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Amendment No. 248ZG would insert the definition of “well-being” into Clause 110 regarding the functions of the chief inspector and his duty to keep the Secretary of State informed about improvements in well-being.
Amendments Nos. 248ZE and 248ZF have been suggested to us by the NSPCC, which believes that a function of the chief inspector should be to keep the Secretary of State informed about the quality of improvements in outcomes achieved by children in receipt of social services. The wording of the Bill relates to Ofsted’s current inspection methodology, which has a very prescriptive, standards-based approach, lacking in user-focused outcomes, in the opinion of some. A reference to improving outcomes and well-being, as set out in the Every Child Matters Change for Children programme is essential to ensure that the focus on children and young people is maintained, and in particular, the focus on the most
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Amendment No. 248C puts a duty on the Children’s Rights Director to co-operate with the Children’s Commissioner for England. Those two roles are complementary and a duty to co-operate would formalise the current effective working relations.
Amendment No. 248A was suggested to us by the Commission for Racial Equality. It states that in the performance of the chief inspector’s functions, he,
- “shall ensure that inspections and all his other functions are carried out with regard to race equality and in particular the general statutory duty”.
Although Ofsted is currently subject to the general and specific duties, it is taking an increasingly narrow view of its obligations under the Race Relations Act. Ofsted sees its function of reporting to the Secretary of State as discretionary when patterns of inequality emerge in relation to compliance with specific or general duties. Patterns of inequality can include differential or disproportionate rates of exclusion, significant differentials in levels of attainment, disproportionate or differential rates of admission failures, admission patterns or in individual inspection reports. It is difficult to see how such patterns will emerge, given that Ofsted has stated that it sees any analysis of self-evaluation form data for such trends as being outside its current statutory duties and legal obligations. These self-evaluation form data are collated by individual schools.
Ofsted has said that its new brief reports, which we all welcome, cannot hope to cover all of the school’s statutory duties. That approach means that it is increasingly likely that schools inspection reports will not assess the extent to which schools are promoting race equality and good race relations. Ofsted currently interprets its responsibilities under the race equality duty so narrowly that it gives it wide discretion as to when and how, or even if it will inspect, assess and report on race equality compliance and outcomes. This is a particular concern, given that the newly enlarged Ofsted is taking over the functions of other inspectorates, some of which currently interpret their responsibilities more broadly, such as the Adult Learning Inspectorate which looks specifically at equality of opportunity as a distinct section. It seems that we have the marrying of organisations that take a somewhat different approach to this issue.
To be able to deliver the objectives of the Government’s wide strategy, the Commission for Racial Equality tells us that it believes there is a need for a clear requirement written into the Bill that obliges Ofsted to ensure that its inspection, assessment and reporting functions are carried out with regard to the race equality duties. That would limit its discretion and remove the possibility of continuing inequalities and outcomes in education, and so on. On top of that, the clause would help the Government to fulfil their IOSS commitment to increasing race equality and community cohesion. It will certainly help them to honour their commitment
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The last of my amendments in this group is Amendment No. 248F, which requires the chief inspector to have particular regard to safeguard and promote the welfare of children, ensure co-operation arrangements are in place to improve their well-being and promote the best interests of children as per the UN Convention on the Rights of the Child for children who are detained in secure training centres, local authority secure children’s homes and youth offending institutions, or who are in the process of being adopted or fostered. Children in these settings are especially vulnerable, and we believe that Her Majesty’s chief inspector should have particular regard to their needs. I beg to move.
Baroness Howarth of Breckland: I shall speak to Amendment No. 248CA, which would have been spoken to by my noble friend Lord Listowel, but, as the noble Baroness, Lady Walmsley, mentioned,he is unwell. I would have put my name to this amendment, but I was uncertain whether I would be here when we reached this point. I shall also speak briefly to other amendments in this group.
