Childcare Entitlements

Baroness Barran Excerpts

Wednesday 24th April 2024 Lords Chamber

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

My Lords, with the leave of the House, I shall now repeat a Statement made yesterday in another place by the Parliamentary Under-Secretary of State for Education. The Statement is as follows:

“With permission, Mr Speaker, I will make a Statement on the successful first stage of the largest ever expansion of childcare in England’s history being made by this Government.

The Government have a strong track record of supporting parents with the cost of childcare, supporting disadvantaged children and ensuring that childcare is of high quality, with 96% of early years settings rated as good or outstanding by Ofsted. In 2010 we extended the three and four year-old entitlement, commonly taken as 15 hours a week for 38 weeks of the year; in 2013 we introduced 15 hours of free early education a week for disadvantaged two year-olds; in 2017 the three and four year-old entitlement was doubled to 30 hours per week for working parents; and in March 2023, recognising that childcare is one of the biggest costs facing working families today, my right honourable friend the Chancellor announced the biggest investment in childcare by a UK Government in history, so that by September 2025 working parents will be able to access 30 hours of free childcare a week from when their children are nine months old until they start school.

By the time this expansion is complete, parents using the full 30 hours can expect to save an average of £6,900 a year, a hugely significant saving for their family finances. We are staggering the expansion to ensure that there are the staff and places available to meet parental demand, and this month marked the first stage of the rollout, with eligible working parents now able to receive 15 hours of government-funded childcare for their two year-olds for the first time. Last month my right honourable friend the Secretary of State for Education informed the House that we expected 150,000 children to benefit from the expansion from the beginning of this month. As we set out in our official statistical report, 195,355 parents were already benefiting from this on 17 April, and we have subsequently broken the 200,000 mark. We will publish further official statistical reports in due course.

As Members will know, the system involves parents applying for a code that they take to a provider to be validated in order to obtain a place. The first phase of the rollout is showing a trajectory similar to that of our previous expansion of childcare, in 2017. On 5 September 2017, 71% of codes had been validated. As of 17 April this year, 79% had been validated by providers, and we have broken 81% as of this week. With every rollout, some eligibility codes go unused for a variety of reasons, such as parents changing their minds about formal childcare, or being issued with a code automatically even though they did not need one. In the case of our well-established offer for three and four year-olds, about 12% of codes have not been validated, but as with previous rollouts, we expect the number of children benefiting from this new entitlement—and the number of codes validated—to grow in the coming weeks and months.

As was the case in 2017, no local authorities are reporting that they do not have enough places to meet demand. I pay tribute to early years providers, local authorities, membership bodies and other key stakeholders who have worked closely with us to ensure that the first phase of the rollout was successful and parents could access places, and we will continue to work closely with them for the next phases of the rollout. The first of those will begin in September, but parents will be able to start applying for 15 hours of childcare for their nine month-olds from 12 May, ready to receive these in September. I am also delighted to announce that parents on parental leave, and those who are starting a new job in September, will be able to apply for childcare places from 12 May, instead of having to wait until 31 days before their first day of work, as has been the case until now.

Delivering such a large expansion requires more staff and more childcare places. We estimate that we will need 15,000 more places and 9,000 more staff by September 2024, and that for September 2025, which will see the largest phase of the rollout, a further 70,000 places and 31,000 staff will be needed. Last year the number of childcare places increased by about 15,000, and the number of staff by about 13,000, even before the rollout began and before the significant steps that the Government are taking, beginning with rates, to increase capacity in the sector.

The Institute for Fiscal Studies has independently confirmed that funding for the new two year-old entitlement is significantly higher than average parent-paid fees. According to the Government’s provider pulse survey published last week, the largest barrier identified by the sector—by 45% of respondents—to expansion of its provision was future funding certainty, a message that I have heard clearly from the many providers I have visited in recent months. In his 2024 Budget, the Chancellor committed to ensuring that funding rates for all entitlements would increase by the measure used last year in the 2025-26 and 2026-27 financial years. That estimated £500 million of additional funding over those two years will provide a level of certainty that we are confident will help to unlock tens of millions of pounds in private sector investment, ensure that rates keep up with provider cost pressures, and give providers a greater opportunity to increase staff pay.

This year, to support recruitment to the sector, we launched a £6.5 million recruitment campaign titled “Do something BIG. Work with small children”, and thousands of people are visiting the campaign website every week to find out more about the great early years and childcare careers that are available. In January we introduced changes to the early years foundation stage to give providers greater flexibilities to attract and retain staff, and yesterday we launched a technical consultation setting out the department’s proposals for how a new experience-based route could work for early years staff who have relevant experience from other sectors but do not have the full and relevant qualifications that we require.

Due to the falling birth rate over recent years, some primary schools have space that they are no longer using, and some have closed entirely. In order to support our expansion of childcare, we have launched a pilot to explore how some of the unused school space could be repurposed to enable childcare settings to offer more places. If the pilot is a success, the Government will roll that out more widely.

Our progress in delivering this transformative expansion in early education and childcare underscores this Government’s unwavering dedication to empowering families, supporting the childcare sector, and building a prosperous future. I commend this Statement to the House”.

My Lords, that concludes the Statement.

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[Lord Storey (LD)]

My Lords, I thank the Minister for her detailed Statement. I would guess that all of us aspire to the aspirations that she espoused on childcare. The issues that we are concerned about—and they concern a number of people—are around whether this can be delivered. I listened to the Statement with great care and the words that were missing were not about numbers but about quality. I have always believed, as my party always has, that it is not just about providing childcare. It has to be quality childcare—and I did not get a sense of that in the Minister’s Statement. There are a number of issues. She mentioned pay, quite rightly, but it is about training as well.

As we have heard, the National Audit Office has raised concerns that plans to extend free nursery provision could compromise—again, that word—the quality of childcare as the sector expands to meet demand. The NAO cautioned that hiring inexperienced staff and a lower supervision ratio for two year-olds could undermine childcare quality. There are also worries about whether inspections by Ofsted would identify issues early enough. The NAO has highlighted concerns about the Department for Education’s confidence in delivering required places, with only 34% of local authorities expecting to have enough places by this September. On the other hand, the Minister has painted an extremely positive picture of rollout. It will be interesting to see who is right.

This ministerial Statement did not mention or address the up-and-coming report and findings, which have been described as utterly damning by the early years sector. The Government must address the findings of this report urgently. The report concludes that there is a risk posed by

“the lack of contingency and flexibility”

in the Government’s “fixed, ambitious timetable”. It is therefore important that clarity and reassurance is provided quickly on how they will address the report’s findings. Families across the country will struggle to plan their arrangements if certainty over the next phase of the rollout is not provided.

Only 17% of nursery managers said that they could offer the extended entitlement, due to the crisis of recruitment and retention. What will the Government do to address this recruitment and retention issue?

Finally, I was interested to hear about the campaign to use unused schools. The Government want to set up what I think they call “in-home nurseries” to create some of the 85,000 places needed. How many schools will be used in the pilot scheme that the Minister told us about? If the scheme is successful, how many schools do they think they will be able to finally use?

[Baroness Barran (Con)]

I thank both noble Lords for their questions and for sharing, as we all do across this House, the ambition for all children, as we know the importance of a great start in life.

I will start, if I may, where the noble Baroness did in relation to the National Audit Office report and her question, which was echoed by the noble Lord, about when we will respond to the National Audit Office formally. I can give the House some sense of that today but, in terms of timing, we will also be giving evidence on this subject to the Public Accounts Committee on 8 May—so our plan is to respond to both the NAO report and the Public Accounts Committee in the normal way.

On the NAO report itself, I absolutely understand why both noble Lords rightly raise its challenging aspects, but it is also worth noting some of the more positive aspects. The NAO report identifies that the programme has been fundamentally successful in the rollout so far, meeting and actually surpassing the April 2024 objective. It confirms that the trajectory and take-up of this expansion in entitlement is the same as previous expansions. It also notes that it expects that the number of places being taken up will continue to grow and notes the phased introduction of the new entitlement.

On the recommendations, the noble Baroness opposite raised the achievability of the September 2025 milestone, whether the department would be setting interim performance thresholds and how we would respond with corrective action, if needed. Of course, we continually review the deliverability of the programme. We have a local authority delivery team; we have our insight unit, which analyses the data; and we have pulse surveys, stakeholder groups and provider groups, so we are really well connected into the sector. We have set a series of milestones that cover local authority readiness, sufficiency and workforce and, by the end of June, we will set regularly spaced performance thresholds. We will use those to assess the growth of capacity places and the workforce. Of course, those can and should be updated as needed, as we get live data in.

