Children’s Wellbeing and Schools Bill
Debate between Baroness Blake of Leeds and Baroness Barran(3 days, 17 hours ago)
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Baroness Barran (Con)
My Lords, I will speak to Amendments 85, 89, 92 and 93 in my name. Clause 7 introduces new requirements for local authorities in England to assess whether certain care leavers aged under 25 need Staying Close support; and when such support is deemed necessary, the local authority must provide it. This provision builds on the Staying Close pilot scheme, which gives care leavers safe and secure accommodation along with a trusted adult relationship for emotional and practical support. I am very grateful to the charity Become for sharing its expertise in this area with me. As the Minister knows, each year thousands of young people face what we might describe as a care cliff edge. As the noble Baroness, Lady Bennett, vividly described, when they leave the system, they are expected to leave home at around 18—often abruptly but, I hope, not always as abruptly as in the case she described—losing vital relationships and support when they most need help transitioning to adulthood.
Research by Become shows that
“the transition from care to ‘independent living’ is often poorly planned and managed, and many young people feel unsupported”.
Evidence from the Staying Close pilots demonstrates
“improved outcomes for care-experienced young people … including better ‘independent living’ skills, increased happiness, better stability, increased participation in … education and employment; and a reduced risk of homelessness”,
and that extending Staying Close support to age 25 will benefit thousands of young people leaving care. We warmly welcome that.
However, we have concerns about the drafting of Clause 7, which could limit its impact. First, Clause 7(2) requires local authorities to assess whether Staying Close support serves the young person’s welfare, but without providing specified assessment criteria. We worry that this could lead to the rationing of support or a postcode lottery. Our Amendment 85 seeks to address that by explicitly setting out the factors the local authority must have due regard to, including the
“wishes and preferences … accommodation requirements … emotional and practical support needs … and existing support network”
of the young person. Our ever-optimistic Amendment 92 would give the local authority flexibility to offer additional support where it is judged to be appropriate.
The current wording defines Staying Close support merely as providing advice and information or making representations to help with accommodation and services. The Minister will know that “making representations” does not always translate into a service. That narrow definition does not reflect the comprehensive support that was offered in the pilots, so our worry is that it will not achieve the same positive outcomes that the pilot did.
Our Amendment 89 aims to strengthen the voice of young people and ensure that a record of their wishes is kept. The Bill does not reference young people’s wishes and preferences. We believe, and I know that the Minister agrees and has been a great leader in this, that young people’s input is vital when determining support.
Lastly, our Amendment 93 gives a strong legal entitlement to an opt-out for all care leavers, ensuring young people’s preferences guide decisions about their support and create consistent assessment criteria. I very much hope the Minister agrees that these are reasonable and practical amendments that the Government could turn into their own.
The noble Lord, Lord Watson of Invergowrie, very generously pointed out the response of the previous Government and put the case for extended Staying Put support extremely ably. I am sympathetic to the spirit of his amendments; indeed, he or another noble Lord mentioned that, when asked, 75% of children said that they would like to go on living with their foster parents beyond the current limitations. I look forward to what the Minister has to say on that. I am also sympathetic to my noble friend Lord Lucas’s Amendment 94. Having clarity and good performance-management data should always lead to better outcomes.
I feel rather mealy-mouthed not to be more enthusiastic about the right reverend Prelate the Bishop of Manchester’s Amendment 164. I absolutely do not want to sound preachy, but I worry. Of course it is extremely important that information is accessible and easily accessible, but, as we often discuss in your Lordships’ House, some of that comes from the culture and the attitude to young people in care and the relationships that we have with them. I suppose my only hesitation is that information without relationships does not get us much further, but I know that all noble Lords know that.
