Children’s Wellbeing and Schools Bill
(2 days, 18 hours ago)
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Lord Lucas
Member’s explanatory statement
This amendment seeks to enable debate on the implications of adding “and others” before section 23ZZA of the Children Act 1989.
Lord Lucas (Con)
My Lords, I will also speak to my other amendments in this group.
Amendment 77 just asks the question: what is the effect of “and others” at the end of Clause 6(2)? Is it just to enable the insertion of Clause 6(3) or does it have wider implications that I have not noticed?
Amendment 78 is to encourage good and improving practice by making sure that what is being done is published so that it can be assessed and criticised by the local electorate, and there can be a stimulus for doing better. Amendment 81 enables the Secretary of State to enlarge on that by specifying the way in which local authorities should report on the educational achievements of children in need of or in kinship care—again, with the objective of making sure that the information is out there against which the local authority will wish to report improvements. I beg to move.
The Earl of Dundee (Con)
My Lords, I support strongly this group of amendments.
Does the Minister agree that local authorities would very much welcome the positive effects of these constructive amendments? Thereby, local authority education success stories would become more visible and, as my noble friend Lord Lucas has already implied, that visibility in itself would clearly assist further improvement.
As indicated in Amendments 78, 79 and 80, this would apply to the educational achievements of children in need or in kinship care, as it also should to all previously looked-after children who were adopted.
As correctly advocated in Amendment 80, career and employment opportunities ought to be included as part of educational achievement.
Taking into account the increasing benefits from virtual education, I am sure that the Minister will concur as well that, in these and other respects, and as recommended in Amendment 83, the Secretary of State should equally now review the current and future role and remit of virtual education, so that it can become properly funded.
Baroness Stedman-Scott (Con)
My Lords, I shall speak to my Amendment 80, which
“seeks to include career and employment opportunities as a part of educational achievement”.
I have spoken many times in this Chamber, and will probably do so again, about the need to ensure that we an educational system that prevents young people becoming NEET.
I will share some statistics with noble Lords. There are 354,000 young people who are unemployed and actually seeking work who are NEET, and 569,000 who are economically inactive and not seeking work. According to the Department for Education’s 2025 report, 41% of care leavers aged 19 to 21 were deemed to be NEET. I add to this that I discovered recently that 66% of young people in Feltham young offender institution and 25% of the adult prison population had been in care. I have no doubt that these figures will ring alarm bells for all of us, and so they should, so what can we do about them?
The main factors that contribute to these figures—the main reason why these young people are in the position they are and NEET—are educational disruption; poor mental health and emotional well-being; lack of stable housing; limited support networks; stigma and discrimination by employers for those young people who have been in care; and inadequate transition planning when they move from education to employment. It is this last point that I will focus on. I hope that all noble Lords, including the Minister, will agree that we must have a system that prepares all young people, in particular those who have been or continue to be in care, to make an effective transition from education to work.
My first question is: can the Minister tell us what tailored and individual careers advice and coaching the Bill will put in place, working with the DWP and all its great partners, to ensure that young people get the service they need? How will the Bill bring employers into the lives of young people at a much earlier stage and dispel the negative assessment they make which keeps these young people out of the workplace? Will she please ensure that every educational establishment publishes its NEET tables, so that we can see what is working, do more of it and help those who are not doing so well? Prevention is much more effective than cure. It costs less in financial terms and puts young people on the right path. It was explained to me that it is better to be a fence at the top of the cliff than the ambulance at the bottom, and I am sure that noble Lords will agree.
One of the most enjoyable experiences I have had in this House was to be a member of the Public Services Committee, which is so ably chaired by the noble Baroness, Lady Morris of Yardley. Before I left that committee, we produced a report entitled Think Work First: The Transition from Education to Employment for Young Disabled People, but its findings, although they concern specific help for disabled people, have resonance with all young people.
The second recommendation in that report says:
“The Government should work with local authorities to improve the availability of ‘ready to work’ programmes such as that provided by ThinkForward”.
Another happy moment in my career was to develop and deliver the prototype for ThinkForward. I can tell noble Lords that it works and it can be done. It can be done in schools, where the coaches are part of the school management team. Young people at risk of becoming NEET are identified very early and get a dedicated coach who is on the journey with them. The results are that 85% of the 14 to 16 year-olds involved showed significant improvements in attendance; 60% of the school leavers achieved at least five GCSEs at grades A to C; and 96% of the 17 to 18 year-olds were in education, employment or training. I know that ThinkForward and other organisations would be more than happy to work with the Government, and it was a private equity foundation that put the funding model in place to make sure that it worked, so not every penny came from the Government—I hope that that might excite the Minister. So, it can be done, it must be done, and I hope that the Minister will confirm that it will be done.
Lord Hampton (CB)
My Lords, I support Amendment 79 in the names of the noble Baroness, Lady Barran, and the right reverend Prelate the Bishop of Manchester. Following the statistical barrage from the noble Baroness, Lady Stedman-Scott, I shall give some more. According to the Drive Forward Foundation, children in care on average achieve an Attainment 8 score that is less than half of the overall pupil population. Just 14% of care leavers go on to university, compared with 47% of all young people. Some 22% of care leavers say that they always or often feel lonely, compared with 10% of all young people, and 15% of care leavers report that they do not have a good friend, compared with 5% of all adults. One in three care leavers becomes homeless in the first two years after they leave care, and 52% of children in care have a criminal conviction by the age of 24, compared with 13% of non-care-experienced children. One line in the Bill could achieve so much.
Lord Bellingham (Con)
My Lords, my Amendment 83 seeks to address what is currently a series of gaps in the information that we have about the effectiveness of the virtual school head role. Clause 6 extends the statutory duties of the VSH role to children with a social worker and children in kinship care. The question is whether it needs to be put on a statutory footing and what resources are necessary to implement it effectively. As I understand it, we do not yet have the evidence that confirms the positive impact of that role, nor the emergence of value for money.
I take your Lordships to the interim evaluation, which was published in 2024. On page 11, it states:
“The evaluation of Phase Two follows a broadly cyclical pattern of data collection and analysis, alongside ongoing analysis of secondary national datasets … We assumed that there would not be only one way of providing effective support and that the aim at this stage was to support shared learning about potentially effective practice, rather than to conduct an effectiveness trial … The final report for this evaluation … will test whether there are any early signs of progress at aggregate level in attendance, persistent absence, suspension and permanent exclusion”.
I suggest to the Minister that the policy document for the Bill seems to overstate the impact. That policy document says:
“The evaluation of the extension shows early signs of improved educational outcomes … with several local authorities reporting improved attendance, reduced exclusions and enhanced collaboration between education and social care services”.
I am concerned that trends in attendance could be influenced by a range of other factors apart from the presence of the VSH. We therefore possibly have correlation rather than causation. I may have misunderstood things, but can the Minister please correct me if I am wrong?
I hope the Minister will look sympathetically at my amendment. It seeks to fill the evidence gap, both in terms of impact and in terms of resources, before extending the role of VSHs still further. Otherwise, the Government are at risk, in my opinion, of expanding and even diluting the impact of a role without the evidence that clearly demonstrates that it really can make a difference. I hope the Minister will look at this amendment sympathetically and in the spirit in which it is drafted.
Lord Agnew of Oulton (Con)
My Lords, my Amendment 82 would provide further opportunities for children in kinship care to have access to boarding school places where appropriate. The Government should be applauded for their commitment to raising the profile of kinship care as a vital part of the ecosystem for children from broken families. As we heard earlier in the week from the noble Lord, Lord Russell, there are more than 150,000 children in kinship care in England. Kinship carers are unsung heroes, without whom it would be almost inevitable that the care system would buckle.
For most of Part 1 of the Bill, I have taken a back seat as I do not have direct expertise in the many complex areas that it seeks to tackle. However, for this proposal I was the Minister responsible for boarding schools, both state and private, when at the DfE. Noble Lords participating in the Bill will know what a huge task confronts kinship carers when taking on children, more often than not from broken homes and carrying the emotional scars of the unhappiness that has emanated from this breakdown. We have heard how the level of support for kinship carers is patchy at best and often almost non-existent. For many potential kinship carers the prospect will simply be too daunting, even if they might be the best solution in a given set of circumstances.
That is why I am so keen to give much more oxygen to the prospect of offering boarding school places to children in kinship care. Where it works for the child—and, of course, this is not always the case—it can provide a vital partnership to the carer in the upbringing of the child. At the simplest level, the day-to-day caring responsibilities for the kinship carer are reduced to around 16 weeks a year from 52 when boarding school is providing a home for the balance of the time.
I believe it is a dramatically underutilised resource. There is an unexplained squeamishness across many directors of children’s services to use it more. However, when I was the Minister in the area in 2018, we published a small longitudinal report showing just how impactful it could be. By coincidence, it was work led by Norfolk County Council, where I live, and the results were remarkable. We at the DfE then jointly published the report—it is no longer available on the DfE website, which is a shame. I urge the Minister to not only read it—I can send her a copy—but ask officials to put it back up again.
In essence, it tracked 52 vulnerable young people for between two and five years. Over that time, 33 of these young people were able to come off the risk register completely following placement in boarding school. Dr Claire Maxwell, who contributed to the report, then a reader in the sociology of education at UCL, highlighted three specific benefits. First, the setting can provide amelioration from risky emotional and physically stressful situations—for example, a circuit breaker from a local gang culture. We heard from the noble Baroness, Lady Stedman-Scott, a moment ago about the number of children from care ending up in prison—it is appalling. Secondly, there is improvement of educational outcomes. Thirdly, it is a more cost-effective solution than other forms of care intervention. Dr Maxwell’s view, and that of charities in the sector, was that successful boarding placements can help strengthen families experiencing significant difficulties. The longer school day that is part and parcel of boarding school life can provide a form of round-the-clock care and is part of the reason for the improved emotional and educational outcomes.
In this study, the 52 children were placed in 11 different boarding settings, a mixture of state and private provision. Some 21% of these children achieved a formal GCSE qualification in maths and English—above grade C, in old money. This compared with a national looked-after children pass rate in that year of 17.5%. These are not dramatic differences, but put alongside the substantial reduction in the numbers being removed from the risk register, it makes for a very positive story. This study also compared costs against more institutional forms of care beyond kinship. At the time of writing the report, the Norfolk Boarding School Partnership had an average cost between £11,000 and £35,000 a year, compared with £56,000 for a looked-after child in a normal or more standard setting. This translated into a saving of £1.6 million over four years for this group.
Obviously, kinship care is more affordable because carers get less support, but my argument is that if boarding was offered to potential kinship carers, the take-up would be much higher, therefore reducing local looked-after children costs. Today, the Royal National Children’s SpringBoard Foundation offers bursaries for looked-after children attending private boarding schools. We know that the educational outcomes for looked-after children remain way below the national average, and this is not a silver bullet—but, combined with the other benefits, as I have outlined, I believe it is a vital additional tool in the box to support these vulnerable children who never chose this harsh route into life. I hope the Minister will support me by agreeing to my amendment to provide more awareness of these opportunities.
Baroness Berridge (Con)
My Lords, I was pleased to be asked to speak to Amendment 82 by my noble friend Lord Farmer, who is unfortunately not able to be here today. As well as the evidence I will refer to, I was in your Lordships’ House back in 2014 when my noble friend gave his maiden speech. A Conservative Party treasurer perhaps brings a certain stereotype to mind. However, you could have heard a pin drop, as a globally successful metals trader spoke of being a young teenager in a chaotic home with an alcoholic single mother. But he went to the boarding house at the state-run Wantage Grammar School. It rescued him.
It made me reflect on the role of boarding schools. I was born and bred in Oakham and I have had to deal for many years with the annoyance of, “You’re from Oakham? So you went to Oakham School, then?” “No”, I reply, “there is a state comprehensive as well in the town, called Catmose College”—which was rated “outstanding” in every category in an Ofsted inspection in 2024, if noble Lords will forgive the shoutout for my state school.
This testimony by my noble friend is supported by the 2023 study by the University of Nottingham’s School of Education, commissioned by the Royal National Children’s SpringBoard Foundation, which found that children in or on the edge of care who attend state boarding or independent schools experience significant educational and financial benefits. They are four times more likely to achieve good GCSE passes in English and maths and five times more likely to pursue and succeed in A-levels, leading often to higher education. The study estimates that, for every 100 children attending boarding schools, lower social care costs and increased future earnings mean there is an economic return on investment of approximately £2.75 million. The report stated that, when vulnerable children in boarding schools were interviewed, they said such opportunities were life-changing.
This amendment would also make it significantly easier, as my noble friend Lord Agnew outlined, for kinship carers to step forward to offer a home to a child who might otherwise enter the state care system. Not every family will want or be able to house the child 24/7, 365 days a year. That can be a daunting task. They know of course that their own children will be greatly affected, and their house might not be big enough for that extra child. Kin altruism can be greatly aided and encouraged when a child can be educated in this way in the state boarding sector, giving the carer breathing space to attend to all their other responsibilities, while knowing that the child is safe and cared for in the state boarding sector. I hope the Minister will look at the evidence carefully in relation to this matter.
Lord Storey (LD)
My Lords, we have no amendments in this group, but we are very sympathetic to them. When you look at all the statistics for children in care, your heart goes out to those young people, and we should do everything humanly possible to help them, develop them, encourage them—and any other adjective you can think of.
I will deal with a few of the amendments. First, I want to deal with the amendment tabled by the noble Lord, Lord Agnew. He may not know Liverpool College, but it is a very successful independent school with a dynamic head teacher, a Dutch American who came to England and did two things. First, he made Liverpool College an academy, and then he decided to make a boarding facility available. He came to an agreement with the local authority that he would offer a percentage of the places to children in care. The results have been spectacular. It is a model that should not be shunned for party-political reasons—“We are not in favour of independent schools or boarding schools”—but should be welcomed, embraced and encouraged.
Secondly, I want to make a point about Amendment 83, tabled by the noble Lord, Lord Bellingham. Again from personal experience, not only did we create a virtual school in Liverpool, but the then director of education, Colin Hilton, said, “I am going to be the virtual parent of these children”. He set up a steering committee of children in care in the local authority and he met with them once a month to hear their issues and their problems. Some might think this was flag waving, but, by taking on that role, he nailed his colours and the colours of the local authority to the mast, and again the results were amazing.
I am in favour of all sorts of information being made available, because it is only by getting information that you know what you have to do and how you can achieve it. Surprisingly, I am the chair of Liverpool’s education, employment and training scrutiny committee; the Labour authority has made a Lib Dem the chair of two of its select committees. The local authority sets a series of targets, and for education those are obviously training, employment and so on. In each quarter, we look at the results next to the targets we hoped to achieve, and I was surprised that children in care were not separated in those figures. I asked for the figures to be separated and that has now happened, so you can track the progress that those children in care are making.
So all these amendments, in one way or another, can only help to further the support that we as a nation want to give to those children in care. On the question of the amendment from the noble Baroness, Lady Stedman-Scott, again, why not? All these issues are important, so I hope the Minister will be sympathetic to them.
The Earl of Effingham (Con)
My Lords, I shall speak to Amendment 79, in the name of my noble friend Lady Barran and the right reverend Prelate the Bishop of Manchester, and Amendment 80, in the name of my noble friend Lady Stedman-Scott. While we are of course positive towards efforts that support children with a social worker, those currently and previously looked after and those in kinship care, we question why adopted children are excluded from His Majesty’s Government’s plans to strengthen the role of the virtual school head.
Our Amendment 79 would clarify the role of the virtual school head to ensure that those children in the care of the local authority who are then adopted receive the same support as children with a social worker or those in kinship care. Section 23ZZA of the Children Act 1989 puts a duty on local authorities to
“make advice and information available in accordance with this section for the purpose of promoting the educational achievement of each relevant child educated in their area”.