By the end of June this year, we will agree a set of staged corrective actions, if those actions are needed. To support that, we will also use our data better. We regularly update both our supply and demand modelling, and we share that directly with local authorities. We have a set of KPIs for the programme, which we monitor regularly.

The noble Lord, Lord Storey, raised a point about the quality of staff and the risk that, with less experienced staff, the quality might suffer. We do not really accept that. Back in 2021 we made major reforms in early education, which the noble Lord will remember. These were designed to improve outcomes for all children, but particularly for disadvantaged children and children with special educational needs. In October last year we published the evaluation report of those reforms, which showed that practitioners have really benefited.

As we continue with the rollout, we will be looking at the availability and quality of places for children from disadvantaged backgrounds. Similarly, for those with special educational needs and disabilities, we will be looking at what the impact is if we see new providers and staff entering the market.

We have also commissioned and funded the children of the 2020s study, which collects longitudinal data on elements that influence cognitive and social and emotional development during early childhood. Obviously, we will share that data.

Deliverability was a key part of both noble Lords’ questions, and the workforce is a critical part of that. It is fair to say that, where we are further away from a delivery deadline, it is not unreasonable that confidence in readiness might be lower. Looking at where we were in November in our pulse survey and what providers were saying about their readiness for April, 65% of them said that they were ready. By the March survey, one month ahead of the extension, that figure had risen by 16 percentage points to 81%. That is just normal.

It is also important to note that all types of providers that took part in our pulse survey have increased their capacity in the last year by over 20% for group-based and school-based providers. The figure is rather more for childminders although, as your Lordships know, they represent a smaller part of the market. On applications, for group-based and school-based providers, the number of applicants to vacancies is now on average five to one, which is a really healthy and promising indicator for the future.

The noble Lord also talked about retention, which is clearly critical. It will be important to improve retention in order to reach our objectives. The additional funding, the visibility of funding and the ability of providers to plan will make recruitment and opportunities in this sector more attractive, but there is work to do to deliver that.

The noble Lord also asked about the number of schools. We are working in a small number of areas with those schools to build a template of what might work. We will test that and, if it is successful, roll it out.

The noble Baroness, Lady Twycross, asked about wraparound care outside formal hours. In the Spring Budget last year, we announced £289 million to support the expansion of wraparound childcare for primary school-aged children.

Finally, the noble Baroness rightly raised concerns over this programme delivering for children with special educational needs. She will remember from my remarks yesterday that we are conducting a review of how the special educational needs inclusion fund works to make sure that it is as good as it can be.

We have chosen a phased approach to make sure that we learn as we go along with the implementation of this expansion, but we are doing everything we can to make sure that it is a success.

[Baroness Andrews (Lab)]

My Lords, the Minister began by saying that this is the biggest expansion in childcare, and she is right; we share those ambitions. But it is because it is the biggest expansion we have experienced in childcare that the NAO report is so worrying.

Among the things the report says, in many different ways, is the difficulty the DfE has in getting the right data to plan properly. While I have listened to what the Minister said about how the DfE will respond, with better benchmarks and so on, I find it very difficult to know how it will do that given the quality of data. I will quote from page 33 of the report:

“Given limited engagement, DfE does not know the market’s willingness and capacity to increase places … There remain uncertainties over whether the sector can expand”.


If you take that set of uncertainties, it becomes clearer why this is the DfE’s top risk. The risks have already been enunciated by my noble friends. They include risks to places, operational infrastructure, insufficient parent demand and an unstable market. That is an extraordinary range of risks. The risk register must be glowing red. Can the Minister share the risk register with us so that we can see where the DfE sees the greatest risks coming from and what the responses will be? If she cannot do that, maybe she can explain how the risks identified are being addressed on a systematic basis.

I turn to the conclusion of the NAO report. It says that the DfE

“has assessed its confidence in meeting milestones beyond April 2024 as ‘problematic’. It must now use available data to understand when it needs to intervene”.

But, as I said, if the quality of data and access to data are so limited, how will the department do that?

The conclusion ends:

“In extending entitlements, the government’s primary aim is to encourage more parents into work. Even if DfE successfully navigates the significant uncertainties”,


which are documented throughout the report,

“it remains unclear whether the extension will achieve its primary aim, represent value for money and not negatively impact DfE’s wider priorities relating to quality and closing the disadvantaged attainment gap”.

Each of those phrases carries tremendous weight, particularly the last one about the attainment gap. How are the Government going to respond credibly to that set of very authoritative statements?

Finally, I have a general point. The NAO report is a reality check. I have every sympathy with the Minister and with the DfE in trying to deliver this, because it is a huge challenge. One of the reasons for that is that it is an object lesson in how not to make policy. The Government did not consult the providers early enough or get an understanding of what the market was like on the ground. They did not address the historical underfunding, as we discussed when we debated this last November, which was built into the system from 2013 onwards, and did not understand the lack of resilience in the sector. The Minister talked about retention and recruitment but, in fact, between 2018 and 2023 an increase of only 5% was achieved in recruitment and retention. The target for the coming years is much higher.

This is a very serious report, and it is going to demand from the department a very serious and credible reply. The real risks are the risks to parents, who want and need to be able to count on this service, and to children, who need quality provision, which they are not likely to get unless investment is properly guaranteed and targeted.

[Baroness Barran (Con)]

I have to say that I did not agree with everything that the noble Baroness asserted. To start with the risk register, it is not glowing red, but it is of course a priority risk for the department. The noble Baroness understands this extremely well from her previous experience. We are doubling the commitment in this area financially: we will spend £8 billion a year once this rollout is complete, from £4 billion today. That is a massive increase, and it is a real challenge in a market with a number of small providers and with the way in which, rightly, we work through local authorities and providers. So it would be irresponsible—and I think that the noble Baroness would be criticising the Government—if it was not a significant risk for the department. But that means that it gets a great deal of focus, and there are very detailed plans to support it.

As for consulting the sector, I slightly take exception to what the noble Baroness said. The department works very closely with the sector, providers, parents and local authorities, and it is crucial that we do, because we are committed to getting this right.

As for the willingness of providers, and the point that the noble Baroness picked from the report about our understanding of willingness and capacity, as I pointed out earlier, capacity for all types of provider rose by over 20% last year. That is very significant, as I am sure that the noble Baroness agrees. On the point about willingness, almost 40% of group-based providers, 33% of school-based providers and 42% of child minders said that they would be more likely to offer places to children under three, given this expansion. About half of them—it is slightly different, but I shall not bore the House with all the numbers—said that those would be additional places, so they would not be substituting an older child with a younger child.

Where I absolutely agree with the noble Baroness is that this is a very serious report. We take it very seriously, and we will respond in full.

[Baroness Bennett of Manor Castle (GP)]

My Lords, like every other speaker, I have read with concern the National Audit Office report, which talks about the lack of qualified staff and suitable space, which could have an impact on the quality of provision. I share the concerns about qualified staff, but we have not had much discussion about the suitable space side of the issue. The Minister may have to write to me later, but it would be interesting to know how many of these are actually new facilities, how many facilities are closing— we are still hearing reports of facilities closing—and what the comparative quality of the space of the new provision is.

One thing that I was thinking about, which is something that the Minister and I have discussed before, is access to green space. We are increasingly understanding how terribly important that is for the health and well-being of everybody, but particularly young children. What percentage of the new provision is in places that have access to space? Is expanding the number of places reducing the amount of access to green space per child? What information do the Government have about the quality of the spaces of these new provisions? That is something that the National Audit Office has brought to our attention, and it really deserves more focus.

[Baroness Barran (Con)]

On building capacity, the department has awarded £100 million to local authorities to help expand capacity. On the quality of space, as the noble Baroness knows, early years settings are regulated by Ofsted. It has very clear standards that they have to meet, and we expect them to meet them.

[Baroness Anderson of Stoke-on-Trent (Lab)]

My Lords, the NAO report suggests that many of the issues and challenges that we have heard about this evening would have been mitigated if the Government had not cancelled the £35 million pilot. I wonder whether the Minister can tell us why we cancelled the pilot and what assessment has been made for phases 2 and 3 of the scheme, having not done it.

[Baroness Barran (Con)]

The noble Baroness hits on perhaps the one thing on which we do not accept the recommendation from the National Audit Office. We made a decision not to run the pilot because we did not think that it would contribute meaningfully to readiness or provide value for money. The key decision we took was that this would be a phased rollout, so that local authorities, providers and parents all had time to adapt. We are continuing to test and review delivery on an ongoing basis; we are piloting different interventions to support workforce expansion through financial incentives in 20 local authorities. What we found from the evaluation of the 2017 rollout was that providers were willing to offer more hours, and were able to offer sufficient hours, and that there were no adverse impacts on other provision. We also found that providers were really flexible. We are very fortunate to have providers that are so focused on outcomes for parents and, of course, for their children.