Baroness Blake of Leeds (Lab)
My Lords, in responding to these amendments, I start by re-emphasising that we all know that care leavers have some of the worst long-term life outcomes in society and that many have not received the care and support that we would want and expect for them. We are committed to ensuring that young people leaving care have stable homes, access to health services and support to build lifelong, loving relationships, and are engaged in education, employment and training. The ongoing work and the measures in Clause 7 are geared to improving outcomes for those eligible and will help address any cliff edge of support they may face when leaving care.
On Amendments 84, 86 to 88, 90 and 91 in the name of my noble friend Lord Watson, I thank him for highlighting the issues and for going through the background so thoroughly, but also for highlighting the very positive measures that were announced in the spending review yesterday. We look forward to further detail on how this will feed through into supporting some of the most vulnerable children in our society.
These amendments together would require local authorities to provide former relevant children under the age of 25 with Staying Put support where their welfare requires it. They seek to probe why the Bill makes provision for Staying Close support to be offered to eligible care leavers up to the age of 25 when the Children Act 1989 puts duties on local authorities to support former relevant children and their former foster parents to maintain a Staying Put arrangement until the former relevant child reaches the age of 21.
I acknowledge the example given by the noble Baroness, Lady Bennett; of course, it would not be appropriate to comment on an individual case but I am sure that many of us in this Chamber could put our minds to similar extremely stressful and difficult examples that are based on the real experience of some young people. That is exactly why we have the Bill before us and what we are trying to achieve with it.
We fully recognise the importance of these duties and remain strongly committed to the Staying Put arrangements. But, in answer to the noble Lord, Lord Russell, as well as my noble friend Lord Watson, we believe at this moment that it is essential that we prioritise filling the gaps that exist in current support, in particular for young people transitioning into independent living, including those who may have been in residential care, who often have the most complex needs. It is difficult to have to prioritise and focus, but this is the place we are in at the moment.
We are doing this very positive work through the introduction of Clause 7, where all former relevant children under the age of 25, including those in or who have left a Staying Put arrangement, will be provided with Staying Close support where their welfare requires it. Staying Close support includes support to find and keep suitable accommodation, and support to access wraparound services.
On Amendments 85, 92 and 93, tabled by the noble Baroness, Lady Barran, I start by reassuring her that we agree with the sentiment of the amendments and that Clause 7 is already very much in that spirit. We are very keen, of course, to make sure that everything we do links and aligns with the different opportunities: for example, how we can bring pathway plans into the mix and make sure that there is a seamless direction of travel. There will be more to discuss on this as we go forward, as I understand she acknowledges.
Baroness Barran (Con)
My Lords, the noble Lord, Lord Russell, said that this was a wide-ranging group. As I was thinking about it, I thought that what pulls it together is that it is a kind of Maslow’s hierarchy of needs. A lot of the amendments in it are the basic planks at the bottom of Maslow’s pyramid; one of those planks is of course healthcare.
My Amendments 96 and 107A try to address some of the evidence, which noble Lords will be well aware of, that shows that care leavers face much more negative physical and mental health outcomes than their peers. These disparities stem from the trauma they have suffered, adverse childhood experiences and, sadly, in some cases, the inability of their carers to meet their healthcare needs.
In the general population, children and young people visit specialist clinics more frequently than adults, if they need them, and their growth and development necessitate regular adjustments to medication and treatments. In young adulthood, health needs typically stabilise. We expect adults to manage their own healthcare, work with GPs and other medical systems, and self-manage long-term health conditions. Parents in supportive family settings will guide their children, and maybe even grandchildren, through this transition, but care leavers do not have that support. They often struggle to recognise that they need help, they do not know how to seek it, and it can often be very difficult to navigate complex healthcare systems. As a result, care-experienced people have a very poor uptake of physical and mental health support but very great physical and mental health needs. These clear and practical points were raised with me by the National Network of Designated Healthcare Professionals, to which I am extremely grateful for its briefing and advice, and for the time it has taken talking me through these issues.
