Initial Teacher Training Providers

Baroness Barran Excerpts

Monday 5th December 2022 Lords Chamber

[Lord Watson of Invergowrie]

To ask His Majesty’s Government, further to the Initial teacher training (ITT) market review, published on 29 September, what percentage of initial teacher training providers have not received accreditation to enable them to continue offering training courses from 2024; and what assessment they have made of the effect this will have on ensuring all regions of the country are able to offer such courses.

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

My Lords, adopting the recommendations from the Initial Teacher Training Market Review and subsequently undertaking the accreditation process to ensure that only the high-quality providers remain in the ITT market is key to achieving this Government’s aim of an excellent teacher for every child. One hundred and seventy-nine providers have been accredited to deliver ITT from 2024, covering every region in the country. We are supporting the sector to develop partnerships and expand provision to meet trainee demand in all areas.

[Lord Watson of Invergowrie (Lab)]

My Lords, despite the fact that there was no evidence that the quality of initial teacher education had a connection to the failure to reach recruitment targets, two years ago the Government introduced the review to which the Minister referred for a complete overhaul of the system. Every existing provider was forced to apply for reaccreditation, and many were unsuccessful. Despite what the Minister has just said, in Cumbria, for instance, there is no ITT provider remaining, and in other areas such as Yorkshire and the Tees Valley, there are very few—so much for levelling up. Last week, the DfE announced that it had again failed to reach its targets for primary and secondary school teacher trainee applicants—by 40% in secondary. Can the Minister say how, in those circumstances, the Government can justify cutting the number of ITT providers?

[Baroness Barran (Con)]

The Government are focused on ensuring that there is the right capacity in the market. The noble Lord is right that not all existing providers have been successful, but the Government are working with them to make sure that they can work in partnership with accredited providers to make sure that we have capacity all across the country.

[The Earl of Clancarty (CB)]

My Lords, on top of the serious concerns that the noble Lord, Lord Watson, has raised, we now have a shortage of teachers in many subjects. Does the Minister agree that we should introduce bursaries for all subjects not reaching their recruitment targets? We need the teachers as well as the courses.

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[Baroness Barran (Con)]

The Government take bursaries very seriously and we review bursaries each year. Amounts granted in 2021-22 took account of the extraordinary circumstances of Covid, but we are increasing bursaries in 2022-23 and in 2023-24 similar to the levels offered pre-pandemic.

[Lord Addington (LD)]

My Lords, if we have a problem with training people for initial teacher training then the review of special educational needs will put extra pressure on them, because they will have to be able to deal with problems that historically they are regarded as being underprepared for. What will be the result of the review?

[Baroness Barran (Con)]

I cannot prejudge, but it is only a few weeks away that we will be able to discuss the results of the review. Clearly the Government initiated the review because they take seriously issues for children with special educational needs and disabilities.

[Lord Lexden (Con)]

To what do the Government attribute their inability to meet teacher training targets? Could school-based training play a larger role?

[Baroness Barran (Con)]

My noble friend asks an important question. There is no single reason why the recruitment market is so challenging, but clearly there is a very competitive labour market. Historically, teaching has not offered the same flexibility that is now offered post-pandemic for many graduate jobs. School-based teacher training will play an extremely important part and we continue to promote the role of a teacher, with its incredibly important contribution to our children and our economy, as hard as we can.

[Baroness Chapman of Darlington (Lab)]

My Lords, data released by the DfE just last week showed that in the 2022-23 academic year there were just 444 trainee physics teachers across the whole of England. Some 400 schools in England do not have a teacher for physics A-level. The next generation of English scientists is being failed and it is catastrophic for our international competitiveness. Specifically on physics, how will the Government address this?

[Baroness Barran (Con)]

The noble Baroness is right that physics is the most challenging subject for recruitment, but I know that she would also acknowledge that mathematics, chemistry and other important STEM subjects see much more encouraging results. We are implementing specific measures for physics, including the cunningly named Engineers Teach Physics programme, which has now been extended to all ITT providers from this academic year following the pilot scheme.

[Baroness Donaghy (Lab)]

The Minister will know that I have always felt that the reaccreditation exercise was wasteful and badly timed. I cannot help thinking that a 40% shortage in secondary school ITT places is as near a crisis as we are going to get without the Government acknowledging it. New national providers are untested and there is no guarantee that they will be able to recruit. What does the Minister think will happen if some of those that appealed against being turned down for accreditation are accepted? Will the Government bear in mind the areas that are not yet covered, which my noble friend Lord Watson mentioned?

[Baroness Barran (Con)]

I obviously cannot comment on those providers that are currently appealing if they did not receive reaccreditation. There are some very strong providers among the new ones—the National Institute of Teaching and the Ambition Institute, among others—but as I mentioned in reply to an earlier question, we are focusing very much on building partnerships with those that have received accreditation and those that were unsuccessful.

[Lord Boateng (Lab)]

My Lords, I declare my interest as chancellor of the University of Greenwich. Does the Minister recognise that there are very many real concerns among universities that have been teaching and training teachers for many years about this whole process and its inadequacies? When the appeal process is completed, will she meet with a delegation of vice-chancellors and chancellors to discuss the learnings from this exercise?

[Baroness Barran (Con)]

I hear the noble Lord’s concerns. We believe that the accreditation process was thorough and fair, but I would be delighted to meet the group, as he suggests.

[Lord Naseby (Con)]

Can my noble friend clarify whether accreditation is still taking place, or just on appeal? If it is just on appeal, what help is her department giving to those organisations to make sure they come up to standard? Presumably, they have been working for years in this subject area.

[Baroness Barran (Con)]

If I understood my noble friend’s question correctly, I can tell him that there has been a reaccreditation of all providers in the field. Some providers chose not to apply to be reaccredited, some new providers applied, and the majority of both university and school-based providers were successful—80% of universities and 83% of school-based providers. We have been looking at supporting those successful organisations to work, where appropriate, with those that were not successful, to make sure that we can build those partnerships and ensure we have the capacity we need.

[Lord Storey (LD)]

With those accreditors that lost their accreditation, we are obviously going to lose their skills and subject knowledge. How can we use that effectively? Can the Minister assure us that, in certain shortage subjects—we mentioned physics—accreditors that have been the pipe stream providing those teachers are not ones that have lost their accreditation?

[Baroness Barran (Con)]

I really am sympathetic to the issues that the noble Lord raises, but our principal focus is on the quality of initial teacher training, and then of course on the whole early career framework, to support teachers in the golden thread of support and training that the noble Lord has heard me talk about many times. That is our number one focus, and we will of course make sure that there is sufficient capacity and that those skills are used in the partnerships that I have already outlined.

[Baroness Blower (Lab)]

My Lords, does the Minister agree that, although there may be a place for school-based training, the fact is that all schools are under tremendous pressure of resources, and that training teachers should strictly be the role of university schools of education rather than our schools?

[Baroness Barran (Con)]

I am afraid I cannot agree with the noble Baroness, try as I might. The evidence is clear, from listening to teachers, that practical experience in the classroom is extremely valuable and that the school-based route is extremely popular and effective.

School (Reform of Pupil Selection) Bill [HL]

Baroness Barran Excerpts

Friday 2nd December 2022 Lords Chamber

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

My Lords, I echo other noble Lords in offering my congratulations to the noble Baroness, Lady Blower, on securing a Second Reading for her Bill and in acknowledging her lifetime of commitment to children and the education system. While I understand the intention of her Bill, I must express our reservations about it.

As we have heard in the debate, it may be a truism, but selection by ability is certainly a controversial area. We know there are strongly held views both for and against selection by ability, as we have seen laid out here, in the other place and in the media. However, I am delighted to agree with the noble Lords, Lord Kennedy and Lord Austin, in saying that the Government’s mission is to raise education standards for all. As my right honourable friend the Prime Minister said earlier this week, this Government believe in opportunity. To be absolutely clear, that is our priority: to raise the standards of education for every child. We live in a land where the education landscape is diverse; we do not have a uniform system where all schools share the same characteristics. The Government believe that this is one of the key strengths of our education system.

We have heard surprisingly little mention of parents in this debate. Parents clearly like to have a choice of differing types of schools. Schools of all types—small and large, co-educational and single sex, selective and non-selective, faith and secular; there are examples in every category—are oversubscribed. As your Lordships are aware, grammar schools are also oversubscribed. As a Government, we want to support and facilitate choice for parents. We can either look to make all schools the same or we can embrace the diversity of our school system and strive to ensure that all schools are good and outstanding. Your Lordships are aware of the considerable progress that has been made by this Government in that regard, with 87% of schools now rated as good or outstanding.

Fair banding aside, this Bill would, ultimately, end all forms of selection in secondary schools, in both England and Wales, including for entry to school sixth forms. I am not aware whether that was the noble Baroness’s intention, but that is the impact of her Bill. There are 457,000 pupils in secondary sixth forms in England, where selection is commonplace. Selection for sixth-form entry helps ensure that students succeed in the courses that they enrol upon. It helps ensure that young people are choosing the courses that are right for them and where they can thrive, whether they choose to pursue an academic route or more technical route.

As your Lordships have pointed out, selection by ability for children of compulsory school age is less common than in post-16 schools. As we have heard, there are currently 163 grammar schools in England—5% of secondary schools—providing education for 188,000 children. In addition, there are 40 schools that are permitted to select a minority of their pupils by ability or by a form of aptitude selection not otherwise permitted. This right was enshrined within the School Standards and Framework Act 1998. Finally, we have schools that select 10%—and only 10%—of their intake by aptitude in prescribed subjects: the visual or performing arts, modern foreign languages or sport. All these schools are part of the choice and diversity that our education system provides. I note that this Bill would retain pupil banding.

Some 97% of grammar schools are rated as “good” or “outstanding” by Ofsted. They are popular with parents where they are located and regularly oversubscribed, just like good and outstanding comprehensive schools, including faith schools. Those grammar schools offer excellent standards of education and benefit the children who attend them. Several grammar schools share their expertise with other schools as teaching schools and are experts in stretching the most able pupils.

The majority of the 163 grammar schools now prioritise children eligible for free school meals or the pupil premium for admission. Even so, there is lots more for them to do in this space, as your Lordships have highlighted. I urge all good schools, including our existing grammar schools, to do more to increase the numbers of disadvantaged pupils—and, as my noble friend said, looked-after and previously looked-after children—who they admit, so they act as real drivers of social mobility.