Expansion of Free Childcare

Baroness Barran Excerpts

Tuesday 23rd April 2024 Lords Chamber

[Baroness Twycross]

To ask His Majesty’s Government what assessment they have made of the implementation of the expansion of free childcare hours.

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

My Lords, I can confirm that over 200,000 parents of two year-olds are now benefiting from the Government’s help with childcare costs as part of the largest ever expansion of childcare support in England. From September 2025, our full expansion will save parents up to £6,900 a year. Our investment will be over £400 million in 2024-25 alone, and by 2027-28 we expect to spend in excess of £8 billion every year on free hours and early education, doubling our current spending.

[Baroness Twycross (Lab)]

My Lords, the DfE’s own pulse survey from last week found that 45% of childcare and early years providers said that it was unlikely that they would increase the number of places they offer to under-threes as a result of the Government’s childcare expansion. The maths does not add up for providers and there is patchy provision across the country, with the sector still losing staff. Despite the confidence of the Minister and in the Statement earlier today in the other place, is this not simply a good idea that is going disastrously wrong?

--- Later in debate ---

[Baroness Barran (Con)]

We have to be careful about describing 200,000 additional children going into childcare aged two from this April as something “going disastrously wrong”. I argue that it is a huge success.

[Lord Addington (LD)]

My Lords, I know from some of the information that has come to me that it has been estimated that we are 40,000 workers down on the target to implement this fully—in a sector where about half the workers are saying that they want to leave within the next 12 months due to a lack of pay and overwork. What will the Government do to square that circle?

[Baroness Barran (Con)]

The figure of 40,000 is the increase in the workforce that we need to achieve by September 2025. That is exactly why we are having a phased introduction to this policy. Even before we increased the rates for providers last year, there was almost a 13,000 increase in the workforce, and we have a number of initiatives to build on that.

[Lord Young of Cookham (Con)]

My Lords, I very much welcome the increase in free childcare hours, but is my noble friend the Minister aware that some parents of children with special educational needs are finding it difficult to find a placement? Is she satisfied that the extra allowance attached to those children is sufficient to encourage nurseries to take them on?

[Baroness Barran (Con)]

I am grateful to my noble friend for raising that, because this can be an incredibly valuable support for children with special educational needs in their early years. We have increased the hourly funding rates and the dedicated additional SEND funding, but the department is doing a review of the SEND inclusion fund, to understand better how it is being used and whether we can improve on it.

[Baroness McIntosh of Hudnall (Lab)]

My Lords, the Minister has been asked many times about the apparent disconnection between the aspiration of this policy—which is admirable, as I have said before, and I think that most people would agree—and the ability of the sector to deliver it, and it has come up again today. If, for example, she had in her family a young person who was thinking about making a career in early years work, would she recommend them to do so? Where would she expect them to find the best career opportunities in the next three or four years?

[Baroness Barran (Con)]

First, it is more than an aspiration. My right honourable friend the Secretary of State talked about aiming for 150,000 additional children taking up the entitlement offer in April. As I said, we are at just over 200,000, and we think that that number will continue to tick up, so it is more than an aspiration. Secondly, I was genuinely having this conversation at dinner with a friend, whose granddaughter was thinking about what to do with her career. There are fantastic opportunities in early years and childcare, such as apprenticeships and bootcamps, and we are introducing a route for people with experience but perhaps not the same formal qualifications. These are for all age groups and stages, and they include men as well as women.

[Lord Laming (CB)]

My Lords, the increase in free childcare hours is a welcome development, especially for families with the least and with the greatest needs. It is a step along the way. Could the Minister assure the House that there are plans in place to extend the facilities across the country, to make sure that there is availability of these important services?

[Baroness Barran (Con)]

The noble Lord is right that one part of delivering this is to do with workforce, and we are focused on delivering that, but the other part is to do with the physical buildings and facilities, particularly for much younger children. We have supported local authorities with £100 million of capital funding and we are also testing a pilot in school and college facilities where they have spare space, to determine how that might be made suitable for childcare provision.

Children and Young People: Local Authority Care

Baroness Barran Excerpts

Thursday 18th April 2024 Lords Chamber

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

My Lords, I join other noble Lords in thanking the noble Lord, Lord Laming, for securing this important debate. As your Lordships know, when one comes into this place, people tell you about the extraordinary experts who sit in the House of Lords, and I do not think anyone epitomises that expertise in relation to children more than the noble Lord, Lord Laming, which he manages to combine with greater humility than anyone.

In preparing for this debate, I was lucky yesterday afternoon to be able to talk to our Children and Young People’s Advisory Board, made up of children and young people with care experience, and our Care Experience Forum, made up of colleagues within the department who have experience of the care system, to hear first hand about what matters to them. I hope the House will bear with me while I reflect their thoughts. Of course, they do not talk in the language of system change, which all of us can agree is needed; they talked about what mattered to them personally, about the human elements.

They were such simple but powerful things, including the value of great communication. All too often they talked about the fact that they did not know what was happening to them or their siblings, they did not feel that the approach looked at the family in the round—whether that was through a family group conference or the work that FDAC does in a more rounded way—and they did not feel that they were listened to. That was from those who were in the care system but, possibly most troubling, I also heard about a remarkable young woman who had not been taken into care and was desperately unsafe in her family. Then, there is a feeling that it all stops when you get to 16. Similarly, they talked about stability, which the noble Baroness, Lady Tyler, picked up; the numerous social workers and the need—why is it so much to ask?—for a reliable adult whom they can trust. The noble Lord, Lord Meston, also reflected on that turnover of staff.

They talked about the need for greater wraparound support for kinship arrangements. One young woman talked about her and her two siblings going into kinship care with her aunt, who was a single parent with three children of her own. Perhaps unsurprisingly, that was not sustainable, but she felt that with more support it might have been. I hope very much that our work through the Children’s Social Care: Stable Homes, Built on Love strategy shows our commitment to laying the foundations to address those very human issues as well as all the structural change that needs to happen to make that a reality.

Our strategy recognises that the number of looked-after children has increased by 23% over the last 10 years and, as a number of your Lordships noted, now totals 83,840. This rise is due to two key factors—the number of asylum-seeking children entering the system and children spending more time in care. Since 2019, if one takes unaccompanied asylum-seeking children out of the picture, the figure has gone down for non- unaccompanied asylum-seeking children, from 27,950 children going into the care system in 2019 to 25,910. None of us knows what a right number would be, but I am trying to put some of this in perspective. This is reflected in the number of children coming into the system aged 16 or over having risen sharply by 40% since 2019 to almost 9,000.

Similarly, the noble Lord, Lord Laming, and the noble Baroness, Lady Twycross, talked about the issues of children living over 20 miles from home. I thought that figure might have gone up but surprisingly, it has remained relatively stable. It was 20% for children in 2019 and 21% in 2023. However, I am not questioning for a second that we want children as close to home and to their connections as possible.

Almost all your Lordships spoke about the importance of early intervention. We know that families need support before crisis point. We know that early intervention can change the lives of families and help them to overcome challenges before they reach crisis point. We have already invested in this area. We are testing how the multidisciplinary family help teams can provide targeted support through the “families first for children” pathfinders. Overall, we have announced over £1 billion for programmes to improve early help services from birth to adulthood, including through the family hubs.

The tension that we face is whether we can go faster, as was mentioned by the noble Lord, Lord Wood, and the noble Baroness, Lady Cavendish. The noble Baroness, Lady Benjamin, also challenged in that regard. We are genuinely trying to strike a balance, checking that we get the implementation right before we scale up more rapidly. I accept that other noble Lords may have different views on that, but there are too many examples of individual pilots that have been very successful in this area and then, when they get scaled, the impact is diluted. Therefore, we need to be sure that we are building on solid foundations and understand how to deliver at scale. The noble Baroness, Lady Benjamin, asked whether I would commit to all the recommendations in the independent review. She will have seen the Government’s response setting out what we accept wholly or in part.

A number of your Lordships rightly focused on kinship care. We believe that where children cannot live with their birth parents full-time, it is best for them to live with people whom they already know, trust and love. That is why we are championing kinship care arrangements through our first kinship care strategy and the launch of a financial allowance pilot in up to eight local authorities. The right reverend Prelate the Bishop of Newcastle asked about financial support for kinship carers. Of course kinship carers are incredibly important. We talked about just over 83,000 children in the care system, and the data is not as up to date; we have estimates for 2021 of 121,000 children living in kinship care. That figure alone is greater than all other forms of care put together.