Clause 6 of the Bill introduces a duty on a local authority to take
“such steps as it considers appropriate”,
which is a much broader role but one that currently does not appear to include adopted children.
As the helpful briefing from Adoption UK sets out, almost half of adoptive parents surveyed for its 2024 Adoption Barometer had sought advice from their local virtual school in the preceding year. The report highlighted the variability in support that they received and the value they placed on the advocacy that a virtual school head could provide with their child’s school. Their exclusion from the Bill appears inconsistent, and we would be grateful if the Minister could confirm either that adopted children will be included or, if they will not be, why not.
Amendment 80 seeks to include career and employment opportunities for children as part of educational achievement. The number of young people who are unable to find employment or further training when they finish their education is alarmingly high. The ONS estimates that 923,000 individuals aged 16 to 24—12.5%—were not in education, employment or training in the period January to March 2025. Although that is down on the previous quarter, I think all noble Lords would agree that the number is way too high and we must act to reduce it.
Amendments 78 and 81, in the name of the noble Lord, Lord Lucas, seek to require that authorities publish the steps they have taken to promote the process undertaken that has resulted in the educational achievement of the children in need or in kinship care, and that the Secretary of State may specify how this is reported. It is important for successful practices to be shared, and the amendment would ensure that performance can be more accurately measured.
Amendment 82, in the names of the noble Lords, Lord Agnew and Lord Farmer, seeks to provide boarding school places to children in kinship care. The noble Lords raise a most interesting point. It clearly worked very well for the noble Lord, Lord Farmer. Where it works for a child—and that is obviously critically important—it can be a hugely positive experience. That child may have the ability to immerse themselves in education, sports, arts or drama, away from the distractions or dangers that they have previously experienced in their outside school life. It would lessen the time pressures on kinship carers, who we know do an amazing job but often find there are simply not enough hours in the day. We would welcome the opportunity to learn more about the work done by Norfolk County Council, the issues it encountered and how it addressed them. We look forward to discussing this further, and hope the Minister will do so also.
Amendment 83, in the name of the noble Lord, Lord Bellingham, seeks to review virtual school heads and their role in improving educational outcomes for previously looked-after children. There is not yet sufficient evidence to fully analyse the extent of the improvement from the introduction of virtual school heads. As such, this review would certainly help to understand the impact that virtual school heads have had before full implementation. We very much look forward to hearing from the Minister.
In line with what the noble Lord, Lord Storey, said, these all seem entirely sensible and well thought out amendments.
Baroness in Waiting/Government Whip (Baroness Blake of Leeds) (Lab)
I thank noble Lords for their thoughtful contributions to this important area of the Bill. I think, hand on heart, we all know that children who need a social worker and children in kinship care experience significant difficulties. Many of them have poorer educational outcomes than their peers as a result, across all key stages. The noble Lord, Lord Storey, is absolutely right that it is important that everyone shares their experience. In Leeds, we always made sure that the scrutiny of children’s services was held by an opposition member; that seems to make absolute sense. We all want the best for these young people, and we must make sure that every area is fully scrutinised.
Clause 6 aims to confer statutory duties on local authorities to promote the educational achievement of such children, increasing their visibility, as we have heard from many noble Lords, and ensuring that they receive consistent expert support to improve their outcomes. In practice, these duties will be discharged by the virtual school head, who will have strategic oversight of the outcomes of these children, raising awareness and improving visibility of their needs—for example, through the delivery of training to schools in effective strategies for improving outcomes. We have just received more information about why this information is so important. For example, it will mean having a real understanding of the numbers of young people who experience school instability, placement instability or social work instability—all of which contribute to their experience in learning and their ability to achieve going forward. As well as this, virtual school heads will have a duty to provide information and advice, upon request, to kinship carers with special guardianship or child arrangements orders, regardless of whether their child spent time in care. We know that virtual heads were first introduced on a non-statutory basis, and we recognise the need for a much stronger basis. I echo the noble Earl, Lord Dundee, about the importance of local authorities in making sure that this moves forward successfully.
As I say, I welcome the spirit of the amendments tabled, which would ensure that virtual school heads work on behalf of all children, while ensuring that local authorities are rightly held accountable for the delivery of their duties. They would also ensure that previously looked-after children adopted from state care are not inadvertently disadvantaged as a result—I will come back to say more on that later. We are confident that the measures in this clause meet these aims and that, as a result, these amendments are not necessary. I will go into more detail later.
Amendment 77, in the name of the noble Lord, Lord Lucas, seeks to enable discussion on which children are eligible for local authority support and how virtual school heads will promote their educational outcomes. Providing clarity on the children to whom the virtual school head role is extended is important. New Section 23ZZZA(2), to be inserted by Clause 6, provides a clear definition of these children. Specifically, they are children for whom the local authority is
“providing or has provided services”
under Section 17(10)(a) or (b) of the Children Act 1989, as well as children
“in the authority’s area who live in kinship care”.
Amendments 78 and 81 from the noble Lord, Lord Lucas, seek to place a statutory duty on local authorities to publish a report on how they perform in promoting the educational outcomes of these children, and to specify through regulations what local authorities must report on. Transparency and consistency in local authority support are essential for driving improvements, and for ensuring that decisions are made in the child’s best interests and that every child receives support, wherever they live or are educated.
Statutory guidance already requires virtual school heads to publish an annual report summarising strategies for supporting children in their care, while local authorities are held to account through inspections of local authority children’s services. It is vital that we continue to ensure local authorities are held accountable for all children they are responsible for, and that this support is transparent. We will reinforce this accountability by updating statutory guidance to include reporting on strategies for supporting educational outcomes of children in need and children in kinship care. This will ensure greater consistency across all local authorities, enabling continuous improvement in the support provided while allowing for local and regional variations. This Government are committed to ensuring that previously looked-after children who have left care through adoption are supported to succeed in education.
Amendment 79, tabled by the noble Baroness, Lady Barran, seeks to ensure that children adopted from local authority care benefit from the same support that the clause extends to children in need and children in kinship care. I thank the noble Lord, Lord Hampton, for his statistics; it is always useful to have that level of granularity in our discussions.
To repeat, local authorities already have a statutory duty under Section 23ZZA of the Children Act 1989 to promote the educational achievements of all previously looked-after children who have left care through adoption, special guardianship or child arrangements orders. I hope that satisfies the questions that the noble Earl, Lord Effingham, raised on behalf of the noble Baroness, Lady Barran. In addition, subsection (3) of Section 23ZZA allows the local authority to
“do anything else that they consider appropriate with a view to promoting the educational achievement of relevant children educated in their area”.
I would suggest that that level of flexibility adds a great deal in the particular circumstances of each individual child.
The proposed amendment is therefore unnecessary, as the existing legislation sufficiently covers these children’s educational needs. However, we are committed to reviewing and revising the sections on promoting the educational outcomes of previously looked-after children in statutory guidance for virtual school heads. There is no room for complacency here; we have to keep revisiting, refreshing and relooking on behalf of all the children we are talking about. This will present an opportunity to further strengthen sections on support for adopted children, and we will work with the adoption sector on this, including by clarifying and reinforcing the interpretation of the duty and incorporating examples of good practice.
Lord Bellingham (Con)
I am very grateful for the comprehensive and courteous way that the Minister has responded to the amendments. Can she comment on the need, as I see it, for some sort of report back to Parliament?
Baroness Blake of Leeds (Lab)
With all this work, I believe it is important that we focus on the job in hand through the route of accountability and the local authorities, and do not give virtual school heads yet another onerous task to do. I believe that enough safeguards are in place and enough ways that the outcomes can be reviewed, so I do not believe that this is necessary at this time.
I was going to say that I ask noble Lords not to press their amendments, based on the fact that this is work in progress. We all know the significance of this area and the contribution that so many people make to it. We are opening up an exciting new chapter to make sure that the work that happens is accountable and transparent, and that more people are aware of what needs to be done and how these young people can be helped going forward.
Lord Lucas (Con)
My Lords, I am very grateful to the Minister for what I thought was a really satisfactory set of responses to these amendments, and I thank her for that. Will she commit, when the evaluation and the statutory guidance are published, to giving a heads-up to those noble Lords who have expressed an interest in this area during this debate?
Baroness Blake of Leeds (Lab)
I have a feeling that I would not have any other option, given the comments I have received to date.
Lord Lucas (Con)
I shall be very grateful for that. I hope the Minister will also have a quiet word in the ear of her colleagues responsible for the Employment Rights Bill, referring to the speech of my noble friend Lady Stedman-Scott in particular. When an employer wants to take on someone who has a history in care, they know that this may be a difficult experience for them. As it is at the moment, the Employment Rights Bill makes that much more dangerous and difficult. It is a matter of casting the rules right, but the Government have not got there yet. This is really important in making sure that children from a care background can find their way into employment, that an employer can take on someone they know is going to be difficult and have time to bring them through, and that the regulations are set right to make that happen.
I encourage the Government to encourage local authorities to use boarding schools where this is appropriate. As my noble friend Lord Agnew said, this is something that can save money and make for a better outcome for the right children. I ask that, where this is done, we track performance. We ought to build up, not just as one experiment but as a routine, a history of how these children have done with that experience, so that we can all learn who it works for and how it works best, and the schools concerned can learn from each other how to do better. There is a real wish in the independent sector to be part of this, and I very much hope it will be included.
I thank the Minister and I beg leave to withdraw my amendment.
Lord Watson of Invergowrie (Lab)
My Lords, I am pleased to introduce this group of amendments, half of which are in my name. Before I go on to them, I will say a word about yesterday’s spending review. I apologise that I could not be here for my noble friend Lord Livermore’s session, just before we started the Bill.
There was significant spend announced yesterday on wider children’s social care. The review stated:
“This settlement will improve support for England’s most vulnerable children and young people by setting aside £555 million over the SR period from the Transformation Fund for the Ministry of Housing, Communities and Local Government … and DfE, as well as total capital investment of over £560 million to reform the children’s social care system and support the refurbishment and expansion of the children’s homes estate. This will help more children and families stay safely together, expand support for care leavers and fix the broken care market”.
It obviously remains to be seen how that will shake down, but I think it is a very promising start and a real indication of how seriously the Government view the current situation as far as the children’s social care sector is concerned.
In its present form, the Bill extends Staying Close support only to young people up to the age of 25—that is for any relevant child in residential care—but not Staying Put support for those former relevant children who are living in foster care. The increased support that the Bill provides for care leavers is welcome, but it risks creating a two-tier system for care leavers in residential and foster care. More needs to be done for young people in foster care who want to remain with their foster family beyond the age of 21. The amendments in my name in this group seek to extend entitlement up to the age of 25, with proper funding. I suggest that the figures I have just quoted would be a suitable source for at least part of that.
Baroness Bennett of Manor Castle (GP)
My Lords, it is a pleasure to follow the noble Lord, Lord Watson, having attached my name to all the amendments in this group that include extending Staying Put support for young people up to the age of 25. The noble Lord has already made the case very well, so I will not repeat all the stats and the recommendations that we had from the MacAlister report et cetera, but it is worth reflecting on how hard it is today for young people to be independent at the age of 21. The Office for National Statistics report last year showed that, across our society, the average age at which a child moves out of their family home is 24. Surely the state should also be providing the kind of care that children are getting in families.
I also have a genuine question that I have not been able to establish the answer to. These amendments and the Government’s plans cover both children in foster care and those in institutional arrangements. My understanding is that about 40% of 17 year-olds are staying in unregulated or independent accommodation, and it would appear that at the moment they are falling through the cracks and not being covered by either these amendments or what is happening here, so I would like to ask the Minister whether that is indeed the case and whether the Government have plans to act on that.
It is perhaps worth setting out the kind of story of what is happening now, which I doubt anyone in this Chamber would disagree is unacceptable. Last year the Big Issue reported on the case of a young man called Duncan, who was in care with a foster family that he had been with since age 11. He came home from college one day and found that all his bags had been packed up. It was a week after he turned 18. The foster carers were happy for him to stay, but social services simply said that was not an option and could not happen, and packed his bags up. Think about how utterly damaging that would be. Duncan was then put into supported accommodation. At 3 am the next morning, someone was knocking on his door looking for somebody else. There was drug dealing happening all around him. He had a bottle flung in his face by someone who was trying to throw it to someone else in that supported accommodation. That is what the state, as a corporate parent, is doing to a child at the age of 18. There are some places where some people are able to stay, but surely that should be the absolute standard provision. We need the parity in the Staying Close and Staying Put schemes, which is what these amendments would achieve.
Baroness Tyler of Enfield (LD)
My Lords, I rise very briefly to lend my support to the amendments in the name of the noble Lord, Lord Watson, regarding extending the Staying Put scheme to the age of 25. My Amendment 130 does exactly the same thing but for some reason is in the next group. I will say a few words about it when we get to the next group, but I just want to underline my support. I think it is a very important issue.
Baroness Benjamin (LD)
My Lords, I support the right reverend Prelate the Bishop of Manchester’s Amendment 164 to introduce a national offer for child care leavers. This is strongly recommended by Barnardo’s because this amendment would end the postcode lottery of support for care leavers and help remove barriers to opportunity. Each year around 13,000 young people leave care without the support they need, and the outcomes of these young people remain much lower than those of their peers. That is why we at Barnardo’s—and I declare an interest as vice-president—believe that there should be a new minimum standard of support for care leavers: a national offer regardless of where they live. It should include measures recommended by Barnardo’s, which I hope the Government and the Minister will agree to.
Baroness Stedman-Scott (Con)
My Lords, I will speak to Amendments 97 and 99 in the name of my noble friend Lord Farmer, who cannot be here today. His support for Amendment 99, and mine, is grounded in—
Lord Russell of Liverpool (CB)
My Lords, I support the amendments in the name of the noble Lord, Lord Watson, and Amendment 164 in the name of the right reverend Prelate the Bishop of Manchester.
I am a retread, a hereditary Peer who originally came here not very long ago, in 1981, left in 1999 and was recycled, like an old tyre, in 2014. I made my first maiden speech in 1982 and my second in 2015, on the subject of Staying Put. At that time the Minister for Children was the rather wonderful Edward Timpson, the younger brother of the Department of Justice Minister here. He had grown up in an extraordinary family. Apart from having full-blood siblings, while he was growing up his amazing parents fostered more than 90 children. So Staying Put was put in place by an individual who had a deep understanding of the issues faced by young people unfortunate enough not to be able to live with their natural or even unnatural parents. Staying Put was a result of that. The debate in 2015 was to welcome the fact that it had been extended, having been deemed such a success.
It is very fitting that now we have another Timpson in government, albeit in a different department, we again look at this and recognise how successful it has been. What we are asking for in this amendment will not involve a vast number of children or a vast amount of money. It will, however, be transformative for that small number of children. In economic terms, the benefits of giving them support up to the age of 25, if they need it, will be more than repaid by some of the problems that might cost rather more if they have to leave earlier. For all those reasons, I request that the Government look at this sympathetically and see how it can be fitted in.
On the amendment from the right reverend Prelate the Bishop of Manchester, in so many parts of our society there is a postcode lottery. That is not surprising given how the highly centralised country of England, with all roads leading to London, coexists with a piebald mosaic of different local authorities and different organisations of all kinds, which to some extent relish the English creative impulse to reinvent the wheel in your own image. As a result, there is considerable variation. If you asked a variety of organisations providing support for those in care or coming out of care to define succinctly, in two or three minutes, exactly what their care offer was, you would get rather different answers.
For those reasons, and as the noble Baroness, Lady Benjamin, said, it would be very beneficial to have clarity about the core elements of the offer and to do everything one can to make sure it is understood and, as far as possible, complied with across the country.
Lord Hampton (CB)
My Lords, I added my name to Amendment 164 in the names of the right reverend Prelate the Bishop of Manchester and my noble friend Lord Russell of Liverpool. I omitted to declare my interests as a teacher and a kinship carer, but your Lordships probably know of those by now.
