Childcare

Lord Kennedy of Southwark Excerpts

Monday 22nd January 2024 Lords Chamber

[Baroness Barran (Con)]

I thank my noble friend for his question. I too have seen those reports, although our understanding in the department is that the vast majority of providers behave extremely responsibly and provide places for children with special educational needs and disabilities. But, if my noble friend or anyone in the House has examples of where this is not the case, we would be very grateful to hear those. We are also increasing the rate of funding for the disability access fund, and the early years national funding formula contains an element that addresses the additional costs of working with children with special educational needs.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, in June last year, the Minister told the House that this investment

“will make sure that parents are able to access the high-quality, affordable childcare that they need”.—[Official Report, 29/6/23; col. 898.]

But can she now tell the House when the Government will start listening to the sector? It is raising concerns, not least that providers of this childcare are not getting their rates confirmed. The risk is that they will not get them confirmed until 31 March, and they are supposed to deliver the service on 1 April. That is a bit of a challenge. How will we address that?

[Baroness Barran (Con)]

The noble Lord raises an important point, and he will be aware that, at the end of November 2023, we published the local authority-level hourly funding rates. Of course, it is up to local authorities to parse that information and to decide the funding rates for their local providers. We are aware that some local authorities have not yet done that, and we are working closely with them and stressing to them exactly the points that the noble Lord made.

--- Later in debate ---

[Baroness Barran (Con)]

I addressed this in answer to the question from the noble Lord, Lord Kennedy. In November last year, we gave all local authorities their funding rates. It is for them then to communicate with local providers on what the specific rates and the range of rates will be in their area.

[Lord Kennedy of Southwark (Lab Co-op)]

To pursue that point a bit further, the noble Baroness said she had given the rates to the local authorities, but some local authorities have not moved on that. What are we doing to ensure that local authorities very quickly get the rates out so that organisations know what rates to charge and parents can have some certainty? It is 22 January now; we are talking about 1 April. There is a bit of urgency here.

[Baroness Barran (Con)]

I could not agree more, but I stress, again, that the vast majority of local authorities have informed their providers and we are working closely with the remaining ones to urge them to do so as quickly as possible.

Oak National Academy

Lord Kennedy of Southwark Excerpts

Thursday 12th January 2023 Grand Committee

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, I thank the noble Lord, Lord Vaizey of Didcot, for securing this Question for Short Debate. I do not normally speak on education matters so I was pleased to see so many experts with much more knowledge than me in the Room to take part in the debate. I expressed my concern to a colleague outside the Grand Committee. They replied, “I don’t know what you’re worried about; it’s never stopped you speaking before.”

Turning to Oak National Academy, it is clear from today’s debate that it is not without controversy. My noble friend Lord Knight of Weymouth was clear in his concerns that it could cause damage to the market, could cause huge difficulties and could have a detrimental effect. He set out a number of questions for the noble Baroness, Lady Barran, to answer; I am sure that she will address those when she responds to the debate. I would also appreciate it if she could set out what she envisages the relationship between Oak and Ofsted will be. If the former is setting the standard for what the modern curriculum and lesson planning should look like, will Ofsted be responsible for assessing its outputs?

The Institute for Government has called for proper evaluation and assurance of Oak since it has had only limited formal evaluation in the three years since its launch. Does the department intend to conduct an independent impact evaluation of Oak materials? Otherwise, how can stakeholders—teachers and the public —judge how well it is working, and how can we tackle issues that emerge? My noble friends Lady Morris of Yardley and Lady Blower made really important points about what teachers would want this money spent on if they were asked. They made it clear that it would not be what we have got here today. That is a fair point: what would the teachers want this money spent on? What do they need to make themselves more effective in the classroom?

Can the noble Baroness, Lady Barran, say something about the operational independence of Oak? That has certainly been a concern of many noble Lords in the course of this debate. I note that the chief executive of United Learning, Jon Coles, has pulled out of the initiative, citing concerns about its running and the direction of travel. The Minister may say something in her response about how Oak will remain optional. How can we ensure that it remains optional? If Jon Coles and others are pulling out, the risk, of course, is that other suppliers will be crowded out, choice will diminish and schools will end up effectively being forced to use Oak. Can the Minister tell the Grand Committee what the mechanism is to ensure that that does not happen and reassure noble Lords? I would also like to hear from the Minister about how any negative impact on publishers might be mitigated and how innovation might still be encouraged in education resources and the edtech space.

I recognise that Oak was a help to many during the lockdown and had a positive impact on teacher workloads. That was highly welcome. However, we also need the robust evaluation that I mentioned earlier. Given the potential impact on an important and valuable sector for our economy—edtech is worth £3.5 billion—I hope that the Government are exploring every option to assess Oak National Academy thoroughly and address any unintended consequences. I will leave it there.