The noble Baroness, Lady Cavendish, asked about family group conferencing. We are implementing a family network pilot to trial family group decision-making in kinship care settings.

My noble friend Lord Young of Cookham picked up the issue of adoption. Adoption remains the best stable, permanent option for some children, particularly younger children, and can provide them with a loving and stable family for life. Adoption orders have increased slightly this year, for the second year running, but there has been a decline in recent years of children under five coming into care, and we know that most children who are adopted are under five. However, the main focus of our adoption strategy is to improve the speed with which children are matched with families. The number of children waiting to be matched with a new family has fallen from 2,800 in June 2019 to 2,210 in June 2023.

I turn to fostering, which was raised by the right reverend Prelate the Bishop of Southwell and Nottingham, my noble friend Lord Young and many of your Lordships. Over two-thirds of children who are in formal care are in foster care. The numbers of children in foster care again are roughly stable—55,760 in 2019 and 57,020 in 2023. We are investing £36 million to deliver a foster care recruitment and retention programme, and we are working with more than 60% of local authorities to do this. My noble friend Lord Young questioned the effectiveness of this. Our first regional recruitment support hub—Foster with North East—went live in September last year, and the second in the east Midlands in March. We have eight more regions going live this month, so it is a little early to report back on progress.

My noble friend Lord Lexden talked about the important work of the Royal National Children’s SpringBoard Foundation. We fully support its work and value it greatly.

Many of your Lordships, led by the noble Lord, Lord Laming, spoke about the importance of children’s home reform. We are committed to resolving the issues which your Lordships raised. The Government are allocating over £400 million to local authorities for children’s homes, increasing both open and secure facilities. The noble Lord, Lord Wood of Anfield, raised the issue of unregulated children’s homes; of course, it is not acceptable that unregistered provision is being used. Running an unregistered children’s home is obviously an offence and Ofsted has the powers to prosecute those involved.

We heard from your Lordships about the huge financial pressures on local authorities as a result of the use of private children’s homes. Your Lordships also referred to the review of the Competition and Markets Authority, which we have accepted; we are implementing all the recommendations to reshape the system.

Obviously, one of the impacts of shortages in that area is the placement of children far from home, so we are introducing a new regional model of regional care co-operatives. We are designing two pathfinders this year with health and justice partners, which will be supported by £5 million of funding. We will announce the successful areas later this year.

The noble Baroness, Lady Twycross, asked about funding for the workforce and whether we have a workforce strategy. We do, of course, and we have committed £50 million annually to that. The noble Baronesses, Lady Tyler and Lady Benjamin, asked when we would introduce legislation. In our reform of social care, our focus in these first two years is very much on addressing the most urgent issues.

I close by again thanking the noble Lord, Lord Laming, for initiating this debate, all your Lordships for contributing, and all those who support locally, nationally, within charities, within local authorities and in the department for their support, so that we can help deliver the change that children and young people who are or have been in care deserve and so that they can thrive.

School Inspections: Funding

Baroness Barran Excerpts

Wednesday 17th April 2024 Lords Chamber

[Lord Watson of Invergowrie]

To ask His Majesty’s Government what assessment they have made of the concerns expressed by the board of Ofsted, at its meeting on 20 September 2023, that the reliability of school inspections will be compromised if funding is further constrained.

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

My Lords, Ofsted, like all public services, is expected to operate efficiently and effectively to provide the best value for money for taxpayers and use its resources to best effect in providing high-quality inspection. Sir Martyn Oliver is very much focused on that, and I understand that he has already taken action internally to prioritise Ofsted’s resource on inspection activity. We will continue to work closely with Ofsted to ensure that it continues to deliver effectively in future.

[Lord Watson of Invergowrie (Lab)]

I thank the Minister for that response. Sir Martyn Oliver has become the new chief inspector, but the Ofsted chair, who voiced the concerns mentioned in my Question, is still in her post, so there is continuity at the top of the organisation and that concern remains. In its response to the Education Committee’s report on Ofsted last month, Ofsted highlighted that it has taken on considerably expanded roles and responsibilities and yet its funding is now some 30% lower in real terms than it was in 2010. How do the Government expect Ofsted to adequately carry out its primary responsibility of school inspections without sufficient resources? The organisation itself clearly believes that to be the case.

[Baroness Barran (Con)]

As I said in my initial response, Ofsted, like any well-run organisation, has looked at where it is spending its budget and has refocused that. The Government have given it additional funding for the uplift, particularly in school inspections, that has been expected. Obviously we work very closely with Ofsted, and I cannot comment on any future spending review.

[Lord Baker of Dorking (Con)]

My Lords, as I am responsible for 44 university technical colleges, I have received lots of Ofsted inspections, and I am glad to say that 85% resulted in good or outstanding ratings but 15% were rated as failing. I do not resent it; I do not object. Ofsted has told us what we have to do better. Any education system in the world requires an independent inspectorate. That is what Ofsted is, and it should be supported.

[Baroness Barran (Con)]

I thank my noble friend for his remarks. I agree that we have a system in this country with high autonomy in our schools. We trust our school and trust leaders to deliver for our children, but with that autonomy goes high accountability.

[Lord Addington (LD)]

My Lords, there is a principle that what gets inspected gets done. Can the Government say whether, if inspections are not done properly, we might be doing things badly? We have got to ensure that there are enough resources if we have a system of stick and carrot.

[Baroness Barran (Con)]

I take the noble Lord’s point, but there is not a lot of evidence to suggest overall that inspection is not done well. There is significant quality assurance of inspections, and, during 2022-23, an overall judgment was changed in only 0.6% of state-funded school inspections.

[Lord Hampton (CB)]

My Lords, I declare an interest in that I, like the noble Lord, Lord Baker, have been “Ofsteded”. Moving on from his question, while I feel that Ofsted’s methods and judgments need changing, because it does a vital job it is vitally important that it is valued and that the people who work for it are made to feel valued.

[Baroness Barran (Con)]

Again, I can only agree with the noble Lord. I was reflecting on the new verb that has entered the lexicon of being “Ofsteded”—we will leave that. This is important. The work that Ofsted is doing with the Big Listen, in talking to parents, teachers, school leaders and children, will, I hope, go a long way to ensure that trust and confidence is achieved—and that therefore, at the end of it, the institution and those who work for it are valued.

[Baroness Berridge (Con)]

My Lords, one of the key functions of an Ofsted inspection is to make sure that no one is employed who has a criminal record relating to harming children. Sadly, there are over 80,000 adults currently barred from working with children. When Ofsted discovers that a head teacher and senior leadership team are not doing proper employment checks, what resources are then available, either from Ofsted or elsewhere, to ensure that that senior leadership team is immediately retrained to ensure they do those vital employment checks?

[Baroness Barran (Con)]

It would be up to the trust, in relation to an academy, or the local authority to address those specific weaknesses. The department has led on the development of a framework of professional qualifications: leadership qualifications for heads, executive leaders and senior leaders. All those frameworks are clear about the role of leaders in complying with the law in relation to safeguarding and statutory guidance. As my noble friend knows very well, that statutory guidance, Keeping Children Safe in Education, is extremely clear on recruitment practices, DBS and wider appointment checks, but also on referrals back to the Disclosure and Barring Service if someone is dismissed or removed.

[Baroness Wilcox of Newport (Lab)]

Ofsted reports have seen a sevenfold increase in references to sexual assault since 2017. Mentions of safeguarding issues have doubled and mentions of sexual harassment have risen from zero to 106. How are the Government ensuring that the regulator is able to identify where safeguarding problems exist on a regular basis if further funding is constrained?

[Baroness Barran (Con)]

The fact that Ofsted is identifying more issues of this type reflects a few different things. Clearly, as in society more broadly, sadly, we do not know whether some of these issues are increasing in volume or whether we are just getting better at identifying them. For the safety of children, it is crucial that Ofsted identifies them, but it is even more important that the schools identify them, and do so early, because Ofsted inspections are periodic and children need to be safe every day.

[Baroness Garden of Frognal (LD)]

My Lords, the old HMIs used to be viewed by schools as critical friends and were welcomed. Teachers facing an Ofsted inspection now do so with dread, because they fear that they will be criticised above all else. Is there any chance that Ofsted could go back to being friendly in its inspections?

[Baroness Barran (Con)]

I think we have to be a little careful with that kind of generalisation. Like with any inspection, one may well be apprehensive or nervous ahead of it, but 90% of our schools are now good or outstanding, so the outcome for the vast majority of schools is a very good result. I remind the noble Baroness that Ofsted inspectors are almost all either former or serving teachers, head teachers and senior leaders.