Lord Lucas (Con)
My Lords, I have Amendment 94 in this group. It is very much the same as my amendments in the last group. If we can get local authorities to say clearly what they are doing and what they have achieved in a year, then they will wish to do better next year.
Lord Storey (LD)
I just want to say a few words, especially in support of the amendment from the noble Lord, Lord Watson. I remember that 14 years ago this issue was discussed during consideration of the Children and Families Bill. We all sort of huffed and puffed and said, yes, this is really important, but nothing came of it. I just wish we had seized that opportunity then. As the noble Lord, Lord Watson, rightly said, we do not want to make this a missed opportunity. Some young people are ready to leave, but many are not. If you look at the figures for young people who are not in care and not fostered—I think the noble Lord, Lord Watson, mentioned 24 year-olds—sometimes we see people in their 30s still living at their parents’ home. What happens in those families should be reflected right throughout our society. Sometimes young people are not emotionally ready. We heard of “pack the bag and go”, but I can tell of the opposite: foster parents, at their own cost and in their own time, being prepared to keep on their foster children for several years afterwards. That is amazing.
I turn to the amendment from the right reverend Prelate the Bishop of Manchester. Having each local authority publish what its national care offer should be seems such an obvious thing to do. I just hope that the Government will seize this opportunity and do that.
Baroness Barran (Con)
My Lords, I will speak to Amendments 85, 89, 92 and 93 in my name. Clause 7 introduces new requirements for local authorities in England to assess whether certain care leavers aged under 25 need Staying Close support; and when such support is deemed necessary, the local authority must provide it. This provision builds on the Staying Close pilot scheme, which gives care leavers safe and secure accommodation along with a trusted adult relationship for emotional and practical support. I am very grateful to the charity Become for sharing its expertise in this area with me. As the Minister knows, each year thousands of young people face what we might describe as a care cliff edge. As the noble Baroness, Lady Bennett, vividly described, when they leave the system, they are expected to leave home at around 18—often abruptly but, I hope, not always as abruptly as in the case she described—losing vital relationships and support when they most need help transitioning to adulthood.
Research by Become shows that
“the transition from care to ‘independent living’ is often poorly planned and managed, and many young people feel unsupported”.
Evidence from the Staying Close pilots demonstrates
“improved outcomes for care-experienced young people … including better ‘independent living’ skills, increased happiness, better stability, increased participation in … education and employment; and a reduced risk of homelessness”,
and that extending Staying Close support to age 25 will benefit thousands of young people leaving care. We warmly welcome that.
However, we have concerns about the drafting of Clause 7, which could limit its impact. First, Clause 7(2) requires local authorities to assess whether Staying Close support serves the young person’s welfare, but without providing specified assessment criteria. We worry that this could lead to the rationing of support or a postcode lottery. Our Amendment 85 seeks to address that by explicitly setting out the factors the local authority must have due regard to, including the
“wishes and preferences … accommodation requirements … emotional and practical support needs … and existing support network”
of the young person. Our ever-optimistic Amendment 92 would give the local authority flexibility to offer additional support where it is judged to be appropriate.
The current wording defines Staying Close support merely as providing advice and information or making representations to help with accommodation and services. The Minister will know that “making representations” does not always translate into a service. That narrow definition does not reflect the comprehensive support that was offered in the pilots, so our worry is that it will not achieve the same positive outcomes that the pilot did.
Our Amendment 89 aims to strengthen the voice of young people and ensure that a record of their wishes is kept. The Bill does not reference young people’s wishes and preferences. We believe, and I know that the Minister agrees and has been a great leader in this, that young people’s input is vital when determining support.
Lastly, our Amendment 93 gives a strong legal entitlement to an opt-out for all care leavers, ensuring young people’s preferences guide decisions about their support and create consistent assessment criteria. I very much hope the Minister agrees that these are reasonable and practical amendments that the Government could turn into their own.
The noble Lord, Lord Watson of Invergowrie, very generously pointed out the response of the previous Government and put the case for extended Staying Put support extremely ably. I am sympathetic to the spirit of his amendments; indeed, he or another noble Lord mentioned that, when asked, 75% of children said that they would like to go on living with their foster parents beyond the current limitations. I look forward to what the Minister has to say on that. I am also sympathetic to my noble friend Lord Lucas’s Amendment 94. Having clarity and good performance-management data should always lead to better outcomes.
I feel rather mealy-mouthed not to be more enthusiastic about the right reverend Prelate the Bishop of Manchester’s Amendment 164. I absolutely do not want to sound preachy, but I worry. Of course it is extremely important that information is accessible and easily accessible, but, as we often discuss in your Lordships’ House, some of that comes from the culture and the attitude to young people in care and the relationships that we have with them. I suppose my only hesitation is that information without relationships does not get us much further, but I know that all noble Lords know that.
Baroness Blake of Leeds (Lab)
My Lords, in responding to these amendments, I start by re-emphasising that we all know that care leavers have some of the worst long-term life outcomes in society and that many have not received the care and support that we would want and expect for them. We are committed to ensuring that young people leaving care have stable homes, access to health services and support to build lifelong, loving relationships, and are engaged in education, employment and training. The ongoing work and the measures in Clause 7 are geared to improving outcomes for those eligible and will help address any cliff edge of support they may face when leaving care.
On Amendments 84, 86 to 88, 90 and 91 in the name of my noble friend Lord Watson, I thank him for highlighting the issues and for going through the background so thoroughly, but also for highlighting the very positive measures that were announced in the spending review yesterday. We look forward to further detail on how this will feed through into supporting some of the most vulnerable children in our society.
These amendments together would require local authorities to provide former relevant children under the age of 25 with Staying Put support where their welfare requires it. They seek to probe why the Bill makes provision for Staying Close support to be offered to eligible care leavers up to the age of 25 when the Children Act 1989 puts duties on local authorities to support former relevant children and their former foster parents to maintain a Staying Put arrangement until the former relevant child reaches the age of 21.
I acknowledge the example given by the noble Baroness, Lady Bennett; of course, it would not be appropriate to comment on an individual case but I am sure that many of us in this Chamber could put our minds to similar extremely stressful and difficult examples that are based on the real experience of some young people. That is exactly why we have the Bill before us and what we are trying to achieve with it.
We fully recognise the importance of these duties and remain strongly committed to the Staying Put arrangements. But, in answer to the noble Lord, Lord Russell, as well as my noble friend Lord Watson, we believe at this moment that it is essential that we prioritise filling the gaps that exist in current support, in particular for young people transitioning into independent living, including those who may have been in residential care, who often have the most complex needs. It is difficult to have to prioritise and focus, but this is the place we are in at the moment.
We are doing this very positive work through the introduction of Clause 7, where all former relevant children under the age of 25, including those in or who have left a Staying Put arrangement, will be provided with Staying Close support where their welfare requires it. Staying Close support includes support to find and keep suitable accommodation, and support to access wraparound services.
On Amendments 85, 92 and 93, tabled by the noble Baroness, Lady Barran, I start by reassuring her that we agree with the sentiment of the amendments and that Clause 7 is already very much in that spirit. We are very keen, of course, to make sure that everything we do links and aligns with the different opportunities: for example, how we can bring pathway plans into the mix and make sure that there is a seamless direction of travel. There will be more to discuss on this as we go forward, as I understand she acknowledges.
Baroness Bennett of Manor Castle (GP)
Before the Minister sits down, I asked about the fact that, apparently, 40% of 17-year-olds turning 18 are in unregulated or independent accommodation. Could the noble Baroness perhaps write to me about that?
Baroness Blake of Leeds (Lab)
I apologise: I knew that I had missed the noble Baroness’s question. Yes, of course I will write on that important point.
Lord Lucas (Con)
My Lords, the Minister will have noticed the difference between the answer she gave on the last group and the answer she gave on my amendment in this one. Channelling the reporting through guidance to the virtual school head is doing something that would be immediate, current and present and would affect the day-to-day way in which a local authority and its team conduct their business; something that may or may not appear in the depths of an Ofsted report every three years is not at all as effective. I encourage the Minister, between now and Report, to consider whether it would not be much better for the continual improvement of the Staying Close services if they were reported on annually and personally by the team responsible for delivering them, so that it becomes much more visible and a much more current thing for them to keep improving, rather than something that they hope will get lost in whatever else Ofsted is saying about the local authority as a whole.
Lord Watson of Invergowrie (Lab)
My Lords, I thank all noble Lords who have taken part in the debate on this group, particularly the noble Baroness, Lady Bennett, and the noble Lord, Lord Russell, both of whom spoke forcefully in support of the amendments—which may not be surprising, since they added their names to them, for which I also thank them. I say in passing to the noble Baroness, Lady Bennett, on the point she raised about 16 and 17 year-olds living in unregistered accommodation, that there will be an opportunity to debate that in group 8 today, if we get that far.
I also thank my noble friend the Minister for her reply, although, of course, it is disappointing. I noticed a nuanced difference in her response—if she will forgive me, it could probably be described in three words, “We’re staying put”, which is effectively what she said—whereas her opposite number in the other place said that the Government were not in favour of extending Staying Put because they wanted to concentrate on young people in residential care, who, she said, had the most complex needs. My noble friend today said that the Government want to concentrate on filling the gaps in current provision. Neither is unimportant, but I think that, where there are gaps in current provision, yes, they can be filled, but that does not mean that there are no gaps in the provision beyond the age of 21 for young people Staying Put.
My noble friend said that, when people in foster care reach the age of 21 and leave for whatever reason, they will have Staying Close to fall back on in certain situations, and of course that is right. But, overall, we are dealing with a relatively small number of people who want to stay on in foster care beyond the age of 21. We are not talking about thousands and thousands, so the cost in additional resources required to do that is relatively modest. I have to come back to the point that I started off with, which is that there was a very positive statement yesterday in the spending review, which may offer the opportunity to deal with this as well, although of course there will be many competing demands.
As I said, it is disappointing. I request the opportunity of discussing this issue a little further with my ministerial colleagues before Report, but I again thank everyone who has contributed to this debate. At this stage, I beg leave to withdraw my amendment.
Baroness Tyler of Enfield
“(2A) In subsection (2), after paragraph (f) insert—“(g) financial literacy and financial support.””Member’s explanatory statement
This amendment would introduce a requirement on local authorities to publish information about the services they provide to support care leavers to develop financial literacy and to better understand their financial entitlements as part of their Local Offer for Care Leavers.
Baroness Tyler of Enfield (LD)
My Lords, I shall speak to Amendments 95 and 130 in my name, and in doing so I draw attention to my interest in the register as a member of the Financial Inclusion Commission. I think the amendments in this group are very important. They look in broad terms at the support that is available to care leavers—an issue which we all understand is incredibly important. I am supportive of pretty much all the amendments in this group, in particular Amendment 99 in the name of the noble Baroness, Lady Bennett, which is about a national offer to care leavers and how that relates to local offers. No doubt we will come back to that.
I had the privilege of attending an all-party group meeting recently where we spoke to a large number of care leavers. I think the noble Lord, Lord Watson, was there as well. I was very impressed with the presentations that these care leavers gave. One of them made the key point that they would like to see a national offer for all care leavers to ensure consistency. I asked them to send me some more details about what exactly it would entail, because this is a critical issue.
My Amendment 95 is a bit more specific. It would require local authorities to provide more clarity on the services they provide to care leavers to help them develop their financial literacy and thus access their financial entitlements. As we have heard, young people leaving care are much more likely to leave home at an earlier age than other young people and be forced to live independently, often before they are ready. That means managing bills, a tenancy and other financial responsibilities, and juggling that with education or starting employment, often without having any financial safety net to fall back on, which so many parents provide for their children. I know it is stating the obvious, but there is no bank of mum and dad for this group of youngsters to fall back on.
Too often, care leavers are not aware of the financial entitlements and supports available to them from the local authority, such as council tax discounts, higher education bursaries or, more broadly, welfare benefits. This lack of information can lead to them facing unnecessary financial hardship or falling into rent arrears or debt. We all know that, once you start falling into debt, it is a vicious cycle and so hard to get out. All of this has a huge impact on their well-being and security. Care-experienced young people often report that they feel unequipped, unprepared and unsupported to manage the financial responsibilities that come from living independently from such a young age, primarily owing to the lack of support or opportunity to develop the skills and knowledge they need on such basic things as budgeting, money management and broader financial understanding.
That is why the amendment, which would introduce a requirement on local authorities to publish information about the services they provide to support care leavers to develop their financial literacy as part of their local offer for care leavers—we can come back later to whether that should be part of a national offer—is vital and could make such a difference to their life chances. Such a change would create more transparency for care-experienced young people about the financial support available to them and would help to address one of the main challenges they face when moving into independent living.
Amendment 130, as I said in the previous group, is basically about extending Staying Put to the age of 25. We have already had that discussion; I never quite understand some of the mysteries of grouping, so quite why we are having it in a separate group as well I do not know. The noble Lord, Lord Watson, set out the case very well. I shall just add that, as we heard in some of our earlier debates, young people leaving care often face a disproportionate risk of experiencing homelessness or housing insecurity. Care-experienced young people are nine times more likely to experience homelessness than other young people, and statutory homelessness rates for care leavers have increased by over 50% in the past five years, which underlines why I think extending Staying Put to the age of 25 is so important. As we heard from the noble Lord, Lord Watson, on the previous group, it involves a pretty small number of care leavers. The costs of doing this would be fairly modest and I hope, from what we have heard in the spending review yesterday and today, that some space is opening up. So, really, I am asking Ministers whether they will think again.
Baroness Stedman-Scott (Con)
My Lords, I apologise for my earlier early intervention. Noble Lords know how passionate I am about early intervention and it got the better of me.
Amendments 97 and 99 are in the name of my noble friend Lord Farmer, who cannot be here today. My support for my noble friend in his amendments is grounded in a desire, which I am sure all noble Lords share, to see high national standards of support, not just pockets of excellent practice in some local authorities. Having said that, the requirement in the Children and Social Work Act 2017 for local authorities to publish their own offer for care leavers, which this would amend, is an important one. But it needs to be built on. A higher standard at a national level would not prevent innovative and exemplary councils doing even better, but it would force any that were lagging behind to improve. I suspect that those who are dedicated to their local care leavers’ cause and are working hard on the ground would welcome high national standards, as those would help them argue successfully for the enhanced leadership and financial support required to lift their offering.
Another reason why the local offer is an important part of primary legislation is that it includes services relating to relationships—a primary need for children coming into care, while they are in care and when they exit. My noble friend Lord Farmer, the noble Baroness, Lady Tyler, and Lord Mackay, now sadly retired, tabled an amendment to the Children and Social Work Act 2017 that was eventually accepted by the Government, which included the important word “relationships”.
On Amendment 97, the Bill presents an important and timely opportunity to embed relationships more deeply into councils’ arrangements to support and assist care leavers in their transition to adulthood and independent living. We should do all we can to enable care leavers to maintain, strengthen and build family and social relationships. Family group decision-making provisions in the Bill need to be built on. Having gone to all the effort to bring together families and friends who are committed to a child potentially leaving their parents’ care, we cannot allow those relationships to fall through the cracks in their care pathway.
The Family Rights Group, which forged Māori-born family group conferencing into a British model over many years by working with families and children with relevant experience, has similarly refined the lifelong links model, which started as the family finding model in Orange County, California. Lifelong links ensure that children in care have a lasting support network of relatives and others who care about them. A trained co-ordinator works with the child or young person to identify and safely reconnect with important people in their lives, such as relatives they may have lost contact with, former foster carers, teachers or sports coaches. With family group decision-making becoming standard practice, many such people will, or should, have been involved in that process. Keeping these contacts going is a sensible and straightforward next step. The lifelong links approach has demonstrated significant benefits, including more positive and healthy connections in the child’s life and better mental health, instead of isolation and depression, or worse.