My noble friend Lord Listowel secured a debate in this House on 13 October last year on the joint chief inspectors’ report, Safeguarding Children. During that debate, I said that I was not convinced that the protection of vulnerable children would not be put at risk as a result of the proposals to take responsibility for children’s social care out of the Commission for Social Care Inspection and put it into Ofsted, as proposed in the Bill. In response, the noble Lord, Lord Adonis, arranged for me to meet the chief inspector of Ofsted in order to be persuaded of its commitment to children’s social care. I met the inspector and received some reassurance, and I think that we are now on the way to that end. Together with others, I will do what I can to make sure that the end is positive.
However, Amendment No. 248CA is very simple to accede to, and I hope the Minister will look at it positively. The joint chief inspectors’ excellent report, Safeguarding Children, is a precedent and an example, so I am not suggesting something new. It seems vitally important to continue that activity, which sets a benchmark regarding safeguarding arrangements, in particular for disabled children, children living away from home and children in health and secure settings. That links neatly with the points being made by the noble Baroness, Lady Walmsley, about ensuring that we know where we are in relation to those children.
By placing a duty on Ofsted to report on safeguarding children at least once every three years—which is not an onerous task—the new inspectorate will have a clear responsibility to ensure that safeguarding children issues are clearly part of its remit. It will reassure this Committee and the children’s social care community that Ofsted is serious about looked-after and vulnerable children. This duty is not intended to bind the hands of Ofsted, but will demonstrate a clear commitment to some of the most vulnerable children in our society and to working
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I shall briefly mention Amendment No. 248C, which states:
“The Children’s Rights Director has a duty to co-operate with the Children’s Commissioner for England”.
I hope that would be a mutual duty to co-operate, rather than one with another, recognising that the duties of the children’s rights director are different from those of the commissioner and that he has to carry them out in his own right within Ofsted.
Lord Lucas: In respect of Amendment No. 248F, I hope that particular co-operation will develop between the Adult Learning Inspectorate end of the new super inspector and whatever emerges by way of inspection in prisons. Education in prisons is a lost soul, despite all the efforts of this Government and previous Governments. The expertise and experience that will be incorporated in this new inspectorate would find a strong place alongside a professional prisons inspectorate.
4.45 pm
Lord Adonis: I am glad I can offer the noble Baroness, Lady Howarth, the assurances she seeks on Amendment No. 248CA. As she rightly said, the report conducted by the joint chief inspectors on safeguarding was an immensely valuable document, not only because of its focus on safeguarding, but also because of its collaborative nature, commenting on safeguarding across inspectorate remits. We are happy to confirm that this report will continue and that we will agree with the new Ofsted a basis on which that will take place.
Amendment No. 248ZB was moved by the noble Baroness, Lady Walmsley. The Government are absolutely clear that safeguarding children is an important part of Ofsted's new remit. Therefore, Clause 109 contains a list of factors for the board to have regard to in performing its functions, including,
The noble Baroness referred to the functions of the office, as set out in Clause 108. It should determine the strategic priorities and set strategic objectives and targets for the chief inspector, and subsequently to hold her to those. They are distinct from the factors that the office must take into account when establishing what those priorities will be. So we do not think that it is suitable for safeguarding children to be one of the office's functions in Clause 108. But it is precisely because of the importance that we attach to safeguarding the rights and welfare of children that Clause 109 refers to them as it does.
On Amendment No. 248ZC, of course it is essential that the views of children are listened to by the new Ofsted. We can offer firm reassurance that this will continue. In particular, subsection (4) of Clause 109 defines relevant persons as,
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That covers all users of services including children, and will be taken to be so by the new Ofsted.
On Amendment No. 248ZD, in performing its functions under Clause 109, we fully expect the office to satisfy itself that it is operating to the most suitable definitions of rights. We have every confidence that, in doing so, rights will include, so far as is relevant, rights under the United Nations Convention on the Rights of the Child, as well as the Human Rights Act, and those that may otherwise be conferred on children through other legislation.
In considering the welfare of children, the office would of course look to the Children Act definition of well-being, but also more broadly. The Children Act outcomes are highly relevant, given that they guide how HMCI will conduct her inspection functions on children.