[Baroness Bennett of Manor Castle (GP)]

My Lords, it is a pleasure to associate myself with the remarks of the noble Baroness, Lady Garden. I do not think that “Ofsteded” becoming a verb is cause for mirth; it is cause for great concern. I do not recognise in the comments of the Minister the statistics from the survey by the National Education Union, in which 62% of teachers said that Ofsted had affected their mental health. To quote Nick Wigmore, a primary school teacher from Rochdale:

“Ofsted turns up every four to five years to provide one-word judgements … It’s a system that doesn’t work”.


Given that there are huge problems with teacher retention and mental health issues, do the Government acknowledge that this is something they need to consider very seriously? I should declare an interest, in that it is long-term Green Party policy to abolish Ofsted.

[Baroness Barran (Con)]

I think the noble Baroness has heard from other noble Lords who are much more expert than I am of the value of Ofsted. In relation to one-word judgments, it is extremely important that parents have a simple and clear understanding—the noble Baroness rolls her eyes, but it is true. Parents value it. I commend to her the research on parent opinions about the value of Ofsted reports; they value those judgments, and it is important that parents are recognised in this.

[Lord Brooke of Alverthorpe (Lab)]

My Lords, does the Minister agree that there are certain areas in which we need more regulation within schools? I particularly draw to her attention the fact that we now have more obese children than when the Labour Government were in power, with very little review taking place of the regulations that govern school meals. When will we see any possible change in that area?

[Baroness Barran (Con)]

Sadly, in most of the developed world there are more obese children. I am not sure there is a direct correlation with who is in power. As he knows—I thank the noble Lord for taking the time to meet the other day—this is work in progress.

Schools and Colleges: Special Educational Needs

Baroness Barran Excerpts

Monday 15th April 2024 Lords Chamber

[Lord Addington (LD)]

My Lords, I beg leave to ask the Question standing in my name in the Order Paper and remind the House of my declared interests.

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

My Lords, the SEND and alternative provision improvement plan aims to create enduring and inclusive cultures in our schools and colleges, by delivering training and knowledge to improve SEND support. We are delivering teacher training frameworks for greater SEND content, a new qualification for school SENCOs, the universal services programme, national standards, teacher training bursaries for specialist SEND teachers in further education and partnerships for inclusion of neurodiversity in schools.

[Lord Addington (LD)]

I thank the Minister for that reply. However, why do we not have a strategic plan to make sure that at least the most common special educational needs—I once again remind the House of my interest in dyslexia—are embedded within schools? We do not want to go through the process of parents having to spot that their child is struggling, but for the school to come to the parents and say, “You have a special educational need”, not the other way round. It is reckoned that over half of special educational needs are not spotted at school.

[Baroness Barran (Con)]

I would say two things to the noble Lord. First, we do not need a diagnosis for a child to be able to offer them support; it is important that a child gets support as quickly as possible. Secondly, our improvement plan is exactly the strategic plan that the noble Lord refers to.

[Lord Lexden (Con)]

My Lords, is it not the case that provision for special educational needs in our country would be greatly damaged by Labour’s proposed education tax? The party says it would exempt from the VAT charge those in independent schools with education, health and care plans, but there are some 100,000 in independent schools with special educational needs who lack such plans. How on earth would the state sector cope with the large number of special needs students in independent schools who would be forced to leave them, with grave damage to their education, by Labour’s education tax? I declare my interest as president of the Independent Schools Association.

--- Later in debate ---

[Baroness Barran (Con)]

My noble friend makes a very good point. As the House knows, the Government have invested very large amounts of money in increasing capacity for special school places, rising by over 60,000 places since 2010, but the sector is still using independent schools. It would put huge pressure particularly on those children and their parents.

[Baroness Blower (Lab)]

My Lords, does the Minister accept that, notwithstanding the list she gave in response to the first Question, the underfunding in our mainstream schools system means that there are many children in mainstream schools whose needs are not being met? Does she further accept that, occasionally, those children who get plans in primary school find it difficult to find a secondary school, because secondary schools can choose not to take children with plans, thus making them undesirable to schools because they know they cannot meet their needs?

[Baroness Barran (Con)]

The national funding formula is structured, as the noble Baroness is aware, to make sure that funding is targeted towards pupils who need additional support. In 2024-25, over £4.5 billion, or about 10% of the formula, is allocated according to deprivation factors, and £7.8 billion, almost 18%, will be allocated for additional needs factors. Both those elements correlate with the prevalence of SEND.

[Baroness Bull (CB)]

My Lords, the Minister will know that there are many thousands of individual special needs teachers who go that extra mile in meeting the very individual needs of young people with special needs. What is the department doing to ensure that, where people have come up with innovative ways to address needs, learning is both retained within the institution, as in the original Question, and shared with other schools across the sector?

[Baroness Barran (Con)]

That is precisely what we are aiming to do through our practitioner standards. The noble Baroness will be aware that we are starting with the biggest areas of additional needs: speech, language and communication; autism; and mental health and well-being. We have a twin approach; we partly have academic researchers looking at the evidence base, but we are also working very closely with practitioners to make sure we capture the best practice, and then publish and share it.

[Baroness Thornhill (LD)]

My Lords, at the heart of my noble friend’s Question was surely the issue of teacher retention. Workload pressure is cited as the number one reason for teachers leaving the profession. The Government currently have a Workload Reduction Taskforce, which in January published its Initial Recommendations. One of those really surprised me; it was to fully implement and strengthen the recommendations of the two previous reviews, held in 2016 and 2018. Could the Minister assure us that the DfE and Ofsted will at some point publish a joint response on their success in fulfilling these recommendations, as they agreed at the time, or what confidence can the profession have that the recommendations of this current task force will be taken on board?

--- Later in debate ---

[Baroness Barran (Con)]

I can genuinely reassure the noble Baroness that teacher workload and teacher retention are incredibly high up our list of priorities within the department. It is a central focus of the team. In addition to workload, it is critical that we equip our teachers with the skills, experience and confidence they need to deal with what they are facing in the classroom. That is why, for example, the inclusion of much more content on special educational needs and disabilities in initial training and the early careers framework is so important.

[Baroness Twycross (Lab)]

My Lords, pupils with special educational needs are more than four times more likely to develop a mental health problem than other people. This means that one in seven young people with a mental health difficulty will also have another special educational need. Given the huge and increasing backlog for mental health support in schools, will the Minister tell us whether the Government will support Labour’s plan to place a mental health professional in every school?

[Baroness Barran (Con)]

As the noble Baroness knows, the Government have an ambitious plan in terms of the creation and development of mental health support teams in schools. We estimate that, from April 2024, those support teams will cover 4.2 million children and young people, and we think that will rise to about half of all children and young people by spring next year. The challenge, which the noble Baroness will recognise, is to make sure that the demand for mental health practitioners is balanced between the health service, schools and other parts of the economy.

[Lord Watts (Lab)]

My Lords, children with special needs are expelled from popular schools and transferred to less performing schools. What will the Minister do to make sure that that situation is addressed so that schools are not allowed to dump their children on another school?

[Baroness Barran (Con)]

We have to be very careful about talking about dumping children. I have not met a school yet that behaves like that. I want to pick up on the point made by the noble Baroness, Lady Bull. Some of the best practice I have seen is where schools are establishing small units within the school campus for children with the most disruptive behaviour and only the best teachers in the school are allowed to teach in that unit, thereby sending a strong message about how they value those children.

[Baroness Hughes of Stretford (Lab)]

My Lords, according to the Government’s recent statistics, in only 49% of cases of children who have been assessed as needing an education, health and care plan are those plans produced within the 20-week statutory limit, leaving children, families and schools in limbo because they cannot access the funding required for the support the child needs. Can the Minister say what she is doing about this?

--- Later in debate ---

[Baroness Barran (Con)]

I thank the noble Baroness for her important question, which is at the centre of parents’ concerns as they worry about getting the right support for their children. We are testing a number of measures through the change programme to try to improve the quality, consistency and timeliness of the education, health and care plan process. I asked colleagues the question that the noble Baroness is asking me, and it is too early to share the learnings, but as soon as we can, I will be delighted to do so.

Student Loan Interest Rates

Baroness Barran Excerpts

Wednesday 27th March 2024 Lords Chamber

[Lord Sikka]

To ask His Majesty’s Government what assessment they have made of the level of interest being charged on student loans.

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

My Lords, our recent reforms, implemented in August 2023, ensure that the student loan system is fairer for taxpayers and for students. New students on the new loan terms will benefit from a reduction in interest rates to the retail prices index only. This ensures that they will not repay, under those terms, more than they originally borrowed when adjusted for inflation.