Knowing that they matter as an individual to people who are not the professionals paid to look after them gives a child a much better sense of identity. The practical wisdom and guidance that family and friends give often makes the care leaver far more emotionally stable, with a knock-on effect on their ability to hold down accommodation and training or education courses. This reduces the risk of homelessness and of a child trying to make their way without a goal or purpose. Without the motivation that positive relationships provide, it can be very hard to persevere. If you do not matter to anyone, it is easy to wonder what the point of bothering is.
The lifelong links model is currently available in over 40 local authorities across the UK, with 22 receiving Department for Education funding. Lifelong links is not named in this amendment, but, given all of the investment the Government have already made in evidence-building, it should be included in regulations and guidance as an offer to all children in care and care leavers.
Baroness Bennett of Manor Castle (GP)
My Lords, I am going to be slightly unconventional and start with the last amendment in this group, Amendment 183A, in the name of the right reverend Prelate the Bishop of Manchester. I think it is so important that it does not get buried in this rather large and diverse group. This amendment seeks to deliver what was, in essence, in the right reverend Prelate’s Private Member’s Bill, which we debated a few months ago, and which I spoke in favour of. It sought to ensure that the universal credit regulations are amended so that care leavers turning 18 receive the same level of universal credit as anyone receives at the age of 25.
I think it was the noble Baroness, Lady Tyler, who said that these are young people who have no access to the bank of mum and dad and no cushion. We are expecting them to live on a level of universal credit that is not reflective of what other people who have more support—not necessarily, but probably—live on. This is a modest measure. As I said at Second Reading, it is a humane, constructive and practical step. Although this should not be the reason for it, it is very clear that it would end up saving the state money by ensuring people have a little more support and do not fall a very long way through the cracks, as the statistics show they very often do.
At the Second Reading of that Bill, I spoke about the wonderful scheme in Wales that has been trialling universal basic income for care leaves, set at a quite decent level. One of the interesting things was that the only condition put on those care leavers was that they had to take one session of financial education. This is where I come back to Amendment 95, from the noble Baroness Tyler, to which I have attached my name. I have heard anecdotal reports—we have not had the written reports from the UBI trials yet—that one of the offers was that care leavers could take more financial education sessions, in acknowledgement that they had a significant amount of money available to them. Virtually every person in the scheme took the extra financial education. It might seem a bit specialised to have this in an amendment, but it is such an important factor.
I point to the fact that this is a broader issue. Care leavers are obviously people who particularly need financial education, but I note that, last year, the Financial Times Christmas appeal was to raise money to give British young people financial education. That is an indictment of the failure across the whole system to educate young people. It is very clear that care leavers are people who particularly need it, deserve to get it and can hugely benefit from it.
Lord Jackson of Peterborough (Con)
My Lords, I will speak briefly to the excellent and compelling amendments in this group. In particular, I support Amendments 96 and 107A, in the name of the noble Baroness, Lady Barran.
The noble Baroness, Lady Tyler, will remember that I spoke at Second Reading of her commendable Private Member’s Bill on mental health professionals, which I think was about 18 months ago. I raised the particular issue of children with complex needs—specifically children mainly in mainstream schooling who are diagnosed with Tourette’s syndrome. For a number of years in the other place, I supported Tourettes Action in its research, profile-raising and fundraising. For full transparency, my brother is a professor of cognitive neuropsychology, specialising in human movement studies, which includes Tourette’s.
I do not wish to detain your Lordships’ House in discussing Tourette’s, but I want to make the point that one of the key issues that affects children who have Tourette’s is a lack of collaboration and consistency across schooling, primary care and hospital settings. In other words, often children behave badly in school and are excluded because they are not diagnosed with Tourette’s and do not get the clinical care that they need. That work between the two parts of the state is not happening, and there is a similar issue for children with complex needs in the care system.
Again, all these amendments are excellent, but the specific advantage of my noble friend’s amendments is that they would impose an imperative on the education sector, and specifically the health sector—primary care, hospitals and other clinical settings—to focus on those children leaving care with specific and very important pressing needs.
There are a wide variety of issues that affect young people in that situation, including housing—the noble Lord, Lord Bird, and my noble friend Lord Young of Cookham have focused on those issues—but the advantage of these two amendments is that they would put a focus on primary care in the Bill. Yes, young people are worried about education, skills, training and housing, but probably the most important thing is their health.
On that basis, putting this in the Bill would be a positive move that would encourage different social care agencies and the people who write the statements for those children and young people, such as teachers and so on, to start thinking about what their healthcare pathway will be in addition to other pathways, such as housing, education and skills. For that reason, I support these amendments. I hope that the Minister will look kindly upon all the amendments, but those two in particular.
Lord Young of Cookham (Con)
My Lords, I will speak briefly to Amendment 100 in my name and that of the noble Baroness, Lady Benjamin, which would insert a new clause aimed at giving all care leavers up to the age of 25 priority status in homelessness legislation. To that extent, it is a subsection of the much broader debate about how we look after care leavers.
The amendment would end a current anomaly in the law, whereby care leavers up to the age of 21 are entitled to priority under the homelessness legislation, if they present as homeless to their local authority, but not those between the age of 21 and 25. It is supported by a range of charities, not least Barnardo’s.
All young people need a safe and stable home in which to start their adult life—and, if you do not have that, it is difficult to access education, employment and health services. As we heard from the noble Baroness, Lady Tyler, care leavers are more likely to be homeless than non-care leavers. Research by the charity Become shows that they are nine times more likely to become homeless, and that threat does not stop at the age of 21. Again as we heard from the noble Baroness, the numbers of young care leavers presenting as homeless has gone up by 50%.
We heard from the noble Lord, Lord Watson, earlier that non-care leavers are staying at home much longer; the average age at which they leave is now 24, up from 21 a decade ago. Over the years, the legislation has been gradually catching up with that trend, beginning I think with the Children (Leaving Care) Act 2000, which recognised that the state or local authorities need to support children beyond the age of 18. Again as we heard earlier, care leavers do not have the same safety net of family to fall back on.
There is a lot in the Bill which I welcome to support care leavers, in particular a recent amendment disapplying intentionality for care leavers, meaning that local authorities, when they have a corporate parenting duty, no longer view care-experienced people under 25 as being intentionally homeless. But the Bill needs to go a little bit further. Under the current legislation, all young care leavers under the age of 21 who present as homeless are deemed to be in priority need, which means that local authorities have an obligation to accommodate them. However, there is no such automatic protection for care leavers between the ages of 21 and 25. Under the current homelessness legislation, they are required to prove that they are vulnerable—something that is not defined in legislation. This means that they have go around getting letters from their GP, for which they may have to pay, and getting other letters from psychiatric services, to prove that they are vulnerable and their corporate parent is under an obligation to support them.
There is also a problem with children who are placed out of area. They are not apparently automatically eligible for the usual care support in the local authority in which they are now living, even if they have been living there for many years, whereas local care leavers have that entitlement. That seems to be an anomaly that the Minister might like to comment on.
Finally, the amendment would bring the homelessness legislation into line with the Children and Social Work Act 2017, which obliges local authorities to continue to provide support up to the age of 25. It will not be a panacea for all the problems facing care leavers, but it will be an important step towards ensuring that, when the worst happens, help is available for a young person who may have few other places they can turn to for help. So I encourage the Government to accept the amendment.
Baroness Benjamin (LD)
My Lords, I support two amendments in this group, in the names of the noble Baroness, Lady Bennett, Amendment 99, and the noble Lord, Lord Young of Cookham, Amendment 100, both of which I have put my name to.
With more than 80,000 children in care, the highest figure on record, this Bill represents an opportunity to strengthen support for all care leavers. One in three care leavers becomes homeless in the first two years after leaving care. Many become drug users and end up with a criminal record.
Some of the most affected care-experienced children are those from diverse backgrounds, who suffer double discrimination. Research by Barnardo’s found that nearly one in 10 black children in care has received a custodial sentence by the time they turn 18. When many finally leave care, they find themselves in prison or with a criminal record, which makes it difficult to find a home or employment, or develop a secure, happy life and any hope of a prosperous existence. They find themselves being part of a gang, which becomes a family substitute but leads to even more disaster.
As the Minister said in reference to the earlier group of amendments, there is an urgent need to improve understanding across agencies and departments of the needs of children in care and care-experienced young people, as well as providing training on how to better address these needs. For example, the Department for Education could extend corporate parenting principles to all bodies involved with care-experienced young people.
As we have heard, many young people can depend on their parents to support them long after they leave school or university, both financially and with a roof over their head. But support for care leavers across the country is piecemeal—a postcode lottery. Ashley John-Baptiste’s book, Looked After: A Childhood in Care, which I highly recommend, illustrates graphically just how difficult it is for young people to navigate their life after leaving care without support, especially if they want to go to university. It is potluck and almost an impossible task. Therefore, we should be doing more to ensure that care leavers are supported into adulthood, which I why I support Amendment 99 from the noble Baroness, Lady Bennett.
Through Amendment 100, the noble Lord, Lord Young of Cookham, seeks to increase protection for care leavers facing homelessness. I welcome this amendment and fully support it. We need to support care leavers and give them the opportunity to forge a happy, secure and hopeful life. It is our duty to do this and I hope that the Minister will agree with me and other Peers, and support these amendments.
Lord Bird (CB)
My Lords, on Amendment 100, from the noble Lord, Lord Young, I will offer a bit of Big Issue news. We did a survey in the early part of this century in which we surveyed 150 to 200 Big Issue vendors. Some 80% of them had been through the care system; most of them had been in care for a period of at least 10 years. I wrote an article about this which upset a lot of people, because I said that, in order to produce a Big Issue vendor, you had to spend over £1 million. To me, that is one of most frightening things: how expensive it is to keep people poor.
It costs £70,000 to keep somebody in foster care, but it costs almost £200,000 to keep somebody in care. We need to look at this problem. In spite of all the moral outrage, we need to look at this as a bit of fiscal bad news. We have to start shifting our resources towards moving children into foster care as much as possible. I am going to talk about this later, but I wanted to give noble Lords the news that Big Issue vendors are very, very expensive.
Lord Lucas (Con)
My Lords, Amendment 98 in this group asks the same question I asked in the two previous groups: can we get local authorities to publicise what they are doing each year, to give them a benchmark to improve on each year?
Lord Russell of Liverpool (CB)
My Lords, this group ranges quite widely but there is a common theme: the things that are going wrong which ideally should not be. The question is, how do you get a handle on all of this?
There is a certain symmetry with the amendment of the right reverend Prelate the Bishop of Manchester, asking for a review into the disparities that care leavers are facing, which is fairly all-embracing. I suspect that quite a lot of that information is already available thanks to the MacAlister review. The right reverend Prelate’s amendment suggests that it could take up to two years—I would hope and expect it to be done a great deal quicker.
Lord Storey (LD)
My Lords, I added my name to Amendment 95 in the name of my noble friend Lady Tyler, and to Amendment 130. We have heard that 67% of care leavers are anxious about money, according to the study by the charity Money Ready. Given that the second Oral Question today was on financial education post-16, it seems appropriate to talk about this in considering this amendment.
Some 80% of care leavers want more help managing their finances. Rent eviction and homelessness are the consequences of poor financial literacy. In 2024, a report from the Become charity revealed that 4,300 young care leavers aged between 18 and 20 end up homeless. This represents an increase of 54% in the last five years. The Staying Put charity has helped, but most still leave care on or before their 18th birthday.
In contrast, 55% of female and 59% of male 20 year-olds still live at home, and 47% of men and 29% of women still live at home at the age of 25. Most young people move out when they feel ready, when they have the financial capacity and literacy to live away from home. In contrast, care leavers need to be ready to leave home at a much younger age and do so usually with very tight financial budgets. There is no home to go back to if the money runs out.
It is easy for care leavers to miss out on financial education to help prevent issues that come up with independent living for the first time. Not only is there little information about financial management; the avenues available for reaching support to apply for grants and loans mean that many struggle to access these resources.
Because of the nature of the job market and house prices, 47% of men and 29% of women still live at home at the age of 25. The cost of living is keeping people at home; care leavers should have this support too. The expansion of the Staying Put scheme is supported by charities, and evidence from the charity Become shows that this would be a core way of mitigating against homelessness among care leavers.
Baroness Barran (Con)
My Lords, the noble Lord, Lord Russell, said that this was a wide-ranging group. As I was thinking about it, I thought that what pulls it together is that it is a kind of Maslow’s hierarchy of needs. A lot of the amendments in it are the basic planks at the bottom of Maslow’s pyramid; one of those planks is of course healthcare.
My Amendments 96 and 107A try to address some of the evidence, which noble Lords will be well aware of, that shows that care leavers face much more negative physical and mental health outcomes than their peers. These disparities stem from the trauma they have suffered, adverse childhood experiences and, sadly, in some cases, the inability of their carers to meet their healthcare needs.
In the general population, children and young people visit specialist clinics more frequently than adults, if they need them, and their growth and development necessitate regular adjustments to medication and treatments. In young adulthood, health needs typically stabilise. We expect adults to manage their own healthcare, work with GPs and other medical systems, and self-manage long-term health conditions. Parents in supportive family settings will guide their children, and maybe even grandchildren, through this transition, but care leavers do not have that support. They often struggle to recognise that they need help, they do not know how to seek it, and it can often be very difficult to navigate complex healthcare systems. As a result, care-experienced people have a very poor uptake of physical and mental health support but very great physical and mental health needs. These clear and practical points were raised with me by the National Network of Designated Healthcare Professionals, to which I am extremely grateful for its briefing and advice, and for the time it has taken talking me through these issues.
My Amendment 96 would require local areas to set out clearly the transition arrangements for health and primary care for care leavers. It does not feel like it should be too much to expect this to be available. As importantly, my Amendment 107A would automatically schedule an extended GP appointment for care leavers who wish to use it; that is the simplest way to bridge this gap and empower them to talk about their health needs, and understand what local services are available to them and how to access them easily. Through this, they would receive support in navigating health systems—from booking appointments and requesting repeat prescriptions, to recognising when they need help. It seems a very small ask, and I hope the Minister will say yes.
There is a coherence to the other amendments in this group. They are the planks that all of us all too easily take for granted, such as having confidence in and transparency about how money works, as the noble Baroness, Lady Tyler, so ably argued. The noble Baroness, Lady Bennett of Manor Castle, cited the interesting example of the appetite for financial education of care leavers who are part of the universal basic income pilot.
I put the case for health and the noble Baroness, Lady Tyler, put the case for Staying Put—it was such a good idea that we have had it twice—and possibly the national offer. My noble friend Lord Young of Cookham highlighted very simple human requests about how the housing system works for care leavers. The idea that a young person aged between 21 and 25 who has been through the care system has to yet again prove they are vulnerable is frankly shocking. I hope the Minister can say something encouraging about that.
We have a combination of the specific elements that would make a difference to care leavers’ lives: the reporting data that my noble friend Lord Lucas raised; the financial aspects highlighted by the noble Lord, Lord Bird; and, crucially, as I mentioned on an earlier group, the importance of relationships, ably explained by my noble friend Lady Stedman-Scott on behalf of my noble friend Lord Farmer. I remember listening to the honourable Member for Whitehaven and Workington talking about this issue, and I think he said that every child is one or two relationships away from success or failure. Actually, in the example given by the noble Baroness, Lady Benjamin, of children going into gangs, they are seeking relationships. We would all do the same if we had no choice, but we want strong, positive relationships such as lifelong links has been proven to create, so I very much hope that, when the noble Baroness comes to sum up, she will come with good news.
Baroness Blake of Leeds (Lab)
My Lords, I like the description of the hierarchy of needs and I hope noble Lords will forgive me if I jump around a bit as well in my summing up. It has been a very rich set of contributions to an incredibly important part of the work that has been undertaken in bringing the Bill before your Lordships.
