Select Committee on Education and Skills Minutes of Evidence


Examination of Witnesses (Questions 120 - 139)

MONDAY 13 DECEMBER 2004

MR DAVID BELL, MRS ANNA WALKER CB, MR STEVE BUNDRED AND MR DAVID BEHAN

  Q120  Helen Jones: I wanted to go back to something Mrs Walker said actually, because it worried me a little. When you were commenting on the "stay healthy" outcome, you talked all the time in terms of services for people who were ill. You talked about care for people. It seems to me that is not what it is about. I want to ask you whether we actually have the systems in place to look at health across the board, because this is not simply about treating children who are sick; it is about making sure they grow up healthy, and that means we have to look at how we look at the patterns that are set for children in pre-school, we have to look, as Steve Bundred rightly said, at open spaces and recreation. We also have to look—and it is a particular bee in my bonnet, I must confess—at the meals that are served up in schools. None of that was mentioned. How are we going to make sure that those types of things are catered for in the inspection framework? Schools will tell you, "It is nothing to do with us. It is not our problem. We have all these vending machines and they are making a lot of money for us. The meals—well, what can you do?" They shrug their shoulders at you a lot of the time. How is that sort of thing being taken into account? I use it as an example, because after telling us you were developing this joint inspection framework, what I then heard from you was about how things had always been done in health, and not the links between health, education, recreation and so on.

  Mrs Walker: If I can come back on that, I am sorry if I was misleading. There was a particular point I wanted to make, which I will come on to at the end. The remit of the Healthcare Commission, which is a new statutory remit as we are a new body, actually includes both health care and health, which is actually extremely helpful from our perspective, because it allows it to be a driver of our work and absolutely ensure that we are not just looking at the traditional role of the health care organisation, but how they are working with others to bring about the broader health outcomes that we are after. That is our statutory remit, and over and above that, the standards that we inspect against, which are the Government's Department of Health standards, to get on to the so-called developmental standards are all about health care organisations working with others for the health of the population as a whole. So I actually feel that the framework and the drivers that we have in our system will ensure that we, as inspectors and the health care organisations, look at the wider remit. The point I was trying to make—and I am sorry if I was not clear about this—is that the national service framework actually highlights that there are within the health care system some gaps that we need to close, and we need to do that for children as well as ensure that the partnership joined-up working is going on for the broader health reasons.

  Q121  Helen Jones: I understand that but I want to come back to my point. You talked about health care organisations co-operating with others. What I want to know is how, in a joint inspection framework, you look at health across the piece. It is not just about health care organisations co-operating; it is about what schools do, it is about what councils do.

  Mr Bundred: Could I just add on the local authority side that the shared objective, the shared priority between local and central government which relates to building healthier and safer communities is one of the themes within the corporate assessment that will be undertaken for the CPA, for our comprehensive performance assessment, and so within that we will be looking at things like the progress that the local authority is making to achieving the decent home standard, for example. So that whole public health agenda of the contribution that the local authority is making, both through the delivery of its own services and through its leadership role in local partnerships, will be a feature of CPA.

  Mr Bell: Can I just make one cautionary comment, and that is we cannot and nor should we attempt to inspect everything. You might think that is a strange thing to come from inspectorates and inspectors, but I think it is an important principle that we should not attempt to do everything that we could possibly inspect. One of the key tasks for us in judging where to put our inspection time and activity is to get to the right places, and I think one should not underestimate the general climate either. I think health is a very good example. People are talking about the health of school children, they are talking about physical activity and exercise, and they are talking about diet. They are talking about a lot of those things perhaps in a way that even three or four years ago people were not talking. I think we should see that as a positive sign, that we have people thinking, talking, doing things about health. What we cannot guarantee to do however is come behind every aspect of that and inspect it. So we have to be careful that we do not over-expect what inspection can do, even in a joint arrangement such as this.

  Q122  Chairman: That leads us to some very interesting questions because, in a sense, on the one hand, the public could quite fear that your inspectorate would really in theory inspect almost everything. To give you an example of that, some of the questioning is directed, of course, to Anna because it is the health sector that has less of a history of working across the piece in cooperation. All of us, as constituency MPs, know the difficulty of that relationship with people like individual, single-handed GPs, health visitors and so on. The health system has its great strengths and also its great weaknesses. I suppose the crunch comes, Anna Walker, in terms of sharing of data, does it not, and just how that is going to work across the piece? Let me give you an example. If a GP knows that a patient is a drug addict or an alcoholic, and that might lead to the vulnerability of the children of that family, is that to be shared across the piece?

