, if required.

Since then, the world has kept on changing. My hon. Friend the Member for Harborough, Oadby and Wigston (Neil O’Brien) talked about the continued development, tragically, of mental ill health among children and young people. We had this debate when discussing a private Member’s Bill a couple of Fridays ago. Proving causality perfectly is incredibly difficult—we will probably never be able to do it. However, I do not know about colleagues, but I do not meet many people, particularly not teachers, who seriously doubt that there is a major causal link between the two things.

[Steve Barclay]

My right hon. Friend, who has detailed experience in the Department, is speaking as eloquently as ever on this topic. Before we move on from the Government Members’ interventions, is he, like me, enjoying the slight irony of hearing them argue for consistency, when, on inheritance tax for farmers, the Women Against State Pension Inequality Campaign, winter fuel, national insurance and so many other issues, consistency does not seem to be a priority?

[Damian Hinds]

As ever, my right hon. Friend makes a compelling point. Madam Deputy Speaker, you will be pleased to know that I am coming to a close.