Like many women, I wrestled for many years to balance the responsibilities of a demanding job and the needs of, in my case, four young children. I owed a duty to my employer to give as much time as the job demanded, and I both owed a duty and cherished a wish to be with my family, enjoying their company, as much as I possibly could. I used to say that I lived with a permanent sense of guilt: if I was with the family,
I felt guilty about the job, and if I was in the job, I felt guilty about my family. In those days, there was no flexibility in work at all. The hours were fixed, and the expectations of my bosses were for many more hours than the contract strictly required. The very idea that one might plead, for example, an important speech day at one’s child’s school as a reason to leave work a little early was just unthinkable.
Over the years, many employers have become more enlightened, and slow, welcome progress has been made for many lucky workers. Now, there is a wonderful provision in the Bill that gives everyone—men and women—the right to flexible working hours. Work at home on occasions when there is something important to get done quietly without losing time in travel or interruptions from colleagues? Yes. Start late to be there for the children as they go off to school? Yes. Or start early and leave early to be there when they get home? Yes.
How many women have worked through their lunch break to complete a task so as to leave in time to pick up children from school? An American friend of mine who is a very senior banker told me that her bank had recently conducted a study into the work patterns of its employees. She told me, “We found that the first 10 or so people out of the door at close of business were all mothers of young families, and we were very concerned about that. But then we found that those women actually put in more hours in a week than most of their older or male colleagues because they worked straight through their lunch hour”. Now, there will be no need for such stress. While of course these are welcome provisions for both men and women, we know from many studies that in a majority of families women still bear the principal responsibility for childcare, so this is indeed a policy for women to welcome, and I welcome flexible working.
The second area which is good news for women, although it is one where, again, both men and women benefit, is the provision for shared maternity leave. In the past, and for many still today, coming home from hospital with a newborn means at best only a few days with a partner’s help to cope with sleep deprivation and physical weariness. After those few days, the young mother is on her own, often reaching exhaustion at the unremitting responsibility of meeting the demands of a baby.
How wonderful for the new mother now, thanks to the provisions in the Bill, to have several weeks to share the burdens, as well as the joys. How right it is for the child to be able to bond with both parents in those precious early days. The Bill gives infinite possibilities in sharing the 12-month entitlement: time together at the start, and the remaining time perhaps split so that each parent can spend time at home with the baby while the other works. What a welcome and wonderful offering this is.
I do not share the negative doubts of the noble Baroness, Lady Hughes. I am sure that many fathers will welcome this provision. Many men regret the lost opportunities to spend time with a much loved small child. This Bill gives fathers the opportunity of a proper shared role in bringing up a small child. In so doing, it may even provide one more valuable shift in
the balance of the roles of men and women in families, helping more young parents to stay together as their children grow up.
The third area where I believe this Bill will be welcomed by many women who care about the emotional and social welfare of children is the presumption of equal access for both parents after separation and divorce. All too often in recent years, the assumption has been not only that the welfare of the child implies that they live with their mother but that the wishes of the mother are paramount in determining what access is granted to the father. Denying a child adequate contact and time with both their parents is not in that child's best interest. The sense of self-worth and confidence in any child comes primarily from one's parents, and continued contact with two parents can strengthen a child's confidence, even after the trauma of divorce. I was interested to read in the Sunday Times the words of Penelope Leach, a guru of childcare in the 1980s and 1990, who said—rather surprisingly, coming from her—that even bad fathers should, with proper supervision and safeguards, be allowed time with their children, because that contact is so important for the child. Although some angry divorced mothers may—understandably, perhaps, in some cases—resent this provision, it is contrary to all we know about the interests of a child to allow any mother to use her children as a weapon in her anger against their father. I am confident that the overwhelming majority of mothers, who see how much their children both love and need their fathers, will welcome this measure. I am proud that the coalition Government whom I support have brought forward what I believe is an excellent Bill for women and for families.
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Baroness Morris of Yardley: My Lords, I will address Part 3 principally in this debate on Second Reading. However, I acknowledge that many of the other parts of the Bill offer a great deal and I look forward to discussing them in Committee, particularly after the comments made by the noble Baroness, Lady Perry. I often find myself following her in these debates, and I think that this is the first time that I have agreed with almost everything she said, so perhaps this is a very different sort of Bill than we normally discuss.
I welcome this Bill and its intentions. I think that there are many good things in it. We make a lot of speeches about two things: raising educational standards and closing the gap. It is closing the gap that we have always found very difficult, and at the bottom of that gap are very many of the groups of children and young people whom we are trying to assist in the Bill. They are children who need to be looked after, children who have a disability, children who have a special educational need and children who have had difficulty in early family life. If we can get that right, we as a nation will do a great deal to achieve our larger educational aims of raising standards across the board. I therefore welcome this Bill.
A look at special educational needs and the statementing process is somewhat overdue, so I very much welcome this provision and, indeed, some of the details. I do not quite buy into this idea that it is a revolution or that it is a chance in a generation. I do
not see it that way because, when you look at what is in the new education, health and care plans, they essentially are trying to do the same thing as statementing did but in a different way. That is happening because statementing did not work as well as we would have liked it to work. The players are still the same—the health authority, the schools, the education services, the care authorities and the parents. There is no new player in this mix. The plan comes at it in a different way to try to make it work.
What annoys me most about this is that it is about some very fundamental things in education: identifying a child’s strengths and weaknesses; setting objectives as to how they might improve and how their needs might be met; reviewing progress; and working with the family to do the best we can for the child. That is done every day in every school for children who do not have special educational needs. It is the nature of good teaching and the nature of a good school. What we fail to do, right across the parties and right across society, is to try to make that system work for children who have extra needs. For them, the co-ordination does not work, and they need it far more than many children without SEN. I see this as another step along the road in the journey to try to get better at delivering this. Nevertheless, we are far better than we used to be 20 or 30 years ago, so it is not always a bad story. If we do that, we can then perhaps get on to debating the things that we debate for children who do not have SEN, such as pedagogy, curriculum, and all those things that will raise standards.
If we are to get this right, we have to understand why integrated working has never happened before. Let us be clear: it has been open to the authorities and the powers that be to deliver what is in this Bill before this Bill arrived. If health, social care and education legislators had wanted to deliver a seamless service for children with special educational needs, they would have done it; and it is a shame that they have not done it. We are trying, all together as politicians, to find a legal structure to make it happen. I think what we can best hope for is a change of culture so that people actually say that it is a priority, that they want to make it happen and that they will roll up their sleeves and do it.
I think that, in the past, three things have gone wrong—or, rather, have been less than perfect. If this Bill helps those, it is a success; if not, it is not. One is the relationship between the different services as to whether they work. Too often in the past, education has had to beg the other services to take note. That is because the priorities have not been aligned and the budgets have not been aligned. Quite honestly, health and care professionals go to work without often thinking that SEN children are at the top of their priority list. A group of education officers go to work knowing that they are at the top of their priority list, and they have had a hell of a difficulty trying to get others to pay attention.
The second area that has not been right is responsibility and accountability. If you are not accountable for what you are meant to do, the chances are that you will not do it. The third thing has been resources. Quite honestly, we have raised expectations for children with special needs and their families that we would
give them a tailor-made plan and deliver it, and it has not always happened. So, as we go through the Bill, my test for its success will be as follows. Does it make the relationships work more effectively? Does it put responsibility and accountability in the right place? Will the resources be there to make sure that we deliver?
There is a lot to welcome, particularly taking the plan to age 25 and the efforts to make the voice of the child stronger within this whole process. However, I will concentrate on some things that I want to look at as we go through the Bill that I think deserve further consideration. I either do not quite understand them or am against them—I have not quite made up my mind. Some have already been mentioned, such as the groups of children left out of the Bill, children with SEN, children with a disability but without a special educational need, and minimum standards for care plans—I will not say too much about that because it has been mentioned.
I will pick out two points that have not yet been mentioned. One is the qualification for SENCOs. I welcome that very much. I find it strange, given that we have just dropped the mandatory qualification for headship, that we are now putting in law a mandatory qualification for SENCOs. Nevertheless, I welcome it. It looks, to me, as though teachers teaching children with special educational needs will still be able to have no qualified teacher status at all. I do not understand, if we are making it a requirement for SENCOs to have two qualifications, why those who are teaching the very same children they are organising would be allowed to do so without QTS. Perhaps the Minister could comment on this.
My second point is about pre-school learning. This is the second time that this Government have dropped the requirement for a group of education providers to be inspected by Ofsted. I am a great admirer of Ofsted; I think it plays a good part. The first time this was done was with schools which had got outstanding Ofsted inspections. I did not agree with it but I could see the rationale behind it. I cannot see the rationale for some childminders not to be subject to Ofsted when we cannot guarantee their quality. Nevertheless, I welcome the broad thrust of this Bill and very much look forward to the debate that I suspect we will have in Committee.
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Baroness Sharp of Guildford: My Lords, I, too, welcome the broad thrust of this Bill. It is a wide-ranging Bill with much in it to welcome. As always, the devil is in the detail. As the Minister made clear, it is a Bill that, unusually, comes to us having had considerable scrutiny in the other place, partly as a result of the work done in this House by the Select Committee on Adoption Legislation, and the adoption clauses have taken much that it recommended. Parts 6, 7 and 8, on paternal leave with flexibility and so forth, mentioned by my noble friend Lady Perry, owe a great deal to my honourable friend Jo Swinson in the other place.
As is the case with many noble Lords, my interest in the Bill centres on Part 3 and special educational needs. This is because I have been for some time a governor of a primary school in Guildford with
responsibility for special educational needs. As such, I shared the frustration of my honourable friend Sarah Teather when she was the Minister responsible for special educational needs at the Department for Education and published the Green Paper,
Support and
A
spiration
, which preceded this Bill. She said that the aim is to stop the agonising battle that parents face in going from pillar to post to get the support they need.
Now we have these education, health and care plans which are to replace statements and aim to provide the joined-up thinking and action that have so often been absent in the present policies. These plans are now, where appropriate, to apply to all children from pre-school through to 25, an extension which I welcome particularly because we all know that early intervention, if possible, can be the most effective action. Many of us have seen cases of young people leaving school or college at 16 or 18 who have sorely needed extra support and help and have not had it.
I am concerned, however, about the group of children who are currently classed as having special educational needs but do not merit a statement—those who are under school action or school action plus, as it is called. They are in the majority because of the 1.4 million children in this country classified as having special educational needs, 85% are under school action or school action plus and will not get statements. Can the Minister clarify the situation? My understanding is that, as now, the school will be responsible for providing services for these people and, in particular, it will be for the SENCOs mentioned by the noble Baroness, Lady Morris, to make sure that these young people receive the services they need.
Many primary schools, such as my own, concentrate now on individual learning plans and some very good, school-based plans are put into action. However, this puts a great deal of emphasis on the training of the SENCOs and teachers in schools to be much more knowledgeable about special educational needs, a point mentioned by my noble friend Lord Storey. We need to be aware that these young people will still have needs that need to be addressed by the school and that the school will not necessarily receive the support from the local authority that it has had in the past. I understand that schools will be able to use the local offer outlined in Clause 30 but that local authorities do not have any longer a responsibility for providing specialist services to the schools which have backed up the SENCOs. I wonder whether this will cause some gaps in services that we ought to be aware of and consider.
Like others, I welcome the idea of joined-up thinking and the bringing together of health, social care and educational needs. In the past, in my experience, there have been many letdowns on the health side. We have not had the speech therapy or educational psychology support that we have wanted from the National Health Service. I am delighted that it now has a duty. I echo those who have suggested that there ought also to be a duty to provide on the social care front and I would like to see that.
I am worried about the local offer under which the local authority has to set out information about the education, health and social care services it expects to be available locally. However, there is no requirement on local agencies to provide these specific services and
I share the doubts expressed by many of those who have been briefing us as to whether, given the financial pressures on local authorities and the general running down of their education departments, local authorities will be in a position to offer a comprehensive spread of services. The Select Committee in the other place called for minimum standards to be put in place for this local offer and I wonder whether the Minister can tell us whether the department is minded to heed this recommendation.
I am particularly concerned about the position of further education, where there seems to be a number of barriers in the way of creating the seamless transition to which we all aspire. One such barrier is finance. The new funding system which came into play this year is proving exceptionally difficult and complicated to deal with. Many colleges are finding it extremely time consuming. They often have to negotiate funding on an almost student-by-student basis. This is very awkward, especially when they are dealing with a number of local authorities. Can the Minister give any assurance that these funding issues will be resolved before the new education, health and care plans come into operation next year?
There is also a question as to why the words “must have regard to the young person’s age” are used several times in the Bill in clauses relating to financial decisions about support for those over 18. The danger with such words is that they provide, as some have put it, a get-out clause for local authorities in denying a young person the particular support services that they need—for example, special support on transport or something of that kind.
I wish to say a brief word about specialist colleges—the group of colleges, residential and non-residential, which provides specialist services for people with specific disabilities, such as the deaf and the blind. They are often centres of excellence in dealing with disabilities which require high levels of support. They are pleased to see Clause 41, which places responsibility on the Secretary of State to draw up a list of accredited independent and specialist providers that young people and their parents can choose to access. Can the Minister provide any details about when this list will be drawn up; what criteria will be used in selecting who is on it; and whether there will be any appeal procedures for those institutions that do not appear on the list but feel that they should?
Finally, I am not clear why higher education has been excluded from these proposals. If the education, health and care plans are to apply to all those studying in further education up to the age of 25, why do they not apply to students in higher education? There would be many benefits if these plans continued through university, including avoiding the need for further reassessment and assuring everyone that co-ordinated support continues for young people even when they move away from home. It is entirely logical for universities to be included within the same framework.