  Mrs Walker: There is, of course, huge confidentiality about the position of an individual patient but it is often the case that we have a lot of information that we can aggregate and which actually then does tell us something about drug misuse in a particular area or obesity in a particular area or issues about children's health which we can then use to ask questions about that health care organisation's activity and we can use, with the setting of targets which can reflect local needs and can encourage improvement in the system—because, as I am sure you know, from 2005-06 the strategic health authorities are going to be looking at local targets with the local organisations, and our job will be to monitor against those targets. Those targets, I think very encouragingly, are explicitly to be not just about health care issues but to be drawn up alongside local authorities so they take account of the health needs of the population as well. There is something else actually that we are trying to put into the system, which is about encouraging health care organisations to look more broadly at the health, one way or another, of the population, and that is that for the first time from 2005-06 the assessment of the health care organisations is not going to be just a question of our assessment of that organisation, but it is going to take account of the views of local partners as well, so the patient forums, the local authorities, the strategic health authorities are actually drawn for the first time into the arena of whether that local health care organisation is performing for the broader needs of the population. In a sense, there is a bluntness in the instrument, but what we hope is that it is encouraging it in the right direction.

  Q123  Chairman: We can see, Anna Walker, that that is a good answer in terms of how you are going to drive up systemic improvement—we can understand that—but it does not really answer the question I asked about sharing information and what is going to be a protected piece of information about an individual and what is going to be shared. Earlier in my questioning I asked about the difference between protecting the average child and the vulnerable child. We all know that one of the real problems is how quickly you can flag up that a child is vulnerable, and in my experience as a constituency Member, it is the health visitor who has access to domestic property is a crucial one, whereas a social worker will very often be kept at the door. That has certainly been my experience historically. It is A&E when a child is brought in with unusual injuries. If all this inspection is not going to end up with any shared information, at what stage does a GP, a health visitor, a hospital doctor say "I think social services ought to know about this"? What is the improvement in the system if they cannot do that?

  Mrs Walker: Our own code of practice and those of the GPs and the health care workers is to share that information when they believe that there is an issue that actually does need to be investigated and pursued. That is our own role, set out in our code of practice for how we deal with this question of confidential information, because in some cases we recognise that the issues are such that that confidentiality may need to be breached for broader purposes.

  Q124  Chairman: Where is that code of conduct?

  Mrs Walker: That is our own code of conduct, something that we have actually consulted on, making it clear that when we do believe that we, as an inspectorate, are in receipt of a piece of information which we believe needs to be acted on, we can act on it even if there is a breach of confidentiality, but we will try to protect information about particular patients or circumstances where we can.

  Q125  Chairman: So in order to get that information, would that individual case have to be put to you?

  Mrs Walker: No. What is most likely to happen actually in our particular case is that somebody comes to us with some serious concerns about a particular case, and we get that through complaints and also through procedures for whistle blowing activities for staff. Those issues we will take very seriously indeed, and we will investigate or pursue as necessary if we believe—our phrase, and I am sorry because it sounds so bureaucratic—that there is patient safety at risk. Our whole system is geared to ensuring that we act as we can.

  Q126  Chairman: How would that work in a school, David, in terms of a child that was coming to school and there were clear signs of something pretty disturbing going on in the home background? How bound are you by the sensitivity of that information?

  Mr Bell: We have quite a lot of experience of this, Mr Chairman, particularly in our Early Years work, where often complaints are brought to our attention. We make the general point that we are not a child protection agency. However, we have information and we are prepared to work with those that are responsible for child protection. So, to take your specific example, if, say, during the course of an inspection—and this would be very unusual on a school inspection—an inspector picked up some information, their responsibility would be to feed that information to the head teacher, who in most cases would be the designated person responsible for child protection, who has certain responsibilities to inform local social services. Similarly, in relation to our work in early years, if a parent phoned up and made a complaint and we felt that complaint was beyond a complaint just about car parking outside the child minder but actually raised some very serious issues, we have established protocols within Ofsted about how these are dealt with, and we certainly have a within-the-same-day notification to the local social services authority where we have a child safety or child protection issue. I think it is important that the inspectorates, whilst not child protection agencies per se, have in place systems for doing it. The other comment I was going to make about this whole issue is, Mr Chairman, I hope you will be reassured to know that in one of the elements of our framework that we are consulting on, one of the ways in which we will judge the effectiveness of the management of services for children and young people is the extent to which they work co-operatively with partners to share information. It is a key issue for us in the inspection system. One is to look at the individual child or person concerned, but you would see what shared protocols there are, what the procedures and information flows are, because if they are unclear or people are uncertain about them, that should cause us some concern, in particular the sorts of examples you have described where information really does need to be shared between agencies.