The noble Lord, Lord Hunt of Kings Heath, asked for the Government’s position on the expansion of grammar schools. As I have said, the department’s priority is to concentrate on ensuring that as many children as possible, whatever their ability, have access to an outstanding education, rather than creating more grammar schools.

In reference to the points made by my noble friend Lord Cormack about the importance of good behaviour within schools, that is clearly necessary across all our schools, and I would absolutely agree that it is a foundation on which good curricula and teaching need to be built.

My noble friend Lady Berridge asked whether the taxpayer funds 11-plus exams. I suspect that she knows the answer to her question. Admissions authorities pay out of their schools’ budget, so in effect the taxpayer does pay, but I hope that the House would agree with me that it is not the role of central government to micromanage small elements of school budgets. That feels like a path we should not be going down.

In conclusion, I thank all noble Lords for their contributions to this debate. As I said, we want parents to continue to have a diverse choice of good and outstanding schools that deliver opportunities for every child. Selective schools form a small but important part of this diverse provision. While we have no plans to open new grammar schools, neither do we believe that existing and excellent schools that have, historically, been selective for a very long time should be forced to remove their selective admission arrangements and become comprehensive.

I therefore hope that my remarks give noble Lords something to reflect upon, although I am not optimistic that I will change many minds. I look forward to working with your Lordships more broadly to ensure that all children and young people in our country continue to have access to the highest-quality, and diverse, education.

[Baroness Bennett of Manor Castle (GP)]

The Minister made a major part of her contribution the assertion that parents like choice. I am not sure whether she is aware of the article this year in the Journal of Social Policy by Aveek Bhattacharya, the chief economist at the Social Market Foundation. In a comparison with Scotland, where parents generally do not have a choice of schools, he found that parents in England were less happy. They described themselves as “cynical, fatalistic and disempowered” in the situation of having choice in schools. In asserting that parents like choice, is it not simply the case that a few sharp-elbowed parents like choice and lots of other people suffer in that system?

[Baroness Barran (Con)]

I really do not think that it is helpful to be judging parents and accusing them of being sharp-elbowed. I think that every parent wants the best for their children. In relation to the Scottish education system, I point the noble Baroness to the attainment of children in Scottish schools compared with English ones.

Education System

Baroness Barran Excerpts

Wednesday 30th November 2022 Lords Chamber

[Lord Lexden]

To ask His Majesty’s Government what plans they have to improve the education system.

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

My Lords, our reforms over the last 12 years are reflected in our highest ever scores in international tests in primary maths and reading, which are the building blocks for attainment. We have set out our ambitious plans for reform of education in the schools White Paper, the Skills for Jobs White Paper and the Skills and Post-16 Education Act, and we will publish a full response to the SEND and AP Green Paper early in the new year.

[Lord Lexden (Con)]

My Lords, I remind noble Lords of the important report published by the Times Education Commission in June, which has attracted widespread support—not least in this House, as a debate last month showed. Should we not continue to bear in mind the powerful case the commission makes for the introduction of a British baccalaureate offering broader vocational and academic qualifications at the age of 18, with parity of funding for both routes? Will the Government now put such bold educational reform at the centre of their strategy, drawing on the ideas in this landmark report?

[Baroness Barran (Con)]

The Government very much welcomed the report. Our strategy is ambitious in all these areas. My noble friend will be aware that my right honourable friend the Prime Minister has challenged the department to consider how we can go further to ensure that every young person receives the benefits of a broad and ambitious education, so that every child has

“the best chance in life”

and can prepare

“to enter … a rapidly changing world.”

[Lord Blunkett (Lab)]

My Lords, the decision announced this week to reclassify further education for borrowing and investment purposes into the public sector has caused real concern. The £150 million allocated by the Government for capital spending on the back of that is very welcome, but perhaps the Minister can tell us whether that is new money, and was it not extraordinary that two weeks ago the Chancellor allocated no new money to learning and skills?

[Baroness Barran (Con)]

The department is working very closely with the further education sector to manage the transition that the noble Lord refers to. In terms of funding for skills, we are investing £3.8 billion more in further education and skills over the Parliament as a whole.

[The Earl of Clancarty (CB)]

My Lords, does the Minister agree that without both a supportive system, as the noble Lord, Lord Lexden, has mentioned, and proper funding we are in grave danger of losing those practical subjects—not just art and design, music and drama but science subjects, including chemistry—which require designated spaces and equipment but are nevertheless an essential aspect of a child’s educational experience?

[Baroness Barran (Con)]

I would be happy to discuss this further with the noble Earl, but when we look at the data on uptake of some of these practical subjects, we can see very strong growth in computer science and design and technology, particularly at A-level.

[Lord Storey (LD)]

My Lords, the Minister will be aware that for every child to have the opportunities that she talks about it is important that we identify those children with special educational needs at an early age. She will also recall the Children and Families Act 2014, which we thought was going to be ground-breaking. Yet in terms of special educational needs we see long delays, tribunals or appeals systems costing millions, and Health not engaging. Can the Minister tell us why a comprehensive post-legislative review of the Act was eight years after it received Royal Assent?

[Baroness Barran (Con)]

I am not aware of the details of the timing of the post-legislative review but I point the noble Lord to the special educational needs and disabilities and alternative provision Green Paper, which the Government published and have consulted on, in which we really strive to address many of the issues that the noble Lord has raised; namely, that we should have a trusted, non-antagonistic system that is fair and transparent that parents feel confidence in and children can flourish in.

[Lord Balfe (Con)]

My Lords—

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[Lord Pearson of Rannoch (Non-Afl)]

My Lords, I am most grateful. Can I ask the Minister whether the Government are impressed by the ideas and achievements of Katharine Birbalsingh? If so, what are they doing to see that her methods are more widely followed in our state education system?

[Baroness Barran (Con)]

Obviously, the Government appointed Katharine Birbalsingh as the social mobility tsar, so I think that perhaps answers the noble Lord’s question. More broadly, the principles she espouses of aspiration for every child are upheld by the Government and delivered in many of our schools and trusts.

[Lord Baker of Dorking (Con)]

Does the Minister recall that in the two debates we had recently on education and the curriculum in schools, every Peer who spoke said there should be more technical and cultural subjects in the curriculum next year? The Minister did not accept that at the time but now that she has had time to reflect on it and to discuss it with her colleagues, is she prepared to say that at the beginning of the school year next September all children in all schools will be taught lessons in computing, data skills, coding, cybersecurity and artificial intelligence? That is where all the jobs are and this is a programme that would help to fill job vacancies, which the Government are not doing anything about.

[Baroness Barran (Con)]

I really cannot accept what my noble friend has said about the Government not doing anything about it. As I pointed out in the recent debate, computing is part of the national curriculum. I have already alluded to the rapid growth in the adoption at A-level of computer science. My noble friend is aware of the pioneering work that we are doing in relation to T-levels, which are equipping children for the future.

[Baroness Chapman of Darlington (Lab)]

My Lords, all children need to be taught in a building that is safe, warm and dry, but in May this year leaked documents revealed that £13 billion of repairs to the school estate were needed to rectify the deteriorating condition of some sites, which present “a risk to life”. Does the Minister recognise reports that the Treasury’s failure to invest in school repairs is putting children’s lives at risk?

[Baroness Barran (Con)]

The department continues to work extremely closely with the Treasury on these matters. We have a substantial school rebuilding programme and funding for capital and condition. Any school that has urgent capital requirements can approach the department, and we are very active in supporting them.

[The Lord Bishop of Gloucester]

My Lords, the Schools Bill was partly intended to remove barriers to enable church schools to fully embrace the journey towards academisation. Given that there has been no further progress on that Bill, what plan do the Government have for introducing the legislative parts of that Bill that were broadly agreed and are needed to secure the development of all schools?

[Baroness Barran (Con)]

I will be able to update the House on the progress of the Schools Bill in due course, but I agree with the right reverend Prelate. The Government are very supportive of the faith sector, the schools within it and their wish to academise in the most constructive way possible.

[Lord Patel (CB)]

My Lords, is the Minister aware of the Law Society report calling for a greater uptake of mathematics teaching to over-16s, only 15% of whom take mathematics? The same applies to science subjects, where there is poor education for over-16s. If this country has ambitions to be a science superpower, the teaching of these subjects to over-16s is important.

[Baroness Barran (Con)]

The Government are aware of the report and are committed to developing all aspects of the STEM subjects. We are doing that particularly in areas where recruitment is difficult, through the provision of significant, £27,000 tax-free bursaries and levelling-up premiums for staff working in those areas.

[Viscount Stansgate (Lab)]

My Lords—

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[Viscount Stansgate (Lab)]

I thank the noble Baroness for that invitation. I endorse everything that the noble Lord said in the previous question. My question is: can the Minister explain to the House how the Government justify a continuing policy of charitable status for private schools, when the effect of that policy is to deny the public purse much-needed money for all the points made by my noble friend on the Front Bench?

[Baroness Barran (Con)]

I repeat what my right honourable friend the Prime Minister said earlier today when asked about this point. The Government have just put an additional £4 billion into the core schools budget over the next two years. We are absolutely focused on school standards, and that is seen through the percentage of schools that are good or outstanding, which now stands at 87%. We remain committed to opportunity, not resentment.

Young People: Skills (Youth Unemployment Committee Report)

Baroness Barran Excerpts

Wednesday 23rd November 2022 Grand Committee

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

My Lords, the Government welcome the report Skills for Every Young Person and I thank the noble Lord, Lord Shipley, for securing this debate and for his skilful and inclusive chairing, as has been referred to several times. I thank all members of the committee who contributed to the report and all noble Lords who have spoken today with such clarity. I was also pleased to see that the Government’s successes were recognised in the report, such as the establishment of careers hubs and the decreased rate of those not in education, employment or training for 16 to 18 year-olds in particular, which is currently one of the lowest on record at 6.4%.

As the report acknowledges, young people were some of the hardest hit by the pandemic, but I am pleased to say that through the historic levels of support, which your Lordships have acknowledged tonight, provided through the Government’s plan for jobs package, including programmes focusing on young people, we have seen a strong recovery.

A number of the report’s recommendations and of the comments from your Lordships tonight relate to school curriculums, so I will begin there. Every state-funded school must offer an ambitious curriculum that must be balanced and broadly based, promote the spiritual, moral, cultural, mental and physical development of pupils and prepare them for wide-ranging experiences of life. I did not recognise some of the descriptions of the curriculum that your Lordships shared tonight. The curriculum currently encompasses both knowledge and skills, and the published programmes of study for national curriculum subjects demonstrate how knowledge and skills are intertwined. A very large body of evidence shows that fluency of knowledge acts as the building block for the development of skills.