School (Reform of Pupil Selection) Bill [HL]

Lord Kennedy of Southwark Excerpts

Friday 2nd December 2022 Lords Chamber

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, maybe I should declare that I went to St Thomas the Apostle, a Catholic boys’ school and comprehensive in Peckham. I thought that I got a very good education from that school; prior to that, I went to St Joseph’s in Camberwell, so I had two good Southwark schools.

I pay tribute to my noble friend Lady Blower for securing this spot for her Private Member’s Bill, which has enabled its Second Reading today. She did far better than I have with my Private Member’s Bill. I am way down the list and do not think I will be getting anywhere near this level, but I will keep pressing the Government—you never know. In paying tribute to her, I also commend my noble friend for her work in the field of education over many years. I think we all recognise that and we are pleased to have her here with us, particularly on our Labour Benches.

It is fair to say that all noble Lords who participated in this debate care deeply about education. Ensuring we have the processes, procedures and framework in place so that every child gets the chance they deserve to have a first-rate education is what we all want to achieve. It is also fair to say that schools are struggling with an unprecedented array of issues. They are struggling with the Covid catch-up and all the other issues that we have to cope with, including energy prices, rising food prices and the mental health crisis among children. We talk about and grapple with all those issues every day.

Clearly, there is an uneven playing field in England today. A week ago, DfE data revealed that children on free school meals achieve education outcomes that are 20% lower than those who are not. In Richmond upon Thames, Wokingham or Surrey, 73% of pupils reach a good level of development; but if you grow up in Manchester, Middlesbrough or Luton, it is nearer 50%. Those figures should raise alarm bells for, and are a challenge to, all of us. For me, that is what levelling up is all about.

The noble Baroness, Lady Berridge, gave the whole House some very important points to think about in her excellent speech. As I said, I went to school in Peckham and Camberwell, while the noble Baroness went to school in Rutland. But my housemaster was Michael Wilshaw—who I believe went on to other things. I had a fairly good education at the school I went to. I learned to play the bassoon there and played it in school orchestras. I also learned to love Shakespeare, theatre and stuff. The education I got in my comprehensive school was excellent.

Education to me is all about changing lives for the better, no matter where people live. Sadly, that has failed to be delivered in many cases. If we look at education policy over the last 12 years, for me it is one of failure, and that is most disappointing, and no more so than on levelling up. We hear so much about levelling up from the Government but we see no work at all on levelling up education.

Grammars certainly represent a minority of schools. The evidence does not support that grammar schools improve outcomes for children across the education system. My noble friend Lady Blower highlighted that in some of the figures that she gave to the House, so we support the existing ban on new grammar schools opening. My noble friend Lord Watson of Invergowrie is right that there is a debate about where we as an Opposition should go with our policy and where an incoming Government should be. I am unable, though, to offer support from the Front Bench for the Bill. There are big issues facing the education system around children’s recovery, the supply of teachers and ensuring that young people leave education with the skills they need to thrive and work throughout life. That is our priority, and it should be the Government’s too.

My noble friend Lord Hunt of Kings Heath set out, in a very good speech, some of the huge challenges that we face in education today. My noble friend Lord Austin of Dudley made the point about literacy and numeracy. He is right on that; what we need to do is to offer an education to young people that actually equips them for the world of work—to get a job, provide for their family and then be an active participant in society. To me, those are the most important things.

The noble Baroness, Lady Berridge, also mentioned private schools. The Opposition certainly have policy on private schools. We intend to end the tax break for private schools and invest the money that raises in driving up standards for children across the piece, by delivering thousands of new teachers, professional career advisers for every school and work experience for pupils.

I conclude my remarks by again congratulating my noble friend on securing a Second Reading. I will look carefully as the Bill proceeds through the House.

Schools Bill [HL]

Lord Kennedy of Southwark Excerpts

Report stage & Lords Hansard - Part 1
Monday 18th July 2022 Lords Chamber

[Viscount Stansgate (Lab)]

My Lords, that is one of the reasons why I support what has been said by the noble Lord, Lord Baker, and the noble and learned Lord, Lord Judge. This is not just about a particular Bill; it is about the way we do business. As I am just about to finish my first parliamentary year in this House, and, as other noble Lords have said, a situation of this kind has not arisen before, I would not like to think that this would set a precedent in any way for the way in which the House considers its business in future. When it comes to what I might call negotiating leverage, one day is a derisory offer to the House; with no disrespect to the Minister, that is not good enough. There is great merit in not agreeing to allow a date for Third Reading to be set at this stage.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, it is quite clear that the Bill has been badly received across the whole House. Whole chunks of it have been taken out and it is in a very poor state, and it is clear that it should not have come here at all because it had not been put together properly. I am sure the Minister has heard that; it is not the first time that these views have been expressed. We will have a new Government in September, and then it will be up to the Prime Minister. This Bill may disappear completely—we do not know.