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Baroness Howarth of Breckland: My Lords, I say to the noble Lord, Lord Storey, that I hope that this is not the once-in-a-lifetime opportunity to debate the
progress of childcare issues for the future. I have been in the House for 13 years and have lived through a series of different Bills. Each Bill has brought progress and movement forward, just as this Bill will. However, it leaves huge gaps which, I hope, will be looked at in the future. Rather like the noble Baroness, Lady Morris, I think it is great but it is not Utopia.
The Bill has a very good heart that has three major heartbeats. Placing decision-making for children at the centre of policy is something that the All-Party Parliamentary Group for Children has asked Ministers to do for a long time. We shall continue to press Ministers to do that. Listening to children is also central. However, it is only for some children because there are circumstances outlined in the Bill under which young children, if they are particularly disabled, are excluded from being heard in relation to some of the wishes they may have about services. I know from working with children that you can hear quite clearly what they have to say from a very young age. The most important heartbeat is about working together. It was very heartening to see the logos of three different departments at the top of a letter from Ministers. I only hope that that indication of working together will continue throughout what we are trying to do here, because there is so much to be done.
I begin by asking the Minister about the strategic thinking for the whole context of children’s planning. I have a dreadful cold, so if I suddenly stop it is because my voice has gone. I am very concerned about the issues facing those who are in the front line, working with troubled families. By troubled families I do not mean the technicality that people seem to mean, but all families with troubles. This work requires real maturity, knowledge and skill. It requires an understanding of child development and family dynamics, and how they interact with culture as a whole and with a child’s environment. For social workers, independent reviewing officers, under-fives workers and many others, including teachers who are engaged in this work, there is a very high personal cost. There is sometimes a very high cost indeed in terms of the possibility of career difficulties.
We all know that local authorities are coping well in tough times. They have exciting new methods of delivery, but it is clear for all to see that with the next round of cuts, authorities will be on the verge of not coping. I wonder what the Government will do to ensure that children’s services are protected. It takes only one mistake to end a child’s life or a worker’s career. As someone who has lived through three childcare inquiries—which I am sure is not a confession I should make too easily—I know the impact this can have on an individual. I heard about high case loads when I sat on the Select Committee on Adoption Legislation, which was chaired by the noble and learned Baroness, Lady Butler-Sloss. I know about people with workloads that led to mistakes and then to their being blamed. As a community, at some point we must do something to ensure that those services are safe.
The noble Baroness, Lady Sharp, mentioned the splitting of funding for the 16-25 age group between education and social care. I declare an interest as a trustee of Livability, a charity which among other
services provides colleges for severely disabled young people. The split in funding between education and social care, which occurred a couple of years ago, is already having a real and perverse effect. When those funding packages were joined together they made sure of provision for young people who are severely disabled. These are not the kind of children whom the noble Baroness, Lady Grey-Thompson, talked about, those with the capacity to integrate into schools, but those who need personal care and nursing care as well as education.
That split means that any organisation working in this field must now go through extraordinary negotiations regarding both education and care. For many charities delivery is now becoming far too complex and expensive, with a significant loss in placements. Even if the Government try to develop a plan that integrates healthcare and education for this group of young people, I fear that the services will no longer be there. I know that there are charities other than my own which are thinking of closing these establishments, because it is just too difficult to continue the planning.
I do not want to spend too much of my time discussing links between healthcare and education, because the noble Lord, Lord Storey, and the noble Baroness, Lady Gibson, already mentioned the amendment put forward by the Health Conditions in Schools Alliance. The alliance represents the needs of a million children with special conditions. The noble Baroness, Lady Gibson, very eloquently described her own experiences in that area. I am a trustee of Little Hearts Matter, a charity which looks after children who have half a heart. I know from personal experience how very difficult it often is for parents to have their children’s needs heard when they are in school.
The Bill includes a duty for local authorities to appoint an officer who will promote the,
“educational achievement of children looked after by local authorities”.
Why can we not somehow add some requirement that they also care for children with special needs? We must ensure that they are not overburdened, but a little lateral thinking is not beyond the bounds of possibility.
I am not going to spend a lot of time on Part 1 of the Bill, although I shall take part of it in detail. As I mentioned, I sat on the Select Committee on Adoption Legislation, and I want quickly to make one point about this. The political emphasis on adoption has led to a missed opportunity to provide services across the care system, as adoption will not be suitable for a variety of children. Guardianship and long-term fostering have been shown to provide equally successful outcomes. As we said in our report,
“all routes to permanence merit equal attention and investment.”
That is also true when a child has a good enough family of their own, which simply needs support.
Time has run out, so in conclusion I want to say a word about parental involvement. The Government have specifically said that ensuring the involvement of both parents in the upbringing of their children does not mean 50:50 splits. The reference to shared parenting in the Bill has been removed, for which I personally am grateful. When considering certain private law
applications the court is required to presume that the child’s welfare will be furthered by the involvement of both parents in the child’s life, unless it can be demonstrated otherwise. The devil is in the detail of that sentence,
“unless it can be demonstrated otherwise”.
I have spent eight years as chair and deputy chair of CAFCASS, and I know what dangerous parents look like. They are not always easily identifiable. We must have great care about anything that undermines the paramount importance of the welfare of the child.
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Lord Touhig: My Lords, with some improvements, which I am sure will be proposed in Committee in your Lordships’ House, the Bill has the potential to be a landmark piece of legislation. I begin by welcoming the Government’s stated intention of improving the special educational needs system for children, young people and parents. I declare my interest as a vice-president of the National Autistic Society. I know from its work that the current system is letting down too many children, with devastating results. Just one in four young people with autism accesses any form of education or training after school. Only 15% of adults with autism are in full-time employment, and 26% of graduates with autism are unemployed. That is the highest rate for any disability group.
Given these figures, it is no surprise that the Bill is eagerly anticipated. The sentiments in the 2011 Support and Aspiration Green Paper were encouraging. I pay tribute to the then Children’s Minister Sarah Teather, who promised that parents would no longer have to fight for the services their children need. Her successor Edward Timpson has said that the Government would,
“be maintaining and, in some cases, extending key protections and entitlements that matter to young people and their families”.
Therefore, expectations are very high indeed. Some progress has been made since the Bill was introduced.
I ask the Minister to confirm one of the commitments made in the other place. May we have a guarantee that independent special schools and specialist colleges can be named by parents on education, health and care plans? The indicative draft regulations are somewhat lacking in detail on this point. Perhaps the Minister could indicate when we will see the final draft of the regulations. I have seen for myself that independent schools, such as those run by the National Autistic Society and Ambitious about Autism, often cater for children with some of the most complex needs. They offer innovative new approaches to providing specialist support, while maintaining links with mainstream schools and helping children stay anchored to their local communities. That is very important.
The new system as set out in the Bill promises to be person-centred and to take a holistic, joined-up approach to children and young people by taking into account their education, health and care needs. This is an excellent aspiration, but can the noble Lord confirm that the Bill will make this a reality? I want briefly to raise some key areas of concern which I believe must be addressed if the Bill is to deliver on its promises.
First, the Bill must protect and enhance existing rights for parents and young people. Crucially, under the current system, parents rely on their right to appeal statements at tribunal. Under the new system, only provision that is deemed to be “wholly or mainly” for the purpose of education can be appealed in this way. This effectively represents raising the bar and could restrict the ability of parents to uphold their rights and support the needs of their children. I believe that the words “wholly or mainly” should be removed from Clause 21.
Secondly, I am sure that many in this House will agree that one of the most positive things in the Bill is that education, health and care plans can be maintained up to the age of 25, as opposed to the age of 19 in the current system. Transition, as we know, can be very challenging for disabled young people, and it is important that legislation should reflect the fact that young disabled people may benefit from longer periods in further education. However, like the noble Baroness, Lady Sharp of Guildford, I am concerned that reference is made in Clauses 36, 37, 44 and 45 to the fact that a local authority “must have regard” to a young person’s age. I fear that, in these difficult economic times, this will lead local councils to refuse education to young people over the age of 19. Here, I seek an assurance from the Minister that he will act to further refine these provisions to ensure that this is not the case.
I turn now to a related matter, that of the promise of a joined-up system. I would like some clarification as to why the Special Educational Needs and Disability Tribunal cannot provide a single point of appeal for any issues concerning education, health and care plans. When a child with autism is receiving services such as speech and language therapy to help with communication or cognitive behavioural treatment to help with anxiety, how do we define whether those are educational or health needs? It is extremely difficult. It may be essential for a child to attend a school, but doing so is also likely to improve the child’s general health and well-being. Similarly, social care support such as intensive help at home for those with very complex needs or short breaks for their families are much needed and help in all kinds of ways. Parents and children certainly spend too long waiting and battling the system before they get the help they need. The local ombudsman and the myriad complaints procedures in the health service do not deliver real redress, so extending the role of the tribunal to cover health and social care in education, health and care plans would simplify the system. It would deliver real accountability for parents and help make sure that children with special educational needs receive all the services they need to realise their potential and to thrive in later life. It would also help the Government to realise their ambition of a joined-up system.
Fourthly, we must make sure that the system works for all children and young people with special educational needs, not just those with education, health and care plans. For many children with autism, specialist support is provided within a mainstream setting and without any statutory rights. At a time of squeezed local council budgets, we must make sure that there is real accountability for families as well. Councils must be under an obligation to ensure that there is sufficient
provision to meet the needs of all residents with special educational needs. The local offer must not simply be an information tool, it must have real teeth. Failure to do this will result in parents increasingly seeking education, health and care plans as the only means of enforcing their right to the support that their child needs.
Finally, the Care Bill, which is being considered in Committee, contains a number of helpful provisions around care plans and how they can be transported when a person moves into a new council area. I am pleased that the Government have recognised this and have tabled an amendment on portability in the other place. However, this amendment simply creates regulation-making powers. Can the Minister inform us of when we might see these regulations and reassure us as to whether, as is the case with the Care Bill, they will make explicit reference to the continuity of provision that children and young people can expect when they move?
I return to the point about delivering the Government’s promise. This new regime must make the system easier and more accessible for all families, not just those I would call the “sharp elbow brigade”, who are educated, articulate and have the means to work the system. If it is to be effective, we have to ensure that all disabled children and young people and those with special educational needs benefit from the Bill, not just some.
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Lord Addington: My Lords, this is one of those debates in which you discover that you agree with most if not all of what has been said but that even the one point you have that you thought was going to be unique has already been touched on by someone. In this case, the noble Lord, Lord Rix, has jumped in front of me on apprenticeships.
We have been waiting for this Bill for a long time. It is one of those things that has been coming along for a while. When I looked at its framework, I thought about what is required to make the education system work. I should say that I am going to talk only about Part 3. You start to look for what is not there, and one of the things that is not there is a specific comment about teacher training for dealing with special educational needs. We have to square up to the fact that many teachers get very little support in their initial training on special educational needs. Indeed, I am told that in some cases it is two hours.
Let us look at the conditions that those teachers are dealing with by considering the “dyses” first—dyslexia, dyspraxia, dyscalculia—along with attention deficit hyperactivity disorder. I pointed these out to a friend of mine who is not dyslexic but who said, “It would take me two hours to learn how to spell them all accurately”. Two hours of teaching is not enough. If you do not know what you are dealing with, how in hell are you supposed to give the correct support? I do not know; you are supposed to be a good teacher, so you will pick it up.
The noble Lord, Lord Touhig, has talked about the “sharp elbow brigade”. We dealt with this before when a previous Government were thinking about getting rid of statementing. It was clear that the average informed parent with sharp elbows knows a lot more
about these individual conditions than the average teacher does. They might not have perfect knowledge and it might not be rigorously tested, but they have knowledge while initially the teacher will have none. They will acquire it via the bumps and bangs of being knocked around while going through the appeals system. Unless we deal with this properly, we are not going to make the progress we should. However, I am not talking about turning every teacher into an expert on a category of disability.
I must declare my interests, which arise from the world of dyslexia, which is reckoned to affect around 10% of the population. That would make dyslexics the biggest disability group, but the condition feeds into other groups such as those related to the development of speech and language, which can be contributing factors. Having sharp-elbowed parents is a factor in the personal cocktail. If you have mild dyslexia and you come from a middle-class background with wealthy parents who can afford interventions, you ain’t got that many problems in this world. If you come from a council estate with offending in the family and no one expects you ever to pass an exam, quite often you end up in the prison system. This has recently been recognised by the Government. I had the honour with Chris Grayling of launching the Cascade Foundation, which is considering the prevalence of dyslexia in prison.
The noble Lord, Lord Ramsbotham, is in his place across the Chamber from me. If you want to find any kind of disability group, look in the prisons first, because you will find a good study sample. It is reckoned that some 70% of the prison population cannot read properly, while many studies have shown that 50% of prisoners are within the dyslexia spectrum. Asperger’s syndrome is over-represented among prisoners as well. I ask this of my noble friends on the Front Bench: can we have an undertaking to describe what will be done for those who are incarcerated in the prison system? We need to find out exactly what is to happen because it will affect the rest of it.
If we are to make sure that the people who teach are trained, we must look at those who are supposed to be supporting them, because no matter what you do you have to support people so they can identify problems, understand what is said to them, and transfer it to the classroom. I say again that not everybody can be an expert—it will just not happen. What about SENCOs? This has been mentioned before. Will they have superior training and back-up to be able to support that person? If this is done and someone is competent, the need for any type of special label will be reduced. We do not know by how much, but it will be reduced, so how this works is very important.
In the few minutes left to me, I will draw the House’s attention to the ongoing saga of apprenticeships. I first discovered a problem with apprenticeships when the then head of the British Dyslexia Association told me during the passage of the apprenticeships Bill, when the party opposite was in power, that people needed to pass a compulsory English language test. During the course of the Bill I was assured, “Do not worry, we are not going to make life more difficult”. However, the wording was not changed and people
regularly fail that test because they are dyslexic. Other groups suffer too, but I shall talk exclusively about dyslexics.