Yours Lordships’ report recommends embedding digital skills within the national curriculum, so it might be worth mentioning here that that computing is a statutory subject within the national curriculum across key stages 1 to 4. There was a 16% increase in the number of students taking computer science in 2022. It was the second-fastest growth rate in STEM subjects after design and technology so, with respect, I do not recognise the description by my noble friend that there has been no innovation since the Edwardian curriculum. I am not aware of Edwardians studying computer science or design and technology.

The noble Lord, Lord Shipley, questioned whether design and technology is seen as important as other subjects on the curriculum. As the noble Lord knows, all state-maintained schools must teach DT to pupils between the ages of five and 14, that is in key stages 1 to 3. There is also a statutory entitlement for every pupil in key stage 4 to take DT if they want to, and the new Ofsted inspection arrangements place renewed focus on that broad, balanced and ambitious curriculum. We are also working very closely with a number of organisations, including the James Dyson Foundation, the Design and Technology Association and the Royal Academy of Engineering, to make sure that the curriculum is up to date and gives the knowledge and skills that employers want.

I turn to careers guidance, which was highlighted by the noble Lords, Lord Watson of Invergowrie, Lord Aberdare and Lord Shipley, as well as other noble Lords. We know that there is huge value in good careers guidance in terms of nurturing aspiration and ambition, and your Lordships rightly focused on the Gatsby benchmarks in your report. To give one example of their impact, evidence suggests that the proportion of post-16 students who are not in employment, education or training fell by 20.1% in the most disadvantaged quarter of schools since they adopted the benchmarks, and 90% of schools and colleges are currently part of a careers hub, which is accelerating the quality of careers provision. We are seeing rapid improvements in hubs and disadvantaged areas are among the best performers.

The noble Baroness, Lady Wilcox, and the noble Lords, Lord Watson and Lord Storey, raised the important subject of careers education in primary school. We recognise the value of supporting primary schools to help children explore the world of work, and careers provision is embedded in the key stage 2 citizenship curriculum. Thanks to the Careers and Enterprise Company, we have also provided all primary schools with resources to help pupils explore the world of work and, as the noble Lords who joined me in debating the skills Bill will remember, we have allocated £2.6 million over the current spending review period to bring new programmes to support careers education in primary schools in the 55 education investment areas.

The noble Lords, Lord Shipley and Lord Aberdare, talked about a duty for young people to receive work experience. We absolutely agree about the importance of work experience, as is very visible in the whole approach we have taken to T-levels. A lot of work is going on in this area. There are now 400 cornerstone employers bringing together business effort and engagement with local schools and colleges and increasing the number of employer encounters for young people. We have more than 3,500 business professionals working as enterprise advisers with schools and colleges to develop their career strategies and plans for engaging with employers. If I may, I will write to the noble Lord, Lord Watson, on the Gatsby benchmarks and go through the numbers. I fear I may be writing a long letter at the end of this debate, as I fear I will not have a chance to do justice to all the points raised.

The noble Lords, Lord Knight and Lord Addington, made a really important point about the need for a culture change. The Government can do their bit but, as the noble Lord, Lord Addington, said, parents and employers also need to play a part. We continue with our ambition to achieve equality of esteem between academic and technical routes. That will depend on the quality of the offer and on breaking down barriers between further and higher education.

The report made a number of references to bringing funding for further education more in line with that for higher education, so I hope noble Lords will be encouraged that from 2023-24 higher technical qualification student finance will be brought on a par with degrees. This is just one step, along with the lifelong loan entitlement and other reforms this Government are bringing in.

The noble Baroness, Lady Wilcox, described a top-down, soviet model of policy in this area. I think she referred to local skills improvement partnerships. I hope she will acknowledge that they are an important positive devolution of responsibility in making sure that we get the best possible interface with local areas.

As a Government, we are delighted that T-levels got off to a great start with the first cohort of students completing their courses this year with an impressive 92% pass rate. Your Lordships will be aware that every T-level includes important modules on digital skills. On the T-level transition programme, we are very clear that we need to support young people who might need a bit more help to access the programme and to ensure that that ladder of opportunity leads to higher technical qualifications.

The noble Baroness, Lady Wilcox, talked about what Labour would do in terms of a range of short courses and flexible options. I thought it sounded remarkably similar to the short courses and flexible options that we have been providing. The noble Viscount, Lord Waverley, and the noble Lord, Lord Knight, touched on this. We have skills boot camps delivering flexible training for new skills in green construction, renewable energy, protection of natural resources and the transport sector, including, I hope the noble Viscount will be pleased to hear, £34 million so that 11,000 adults have been able to train as HGV drivers to meet some of the gaps there. In terms of green transport skills, I was sorry to hear about the noble Lord’s visit; I went to see a college recently which was very much focused on electric vehicles, so maybe this is just in transition.

Obviously, apprenticeships need no introduction to the House. The report made several recommendations for widening the support for apprentices under the age of 25. Currently, 53% of apprenticeship starts are by young people under this age—I was not sure that I recognised the figures that the noble Lord, Lord Watson, cited. But we want to support even more young people to realise the benefits of apprenticeships; several references were made in the debate to my right honourable friend the Secretary of State and her remarkable career starting as an apprentice. Noble Lords will also recognise the voice of my honourable friend the Minister for Skills, who formerly was chair of the Education Select Committee and has been a passionate advocate in this area. So there is no lack of enthusiasm in the department.

One of our measures is a new career starter apprenticeship campaign. We are trying to showcase apprenticeships suitable for those leaving full-time education. We know, too, that there is huge demand for degree-level apprenticeships; we are seeing year-on-year growth of apprenticeships at levels 6 and 7, and we are enabling higher education institutions to grow their delivery through the strategic priorities grant.

The noble Lords, Lord Shipley and Lord Storey, made the valid point about the apprenticeship completion rate, which we are very focused on. We are aiming to reach a 67% achievement rate on apprenticeship standards by the end of the 2024-25 academic year, and we have a programme of actions to make that a reality in terms of investing in a new development programme for the provider workforce, offering targeted support for employees and ensuring that apprentices get the best information, support and advice before and during the programme. I think that the noble Lord, Lord Shipley, cited the main reason. How many times can I hit this microphone? It is every time I turn the page. I apologise to your Lordships.

The noble Lord, Lord Watson, suggested that levy funds should be ring-fenced for young people and the noble Lord, Lord Aberdare, made the case for the need to keep upskilling and reskilling our existing workforce. Clearly, our ambition is to offer opportunities in both areas.

I thank the noble Lord, Lord Shipley, for recognising the work that we have done on the Unit for Future Skills. I remember arriving in the department on almost my first day, sitting down with the Skills Minister and asking for the data on how we join this up—so I am personally delighted to see that we have taken this area forward. The unit is very ambitious about improving the quality and availability of data on skills and jobs, and we are making fantastic progress on that already.

I turn to green skills and I hope that the daughter of the noble Lord, Lord Knight, will have an amazing career ahead of her—I am sure she will. I was very lucky to attend the COP 27 summit, really making the case for the importance of education in our sustainability agenda. We are working domestically but also, importantly, internationally, on the whole green skills agenda. Clearly, there will be global competition for green skills. We will deliver the first ever international green skills conference next year, and we are working with the further and higher education sectors, and with young people. We have been fantastically supported by the young people’s panel, industry and policymakers to deliver a conference that will really showcase the best of green skills learning and training opportunities and highlight green career paths and enhanced international partnerships. We have a very ambitious strategy on this in the department and, of course, many of our T-levels and other qualifications will underpin skills in this sector. I genuinely believe—not just for the daughter of the noble Lord, Lord Knight, but for all young people—that the scale of opportunity in an area that young people care so passionately about is really fantastic, so I hope that young people will leave equipped with the skills that they need and also with the hope that they can use them.

The noble Lord, Lord Storey, questioned the impact of the Kickstart scheme. Since the launch in September 2020, over 160,000 Kickstart jobs were started by young people. Now that the scheme has closed, we are evaluating and learning from it. We built on Kickstart’s success to influence the Way to Work campaign, where we helped over 500,000 job-ready claimants, including young people, into work between January and June this year. The campaign provides claimants with more time with their work coaches and more nurtured connections with local employers to improve their employability. Through the Youth Offer, we are helping thousands of eligible 16 to 24 year-olds from all backgrounds to overcome the barriers and find work. It offers individually tailored work coach support.

The noble Lord asked about the qualifications of work coaches, who are part of the workforce. They are offered a tailored learning and development programme, so they have skills and knowledge, but also technical knowledge of the benefits to coaching, and they are encouraged to signpost customers who would benefit from expert careers advice to the National Careers Service.

[Lord Storey (LD)]

I presume that is not a formal qualification but an in-house requirement.

[Baroness Barran (Con)]

That is correct. That is not to say that some of them do not have formal qualifications, but they receive additional support.

The noble Baroness, Lady Uddin, highlighted some powerful examples of children from minority communities, particularly in Tower Hamlets, and the barriers they face. I do not have the detailed data on the boroughs that she referred to, but 24% of those currently engaged in further education and skills education come from diverse backgrounds. We have an apprenticeship diversity champions network, which promotes diversity to employers and encourages people from BAME communities to consider apprenticeships. We have seen a significant rise in apprenticeship starts from those communities, and of course the noble Baroness will be aware that there has been a significant rise since 2010 in the number of 18 year-olds from ethnic minority backgrounds going to university, from 32% to 50%.

A number of noble Lords asked about funding for further education and skills in the recent Autumn Statement. I remind your Lordships that the Government have introduced major structural reforms, investing £3.8 billion in skills over the life of this Parliament.

In closing, we are rightly proud of our successes, and we absolutely recognise that some young people continue to face additional barriers to employment, including those from ethnic minority communities and those with special educational needs and disabilities. The reforms and measures I have outlined are about every young person fulfilling their potential, as well as equipping young people for the future workforce. They aim to give young people the opportunity to progress, whatever their choices and wherever they live. They are about better prospects for disadvantaged young people, because we share the commitment in your Lordships’ report that no young person should be left behind.