I have been part of the usual channels now for 13 months, and I hope still to be here in September—in one or other part of the usual channels. I will spend my summer working with colleagues in other parts of the House to ensure that the points raised by colleagues are fully understood by the Government, so that we can work together, bring things back and have a system that everyone is happy with. The Minister has heard how dissatisfied the House is. I am sorry, but I think that is important.

One thing I have learned as Opposition Chief Whip is that the forthcoming business can change from day to day, never mind what is going to happen in September. Particularly in March and April, the forthcoming business was changing literally every day. The fact that it is listed for September does not necessarily mean that it will happen then. We do not know. We will have those discussions then.

As the noble and learned Lord, Lord Judge, has mentioned, we have the other protection of his Motion. I am sure that if Third Reading is tabled and he is unhappy with it, his Motion will be tabled for the House to consider. There are many barriers in place to make sure that the House can make its views known if it is unhappy. I am sure the Minister has heard how unhappy the House is.

[Baroness Barran (Con)]

The Minister has heard loud and clear. I suppose I would say a couple of things—but very briefly, because it is important that we get on and hear your Lordships’ thoughts on the rest of the Bill.

I say to the noble Lord, Lord, Grocott that the Bill is not beyond repair. There are significant parts of it—relating to the children not in school register and illegal schools—that are definitely not beyond repair. I also point the noble Lord to the large section of the Bill where there have been no amendments at all.

My request to your Lordships is that when we come to look at the new clauses, noble Lords leave these debates behind and look at them objectively, fairly and with all the experience and critical judgment that they can bring to them. I hope very much that, when that happens, the Bill can see a speedy passage.

Schools Bill [HL]

Lord Kennedy of Southwark Excerpts

Report stage & Lords Hansard - Part 1
Tuesday 12th July 2022 Lords Chamber

[Lord Addington (LD)]

My Lords, I will briefly speak to this. I agree with the points made by the noble Lord, Lord Knight. The Government have moved on this Bill; they have listened. They have given more than I have ever seen a Government give. It is possibly true that they had to. It is the worst Bill I have ever seen, but the Minister was described by one of my colleagues as the rock around which a raging department breaks. My noble friend Lord Shipley came up with that one, not me, so he gets the credit. I hope when the Minister replies that she gives some indication or guarantees of what we are going to get if we carry on with the planning. Things have moved on.

There is a nasty little internal fight going on behind the Minister. As much fun as it would be to wade in, it ain’t my fight. I hope the Minister can tell us what is going on. I have never seen another Bill that has got itself into this big a mess. I am not the longest-serving person here, but I am the longest-serving on my Benches. If nothing happens and the Bill is unacceptable at Third Reading, we can do something then, but let us hear what the Government have to say now. There has been a great deal of work done and a great many meetings. A lot of work is going on here. Grand gestures are great, but let us not get in the way of the work of the House.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, as my noble friend Lord Knight said, we should proceed with Report. I am happy to have discussions with the Government Chief Whip, through the usual channels, between the end of Report and Third Reading, and we will see how we can move forward from there.

I am not sure whether this is the worst Bill; from our point of view, there is quite a long list. Some of the comments from the Government Benches were interesting. Some of the views expressed have been our views for many months or even years, but they seem to have all turned up in the last week. I am not going to get involved in some spat between people on the Government Benches, but I am happy to have that discussion with the Government Chief Whip between the end of Report and Third Reading on how we should proceed.

[The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)]

My Lords, I shall try to address very briefly the points raised by the noble Baroness and other Members of the House, but I do not want to pre-empt the wider debate that the House is about to have on the Bill.

As I said in my letter to your Lordships, the Government will accept the amendments to remove the first 18 clauses of the Bill and will engage extensively with your Lordships and the sector about what replaces them. I feel very concerned at the tone of some of your Lordships’ remarks about the rest of the Bill, which brings in very important measures in relation to children not in school and illegal schools. I remind your Lordships that those parts of the Bill have been extensively consulted on. I do not think it is appropriate to describe them in the terms that they were referred to in today.

My noble friend the Chief Whip has had constructive discussions with the usual channels—I thank the Opposition Chief Whip for his remarks—about how such replacement clauses will receive proper scrutiny in the House and has agreed to relax the rules of debate on ping-pong for these clauses and to allow sufficient time for the first round of ping-pong. I am sure my noble friend the Chief Whip would be happy to speak to any of your Lordships about that in more detail. I thank the noble Lord, Lord Addington, for the tone of his remarks.

Special Educational Needs

Lord Kennedy of Southwark Excerpts

Monday 20th June 2022 Lords Chamber

[Baroness Ritchie of Downpatrick]

To ask Her Majesty’s Government what steps they will take (1) to increase the Special Educational Needs budget in the current financial year, and (2) to ensure that this is a separate and protected budget line in the education sector.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, on behalf of my noble friend Lady Ritchie of Downpatrick, and with her permission, I beg leave to ask the Question standing in her name on the Order Paper.