This was first brought home to me by a lad called David, who had passed every component of his test to become a carpenter, apart from the English test. He could build a replacement for the table that stands in front of us, but nobody would know it because he did not have that piece of paper that says he can do it. That is what a qualification is for. It does not give you the skill, but it says that you have it. It identifies the skill, and you can take the qualification with you and improve your employment prospects. The system fails because of that. Why can David not take the test?
At first we were told that this was in the legislation. However, I met the right honourable John Hayes when he was the Minister in charge and I told him about it. He shouted at an official—bizarrely, over a speakerphone, if I remember correctly—and told him, “Sort it out, sort it out”. Then as the meetings went on, I was told, “It is terribly difficult, you cannot do this”. Then I was told, “We can do this, but it is difficult. It has to be online and we have not formatted it”. The colleges now respond by saying that they cannot put people forward for a test that they will fail because it is not formatted.
We need some peripheral vision here. For nearly two decades we have been assisting people in the higher education sector by giving them voice-operated and other technological assistance on computers to allow them to prepare written work. In this society, how many times is anybody required to pick up a pen to provide written communication outside a classroom? Noble Lords should take that on board. It is ridiculous. I have a list here of other people who have failed. I would read it out, but I do not like reading things out—I am dyslexic.
Here are a couple of examples involving girls. One was a visual merchandising apprentice—I think that means a window dresser—but, hey, advertising sells and is necessary. Once again, she was refused entrance when it was realised that she could not get through the English assessment and the college did not have the support structure in place. Another girl doing retail failed again and was refused being put forward. An engineer passed the assessment on the third attempt by the skin of his teeth. If he had had a bad day and failed again, eventually he would not have been allowed to carry on taking it; colleges will not carry on putting you forward.
I will read out the best example. This involved somebody doing agriculture and animal husbandry. This is his final comment: “I am fed up with everyone reminding me what I cannot do. I am good at my job. My boss tells me that all the time. I even won an award from a professional body that recognised my skills, so why am I bothering with English and maths? I can count sheep and cows. Isn’t that enough?”. You have to sympathise with him. With a few lines in the Bill, the Government have the technical ability to make sure that something happens very quickly, and that person will at least stand a chance of passing those tests. I suggest that this is an opportunity that is way overdue.
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Lord Low of Dalston: My Lords, I too shall concentrate on Part 3 of the Bill. When the DfE published its Support and Aspiration Green Paper in 2011, there were high hopes among parents that there would be a genuine transformation in the support available to disabled children and children with special educational needs. The Green Paper held the promise of a single, accessible system of joined-up support, delivered through an education, health and care plan. We were promised that parents’ endless battles with bureaucracy would be consigned to the history books and instead a system characterised by simplicity and transparency would be ushered in.
In 2011, the SEN and disability sector broadly welcomed the ambitions of the Green Paper, with its proposals to create a more coherent, joined-up approach to meeting the needs of children and young people with special educational needs and disabilities. Overall, however, while the Bill obviously moves in the right direction in a number of ways—notably with the introduction of education, health and care plans—the sector does not feel that the Bill delivers on the original objectives of the Green Paper or that, as drafted, it fulfils the Government’s ambition to create a better co-ordinated and less adversarial system. The sector feels that the Bill is too focused on education-related services and does not provide an adequate framework to draw health and social care services into the system of support for children with special educational needs.
Unless this is addressed, the Bill will simply replicate and reinforce the fragmentation in the current system. The charity Scope goes so far as to say that the Bill as it stands will fail the vast majority of children with SEN—notably the 87%, or 1.4 million—who will not be eligible for the new plans; nor in some areas does it protect the existing rights of children, young people and their families. During debates in the Commons, the Minister undertook to consider a number of issues, but the Every Disabled Child Matters campaign and the Special Educational Consortium believe that the Bill still requires major improvement if it is to deliver the Government’s stated aim of better outcomes for children and young people with SEN.
As currently drafted, there is a risk that the Bill will make things worse. I have to tell the Minister that there is a real sense of frustration and disappointment out there at the Government’s lack of serious engagement with the many reasonable points put to it—notably, as has been mentioned, by Robert Buckland MP—so I very much hope that we will be able to do a good deal better now that the Bill has reached your Lordships’ House.
I have about half the time that I was banking on for my speech, so I will skip over the things I wanted to welcome. Like the noble Lord, Lord Storey, I was deluged over the weekend by briefs calling for literally dozens of amendments to the Bill. I shall mention five areas by way of putting down markers for where I shall wish to see amendments in Committee. It is beginning to get repetitive by this point, so I will touch on them only briefly, but it reveals a consensus that is developing across the House about the changes that need to be made. Before I do that, as vice-president
of RNIB, in which I declare my interest, I shall flag up the need to mirror in this Bill the requirement on local authorities in the Care Bill to maintain registers of visually impaired people.
Now for the changes. First, the Bill undermines current entitlements. I will give just three examples. As the noble Lord, Lord Touhig, said, Clause 21(5) raises the bar for accessing therapies that are vital for some children if they are to be able to access education. Secondly, Clause 34(9) means that special academies will be able to admit children or young people without having their SEN statutorily assessed or an EHC plan put in place. This creates a risk that children and young people will be inappropriately placed in special schools and undermines the principle that mainstream settings must be inclusive for all children and young people.
Thirdly, local authorities will no longer have to comply with all the current requirements in relation to statutory assessments, including time limits and consulting relevant professionals.
On the second change, like the noble Baroness, Lady Hughes, I am concerned that despite calls from the Education Select Committee, the Bill fails to bring disabled children and young people who would currently be covered by special education legislation within its scope. Research has estimated that in the region of 25% of disabled children may not have SEN, but it is just as vital that they have access to support for their health and social care needs. A good example of where the Bill is deficient in this respect is the way in which Clause 30 provides that the local offer has to include only information on services for children and young people with SEN, not services that disabled children and young people might need to use.
Thirdly, still following in the footsteps of the noble Baroness, Lady Hughes, although the noble Lord, Lord Rix, was prophetic in his anticipation of what I was going to say, the EHC plan is not yet a single plan across all three areas. Under the Bill, it remains essentially an education plan. It is not the radical reform that the Government promised and that parents were expecting. To achieve that, it needs to be amended in two ways. First, it needs to establish a duty on local authorities not just to deliver the educational provision set out in the EHC plan but to assess the social care needs of a child or young person and deliver the support identified as necessary. Secondly, it needs to provide a single route of appeal for parents, children and young people to challenge decisions about the content of EHC plans.
Fourthly, provisions relating to the local offer are too weak. Clause 30 requires local authorities to produce information on the education, health and care services that it expects to be available locally. That is known as the local offer. As such, it is purely descriptive of the services that the local authority currently has on offer. Local authorities need to be under more of an obligation to identify the needs that exist in their area and ensure that they have the services in place to meet those needs. The Bill needs to be strengthened to ensure that children and young people and their families can hold local agencies to account for the delivery of those services.
Fifthly, and finally, there is the collapsing of the present two tiers of school support, school action and school action plus, into a single category of additional SEN support. The Government are yet to produce any evidence that that will lead to any improvement in educational outcomes on the present system based on early intervention and a graduated approach. Indeed, there is a risk that it will lead to a degradation of the present system of support. As the noble Baroness, Lady Hughes, said, that concerns the majority of children with SEN—84%—who receive additional support from the school’s own budget, so we need to be sure of what we are doing here.
The pathfinder pilots were set up in September 2011 to provide the evidence on which to base the development of the new system. To date, the evidence is very thin. We do not even have basic data such as the types of needs that children have and the type of education that they are receiving. How can authorities be expected to plan with any degree of confidence in those circumstances? We must remember that the 31 local authorities involved in the pathfinder pilots were motivated to put themselves forward to test the new system and are receiving additional resources to do so. What hope will there be for the local authorities that do not have those advantages?
This is the nub of the matter. The pathfinders will not finalise their report until September 2014. That is the date when the new system is supposed to come into force. It seems essential that there is a delay in implementation if we are to get this right. As other people have said, what happens now will affect the lives of children, young people and their families for a generation, not just the term of a Government.
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The Lord Bishop of Truro: My Lords, I want to add my voice to the growing volume of Members of this House who are giving a general welcome to the Bill. I declare an interest that noble Lords will have heard of earlier: I am chairman of the Children’s Society. Your Lordships will have heard my colleague the right reverend Prelate the Bishop of Leicester say that I have the privilege of taking over from him in that capacity. I suspect that in these times of financial stringency, the real reason why I became chairman of the Children’s Society is because I share a first name with my colleague and the marketing people are delighted that they do not have to change too much paperwork.
I warmly welcome the emphasis in the Bill on listening to the voice of children. In the Children’s Society, I have the pleasure—I think that that is the right word—when I chair board meetings of always having some young people sitting with us and contributing fully to our meetings. I much commend that as a practice.
The two points that I want to make have of course already been made, so I will not go on at length. The first is something that I mentioned in my maiden speech: the importance of young carers. As others have said and as I was encouraged to hear the Minister say in introducing the Bill, I think we are moving forward to see how this Bill and the Care Bill can be
joined up. Young carers are children and young people under 18 who provide regular and ongoing care and emotional support to a family member who is physically or mentally ill, is disabled or misuses substances.
Young carers often do not receive the support that they need. A failure to identify and support young carers and their families can also lead to crisis and avoidable child protection issues. The recent report published by the Children’s Society, entitled Hidden from View, revealed the following things: one in 12 young carers is caring for more than 15 hours per week; about one in 20 miss school because of their caring responsibilities; and young carers have significantly lower educational attainment at GCSE level—the equivalent of nine grades lower, overall, than their peers.
I pay tribute to all the young carers out there who do so much to support their families, who also deserve our support. I thank the National Young Carers Coalition, which has been working together to improve rights for young carers. As I said, this Bill and the Care Bill represent together a once-in-a-generation opportunity to improve the long-term outcomes for young carers. Young carers and the organisations that support them have been calling for the same rights for young carers as for adult carers.
It is also important that there is better identification and assessment of young carers so that they and their family get the support that they need. That is why I welcome the statement by the Children’s Minister on Report of this Bill in the other place. He said:
“I have asked officials to look at how the legislation for young carers might be changed so that rights and responsibilities are clearer to young carers and practitioners alike. We will also look at how we can ensure that children’s legislation works with adults’ legislation to support the linking of assessments, as set out in the Care Bill, to enable ‘whole family’ approaches”.—[Official Report, Commons, 11/6/13; col. 267.]
I believe that that is a particularly important announcement and I welcome what I think I heard in the Minister’s introduction to the Bill: that that is our direction of travel.
Inappropriate caring roles performed by young people are not being prevented or reduced because the needs of the person for whom the child is caring are not fully met and the needs of the whole family for support are not taken into account. The separation of adults’ and children’s services is a significant structural barrier to improving support for young carers. Stronger legislation will make a difference because it will help to create the right culture to support the whole family.
It would be helpful to hear from the Minister today more about what is being done by the Department for Education and the Department of Health to ensure that changes made to the Children and Families Bill work with adults’ legislation—primarily, of course, the Care Bill—support the linking of assessments and enable the “whole family” approach to carers. I reiterate my thanks to the Government for listening and responding on that important issue.
My second brief point relates to the Office of the Children’s Commissioner, which is also covered in the Bill. I warmly welcome the reforms to the role of the Office of the Children’s Commissioner for England introduced in the Bill, and the legislation’s close adherence
to the recommendations in the Dunford review. The UK is of course a signatory to the United Nations Convention on the Rights of the Child, and England needs a commissioner with adequate powers in order to meet its obligations under the convention.
The commissioner performs a vital role in promoting the views and best interests of children and young people in England. Under the Bill, the role of the Children’s Rights Director will now fall under the remit of the Children’s Commissioner. In taking on this role, the Children’s Commissioner will be able to provide advice and assistance to specific groups of vulnerable children. That is something that the Children’s Rights Director currently does. The groups specified include children in care, care leavers, children in boarding schools and children receiving social care services. I believe that this is an opportunity to ensure that other vulnerable children who are living away from home or their families—such as, as have been mentioned already, those living in custody, separated children who are seeking asylum or children who have been trafficked—can also receive that advice and assistance.
I understand that the Government would like simply to incorporate the current role of the Children’s Rights Director very neatly into the role of the commissioner. However, this would miss an opportunity to extend the powers to cover children in other circumstances who are also deprived of contact with their families. These vulnerable children need support. Enshrining in legislation the ability to provide support for children living in custody, separated children who are seeking asylum or children who have been trafficked would be an important power for the commissioner. More importantly, it could ensure that a wider group of vulnerable children can receive advice and assistance from this very important role.
I hope that the Minister will consider this carefully during the Lords stages.
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Baroness Drake: My Lords, I wish to focus my comments on friends and kinship care. As my noble friend Lady Massey noted, up to 300,000 children are growing up in friendship and kinship care. For most of these children, family members step in to avoid children having to be taken into care, while in other instances children are placed with wider family members following care proceedings. Kinship care is by far the most common way of providing permanence and stability for children who can no longer live with their parents.
I fear, however, as do some other noble Lords, that there is a danger that the Bill overlooks the vital role that kinship carers play. While recognising the laudable desire to reduce delays in placing children for adoption, the current drafting of the Bill risks making it harder in future for the wider family to step in, particularly as it removes the duty on local authorities to give preference to keeping children with their families. It is important that the right balance is struck between accelerating the process of approving adoptive placements and ensuring that alternative permanent placements for children with grandparents and other relatives are not overlooked.
On Report in the other place, the Minister, Edward Timpson, showed sympathy for these concerns and said that he was thinking of amending the Bill to make it clear that local authorities must first consider placements with family or friends before they consider fostering for adoption placements. However, we do not yet have visibility of such an amendment. I hope that we see it soon. I know that there are many who will wish to stay with that issue and see that amendment coming forward.