Child Hunger in Schools

Baroness Barran Excerpts

Tuesday 22nd November 2022 Lords Chamber

[Baroness Lister of Burtersett]

To ask His Majesty’s Government what steps they are taking in response to research on increased child hunger in schools, including that published by Chefs in Schools on 18 October, which found that 83 per cent of primary school teachers said that children were coming to school hungry.

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

My Lords, I thank Chefs in Schools for commissioning this survey. Under the benefits-related criteria, the Government provide a free healthy meal in term time to around 1.9 million children. Eligibility has been extended several times, and to more groups of children than under any other Government over the past half century. This has included the introduction of universal infant free school meals and further education free meals. We continue to keep eligibility under review.

[Baroness Lister of Burtersett (Lab)]

My Lords, when so many teachers are reporting children coming to school hungry, with heartbreaking accounts of hungry children in tears or even stealing food because their parents cannot afford enough food, something is going very wrong, despite what the Minister said. Does she accept the evidence that hunger adversely affects children’s ability to learn and their health and well-being? Given all the evidence, why do the Government reject the growing calls for free school meals to be extended to the 800,000 children in families on universal credit who do not qualify? At the very least, why do they not inflation-proof the net earnings eligibility limit of £7,400, set in 2018?

[Baroness Barran (Con)]

Well, of course the Government accept that, if children are hungry, it makes it harder for them to learn. But I point out that the survey looked at a relatively small number of teachers—around 520—while there are 250,000 primary school teachers in our schools. To reiterate my first Answer, the number of children receiving free school meals is the highest that it has ever been, and the Government’s strategy has been to support the disadvantaged in this cost of living crisis. There are ways of doing that; the noble Baroness is familiar with the energy support package and other measures that we have taken so that no child should have to go hungry.

[Baroness Armstrong of Hill Top (Lab)]

My Lords, has the Minister noticed the appalling rise in the number of children who are now below the poverty line in the north-east of England? Up until 2010, there was a decrease in the number of children who were in that category in the north-east, but the number has risen more than in any other region and is now the highest in the country. This is shocking and of course affects their school performance and future prospects. Along with going hungry, that is something no Government should accept. What will the Government do about it?

[Baroness Barran (Con)]

Since day 1, the Government have been clear that our absolute priority is levelling up opportunity across the country, including, of course and importantly, in the north-east. I understand the noble Baroness’s concerns, which are shared by my ministerial colleagues. But I point her to the £12 billion in direct support that we are targeting to the most vulnerable families in 2023-24.

[Lord Bird (CB)]

The point that more people now have school dinners is actually wrong because, when I was a young boy in the 1950s and 1960s, we had free school dinners, olive oil capsules and milk—all the things that children need now. So could the Minister consider going back to those old days?

[Baroness Barran (Con)]

The noble Lord reminds a number of us of our schooldays, although I cannot remember the olive oil capsules—anyway, they sound very healthy. More seriously, the Government are thinking about this, not only in term time but in the holidays with our holiday activities and food programme, making sure that the children who need it most get the support that they need.

[Lord McLoughlin (Con)]

Can my noble friend the Minister—not wanting to go back to the 1960s, when people were given free school meals, but looking to the future—say how schools have expanded the breakfast clubs that are available? Can she also say a little more about this survey? Did I hear correctly that she said it was based on 500 teachers out of about 200,000?

[Baroness Barran (Con)]

We genuinely welcome every bit of research that helps us understand the issues that families are facing. As my noble friend picked up on, I was making the point that, in this case, the survey sample was just over 500 teachers in primary schools—and, overall, we have about a quarter of a million of them. In relation to breakfast clubs, we have invested £24 million over the last two years in supporting school breakfast provision. That again is targeted absolutely at the most disadvantaged children, making sure that it reaches those who need it.

[Lord Newby (LD)]

My Lords, the Minister said in answer to an earlier question that no child should have to go hungry. I am sure that the whole House agrees with that, but the truth is that, every day, tens of thousands of children go hungry because they come from poor households but are not eligible for free school meals. Unless eligibility is extended to children from families in receipt of universal credit, there is no way that, in many cases, children will be going to school without being hungry. Would the Minister accept that that is the truth and use it for the basis of future policy development?

[Baroness Barran (Con)]

I will say two things in response. First, of course we will keep the policy under review. But I am sure that the noble Lord would accept that you cannot take funding for free school meals separately from other elements of support for vulnerable families. Secondly, the point that I have been making is that the support for those families, under this Government, has been targeted and extensive.

[Baroness Wilcox of Newport (Lab)]

My Lords, the food strategy of just this year said that it hoped it would spark a school food revolution. This has not happened. The Chefs in Schools report makes for stark reading and includes shocking revelations about the sheer scale of child hunger. When will the UK Government follow the Welsh Labour Government’s lead in providing breakfast clubs and investing in all our children?

[Baroness Barran (Con)]

I have already referred to the point about breakfast clubs. The Government are already investing in breakfast clubs and we remain open to new evidence, but our focus is on the most vulnerable.

[Lord Laming (CB)]

The Minister well understands that the children who are hungry at school may well have other vulnerabilities, and therefore the one point of contact between the child and the state is their school. Could the Minister continue to do all that she is doing—I know she is doing a lot—to make sure that schools are aware of looking at the whole child and not just thinking about academic subjects, important though they are?

[Baroness Barran (Con)]

The noble Lord, as ever, makes an important point. We really are looking at that closely, not just in a school setting but, as importantly, in relation to early years and nursery settings. He will be aware that, post Covid, many children are arriving at school who are not school-ready in the way that we expected, and we are looking at that.

[Baroness McIntosh of Pickering (Con)]

My Lords, locally sourced food could be served in schools and other local authority institutions such as prisons and hospitals. If 50% of all the food served in school meals was locally sourced, would this not reduce the cost of production?

[Baroness Barran (Con)]

I am more than happy to take that back to the department to look at. We are very focused on the standard of school food and supporting schools to give children a truly nutritious lunch each day.

--- Later in debate ---

[Lord Storey (LD)]

My Lords, of course no child should go starving. Would the Minister not consider extending the coalition’s policy of giving free school meals to all key stage 1 children to key stage 2, and at secondary school—key stage 3—ensure that every pupil whose parents are on universal credit gets a free school meal?

[Baroness Barran (Con)]

I think I have tried to answer that question in a couple of ways. It comes down to: should the Government be funding a number of separate things to support parents or should the Government be putting money in the hands of parents so that they can make the choices that are right for their families? This Government believe in the latter.

European University Institute (EU Exit) Regulations 2022

Baroness Barran Excerpts

Tuesday 15th November 2022 Lords Chamber

Moved by

[Baroness Barran]

That the draft Regulations laid before the House on 17 October be approved.

Relevant document: 16th Report from the Secondary Legislation Scrutiny Committee

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

My Lords, I thank the Joint Committee on Statutory Instruments and the Secondary Legislation Scrutiny Committee for considering this draft legislation.

The primary purpose of this statutory instrument is to reflect in domestic law the fact that the UK is no longer a member of the European University Institute convention since the UK left the European Union. It does so by ensuring that no rights, powers, liabilities, obligations, restrictions, remedies and procedures that derive from the European University Institute convention are retained on the UK statute book through the provisions of the European Union (Withdrawal) Act 2018. The exception to this is where their retention is appropriate or supports a period of reasonable adjustment for staff. Where rights are saved relating to the legal proceedings immunity and an income tax privilege for UK-linked institute staff, this instrument will establish the circumstances after which they no longer apply.

The European University Institute in Florence is an international centre for postgraduate and postdoctoral studies and research with a European focus. It was established by an international convention in 1972, which the UK signed in 1975. The convention states that accession to the convention is restricted to EU member states. When the UK ceased to be one, our formal membership of the institute also ended.

While the UK’s membership of the convention ceased on EU exit, we put in place an extension of the previous arrangements beyond the end of the transition period until 31 December 2022. This was to ensure that UK staff and students at the institute could continue in their posts and with their studies while we considered options for a future relationship with the institute.

After a series of constructive and detailed negotiations between the UK and the institute that has taken place over 18 months, it has not been possible to conclude an agreement to define future UK engagement at this time. Our focus now is on confirming the status of UK-linked staff and UK-funded students at the institute as soon as possible. The UK will take appropriate measures to allow current students to continue their studies at the institute. We will continue to pay the grants we have committed to for students who have started courses already.

The Government value the work of the European University Institute and the long and close collaboration we have shared. Many talented UK students have studied for PhDs at the institute, with financial support from the UK Government, and it is an important forum for collaboration on education and research. I reassure noble Lords that the UK remains committed to strong research collaboration with our European partners. We continue to work together constructively with the institute to reach an agreed settlement that provides for current staff and students. Once that is concluded, we look forward to returning to the question of our future relationship with the institute.

With this instrument, we are taking steps to provide for legal certainty by revoking the retained EU law relating to the convention either where it no longer has any practical application following the UK leaving the EU, and is therefore redundant, or where it is no longer appropriate for it to be retained. This statutory instrument has no bearing on the UK’s membership of the institute. Its purpose is simply to ensure that no provisions remain in UK law except as appropriate or to provide a period of reasonable adjustment for staff. I beg to move.

[Baroness Coussins (CB)]

My Lords, I completely understand the need for this statutory instrument, given that it has not proved possible to negotiate a formal post-Brexit relationship between the UK and the European University Institute—although it is very welcome that appointments to academic posts at the EUI will remain nationality blind. I also understand that this SI is unamendable, which is regrettable because I would like to flag up one specific concern and ask the Minister whether there is any way in which she is able and willing to follow it up.

The problem arises that academic staff are generally employed at the EUI on one or other form of rolling contract. As the SI is currently phrased, the staff concerned would lose the exemption from UK tax liability as and when they renew their employment contracts. In other words, it is a serious change to their terms and conditions. This would also produce some inequities between academic staff. Some of them would lose the exemption at the end of this calendar year, whereas others on renewed or extended contracts in different circumstances would enjoy that exemption for up to five years.

--- Later in debate ---

[Baroness Chapman of Darlington (Lab)]

We regret that we have had to get to this stage, but we understand why the Government are bringing forward this measure today. Could the Minister perhaps update us on where we are with the Brexit freedoms Bill? It strikes me that this is the sort of thing that we are actually managing to deal with as and when it comes up, whereas the Government, at one point, had an intention to introduce a single piece of legislation. However, that all seems to have gone a bit quiet. It was a mad idea, but perhaps the Minister could write to us—if she cannot respond today—on how the Government will proceed. Doing it this way, although not perfect, at least has the benefit of the Government being able to consider each measure as we go, and it allows other Members of this House and another place to assist the Government in their deliberations.