My Amendment 96 would require local areas to set out clearly the transition arrangements for health and primary care for care leavers. It does not feel like it should be too much to expect this to be available. As importantly, my Amendment 107A would automatically schedule an extended GP appointment for care leavers who wish to use it; that is the simplest way to bridge this gap and empower them to talk about their health needs, and understand what local services are available to them and how to access them easily. Through this, they would receive support in navigating health systems—from booking appointments and requesting repeat prescriptions, to recognising when they need help. It seems a very small ask, and I hope the Minister will say yes.
There is a coherence to the other amendments in this group. They are the planks that all of us all too easily take for granted, such as having confidence in and transparency about how money works, as the noble Baroness, Lady Tyler, so ably argued. The noble Baroness, Lady Bennett of Manor Castle, cited the interesting example of the appetite for financial education of care leavers who are part of the universal basic income pilot.
I put the case for health and the noble Baroness, Lady Tyler, put the case for Staying Put—it was such a good idea that we have had it twice—and possibly the national offer. My noble friend Lord Young of Cookham highlighted very simple human requests about how the housing system works for care leavers. The idea that a young person aged between 21 and 25 who has been through the care system has to yet again prove they are vulnerable is frankly shocking. I hope the Minister can say something encouraging about that.
We have a combination of the specific elements that would make a difference to care leavers’ lives: the reporting data that my noble friend Lord Lucas raised; the financial aspects highlighted by the noble Lord, Lord Bird; and, crucially, as I mentioned on an earlier group, the importance of relationships, ably explained by my noble friend Lady Stedman-Scott on behalf of my noble friend Lord Farmer. I remember listening to the honourable Member for Whitehaven and Workington talking about this issue, and I think he said that every child is one or two relationships away from success or failure. Actually, in the example given by the noble Baroness, Lady Benjamin, of children going into gangs, they are seeking relationships. We would all do the same if we had no choice, but we want strong, positive relationships such as lifelong links has been proven to create, so I very much hope that, when the noble Baroness comes to sum up, she will come with good news.
Baroness Blake of Leeds (Lab)
My Lords, I like the description of the hierarchy of needs and I hope noble Lords will forgive me if I jump around a bit as well in my summing up. It has been a very rich set of contributions to an incredibly important part of the work that has been undertaken in bringing the Bill before your Lordships.
The first four amendments in this group seek to amend Clause 8, which will require local authorities to publish information on the support available to care leavers as they transition to independent living as part of their local offer for care leavers, set out in Section 2 of the Children and Social Work Act 2017. The remaining amendments seek to extend support for care leavers to address the poor outcomes they experience across so many aspects of their lives. Improving support for care leavers is something the Government are committed to doing through the measures in this Bill on Staying Close, local offer, corporate parenting and other programmes such as the care leaver covenant, and also by other initiatives that seek to work across government.
The fact that the Government have set up the care leaver ministerial board, chaired by Secretary of State for Education Bridget Phillipson and for MHCLG Angela Rayner, shows absolutely top-level commitment to bringing all the relevant departments together so that they can most properly address the issues that have been raised here. It is probably beyond our ability through this Bill to address all the very important issues that have been raised and spoken to so eloquently from across the Committee.
Of course, the basic principle is that we want to ensure that young people are leaving care with stable homes, access to health services and support to build lifelong loving relationships, engaged in education, employment and training. In response to the comments of the noble Baroness, Lady Benjamin, that is exactly the reason this board has been set up: to bring everything together to address the complex needs of the young people we are addressing.
I assure noble Lords that we are funding a number of family-finding, befriending and mentoring programmes. These help looked-after children and care leavers to identify and connect with important people in their lives and create safe, stable, loving relationships. The family-finding, befriending and mentoring programme is being evaluated, and this will help to inform decisions about the future of the programme. From personal experience, the school that two of my grandchildren go to works on the restorative practice model. If noble Lords have not come across it before, I suggest having a look at how it works and how young people can learn at the youngest age how to form relationships and how to express their needs in a coherent and structured way, which can then inform all the complex issues that they will reach going through their lives.