  Q127  Chairman: You can see why the Committee wants to probe this, because the creation of the Children Act is very much related to a particularly tragic case—not entirely—and the public would feel cheated if we had set up a whole new framework that actually did not address the ability to be more sensitivised to when those sorts of vulnerable children were really at risk.

  Mr Bell: We need to be sensitivised to them, and I think that the way in which we have put this together demonstrates how sensitive we are to those gaps in services, those information flows. What I would want to say though, Mr Chairman, is that on inspection, however effective our services are in local areas, we can never give an absolute guarantee that a child will never come to harm again. What we try to do at service delivery level and inspection is to try over time to identify the greatest risks, and then seek to minimise those risks, hence the priority given to information sharing, because that appears from some of the headline cases to be one of those areas that is of most vulnerability.

  Q128  Chairman: But we do know that sharing of information is the key to this, is it not? All the history shows sharing of information and knowing across the piece. There are areas of confidentiality that make that difficult and that is of concern to all of us that want to avoid another tragedy. They will occur. We are human beings. There will be others, but what we are trying to push you on is that in a sense we know in institutions, in pre-school settings, in anything that is institutional, your remit will run. What about the more marginal areas, the work that Professor Pascal has done in Birmingham about children that disappear because they are in refuges, that are very difficult to track? Do you have a competence over places like refuges? How does that operate, when you get to the difficult things for bureaucracies to follow?

  Mr Bell: This week, for example, we commented on those young people who disappear from the education system, and actually, one of the points we made this week is that these young people become more and more vulnerable because they are often wandering the streets, and, if they are below 16, they are certainly not under the care of any educational establishment. It is in a sense by definition harder if they are outside the system, and what we have tried to do is to bring in services. To give you a specific example, when we carried out some work looking at alternative provision for key stage 4 youngsters between the ages of 14 and 16, we were quite surprised how much of that was unregistered, and we made the point about that. Some people said, "That's just bureaucracy. These agencies are providing good services." I would actually argue it is far more than bureaucracy, because if you do not have registered provision, there is no requirement to say who is there, and if you do not know who is there, how do you know what is going on? So I think it is important that, if we can identify those different sorts of services that provide, we have them within the orbit not of bureaucracy or regulation but in the orbit of sight, so we can see them and we know what is going on.