Friendship and kinship carers can be caught between two different public policy priorities—getting and keeping people in work, especially women and older workers, and local authorities protecting the interests of vulnerable and traumatised children by requiring carers to give up work to look after them. This tension was raised during the passage of the Welfare Reform Bill. The noble Lord, Lord Freud, gave the matter his detailed consideration and subsequently provided for the Universal Credit Regulations to exempt kinship carers from work conditionality, looking for work for the first 12 months after taking on the care of the child. An issue flagged up at the time was the increased likelihood of friends and kinship carers losing their jobs because the taking on of such children often occurs at short notice when they have no employment leave entitlements.
The Bill presents the opportunity to extend parental leave entitlements to kinship carers to give them parity with adoptive parents. Kinship care is the most common permanency option for children who cannot live with their birth parents, yet there is a stark imbalance in employment leave entitlements for kinship carers compared with entitlements for adoptive parents. The same arguments apply to the extension of parental leave to kinship carers as were advanced for the introduction of adoption leave: the need for time for children to settle and bond with carers and the advantage of enabling carers to remain in the labour market. There should be access to an entitlement to both paid leave and a period of unpaid leave, the latter to deal with the initial uncertainties when the children first arrive and long-term arrangements may not yet be settled.
Grandparents Plus research shows that almost half of kinship carers who were previously in work leave their jobs when children move in. A Family Rights Group survey revealed that nearly 40% of family and friend carers have left their job, lost their job or taken early retirement when they have taken on the care of children. It is often more difficult for both young and older kinship carers subsequently to get back into the labour market. There are many reasons for this, including the high needs of the children, but a lack of legal entitlement to any time off undoubtedly contributes.
Extending the right to request flexible working to all is welcome. A later retirement age means that an increasing proportion of grandparents of younger children are likely to be in employment. The option of working flexibly will become increasingly important to enabling grandparents to combine work with care.
Emergency leave provisions to deal with family emergencies are available to parents, and an employer must enable them to take a few days’ unpaid leave. In Committee in the other place, the Minister, Jo Swinson, said that this entitlement was available for grandparents
relied upon for childcare. The regulations are unclear, though, and there is evidence to show that most employers and grandparents believe that they are not entitled to take such leave in these circumstances. The Bill should remove this ambiguity and enable a grandparent to take a reasonable amount of time off to provide help to deal with an unexpected event. Currently one in four working families depends on grandparents to provide childcare. With increased longevity, and with people remaining longer in employment, it will become increasingly important that grandparents are able to combine work and caring responsibilities in order to maintain not only their own but mothers’ employment.
The Government should also consider the possibility for unused periods of parental leave to be transferred to a grandparent if neither parent is able to use it. The principle of transferability of leave from mothers to fathers has been agreed. Would it be such a radical step to extend it to grandparents? I know that one of the drivers for transferable parental leave between mother and father was to break the stereotype that childcare is a female responsibility. Weighed against that, though, it is important to recognise who is providing the care, and in many instances it is the grandparents.
I conclude with a quote from the noble Lord, Lord Freud, in his DWP press release of 22 June 2012:
“Kinship carers make major sacrifices for their family and friends and help children in difficult situations to remain in a family environment instead of in the care system. I am determined that the benefits system recognises this important contribution”.
I hope that this Bill will also recognise that contribution.
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Baroness Richardson of Calow: My Lords, I shall confine my remarks to Part 3. I have a personal interest in this. Out of my nine grandsons, three have special needs—one is severely dyslexic, and two are autistic, both in the same family. My daughter is currently involved in a tribunal with her local authority to try to secure a place that would meet my grandsons’ profound needs. I welcome this Bill. I think that it has the potential to provide for my grandchildren and many others and may be very beneficial in their progress towards independent and productive adulthood.
There are many things in the Bill that I believe are very good. I greatly welcome the holistic approach to education, health and social care needs, recognising that they are interdependent. I hope that this will provide an opportunity not to cease some of the therapies that are so important in special needs, such as speech and language and occupational therapy, but instead to recognise that they are essential—not add-ons to the care that is provided.
There are some phrases in the Bill that I think are very important. I like the reference to children’s well-being and I am very taken by the reference to the contribution that children and young people make to society. This does not just work in one direction. The extension of funded education and care to 25 is of course extremely important, as is the duty of local authorities to keep their provisions under review.
I appreciate the fact that, under local offer, although I have some questions about it, the publication of information and advice will relate to life beyond formal schooling and include,
“finding employment … obtaining accommodation … participation in society”.
I welcome the fact that the local authority has an obligation to publish the comments that children and young people make about its services. I welcome that,
“the best possible educational and other outcomes”,
must be looked for, although these are not specified.
Like many others, I have one or two particular concerns. There is little in the Bill that relates to the provision beyond age 18 other than that it will be supported if the education, health and care plan is still in place. The aspiration is fine but there is little about how provision of special education after 18 will prepare disabled young people for responsible and independent adulthood, and how that is to be achieved given the challenges that they face.
There are a number of issues around the discontinuance of a plan. There seems to be an expectation that it will be looked at carefully rather than that it will be continued if at all possible. A number of clauses, as other noble Lords have mentioned, say that a local authority,
“must have regard to his or her age”.
I think that that needs to be looked at again. Proper recognition needs to be given to the fact that young people with special needs may take longer than others to learn life skills. Some will need to have prolonged absences from school or to try different environments in which to learn as they make their transition into adulthood. I want an assurance that chronological age will not be given too much weight in making decisions about maintaining the education, health and care plan and that no one will be discouraged from continuing in education or have that questioned severely on the grounds only of cost. The thrust should be towards encouragement rather than discouragement. I noted, as others have, that young people with autism benefit greatly from further education but that only one in four access it.
Also on the discontinuance of a plan, I would like some clarification of a phrase in Clause 45(3), which says that a local authority,
“must have regard to whether the educational outcomes specified in the plan have been achieved”.
I do not really understand what that means. Does it mean that if the educational outcomes have been achieved, there is no further need for any care? Does it mean that if they have not been achieved, no further care will be given? Is it positive or negative? That part of the Bill perhaps needs to be questioned. I would also question, when we come to it, why Clause 47 says that the local authority “may make provision” to transfer a plan “to another … authority”. There is no obligation on a local authority to continue to support someone whose needs are best met in another educational authority.
I return briefly to the local offer. As has been said, the only obligation is to provide advice and information. No duty is imposed to provide the services, only to review and revise the information. The Bill seems
to provide a good opportunity for the enforced provision of inclusive and accessible services for all disabled children, and to offer them the right to participate. Is there an intention to provide this? The Bill is a really good start but I hope that it can be strengthened as it goes through the House.
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Lord McColl of Dulwich: My Lords, I begin by recording my admiration and appreciation for the work done by Dr Maggie Atkinson, the Children’s Commissioner for England, and her predecessor Professor Aynsley-Green, and all those who work in that office. Extremely valuable has been the contribution which the commissioner has made to the public discourse on issues affecting children since the office was established under the Children Act 2004. I wholeheartedly support the intention through Part 5 of the Bill to extend and clarify the commissioner’s role in promoting and advancing the rights, needs and voices of children.
I welcome the Bill’s aim to see that children are placed with suitable adoptive families much more swiftly. The fostering for adoption scheme introduced by the Bill could provide greater stability for children by placing them with their prospective long-term carers at an earlier stage. It goes without saying, however, that great care must be taken to ensure that all the necessary checks are undertaken to prevent unnecessary disruption to the child at a later stage.
Sadly, the needs and voices of one group of especially vulnerable children are not represented in this Bill. I speak of children who are victims of human trafficking. Your Lordships will be well aware of the research commissioned by the Home Office into the practical care arrangements for trafficked children following my introduction of a cross-party amendment—Amendment 57A—to the Protection of Freedoms Bill. This amendment was supported by the noble and learned Baroness, Lady Butler-Sloss, the noble Baroness, Lady Royall, and the noble Lord, Lord Carlile. The amendment was to provide legal advocates or guardians for trafficked children as required by Article 14 of the EU anti-trafficking directive.
In introducing the amendment we examined the three current provisions in the Children Act 1989 which the Government believed had the effect of guardianship under the directive, namely Section 26 advocates, independent visitors and independent reviewing officers. We concluded, however, that none of them had the required effect. Section 26 advocates act only on the child’s behalf in relation to local authority case reviews and are not appointed from the moment that a child is identified as a victim of trafficking. They become involved only if the child chooses to take advantage of the service. Independent visitors provide a befriending or visiting role and do not have the right to advocate on the child’s behalf. Independent reviewing officers have a specific function in relation to reviews of the child’s care and are not required to have regular contact with the child between reviews.
During the debate on the Protection of Freedoms Bill, we agreed to withdraw our amendment on condition that the Minister promised an independent review of the care provided to trafficked children. This has since
been carried out by the Children’s Society and the Refugee Council. The report is due to be published next week and will, I am sure, give a valuable insight into the experience of trafficked children in this country and the care that they receive. It will be interesting to see whether the report suggests that the experience of trafficked children vindicates the notion that the current legal framework is fit for purpose.
However, even in advance of the publication of this report, we know that there are many challenges faced by trafficked children which our current laws and care provision are inadequate to meet. In fact, nothing has changed since that debate in February 2012, except that the case for the provision of guardians has grown stronger. The Anti-Trafficking Monitoring Group of expert NGOs published a report in June which highlighted how children who are being used as domestic slaves are not being identified as trafficked because social workers are not investigating thoroughly the families with whom they are living.
The recent Court of Appeal judgment in the case of L and Others demonstrated that our criminal justice system is still failing to recognise children trafficked to this country and forced to cultivate cannabis. Instead of kindly treating them as victims, our criminal justice system prosecutes them as criminals. Then there is the scandal of the number of children who go missing from local authority care. The very system that should be providing safety and reassurance is unable to protect confused and exploited children from the threats of their traffickers. The figures may have improved slightly since 2010, when over the preceding five years 301 of the 942 trafficked children who were rescued went missing from care. However, the Centre for Social Justice reported in March that many children are still going missing, with 25 trafficked children going missing from just one local authority over a five-month period in 2011.
Last month, the Joint Committee on Human Rights published its report into the situation of unaccompanied migrant children. Many such children are victims of trafficking, often being identified as migrants before they are identified as having been trafficked. In particular, the committee expressed concern about the evidence of trafficked children being prosecuted for criminal offences that they have been forced to commit by their traffickers. It also drew attention to the lack of secure accommodation that could prevent children absconding from local authority care and protect them from returning to the hands of their traffickers. The committee also recognised the value of a system of guardianship for unaccompanied migrant children, including victims of trafficking, and noted how successful the pilot project had been in Scotland.
The Government have also been encouraged to take action to improve the provision of care for trafficked children by the recently published US Department of State’s Trafficking in Persons Report and by the group of experts that monitors the Council of Europe anti-trafficking convention, which published its first report last September. That report recommended that Her Majesty’s Government ensure that all unaccompanied minors who are potential victims of trafficking are assigned a legal guardian.
This problem is not going to go away. The number of trafficked children being identified each year is rising, and as the evidence in the Centre for Social Justice report shows, children are still going missing. The case for introducing specialist guardians or advocates for these children is growing, with recommendations from expert charities, the wider international community and our own parliamentary Human Rights Committee. Given the importance of these issues, it is a shame that the Children and Families Bill does not do more to address the challenges facing trafficked children. I would be grateful if the Minister could explain how he sees this Bill engaging with this key challenge affecting children in the 21st century.
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Lord Stevenson of Balmacara: My Lords, I shall speak to Parts 6 to 8 of the Bill, which we broadly welcome. These changes will help improve gender equality at work and at home, and give some families greater choice about how they share their childcare responsibilities. This would be greatly enhanced if, as my noble friend Lady Drake has argued, more support can be given to grandparents. However, I also wonder whether the Bill misses an opportunity to improve independent rights of access to leave and support for fathers, and to initiate a culture change in favour of truly flexible leave and pay.
From what has already been said in this debate and particularly by my noble friend Lady Hughes, I am sure that there will be support across your Lordships’ House for a Bill that foregrounded children’s rights and benefits and, starting from that position, promoted the opportunities for fathers to care for their children, and especially to share their childcare responsibilities with mothers in the crucial early years. After all, the issue of fathers sharing care is first and foremost about what is good for children and the whole family too. It gives children more time with their fathers, which is a very good thing for both, enables women to keep a foothold in the world of work, which is better for their future work prospects than taking time out, and it is good for the couple relationship.
The new system of shared parental leave and pay will replace the additional paternity leave and pay system with a more flexible, transferable one. Mothers may continue to take maternity leave and pay as they do now, unless they choose to transfer some of this to their partner. Along with many groups and commentators, we welcome this increased flexibility. This will also help challenge many employers’ default assumptions about who will care for a new baby and in turn this may help address the regrettably high incidence of maternity discrimination in the workplace.
When the Minister responds I would be grateful if he could comment on the following issues which were raised during the consultation process, but which have not made it into the Bill.
The Consultation on Modern Workplaces says that there is strong evidence of the benefits of shared parenting and, in particular, that fathers who are engaged in caring for their children early on are more likely to stay involved. So why are no changes proposed to ordinary paternity leave and pay? The only entitlement
for fathers in their own right remains at two weeks’ leave at the flat rate, assuming that they qualify for paternity leave at all. Will this not result in some fathers continuing to be unable to take any paid leave at the time of their child’s birth? Is it really satisfactory for fathers to have to rely on short- term, unpaid time off for dependants to accompany their partners at the birth?
International evidence shows that fathers’ take-up of leave is influenced by whether it is earmarked for them and whether it is adequately paid. The modern workplaces consultation proposed a father quota to encourage more fathers to take leave, but this has not been included in the Bill. The Government have decided not to introduce this until the economy has properly recovered and flexible parental leave has fully embedded. When he responds, can the Minister explain what criteria will be used to determine when the economy has properly recovered and can he explain at the same time what time or volume indicators he will be using to assess whether flexible parental leave has fully embedded?