Baroness Barran (Con)
Before the noble Baroness moves on, I am not clear about something. The specific recommendation from the National Network of Designated Healthcare Professionals is to have this extended GP appointment. The noble Baroness has now amended my amendment to make sure that it is at a convenient time. I just was not clear whether she said it would take time to produce the statutory guidance that will underpin all the corporate parenting responsibilities. However, as regards putting something—I am going to get the terminology wrong, so forgive me—into the kind of agreement with general practitioners, so that part of their contract is to offer this extended appointment as children young people leave local authority care, I was not clear whether the noble Baroness thought that was a realistic option, with the tweak of it being at a convenient time.
Baroness Blake of Leeds (Lab)
I thank the noble Baroness for picking me up on that commitment. This is quite a detailed ask, but it is absolutely realistic that this is a new departure going forward and there will need to be consultation and everyone coming together to make sure that the statutory guidance is deliverable and works. However, I am happy to write to the noble Baroness with more specific detail on that area as we move forward.
Amendment 130, in the name of the noble Baroness, Lady Tyler, seeks to extend the provision of Staying Put to age 25. We have discussed this at great length and I am no clearer as to why this is in this group of amendments rather than one of the others. So, without repeating the arguments, I will just say that the rationale is that we cannot commit off the top of our heads to effecting fostering arrangements without recognising that there will be a knock-on impact of change on the whole area of the foster care market, as it were. Any changes in this area are sensitive and have to be taken in the round.
However, the most important thing that we have to address is that too many young people who have come through the route into independent living from residential care, for example—who often, as I said earlier, have the most complex needs—will be a priority area in terms of addressing the support that they do not have because they have not entered the foster care route. So, we are keeping an eye on all of this through the introduction of statutory Staying Close duties, making sure that all former relevant children under the age of 25, including those who are still in a Staying Put arrangement, as well as those who have left it, will be provided with Staying Close support where their welfare requires it.
Amendment 153, in the name of the right reverend Prelate the Bishop of Chelmsford, would require public bodies, when carrying out equality assessments, to consider the needs of people who are or have been in local authority care. We know that looked-after children and care leavers face stigma and discrimination and we are determined to tackle this. There has been effective and passionate campaigning, with many local authorities taking positive action as a result.
Amendment 183A, tabled by the right reverend Prelate the Bishop of Manchester, seeks to enable care leavers to claim the higher over-25 rate of universal credit. Although he is not in his place, his amendment is an opportunity to revisit this: I was at the Dispatch Box at Second Reading of his PMB on this subject. Just to emphasise what we have already said, the Government recognise the considerable challenges that care leavers face and remain committed to supporting them. However, we do not believe that this amendment is necessary.
The Government have recently announced the first sustained increase to the universal credit standard allowance, and, while under-25s receive a slightly lower rate, additional elements are available, including for housing costs, to help them to live independently, and towards their living costs. They may also be eligible for universal credit elements, including for children, childcare costs and disability. Under-35s who are single and renting in the private rented sector and claim either housing benefit or universal credit can receive help towards their rental costs via the shared accommodation rate of the local housing allowance. Single care leavers under 25 may qualify for the one-bedroom local housing allowance. Discretionary housing payments administered by local authorities can be paid to those entitled to housing benefit or the housing element of universal credit.
The Government have extended the household support fund by a further year, from 1 April 2025 until 31 March 2026. I would emphasise the work that the DWP is doing in this area: its objective to help care leavers into long-term employment is the key to supporting their independent living. This is why we are focusing on providing access to the right skills and opportunities for sustained employment and career progression. Therefore, with all of those considerations, I kindly ask noble Lords not to press their amendments.