  Mr Behan: It is a fact that the current guidance that all authorities work under in relation to sharing information is "Working Together under the Children Act", and that lays out quite clearly the duty that individuals are under to share information where they think the safeguarding of a child is an issue. What Lord Laming's report into Victoria Climbié exposed are the issues about that being implemented at a local level. So one of our roles as inspectorates is to ensure that we are focusing on precisely this group of children that you are exploring in your questioning to make sure that those children are indeed being protected. So, as David said, we will look at the arrangements for partnership that are in place, particularly the new arrangements for replacing child protection committees, safeguarding boards which will operate at a local level. We will want to know that they know the children that are in those communities that are at risk and that there are robust plans in place to deal with them. As David said, never say never, but what we are looking for is to ensure that people are clear about those and, as you said, what the Victoria Climbié case identified is children that previously had not really been seen by authorities: a child from Africa into France and then from France into England. I think what that has done is heightened the awareness of how systems need to operate at a local level. Our role as an inspectorate is to ensure that we are clear in the way that we are working with authorities at a local level about how they identify the children in their area, asking questions, not just about children that may disappear but children that we know about, children that may be involved in prostitution, for instance, all those groups, to make sure that there are partnerships in place locally that are working to develop those services. I think that is a distinction I would draw between our role as inspectorates and what the local services need to be doing about sharing information. If as part of our inspection activity we are looking at a particular case or indeed speaking to a child or an adult, and there are particular concerns reflected to our inspectors, then again, we have protocols to share information about what that child or that adult share with us. One of the things behind Helen Jones's question took me back to the debate that was going on around the time the Green Paper was being developed on the back of Lord Laming's recommendations, and it was about the importance of services intervening early and developing preventative strategies. So to go back to the outcomes that we were talking about earlier, there are a number of outcomes in there about prevention: preventing suicide, preventing children being absent from school, which are all designed to ensure that the appropriate preventative action is being taken to ensure that there is that web of services at a local level designed to prevent some of the problems that might occur to children. Again, our job is to ensure that partnerships are in place, and they are aware of the needs of children, and preventative strategies are being adopted, not to intervene when problems have become acute and chronic but to intervene at an early stage to ensure that children are not passing through services, particularly vulnerable children, so that we are getting that fabric of services around them. A lot of the debate about how local partnerships will operate through early years work, for instance, are designed to identify problems that might occur at a later stage and begin to weave that web of services that there needs to be at a local level. One of the questions we might ask as inspectorates on a children's inspection would be about the fabric of preventative services that are being developed at a local area and whether it is related to the needs of the local population so that services can be targeted and directed. As my comments suggest, I think this is one of the key areas. We need to make sure that we are looking at vulnerable children as well as at all children through the inspection activity we take forward.

  Q129  Valerie Davey: It seems to me that if as an education service we have lost 10,000 children off our books, then all the sensitivity about the issues you are talking about becomes almost irrelevant. Victoria Climbié was known: she was known to social services, she was known to the church, she was known to the school, and we failed her. What about the children who are not known, and what about this 10,000? I do not think we can go on. I can remember coming into national politics in 1997, when there were 13,000. It is give or take that figure still. What are we doing about those 10,000?

  Mr Bell: It is an issue that we do look at and we will continue to look at in the future under this framework, what local authorities and schools are doing. It comes right down to that level. What is the institution that knows those children best? It is the local school. Every child has to be registered either on the books of a school or in a pupil referral unit. What tends to happen in some cases, sadly, is out of sight, out of mind. Do not forget we are talking about some of the most damaged and difficult young people, and if they do not turn up at school, sometimes people think "Thank goodness they are not here," because it is less hassle for everybody else, including students and teachers. People do feel that, and what happens is these youngsters drift off, and then after a while there is a referral to an education welfare service, and actually, it then becomes more and more difficult. We should not lose sight of the number of young people, certainly of 15 plus, who are away from home and are actually out all together. So it is not a case of somebody can go up to their house and knock the door and say "Why is such and such not at school?" Many of these young people just go elsewhere. I think the issue starts all the way back that, however difficult a young person is, it is the school's responsibility to alert those services that are going to do something alongside the school as soon as possible. I agree with you. I think it remains one of the most alarming aspects of our education system that so many youngsters just drop out of view.

  Q130  Valerie Davey: So the outcome of staying safe is fundamental, and the less we know that children are safe, then we cannot actually implement the other outcomes.

  Mr Bell: It is a bit like school attendance, when we say "If you don't turn up, you won't learn." If we do not know where you are, how can we tell if you are safe?

  Q131  Chairman: I was just pondering on some of the answers we had, Anna Walker, from you. I have a note from one of our special advisers that the Royal College of GPs has indicated they would be prepared to share sensitive information about particular cases within the primary health care team but not beyond that, and especially not to the sort of database envisaged by the Children Act. Is that an accurate reflection on the situation?

  Mrs Walker: I am not aware of that position. I am again very happy to take that away and come back to you on it, and to see whether that position is consistent with the statutory requirements.[3]



  Q132  Paul Holmes: The emphasis in Every Child Matters is on integrated inspection teams. What exactly will one of those look like in practice? How many people will there be on it? Exactly a quarter from each organisation, or what?