[Lord Sikka (Lab)]

My Lords, unlike residents of Austria, Belgium, the Czech Republic, Denmark, Finland, France, Germany, Greece, Italy, Norway, Scotland and Spain, people living in England pay university tuition fees—a major cause of the student debt of more than £206 billion and rising. The average debt of £45,000 currently attracts a 7.7% compound interest rate and is rising. Can the Minister explain why the interest rate on student debt is higher in real terms than the equivalent interest charged on a mortgage?

[Baroness Barran (Con)]

I think the noble Lord knows the answer to his question: it is not appropriate to compare mortgages with student debt, which is unsecured and expires and does not have to be repaid in full. The noble Lord shakes his head, but he can do the maths: a mortgage is asset-backed, and one has to repay it; a student loan is not asset-backed and expires. As the noble Lord knows, under the current system, the vast majority of students do not repay it in full.

[Lord Porter of Spalding (Con)]

My Lords, I declare that I have a number of children and grandchildren who are suffering from the ridiculous regime of charging students interest at a stupid rate, when the Government could have controlled that debt book. Does my noble friend not agree that it would be far better for the youth of our country and the future of our own Government if we put that debt book back on to a public works loan board or something equivalent? The level of intergenerational unfairness in this country is outrageous, and we are fuelling it. It is ridiculous.

[Baroness Barran (Con)]

I am afraid I cannot agree with my noble friend. The debt repayment levels are dependent on income, and, as I said to the noble Lord, Lord Sikka, we expect that under the new plan 5 loans 61% of new full-time borrowers will repay their loans in full, with the balance being subsidised by the taxpayer. A recent graduate on a starting salary of £26,000 will repay £7 a month.

[Lord Addington (LD)]

My Lords, the student loan system is renowned for bad repayment rates and, as has just been mentioned, high interest rates. Would it not be the right time to get some system that the Government back and is on the government books? That is what needs to be done to get us away from the accounting procedure. It is ridiculous. I declare an interest as somebody who has a daughter who is coming up to her finals.

[Baroness Barran (Con)]

I think the noble Lord is aware that there is a cap on the interest rate, but I remind the House that interest rates do not impact on the income of borrowers. Repayments are a percentage of income above a repayment threshold, irrespective of interest rates.

[Lord Alton of Liverpool (CB)]

My Lords, on 18 March, on behalf of Hong Kong Watch, of which I am a patron, I chaired a meeting here in your Lordships’ House about the launch of a new report concerning the effect of international fees on the children of some of the 160,000 BNO passport holders who have arrived and been given such a welcome in the United Kingdom. Will the Minister undertake to speak to the right honourable Gillian Keegan, the Secretary of State, about the letter she has now received pointing out the lack of equity in charging BNO passport holders up to £50,000 each for five years if they study medicine, or £25,000 a year if they are at a Russell group university, and look instead at the Scottish model and also at the position of EU students on pre-settled and settled rates, who are able to qualify for home student fees after three years?

[Baroness Barran (Con)]

I would be delighted to talk to my right honourable friend the Secretary of State, but, as the noble Lord knows, this is a timing issue in terms of getting settled status. I appreciate that there is a lag in that happening.

[Baroness Blower (Lab)]

My Lords, what assessment have the Government made of the link between graduate debt, which inflates the debt-to-income ratio, and the inability of the younger generation to buy homes of their own?

[Baroness Barran (Con)]

I come back to my earlier answer: we have a system in which it is very clear that above a certain threshold, 9% of income goes to repaying part or all of a graduate’s debt. The overall package, obviously, in terms of affordability of mortgages and housing, is dependent on many issues, of which graduate debt is one.

[Lord Johnson of Marylebone (Con)]

My Lords, the Government’s excellent recent reforms to the student loan book have significantly improved its affordability to the taxpayer, with less than a third now expected to be written off. Given this, and given the funding crunch facing universities—which will be worsened if the Government take a hatchet to the graduate route, by the way—does my noble friend the Minister agree with me that it is time to allow universities to increase fees in line with inflation for those that can demonstrate they are delivering great outcomes for students, as assessed by the teaching excellence framework?

[Baroness Barran (Con)]

As my noble friend touched on, the Government are trying to balance, or triangulate, a number of things. One is affordability for students, hence the freeze we have had for seven years on fees. Another is addressing poor-quality provision—at the other end of the issue from the one my noble friend raises—through the new Office for Students regime. In relation to motivation, reward and recognition for the highest-performing institutions, a review of allowing indexation of fees based on the TEF is not under consideration currently, but I will say that having a high-quality teaching framework does allow for strong recruitment and research income.

[Baroness Falkner of Margravine (CB)]

My Lords, has the Minister considered the level of graduate earnings currently and the threshold she refers to? Leading on from the question from the noble Lord, Lord Johnson, in light of those two parameters, have the Government thought of increasing the level of fees so that those who go on to very high earnings can pay a proportionate amount, making it more progressive than the flat rate that now applies?

[Baroness Barran (Con)]

Of course, those who go on to much higher earnings end up repaying much more than those on lower earnings, but no additional consideration is currently being given to the suggestion from the noble Baroness.

[Baroness Twycross (Lab)]

My Lords, the Student Money Survey last September found that 18% of students had used a food bank in the 2022-23 academic year, up from 10% in 2021-22. The annual inflation rate peaked at 9.6% in the year to October 2022, yet for the 2022-23 academic year, the value of student maintenance loans for living costs rose by only 2.3%. What are the Government doing to ensure that students can focus on their studies and not worry about how they are going to feed themselves?

[Baroness Barran (Con)]

I understand why the noble Baroness raises this point, and I am aware of the concerns around affordability. We have continued to increase the maximum loans and grants for living costs each year, with the most support going to students from the lowest-income families, and benefits for lone parents and disabled students. We have made wider cost of living investments as a Government and, in addition, have made £260 million of student premium and mental health funding available for the 2023-24 academic year.

[Lord Hampton (CB)]

My Lords, as ever, I declare my interest as a teacher. Does the Minister agree with me that this is part of a wider conversation that too many students these days are being sold the dream of a degree, when they would be much better suited to the route of education within a workplace or an apprenticeship?

--- Later in debate ---

[Baroness Barran (Con)]

The noble Lord is right, and that is why we are focusing on improving both the quality and the quantity of careers advice to students at school. We are doing a lot of work through the Unit for Future Skills to predict the skills needs and gaps in the economy. At levels 4 and 5, as well as at level 6, being an undergraduate level, there are tremendous opportunities for our young people.

School Meals for Children

Baroness Barran Excerpts

Wednesday 20th March 2024 Lords Chamber

[Lord Brooke of Alverthorpe]

To ask His Majesty’s Government what assessment they have made of recent remarks by a head teacher in Southampton criticising the quality of school meals for children.

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

My Lords, I am aware of the recent remarks from a Southampton head teacher. We cannot comment on individual catering arrangements, as arrangements with particular suppliers are made at a local level. Governors and trustees are responsible for ensuring compliance with the school food standards. We encourage local authorities and schools to work with their caterers to address any quality issues when they arise, to ensure that children receive nutritious meals in school.

[Lord Brooke of Alverthorpe (Lab)]

I am grateful to the Minister for her Answer. I am grateful too to Mr Ashley for raising this issue, and to the Times and the BBC for picking up on it last week. This is a topic of great concern to all of us. One in three children now leaving primary school is overweight or obese. This, in part, links back not only to what they are eating at home but to an area where the Government have some influence and control, which is school meals. It was 2014 when the regulations were last reviewed; it is time they were looked at again. Much has changed since then. Children are eating far too much sugar these days. We need to reduce it; we need to look after their health and stop abusing them in this way. Will the Government act on that?

[Baroness Barran (Con)]

The Government believe that the school food standards are very clear. Schools must ensure that they provide children with healthy food and drink options, that they get sufficient energy and nutrition across the school day, and they clearly restrict foods that are high in fat, salt and sugar.

[The Earl of Effingham (Con)]

My Lords, in 1825 the great politician Jean Brillat-Savarin coined the phrase “You are what you eat”. It is concerning that, according to research, ultra-processed food makes up 64% of the average UK school lunch. What is the Government’s strategy to both teach and empower children to make the right food choices?

[Baroness Barran (Con)]

Cooking and nutrition are firmly within the national curriculum: in design and technology they are compulsory between key stages 1 and 3, they aim to teach children how to cook and the principles of healthy eating and nutrition. It is also picked up in the science curriculum; indeed, through the Oak National Academy, we funded a module on cooking and nutrition that will equip children leaving school to be able to cook at least six predominantly savoury recipes that will support a healthy diet.