The Bill proposes that mothers and fathers may transfer leave and pay between them in blocks of a minimum of a week at a time. The consultation proposed that parents might take the new form of leave in smaller chunks or on a part-time basis if their employer agreed. This was warmly welcomed by family organisations and some employers. Part-time leave and part-time pay can have significant benefits for families, particularly those on low incomes who would like to extend the time that they can spend at home, but who cannot afford to have no income. Allowing part-time leave, topped up by wages, might allow low-income parents to transition gradually back to work. Many good employers already allow employees to come back to work after maternity leave on a gradual basis, which helps with handover periods from locum cover. Children may also benefit if they can be settled into new childcare arrangements on a gradual basis. Can the Minister explain why this “smaller chunks” provision was not included?
Shared parental leave will be available to couples only where both parents are economically active, and meet service and earnings requirements. In 2010 there were approximately 782,000 maternities in Britain, but the maximum number of fathers who may be eligible for shared parental leave will be 285,000 at most, according to the BIS impact assessment, which is 36% of all maternities. Does the Minister believe that 36% represents a satisfactory level of engagement by fathers? Currently, statutory pay rates are well below the national minimum wage and will only be uprated in line with other benefits by 1% until 2016. Does the Minister agree that this sends a poor message about how society values time spent at home with a new baby, with parents being paid less than they would receive in a minimum-wage job?
Clause 99 introduces a right for fathers and partners, including intended partners in surrogacy situations, to take two unpaid half days of leave to attend antenatal appointments. This new right is welcome, but does the Minister agree that the Bill is perhaps unnecessarily complex and prescriptive on this new right? It sets out in primary legislation that the right may be exercised on only two occasions and for a maximum of six and a
half hours on each occasion. Would it not be better to provide fathers with a right to reasonable time off for these purposes and for any limits to be set out in regulations?
Finally, can the Minister comment on the proposal made by the Commons Business, Innovation and Skills Committee on women in the workplace that employees should be entitled to ask for flexible working from the outset, and not only after they have been in a job for six months? Does he not agree that the Bill misses an opportunity to encourage employers, including perhaps the Civil Service, to advertise jobs on a flexible or part-time basis, without which many talented people could be forced out of the labour market?
The Working Families recent survey of 1,000 parents of disabled children found that 27% of respondents were not in paid work, and more than 80% of those had given up work to care for their disabled child. Once out of work it is very hard to get back in. More than half the parents surveyed had been out of work for at least six years. Their talents and skills are lost to their employers. Their families are left poorer and the economy loses. That has led to suggestions for adjustment leave to support parents and carers through a crisis so that they can stay in work and out of poverty. I would be grateful if the Minister could comment on that idea.
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Baroness Benjamin: My Lords, we all agree that the Children and Families Bill is an important and welcome piece of legislation. As I always say, childhood lasts a lifetime, so I congratulate the Government on looking after the needs and well-being of children to give them a solid foundation and a stable future. However, even good Bills can be improved, and there are a number of extra commitments that the Government could make that would extend the Bill’s reach even more.
I have been working closely with the NSPCC and Barnardo’s and declare an interest as a vice-president of the latter. They are both convinced that the Government should use this Bill as an opportunity to provide even more support for young people, including children suffering from sickle-cell disorder, young carers and those leaving the care system, who are among the most vulnerable in our society.
The NSPCC and Barnardo’s have also raised some key points which have caused them grave concerns on adoption and family justice. They do not support the removal of due consideration of a child’s religious persuasion, racial origin and cultural background when placing children for adoption. Adoption between races adds another dimension to the adoption experience which cannot be ignored. Existing evidence points towards ethnic background being a significant factor because if a child experiences racism, they may feel isolated and unable to share it with anyone. A child being visibly different from family members may also result in them having a sense of not belonging or feeling unable to identify with their family. I believe we would be in dangerous territory should we remove consideration of this factor altogether from legislation because do we really understand the impact of these changes and the message they send out? I believe it must be considered by a court or an adoption agency
when they are coming to a decision relating to the adoption of a child. Parents need to be able to understand the identity of the child they are adopting, so this should be included in the child’s welfare checklist along with religion, culture and language, as recommended by the House of Lords Select Committee on adoption. We need to encourage more people from culturally diverse backgrounds to adopt.
Much of Clause 3 is perfectly reasonable. It allows the Secretary of State to take action against local authorities which are failing in their duties to recruit adopters by removing these powers from them, but this must be done in a fair way. After all, there is an adoption crisis in the country. Children’s charities and the Local Government Association have concerns about the fact that the Bill allows the Secretary of State to remove responsibility for adopter recruitment from all local authorities. This could lead to a catastrophe in the adoption system because there is no guarantee that external providers would be able or willing to take on these services immediately, and any delays across the system would severely damage the chances of some of the country’s most vulnerable children being adopted. It will not solve the problem but will make matters worse.
Moving on to family justice, there are huge concerns that the 26-week time limit could make evidence-based interventions that take longer than the specified time limit more difficult, so we must ensure that there is sufficient time for the appropriate assessments to take place. Programmes such as the NSPCC’s infant and family team inform professionals, help court decisions on whether maltreated children can be reunited with their birth family or should be placed for adoption with their foster family as well as assist parents in addressing problems, but all this requires 12 to 15 months before a final recommendation is made. Although the Bill provides for eight-week extensions, continually adding them causes uncertainly for all, so we must ensure that this policy does not bring any unintended consequences that impact negatively upon the best outcome for children.
Finally I ask the Government to give serious consideration to the addition of a new clause to cover the children’s performance licensing regulations, which are seriously outdated and bear no reflection on the modern day. This was discussed during the Report stage of this Bill in the Commons, and I hope it will be taken up enthusiastically by this House as it addresses children’s well-being.
At the meeting last month of the APPG for children, media and the arts, which I chair, there was a presentation by Pact, which represents independent film and television producers. I declare an interest as an independent producer, and I speak from personal experience on this issue. Pact raised the concerns of those in the broadcasting industry, including the BBC, Channel 4 and ITV, which were present at the meeting. They strongly believe that the current legislation, which dates back to the 1960s when there were only three television channels, needs to be reformed and that there is great urgency to modernise the child performance regime. There is huge uncertainty on the rules for child performers on popular shows such as “Britain’s Got Talent” and for observational documentaries where child licences are not needed and the well-being of
children is left up to production companies which in turn are unsure about the full extent of their responsibilities.
The current system places greater emphasis on bureaucracy and form-filling than on the needs, rights and welfare of the child, so the rules need to be enhanced and updated in order fully to protect children in today’s media environment, including online production, and to put adequate protections in place to ensure their health and well-being at all times. Local education authorities retain a significant amount of discretion on whether to license a child performance, leading to a postcode lottery across the UK. This needs to be addressed. There needs to be consistency. Oddly, there are greater restrictions around children participating in film and television production than in theatre. Although there are Ofcom guidelines for broadcasters, legislation for everyone involved in the employment of children in all fields of entertainment is being proposed to avoid widespread confusion.
Child physiologists have called for legislation ensuring children are protected from all aspects of a rapidly changing media world, which many children and young people want to be part of as they find it enthralling and alluring. The National Network for Children in Employment and Entertainment—the NNCEE—the majority of members of which are local authority officers, has stated that it would like to see a simple, future-proofed framework that offers equal opportunity to all children while ensuring they are properly safeguarded and, most importantly, have trained and qualified chaperones. Sarah Thane’s report and the Government’s consultation last year were warmly welcomed by the broadcasting and production industry, and those in the media industry are extremely disappointed that the Government have decided not to take forward these proposals for reform, having mainly taken the local authorities’ opinion into consideration on this issue. It is imperative that this decision is reversed, so I hope that the Government heed the warnings from this wide range of organisations—the BBC, Channel 4, ITV, Pact and NNCEE—as well as schools and child physiologists and give this proposal full consideration to show they truly value children’s welfare and long-term well-being and therefore add a new clause to this important Bill. Let us not end up regretting missing a once-in-a-generation opportunity.
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The Earl of Listowel:My Lords, I too thank the Minister for introducing this Bill and welcome much of what it has to offer. I was particularly pleased to hear him say in his opening remarks that families and children should not be adapting themselves to the system, but rather that the system should be adjusting itself to the needs of children and families. I hope we can apply that principle to this Bill.
I would like to report on the important progress that the Government are making to safeguard children in children’s homes, following the grooming of girls as young as 12 by gangs of men. I will touch briefly on youth policy and then I will come to the Bill and look at children in care, care leavers and childcare briefly.
First, I pay tribute to the coalition Government for their commitment to continue funding international development to the tune of 0.7% of annual national income. At 0.7%, we are the most generous nation in the world. This sets a fine example for others to follow and makes a huge difference to children and families across the developing world.
There is concern that the Government’s welcome attention to adoption has been at the expense of attention to other placements. The noble Baroness, Lady Drake, gave a very eloquent speech about the importance of kinship care. I earnestly look forward to the Government extending their attention to these other areas. However, I would like to put on record my gratitude for their giving attention to the very important area of residential childcare.
Your Lordships may recall that the vast majority of children enter care because of abuse or family breakdown. Residential care has been an option of last resort, so children may have experienced 20 or 30 placements before arriving at a children’s placement and may even have had one or two adoption breakdowns. The vulnerability of these children and our failure to recognise their needs have been highlighted by the cases of gangs sexually exploiting children in Rochdale, Oxford and elsewhere.
The media, particularly the Times newspaper, have done an excellent job at drawing our attention to our failure in these matters. The honourable Anne Coffey MP galvanised the parliamentary response and her report on children missing from care was greeted by the honourable Tim Loughton MP, the then Minister, who set up three working groups to address the concerns expressed. Just last week, the honourable Edward Timpson MP, the new Minister of State for Children, launched three consultations that addressed changes to regulations on out-of-authority placements, data sharing and missing children. I draw the attention of the noble Lord, Lord McColl, to this particular regulation change.
Encouraging work is being undertaken on improving the consistency and quality of staff in children’s homes, and the Local Government Association is undertaking work on improved commissioning of residential care. There is a great deal further to go but the Government have made a good start.
On a further point outwith the Bill: last month’s report from the All-Party Parliamentary Group for Children, chaired by the noble Baroness, Lady Massey of Darwen, recommended that there should be a cross-departmental strategy for youth in this country. I commend the report’s recommendation to the Minister and your Lordships. We must do all that we can at this very difficult time to support our young people.
Turning to the Bill and looking at care leavers, which the right reverend Prelate the Bishop of Leicester referred to, I very much hope that we can seize the possibility to improve the life prospects of young people leaving care. These young people are hugely overrepresented in the secure estate, one-quarter of the adult population have care experience in prison, some research has put teenage pregnancy rates of care-leaving girls as high as 50% and they are overrepresented in many areas, including rough sleeping.
The Association of Directors of Children’s Services highlighted the importance of continuity of relationships in their recent report. Continuity of relationships is important above all else for these young people. Young people have always said that and we need to find ways of achieving it. Most importantly, most obviously and most imperatively, we need to allow young people passing the age of 18 to remain with their foster carer under supported lodging arrangements where they so wish. Young people leave the family home on average at the age of 24 in this country. The corporate parent should offer no less a support for young people in our care.
A couple of pilots have looked at the impact of allowing young people to remain with their foster carers to the age of 21. They found improvements in retention in employment, training and education. I think there was a doubling in the number of young people staying on in higher education. While the average retention past 18 is now about 8% in local authorities, in the staying-put pilots in Northern Ireland they were getting up to 25%. A study from the University of Chicago found that, even in the short term, local authorities made savings by caring better in this way for their young people.
I would welcome advice from the Minister and noble Lords on an amendment to enable all those young people in foster care in this country to remain with their foster carers to the age of 21 should they choose. This is a very modest proposal. While there has historically been a shortage of foster carers, recruitment is currently going well and many of those who might provide such supported lodging will in any event be retiring from fostering. The cost to roll this out would be about £2.7 million initially and local authorities would soon recoup that expenditure from savings in social care interventions. Society would benefit in the longer term with fewer children entering care, from their parents who are wanting care themselves, and with fewer care leavers in custody, on benefit or needing support from the health service. A couple of weeks ago we heard from a young man at the All-Party Parliamentary Group for Children and Young People in Care and Leaving Care. He said: “I have eight days left to go to my 18th birthday. I’m not ready to leave. What am I going to do?”.
Moving to childcare, I commend the proposals of the honourable Andrea Leadsom MP to the Minister encouraging local authorities to have registrars go into Sure Start children’s centres once a week to register births. This has been shown to be best practice in encouraging fathers and mothers to make contact with the home. Very often they will then go back to make use of the services in the homes. It is a very good method of reaching out to the hardest-to-reach families and getting fathers early on in the child’s life engaged fully in the care of that child. There were concerns from local authorities about the removal of the childcare sufficiency duty, and I look forward to discussing that with the Committee in due course.
I think that my time is up. I reiterate my thanks to the coalition Government for their support and leadership for families and children in the developing world. I thank the Minister and his colleagues for their work on residential care. There is a lot more to do but a
good start has been made. I hope that your Lordships will feel able to offer some support in moving towards the possibility of young people leaving care having the option to stay with their foster parents when they choose to do so.
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Lord Patel of Bradford: My Lords, the Bill has a number of very important measures, many of which are positive. However, like other noble Lords, I have a number of concerns, particularly around the issues of fostering and adoption, such as the removal of explicit duties to consider the ethnic origins of a child when placing for an adoption and the proposed 26-week time limit for care and supervision proceedings especially for complex cases—issues that I would like to return to in Committee .