  Mr Bell: Not necessarily as arithmetically precise as you describe it. A team might be somewhere between half a dozen and eight people. We would certainly expect representation in the main from CSCI and Ofsted. There will be somebody from the Audit Commission as well, and crucially, going back to what Steve said earlier, they will act as a bridge between the joint area review work and the wider corporate assessment work, and in some ways that is the sort of practical embodiment of the integration that Steve has described. In our inspections, based on what I said earlier, we will deploy inspectors from other inspectorates, including the Healthcare Commission, depending on the circumstances of the area. So, for example, we might be in an area where there were specific issues around juvenile justice, and therefore we might call upon our colleagues in one of the criminal, justice inspectorates. We are not going to be absolutely precise in every circumstance. Part of our rationale for this is that you have bespoke inspection teams to deal with particular circumstances, but that is broadly how it is going to look.

  Q133  Paul Holmes: So do the various organisations envisage that they will have specific inspectors who are trained to do this type of work and they will not be working on other projects?

  Mr Bell: We have had quite a big debate about this around the table. I think our view as a steering group of chief inspectors looking at this was we did not want people just to dip in and out with no specific training, one week here, one week there. I think it is important, particularly for those that will be doing this for the majority of their time, to have a substantial training and experience in it. Of course, circumstances will dictate. Sometimes you have to do it, but certainly from CSCI's perspective and Ofsted's perspective, we are likely to have a cadre of people who will be doing this for the bulk of their time and we think that is the right way to do it, because this will require specialist expertise and we think it is important we devote sufficient resource to doing it.

  Q134  Paul Holmes: Why the difference then from Ofsted's point of view? ATL, in the evidence they have submitted, have said—and they will be reassured by what you have said, I think—that the current practice of using contracted-out casual labour for school inspections has made it more difficult for Ofsted to get consistency of expertise and judgment. Why adopt a different approach for this type of inspection?

  Mr Bell: The ATL certainly framed that in a particularly pejorative manner, it has to be said. The point is that we want to use in the main full-time inspectors working on this business. That would be consistent in fact with what we have done in our previous lives. For example, when we work with the Audit Commission on LEA inspection, although we use some people as additional inspectors, in the main it is the full-time staff of Ofsted, and it is the full-time staff of the Audit Commission. It has been the case in the work we did previously for the social services inspectorate. In the main, we use our full-time staff. You might say that still does not answer the question of why there is one approach in one sector. There is simply an issue of numbers. You have 24,000 schools to be inspected. We have 150 upper-tier authorities to inspect if one is looking at the council functions, and therefore it is more do-able to do it with your own staff. Certainly I know that historically, the different organisations have had additional inspectors to join their teams, although these have often been people who have been quite experienced and built up an expertise in this kind of inspection activity. There is one other comment I would make about this—we have made it twice before and I think we should make it again—there are certain things that we will no longer be doing as discrete inspection activity, and we think that is part of our contribution to making the inspection system more proportionate. There will no longer be a freestanding local education authority inspection, there will no longer be a connection service inspection, there will no longer be a 14-19 area inspection, and my colleagues will be able to cite the things that they will not be doing. That is very important if these arrangements are going to be proportionate, and we think that is a vital principle, and it is an important way of reassuring people that we are not going to over-inspect them.

  Q135  Paul Holmes: Steve said earlier that they had already started training inspectors for this role, and David Bell said the same, and you are going to expand that after Christmas. How joined up is the training? At the moment is it separate training for separate institutions?

  Mr Bell: No. We are bringing the people together to train jointly. We think it is terribly important. Steve might want to talk about the corporate performance assessment part of CPA, because obviously that is separate, but certainly Steve's colleagues will be part of joint area review as well, and they will be part of that training. No, it is a very important principle that the people that each of the inspectorates are likely to use come together and train together. That is terribly important. It would just miss the point if we went off and trained our own people completely separately.

  Q136  Paul Holmes: So the training that both of you referred to as already having begun is joint training?

  Mr Bundred: The training which has already begun in relation to corporate assessment has not been joint training yet, but those people who will be undertaking corporate assessments will additionally receive joint training for the role that they will play in the joint area review.

  Q137  Chairman: What about early years? You have two levels of inspection at early years already. You do two different kinds of inspection depending on the early years setting.

  Mr Bell: That is driven by legislation. We have Children Act inspections, which are the functions that Ofsted took over in 2001. In fact, we have three inspections actually, because we also have what are called section 122 inspections, which is where nursery education has an education component previously started under the nursery voucher scheme, and thirdly, we have section 10 school inspections, which also covers the early years. The Government's child care strategy which was published a couple of weeks ago by the Chancellor lays out a medium term intention for regular reform in this area post 2005 and we are all for that, because I think it is fair to say that the legislation is overlapping.