I listened carefully to the Minister’s introduction to the SI. Can she make it clear whether the Government have failed to negotiate our continued involvement, or decided that that is not something they want? Intriguingly, she said that we might return to this, so may I press her to be explicit about the Government’s intention? Is it their policy objective to re-establish the previous arrangements?

I echo what the noble Baroness, Lady Coussins, said about the 35 members of staff. How long is the adjustment period to be? I agree with those who have said that, although this is a small number of people, we have responsibilities to them.

[Baroness Barran (Con)]

I thank all noble Lords for their contributions to this debate, and I shall endeavour to respond to the issues that have been raised. The noble Baronesses, Lady Coussins, Lady Garden and Lady O’Neill, all asked whether there was an option to replace “does not include” with “includes” in Regulation 7. I understand their concerns in that regard.

While the UK’s membership of the European University Institute convention ceased on EU exit, we put in place an extension of the previous arrangements with the EUI beyond the end of the transition period, until 31 December this year. This was to protect the status of UK-linked staff and students at the EUI, so that they could continue in their posts and with their studies while we considered options for a future relationship with the institute.

The Government’s long-standing policy is to grant privileges and immunities only when there is a demonstrated and robust functional need for the running of the institution, and never solely for personal benefit. In this case, in the absence of a negotiated international treaty compelling the Government to do so, we are unable to continue to grant privileges and immunities to EUI staff and students, including the UK-linked ones. The saving of the income tax privilege and the legal proceedings immunity for current staff is as considered appropriate and/or intended to give a reasonable period for those staff at the EUI to adjust, and they will be saved in relation to the current term of their employment contract, without extension. While we appreciate that some individuals may not have as long a period to adjust as others, the policy represented by this statutory instrument compares favourably with other situations where privileges and immunities have been removed. In such cases, a standard adjustment period of 30 days is usually afforded, regardless of the individual’s employment situation.

The noble Baroness, Lady Chapman of Darlington, asked me some broader questions about our position on keeping the conversation open—if I can frame it like that—regarding the EUI. As she knows, and as I said in my opening remarks, we have negotiated in good faith and constructively, and hope that we will be in a position to have further constructive conversations in future. I will need, as the noble Baroness kindly suggested, to write to her in relation to the Brexit freedoms Bill.

I know that your Lordships have a keen interest in the UK’s relationship with the EUI, and the UK remains open to exploring other opportunities for collaboration with the institute in future. I am sure that your Lordships will agree that it is important to have a tidy and coherent statute book following our exit from the EU. I beg to move.

Motion agreed.

Social Workers (Amendment and Transitional Provision) Regulations 2022

Baroness Barran Excerpts

Tuesday 15th November 2022 Lords Chamber

Moved by

[Baroness Barran]

That the draft Regulations laid before the House on 17 October be approved.

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

My Lords, I am pleased to introduce this instrument, which was laid before both Houses on 17 October. It seeks to make several small yet important changes to the Social Work England regulatory framework. As noble Lords will be aware, Social Work England is a relatively young regulator, taking over the regulation of social workers in England from the Health & Care Professions Council only in December 2019 as part of wider reforms to improve confidence in social work and raise the status of the profession.

Social Work England currently maintains the register of approximately 100,000 qualified and practising social workers in England. This includes those working in both child and adult services, whether they are employed by local authorities, the NHS or the independent sector. The Social Workers Regulations 2018 set out the detail of Social Work England’s regulatory framework, covering registration of professionals, education standards, professional standards and the fitness to practise regime for registered social workers. The Government are committed to doing all we can to maintain a strong and consistently effective social work profession that is well trained and properly supported to transform the lives of the most vulnerable. Having operated under the new framework since December 2019, the Department for Education and Social Work England identified several small changes which could be made to the 2018 regulations to improve operational efficiency and to support the regulator in delivering effective public protection better.

I now turn to the regulations themselves, and again, I am grateful to the Joint Committee on Statutory Instruments and the Secondary Legislation Scrutiny Committee for their consideration of them. These regulations predominantly make technical changes to Social Work England’s fitness to practise processes and procedures. They also make improvements to its duty to co-operate, introduce the right for registrants to request voluntary removal from the register, and extend the Professional Standards Authority’s oversight of Social Work England to match that of its oversight powers for other regulators.

Social Work England was set up with the overarching objective of public protection. An effective fitness to practise system is critical, both for public protection and public confidence in social work as a regulated profession. As a result of the amendments in this instrument, certain fitness to practise outcomes will be recorded on the register more quickly, and automatic removal where a social worker has been found guilty of one of the serious offences in Schedule 3, such as rape or human trafficking, will have immediate effect. In addition, the instrument makes several changes to the regulator’s internal processes relating to interim orders. These are orders that temporarily prevent a social worker practising while the regulator investigates concerns regarding their fitness to practise. The instrument removes delay in the current system by allowing the regulator to initiate interim orders directly, bringing Social Work England in line with other regulators.

Further, interim orders will now be linked to individual cases rather than a specific social worker. This ensures that, in the rare instances where a registrant has simultaneous yet unrelated open fitness to practise concerns, the regulator can implement the most appropriate fitness to practise response to each individual concern.

I turn to the provisions relating to data sharing, the regulator’s duty to co-operate, voluntary removal and oversight by the Professional Standards Authority. The instrument addresses an omission in the Social Workers Regulations 2018 to make it clear that the regulator can co-operate with relevant bodies outside England in addition to those outside the UK.

--- Later in debate ---

[Baroness Barran (Con)]

My Lords, I thank noble Lords for their contributions and echo the sentiments expressed about the extraordinary job that our social workers do in protecting and supporting those in need.

I may have to write to the noble Lord, Lord Jones, to answer all his very detailed questions but I hope he is reassured to hear that our colleague, the noble Lord, Lord Patel, is chair of Social Work England and the remuneration for the chair is £450 a day. But I am happy to send more detail and I think the information the noble Lord seeks about the board may well be on the Social Work England website.

When Social Work England was established, it took over responsibility for 1,500 fitness to practise cases from the Health and Care Professions Council, which was about 300 more than had been anticipated. The noble Lord asked how often barring takes place. All this information is available on the Social Work England website, as is the number of social workers who are struck off the register.

The noble Lord, Lord Storey, asked about DBS checks. As he rightly said, of course social workers need DBS checks. Social Work England then does thorough checks as part of the registration service and will share information with the relevant agencies. I will need to write to the noble Lord to confirm the exact renewal timing.

The noble Baroness, Lady Chapman, raised broader questions about the state of social work services in this country, particularly in relation to children’s social care if I followed her question correctly. Of course, the Government recognise that although there has been improvement and there are fewer local authorities judged not to be providing good services, that number is still far too high.

Overall, councils have access to over £54 billion in core spending power for their services, including the £2.3 billion grant for social care. In the current spending review, we are continuing to provide financial support to students who qualify as social workers through investment in social work bursaries and in the education support grant. We invest as a department over £50 million each year in recruiting, training and developing child and family social workers to ensure that the workforce has the capacity, skills and knowledge to support and protect vulnerable children.

Kinship Care

Baroness Barran Excerpts

Monday 14th November 2022 Lords Chamber

[Baroness Drake]

To ask His Majesty’s Government what assessment they have made of the report by the All-Party Parliamentary Group on Kinship Care Lost in the legal labyrinth, published on 16 May; and in particular, the findings that there is a lack of both advice and legal aid for current and prospective kinship carers of children in crisis.

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

My Lords, the Government are grateful to the APPG for its work and its recent report on kinship care and the legal labyrinth. The noble Baroness will be aware that the Ministry of Justice recently laid a statutory instrument widening access to legal aid to private special guardianship order proceedings. We will monitor and assess its impact.

The noble Baroness will also be aware that a series of recommendations was made by the independent review of children’s social care, including on expanding access to legal aid for kinship carers. We are considering each of those in detail.

[Baroness Drake (Lab)]

I thank the Minister for her reply. The extension of legal aid to protect special guardians of children in private law cases is clearly a step in the right direction. However, it is not matched in public law proceedings, where the majority of guardianship orders are pursued. Here, children are in a crisis situation, and it is imperative that those who step forward as kinship carers, who are often left to navigate the justice system alone, get the legal support they need. Without it, the risk is that more children will end up in care, away from friends and families. May I push the Minister: when will the Government ensure that the extension to legal aid in private law provision is mirrored in public law?

[Baroness Barran (Con)]

I understand and respect the noble Baroness’s point. The Government are committed to making the means and merits testing the same, be it private or public law proceedings. She will also be aware that legal aid funding has been extended so that prospective special guardianship proceedings will also get means and merits-tested legal aid funding.

[Lord Laming (CB)]

My Lords, the Minister will well understand that the state services do not exactly have an unblemished record in taking over the parenting of other people’s children. That being so, will the Minister do all she can to ensure that the extended family is considered more in cases of this kind, and that members of the extended family are recognised as having something really personal and important for children who have had the worst start in life?

[Baroness Barran (Con)]

The noble Lord is absolutely right. In the Question we debated last week about the protective effect of family, as picked up by the Children’s Commissioner, the same points were raised. The noble Lord will be aware that extensive recommendations were made in Josh MacAlister’s review about the role of family. The Government absolutely recognise, value and are grateful to those families who care for an estimated 150,000 children.

[Baroness Eaton (Con)]

My Lords, as we have heard, the legal framework for kinship care is very complicated: there is no single definition in legislation, which can lead to kinship carers missing out on the support they need. Will the Government consider introducing a single legislative definition of kinship care to help ensure that carers can access the right support?

[Baroness Barran (Con)]

My noble friend will be aware that that was also one of the key recommendations in Josh MacAlister’s review, so the Government will be responding as part of our implementation plan. More broadly, as my noble friend says, the awareness and value of kinship care could definitely be improved, not just for wider family but for social workers, so that they are always confident in taking it into consideration.

[Baroness Armstrong of Hill Top (Lab)]

My Lords, I am grateful that the Minister is paying attention to this, but she, like me, must be aware since the publication of the MacAlister review that many kinship carers now suffer real harm because of the cost of living crisis and their vulnerability in these legal issues. This is becoming a crisis for some kinship carers, but we all know, as the noble Lord said in his question, that kinship carers end up being far more effective in their care than the state is. We need to encourage and support kinship carers if we care about those vulnerable children. Will the Minister make sure that the Government respond promptly, because the more time passes the more vulnerable these kinship carers become?