[The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)]

My Lords, we are already increasing high needs funding for children and young people with more complex special educational needs and disabilities by £1 billion this financial year to a total of £9.1 billion as part of a schools funding allocation of £53.8 billion. It is important that local authorities and schools can use their budgets flexibly to assess what provision is required for the young people for whom they are responsible.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, there are currently more than 1 million children in the UK with special educational needs. In a Written Answer from the Minister received by my noble friend Lady Ritchie, it was disclosed that the mainstream allocation, which is supposed to represent £6,000 per student, was last year £4,136. As the funding is discretionary per local authority, as opposed to being allocated in a separate budget line by the Government, some children will get even less than that £4,000. In view of this, will the Government sort the problem by simply creating a separate budget line for SEN funding that they can then provide to local authorities in full?

[Baroness Barran (Con)]

I understand the point the noble Lord is making, but we believe it is very important that we give schools flexibility in how they spend their money. Local SENCOs, head teachers and other professionals working locally will be best placed to understand the needs of pupils in the school and the support they require.

Looked-after and Adopted Children

Lord Kennedy of Southwark Excerpts

Tuesday 28th January 2020 Lords Chamber

[Lord Agnew of Oulton]

My Lords, we have created a large number of initiatives over the last few years. For example, the adoption support fund has provided £136 million since 2015 and has helped some 50,000 families. We have also committed a further £45 million in 2021 to provide therapeutic support for adoptive and eligible special guardian families through the same fund. The regional adoption agencies, through which over 70% of local authorities deliver their adoption services, are creating a system through which children are matched with adopters as quickly as possible and with the matches that are best suited.

[Lord Kennedy of Southwark (Lab Co-op)]

The noble Lord did not address the last part of the question from the right reverend Prelate about the adequacy of resources for local authorities to fulfil their duties. Will he answer that part of the question, please?

[Lord Agnew of Oulton]

My Lords, as I mentioned, we have provided interventions when local authorities have failed, and have seen 47 local authorities improve in their Ofsted inspections over the last five years and not revert downwards.

Social Justice Strategy

Lord Kennedy of Southwark Excerpts

Thursday 16th October 2014 Lords Chamber

[Lord Nash]

I am sorry; I did not appreciate that I was up and that the noble Lord had in fact finished. I think that I have answered the question concisely.

I start by thanking my noble friend Lady Tyler for so eloquently opening the debate on this very important strategy and our underlying ethos. Social justice is at the heart of this Government’s work. We have a two-pronged approach: education and welfare reform. These are the only ways that we can break—

[Lord Kennedy of Southwark (Lab)]

My Lords—

[Lord Nash]

I think that I must continue. These are the only ways in which we can break that dreadful cycle of generational unemployment and/or family breakdown to which many noble Lords have referred. That is why this Government have the biggest programme of educational reform for 70 years in train, and substantial welfare reforms under way.

Over the course of this Parliament my department has brought in a substantial number of reforms to support better educational outcomes for all children, but particularly for the most disadvantaged. We have introduced the pupil premium to ensure that the most disadvantaged children realise their potential. Funding for this will reach £2.5 billion in the coming year: £1,300 for primary pupils, £935 for secondary, and £1,900 for looked-after children. More children from deprived backgrounds than ever before will benefit from free childcare at the same time as we strengthen the quality of early years education. From this September, every pupil in reception, year 1 and year 2 will receive free school meals, which will make a huge difference to ensuring that every child, regardless of family circumstances, is ready to learn.

Noble Lords will know how passionate I am about the academy and free schools programme. We have created more than 1,000 new sponsored academies, turning around schools that had previously been failing for years and which often serve the most deprived communities. We have approved 363 new free schools, including 39 alternative provision schools, 22 special schools, 56 university technical colleges and 46 studio schools. When open, those will provide 250,000 new places in total, the vast majority of which are in places of need. Some 25% of open free schools have been judged outstanding, making them our top performing group of non-selective schools.

We are also reforming the curriculum and exams, both academic and vocational. Increasingly schools are doing more EBacc subjects, giving pupils, particularly those from deprived backgrounds, the essential cultural capital they need, given that they do not get it at home. We have dramatically overhauled vocational qualifications and substantially expanded and improved apprenticeships. We are reforming teacher training with far more of it conducted in school. We have introduced bursaryships into teacher recruitment, and have introduced phonics into primary schools. We are also investing in the school estate and are arresting the sharp decline in our relative educational performance that took place in the first decade of this century.

I congratulate the right reverend Prelate the Bishop of Ely on his excellent maiden speech and thank him for all the work he does in support of social justice, but particularly in the field of education, with academies and in general, and I wish him well in his new position as chair of the National Society. The church’s contribution to education in this country is long-standing, very substantial and highly impactful, as it is of course in its work on poverty in general.