The first four amendments in this group seek to amend Clause 8, which will require local authorities to publish information on the support available to care leavers as they transition to independent living as part of their local offer for care leavers, set out in Section 2 of the Children and Social Work Act 2017. The remaining amendments seek to extend support for care leavers to address the poor outcomes they experience across so many aspects of their lives. Improving support for care leavers is something the Government are committed to doing through the measures in this Bill on Staying Close, local offer, corporate parenting and other programmes such as the care leaver covenant, and also by other initiatives that seek to work across government.
The fact that the Government have set up the care leaver ministerial board, chaired by Secretary of State for Education Bridget Phillipson and for MHCLG Angela Rayner, shows absolutely top-level commitment to bringing all the relevant departments together so that they can most properly address the issues that have been raised here. It is probably beyond our ability through this Bill to address all the very important issues that have been raised and spoken to so eloquently from across the Committee.
Of course, the basic principle is that we want to ensure that young people are leaving care with stable homes, access to health services and support to build lifelong loving relationships, engaged in education, employment and training. In response to the comments of the noble Baroness, Lady Benjamin, that is exactly the reason this board has been set up: to bring everything together to address the complex needs of the young people we are addressing.
I assure noble Lords that we are funding a number of family-finding, befriending and mentoring programmes. These help looked-after children and care leavers to identify and connect with important people in their lives and create safe, stable, loving relationships. The family-finding, befriending and mentoring programme is being evaluated, and this will help to inform decisions about the future of the programme. From personal experience, the school that two of my grandchildren go to works on the restorative practice model. If noble Lords have not come across it before, I suggest having a look at how it works and how young people can learn at the youngest age how to form relationships and how to express their needs in a coherent and structured way, which can then inform all the complex issues that they will reach going through their lives.
Baroness Barran (Con)
Before the noble Baroness moves on, I am not clear about something. The specific recommendation from the National Network of Designated Healthcare Professionals is to have this extended GP appointment. The noble Baroness has now amended my amendment to make sure that it is at a convenient time. I just was not clear whether she said it would take time to produce the statutory guidance that will underpin all the corporate parenting responsibilities. However, as regards putting something—I am going to get the terminology wrong, so forgive me—into the kind of agreement with general practitioners, so that part of their contract is to offer this extended appointment as children young people leave local authority care, I was not clear whether the noble Baroness thought that was a realistic option, with the tweak of it being at a convenient time.
Baroness Blake of Leeds (Lab)
I thank the noble Baroness for picking me up on that commitment. This is quite a detailed ask, but it is absolutely realistic that this is a new departure going forward and there will need to be consultation and everyone coming together to make sure that the statutory guidance is deliverable and works. However, I am happy to write to the noble Baroness with more specific detail on that area as we move forward.
Amendment 130, in the name of the noble Baroness, Lady Tyler, seeks to extend the provision of Staying Put to age 25. We have discussed this at great length and I am no clearer as to why this is in this group of amendments rather than one of the others. So, without repeating the arguments, I will just say that the rationale is that we cannot commit off the top of our heads to effecting fostering arrangements without recognising that there will be a knock-on impact of change on the whole area of the foster care market, as it were. Any changes in this area are sensitive and have to be taken in the round.
However, the most important thing that we have to address is that too many young people who have come through the route into independent living from residential care, for example—who often, as I said earlier, have the most complex needs—will be a priority area in terms of addressing the support that they do not have because they have not entered the foster care route. So, we are keeping an eye on all of this through the introduction of statutory Staying Close duties, making sure that all former relevant children under the age of 25, including those who are still in a Staying Put arrangement, as well as those who have left it, will be provided with Staying Close support where their welfare requires it.
Amendment 153, in the name of the right reverend Prelate the Bishop of Chelmsford, would require public bodies, when carrying out equality assessments, to consider the needs of people who are or have been in local authority care. We know that looked-after children and care leavers face stigma and discrimination and we are determined to tackle this. There has been effective and passionate campaigning, with many local authorities taking positive action as a result.
Amendment 183A, tabled by the right reverend Prelate the Bishop of Manchester, seeks to enable care leavers to claim the higher over-25 rate of universal credit. Although he is not in his place, his amendment is an opportunity to revisit this: I was at the Dispatch Box at Second Reading of his PMB on this subject. Just to emphasise what we have already said, the Government recognise the considerable challenges that care leavers face and remain committed to supporting them. However, we do not believe that this amendment is necessary.
The Government have recently announced the first sustained increase to the universal credit standard allowance, and, while under-25s receive a slightly lower rate, additional elements are available, including for housing costs, to help them to live independently, and towards their living costs. They may also be eligible for universal credit elements, including for children, childcare costs and disability. Under-35s who are single and renting in the private rented sector and claim either housing benefit or universal credit can receive help towards their rental costs via the shared accommodation rate of the local housing allowance. Single care leavers under 25 may qualify for the one-bedroom local housing allowance. Discretionary housing payments administered by local authorities can be paid to those entitled to housing benefit or the housing element of universal credit.
The Government have extended the household support fund by a further year, from 1 April 2025 until 31 March 2026. I would emphasise the work that the DWP is doing in this area: its objective to help care leavers into long-term employment is the key to supporting their independent living. This is why we are focusing on providing access to the right skills and opportunities for sustained employment and career progression. Therefore, with all of those considerations, I kindly ask noble Lords not to press their amendments.
Lord Lucas (Con)
My Lords, that was a really disappointing response to Amendment 98. We started with a response to Amendment 78 which was excellent, a continuing annual dialogue by someone who was really involved in what is going on. When we get to this amendment, I am not offered a review at all, it is just the menu: no content of what has been done, how it has been done and what the excitements and disappointments of the year have been. I very much hope that the noble Baroness, when she reviews this day and looks in general, will say, “Actually, my first answer was the better one”, and that that sort of relationship between a local authority and its duties and the public produces a much better response than just a local authority setting out what its offer is and making no comment whatever on how its performance has been, and offering no interaction to the public in general as to how that is going on. I will talk to my noble friend on the Front Bench about coming back to this on Report. It was a more general look at how local authorities should relate to their public about what has happened this year and what they hope to do next year.
Baroness Tyler of Enfield (LD)
My Lords, I thank the Minister for her comprehensive response. She used a word that I also thought of: it has been a very rich debate; it has been very wide ranging, with real passion, expertise and knowledge of the subject matter.
We all agree there is a strong moral imperative that we do all we possibly can to support care leavers as they make their transition into independent lives. I welcome and recognise the number of measures in the Bill that do that, but the whole tenor of this debate is that there is scope for strengthening. So many specific planks have been identified: health, housing, financial education, family relationships, et cetera. There is much to reflect on.
I was encouraged to hear that there is such a top-level, cross-government board looking at this, including Cabinet Ministers. That is really positive. Could this debate be drawn to its attention, so that it can see what we have said and the suggestions we have made? On the offer that should be available to all care leavers, it was helpful to have the distinction between some sort of national offer that is, essentially, the minimum standard that should be available everywhere and the local offer, where it is actually delivered. That will vary, but there is a set of standards below which it really should not fall. That is something we could think about further.
Rather than getting back into other issues or any disappointment about responses, I have a suggestion: would it be possible for interested Lords who have spoken in this debate to have a meeting with the Minister before Report, so that we could look together at where it is realistic to do the strengthening, which came across very strongly in this debate? On that basis, I withdraw my amendment.
Baroness Tyler of Enfield
“Promoting relationships for looked after childrenIn section 22(3A) of the Children Act 1989, at end insert “and a duty to promote the child’s family and social relationships in ways which are consistent with the child’s welfare.””
Baroness Tyler of Enfield
My Lords, I am afraid it is me again. I will speak to Amendments 101 and 102. I am grateful to the noble Lord, Lord Farmer, for adding his name to Amendment 101 and, of course, to my noble friend Lord Storey. I am sorry that the noble Lord, Lord Farmer, cannot be in his place, because these amendments are both about relationships, which I know he feels passionately about.
In short, Amendment 101 is about promoting relationships with children in care. That is central to their well-being and therefore at the heart of the Bill. The amendment would strengthen the duty on local authorities to support the well-being of children in the care system by promoting the child’s family and social relationships alongside their educational achievement. Both are critical and interlinked.
We all need people to turn to in our lives for support, encouragement and love, particularly when times get tough. Research for the care inquiry by voluntary organisations concluded that the greatest failure of the care and child welfare system is that it too often breaks, rather than builds, relationships with children in and leaving care. Children often have to move to live far away from home, which means they have to change schools, leave behind family members, friends, neighbours and other important relationships. This is also relevant to Clause 11, which we will come to later, about children who have been deprived of their liberty. I will come back to that in a later grouping.
The absence of positive relationships in children’s lives increases the likelihood that they experience longer-term difficulties such as poor mental health—we have already heard about that—a tougher time at school, unemployment and homelessness. When young people leave care, their professional support network too often just disappears, and they do not have family or friends to turn to.
Charities such as the Family Rights Group have developed programmes of support to address this, such as lifelong links. I was going to talk about that, but the noble Baroness, Lady Stedman-Scott, did so in an earlier group, so I am pleased to say I do not need to. The crucial point I want to make is that these relationships should not be broken in the first place and that local authorities should be supporting children in care to maintain positive relationships with those who are most important to them.
Lord Storey (LD)
I shall speak to my noble friend Lady Tyler’s Amendments 101 and 102. Without embarrassing my noble friend, I thought that was a very powerful and emotional speech. For all of us in this Chamber, one of the most important things in our lives is the love of our family, our friends and relationships with other people. Those are the very things that children in care are often missing, so we should do all we can to ensure that they have the relevant relationships that they want. My noble friend Lady Tyler rightly said that we all need people in our lives to give us love, support and positive relationships—hear, hear.
Children and young people in care indicate that it is relationships not just with professionals such as teachers and health professionals but with a range of other people who provide an important support network that they need. The quality of the relationships is much more important than the quantity. Research suggests that the presence of one stable and significant adult in the life of a young person is more important than multiple relationships.
Social care cases across the UK reference the benefits of promoting the relationships of looked-after children. Those benefits will include: contributing to children’s resilience; promoting physical and mental well-being; minimising the likelihood of forming alternative, potentially dangerous relationships; helping with therapeutic work; and enhancing the stability of placements. But there are many barriers to ensuring such stable relationships.
As a teacher, in case conferences I found time after time that—through no one’s fault but perhaps the fault of the system—one of the problems was that the social worker had moved on to another area of work. The child or young person had built up a relationship with the social worker, and the social worker, through no fault of their own, had to move on to another job, perhaps because of a shortage of social workers. That created real pressures. Changing social workers and professionals means that there is not the time to build the trust with young people that is so essential. Where young people are excluded from shaping contact plans, or where previous secure attachments have been broken through experience in care, children often struggle with trust issues with adults—something that is exacerbated by the constant changing of social workers, as I have said.
On Amendment 102, an estimated 37% of looked-after children are separated from their siblings when they are placed into care. That is 20,000 children, as referenced by the Children’s Commissioner. For older children placed into semi-independent accommodation, 93% are separated from their siblings. Once separated, very little support to maintain relationships is provided.
Lots of research by social workers and charities emphasises the importance of sibling relationships for looked-after children. Siblings provide the longest-lasting relationships, often extending through their lifetime. Contact with siblings can foster positive identity development, provide emotional support through feelings of connectivity through shared experiences, give priority to existing functional relationships and help support the emotional needs of looked-after children.
When children are going through court cases to be removed from their parents, relations of direct contact are often prohibited between certain family members. This means that siblings cannot continue their relationship. Children are rarely consulted about such decisions.
The UN Convention on the Rights of the Child says:
“No child shall be subjected to arbitrary or unlawful interference with his or her privacy, family or correspondence, nor to unlawful attacks on his or her honour and reputation”.
In talking to children in care, they express that their relationship with their siblings is essential. The weight of responsibility for maintaining relationships with siblings is often placed on the looked-after person. That should not be the case.
Lord Meston (CB)
I speak in support of both amendments but particularly Amendment 102 for the strong arguments which have been advanced.
At every stage of a family’s involvement with a local authority, efforts should be made to enable siblings to maintain contact with each other and not to overlook the importance of the sibling relationship. It is now much better understood that, when parents can no longer care for a child, the most important and significant relationship that child may have is with his or her siblings—a relationship which, as the noble Lord has just said, can last a lifetime.
Although local authorities and courts strive to keep siblings together, that is not always possible and they may have to be placed separately. They may have different and sometimes conflicting needs. At a practical level, larger sibling groups can be more difficult to place together. If, for whatever reason, they cannot be placed together, meaningful and workable contact arrangements are essential.
There is a report, which I think is correct, of two sisters who were placed separately five minutes apart but were not allowed to see each other. One sister had to see her sister at a distance in the same school playground playing with a foster-sister. It is a desperately sad story. I recall having to deal with a case in which the siblings were a short distance apart from each other but in different local authority areas, and considerable efforts were required to get the two local authorities to co-operate. It is for that reason that I support the amendment. Judicial encouragement is usually enough but not always, and therefore court orders may be appropriate.
Baroness Finlay of Llandaff (CB)
My Lords, the noble Lord, Lord Meston, has highlighted the problem of large sibling groups. I want to draw attention to a very specific group, which is bereaved children. Sometimes there are several children in a single-parent family and, when that one parent dies, often the children left behind are half-siblings—sometimes several of them. The amendment is incredibly important because those children are grieving for the parent who has died and then for the sibling or half-sibling that they are separated from.
The noble Baroness, Lady Tyler, has reminded me of a family that I was involved with where the mum died and the father had been abusive so had no contact at all with the children, and the oldest child was a few months away from being 16. We managed, with the help of a schoolteacher and various other people, to keep those children together. Many years later, I still have some contact with them, and all the children have done well. I am convinced that, if we had not struggled to keep them housed together, then one of them in particular would probably have gone off the rails, yet they have all pursued good careers and have all done well.
As an investment for the long term in the lives of all these children, the amendment is important. I hope the Government will adopt it. I cannot see that it would cost anything in financial terms, but not adopting it probably would, because of the emotional trauma to the children who are separated from the people with whom they cannot share memories and remembrances about whomever it is they are separated from.
Another issue regarding that group of children is that sometimes there is a grandparent, an aunt, an uncle or someone who can provide them with some stability but is not in a position to provide kinship care. Keeping all those links going, and enabling them to link to cousins as well, can really support them.
The Earl of Effingham (Con)
My Lords, Amendments 101 and 102 in the name of the noble Baroness, Lady Tyler, seek to promote familial relationships for looked-after children.
Amendment 101 seeks to include a duty to promote a child’s familial and social relationships alongside the existing duties for local authorities to promote the child’s welfare and educational achievement. This amendment emphasises the importance of maintaining relationships for children in care, which would have a positive contribution to their health and well-being. It is vital that the success of children in care is both child-led and child-centric and, as such, ensures that local authorities promote familial and social relationships.
Amendment 102 focuses on the relationships between looked-after children and their siblings. Currently, the relationship with parents is emphasised, and the relationship with siblings does not receive the same focus. As was highlighted by the noble Lords, Lord Storey and Lord Meston, establishing a bond between siblings, which can be lifelong, should be a top priority for looked-after children so that, whatever challenges they may or hopefully may not be facing, they have someone to turn to whom they can trust and confide in.
These appear to be sensible amendments, and we look forward to hearing the Minister’s response to these important points.
The Minister of State, Department for Education (Baroness Smith of Malvern) (Lab)
My Lords, in speaking to the amendments in this group, I recognise that there is an enormous consensus in this debate about the significance of family and social relationships for looked-after children, for children in care and for all of us. This is why we feel so strongly that these are relationships we need to protect as far as possible for the children who are looked after by the state. It must be key, as several noble Lords have said, that we are able to maintain those strong relationships.
Perhaps at this point I should give a shout-out to my two sisters, who, after my mum, are the longest relationships by far that I have had in my life. As other noble Lords have said, when the going gets tough, it is your siblings who provide you with the support necessary—if you are as lucky as I am with mine—to get through those times.