We fully understand the noble Baroness's desire, also through Amendments Nos. 248ZE, 248ZF and 248ZG, for HMCI to keep the Secretary of State informed about improvements in well-being for children. I can assure her that the use of the word “standards” in this context does not relate solely to educational standards. We expect the chief inspector to comment as relevant on the well-being and outcomes for all users of services inspected. Where services for children are being discussed, the Children Act outcomes and well-being will of course be central to such reporting.
Turning to Amendment No. 248A, I should make it clear that Ofsted is committed to race equality and the important role inspection plays in assessing and reporting on educational performance and outcomes for children from all backgrounds. This commitment will be extended across its expanded statutory remit. Ofsted, as a non-ministerial government department and a specified public authority, already has a duty in carrying out its functions to have regard to race relations, including promoting equality of opportunity under the Race Relations Act. We believe that the amendment simply seeks to restate existing legislation.
The noble Lord, Lord Lucas, referred to Amendment No. 248F. Clause 111(3)(a) requires the chief inspector to have regard to the need to safeguard and promote the rights and welfare of children. This duty applies to all HMCI's functions, not just those covering secure training centres and adoption and fostering services. We believe that that requirement is met. For this reason, the new clause is not necessary.
Finally, the noble Baroness referred to Amendment No. 248C on the Children's Rights Director. He undertakes a valuable function for the most vulnerable children, which is why his role is being transferred to the new Ofsted. The Children's Commissioner's remit extends to all children. The two roles are clearly complementary but each has different and separate functions.
We understand that relations between the two postholders are good, and, indeed, a joint concordat between the two has been published, setting out how they will work together, which we take to be a very
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Baroness Walmsley: Before the noble Lord, Lord Lucas, takes us into the very last furlong, I thankthe Minister for all his reassurances about the amendments, which are very well received on these Benches. I have only one little quibble, which concerns the lead amendment, Amendment No. 248ZB. We should have thought that safeguarding children was a strategic target; that is why we felt that it should be where we put it in the amendment, rather than just in the functions. However, apart from that little quibble, I am delighted with the reassurances that the Minister has given us and I beg leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 109 [Performance of Office's functions]:
[Amendments Nos. 248ZC and 248ZD not moved.]
Clause 110 [Functions of the Chief Inspector]:
[Amendments Nos. 248ZE to 248ZG not moved.]
Clause 111 [Performance of Chief Inspector's functions]:
[Amendment No. 248ZH not moved.]
[Amendment No. 248A not moved.]
Clause 112 [Children's Rights Director]:
[Amendments Nos. 248B and 248C not moved.]
Clause 113 [Annual and other reports to the Secretary of State]:
[Amendment No. 248CA not moved.]
Clause 130 [Annual reviews of local authorities in England]:
[Amendments Nos. 248D and 248E not moved.]
[Amendment No. 248F not moved.]
Clauses 140 and 141 agreed to.
Schedule 14 [Minor and consequential amendments relating to Part 8]:
[Amendment No. 248G not moved.]
Lord Adonis moved Amendments Nos. 249 to 251:
“96 Additional functions(1) The Assembly shall have such additional functions in relation to the provision of Welsh local authority social services as—
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(3) In subsection (2)(b) “relevant services” means services which immediately before the coming into force of Chapter 4 of Part 8 of the Education and Inspections Act 2006 were English local authority social services for the purposes of this Part of this Act.””
“In section 133(1)(a) (failure in discharge of functions: CSCI) omit “or the Children Act 1989 (c. 41)”.”
On Question, amendments agreed to.
Schedule 14, as amended, agreed to.
Clause 151 [Power of Chief Inspector to investigate complaints by parents about schools]:
[Amendment No. 251A not moved.]
Schedule 16 [Powers to facilitate innovation]:
Lord Lucas moved Amendment No. 252:
“(2A) The Secretary of State shall not permit any project unless its outcomes will be properly assessed and published.””
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