So far as welfare is concerned, at the beginning of this Parliament it was clear that a new approach to supporting the most disadvantaged individuals in society was needed. Too many people spent their lives moving between different support mechanisms, never receiving the support to make a long-standing difference to their life. Too many people were faced with multiple barriers to improving; for example, poor education and lack of skills, drug or alcohol addiction, a criminal record, lack of stable family support, no stable home, problem debt and health problems. Those problems do not exist independently of each other. They can interact, and together create a vicious cycle which is hard to break out of. The piecemeal approach of the past did not effectively tackle the multiple problems people face, so this Government wanted to look for new ways to tackle these issues. We wanted to deliver real and sustained change.

First, we recognised that this was not something that could be solved by central government alone—the old top-down approach had not worked. We needed to involve local authorities, the voluntary sector and business; in other words, we needed a community-based approach. We needed to ensure that we got value for money—we knew that large sums had been wasted in this area in the past. We had to build an evidence base of which interventions work, solutions had to be on a payment-by-results basis, and we had to measure the progress we made against key indicators.

Most importantly, our reforms needed to achieve a long-lasting recovery rather than management of entrenched problems. That meant looking for and treating the cause of the problems rather than the symptoms. It also means intervening early in people’s lives to prevent problems in the first place. For example, we can work with a drug user to help them tackle their addiction. However, to turn their life around we need to ensure that they have stable housing and the skills to find employment, and we need to tackle other underlying health problems. Without that rounded support it is unlikely that an individual will be able to make a long-standing change to their life. We are delivering the strategy through growing the social investment market, using payment-by-results models and collaborating with local authorities, the voluntary sector and employers. These are not easy problems to tackle and there is no quick fix; making our vision a reality will take time. However, we have made great progress towards our goals. Our first progress report was published in April 2013. This autumn we will publish the second social justice progress report, giving details of how we are implementing the strategy and our achievements so far. This November also sees our third annual social justice conference. This brings together delegates from government, the private sector, the voluntary sector and most importantly the people whose lives we are transforming to work together to deliver social justice.

I will give a few examples of the progress we have made across the social justice strategy. The family environment is the foundation of a child’s life and we are committed to supporting safe and loving family relationships. Relationship support policy is being brought under one department, with DWP investing £30 million to successfully deliver marriage preparation, couple counselling and relationship education. However, when relationships break down, we are trying to minimise the negative impacts on children by promoting more collaboration. The child maintenance system has been reformed to encourage separated couples to agree their own arrangements and reduce disputes.

--- Later in debate ---

[Lord Nash]

If I cannot provide the noble Lord with an answer before I finish speaking, I will write to him.

The right reverend Prelate the Bishop of Truro mentioned that we have more than 100,000 young carers. I know all too well from my work in schools that too often we struggle to get pupils on residentials because of their duties caring both for adults and siblings. Sadly, home life has collapsed in recent decades for many children. We need to educate these children, supported by welfare reforms, out of this dreadful cycle. I agree with the right reverend Prelate’s good points about the glue of justice.

The noble Lord, Lord Northbourne, developed the right reverend Prelate’s thoughts in relation to disadvantaged families and breaking the cycle. I agree entirely. Character development and bringing up our pupils in schools to be part of a happy family is a subject dear to my heart and to that of the Secretary of State for Education. We are encouraging and setting expectations for all schools that soft skills, character development, grit and resilience are essential parts of school life. It is increasingly prevalent in the academies movement. The noble Lord mentioned boarding, and we are keen to ensure that more local authorities see this as a real option.

My noble friend Lady Tyler asked about the impact of welfare reform in relation to the Cabinet committee. It considers many different government policies, including welfare reform, disadvantaged people and how to join up policy to support those with multiple disadvantage.

The noble Lord, Lord Ramsbotham, talked about regular SLCN assessment. We discussed this as some length during the passage of the Children and Families Bill. I can assure the noble Lord that the Government share his aim of identifying SLC needs as early as possible. We believe that our reforms are designed to do that. We are, of course, reforming assessment in primary schools in particular, and ensuring that all schools have proper baseline tests to benefit all pupils. Our phonics reforms are having a substantial impact on pupils’ word-reading skills.

I agree entirely with the noble Lord that many people in youth custody lack basic skills and present with insufficient outcomes. I know that he has concerns about this model but we hope that with our EHC plans the principal of the secure college with an SEN-qualified co-ordinator will help the matter. He talked about gang advisers and the good work of the St Giles Trust on recreating a good family. I entirely agree with him. I will pass his points about the criminal justice system on to that department, as well as his points about cross-departmental work. I am sure that he will be pleased to hear that this Government have narrowed the gap in attainment for children who have free school meals.