[Baroness Barran (Con)]

The Government take this very seriously. My honourable friend in the other place, the Minister for Children, met recently with a group of kinship carers. She listened hard to what they said and was impressed by the case they made.

[Lord Hannay of Chiswick (CB)]

My Lords, does the Minister agree that kinship care is a cost-effective way of dealing with the problems of children in need and that this is therefore a moment when it should be expanded? There will obviously be constraints on public spending, and kinship care is a cost-effective way forward.

[Baroness Barran (Con)]

I agree that it is cost effective, but I know that the noble Lord agrees that it is also really important because of the stability it offers children. It substantially outperforms other forms of care in educational and employment outcomes.

[Lord Storey (LD)]

My Lords, noble Lords can go on to the charity Kinship’s website and look at each parliamentary constituency to see how many children are in care and how many are in kinship arrangements. In Liverpool Wavertree, there are 601 children in kinship care and 330 in local authority care. Does the Minister not think we need to ensure that all those children have the possibility of kinship care? One way to do that is to make sure that financial and other support is available for them; it should not be left to discretionary arrangements by local authorities that may or may not pay. Will the Minister and the Government give real consideration to making sure there is that support for these parents and relatives?

[Baroness Barran (Con)]

At the risk of sounding like a cracked record, the Government are considering all the review’s recommendations. More broadly on the noble Lord’s point, the variability in the use of kinship care across different local authorities is also very striking. For some local authorities it is as low as 2%; for others it is over a quarter.

[Lord Watson of Invergowrie (Lab)]

My Lords, I know the Minister has a firm grasp of issues across her portfolio, so she will be aware that the charity Kinship’s annual report found that over a third of kinship carers have stated that they are unlikely to be able to continue in that role in the next year. I echo the points that other noble Lords have made and I hear what the Minister said about cracked records, but even cracked records have good music at their centre. Will she accept the need for kinship carers to be provided with the same support as foster carers to enable them to continue to provide that role? As other noble Lords have said, the cost of not doing so will be much greater, should those children have to be taken into local authority care.

[Baroness Barran (Con)]

The Government are considering all these issues. I have made it clear that we see kinship care as an incredibly valuable part of the fabric of support for children who, for whatever reason, can no longer live with their birth parents. We are looking at all aspects—not just financial but the information, support and guidance that prospective carers and local authorities receive.

[Baroness Finlay of Llandaff (CB)]

Do the Government recognise that that support has to start urgently? Often, these children are traumatised and may be suddenly bereaved. Kinship leave, similar to adoption leave, may help kinship carers and the child or children adapt to the new situation and come to terms with what has happened.

[Baroness Barran (Con)]

That is definitely one of the issues under consideration.

[Baroness Chapman of Darlington (Lab)]

My Lords, the Minister has said many times that she is considering this, and I trust she is doing so. Will she convey to the department the interest and sense of urgency in the Chamber today, specifically on a legal definition that would unlock so much for kinship carers?

[Baroness Barran (Con)]

I absolutely undertake to do that.

Higher Education (Freedom of Speech) Bill

Baroness Barran Excerpts

Committee stage
Monday 14th November 2022 Lords Chamber

[Baroness Thornton (Lab)]

My Lords, I shall speak to Amendment 61 in the names of my noble friends Lord Collins and Lord Blunkett, and say to the Minister that this group of amendments is striving to make sense out of something. I read this clause several times over the weekend and found it very puzzling and complex. The Minister needs to look at this amendment and the complete complaints procedure again. I am very struck by the words of the noble Baroness, Lady Garden: it imposes costs, but where are the benefits?

The amendment of my noble friend Lord Triesman has tried to impose order on a very confusing clause. It may not be perfect but he is initiating a useful discussion. Every amendment in this group seeks to clarify and modify how the complaints procedure might work. As the noble Lord, Lord Willetts, said at the opening of this debate, the complaints procedure is not clear.

My noble friend’s amendment would ensure that free speech complaints are considered alongside other competing freedoms, such as the Equality Act 2010 and the Counter-Terrorism and Security Act 2015, and that the Government should specify in guidance how that should happen. We have been raising issues around the compatibility of this Bill with those Acts all the way through this discussion and we are raising it again in relation to the complaints procedure.

I will not add any more to that. I think the Minister—the noble Earl or the noble Baroness—will need to address all these amendments, including ours, because, as it stands, this is not a satisfactory clause at all.

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

My Lords, I shall now address the group of amendments that relate to the complaints scheme to be operated by the Office for Students.

Amendment 58, from my noble friend, Lord Willetts, seeks to mandate the provisions set out in paragraph 5(2) of new Schedule 6A on what complaints can or should be ruled out of scope for consideration under the scheme. Amendment 59 seeks to mandate that the OfS must dismiss “frivolous or vexatious complaints”, with the intention of reducing the potential bureaucratic burden on the OfS and higher education providers.

The current drafting’s use of “may” rather than “must”, as highlighted by the noble Lord, Lord Grabiner, is intentional. The wording is derived from the Higher Education Act 2004, which established the student complaint scheme of the Office of the Independent Adjudicator for Higher Education. This is the usual drafting approach when setting up a new body or new scheme in legislation, allowing for the decision-making body to have discretion in setting out the detail.

New Schedule 6A sets out the bones of the new scheme but it will be for the OfS to provide the detailed rules. The OfS needs the discretion to determine which rules should apply, looking at the scheme in the round. The noble Baroness, Lady Fox, highlighted some of the reasons why that is important. We anticipate that the Office for Students will consult on the rules, so it will be informed by key stakeholders in the sector. These rules will set out the detail of the type of complaint that the scheme will consider and the process to be followed.

I think we are aligned on my noble friend’s aspiration for coherence—he is smiling behind me; I am not sure whether that is encouraging—but it is a question of where that coherence is established. We respectfully suggest that that should be done in detail in the rules. My noble friend will absolutely be aware that paragraph 5(2)(b) of new Schedule 6A clearly sets out what is within scope for the OfS to decide—whether a free speech complaint should not be referred until the internal procedures are exhausted. We would expect that to be set out more clearly and in more detail when the OfS has gone through this procedure of drafting the rules.

It is also the intention that complaints should be referred under the scheme within a specified time limit. In the case of the OIA, the time limit is 12 months from the date on which the higher education provider tells the student its final decision. The OfS may well decide on a similar provision, but that is a level of detail for it to determine; it is too specific to be included in primary legislation. It is not necessary to mandate that there should be a time limit, as the OfS will want and need to include this as a matter of good administration. The OfS will also set out rules on how it will deal with frivolous or vexatious complaints for the reasons that the noble Lord, Lord Grabiner, eloquently exposed.

I know that my noble friend and the Committee more generally will have spotted that we use “must” in a couple of cases in the Bill. That is where it is considered particularly significant, such as in the requirement to make a decision and the need to make a recommendation if the regulator considers a complaint justified where “may not” is used—that is, where we have a prohibition.

Amendment 60, from my noble friend, Lord Sandhurst, seeks to confirm in the Bill that the OfS has the power to determine whether a provider has breached its freedom of speech duties. My noble friend is right to think carefully about how the complaints scheme will work.

My noble friend mentioned the Court of Appeal decision in Maxwell and the powers of the OIA. This was about its power to adjudicate on disability discrimination. The court held that it was the OIA’s role to review complaints and consider whether the provider acted reasonably and in a justified way. Here, the Bill sets out the parameters of what the OfS must decide. It is clear that it will have the power to determine whether they consider that there has been a breach of the free speech duties.

The Bill specifies that the OfS must provide a scheme under which it is to review and determine free speech complaints. Such complaints are defined as claims that the person has suffered adverse consequences as a result of the governing body’s action or inaction, and

“claims that, or gives rise to a question as to whether, the action or inaction was a breach of a duty of the governing body under section A1.”

That is at paragraph 2 of new Schedule 6A. Where a complaint is referred under the scheme, the OfS will be required to make a decision as to the extent to which the complaint is justified. As I mentioned earlier in relation to the Maxwell case, this makes it clear that the OfS may determine whether a provider has breached the freedom of speech duties. Indeed, it is a central part of how the complaints scheme will operate.

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[Lord Collins of Highbury (Lab)]

My Lords, I thank the noble Lord, Lord Johnson, for raising this issue, because it is an important thing we should debate. Fundamentally, it is about balance and being proportionate—and, as we have heard, there is also the business case about overreliance on a single source of income. Certainly, if foreign students are coming from one country, as the noble Baroness, Lady Smith, said, clearly there is a risk factor in that.

I will start by saying, as I think the noble Lord, Lord Johnson, was saying too, that foreign students are an important element of our soft power. We should not underestimate how making our universities open to overseas students is an important part of the three Ds of our integrated policy of defence, diplomacy and development. Okay, I hear what the noble Lord, Lord Grabiner, said: often, the people whom we are attracting are a growing part of the wealthy side of society and instead we should be focusing on other areas, particularly in Africa, where we should be encouraging more students. However, when I was a student, I found that many of the overseas students that I became friends with subsequently became leaders of countries and influencers of countries, and we should not underestimate that. So I start by saying that I am very much in favour of supporting overseas students and that universities should continue to encourage them—especially from China. I do not think we should be debating that Chinese students are a bad thing. The Chinese Communist Party is a bad thing, but not Chinese students—we should absolutely be committed to that.

As I said at Second Reading and in other debates, the key to addressing the influence of income on free speech is transparency. I am sympathetic to the idea that there should be a requirement to say just what proportion of income is coming from which areas—that is absolutely right—but I also support the view of the noble Lord, Lord Willetts, that in introducing that element of transparency we should not place burdens on institutions that could inhibit academic research and the commitment to follow through those income streams. When we look at other countries, certainly when it comes to reporting requirements, we are talking about a much higher level than those currently envisaged by the Government.

So it is very important that we address these issues, but I share the concern of the noble Baroness, Lady Smith, that this Bill is not necessarily the appropriate place to do it.

[Baroness Barran (Con)]

My Lords, I would like to address the group of amendments relating to overseas funding.

Amendments 63 and 64, tabled by my noble friend Lord Johnson of Marylebone, seek to amend the transparency measures concerning overseas income received by higher education providers. They would add tuition fees to the categories of overseas funding in scope and require the OfS to consider whether a provider or college was “overly reliant” on funding from a single country of origin.