We have a responsibility to help those children whose lives have been even more difficult to be able, wherever possible, to maintain those relationships. When a child is in care, as other noble Lords have said, the local authority must allow reasonable contact with the child’s parents, if it is consistent with the child’s welfare. These amendments seek to place equal duties on local authorities to allow reasonable contact with siblings of children in care. They also seek to strengthen wider family and social relationships for looked-after children.
We very much agree that it is important for a looked-after child’s welfare to, wherever possible, have and maintain positive relationships with their parents, siblings, wider family and friends. The importance placed on these relationships is echoed at all levels of a child’s care journey and is supported through current arrangements and statutory processes. We have heard in more than one debate today about the excellent work that has been done, for example, by lifelong links, which is supported in 22 local authorities by funding from the Government, and which is operating more widely than that. The noble Lord, Lord Storey, is right that, when it comes to relationships, we need to focus on quality as much as quantity and on the sustainability of those relationships.
For local authorities, there are existing duties in the Children Act 1989 to endeavour to promote contact between looked-after children and their relatives. This includes siblings, friends and other connected people, unless it is not reasonably practical or consistent with their welfare—the Children Act is clear about that. Good social work practice would ensure that there was a strong understanding of the people who are important in a child’s life, the nature of the relationships and an ability to be able to plan for how those relationships can be sustained.
Equally, when determining an appropriate placement for a child, local authorities must, as far as reasonably practical, ensure that the child can live with their sibling, if that sibling is also looked after. The importance of this is laid out in the care planning regulations. For those involved in care planning, regulations already make it clear that arrangements to promote and maintain contact with siblings must be included in a child’s care plan. This prioritises consistency, stability and lifelong loving relationships with those who are important to children and young people.
If a child is concerned about the level of contact that they have with their sibling or other family members, they should be encouraged to speak to a trusted person about this, be that their social worker, their independent reviewing officer—who has a responsibility to ensure that the plans being made for the child or young person are appropriate, including those that involve maintaining relationships—or an advocate. Under current legislation, in extreme circumstances children in care can apply to the court for contact with any named person, which could include a sibling, and siblings can seek permission from the court to apply for a contact order. Furthermore, as I think we heard from the noble Lord, Lord Meston, the court should consider contact in making a care plan for that child.
For foster carers and, for example, staff caring for children in children’s homes, there is statutory guidance and regulations to promote positive relationships between a child and their family and friends. More broadly, a very strong theme in the Bill is our working to promote strong family networks in all areas of children’s social care—for example, through the measures on family group decision-making, which we discussed right at the beginning of Committee. That might be an appropriate way to address the issue that the noble Baroness, Lady Finlay, raised about bereaved children. The noble Baroness is right that, in those cases, it is particularly important that, at the point at which they are bereaved, children would be able to maintain contact with those who they have left in their lives.
I hope I have recognised the important arguments behind both these amendments, and that I have provided some reassurance to noble Lords that existing laws, regulations and guidance already strongly value, and have an expectation around, the importance of sibling relationships and other relationships, while ensuring children’s welfare. I suspect that this is a place where the law, regulations and standards are already in place. What we need to do is focus on the significance of this and on the good practice of social work needed to enable it to happen. Social workers around the country will be focusing on it, and I hope us having had this debate will make it more likely that it will be brought to the fore in people’s thinking. I hope, therefore, that the noble Baroness will feel reassured enough to withdraw her amendment.
Baroness Tyler of Enfield (LD)
My Lords, I thank the Minister for her very empathetic response. Following her example, I guess I ought to give a shout-out to my brother. We have been through some quite difficult times together, and that is what leads to that enduring relationship.
I thank all noble Lords who participated in this debate. It has been one of those debates that shows this House at its very best, and that we can deal with issues to do with love and emotions. I am grateful for the Minister’s response. My reaction is as follows: it may well be that this is currently written into existing legislation and guidance, but I know from all the care leavers I used to speak to on a regular basis that, far too often, it simply does not have much impact on the ground—and I think this was a point made by the noble Lord, Lord Meston. One of my objectives in putting this amendment forward was to have something in the Bill that makes it absolutely obvious that sibling contact is a right. It would be really encouraging for children in care to know that it was there.
Between now and Report, it would be helpful to have further discussions about the extent to which the problem is that this is just not clear enough in law, and so we need to put something in—which, again, as was said, would not have any cost implications—or whether it is more to do with social work practice on the ground. I am a great believer in both/and, so I think we may well be returning to this on Report. On that basis, I beg leave to withdraw the amendment.
Lord Watson of Invergowrie
“Register of foster carers(1) The Secretary of State must introduce a register of local authority foster parents and independent foster parents who are—(a) currently fostering children, or(b) available to foster children.(2) For the purposes of subsection (1), “local authority foster parent” is defined in accordance with section 105 of the Children Act 1989.”Member’s explanatory statement
This amendment would introduce a register of foster carers. The intention is that having such a register, as exists for social workers, would improve the safeguarding of children, and matching and sufficiency of placements, and improve the status of foster carers.
Lord Watson of Invergowrie (Lab)
My Lords, introducing a national register for foster carers would produce many benefits. Overall, it would enhance their status. One resulting effect would be to attract more volunteers, thus beginning to reduce the shortage of foster carers across England, which currently stands at around 5,000. That in turn would improve the matching process by which children in care are placed with foster families, and increase the portability of foster carers. All those benefits would raise the level of safeguarding of children in the care system.
Last year the Commons Education Committee inquiry into children’s social care recommended that the creation of a national register of foster carers should be considered by the then Minister for Children. The inquiry was interrupted by the general election, but the new committee has reactivated it and is still considering these issues. It has been reported that the Government are considering the merits of a national register, which would certainly be appropriate because both the Scottish and Welsh Governments are consulting on the creation of such a register. Perhaps my noble friend can clarify the current thinking on this.
A register would safeguard children by keeping a central record of foster carers who have had their approval terminated for safeguarding reasons, ensuring that they are not reapproved by another service and then able to care for another child. Currently, services cannot always know this, particularly if potential foster carers are transferring between independents and local authority services. The introduction of a register would go hand in hand with an accredited pre-approval and post-approval training framework and robust national standards of practice, improving the overall quality of care for children.
The number of children in care in England who are moved outwith their local authority area is an issue that we have heard mentioned by noble Lords in several of the debates today. It increased from 41% in 2020 to 45% last year. A register would allow services to make matches more quickly at a local level, which would ultimately reduce out-of-area placements. That could be done by the new regional care co-operatives, which we are going to debate in the seventh group today and which will lead on regional placement commissioning, for which the Bill already makes provision. With a register in place, local authority fostering services could be given access to information on the number of fostering households with vacancies for children in their local area, including those with independent fostering providers, as well as in neighbouring local authorities.
This amendment would require the Government to establish a national register for foster carers. Linked to the regional care co-operatives, that would help to better safeguard children and, as I have said, improve the status of foster carers through formal recognition of their role, allowing services to match children to foster care placements more quickly at the local level.
I hope my noble friend will acknowledge that the register would bring the beneficial outcomes that I have outlined and overall assist in making a significant dent in that shortfall of foster carers, which results in too many young people being denied the option of improving their life chances by being able to find a loving foster family to embrace and nurture them. I beg to move.
Lord Young of Cookham (Con)
My Lords, Amendment 143 seeks to promote the idea of a national foster care strategy. I declare an interest in that a very long time ago my wife and I were registered as foster parents in the London Borough of Lambeth—nothing on the heroic scale of the Timpson family, of whom we heard earlier. It principally involved looking after the children of a single mother while she went into hospital to have her baby; somebody needed to look after her children before she was discharged. The regime in those days was much more relaxed than it is today.
Since then, the relatively informal system has evolved into a much more structured and regulated part of the child welfare system, particularly following the Children Act 1989. There is now a much stronger emphasis on the physical and psychological stability of a child, and more awareness of the risks of inappropriate placements.
I turn to the amendment. Most children grow up in their own home with two parents, one parent, or a parent and a partner, and most of the challenges that confront a family can be met within the normal support mechanism of families, friends, the local authority and heroic voluntary organisations. But at times children have to be taken into care by the local authority. In March 2024 there were 83,630 children in care in England, up from 80,000 in 2020. For those children, there is a range of options: for a very few it will be adoption, but for most it will be kinship care, fostering or children’s homes, and we had a good debate about kinship care and the role of local authorities as a constant theme.
Lord Bird (CB)
I second the amendment of the noble Lord, Lord Young. I am very interested in foster caring, largely because when I was in care as a young child, it was largely because I did not really have a family. I had a mother and a father, and I had brothers who were taken away in one direction. My parents were not very grown up; they had not really got used to the idea of having six children when they could probably afford only one.
I find this amendment so interesting because it backs up my experience as a young boy. When our family finally reconnected in Fulham in south-west London, the place was littered with foster-children. It was very interesting. I got to know people who went to my school, and they were fostered. They were not blood brothers or sisters or related to their family. I found that so interesting because most of those children, dare I say—I do not want to appear as a classist—ended up being quite middle class. They ended up getting the education of a lot of us who passed through care. It was interesting that, in this area of Fulham, there was this great mixture of very working-class children with a bit of a middle-class aspect, yet the children who really excelled were the ones who had the all-round relationships.
I would love to see a strategy that got behind those circa 130,000 people who want to foster. I would like to see a shrinking of the numbers of local authority homes, having been in a Catholic one, which was not an awful lot different from any other kind. The idea of institutionally raising children is not good news. The idea of raising children who were separated from their loved ones—as I was—is bad news. Therefore, I suggest we follow the example from the noble Lord, Lord Young, and create a proper strategy so that we can share out the loving relationships that we need to to our children, who are in desperate need, especially at the time when their own kith and kin cannot provide them with what they really need.
Baroness Spielman (Con)
My Lords, I support Amendments 134, 143 and 178. Fostering is critical to the provision of good care for all children who need it, and it is a really tough job.
In Committee so far, not very much has been said about the very large proportion of looked-after children who have significant special needs—it is more than 90% of all children in children’s homes, and it is over 70% of all looked-after children. Many of those are problems that have arisen as a result of post-birth experience, but there are quite a lot of instances where these are problems that children were born with and will be with them for life. Some children are in foster care precisely because their birth parents have not been able to cope with their significant needs, so we ask a tremendous amount of foster carers.
The measures in the amendment to improve on the current position are very welcome. But the Government could go further in some very practical ways, which is why I support my noble friend’s amendments. Room sharing is not always appropriate, but for some children it will be suitable. Similarly, foster carers need more authority to make more of the decisions and do more of the often everyday things that parents do.
I support the comments made about the need for streamlined recruitment processes and a foster care strategy that really thinks about the support services, training, respite and wider services that help foster carers to do it well, to feel that they have the capacity and that they can sustain the tremendous effort of foster caring through the whole period that any given child needs it. There is an opportunity here.
Lord Hampton (CB)
My Lords, I speak to Amendment 143 in the name of the noble Lord, Lord Young of Cookham, to which I added my name and to which the noble Lord, Lord Bird, spoke so powerfully. I thank the Nationwide Association of Fostering Providers for its help on this.
As we have heard, this amendment aims to ensure that the challenges within foster care services are both recognised and addressed. With a well-defined strategy in place to oversee necessary reforms to the system, we can ensure that local authorities are no longer burdened by the unstable expense of children’s social care.
Many foster-children feel that their new home has given them a new chance, and they feel like a genuine part of the family. Foster carers overwhelmingly say that being a foster-parent has had a positive impact on their lives, as they provide love and support to vulnerable children.
Independent fostering agencies—IFAs—play a huge role in providing high-quality care for children: some 96% of IFAs are rated “Good” or “Outstanding” by Ofsted.
While the Government’s commitment to the foster care system since the general election is a positive step, it is vital that any interventions go beyond short-term fixes. This is why we need to see the introduction of a dedicated foster care strategy to provide strategic oversight to the tactical pledges made previously.
There are welcome measures outlined in the Bill to regulate and introduce oversight of independent fostering agencies. However, given that these IFAs make up a significant proportion of the sector, without a dedicated foster care strategy, which provides insight into the Government’s ambitions for the sector, this already precarious sector is unable to plan effectively for the future. Ultimately, without addressing the underlying causes of pressure in children’s social care, such efforts risk falling short of delivering lasting impact.
Baroness Tyler of Enfield (LD)
My Lords, briefly, I lend my support to Amendment 143, in the name of the noble Lord, Lord Young of Cookham, to which I have added my name. This amendment, on the need for a foster care strategy, was, if I may say so, powerfully brought to life by the noble Lord, Lord Bird, and I thank him for that. The noble Lord, Lord Young, put it very well when he talked about the gap that exists, saying that we had strategies for other aspects of children’s social care but not for fostering. It is a gap that it would be useful to fill, in the same way that the amendment I brought last time suggested a strategy for neglect.
As we have heard, urgent action is needed to address the recruitment and retention crisis in foster care. Nationwide, it has been calculated that we have a shortfall of some 6,000 foster carers across the UK, with 5,000 more needed in England. Certainly, more foster carers are continuing to leave than are joining up. Various surveys have shown that the three key reasons for this have been inadequate financial remuneration, lack of support from their fostering service and a lack of respect for their role. I think that last one is really sad. I did notice in the 2024 State of the Nations’ Foster Care report that the number of foster carers who said they would recommend fostering to others has decreased. Indeed, fewer than half of foster carers said that they would recommend fostering to others who may be considering it. It is for those reasons that we need a national strategy to lay out how fostering will be more sustainable in the long term, not least to meet the needs of some of the children who the noble Lord, Lord Hampton, was talking about.
I also support Amendment 105, in the name of the noble Lord, Lord Watson, which would be an important part of raising the whole status of fostering.
Baroness Barran (Con)
My Lords, the context for my Amendments 134 and 178 is, as we have heard in this short debate, that we face a very severe shortage of foster carers. As other noble Lords have said, this Bill feels like a huge missed opportunity to try to address this problem. Honestly, I do not really understand why the Government have not chosen to do more to address it—but perhaps the amendments in this group will offer the way.
The noble Lord, Lord Watson, and the noble Baroness, Lady Tyler, mentioned that there is currently a shortage of 5,000 foster carers in England; that is 33 foster carers per local authority. It just does not feel like an insuperable problem to find 33 homes across the country in each local authority—though, absolutely rightly, my noble friend Lady Spielman spoke of the very high prevalence of complex needs in children who go into foster care.
This speaks to the amendment in the name of my noble friend Lord Young of Cookham and others about a strategy, which would also address the recommendation in the MacAlister review that we need more flexible models of fostering. As we have heard, of just over 160,000 families who expressed an interest in becoming foster carers in 2020-21, only just over 2,000 were approved—a conversion rate of 1.3%. I understand that many applicants apply to multiple agencies and so get counted twice. There may be timing issues for potential carers, and there are structural challenges, including pay and the need for training, and difficulties in the application process, as we have heard. This is the most significant area for the roughly 83,000 children in care. Over 56,000 of them are in foster care, half of them with independent agencies and half in local authority foster care. That is a very big and important number, and it feels fundamental to address it.
It sits at the heart of what we might call the children’s homes problem of cost and profits, which we will debate in subsequent groups. If we had more foster carers, the pressure would come off children’s homes, prices would adjust and we would be in a much better situation, particularly, as the noble Lord, Lord Bird, put so convincingly, because the wraparound of foster care—the fact that there is a family and relationships—leads to vastly better outcomes for the child. For all those reasons, this is an important group, and I hope that Amendment 143 is one that the Minister takes very seriously.