The noble Baroness, Lady Uddin, referred to the outlook for the disabled. We have seen 116,000 more disabled people in work in the past year alone. We are spending £50 billion a year on disability benefits and services—more than the previous Government. Our SEN reforms, I hope, will substantially improve the outlook for all children with SEN, from whatever background, including those with autism.

To close, I thank my noble friend Lady Tyler for bringing this debate to the House. I congratulate again the right reverend Prelate the Bishop of Ely on his excellent and eloquent maiden speech. Social justice is about transforming the lives of the most disadvantaged people in society and is at the core of this Government’s reform. It is about intervening early to prevent problems becoming entrenched in the first place. We are working with local government and the voluntary and private sectors to provide the rounded support that individuals need to turn their lives around. Many interesting points have been raised and I thank all noble Lords and noble friends for their contributions to the debate.

[Lord Kennedy of Southwark]

Before the noble Lord sits down, will he please respond to point that my noble friend Lord McAvoy made? Where is the noble Lord, Lord Freud? Why is he not here today? My Question this morning was answered by the noble Lord, Lord Newby. There must be a reason why the noble Lord, Lord Freud, is not here. Please answer the question. I refer the noble Lord, Lord Nash, who refused my intervention earlier, to paragraph 4.31 of the Companion.

[Lord Nash]

I think that I answered the question, which I was asked to answer concisely. As to the intervention, the clerk indicated to me that I did not have to give way.

Children and Families Bill

Lord Kennedy of Southwark Excerpts

Wednesday 29th January 2014 Lords Chamber

Moved by

[Lord Kennedy of Southwark]

57C: Clause 81, page 57, line 16, at end insert—
“(7) In preparing and implementing individual health care plans and following the guidance issued by the Secretary of State, local authorities, clinical commissioning groups and governing bodies must work together in fulfilling their functions under this Act.”

[Lord Kennedy of Southwark (Lab)]

My Lords, I am grateful to the Minister and his officials for the time that they have given to me, my noble friend Lady Young, many of the staff at Diabetes UK and many others. I draw noble Lords’ attention to my entry in the register of Members’ interests: I am the chair of a small council at Diabetes UK.

I very much welcome the decision that the noble Lord, Lord Nash, and the Government made to include in the Bill a duty on schools to make arrangements for children with health conditions. I am genuinely grateful for that; it is a hugely positive step, and one that we hope will ensure that children with medical conditions get the support and help that they need to thrive at school. The draft guidance sets out many things that schools must do to ensure that children with medical conditions can take part in all parts of school life and give them the best possible chance of reaching their academic potential while staying safe and healthy. The draft guidance also acknowledges the different roles that CCGs, local authorities, schools, nurses, GPs and providers of health services have in ensuring that children with medical conditions get the support that they need to be in school. School nurses have several key roles in helping schools to meet the needs of children with medical conditions.

For many children with medical conditions, their specialist nurse often fulfils this role. Without this medical expertise, schools would not be in a position properly to support children with medical conditions, from awareness training about a condition right up to full training about a child’s condition, the administration of medicine and the use of equipment. While these responsibilities are included in the draft guidance, there remains no requirement in the Bill for local authorities or CCGs to fulfil their roles. That is why I have tabled Amendment 57C. It is essential that schools know that they can rely on their local authority, CCG and local health services to provide the expertise and training their staff will need.

The problems people report to many of the charities in the Health Conditions in Schools Alliance suggest that there will be an initial increase in requests for training as schools improve their support. We do not want to see some schools left without the training and skills their staff need.

We are already aware that there have been many occasions when schools have asked for training and the local authority or the local health service has not been able to provide it. The draft guidance refers to the NHS Act 2006 and Section 10 of the Children Act 2004, but these are general duties rather than ones that specifically meet the very particular needs that schools will have in securing the training they need for their staff. Has the Minister considered the possibility that some schools will not be able to access the training and expertise their staff need? If local authorities and CCGs cannot or will not provide the training and skills they need, will the Minister clarify what the next step is for a school in that situation?

When considering this point, it is important that we face up to some of the realities. We know that there are roughly 1,300 fully qualified school nurses. The average school nurse already looks after around 10 primary schools and two secondary schools. Even if the number of school nurses were to increase, it would take several years, and the duty needs to start to make a difference this September.

At the moment, we know that for more complex needs it is often the specialist nurse who organises training, helps to produce the individual healthcare plan and advises how much support each child requires. If the duty is to make an impact, the roles of the specialist nurse, school nurses and the local authorities that commission them and other healthcare professionals are vital. How will the crucial role of healthcare professionals, local authorities and CCGs in making sure that things improve in school for children with health conditions be communicated to them?