[Lord Storey (LD)]

My Lords, is not the problem that the tendering process for school meals is based on cost and not quality? Of course, there is another side to school meals, and that is the famous packed lunch. The experience of teachers and head teachers of packed lunches is that they are mainly filled with bags of crisps, chocolate biscuits, fruit drinks et cetera—not necessarily fruit drinks but canned drinks. Has the Minister any idea how we can ensure that packed lunches as well become a healthy nutritional meal?

[Baroness Barran (Con)]

The noble Lord touches on issues relating to how parents bring up their children, which is obviously delicate territory for the Government to pronounce too firmly on. Our messaging around the risks of obesity and on healthy lifestyles more broadly is obviously picked up by parents. Our family hubs also look at things such as nutrition. On the first part of his remarks, I should say that the department centrally offers a service called Get Help Buying for Schools that supports schools to negotiate high-quality and affordable catering arrangements.

[Baroness Browning (Con)]

I am very pleased to be a member of the committee sitting in this House at the moment looking at ultra-processed foods and obesity. From its evidence sessions that are in the public domain already, the diets of children in school meals, packed lunches and the food that they eat at home should worry everyone in this House. Given what my noble friend has replied today, can I gently suggest that her civil servants please follow the evidence being taken by the House?

[Baroness Barran (Con)]

I should clarify that I did not in any way want to diminish the importance of addressing ultra-processed foods, but the school food standards already restrict foods that are described as low-quality reformed or reconstituted foods, which include ultra-processed foods.

[Lord Hampton (CB)]

My Lords, I declare an interest as someone who has eaten more school meals than I care to mention, most of them very good, and as someone who rather unwillingly teaches food at school at the moment, where we do a lot about nutrition. However, the research from Northumbria University has found that a quarter-pint of milk a day has an enormously beneficial effect on children’s confidence and concentration and against obesity. What plans do the Government have to increase the free school milk programme?

[Baroness Barran (Con)]

We know that milk is, as the noble Lord says, excellent for children’s growth and development. As part of the school food standards, lower-fat milk or lactose-reduced milk must be made available for children who want it to drink at least once a day during school hours, and it must be provided free of charge to all pupils eligible for free school meals. Schools can offer milk as many times as they wish, but it must be free to infants and benefit-based free school meal pupils when offered as part of a school meal.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, like my noble friend Lord Brooke and the noble Baroness, Lady Browning, I am a member of the Food, Diet and Obesity Committee. There are many concerning issues, one being the influence of the food industry. Can the Minister have urgent discussions with the food industry so that it fully understands the impact of high-processed foods and the need for urgent reformulation, to reduce salt and sugar in those foods and to improve the health and well-being of all our young people?

[Baroness Barran (Con)]

I am more than happy to take that back to the department, for Ministers who are directly responsible for this area to talk to the food industry. The noble Baroness will be aware that there has been some success in reducing sugar in breakfast cereals, yoghurts, fromage frais and soft drinks. However, I share her concerns.

[Lord Hamilton of Epsom (Con)]

Can my noble friend tell us what effect exercise has on the health of school- children?

[Baroness Barran (Con)]

As my noble friend hints, exercise has a very positive impact on physical health and, crucially, on mental health.

[Baroness Twycross (Lab)]

My Lords, anyone who saw the pictures in the newspaper article to which the Question refers will be fairly appalled at the quality of the food offered to the children. The head teacher concerned asked how hard it was to bake a potato. Is the real problem that children do not learn how to cook any more and therefore do not see jobs in institutional catering as a viable career? What action is the DfE taking to ensure that the skills exist to meet government guidelines that state that school food should be nutritious, look good and taste delicious?

[Baroness Barran (Con)]

I am not sure whether I have to declare my interest as the mother of a chef. I think careers in hospitality are great, but I might be slightly biased. I have already responded on where food and healthy eating fit within the curriculum. We take this very seriously. The specific case that was alluded to in the media related to a PFI contract. Obviously, that gives greater constraints on the ability of a school to negotiate with, or potentially even change, suppliers.

[The Earl of Devon (CB)]

My Lords, does the Minister agree that the best source of food for schools is locally sourced, sustainably grown produce from identifiable farms that have an educational relationship with the school through which they teach children how and where their food is made? If so, will she encourage local procurement of school food?

[Baroness Barran (Con)]

I am more than happy to encourage that. Just to take it one stage further, I encourage schools that have the space to follow the example of some schools that I have visited that have their own allotments and grow some of their own food. Some of them keep chickens, for example, and eat their own eggs for breakfast. That is also a great approach.

Free Childcare Scheme

Baroness Barran Excerpts

Wednesday 20th March 2024 Lords Chamber

[Baroness Twycross]

To ask His Majesty’s Government what assessment they have made of the availability of additional funded childcare provision, ahead of the expansion of the free childcare scheme in April.

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

My Lords, we are delivering the largest expansion of childcare in England’s history. Latest projections show that more than 150,000 new funded places will be secured by April. We expect that number to grow, collectively saving parents more than £500 million in costs. We continue to support the sector’s expansion, with £400 million of additional funding to uplift hourly rates next year and a guarantee that rates will increase in line with cost pressures for two years after that.

[Baroness Twycross (Lab)]

My Lords, on these Benches we agree with the ambition of the policy, but delivery of the expansion of the free childcare scheme is falling short. With the charity Coram Family and Childcare finding that parents in some parts of the country are spending over 50% of their income on childcare, and with children needing to be registered for nurseries before they are born, what more are the Government doing to ensure that parents and children get the expansion of free childcare that they have been promised?

[Baroness Barran (Con)]

It is slightly curious to say that delivery is falling short when the new entitlements start in April of this year. The noble Baroness knows that we have made a significant investment in capital to support local authorities. We have made a number of innovations in relation to the workforce and the uptake of the scheme has been very encouraging. Most importantly—I think the Institute for Fiscal Studies has confirmed this—we have announced very generous funding rates, particularly for younger children.

[Lord Storey (LD)]

My Lords, I think we are surprised at the confidence of the Minister, given that we have seen a 50% increase in the number of nurseries that have closed in just the last year, that 40% of nurseries say they are undecided as to whether they will deliver the new funded offer for two year-olds, and that 20% say that they will but that places will be limited. Why is the Minister so confident about this scheme? We hope she is right, but can she give us more reassurance as to why she thinks it will definitely happen?

[Baroness Barran (Con)]

The first thing I would say is that the noble Baroness and the noble Lord are right that this is a very ambitious expansion of childcare. However, the really significant increase in capacity will be in September 2025, so we have some time to put in place what is needed to deliver on that. The noble Lord talked about the number of nurseries that have closed. I know he is also aware that the childcare workforce has gone up year on year, over 2022-23, and is up by 40,000 places—I mean that the number of places has increased in the past five years by 40,000, while there has been a 1% annual decline in nought to five year-olds.

[Baroness Eaton (Con)]

My Lords, I understand that there have been reports suggesting that the pressure on childcare places will cause special needs children to be squeezed out of the provision. Could my noble friend clarify the situation?

[Baroness Barran (Con)]

We are aware of the concerns to which my noble friend refers. The House knows that we are doing a great deal to create a fairer special needs system. One of the key things here is the phased implementation of the expansion to the 30-hours offer, to make sure that we develop and continue to monitor the capacity for children with special educational needs.

[Lord Watts (Lab)]

My Lords, why does it take a crisis before the Government act? Is there no forward planning in her department to identify need and do something before it becomes a crisis?

[Baroness Barran (Con)]

Some people might recognise that the Government are making a very substantial investment in this area. We have already spent more than £20 billion over the past five years to support families with the cost of childcare, and this next step will be another major one.

[Baroness McIntosh of Hudnall (Lab)]

I really do not think that the House would wish to cast aspersions on the intention of this policy. Most people would think that it was good and worth supporting. However, can the Minister say whether there is an accurate match between the funds that will be available to the sector from the Government to support this expansion and the need that they have identified for the funds in order to do it successfully? I think she will agree that there has been some doubt as to whether those two numbers match.

[Baroness Barran (Con)]

I genuinely thank the noble Baroness for her question, because it gives me the opportunity to set out a couple of things. One might want to look at funding rates for different ages of children to see whether there is sufficient funding. The funding for three to four year-olds is almost identical in the new scheme to previous rates. For two year-olds, the Government will pay £8.28 an hour, compared to £6.07 previously, and for those between nine months and two years, £11.22, compared to £6.05. I leave the noble Baroness to draw her own conclusions.

[Lord Foulkes of Cumnock (Lab Co-op)]

Could the Minister help me? She spoke about entitlement. Could she tell me what the difference is between entitlement and delivery?

[Baroness Barran (Con)]

The Government have committed to deliver the number of childcare places needed for those who are eligible and seek to take advantage of the opportunity that the Government offer.