My amendments are much simpler. Amendment 134 would give more flexibility to allow young children over the age of three to share a room. My intention is that this would apply to primary-aged children, although re-reading my amendment I think that my drafting skills have come through yet again. Having talked to directors of children’s services in London and other areas with high housing costs, I know that the number of potential foster carers with several spare rooms is very limited. I am aware that some organisations in the sector see this as a safeguarding risk, but I argue that we are already trusting the foster carer to care for a very vulnerable child. Within that, we should trust their judgment about the sleeping arrangements of the children in their home. Sadly, safeguarding risks are not confined to what happens in a child’s bedroom. This amendment could potentially add several hundred more places, at little or no cost, in areas with the greatest pressure to place children locally, and would avoid children being placed very far from home—as we have heard about several times today—their roots and their communities.
This is not the only way to expand capacity. Another would be to invest in initiatives such as the Greater Manchester Room Makers scheme and roll it out more widely. It provides funding for foster carers to renovate existing rooms or build extensions to allow them to care for more children.
My Amendment 178 seeks to clarify the delegated authority that foster carers have for the children in their care. This was tabled in the other place by the honourable Member for North Herefordshire and received a positive response from the Minister. I seek further confirmation from the Minister here that the Government still intend to consult on this point. Perhaps she could update the House on the likely timeline for the consultation and for the secondary legislation to be amended.
Thinking more broadly, and returning to Amendment 143, it would help the House if the Minister could share other ideas the Government are working on to improve recruitment and retention. I spoke recently to the organisation Now Foster, which is developing “weekenders”—that might not be the right term—which offer regular weekend placements for children who might be either in kinship or foster care, giving much needed rest and space to both parties, and a consistency and stability for the child or young person that can extend beyond the age of 18. Crucially, it also gives foster carers a chance for a more modest but still substantial commitment, rather than taking in a child full time with everything that entails. This idea—again, this came up in the MacAlister review—of having different options and different models of fostering is long overdue for more work.
My noble friend Lord Young of Cookham talked about the importance of a support network for foster carers. I visited an amazing group of foster carers—some brand new and about to receive their first child, some who had been fostering for over 20 years—who are part of an employee co-operative, Capstone Foster Care, in Peasedown St John in Somerset. Again and again they spoke eloquently about the impact of that network on their ability to foster and to offer love and care to very vulnerable children.
They also talked—this ties in with the amendment in the name of the noble Lord, Lord Watson—about the need for a really positive recruitment campaign. Most people hear about fostering only when there is a case of severe neglect or worse. But across the House we have heard examples of many noble Lords who have either been foster carers or who recognise the extraordinary and life-changing work that foster carers do. We need that message to get outside this Chamber and out to people who might consider this and see it as a respected and important profession. We need more innovation in this area to unlock the potential in our communities to provide this kind of support for children who need it, and to improve retention.
Baroness Smith of Malvern (Lab)
My Lords, this has been a well-informed debate on the amendments in group 5 concerning foster care, particularly informed by those who have had personal experience. The noble Lord, Lord Young, gave his experience of being a foster carer and I agree that the noble Lord, Lord Bird, made a very important contribution on what it feels like to be a child in the system and the lifelong impacts that has.
I think there has been a consensus once again that foster carers offer crucial support to some of the most vulnerable children in our society. They provide love, stability and compassion to children and young people when they need it most. We very much share the concerns raised in this House about the falling numbers of fostering households—a fall of 9% since 2020—and the effect this has on children. Perhaps it was the late night I had had, but I felt marginally grumpy about the suggestion from the noble Baroness, Lady Barran, that because there is not more about fostering in this legislation, somehow or another that means that this Government are not committed to righting the decline we have seen over recent years. Therefore, I will take the opportunity to spell out exactly what the Government have been doing. There is a tendency in this House, which is understandable because we are legislators, to think that things happen only if they are put into legislation. I hope I can demonstrate that there is plenty happening on fostering due to the actions of and investment put in by this Government.
Lord Bird (CB)
I just wanted to remind us of a little bit of history. Napoleon said that a battle plan strategy was the most useless thing on earth but that you were lost without it.
Baroness Smith of Malvern (Lab)
That is good, because I was about to say—although I think he called it a battle plan, not a battle strategy—that the Government will set out our plans for foster care in due course, bringing together the range of activities that is already happening and taking on board the need to go further in the way that noble Lords have rightly pushed us to today.
Amendment 105, introduced by my noble friend Lord Watson, is on the introduction of a national foster care register. As he outlined, fostering services currently maintain local registers of foster carers alongside records relating to prospective foster carers. A national foster care register would insert central government into the systems and processes of foster care oversight, which are currently deployed locally. But as he said, and as I think my honourable friend in the other place outlined in Committee there, we are considering the possible benefits and costs of a national register of foster carers as part of our wider reforms.
There are a range of proposals for such a register. It will require some careful consideration. Specifically, I am sure we all recognise the need to ensure that a national foster care register would also meet local needs and avoid unforeseen negative consequences, and that it would overcome some of the risks surrounding the security of sensitive data, as well as imposing additional bureaucracy on the sector. But we want to engage with fostering stakeholders on this issue to determine next steps, and we can see some of the advantages of the national register that my noble friend outlined.
Amendment 134, tabled by the noble Baroness, Lady Barran, is on the sharing of bedrooms for foster children to enable foster carers to look after more children in their home. She identified that one of the pushes for this comes back to one of the fundamental issues that we will discuss on upcoming clauses and which lies very much at the heart of the Government’s reforms: the insufficiency of high-quality places, fostering or otherwise, for the children who need them. I completely understand the belief that changing standards in this way might enable us to increase capacity.
I have already identified that the Government will invest money, for example, in allowing extensions and other ways that foster carers might alter their homes to provide more space and capacity for children. But it is also the case that our national minimum standards already allow foster children aged three or over to share a bedroom, subject to conditions being met, which are in place to safeguard and protect children. That means that fostered children, such as siblings, can share a bedroom where it is in the best interests of the child, provided that each child has their own area of the room.
We can update those national minimum standards at any time. We do not require a change to Section 23 of the Care Standards Act, as suggested in this amendment, to do so. The language in this amendment would change the tone of the national minimum standards. I am not averse to the point that is being made here; we just need to be careful about the balance that we are setting. It would shift the default position to present room sharing both as appropriate and, in fact, standard practice, rather than the current tone, where room sharing should be considered where it is not possible for each child to have their own room.
I think we all agree that children in foster care deserve to be treated as a good parent would treat their own children and to have the opportunity for as full an experience of family life and childhood as possible. I know that there are many good parents who will have children who share bedrooms, especially at a younger age, but I also know that for many children, fostered or otherwise, and for many parents, the gold standard would for them to have their own room. If we add to that the fact that children often enter foster care after experiencing neglect or abuse, including sexual abuse, and may have a greater need for their own personal space and for privacy, we can see the need to be careful about shifting the position to promoting sharing.
We recognise that room sharing in foster care may be suitable, as I have said, particularly for siblings, and we think it is right that flexibilities are already in place, but we are reluctant to suggest that room sharing should be promoted as standard practice. Importantly, we have seen no evidence from children and young people themselves to suggest that they want room sharing to become standard practice in foster care.
Baroness Barran (Con)
The Minister mentioned that the Government are putting funding into extensions and so forth. Will she write with details of how many additional places that funding is expected to secure? I do not mean precisely, but just to give a sense.
Baroness Smith of Malvern (Lab)
Yes, I am happy to do that. Of course, that is just one part of the sufficiency work that the Government are doing and that other elements of the Bill aim to make progress on, but I will write specifically on that project.
Amendment 178 on delegated authority for foster carers, which is also tabled by the noble Lady Baroness, Lady Barran, would give foster carers more autonomy and flexibility. All foster carers should have delegated authority in relation to day-to-day parenting of the child in their care, such as routine decisions about health, hygiene, education and leisure activities. That is so that they can support the child in having a normal upbringing, full of the experiences and opportunities that any other child would have. Under the current system of delegated authority, if something is not listed on the child’s placement plan then the foster carer does not have delegated authority and they must check with their social worker before decisions can be made. Foster carers can only take decisions that are in line with the child’s agreed placement plan and the law governing parental responsibility. This amendment would change that current system of delegated authority.
I have considerable sympathy with the idea that if we are asking people to take on the crucial role of caring for children on a day-to-day basis and making them part of their families then they also need the authority to be able to do that in the rounded way that any parent would expect to have. That is why we have begun conversations with foster carers and fostering services about proposed changes to ensure that all foster carers should have delegated authority by default in relation to the day-to-day parenting of the child in their care. We think that reforming this policy area would benefit from a period of consultation with stakeholders to ensure that any change to delegated authority best reflects the interests of all parties but, following a consultation, we are committed to implementing necessary amendments to secondary legislation. We do not believe that we would need changes to primary legislation in order to do that. Delegated authority is outlined in the Care Planning, Placement and Case Review (England) Regulations 2010. I hope that provides some assurance to the noble Baroness that, in that area, we very much see the case being made and want to make progress.
With all the assurances and further information that I provided, I hope that noble Lords will feel able not to press their amendments.
Lord Watson of Invergowrie (Lab)
I thank my noble friend the Minister for that comprehensive response and I thank noble Lords who have contributed to the debate. One thing that has always struck me about your Lordships’ House is the vast experience, on all sides, that often emerges in debates. On this group this evening, we have had two further examples of personal experience from the noble Lord, Lord Bird, and the noble Lord, Lord Young. Such experience always informs the debate and gives it a depth and breadth that, certainly when I have been in other legislatures, has not always been the case, and it is very valuable.
I heard what my noble friend said in her response about the proposal for a national foster care strategy. One of the strong points of Amendment 143 from the noble Lord, Lord Young—which would have had my name attached to it, incidentally, had it not already had three names when I went to add mine—is subsection (2), from memory, which refers to how we can improve the quality of foster care. That seems self-evident and I am sure the Government are doing it anyway, or trying to do it anyway, but it seems to me that it is important that, however well we are doing, we are not doing well enough, given the figures that have been quoted, not least the number of foster carers coming forward and the high rejection rate, to which the noble Lord, Lord Young, referred, which is astounding—I had not heard that before. There must be some reason for that, which we could surely turn around to get to the 5,000 shortfall, if that is what we have across the country.
On the comments of the noble Lord, Lord Bird, about what Napoleon said about the need for a strategy, whatever the Government are doing on this and in the broader children’s social care field, it is important that there is a strategy, whether or not it is written down. I do not know whether Napoleon had strategies throughout his lengthy career—which mostly went pretty well until it ended at what I might say is a London mainline railway station—but I still think it is important to have a strategy underpinning what we are doing.
I have gone on long enough. On my amendment proposing a register of foster carers, I was very encouraged by what my noble friend said—although she did chuck a couple of pebbles into the pond by saying there could be an increase in bureaucracy. There has to be an effective bureaucracy, because we are not bringing enough foster carers into the system; I do not necessarily think that is bureaucracy, because there has to be whatever it takes to ensure that we enrol more people.
As far as national versus local is concerned, I think that the two sit very neatly together: we would have a national strategy, and locally you would make sure that you draw in the people in the areas where they are most needed. I do not see them as mutually exclusive. I am encouraged by what my noble friend said, and I look forward to developments in the near future. Having said that, I beg leave to withdraw my amendment.
Lord Storey
“Adoption and special guardianship support fund review(1) Within one month of the day on which this Act is passed, the Secretary of State must conduct a review of the level of funding available per child from the adoption and special guardianship support fund.(2) The review must produce recommendations regarding any steps necessary to increase the funds available per child.(3) The review must be laid before both Houses of Parliament.”
Lord Storey (LD)
My Lords, as a local councillor in Liverpool, once a week I do what I call my “Keeping in touch”, where I go to each resident with a little form and ask them to fill out any particular concerns they have in the area: “Leave it outside your letterbox, and I’ll be back in an hour to pull it out”. I did the final household and thought, “I will finish now and go home”. The lady opened the door and said, “Everything is fine. We didn’t need to fill it out”. I said, “Oh, that’s good news. Goodbye”.
As I was walking down the path, the lady said, “Actually, there is something you could help me with.” I said, “What is it?” She said “No, I don’t think you can help me.” I said “Well, what is it?” She said, “I and my husband adopted two children when they were two-and-a-half years old. One is now 11 and the other is 12. The boy was severely traumatised as a two-and-a-half year old, so much so that he has to have regular therapy sessions. The problem is that the grant we got has been cut by nearly £2,000, and we now cannot afford the therapy sessions.” I said, “Okay, leave it with me and let me think this through.” I thought, “Well, I will put down a Written Question to the Minister.” We know how Written Questions work, do we not? Those who have been Ministers will know that, often, they try not to reveal all the facts as they happen to be.
Lord Storey (LD)
Oh, goodness, I would not suggest that for one moment of the current Minister—or the previous Minister.
My Written Question was:
“To ask His Majesty’s Government what assessment they have made of the importance of the adoption and special guardianship support fund.”
The Answer from the noble Baroness, Lady Smith of Malvern, was:
“This government fully recognises the importance of support for adoptive and kinship children and families. The Adoption and Special Guardianship Support Fund … has been a valuable part of the support landscape for ten years. This is why we have provided £50 million of funding for the ASGSF for 2025/26, alongside £8.8 million for Adoption England, to complement the range of support available in local areas.”
I did a little further research, because that seemed to tell me that everything was okay and that this family need not worry: they were not getting any cuts. Almost half the ASGSF awards last year exceeded the new £3,000 allowance, so some children will receive cuts of almost 40%. Data shows that thousands of children will now go without the therapy they need as a result of this cut. Alongside this cut has gone a separate allocation of up to £2,500 per child per year for special assessments. This has been completely removed. Match-funding support for children with an exceptional level of need has also been removed. Previously, the ASGSF provided up to 50% of the funding for up to £30,000 per child, with the rest provided by the local authority. The consequences of these changes are that any new specialist assessment must now be paid for from the £3,000. Therapy care or support must also come within this budget, regardless of need. Support that was given may no longer be given.
Change can exacerbate issues for children with attachment and trauma-related needs, who require sustained, regular support. Building trust with a therapist takes time, but continuity of care will now be harder. Children with the most complex needs now face a highly uncertain future, which may may lead to increased exclusions, due to behavioural issues that were traditionally tackled with therapy. An increase in issues such as child-to-parent violence threatens family placements further.
This family just cannot cope any more because the funding, as we have heard, has been cut. Whether that is the element from the local authority or from the Government, I do not know, and I have been unable to look into that any further. The language we sometimes use in such cases is interesting. Need for funding is now framed as demand. Such language is insensitive to children who need the funding—SEND children as well as children who have experienced significant trauma.
I do not want to talk any longer on this. Given that we had the Statement yesterday from the Chancellor and there is a bit of extra money for education, maybe a small amount of it can be used in these cases. We all know the figures on fostering and adoption. Anybody who adopts a child—never mind two children—into their family, brings them up and supports them needs all the help we can give them. I feel lucky that, because I am in your Lordships’ House, I can use the opportunity to try to help this particular family. I hope the Minister will look sympathetically on my amendment.
Lord Russell of Liverpool (CB)
My Lords, I support the amendment from the noble Lord, Lord Storey. I will also speak to the amendment in the name of the noble Lord, Lord Watson. As far as this fund is concerned, I have been involved in the All-Party Parliamentary Group on Adoption and Permanence as an officer and occasional co-chair for the past seven or eight years. I do it with somebody the Minister will know: Rachael Maskell, the MP for York Central. I was just scrolling back on the group’s website to see how many times we have had to launch a mini-inquiry into this fund and go through a process of appealing yet again to successive Governments to keep it going. In doing that, we have amassed each time a large amount of evidence to show just how much good this fund has done and how transformative it is for families who have adopted children, many of whom are expressing the medium- and long-term effects of the trauma they received in early life. This fund is a genuine lifesaver for those children.