Increasing awareness of foreign interference risks in higher education is of course vital. That is why we have already added measures to the Bill that will require the OfS to monitor the overseas funding of registered higher education providers and their constituent institutions so that it can assess the risk that the funding may pose to freedom of speech and academic freedom in the provision of higher education within a given institution. However, we have ensured that the scope of these measures is proportionate to the risk, in order to ensure that our universities remain a place where freedom of speech can thrive.

The Government consider that these further amendments are unnecessary and potentially overly bureaucratic. Providers are already required to submit data to the OfS on course fees by broad domicile, broken down by UK, other EU and non-EU. In addition, international student numbers are reported to the Higher Education Statistics Agency and published online, broken down by country of domicile and by provider. This means that information about international tuition fees is already available to the OfS. If the OfS considered that a provider was overly reliant on student tuition fees—the noble Lord, Lord Collins, talked about the business case for overseas students—it could take steps if it thought that this would threaten the financial sustainability of the provider. That is included in the registration conditions that providers must already comply with. The OfS can issue sanctions for breach of these conditions.

Amendment 65, in the name of my noble friend Lord Willetts, seeks to increase the financial threshold for reporting required by higher education providers under Clause 9. This would require that no less than 1% of the total income of a higher education provider would fall to be reported, thereby reducing the burden of reporting on providers.

For many large providers, 1% of their total income could represent tens of millions of pounds, but I am sure noble Lords will agree that, for example, £1 million would be a very significant amount of money if an individual member of the academic staff received it as a research grant. Amendment 65 would mean that such instances might not fall to be reported.

The aim of Clause 9 is to increase the transparency of overseas funding. The OfS will require providers to supply information to them on relevant overseas funding. Relevant funding is defined as certain specified types of funding received by the provider, a constituent institution or a member or members of staff from a relevant overseas person, where that exceeds a threshold—to be set out in legislation—within a period of 12 months. The current intention is to set this at £75,000 in a 12-month period for providers and colleges.

We recognise that the risk of undue influence arising from smaller amounts of overseas income is likely to be lower. We have therefore ensured that the scope of these measures is proportionate to the possible risk to freedom of speech. We believe that the intended threshold of £75,000 for providers and colleges is appropriate, as it will strike the right balance by increasing the transparency of significant transactions without creating undue bureaucracy by requiring the reporting of smaller transactions that are less likely to pose a risk. The information required is further narrowed in scope, as “relevant overseas person” is a limited category and there will also be countries that are excluded from this provision that will be set out in regulations.

We take the impact on the higher education sector seriously, which is why the Bill includes the measures that I have just described to reduce the level of reporting required. We are therefore ensuring the proper targeting of the measure to the risk to freedom of speech, and that the burden on providers will not be too great.

I now turn to Amendment 66 tabled by the noble Lord, Lord Wallace of Saltaire, and spoken to by the noble Baroness, Lady Smith of Newnham, which seeks to clarify why students’ unions have been included within the scope of the overseas income measure in Clause 9. The overseas funding measures in the Bill seek to increase the transparency of overseas donations and other income received by higher education providers, their constituent institutions and students’ unions to better enable the OfS as a regulator to understand the possible extent of financial leverage from a foreign source, which may influence behaviour to pose a threat to freedom of speech and academic freedom. The information reported will enable the OfS to monitor and report on any sector trends and patterns.

In order for these measures to have the maximum intended effect on countering the threat of foreign interference in higher education and to increase public confidence in the sector, we considered it vital that the overseas funding duties extend to students’ unions, as other measures in the Bill do. Students’ unions across England are in receipt of a variety of overseas income every year and there is diversity across students’ unions in the ways in which they are funded. Information published by the Charity Commission demonstrates that a large number of students’ unions are very reliant on the annual donations and legacies that they receive. Therefore, it would be remiss not to include students’ unions in Clause 9.

The scope of the measure—noting in particular the threshold amount, which we anticipate will be set at an appropriate level for students’ unions—means that the burden on those unions will not be too great and will ensure the proper targeting of the measure to the risk to freedom of speech. I trust I have given reassurance that Clause 9 as drafted offers sufficient and proportionate protection against undue foreign influence on freedom of speech and academic freedom within higher education.

[Lord Johnson of Marylebone (Con)]

I am grateful to my noble friend the Minister for her response and to noble Lords for their excellent contributions. I will reflect on the debate and particularly on whether this was the best place for my amendment, which I recognise I have rather contrived to attach to this Bill. In the meantime, I am very happy to beg leave to withdraw it.

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[Viscount Stansgate (Lab)]

My Lords, I support my noble friend Lady Thornton and I support the spirit behind both Amendments 67 and 68, for the following reason. Over the years—you could argue, over the centuries—the balance of power between the Executive and legislature has changed, and it has changed to the detriment of the legislature. Therefore, whenever I see an amendment of the kind proposed in Amendments 67 and 68, which requires that a particular appointment—in this case it is the free speech director but it could be any other important post that arises in legislation—should be subject to the approval of the relevant Select Committee of the House of Commons, I think that is a very good thing. It would be a modest step towards rebalancing the imbalance that I fear is infecting the relations between both Houses of this Parliament, and between us and the Executive. I support the amendments for that reason.

[Baroness Barran (Con)]

My Lords, I will now address the amendments concerning the appointment of the new director for freedom of speech and academic freedom at the Office for Students. Amendments 67 and 68, tabled by the noble Lords, Lord Collins of Highbury and Lord Wallace of Saltaire, and spoken to by the noble Baronesses, Lady Thornton and Lady Smith, cover similar ground, as the noble Baronesses pointed out. They seek to introduce additional requirements to the process for appointing the new director.

Amendment 67 would require the appointment to be made by an independent panel, established under regulations and confirmed by the Education Select Committee. It would further prevent the appointment of a person who had made any political donations in the last three years and prohibit them from making any donations during their tenure. Amendment 68 would require the Secretary of State to consult Universities UK and obtain approval from the Education Select Committee before nominating the director.

I make it clear that the director for freedom of speech and academic freedom will be appointed in the same way as other members of the OfS board, by the Secretary of State under the Higher Education and Research Act 2017. Although this is not officially a public appointment, it will be done in accordance with the public appointments process, which will ensure the independence of the process. The noble Baroness, Lady Smith, rightly asked how people can be reassured and have confidence in the process, and that is the answer. The involvement of the higher education sector in the appointment through formal consultation would risk threatening the independence of the role. I emphasise that, as has been said in the other place, freedom of speech and academic freedom are fundamental principles in higher education; they are not the preserve of one particular political view.

I point out that one role within the OfS involves appearing before the Education Select Committee as part of the process for being appointed: the chair. No other member of the board, such as the chief executive officer or the director for fair access and participation, requires their consideration or consultation with the sector. It would be inconsistent to make different rules for the director for freedom of speech and academic freedom, and we believe it would set an unhelpful precedent.

[Lord Deben (Con)]

I am always suspicious when Ministers use the word “inconsistent” to overcome a problem. It is inconsistent because it is different. The particular person here needs to have the confidence of all of us. I was impressed by the comments of the noble Viscount, Lord Stansgate, who made a point that we in this House ought to make very clearly to Ministers: the power of the Executive has increased, is increasing and ought to be diminished. In this case, it does no harm to the Government to say, “What a good idea. Wouldn’t it be a good idea to take some of these concepts and make sure that people have confidence?” I no longer have any confidence in decisions made by Ministers unaffected by Parliament. The noble Viscount, Lord Stansgate, is right, and the word “inconsistent” does not get out of the problem.

[Baroness Barran (Con)]

I am sure that my noble friend is right that it does not. He may dislike the word “precedent” as well, but it would set a different precedent for how these appointments are made. When you have a chief executive and a director for fair access and participation who are not subject to that kind of consideration or consultation with the sector, it is fair to ask why this role should be, given that those are also highly important and sensitive roles.

[Baroness Smith of Newnham (LD)]

Would the noble Baroness feel the same regardless of who was Secretary of State for Education? Is there not a danger that politics could perhaps be seen in the appointment process? Might it not be better to make it as objective as possible? A precedent might actually be the way forward.

[Baroness Barran (Con)]

By following the public appointments process, which I hope your Lordships trust, we are endeavouring to make it as independent and objective as possible.

On the noble Baroness’s point about legal training or expertise, I reassure your Lordships that the successful candidate for the role will have been assessed for their understanding of the legal framework concerning freedom of speech and academic freedom, including how this relates to other relevant legislation. Although legal knowledge would be a benefit for the person undertaking the role, the director will be supported by a team of lawyers, caseworkers, board members and others at the OfS to support decisions under these measures. These decisions will legally be those of the OfS and not of the director personally.

Important oversight will also be built into the system once the director has been appointed. The director will be responsible for reporting to the OfS board on the performance of the OfS’s free speech functions. This reflects a similar provision in Schedule 1 to the Higher Education and Research Act 2017, which makes the director for fair access and participation responsible for reporting to the other members of the OfS on the performance of the OfS’s access and participation functions. This will not only ensure oversight of the role of the director for freedom of speech and academic freedom by the rest of the OfS board; it will also allow the OfS to co-ordinate and monitor its free speech functions better.

I therefore confirm that the appointment of the director will be in line with the usual public appointments processes, and there will be ongoing oversight of the role. On the noble Baroness’s question about where we have got to in the appointment, applications for the role closed on 27 July, and we are currently sifting them, after which there will be interviews and an announcement in due course. Given this, I hope that noble Lords will agree that these amendments are not required.

[Baroness Thornton (Lab)]

I thank the noble Baroness for that explanation. I also thank my noble friend Lord Stansgate and the noble Lord, Lord Deben, for their comments. We of course support the amendment from the noble Lord, Lord Wallace—I thank the noble Baroness, Lady Smith, for her comments in support.

This is not a satisfactory situation. I suppose we should be quite pleased that the accusation of pre-emption that I made at Second Reading is not happening. I suspect that this is not through design—through deciding to wait until the legislation is on the statute book before making the appointment—but rather through not having got round to doing it yet, which is par for the course in government at the moment. I hope that will change over time, particularly if we have a change of Government.

In a way, this is the most partisan amendment that we on these Benches have put down. It is based partly on the appointment of the chair of the OfS, which was not uncontroversial, because it was a donor to the Conservative Party and someone who made a speech in a gathering of very right-wing European politicians in Hungary, as mentioned in the discussions on the Bill in the Commons and at Second Reading. So, pardon me, but we are a bit suspicious about this appointment.