  Q138  Chairman: You do not think inspection in early years is good enough yet?

  Mr Bell: I think there are confusing overlaps. So, for example, we can turn up at a school which provides both child care and its normal business, and actually by legislation have to report separately. Under our new arrangements for school inspection we are going to make that a single inspection activity. It is something in fact we have not actually discussed this afternoon, but one of the other dimensions of children's services inspection is that we inspectorates already have to work together, for example, in residential boarding provision. As far as we can, we are aiming to inspect together at the same time, so that we avoid the burden of a provider saying, "Last week I had them, this week I've got you and I've got somebody else next week." I think there is regulatory reform still to come on this one, absolutely, and we are up for that.

  Mr Behan: There is a whole raft of our work about the regulation of services which we also think needs to be reviewed. We have recently issued a consultation document to look at the changes in the regulatory framework. The examples are we would regulate children's homes, independent fostering agencies, independent adoption agencies, so there is a similar need to get coherence about our inspection and regulatory activity across the piece, which sits next to the questions you are asking David about in relation to early years services. So we have begun the process of how we carry out the joint area reviews and integrated inspection, but we need to incorporate into that the judgments about how we regulate services at a local level and get even further coherence. Some of that requires changes to minimum standards in the regulatory framework itself and in some cases primary legislation. So it is important we carry those discussions back to Government about how we can look at the regulatory framework to ensure that there is coherence. There are some areas where we have duplication around the licensing function of fostering services; we are responsible for inspecting local authority fostering services and independent fostering services, so we could go into a local authority and ask them about the fostering services immediately following having been in currently to do a children's inspection. We think that is a layer of overlap and duplication which is not necessary, so to get a more elegant fit of the way we carry out these functions is important. There is much more to do. We have begun a process of reform and modernisation but there is more to do.

  Mr Bell: I think there are some important questions to ask about where we should stop regulating, never mind eliminate overlap. For example, one of my colleagues says that I should get out of the Whacky Warehouse. I do not think they mean me personally, but if you go to the Whacky Warehouse creche facilities, up on the wall you will see my signature saying that this Whacky Warehouse is suitable for use, so says Ofsted. If that is the kind of couple of hours maximum creche facility, you might see it on the Ikea ball park or whatever, is there a question about whether the state should be regulating that kind of activity? That opens up all sorts of other questions. People say, "It's not as safe as it might be if you are not regulating it." I think there is a very serious debate to be had about the future of regulation and where we regulate and being more intelligent, to use an expression that Steve cited, and get out of regulating things that perhaps we should not be regulating.

  Chairman: That may be true, Chief Inspector, but the fact of the matter is that when we did our early years inquiry, what was evident from that—and Helen and Val will remember this—was that what was of great value, reasonable high quality delivery at the earliest stage, even in terms of the setting of the Whacky Warehouse, was that you picked up problems early on. In the case that we were looking at, special educational needs problems could be looked at and moved on much earlier in a child's development. I hear what you say but I think we have to have a longer conversation on that before we would be fully convinced. Even in terms of the vulnerable child, the earlier you notice the child is vulnerable the better.

  Q139  Paul Holmes: Ofsted's empire grows and grows: schools, FE, nurseries, play groups, child minders, Whacky Warehouses and now you are the lead organisation covering everything from health to social services in this respect, yet like all the rest of the civil service, you are supposed to be getting rid of 20% of your staff. Can you take on all the extra functions and get rid of one-fifth of your staff?

  Mr Bell: The important thing to say in relation to children's services is that we are collaborating with other organisations, and it has been a serious consideration for all of us. It is not just Ofsted that is subject to these reductions; my colleagues here in all the inspectorates are subject to the same requirements. The other financial pressure, if I can put it that way, probably comes from the centre of Government, saying what is all this going to cost? Is it more burdensome than it used to be? We have devised a system that we have to be able to fund within our existing and future budgets. That is the case for Ofsted; we factored this into the budget reductions that you have described. I know my colleagues have said exactly the same. They will fund the contribution that they are making to this, and they are going to have to fund that against a reducing base, because all of us are having to make reductions in line with the Chancellor's spending programme.


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