I have kept in touch with a parliamentary assistant who works for an MP and is an adoptive parent. She has told me over the past few years about the intense challenges she and her husband have had with one of their adopted children and how, frankly, without the support of this fund, they were getting near crisis point and would have had to give up the adoption, so the child would have lost their adoptive family. It was the fund that enabled them to keep going. I stress to the Minister the disproportionate good that is done for these families by the expenditure of relatively small amounts of money, in the great scheme of things. The quality support and counselling that is required to help children with this level of trauma is not cheap. It requires extremely dedicated professionals who are very focused in this area. Working with children who have experienced trauma is as challenging for the practitioners as it is for the parents and the children.
I would hate to think that, over the next four years of this Government, we will have a repeat of what the all-party group experienced under previous Governments, of having to go through this cycle every two or three years of the Government threatening to reduce the fund and us having to go out and get evidence to explain just how important and life-changing it is—along with other groups, of course. In the end, the Government typically listen to the argument, but in each case it has been a challenge to get them to listen, so this group is an opportunity to remind the Minister just how transformative this fund is for the parents of children who have experienced trauma, as many adopted children have.
That leads me to the amendment in the name of the noble Lord, Lord Watson, to which I added my name. In terms of numbers, adoption is a relatively small part of looking after children who are unable to be with their birth parents. There are the large numbers in kinship care, which we talked about earlier this week, the large number—we wish it was larger—who are being fostered, and then the extremely large, expensive and distressing number of children who are in residential care.
Lord Watson of Invergowrie (Lab)
My Lords, I am pleased to follow the noble Lords, Lord Storey and Lord Russell. I will speak to Amendment 145 in my name. To be honest, I am pleasantly surprised that the Public Bill Office accepted the amendments in this group as being within scope, because the Bill seems to studiously avoid adoption. A search that I carried out revealed that the word “adoption” appears only four times in the Bill’s 137 pages, and three of them are as part of other legislation that is referred to.
That is disappointing because the Bill offers an opportunity to improve outcomes for adopted children, some of whom are among the most vulnerable in society, alongside measures for children in kinship care and foster care and care leavers. That is a package, or a jigsaw, all of whose parts interact, and, frankly, I do not understand why one part is virtually absent. There is overwhelming evidence that adoptees are not currently getting the support they need to provide them with an equal chance to thrive, and that is unfortunate. As the noble Lord, Lord Russell said, it is a relatively small number in the greater scheme of things, but I still do not see why adoptive families are not given the credit they deserve for the important job that they do.
The review mentioned in my amendment would consider the adequacy and effectiveness of adoption support and highlight current gaps in the system. Every year, around 4,000 children in the UK are placed in adoptive families, and government data shows that around 80% of adopted children in England last year will have suffered abuse, neglect or violence before adoption. Before being adopted, children spend an average of 15 months in care, often moving through several foster families, and many lose everything that is familiar to them along the way because of that process. Meanwhile, adoption gives children a chance to build some stability as part of a loving, safe and nurturing home. Evidence is quite clear that outcomes are better for children who are adopted than for those who grow up in residential care. The early trauma that they suffer may well be with them for the rest of their lives, and they need the support that can be provided via adoptive families.
Currently, there is a duty under the Adoption Support Services Regulations for a local authority to provide adoption services and to provide information. Often, adoptive families point out that there is a failure to provide information about the support that is available. Individual agencies, on behalf of the local authority, typically give information on their websites about the support they offer, but it does not always work out that way in practice. The support and information vary, and it has to be said that cuts to local authority budgets over the years of Tory Governments have resulted in reduced support for adoptive families, because local authorities are simply not able to provide what they want to provide.
The Adoption Support Services Regulations require updating so that they reflect the changes that have taken place in adoption over the last two decades. They have not been updated since 2005. That includes the regionalisation of adoption agencies in England. The charity Adoption UK has produced evidence that out-of-date regulations can, and in many cases do, impact on family court proceedings, and thus potentially on the time it takes for an adoption order to be made.
The agencies themselves are not Ofsted inspected, meaning there is a lack of accountability and consistency in the system. The thematic inspection of a handful of regional adoption agencies carried out by Ofsted in late 2023 highlighted some of the challenges for those agencies and partner local authorities in achieving the services that adoptees and their families require. The noble Baroness, Lady Spielman, will be aware of that; I do not know whether she wants to contribute to this debate, but she will be aware of the outcome of those inspections.
Adoption UK’s meticulously gathered evidence has consistently shown that there are gaps in support. Its adoption barometer survey, which the noble Lord, Lord Storey, referred to, reveals that the proportion of adoptive families who said they are facing severe challenges or reaching crisis point is up from 30% in 2020 to 38% in 2023.
I was going to say something about the adoption special guardianship support fund and the other amendments. I am not going to do that now, as other noble Lords have covered that perfectly adequately.
Without effective support services, adopted children are at a higher risk of returning to the care system, with a lack of ongoing support leading to placements too often breaking down. The impact of such breakdowns on the cost to the Treasury is fairly obvious. I do not think it is right that adoption should be pushed to the margins in this way, when adoptive families play such a vital role. I come back to the point I started on: it is a bit of a mystery to me why adoption is not much more prominent in this Bill.
The review that I am advocating in this amendment would consider whether the services provided by the adoption agencies and the existing regulations and guidance covering adoption are fit for purpose. I do not expect this review to be in the Bill, but I would like to think that my noble friend will consider carrying it out as an initiative of the department. As I think everyone accepts, there are gaps in the provision that need to be filled.
Lord Meston (CB)
My Lords, briefly, I support what the noble Lords, Lord Russell and Lord Watson, have said, on the basis of my experience as an adoption judge.
First, in respect of what the noble Lord, Lord Russell, said about the variability—as it has now emerged—of regional adoption agencies, I suggest that that is something the Government should be reviewing carefully. Secondly, I want to emphasise the point he made about the sheer awfulness of disrupted and failed adoptions, particularly in cases where so many hopes have been pinned on the adoption and so much trouble has apparently been made in preparing the child and the adopters.
Baroness Barran (Con)
My Lords, I am delighted to add my name to Amendment 107 in the name of the noble Lord, Lord Storey. I commend him and his colleagues in the other place, particularly the honourable Member for Twickenham, on their concerted efforts to bring attention to this important fund, which provides support to about 20,000 very vulnerable children who have suffered great trauma. The anecdote that the noble Lord gave of the family he met brought this issue to life very vividly. I also thank other noble Lords who have spoken in this short debate, all of whom have brought great experience, and in particular the noble Lord, Lord Russell, for his remarks, his expertise and the work of the APPG that he co-chairs.
I will not go into detail on the rather unusual set of announcements that the Government made about the fund, first on 1 April and then very shortly afterwards on 22 April, when it was announced that the fair access limit, or funding per child, would, as the noble Lord, Lord Storey, explained, be cut from £5,000 to £3,000 per child per year, and that the £2,500 limit for specialist assessment—which, as I understand it, was in addition to the £5,000—had been abolished. The remaining fund now has to cover both the assessment, judged by the department, I assume, to cost up to £2,500 per child, and the therapy. If we give the department the benefit of the doubt and say that the assessment cost around £1,500, then, being very generous, that leaves about six sessions of funded therapy per year, which for these children is simply insufficient. I am not suggesting that those are the real numbers; they are just my back-of-the-envelope estimates to give the Committee a sense of what is happening here.
Hence the importance of this amendment, which focuses on the per-child funding level and seeks to bring some clarity to the amounts needed. In her Written Ministerial Statement, the Minister said that the ASGF—that is a new acronym for me—
“will still enable those eligible to access a significant package of therapeutic support, tailored to meet their individual needs”.
Can the Minister give the Committee some examples of what the department considers to be a significant package of therapeutic support that could be funded from £3,000, including the assessments?
The issue of therapeutic support is, of course, broader than just this fund. On my visit to Capstone Foster Care, I learned of the difficulty of receiving funding for therapeutic work and the bureaucracy involved in retaining it. This feels so short-sighted as local authorities search for a sound placement—defined in the sector, as I understand it, as a standard placement that does not have additional therapeutic support funding attached to it—which then, perhaps predictably, breaks down and potentially needs to be substituted with a placement in a children’s home at many times the cost.
This is at a time when we hear that funding from integrated care boards for safeguarding work will be cut by around 50% and that the threshold for health involvement is simply too high to be useful. The cuts to the fund will result in a loss of adopters and special guardians, who find—as we heard very powerfully from noble Lords who spoke earlier—that without this support they simply cannot take on these responsibilities. The very late announcement has led to a backlog and will require almost half of applicants to reapply, as their original application does not meet the new threshold.
I wondered what estimate or cost-benefit analysis—and I appreciate that the human cost is far more important than the financial one—the department has done on the savings from the cuts to the fund set against the cost of potential breakdowns. If the Minister does not have those figures with her, perhaps she could write to me with them. As other noble Lords have said, this decision feels like an error, and I hope that the Minister will urge her ministerial colleagues to accept these amendments.
Baroness Smith of Malvern (Lab)
My Lords, I will speak to the amendments in group 6. This is the second group of amendments in a row where I think that, quite rightly, we in this Committee will recognise the enormously important contribution made by those people willing to take children into their homes and families as a result of adoption. As other noble Lords have said, and as I know from having spoken to people who have adopted children, it is something that can bring enormous pleasure, satisfaction and completion to some families, and is often very much wished for by families. However, because of the nature of the experiences that children have gone through and the history of some of those children, notwithstanding that a family when adopting a child take on responsibility for that child and they become part of their family, I completely understand the need for there to be ongoing support for children in those circumstances.
Without going too far into history, one of the very first pieces of legislation that I did the last time round when I was a Minister was the Bill that became the Adoption and Children Act 2002. At that point, there was still quite a lot of discussion and debate about whether it was legitimate to provide any support for children in adoptive families. Notwithstanding the concerns that have been expressed as a result of these amendments, it is the case that considerable progress has been made in understanding the nature of the challenge and the reward that comes from adoption, the types of experiences that children may well have had before going into adoption, the impact that that has on families, and the requirement to provide support on an ongoing basis for children who are adopted. I recognise that the amendments in this group cover that issue of support for adoptive and kinship children, as well as how we can ensure and review the quality of adoption support that is being provided.
This is a significant area, to which the Government are committed. Although there are some difficult elements in the amendments, I am nevertheless pleased that the noble Lord, Lord Storey, and my noble friend Lord Watson have tabled them and enabled us to talk about adoption.
I reiterate the point I previously made about fostering. The fact that something is not covered in this particular piece of legislation should not be taken as some sort of statement about the significance of that issue for this Government, or about its importance for children and families. The point of legislation is to address those areas which have shortcomings in the legislative framework. Our view, certainly at this moment in time, is that the adoption legislation framework is fit for purpose, and our focus needs to be on supporting Adoption England and regional adoption agencies to improve local practice and set national standards so that there are high-quality adoption services across the country. That needs to be the priority, rather than thinking about how and whether we need to change legislation. Adoption is a priority for this Government and will remain so. Of course, most importantly, it is a vital permanence option for some children.
On the points made about the adoption and special guardianship support fund, I note the points made by the noble Earl, Lord Russell, about the history of adoption—
Lord Russell of Liverpool (CB)
It is actually Lord Russell. I have told this to the House before, but in 1959 my grandfather and Bertrand Russell—the then Earl Russell—jointly wrote a letter to the editor of the Times that said: “Dear Sir, we would like to point out that neither of us is the other. Yours, Russell, Russell of Liverpool”.
Baroness Smith of Malvern (Lab)
I am glad to know that I am not the only person who has made that mistake. I apologise to the Chamber and to the noble Lord, Lord Russell.
The noble Lord talked about the important work done by the all-party group and part of the history of ensuring that there is sufficient focus through government activity to provide the necessary support for adoptive families. The adoption and special guardianship support fund has given valuable support to over 53,000 individual children over the 10 years that it has been in place. Many have received support for multiple years, which is a point that I will return to when talking about the criteria.
The Government have continued to support the ASGSF; we provided £50 million for 2025-26. There has been an increase in demand—some noble Lords argued it was an increase in need. Then you face a challenge, regardless of how much money is allocated, as to whether you provide more support for fewer children and families, or ensure a level of support for a larger number of children and families.
The revised funding criteria effective from April 2025 will continue to enable children to receive an excellent level of support, many at similar levels to before, and £3,000-worth of therapy remains a substantial amount of support. On the point raised by the noble Baroness, Lady Barran, about the assessment, children and families receive this support over several years and I think I am right in saying that this £3,000 would include the assessment. Perhaps the next year or the year after that, it would not be necessary to redo the assessment, and £3,000 would fund 19 to 20 hours of therapy on current average costings. As I say, there are many children and families who are receiving similar levels of support as before, although I recognise the case brought to the attention of this Committee by the noble Lord, Lord Storey, where families have seen that as a cut in the provision that they have been able to receive.
Local authorities can continue to supplement available funding locally through the mainstream children’s services budget, if assessments deem this necessary. As I have said, the revised criteria will ensure that all children can continue to receive support. It is important to recognise the significance of the contribution that this support provides, even if in some cases it does not feel as though it is enough support to respond to the considerable challenges that families are facing. For that reason, the Government recognise that recent changes to funding levels came unexpectedly, and therefore local areas had limited time to plan.
I hope I can provide some reassurance that applications under the revised criteria are now being not only received but processed as speedily as possible, so that children can receive the therapy that they need. The Government will continue to assess the implementation of adoption support arrangements, including the adoption and special guardianship support fund. We will be taking forward discussions on the delivery and management of funds in future years. Across the department, we have heard the concerns that have been expressed in the Committee this evening and, most importantly, that have come from the families affected.
The ASGSF, like other government expenditure, is subject to business planning decisions following the spending review, and these decisions will obviously need to take into account the full range of government priorities. The ASGSF is not a statutory arrangement. We believe that it should remain flexible to provide an effective service, and that it would not be helpful—as proposed in these amendments—for decisions on funding levels to be made in isolation from consideration of other budgets. However, as I say, I recognise the strength of feeling expressed today and by others outside Parliament.
Lord Russell of Liverpool (CB)
I have just checked, and I think the Minister mentioned that, with the £3,000, the average number of sessions that would be allowed is about 12.
Lord Russell of Liverpool (CB)
The range of applications for the support fund over the last few years has typically been between 20 and 50 sessions per annum, so it is right on the margin.
Baroness Smith of Malvern (Lab)
I did say that it would fund 19 to 20 hours. I also made the point that this is something that does not happen within only one year; it is something that can continue, in order to provide support.
However, I also said that I recognise the strength of feeling expressed today and by others outside Parliament. We will of course take these issues into account when making decisions about how to allocate funding from the DfE budget for future years. I hope this will assure noble Lords that we are considering these issues very carefully.
On Amendment 145 in the name of my noble friend Lord Watson, I agree with my noble friend that adoption support should be high-quality. Of course, Ofsted already reviews how well authorities are delivering adoption services and publishes reports on each authority every three years. The Secretary of State has powers under the Education and Inspections Act 2006 to require Ofsted to provide information on or conduct an inspection of any specified function of the local authority that falls within its remit, which may include adoption support services. Ofsted reports regularly on adoption support in local authorities, children’s social care inspection reports and on adoption agencies.
Lord Storey (LD)
My Lords, I thank the noble Lords, Lord Russell, Lord Watson and Lord Meston, the noble Baroness, Lady Barran, and my friend Munira Wilson in the other place for raising this issue.
The Minister is right. My father was adopted: surprisingly, he was adopted by a single woman. In those days, no support at all was given. But now we recognise the contribution that parents who adopt children give. We should be giving them all the support we possibly can, because every failed adoption is a failure for us.
On the particular case that I encountered, there was a two-and-a-half year-old boy who had been seriously traumatised—I will not tell you how he was traumatised, although I know. He had therapy and then that therapy stopped, which just seems unbelievable. He presumably will regress; I just do not know.
However, the Minister has given me some crumbs of comfort, and perhaps we can hope that, as a caring, tolerant society, we can support not just this boy but any child who is adopted and who needs that kind of therapy. I beg leave to withdraw the amendment.