However, in the time available today I want to focus my contribution on Part 3 of the Bill and seek some assurances from the Minister, whom I welcome to the Dispatch Box with his first major Bill. My concerns are around the impact of SEN provision for young people with complex needs aged between 19 and 25, particularly those supported in independent schools and the non-maintained special school sector. I have sought advice and information from the National Association of Independent Schools and Non-Maintained Special Schools, which, as noble Lords may be aware, is a membership organisation that provides information, support and training to its members in order to benefit and advance the education of children and young people with special educational needs. The association has more than 215 members spread over the whole of England and Wales, and through their non-maintained and independent special schools they cater for around 13,000 of the most vulnerable children in the country with a very wide range of complex needs.
Like other noble Lords, I welcome the proposals in the Bill that extend parent choice and give help to some of the most vulnerable children and young people, many of whom have very complex needs. I particularly support the Bill’s proposal to replace SEN statements with plans from birth to 25. I hope that, alongside the Care Bill, this will result in a stronger focus on preparing young people for adulthood.
In recent years I have noted an increasing number of independent special schools developing services for young people with complex needs. This support is sometimes delivered through independent specialist college provision, but many non-maintained and independent special schools deliver adult social care plus a variety of health, social enterprise and employment services. Often, this provision has no formally recognised education component and is funded through adult social services or continuing care support.
While the Bill is positive with regard to this proposal, I, like my noble friend Lord Touhig, would like clarification from the Minister that those people aged 19 to 25 with complex needs would be eligible for the continuation of their plans. Young people with complex needs such as profound and multiple learning difficulties, aged between 19 and 25, who are supported in the non-maintained and independent special schools sector, need to keep learning past the age of 19, especially as they learn much more slowly than their mainstream
peers. Many of these young adults will require a period of time after their formal schooling in a transition service, as they may not be able to navigate these transition years as other young adults can.
The years between 19 and 25 are socially accepted as a time of experimentation and of finding limits and boundaries. We do not expect non-disabled young adults at the age of 19 to settle down into an adult life or go into an adult home environment where they stay for the rest of their lives and, as the noble Earl, Lord Listowel, has just said, it is difficult for children in foster placements to leave at the age of 18. Young adults with complex needs therefore particularly need support to make sense of the transition years and to develop a sense of themselves as adults and what it means to be an adult.
For example, some of these young adults may have limited life experiences and might need to continue to experience such things as going to the supermarket, how to go shopping, choosing which film to watch at the cinema and how to go to local restaurants. The period of time that they spend in such a service will mark the transition from childhood to adulthood and be a type of, I suppose, social apprenticeship—a period of their life that helps them to develop as an adult and prepare for a more independent life.
Creating the right environment to achieve an understanding of adult life is an important part of supporting development, and young people with complex needs would clearly benefit from the continued protection of the plan. I will give noble Lords an example from my own part of the country, West Yorkshire. Young people with complex needs are fortunate to have the services of the Hollybank Trust in an area called Mirfield. In the past five years, all its school students have made the transition into adult services with the support of the trust. This has enabled them to focus on crucial areas of development such as communication and independent living skills.
However, young people attending schools in other areas have not always been so fortunate. The Chailey Heritage Foundation in East Sussex has just launched an innovative new life skills service for young people aged 19 and over. Young people can use their personal social care budgets to pick and choose the elements of service that they wish to access, such as life skills development and well-being and leisure opportunities. The reasons for this service being developed are interesting. It has been developed in response to the difficulties faced by young people with complex physical and learning difficulties on leaving school. The reports that I have looked at from adult social services in the area reveal cases where school leavers moving to adult care homes had had their communication aids removed from them and stored in the office, and had had their motorised wheelchairs turned off as they were causing wear and tear to furniture and walls. These were young people at great risk of losing the skills developed across their schooling and which would have enabled them to lead more independent and happier adult lives.
I was encouraged by the Government’s amendment to the Bill in Committee in the other place that will result in a duty being placed on clinical commissioning
groups to secure the provision of health services as agreed under the EHC plans. However, I would be grateful if the Minister could clarify that those young adults with complex needs will continue to receive the support that they require in order to help them make the transition to adulthood. Clause 45 outlines the conditions for when a local authority may cease to maintain an EHC plan for a child or young person. I draw the Minister’s attention to subsection (3), which says:
“When determining whether a child or young person no longer requires the special educational provision specified in his or her EHC plan, a local authority must have regard to whether the educational outcomes specified in the plan have been achieved”.
I would like to see subsection (3) amended so that plans will not be cut off when “educational outcomes are achieved”. The fact that young people with complex needs often have different educational outcomes needs to be recognised in the legislation.
“In determining whether it is no longer necessary for an EHC plan to be maintained for a young person aged over 18, a local authority must have regard to his or her age”.
I am concerned that subsection (4) and a number of other clauses—Clauses 36 to 41—will result in some young people with complex needs losing a plan once they turn 18. I suggest that Clause 45 should be amended so that instead of starting with,
“A local authority may cease to maintain an EHC plan for a child or young person only if”—
paragraphs (a) and (b) are met, it should read, “A local authority must maintain an EHC plan for a child or young person until their 25th birthday”, unless paragraphs (a) or (b) apply. This strengthening of Clause 45 will provide some confidence that young adults with complex needs will continue to get the support that they need.
In conclusion, children with complex needs have an entitlement to education, and this should not stop at this crucial stage in their lives. This entitlement must be extended to them when they become young adults. Moreover, considerable time, effort and investment has been put into their education as children and, in order to ensure that the social and financial investment that has been made during these school years is protected, the Government must guarantee that young people with complex needs will have continued support past the age of 19. I hope that the Minister will look again at these important issues.
7.26 pm
Lord Ramsbotham: My Lords, I welcome the Minister on his legislative debut, and say how much those of us who hope to make a contribution to this important Bill appreciate that, in line with his predecessor, the noble Lord, Lord Hill of Oareford, whose performance was so widely admired on all sides of the House, he has already made himself so readily available to us. I also say how much I admire the way that the Minister for Children and Families, Mr Edward Timpson, took the Bill through the other place, and appreciate that he also makes himself readily available. In supporting the general thrust of the Bill, I am glad that Part 3 in particular received such intense scrutiny in the other place.
I declare two interests and one advantage, plus my experience as Chief Inspector of Prisons. First, I chair the All-Party Parliamentary Group on Speech and Language Difficulties, which earlier this year published a report on the link between social disadvantage and speech, language and communication needs. Secondly, I chair the Criminal Justice and Acquired Brain Injury Interest Group, the founder of which, Professor Huw Williams of Exeter University, has published much valuable research on the number of sufferers who are in the hands of the criminal justice system. My advantage is that I have the pleasure and privilege of sharing an office with my noble friend Lord Rix, who fights so tenaciously for the best interests of those with learning disabilities. Exploiting his vast experience, we often discuss the absence of difference in the process of assessing and treating those with learning disabilities and difficulties. That leads me to the first of my three pleas to the Minister, namely that the birth-to- 25 pathways mentioned in the Bill should not be confined to those with SEN but should be developed as a universal tool to be used with and for every child in the country, to ensure that no possible impediment to learning is missed.
I say that because I believe very strongly that SEN is too narrow a qualification for the continuous programme of assessment and treatment that makes up both the Healthy Child programme, one part of which is speech and language, and the proposed pathways. There is growing evidence that language competence is critical scaffolding for a readiness to learn, and that well developed communication and word skills are fundamental to a good start in the early years at school. In researching for our report, we learnt of some excellent work being done now in different parts of the country to enable every child to engage with appropriate stages of education, an intention that appears to be clearly at the heart of Part 3. I therefore welcome the flexibility inherent in pathways that consist of assessment followed by local offers of individual education, health and care plans, because that is a framework that can accommodate those with speech, language and communication needs as well as SEN, should they be added, as I hope that they will, as a result of amendments to be tabled in Committee.
My second plea, included in our report, goes way beyond the Minister’s pay grade. How do the Government expect a junior Minister in the Department for Education, even one as able as Edward Timpson, to co-ordinate the essential contributions of the Department of Health, the Department for Business, Innovation and Skills, the Department for Work and Pensions, the Department for Communities and Local Government, the Ministry of Justice and of course the Treasury to his department’s Bill? Because the Bill affects every child in the country, I would have thought it sensible to consider co-ordination responsibility being held by a Cabinet Office Minister.
I turn to those who enter custody, either, as now, with unidentified special educational or special learning and communications needs or, in future, following assessment and with an existing education, health and care plan. During my inspections of young offender institutions, as the noble Lord, Lord Addington, said, I learnt that more than 60% of detained children and young people had what are described as neuro-disabilities
in an excellent report just published by the Royal College of Paediatrics and Child Health and the Youth Justice Board, entitled
Healthcare Standards for Children and Young People in Secure Settings
. In other words, they have traumatic brain injury, special speech, language and communication needs, ADHD, learning disabilities and educational needs and the autistic spectrum disorder. Yet Clause 70 of the Bill is headed, quite starkly, “Part does not apply to detained children and young people”. It goes on to say:
“Nothing in or made under this Part applies to a child or young person who is detained in pursuance of … an order made by a court, or … an order of recall made by the Secretary of State”.
I am sure that noble Lords will agree that this means that Part 3 of the Bill does not apply to young people in custody. Unable to believe that the Department for Education could knowingly publish legislation that ran counter to the recently announced intent of the Ministry of Justice to put education at the heart of custodial provision, I immediately wrote to the Minister for Prisons, presuming that he would be seeking to have the clause removed from the Bill. I received a courteous but thoroughly unconvincing explanation from the Minister for Children, saying that the clause is intended to prevent conflict with Sections 18 and 562 of the Education Act 1996, which put the duty to deliver education and support in custody on to local authorities, inserted by the Apprenticeships, Skills, Children and Learning Act 2009, by ensuring that local authorities are not put in the impossible position of having to implement rights and protections for those in custody that may not be appropriate to their circumstances. I would have thought that the issue was far better covered by Clause 25(1)(b)(i) and (ii) of the Bill, which says:
“A local authority in England must exercise its functions under this Part … where it thinks that this would … improve the quality of special educational provision … made in its area for children or young people who have special educational needs, or … made outside its area for children or young people for whom it is responsible who have special educational needs”.
Bearing in mind that the Ministry of Justice consultation was set in train because local authority provision was not working, I hope that the Minister will withdraw the clause before Committee, otherwise I give notice that I shall table an amendment that it does not stand part of the Bill.
Those are my three pleas, and I look forward to pursuing them in Committee. I am of course interested in Part 5 and the role of the Children’s Commissioner but, because it affects every child and therefore the future of our great country, I hope to contribute particularly to Part 3.
7.34 pm
Viscount Eccles: My Lords, we have a lot of legislation and I am sure that much that is in the Bill is welcome, but I worry about disengagement—that is to say, the number of people who vote in general elections and other elections. When I look at a Bill, I look for reasons to continue to be worried. The first reason would be if something unexpected came in a Bill, which you would not expect the Government of the day to put forward. The second worry is when a Bill includes aspirations that may be unfulfilled for very
good and practical reasons. This disengagement is partly welcome to the public, I regret to say; they are quite interested in becoming disengaged from the political process, which they see as rather inward-looking.
I have one of each of these worries about this Bill. First, on the unexpected element, new Section 3A, in Clause 3, headed “Recruitment, assessment and approval of prospective adopters”—and here I am alongside my noble friend Lady Hamwee—is an authoritarian provision. It gives the Secretary of State power to take certain functions away from local authorities by directions, if the Secretary of State so determines. However, there is no parliamentary procedure for directions, so it is highly draconian. The public knows that local authorities vary widely and will have different opinions about adoption—this is in Part 1 of the Bill—and will come to different conclusions about the best way in which to handle their approach to adoption. I would have thought that it was part of the democratic process that they should be allowed to have different approaches. That, however, is surely in conflict with this Government’s approach to, for example, localism. It is an unexpected clause; I do not welcome it, and it is another reason for disengagement.
Part 5 is my second example. In 2004, in nine sections and one schedule, with a budget that peaked at £3 million, the Children’s Commissioner was created, partly as a response to the United Nations Convention on the Rights of the Child, a child being defined as anybody up to the age of 18. The convention took 10 years to create, from 1979 to 1989, and we ratified it in 1991. It is a convention with very high aspirations; the list of rights is long and, of course, familiar when we think about detriments, abuse and discrimination—all very familiar things. But signatory states should also take,
“all available measures to make sure that children’s rights are respected, protected and fulfilled”,
and that children “reach their potential”. That is a very demanding and large assignment. To date, the Children’s Commissioner has not attempted to tackle the major political issue of that—the joined-up government issue—and could not have done, having never had the budget. So it has been low-key and has looked at rather small but nevertheless significant detriments. A good example would be the exclusions from school affecting about 6,000 children a year. That seems to have been an excellent thing for the Children’s Commissioner to have done, and there has been other excellent and detailed work on detriments.
However, a big report was done at the request of the Secretary of State, the Dunford report, which identified a certain disappointment with the Children’s Commissioner and a gap between what you might have hoped the commissioner had been assigned to do and what the commissioner was actually doing. Now we have a Bill that strengthens the role of the commissioner, and I shall give two examples. In the 2004 Act, the commissioner had a general function,
“of promoting awareness of the views and interests of children in England”.
In the Bill before us, it has become a primary rather than a general function. The Bill states:
“The Children’s Commissioner’s primary function is promoting and protecting the rights of children in England”.
That has been a response, at least in part, to the Joint Committee on Human Rights and is clearly a much more significant function. In the same list of functions, the Children’s Commissioner is now to,
“monitor the implementation in England of the United Nations Convention on the Rights of the Child”—
that is, to monitor but not report on progress. It is a big task to monitor progress against that convention because a great many provisions in that convention involve not only the righting of wrongs but the promoting of positive outcomes.