[Baroness O'Grady of Upper Holloway (Lab)]

Does the Minister agree that many families up and down Britain are tearing their hair out over the cost and difficulty of accessing quality affordable childcare? Clearly, delivery is crucial. Would she also agree that childcare is one part of the jigsaw puzzle, and that many working families in Britain are also worried about security of employment and predictability of working hours and income in order to be able to access childcare? What we really need is a new deal for working people that delivers that security, as well as childcare provision.

[Baroness Barran (Con)]

I know the noble Baroness is well aware of the very substantial increases that we have made in the national minimum wage. To put it in context, the 30 hours of free childcare is equivalent to just under £7,000 per child, which I think she will agree is a substantial contribution to the average family income.

[Lord Sahota (Lab)]

My Lords, one of the best things we had under Tony Blair was Sure Start; it was all over the country and children benefited. Why can we not introduce full Sure Start again, like we had 20-odd years ago, so that children up and down the country can benefit?

[Baroness Barran (Con)]

I am not sure time permits me to go into everything regarding Sure Start, but I draw the noble Lord’s attention to the family hubs that the Government are rolling out around the country. The learning that we took from Sure Start and put into the family hubs was a focus on disadvantage and the length of time for which families can get support. Sure Start was, understandably, focused on very young children, but those of us who are parents know that one might need support with one’s children at different point as they grow up. That is one of the philosophies behind the family hubs.

[Baroness Deech (CB)]

Has the Minister looked at comparative data which shows that childcare is so much more expensive and the requirements so much more stringent here than in other countries around the world? It is also the case that calculations have been done in the States to show that, if all childcare was absolutely free, it would eventually be covered by the tax returns from women and other parents who would be freed up to go back to work.

[Baroness Barran (Con)]

That is exactly what the Government are delivering, and exactly those calculations were behind the Government’s decision to make such an increase. In 2027-28, we will be spending in excess of £8 billion on free childcare hours and early education. To make sure that the noble Baroness is aware, from September 2025 there will be 30 hours of free childcare from when a child is nine months old until they start school.

Schools: Special Needs Pupils

Baroness Barran Excerpts

Tuesday 19th March 2024 Lords Chamber

[Lord Touhig]

To ask His Majesty’s Government how often they review the level of support given in schools to special needs pupils.

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

My Lords, provision is reviewed regularly through school and local area inspections. Schools must demonstrate that children with SEND achieve good outcomes in order to be judged good or outstanding. We also strengthened local area inspections in January 2023. Annually, we collect and review data on education, health and care plans, including timeliness and volumes. We have also started collecting data from local authorities on capacity in special schools, SEND units and resourced provision. We also plan to introduce new local inclusion dashboards to improve local accountability.

[Lord Touhig (Lab)]

That is most helpful indeed; I am grateful. The Children and Families Act defines a child as having special educational needs if he or she has a

“learning difficulty or disability which calls for special educational provision to be made”.

Some 69% of teachers surveyed by the Pearson school report said that our education system is ineffective in supporting these special needs pupils. They said that we need more teaching assistants, better teacher training, more resources, and most importantly, easier access to diagnostic testing. Do the Government agree?

[Baroness Barran (Con)]

The Government are acting on a number of those issues. On diagnostic testing, as the noble Lord well knows, our approach is that the child should not need a diagnosis to be eligible for support. Early identification is incredibly important, and the Government are doing a great deal to train up the early years workforce and provide more specialist educational psychologists. More broadly, the shape of special educational needs has changed a bit over the last five years, with a much greater prevalence of social, emotional and mental health needs and of children with an autism spectrum disorder, and we are working closely to address that.

[Baroness Hollins (CB)]

My Lords, 96% of education, health and care plan appeals are successful, but in less-affluent areas parents are less likely to appeal an EHCP decision, which must contribute to the current inequalities in provision. What are His Majesty’s Government doing to achieve greater equality in the support offered to all children with special educational needs?

[Baroness Barran (Con)]

The noble Baroness is right about the success of appeals, but I point out that just over 2.3% of all decisions went to appeal. Although the success rate is very high, the level of appeals is perhaps lower than the House might believe from the media. We are currently trying to test a range of measures that will mean that the quality of decisions—and, crucially, the confidence that parents can take in those decisions—is improved. That includes testing a single national education, health and care plan template and guidance, testing multiagency panels to improve the quality of and parental confidence in decision-making, and resolving disagreements quicker by strengthening mediation.

[The Lord Bishop of Worcester]

My Lords, I declare my interest as a parent who had to fight hard for an EHCP for his child. It is not only in deprived areas that it is very hard to be awarded an EHCP; it is certainly true in Worcestershire, where a large proportion of applications are turned down. As I was fighting through mediation, I was told by a health professional, “Remember, John, only pushy parents get EHCPs”, and that seemed to be the case. Does the Minister agree that this is shameful? Does she also agree with the LSE that the basic problem is that more money needs to be put into the system?

[Baroness Barran (Con)]

I tried to address some of the points that the right reverend Prelate raised in my answer to the noble Baroness, Lady Hollins. We definitely do not want a world where only pushy parents get an EHCP; we want a world where the children who need an EHCP get one. On funding, this Government have massively increased the high-needs budget; it will be worth over £10.5 billion by 2024-25, a 60% increase on 2019-20. We are also committing significant capital to expand the number of special needs places.

[Baroness Fraser of Craigmaddie (Con)]

My Lords, I declare my interest as chief executive of Cerebral Palsy Scotland. Does the Minister share my concern that, despite the significant increase in children with special needs, almost a third are people with an EHCP identifying autistic spectrum disorder as their primary need? A diagnosis in itself is not the be-all and end-all, particularly for umbrella terms such as autism or cerebral palsy. Can she reassure me that her department understands the importance of considering individual impairment levels to successfully sustain long-term improvements in participation?

[Baroness Barran (Con)]

I thank my noble friend for the work she does as chief executive of Cerebral Palsy Scotland. She raised an important point and is absolutely right. In our schools and colleges, support should be in place to address the identified need, barriers and level of impairment, as she described it, so that children and young people can not just participate but thrive in their education and preparation for adulthood. That should not be dependent on the nature of the diagnosis.

[Lord Addington (LD)]

My Lords, will the Minister comment on a meeting I had earlier today, in which representatives of different ethnic groups were saying that it is much more difficult for them to get diagnosed with dyslexia? This is because the teachers do not know how to pick out dyslexia from things such as second-language problems, and the fact that those parent groups do not know that diagnosis and assessment is for them and not just for white boys.

--- Later in debate ---

[Baroness Barran (Con)]

The noble Lord raises a very relevant point—the wider issue of how parents can be aware of how our special educational needs system works, feel confident in it and understand how to have conversations with their children’s teachers about any concerns they might have. That is why we have altered the initial teacher training and early career framework for teachers, as well as introducing a new national professional qualification for special educational needs co-ordinators. This is to make sure that schools can be really proactive with parents and give them the confidence to address their children’s concerns.

[Baroness Twycross (Lab)]

My Lords, the noble Baroness has outlined a range of measures, but the truth is that there is insufficient capacity in the system. I spoke to one parent—I do not think she would mind me referring to her as a pushy parent—who has waited for 18 months and has still not had her child assessed. Given the social and the ethnic disparities mentioned by noble Lords, is the noble Baroness 100% confident that government policy and what is on track at the moment will actually meet the growing demand?

[Baroness Barran (Con)]

The Government have made a huge amount of progress, and a very significant financial commitment working closely with those on the ground. As I said, we have announced £2.6 billion between 2022 and 2025 to fund new special educational needs and alternative provision places. Together with the new free schools we have already announced, it will add 60,000 new specialist places to the system. I know the noble Baroness will appreciate that this is a very significant increase.

[Baroness Meacher (CB)]

I have a grandson with ADHD who has had little or no support from his school throughout his education. He was sitting his A-level mocks recently. He has time blindness, among many other problems, and spent the whole exam doing one question. Can the Minister take any action to make sure that children with ADHD actually receive the support they need? ADHD makes a complete havoc of a child’s education, however bright they seem to be.

[Baroness Barran (Con)]

I am sorry to hear about the struggles of the noble Baroness’s grandson. Of course we want our schools to be well equipped to respond to a range of special educational needs and disabilities, but we also know that often those will have knock-on effects in other aspects of a child’s life. It is not just the response within the school that is crucial, but also the partnership with local health services in particular.

Gender Recognition (Approved Countries and Territories and Saving Provision) Order 2023

Baroness Barran Excerpts

Monday 18th March 2024 Lords Chamber

Moved by

[Baroness Barran]

That the draft Order laid before the House on 6 December 2023 be approved. Considered in Grand Committee on 12 March.

Motion agreed.