My point is that made by the noble Lord, Lord Deben: this is a particularly special appointment, and it needs to have the confidence of the whole higher education sector. The Government’s job is to ensure that that happens, and I am afraid that it is not the case at the moment. However, I beg leave to withdraw my amendment.

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[Lord Deben (Con)]

The noble Lord, Lord Adonis, is always a pleasure to listen to.

As a matter of fact, I am not in favour of this amendment, but I want to ask the Minister a question. One of the reasons I raised the question earlier about public appointments is that the period of time it takes to make any appointment is becoming a scandal. I am still waiting for two appointments to the Climate Change Committee. The meetings of the chairmen of all the organisations always say that they are fed up with trying to run committees in which there are no members because the system takes so long.

Could I have the assurance of the Minister that, under this Bill, an appointment will be made, and made quickly? Will she say to the Government as a whole that, until the system works quickly, we will go on complaining about it? It is not reasonable to have so long a gap. It is not that, for some reason or another, this is not an important appointment—I think that there is a lot to be said for it—but that this problem is true right across the board. The time waiting for appointments gets longer and longer, and the process gets stuck more often than it should.

[Baroness Barran (Con)]

My Lords, the amendment tabled by the noble Lord, Lord Collins, also in the name of the noble Baroness, Lady Bennett of Manor Castle, would make the Bill subject to a sunset clause, with the Act to expire three years after the date of enactment, unless a report is made to Parliament and regulations are made to renew the Act. It would also allow Ministers to remove provisions of the Bill one year after enactment if they were not working as intended.

My noble friend Lord Deben shared his concerns about the speed of the appointment process. Sadly, I do not possess a magic wand in relation to Defra appointments, but I shall share his concerns with my noble friends in that department. I also take his serious point that, as someone once said, sometimes when it is slow it is because it is being carefully considered, and sometimes it is just slow. We shall leave it to your Lordships to judge.

We do not think it would be right or appropriate to include a sunset clause in the Bill. Equally, it would not be right to allow Ministers to remove provisions by way of regulations after only one year, when Parliament has only recently approved the Act and there will not have been enough time for the Act to bed in. I should note in this context that it will take time to implement the new statutory regime, with a need to make a number of sets of regulations; to appoint the new director for freedom of speech and academic freedom, as the noble Lord, Lord Adonis, reminded us; to draft guidance; to draft and consult on changes to the regulatory framework; and to set up the new complaints scheme. One year would certainly be insufficient to see the effect of the Bill on the ground. A sunset clause for a whole Act would be very unusual, and we see no reason why this Bill should be treated differently from other pieces of primary legislation.

[Lord Collins of Highbury (Lab)]

I thank the Minister for her response. I am glad that my amendment has at least given the noble Lord, Lord Deben, the opportunity to be supportive of the Government on this occasion.

Just to pick up on some of the points that have been made, from what the Minister said, it sounds as though, if the appointments process for the director for freedom of speech is anything to go by, it will be at least three years before we see this legislation actually being implemented—and who knows what will have happened in three years’ time?

The important thing that I wanted to stress in moving this amendment is how important evidence-based legislation is. Certainly, a lot of concern has been expressed throughout Committee about the lack of evidence on some of these points. However, I hear what the Minister says, and I am glad that the noble Lord, Lord Deben, has been able to make that contribution at long last. I beg leave to withdraw the amendment.

Family: Protective Effect

Baroness Barran Excerpts

Monday 7th November 2022 Lords Chamber

[The Lord Bishop of Durham]

To ask His Majesty’s Government what assessment they have made of the report by Children’s Commissioner for England Family and its protective effect: Part 1 of the Independent Family Review, published on 1 September; and in particular, what assessment they have made of the definition of the ‘protective effect’ and its implications for future policy.

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

My Lords, the Children’s Commissioner’s review is centred on the protective effect of families. We agree. A strong and safe family home helps children to meet their full potential in life. That is why we have announced over £1 billion for programmes to improve family services, including family hubs and the Supporting Families programme. The Children’s Commissioner’s review will help to inform ongoing work so we can be sure to support all types of families.

[The Lord Bishop of Durham]

I thank the Minister for her reply. The Children’s Commissioner’s excellent report reveals a strong correlation between close familial relationships formed through shared experiences and both the immediate well-being of children and their long-term outcomes. Families are the primary way that families support one another but sometimes, outside support is required and the report reveals that often, families struggle to access this and that it is unequally available across the country. How will His Majesty’s Government ensure equal access to and availability of family support services across the whole country?

[Baroness Barran (Con)]

The right reverend Prelate will have heard me say already the scale of the investment we are making in family services and the importance we place on them. In particular, the Government are committed to opening 75 family hubs in areas which need that support most. But I agree with the right reverend Prelate and stress the striking point in the report regarding who families in need turn to: namely, their families and friends, far, far before any statutory service.

[Lord Farmer (Con)]

My Lords, we have a new Cabinet since my own Question on this review, so I ask again whether a Cabinet Minister has been appointed to co-ordinate every department’s policies to strengthen families? Also, acknowledging the 75 hubs already mentioned and my registered interests, will the Government bring funding forward for the remaining 75 local authorities to develop family hub networks, given the huge pressures facing families and the test-and-learn approach taken to hubs in the first 75 councils?

[Baroness Barran (Con)]

My noble friend knows that working to strengthen families is a key priority across several government departments and although there is not currently a designated Minister, we will be actively considering this. We share my noble friend’s aspiration to see family hubs across the country and it is crucial that we deliver really well in the selected local authorities, so we will be building on the evidence and learning from this investment to improve services across the country.

[Baroness Garden of Frognal (LD)]

Following on from the right reverend Prelate’s Question, the commissioner highlighted that nearly all the children her team helps have significant mental health issues and struggle to access timely and consistent support from CAMHS, so will the Government seriously tackle better access to mental health services as a priority to prevent these problems escalating?

[Baroness Barran (Con)]

A significant part of the investment we are making in family hubs and the Start for Life programme is specifically related to mental health. Some £100 million of the almost £302 million is for parent-infant mental health support, starting at the earliest possible opportunity.

[Baroness Armstrong of Hill Top (Lab)]

My Lords, I know the Minister understands that the intervention and support of kinship carers is essential for many of the most vulnerable children and their families. There were some significant indications of the support that kinship carers need in the Josh MacAlister review earlier this year. Can the Government confirm that they will bring in measures to better support kinship carers, so that families really can care for the most vulnerable?

[Baroness Barran (Con)]

More than 150,000 children live in kinship care, so the noble Baroness raises an incredibly important point. The Government recognise the need to support kinship carers more, and we have made early progress. We have invested £2 million to develop 100 kinship peer support groups for kinship carers; this summer, we set up the first dedicated policy team in the department focused on kinship care; and obviously, we will be responding to Josh MacAlister’s recommendations on that point.

[Lord Bird (CB)]

Will the Government be looking at the full costs of knocking £50 billion out of the social economy when we move into this period of austerity? Removing £50 billion could well cause hundreds of billions of pounds-worth of damage, especially to our families.

[Baroness Barran (Con)]

The noble Lord raises a much broader point. Bringing it back to the review, the Government are very excited about and look forward to the second stage of the Children’s Commissioner’s review on the protective effect that families can offer.

[Baroness Chapman of Darlington (Lab)]

My Lords, Dame Rachel de Souza’s report makes the very valuable point that family policy should not be restricted to any one department or policy area. What are the Government doing to ensure different departments and teams are incentivised to break down silos between them—including local government—so that we can spread awareness of the support available to families and make it far easier for families themselves to navigate?

[Baroness Barran (Con)]

Government departments already work very collaboratively in this area—my own department works closely with both the Department for Work and Pensions and the Department of Health and Social Care. The real way that we want to deliver for families is by listening to the recommendations from the Children’s Commissioner and making sure that our policy is led by that vision of a family test and its protective effect.

[Lord Kamall (Con)]

My Lords, does my noble friend the Minister acknowledge that the state cannot do all of this itself? It needs to work not only across government departments but with civil society organisations, particularly neighbourhood civil society. Can she enlighten us on some of the work that her department is doing with local civil society?

--- Later in debate ---

[Baroness Barran (Con)]

My noble friend makes a very important point. Dame Rachel points out in her report that 11% of families in need turn to council services, but almost the same number—10%—turn to the exactly sorts of community services that my noble friend refers to. I know that the majority of the work to support them is done through DCMS, but my department is very much aware of their work and grateful to them for it.

[Baroness Chapman of Darlington (Lab)]

My Lords, another of the findings from Dame Rachel de Souza’s report was that the most common worries for families were financial, due to the increase in the cost of living and particularly the cost of childcare. If we ever want to achieve sustainable growth in this country, we must prioritise a complete overhaul of the childcare system to make it affordable, high-quality and easier for people to navigate. What can the Government do to help?

[Baroness Barran (Con)]

The noble Baroness will be aware that the Government are committed to improving parents’ access to affordable and flexible childcare. We will set out these plans in more detail in due course.

[Baroness McIntosh of Pickering (Con)]

My Lords, I am a patron of the National Association of Child Contact Centres. Will my noble friend give a big shout out for child contact centres, which play a phenomenal role, relying primarily on volunteers to run them? Cafcass used to provide the service, and the NACCC has not received any money since September, which is obviously putting it in dire straits. Could my noble friend use her good offices to intervene on its behalf?

[Baroness Barran (Con)]

I will certainly take the point that my noble friend has raised back to the department. I am delighted to express my support for the incredibly important, difficult and sensitive work that child contact centres carry out.

[Baroness McIntosh of Hudnall (Lab)]

To take the Minister back to the answer she gave on the subject of mental health services, particularly for young people, she will be aware that the real difficulty in providing those services is that there is an insufficiently large workforce. There are simply not enough professionally qualified people to deliver the kinds of services that young people very badly need. In what way are the various funds that the Minister has referred to going to help with that problem?

[Baroness Barran (Con)]

The noble Baroness makes a fair point, and I am happy to write to her setting out in more detail the Government’s strategy on expanding the workforce. She will appreciate that this falls more within the Department of Health workforce strategy, but I am happy to expand on that. Also, there are a number of very sophisticated and helpful digital applications that can help support young people in addressing the mental health challenges they face.