The indicative draft makes it very clear just how important an individual healthcare plan is. An individual healthcare plan draws together the thoughts of the school, a healthcare professional, pupils and parents. It makes clear how the condition might affect the pupil, sets out the medicine and equipment they need, and details the management of their condition, who should be trained, the level of support needed, what to do in emergencies and who is responsible for doing what. It is also tailored specifically to each child or young person with a medical condition. Yet the indicative draft guidance also states that not all children with a medical condition will need an individual healthcare plan. The Health Conditions in Schools Alliance has said that it cannot envisage a situation in which a child with a medical condition would not need an individual healthcare plan. Even in circumstances where the pupil manages the condition themselves and is rarely affected by it, it is worth noting in an individual healthcare plan that the condition exists, the medicine the pupil takes to control it and what to do in an emergency. As it stands, the guidance gives schools an opportunity to opt out of delivering individual healthcare plans. It also raises the question: who makes this decision? We do not want a situation where someone is making arbitrary judgments on who does and does not get an individual healthcare plan.

The draft guidance makes very clear the role of the governing body in fulfilling the duty, both in agreeing policies and in making sure that they are delivered. Paragraph 10 of the guidance covers renewing policies regularly, which is very welcome. It would be strengthened further if it was made clear that governing bodies should audit the support the school provides for children with health conditions so that they know their medical condition and put it into policy, and ensure that any individual healthcare plans are delivered.

Many charities have recognised the complaint that some children’s individual healthcare plans are not followed. Making sure that the school fulfils what has been agreed will contribute to ensuring that children get the support they need. Again, I thank the Minister for what he has addressed on this subject so far, and I am pleased with what has been achieved to date. If he could respond to the questions I have asked, I would be very grateful, and if he could give some clarity on these last few points, I think we will be able to make real progress here.

--- Later in debate ---

As I have said, we will be testing all these points during public consultation. We will of course consider carefully all comments that we receive. We plan to launch the consultation next week and would be grateful for comments from noble Lords on this before finalising the guidance for schools to use from September this year. It is my view that the right drivers and incentives are now in place to ensure we achieve our objectives on this important issue. Culture change is never easy and does not happen overnight but I believe that on this issue we are all united and behind the same goal. As the new duty is implemented, we will keep the arrangements under regular review. I hope that that is sufficient to reassure noble Lords and I urge the noble Lord, Lord Kennedy, to withdraw his amendment.

[Lord Kennedy of Southwark]

My Lords, I thank the noble Lord very much for his response. I still have one or two concerns. The opt-out is an issue, as is the issue about what governing bodies and schools do. I accept his kind offer to meet with officials, which I will do in the next few days. Other noble Lords may want to come with me. There are one or two small things that can be ironed out. Having said that, I am very grateful for what the noble Lord has done up to now and I beg leave to withdraw the amendment.

Amendment 57C withdrawn.

Children and Families Bill

Lord Kennedy of Southwark Excerpts

Wednesday 23rd October 2013 Grand Committee

[Lord Kennedy of Southwark (Lab)]

My Lords, earlier in this debate, I referred the Grand Committee to my declaration in respect of Diabetes UK. I shall speak to my Amendment 223—I am very grateful to the noble Lords who have supported it—and Amendment 241A, which was tabled by the noble Lord, Lord Nash. I am very grateful to him for tabling his amendment. He has clearly listened to representations made to him. The amendment goes a long way to address the issues raised in my amendment.

I reinforce the comments made by the noble Baroness, Lady Howe. The Health Conditions in Schools Alliance supports this amendment. The alliance is made up of 30 organisations representing more than 1 million children. It called for a duty to be placed on schools to support children with health conditions. Children with conditions such as asthma or diabetes are often left on their own or unsupervised and are vulnerable to an attack or a hypo. Some children are prevented from treating their condition as soon as they recognise the symptoms, often meaning that the situation ends up worse than it should be.

A lack of understanding from teachers and staff can make the situation worse by making a child anxious and stressed about their condition, which can make it worse than ever. A lack of understanding and training sometimes means that teachers and staff are not able to recognise that certain conditions or medications can affect learning and behaviour. Poor management of conditions often means that children miss lessons. Sometimes schools do not even have policies for absence and for whether a lesson has been learnt or not.

Good management of conditions means that children are better able to concentrate and get the most out of their time in school. Exclusion from school, whether from a trip, a lesson or for months at a time, is one of the most common problems for children who face long-term health conditions. In the past few days alone, Diabetes UK has had a number of calls to explain the problems of children. I shall not mention the children by name, but one 10 year-old girl who uses a pump has been told that she cannot go on a residential trip unless her mother attends as well. The dad was not considered appropriate. It is an activity holiday, so the girl would exercise far more than usual. A staff member would not be able to look after the child unless the mother attended, so she cannot take part in activities. This is quite common. Unless parents attend residential trips and deal with the medication, children are excluded from them.

The Anaphylaxis Campaign is aware of a 12 year-old girl in year 8 who has not been able to attend school for a single day this term because the school and the local authority have not properly prepared for her arrival.