As a matter of fact, will the Children’s Commissioner be able to do more and, if so, how? Unless Her Majesty’s Government are clear about the accountability that they expect of the Children’s Commissioner and how that accountability will be discharged, we may be raising expectations about what the commissioner can do, and we shall again be disappointed because there will not be the resources to do what the Bill is asking the commissioner to achieve. That will lead to more disengagement by a perhaps small but significant section of the public who have come to think that expectations have been aroused that cannot be fulfilled. That is a dangerous tendency in the way that we approach the details of legislation.
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Baroness Wilkins: My Lords, I welcome the Government’s intention to reform the special educational needs system in England. However, I share the disability sector’s concerns, echoed by many noble Lords, that the Bill still requires major improvement if it is to deliver better outcomes for children and young people with special educational needs or disabilities. Worryingly, in some areas the Bill does not protect existing rights and risks making matters worse. I will not repeat the points made by many other noble Lords. I will concentrate on the further action needed to address the challenges and difficulties faced by children with sensory impairments.
We sometimes talk about children with special educational needs as if they were a single entity to which we can apply single, catch-all solutions. That is clearly not the case, as is demonstrated by children with sensory impairments. Sensory impairment is a low-incidence need. Most mainstream professionals are unlikely to have regular contact with such children with which to build up expertise on how to meet their needs. Instead, this expertise is likely to be centred in relatively small, specialist support services and teachers.
It is not clear to me that the department’s proposals on SEN reform fully recognise the importance of specialist SEN support services. Further action is badly needed to ensure that these services are able to do their job—ensuring that every child with a sensory impairment is able to fulfil their potential. We first need to look at the funding of these vital services. The National Deaf Children’s Society has established that in this year alone 29% of local authorities are making cuts to specialist education services for deaf children. RNIB and Sense believe that similar cuts are taking place in other sensory impairment services. These cuts are having a devastating impact. Distressed parents who
have fought so hard for their child to get the support they need are now seeing support being taken away. They talk of their children’s futures being stolen.
Last year, just 37% of deaf children achieved five good GCSEs, compared to 61% of children with no identified special educational need. That is a massive attainment gap. It is painfully unnecessary when you consider that deafness is not a learning disability and that deaf children should be doing as well as other children. Deaf children and other children with sensory impairments need more support, not less. When this was raised during the passage of the Bill in the other place, the Parliamentary Under-Secretary of State for Children and Families indicated that his department would not intervene and that it was for local communities to challenge any such cuts. This is shamefully complacent. The department has made a commitment that funding for these services will be protected and yet seems unperturbed that 29% of local authorities are not doing so in relation to deaf children.
What assurances can the Minister give on the success of the Bill, knowing that there is a clear risk that in many areas funding cuts will fatally undermine its ambitions and result in children getting less support? Where are the specialist teachers to advise on a child’s education, health and care plan going to come from unless there is action to protect these services? Who will provide early intervention services? What will families buy with their personal budgets? Without adequate funding to provide these services and staff, it is extremely difficult to see how SEN reform can be made a success. Parents of children with sensory impairments deserve better than this complacency when it comes to their futures. They need the department to take action, not pass the buck to local authorities and communities.
That brings us to accountability. Many of these measures place the burden of holding local authorities to account almost entirely on the shoulders of parents. Not all parents will be able to, or necessarily want to, take this role. The vast majority were not knowledgeable about the world of special educational needs and disability, and are desperately feeling their way, trying to discover what will best help their child. They are busy being parents to all their children, and the parents of children with special educational needs have plenty to do already.
I am surprised to learn how little information is available to parents or professionals on the quality of SEN support services in their area and how little the Bill does to address this. There is no specific requirement to publish information about local authority SEN support services, despite the importance of these services to children with sensory impairments. It does not appear that local authorities would have to publish information by type of need, and they might therefore simply publish generic information about SEN. Nor does it appear that the Government will require the local offer to follow a set format—most importantly with clear expectations for minimum provision—which will make it harder for parents to compare provision in different areas. I understand that the department has been considering representations that Ofsted should inspect specialist SEN support services. I hope that the Minister will be able to update us on the
department’s considerations on these concerns and that progress can be made before we further discuss this Bill.
Crucially, will the Minister ensure that the department does much more to ensure that children with sensory impairments get the help that they need from specialist SEN support services? These are the issues that he must address if he wishes us to have confidence that the Bill will make a positive difference to all children, including those with sensory impairments.
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Baroness Tyler of Enfield: My Lords, I would like to add my strong support for the Bill. This legislation represents a real opportunity to improve the lives of millions of children and families in this country. I declare an interest as president of the National Children’s Bureau and as chair of CAFCASS.
There is much to welcome in the Bill and I should like briefly to draw attention to several of its key provisions before moving on to the main points on which I wish to focus. First, in terms of promoting family-friendly employment policies that reflect the needs of modern families, I warmly welcome Part 6, which introduces a system of shared parental leave, which will enable families to decide for themselves, given their own circumstances, how best to care for their child for the first year, thereby encouraging both parents to be involved in this critical phase in their child’s life.
Part 7 helpfully complements Part 6 by allowing prospective parents to take paid time off work to attend antenatal appointments. Extending the right to request flexible working to all employees is also part of a much-needed modernisation of working patterns that should lead to greater harmony in the workplace with everyone feeling they are being treated fairly in terms of their work/life balance.
This leads me to the importance of childcare and, in particular, measures to make it easier to offer wraparound care. I will return to this as the Bill proceeds, especially the need for childcare hubs to be able to offer a one-stop-shop facility for parents to access the additional hours needed for wraparound care through a network of linked and quality-assured childminders, However, I am concerned that the proposed removal of the duty on local authorities to publish a formal assessment of the sufficiency of childcare in their areas may result in some local authorities no longer actively working with providers to ensure there are sufficient quality childcare places available locally.
I turn now to four specific areas of the Bill: the family justice reforms, young carers, the local offer and independent advocacy for children in care. First, I give my strong backing to this Bill’s efforts to improve the family justice system and help deliver better outcomes for children and families who go to court after family separation or where children may be taken into care. By tackling delays and introducing a statutory time limit of 26 weeks for care and supervision proceedings and focusing timetabling decisions for care proceedings on the child’s welfare, the child’s interests and well-being are rightly placed at the centre of proceedings and
decisions, rather than being left in limbo. Every day matters for a vulnerable child and every day in limbo can feel like a lifetime.
It is worth recalling that the proposed 26-week statutory limit initially attracted a degree of incredulity because the last time an average case took 26 weeks to complete was in 1995. However, over the past year, the average time a case takes to go through court has reduced by some 15 weeks, making this already one of the most radical reforms to care proceedings in a generation, and that was before the legislation commenced. I am also aware that 26 weeks is a maximum. Many new cases this year are being completed in 20 weeks or less. A culture of delay is being replaced by one of urgency. However, there will always be a small number of particularly complicated cases where this is not possible or, indeed, in the best interests of the child. Judges, through effective case management, must feel able and must be able to approve extensions where necessary.
In the run-up to this legislation, there was much heated debate as to what was then being called the presumption of shared parenting and what that would lead to. Following the consultation, it became clear that no one thought that strict 50:50 shared parenting—as some were choosing to interpret the presumption—was sensible, workable or desirable. I am very pleased as well that the language has now changed. The most important thing is that the child and their needs are put first. As other noble Lords have said today, the paramountcy principle is indeed paramount. This is clearly the intention in the child arrangement orders, which should assist in focusing parents on effective co-parenting and making parenting time arrangements in the interests of the child. The initial focus on parents’ rights in this area has moved, quite rightly, to one of joint parental involvement with a focus on the child’s rights and the parents’ responsibilities.
Secondly, at the Second Reading of the Care Bill, I drew attention to the treatment of young carers, which many noble Lords have spoken about today. We have already heard the statistics about the number of children and young people affected, so I will not repeat them. There can be little doubt about the heroic work performed by such children and young people and the importance of the contribution they make to their families. However, the existing legislation simply does not give young carers the protection and support they deserve. All too often, the demands of caring responsibilities at home interfere with a child or young person’s education, as well as shortening their childhood and all the experiences that should entail.
Like many noble Lords today, I was very encouraged by the recent comments made by the Children’s Minister, Edward Timpson, when he said that the time had now come to address this issue. I would therefore welcome an explanation from the Minister of exactly how this commitment is being taken forward and how and when it will be incorporated into the Bill. Young carers sit at the intersection of the Care Bill and this Bill and it is critical that these two pieces of legislation are properly joined up. I strongly believe that, with both Bills before the House, this is an unprecedented opportunity to clear away the current inconsistent and
complex law surrounding young carers and to ensure that they are given the same rights and protection that the landmark Care Bill is introducing for adult carers.
Thirdly, I will talk very briefly about Part 3 of the Bill. As time is moving on, I will simply add my voice to that of other noble Lords who have mentioned their concerns about the local offer. It has many good points in making known the services available but I share the concerns about the lack of a duty on local authorities to make some vital services universally available or to deliver the services that families with disabled children need. This aspect of the Bill will need close scrutiny.
Finally, I want to mention briefly the importance of independent advocacy for children in the care system, which was highlighted by my noble friend Lady Hamwee. The Government should be congratulated on introducing legislation improving services and support for children who are looked after and adopted, and for placing young people at the centre of decision-making. However, the Bill can be further strengthened by ensuring that children and young people are given access to independent advocacy at key stages, such as care planning reviews and child protection conferences, to help them express their views, wishes and feelings. Is there scope in Part 1 of the Bill to amend the existing legislation to include a presumption that access to such independent advocacy will be provided?
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Baroness Warnock: My Lords, I shall confine myself to Part 3 of the Bill and certainly shall not cover everything. I welcome the Government’s attempt to substitute something better for the discredited system of statements, which has long produced more problems than solutions and has been the cause of great antagonism between parents and local authorities. There will still be appeals against decisions in this area, but the aim is that there should be fewer and that parents should be involved in the assessments at an earlier stage and more realistically. It is also very welcome that the assessments will be independent and that the recommendations can continue up to the age of 25, not only because this will cover the transition from school to college and beyond but because the age of 19 is for many children with special needs a time of quick improvement, so they need help at that stage. I share the astonishment of the noble Baroness, Lady Sharp, that the continuation to age 25 does not cover students at university. I can think of no reason why it should not as they very often need the kind of support that will be offered to people at college.
The new plans are intended to enforce the collaboration between different providers of services, which the original report in 1978, the committee of inquiry, so conspicuously failed to bring about, although it thought about it a great deal. However, there are still certain areas of confusion which I shall be very pleased if the Minister could help to sort out. There is a good deal of vagueness in the Bill and uncertainty about how things are going to work in practice, such as personal budgets.
However, the Bill might be an opportunity to clear up an underlying confusion that has been around for a number of years—in fact, ever since an attempt
was made to bring the Education Acts into line with the Disability Discrimination Act. I refer to the difficulty that we have in distinguishing between a disability and a special educational need. Of course, the two often overlap but, as my noble friend Lord Low pointed out, not all disabled people have special educational needs. As the noble Baroness, Lady Wilkins, pointed out, most helpfully I thought, the use of the term SEN is liable to be very misleading because people use it as though all people designated as having an SEN have the same sort of need. I was extremely moved by her appeal to separate off those who have a sensory deprivation of one kind or another and who very often, if their needs are addressed, do not have any other special educational needs. This seemed to me the kind of confusion that the Bill might help to clear up.
In general, I confess to deep scepticism about whether it will be possible for local authorities to fulfil their duties in the face of more financial cuts. In particular, I should like to ask the Minister how local authorities are supposed to fund the training of SENCOs, the cost of which is approximately £3,000 for each trainee. At present, that is paid for centrally, but from April 2014 the cost is to fall on local authorities. Without properly trained SENCOs in each school, the whole new system will collapse. Under the proposed new arrangements, SENCOs will have to make decisions about the needs of children with an SEN but with no education, health and care plan—probably almost 90% of the group of children with SEN—without the help of the school action and school action plus framework. I have not found anything that helps me to understand the rationale for abolishing this distinction, and I should be very grateful to hear the Minister’s justification of it.
It is hard not to suspect that a large group of children—probably 18% of children in any given school, and more in some schools—are going to find themselves at the mercy of very variable and inadequate levels of educational support. I am referring to pupils who have SEN but do not have plans. The supply will be dictated, as usual, by financial considerations rather than considerations of need. I do not complain about that because that is the world that we live in, but the SENCO will have to be both a powerful advocate and very well educated in all different disabilities if he or she is to be able to make that kind of decision.
In particular, I should very much like to be confident—I am not—that the new structure will not lead to an increase in the employment by schools of ill trained and often totally inadequate generalist classroom assistants. Such assistants may do more harm than good to the pupils they are supposed to serve, because their aim is that the child they are looking after should appear more or less to keep up with the rest of the class. They tend to do the work for the child, rather than take time to make sure that the child properly understands what is going on. In the case of dyslexia, I believe that they often do more harm than good. As the noble Lord, Lord Addington, well knows, teaching a dyslexic child involves skill. Such children can be taught and they can be marvellously helped and supported, but an untrained classroom assistant is not the best person to do that.
I regard this Bill as an opportunity rather than anything else, and unless it is suitably amended I think we will have wasted a chance. I refer particularly to Clause 57, which is concerned with special educational provision other than in schools. This has particular, although not exclusive, application to children who have been excluded from mainstream schools. We know that children with special educational needs are many times more likely to be excluded than children without. Pupil referral units—they are mainly pupil referral units but there are other kinds of provision as well—are mostly inhabited by children with special educational needs. There are some very good PRUs. I know quite a lot about one in particular in Tower Hamlets, which does extremely good work. It puts students through GCSEs and A-levels. The work that it does is good, but in particular the teachers are most remarkable people.
Teachers who choose to teach in PRUs are not regarded by the profession or by the department as proper teachers. They are not allowed, for example, to assess school-assessed work at GCSE or A-level because they are only teachers in PRUs. PRUs are not recognised as places where trainee teachers can train because they are only PRUs and not proper schools. This seems to be grossly unfair on those teachers, but there is also a lack of use of what could be a marvellous resource. After all, they are teaching the most difficult children whom other schools have failed to teach, and they are a last resort for extremely vulnerable children. If this last resort is not supported and used, and if the skills on display there are not disseminated through other schools, the children in these units will be undervalued and the resource that they are using will be conspicuously undervalued.
My final point is that I entirely agree with my noble friend Lord Ramsbotham when he says that Clause 70 should be taken out of the Bill. PRUs are places from which children in secure accommodation could most benefit, not only through the skill of the teachers but through the use that the best of these places make of interactive distance learning, which is the most useful kind of teaching that these disaffected children can have. If these children are disaffected at school, they are likely to become yet more disaffected from society as a whole and they will end up in prison.
8.07 pm
Lord Judd: My Lords, in the context of a debate such as this, it is as challenging and as important as ever to hear the thoughts and insights of the noble Baroness, Lady Warnock.
Some of us have had the opportunity to visit a young offender institution or to visit a court in which young people stand before the magistrates. I am sure that all of us have had the opportunity to look at street corners in our own community and the young people gathered there. If we had then gone on to talk to those young people, it would have been clear that it would be a miracle if those young people were not in trouble.
Of course, it is important to reflect on our responsibility as a society. The Government set great store by the concept of the big society but we cannot have it both ways. If we are talking about a big society, we are
talking about the responsibility of society as a whole. When we see failure and delinquency, it is a failure of society, not just of the youngsters or their immediate families. We all need to remember that.
How far are the matters that we are considering this evening related to the whole value system of our society? Are mutual support and caring, as distinct from succeeding and achieving, given sufficient weight in the values of our society? How far does our educational system reflect that? What is clear is that if there is any work to be done by young people at risk, long-term, lasting relationships in the different areas in which that work is carried out are terribly important. Just to be pushed from one person to another in the system compounds the damage.
I often reflect on the fact that, in the interesting life that I have been able to live, I have never seen any structure or any legislation achieve anything. Good structures and good legislation underpin what should be happening with the reinforcing of the law. What matters are the values, personalities and skills of the people within the system and, indeed, their motivation. I have sometimes seen quite antiquated structures where very exciting things are happening because the people are highly motivated. I have seen perfected structures where nothing is happening because the whole thing is dead in terms of real commitment and inspiration.
A point that has been made well by the noble Lord, Lord Ramsbotham, is that we are dealing with a matrix situation. We cannot possibly expect the Department for Education and our schools to handle these issues on our behalf successfully alone. As the all-party parliamentary group has pointed out so well, it is important that all departments work together—the Department for Education, the Department for Business, Innovation and Skills, the Department for Communities and Local Government, the Department for Work and Pensions, the Department of Health, the National Health Service and Public Health England, the Ministry of Justice and the Home Office, and the UK Border Agency—about which the right reverend Prelate the Bishop of Leicester made some very important points. Furthermore, there must be flexibility, because from time to time other departments of government will become highly relevant, including the Ministry of Defence—for example, what happens to young recruits to the armed services? There has to be an effective operational matrix in matters of this kind.
If this is to succeed, it is terribly important that civil society is involved. Civil society must be involved all along the line. We all received extremely well drafted, very powerful briefings from a range of organisations, not simply the ones that are best known—the National Children’s Bureau, the NSPCC, Barnardo’s, UNICEF UK, the Children’s Society and so on—but all sorts of other specialist groups. What characterises them is the dedication, the commitment and, usually, the calibre of the people working in these organisations and what they have to share.
I am not baiting the Government but merely encouraging them, within the context of their own commitments, to think through the implications of their commitments. If we are talking about the big
society, I would like to be reassured that these real players out there in the front line are being properly and consistently consulted about the evolution of policy. I know that quite a number of them still have big concerns and anxieties about the Bill. I will make a specific recommendation to the Minister. Between now and the autumn, when we carry this Bill forward, all those organisations—and if he is not sure which they are, I am very happy to respond to any inquiry from his officials about what names I have in mind—should be consulted about their specific anxieties as things still stand. The Government have an opportunity not just to adjust in the face of opposition, in the formal political sense, but to amend legislation if necessary in the light of the crucial importance of the insight of the front-line players in civil society.
We know, in the mean time, that there are key issues arising, including health provision in schools; arrangements for the disabled and for those with different degrees of dyslexia; transition for the physically disabled and psychologically vulnerable from school to university; education for life—personal, social, health and economic—and, I would argue, citizenship, because of the importance of the young being able to see the distinction between citizenship and passive consumerism; and the ability to ask the questions that should be answered and not simply to tick boxes.
The UK played a significant part in the development of the UN Convention on the Rights of the Child, and we gained tremendous international esteem from the role that we played. The world therefore watches us and our performance, and we have to be on our guard. Again, I specifically suggest to the Minister—and the all-party parliamentary group comes to the same conclusion in its excellent report—that it is high time that, in making decisions affecting children, the rights of individual children, whoever they are, from wherever they come, should always be paramount. As the right reverend Prelate reminded us, this applies every bit as much to immigration and refugees as it does to any longer-term established residents in this country.
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Baroness Young of Old Scone: My Lords, I was interested to hear how moved the Minister was by his visit yesterday. I now invite him on another visit, this time to a family who have just experienced a major struggle to get adequate support in school for their son who has type 1 diabetes. I declare an interest as the chief executive of Diabetes UK. However, I am speaking not only on behalf of children and families with diabetes but on behalf of the one million children in this country who have long-term health conditions, such as asthma, heart disease, migraine and epilepsy, who require and often do not get extra support at school.
Several noble Lords have already highlighted the absence of provision in the Bill for this important group. The Health Conditions in Schools Alliance, an alliance of 36 national charities across a wide range of health conditions, has collected evidence from children and parents. We hear about children being excluded from school activities and made to feel isolated and different at a time when they need to feel that they are fitting in. Their academic attainment suffers and, in
some cases, their very health or survival is put at risk with crises in their condition being unsupported. In many cases, parents have to give up work or work reduced hours, with serious financial implications for their families and, indeed, for the economy.
Let me give examples. There are 29,000 children in this country with type 1 diabetes. In 70% of cases where a child is unable to inject insulin on their own behalf or where an insulin pump needs simple checks, parents are required to go into schools to provide this simple care. Some 59% of schools do not have a policy of advising staff on how to give medication. There are 63,000 children and young people with epilepsy but less than 40% of schools have an epilepsy policy. Indeed, recently the Children’s Commissioner has criticised ad hoc exclusion of children from schools as the result of long-term medical conditions. Often when schools think that they cannot cope, they simply send the child home.
I should not be critical of all schools because many schools provide excellent support to these children but, distressingly, others do not. It is intriguing that very often that involves neighbouring schools in the same local educational area. So it is not an issue of money, staff or skills—it is a failure of commitment. It is often left to the interest or motivation of a head or a particular teacher. This kind of postcode lottery is unacceptable.
During the debate on the Bill in the other place, the Government spokesman agreed that in some schools support for children with health conditions is below the level we should be seeing and that every effort needs to be made to improve practice on the ground. However, wishing things to be better will not make them happen. We now have a long and deep experience that shows that for those schools which do not voluntarily do the right thing by these children, a statutory requirement is now needed.
I am sure the Minister will have been briefed that the Children Act 1989, the Education Act 2002 and the Equality Act 2010 provide sufficient legislative framework. I simply say that they have not so far. Too many schools have failed to follow the existing guidance given on supporting children with health conditions. I could introduce the Minister, were he in visit mode, to some of the families who have had to fight to get rights through using this legislation. However, for every family that has the tenacity, intelligence and resource to fight that case, there are tens or hundreds who do not.
I would like the Minister to meet some of these families but, more importantly, I invite him also to adopt the amendments tabled on this issue in the other place and lay a statutory duty on schools to have a plan for the support for such children. It is not too much to ask for a million vulnerable children. It will help the Government to meet their ambition of ensuring that all children and young people can succeed whatever their background.
Perhaps I may briefly raise the issue of another omission from the Bill. It may look a bit off the wall, but here goes. The Minister will be acutely aware that the Government failed to include in the Queen’s Speech a provision for the introduction of plain packaging for
cigarettes and tobacco products, despite the considerable weight of evidence. We are still waiting. Standard packs are designed to protect children and young people from taking up smoking. This Bill is an opportunity to correct that omission. Why not, Minister?
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Baroness Lister of Burtersett: My Lords, as other noble Lords have observed, there is much to welcome in this Bill, even if it has to be read in the context of children and families, particularly those on low incomes, carrying the main burden of austerity and economic and social policies. This is clearly demonstrated by the Office of the Children’s Commissioner’s child rights impact assessment of Budget decisions, which warns that the best interests of children are not being treated as the primary consideration in the design of fiscal measures relating to welfare benefits, tax credits and taxes.
As a member of the Joint Committee on Human Rights, I shall focus on three of the issues raised in our report on the Bill. First, on the reforms to the Office of the Children’s Commissioner, the committee has welcomed them as significant human rights enhancing measures. However, despite the changes made in response to our pre-legislative scrutiny, some concerns remain. The committee recommended that the commissioner’s primary function of promoting and protecting the rights of children should be explicitly defined with reference to the rights set out in the UN Convention on the Rights of the Child, rather than the commissioner simply having to have regard to these rights. This stronger formulation would be in line with the recommendation of the Dunford review, mentioned by the noble Viscount, Lord Eccles.
The committee also underlined the importance of the commissioner’s independence. The recent UNICEF global study of independent human rights institutions for children stresses:
“Independence is the defining feature of human rights institutions for children”.
The degree of independence is pivotal in determining their success or failure. At the same time, independence is also their most fragile quality. UNICEF identifies sufficient and sustainable financial resources as key to independence.
While the Bill enhances the commissioner’s independence, there are very real concerns that it will not have sufficient resources to fulfil its enhanced duties in a way that ensures its compliance with the Paris principles, which govern international human rights bodies. In a digital age it is crucial that an organisation’s independence is signalled by its website. At present that is not the case, despite protracted negotiations. The JCHR has urged the Government to resolve this issue swiftly, and I would welcome the Minister’s assurance that it will do so.
There are also other important ways in which the office of the Children’s Commissioner must be strengthened. These were raised by the Alliance for Reform of the Children’s Commissioner, and no doubt we will explore them in Committee. For example, there is a case for extending the definition of vulnerable children for whom the commissioner is required to
have particular regard to include separated children who are seeking asylum, children who have been trafficked and children in custody.
Turning to Part 1 of the Bill, the Joint Committee recommended that Clause 1 be amended to make more explicit the Government’s intention that a fostering for adoption placement does not take priority over a placement with family and friends, where that is the most appropriate placement available. I hope this is what the Minister had in mind when making the welcome assurance in his speech. I hope he can reassure us on that.
The Joint Committee also questioned the evidence base for removing any requirement to give due regard to a child’s ethnic, religious, cultural and linguistic background in making decisions about adoption. The danger is that without any such reference, due regard might not be paid to these factors, which would be incompatible with Article 20(3) of the UNCRC. The committee therefore recommended that these considerations be added to the checklist to which local authorities are required to have regard. This was also recommended by the Select Committee on Adoption Legislation.
Finally, I wish to speak about the shared parental leave provisions. At Third Reading in the Commons the Minister commented that these provisions have,
“not had the same prominence or debate”,
as other parts of the Bill. She suggested that this is,
“perhaps a mark of the remarkable consensus on them in general”.—[
Official Report
, 11 June 2013; col. 293.]
I am sorry to break that consensus. I agree that there is a consensus around the goal of encouraging and enabling fathers to play a greater caring role in the first year, and of achieving the necessary culture change for this to happen. However, having willed the end the Government have proved too timid to will the means, through a period of leave reserved for the father on a “use it or lose it” basis. As the Government pointed out in their original consultation on modern workplaces:
“International evidence suggests that fathers’ usage of parental leave is higher under schemes that offer them targeted or reserved leave as opposed to just making shared leave available to the father”.
This is somehow forgotten in the otherwise very thorough impact assessment. As it is, the impact assessment anticipates a take-up rate by fathers of shared parental leave of a mere 2% to 8%. This is hardly enough to achieve a culture change or a real shift in the division of caring responsibilities between fathers and mothers, which I believe to be essential if we are to achieve true gender equality. The evidence cited in the impact assessment suggests that this would have a positive long-term effect on children and young people. The Fatherhood Institute has dismissed what is proposed as,
“a re-naming of the existing parasitic Additional Paternity Leave (i.e. transferable Maternity Leave) with a few ‘tweaks’”.
This may strike noble Lords as a tad harsh, but it makes an important point. A father's right to parental leave will be dependent upon and mediated by the mother. That is not a genuine independent right.
The Joint Committee welcomes the provisions as representing progress towards the implementation of the obligation set out in Article 18(1) of the UNCRC to take steps to ensure recognition of the principle of the “common responsibility to parenting”, but it also expresses disappointment that the Bill does not make the more ambitious provision for shared parental leave that was foreshadowed in the modern workplaces consultation. I know that the Government have said that they will keep this matter under review and that there are powers in the legislation to extend paternity leave and for it to be taken in non-consecutive periods. Can the Minister clarify whether this means that it could be taken at any point during the period covered by shared parental leave? Despite these powers, I still believe that this is a step backwards from the enlightened proposals in the original consultation document. Another step backwards is the absence of any provision for part-time leave, even though this was proposed in the original consultation. As the charity Working Families points out, part-time leave and part-time pay may have significant benefits for families, particularly those on low incomes who would like to extend the time they can spend at home, but cannot afford to have no income.
I hope that we will be able to give these and related matters rather fuller consideration than in the Commons, and that we will be able to rectify at least some of the Bill’s weaknesses as we come to scrutinise this important piece of legislation.