Cases where parents are left to provide care in school are known. Some parents have to give up their jobs or reduce their working hours to make sure their child attends school.

The GMB, my union, and Unison support this amendment. Their members are often left to deliver the care, such as injecting insulin for children with diabetes or giving children with epilepsy their medication. This is a major issue for trade union members. They often feel they are not properly trained or that the training is never refreshed. They are anxious about responsibility for supporting children with health conditions and are not helped to fulfil that properly. This is deeply worrying for children with health conditions and their families, and is also grossly unfair on members of staff who are required to look after children but are not given the proper training or support to do the job properly.

My amendment places a duty on schools to work with local health services to offer training and refresher training to staff. It would require schools to have a proper policy in place to support children with health conditions. That would mean that schools are prepared for things such as staff leaving or being absent for school trips, and would know what training their staff can expect. All children with a health condition should have individual healthcare plans agreed between the school, the child, the parents and specialist nurses, tailored to meet the needs in various situations. Looking after children with health conditions is not impossible, and many schools do it incredibly well. A combination of good leadership, planning, communication and training shows how it can be done. It is not burdensome. Schools that achieve that in the end spend far less time looking after those children, who manage successfully themselves. Along with healthier children, well managed conditions mean fewer missed lessons, fewer incidents in classes, fewer meetings with worried parents, happier children and more confident staff.

We know that the Department for Education wants to reduce bureaucracy in schools, but at the moment, the only option that parents have if their complaints are ignored is the costly and time-consuming process of going to tribunals. One local authority was found to have discriminated against a boy with diabetes. It is now appealing the decision. It has already cost tens of thousands of pounds. In addition to financial costs, it takes at least six months before a tribunal meets to make a decision. That is six months of meetings, compiling evidence, filling in forms and anxiety and stress for all parties concerned.

A clear duty on schools will mean that staff are given the support and training they need to offer, with confidence, the care that children need and make the lives of parents, children and schools much easier. A duty will end the current outrageous situation whereby some children’s health is made worse or put at risk simply by attending school. All children should be given the best possible opportunity to reach their full potential at school. At the moment, far too many children with health conditions are denied the right. A duty will help them to reach their potential and allow them to play a full part in school life.

As I said at the start of my remarks, I am grateful to the Government and the noble Lord, Lord Nash, but I will probably push a little further on Report. I think that the amendment does not go quite far enough. I hope we can address the whole issue of relevant NHS bodies being fully engaged in the care plans of individual children. The amendment does not quite address that.

[Baroness Howarth of Breckland]

My Lords, I will be brief—I am sure that the Minister will be grateful for that—but I want to say two things at the beginning. First, the Minister needs to know that many organisations think that a great deal in the Bill is extremely welcome. The tone of the debate seems critical. I think that we have the number of amendments that we have simply because people care about the issue and have discussed it at length. I have met several organisations which have said how valuable a great deal of what is in the Bill is taking forward work with disabled children. I thought that we needed to have that on record while we are all complaining bitterly about the things that the Government have not done.

I shall speak to Amendment 220. Most of the points have been made, and I will not make a long, heartfelt tirade about the group that I care about. I just say that I work closely with children with congenital heart disease, children born with half a heart, many of them with hypoplastic left heart syndrome. They usually look like perfectly ordinary children but they are in serious difficulty when they get to school. I am therefore immensely grateful to see the Minister’s amendment but I ask that we see the regulations, because the devil will be in the detail as to whether it really meets the requirements. If we can see the regulations early, it might relieve the pain on Report, when people will otherwise want to speak at length again.

My other question is: once we have the regulation and the detail, how will families be able to complain without taking themselves through massive tribunal cases, as we know has happened? It might be worth the Government looking at how parents raise issues under the regulations when they feel that their needs have not been met, because that would save everybody pain. It is no use saying to ourselves that Ofsted will deal with that, because we know that it visits only every four years. Some children have been right through school and never seen an Ofsted inspection. If we could have some clarity on that, it would certainly speed things up.

--- Later in debate ---

In view of the points I have made and the amendment we have tabled, I hope the noble Lord will withdraw his amendment.

[Lord Kennedy of Southwark]

Looking at my Amendment 223 and the government amendment—I am very pleased with it—an omission is the NHS. My amendment places a duty on NHS bodies to co-operate with school governing bodies; the government amendment does not. I want to avoid coming back on this on Report. We are now so close to getting this. I do not want to find that the guidance is great and it all works fine, but that it all falls over because there are problems between the NHS and schools. Is the Minister prepared to facilitate a discussion between the NHS, the Department of Health and representatives here and elsewhere before Report to close that point? It would be wonderful.

[Lord Nash]

I am happy to stimulate that discussion. The guidance will make clear our expectation that schools, local authorities and health professions work together in the interests of the child. That is essential. I am happy to discuss this further with the noble Lord.