Children’s Wellbeing and Schools Bill
Debate between Baroness Blake of Leeds and Baroness Barran(6 days, 17 hours ago)
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Baroness Barran (Con)
My Lords, I will speak very briefly to this group of amendments. The noble Lord, Lord Watson, again reminded the Committee that vulnerable children in the care of a local authority do not always receive the care that they deserve. We should never lose sight that that should be our goal. My noble friend Lady Spielman put it very well in her remarks and I will pick up on what she said. Local authorities understand their duties in this area. The noble Lord himself cited some of the legislation and guidance on the spirit of their responsibilities. The question, as ever, is around implementation, and I share my noble friend’s concerns about adding yet another duty to local authorities.
Baroness in Waiting/Government Whip (Baroness Blake of Leeds) (Lab)
My Lords, I will speak to the single amendment in this group, Amendment 69AB, in the name of my noble friend Lord Watson of Invergowrie. I reflect the concern that has been expressed about the care and support that some of the most vulnerable children receive. The noble Baroness, Lady Barran, acknowledged that too many children have been let down over the years, and I believe that this Bill is a real opportunity to set things on a more constructive path.
I recognise that the amendment has been tabled to add a legislative requirement to ensure that the nature and level of parental care that families strive to provide for their own children is provided by local authorities for looked-after children. A local authority is a corporate parent in two senses: first, it has corporate parenting duties; and, secondly, it stands in the parents’ shoes, having parental responsibility for the children in its care.
As I said, I wholeheartedly agree with the amendment’s goal, and we want to ensure that our looked-after children received the highest possible quality support. However, existing legislative and regulatory frameworks mean that local authorities should already care for looked-after children as good parents would. Sections 22 and 22A of the Children Act 1989 already set out the duties owed by a local authority to any child who is looked after by it. These include duties to provide accommodation for the child, to safeguard and promote their welfare, to promote their educational achievement and to help them access a range of services. I notice that the noble Baroness, Lady Spielman, is giving me a look, but I did check that that is indeed the case.
Baroness Blake of Leeds (Lab)
My Lords, I appreciate noble Lords’ concerns about ensuring that children grow up in safe, stable and loving homes within their family network. I reaffirm that the Government are firmly committed to enabling children to remain safely with their family whenever it is in their best interest, and, alongside that, to removing unnecessary barriers that may prevent this from happening. I recognise the assessment of the noble Baroness, Lady Evans, of the contribution of kinship carers, which adds to our debates earlier in Committee.
I turn to amendments relating to the removal of unregistered status and requirements under fostering regulations for kinship carers: Amendments 73, 75 and 76A, tabled by the noble Baroness, Lady Barran. We agree with the noble Baroness that we must tackle the barriers that currently make it harder for people to become kinship carers. We fully appreciate that that process of becoming a formal kinship carer can feel intrusive or burdensome at times, and we recognise that there is room for improvement in how these assessments are carried out. It is vital that they are conducted in a way that is supportive, respectful and sensitive to the unique circumstances of kinship families. At the same time, these assessments play a crucial role in ensuring that children are placed in safe, stable and nurturing environments. They also help local authorities identify the right support for carers so that they are not left to manage alone. Getting this balance right is essential.
Whenever a child can no longer live safely at home with their parents or anyone else with parental responsibility, the local authority has an obligation to complete a robust safeguarding assessment. The approach to doing this is set out in the Care Planning, Placement and Case Review (England) Regulations 2010 and the Fostering Services (England) Regulations 2011. Removing these assessments, as suggested by Amendments 73 and 75, risks undermining the assurance of the safety and well-being of children moving into kinship care arrangements.
However—to address some of the concerns that have been raised—the kinship care statutory guidance makes it clear that fostering panels should not make negative recommendations solely based on prospective kinship foster carers not meeting the fostering national minimum standards during the assessment. If the placement aligns with the child’s best interests, the prospective kinship foster carer should still be considered for approval to foster the child and then supported by the fostering service to attain the standards. Statutory guidance recognises that the assessment of kinship foster carers may differ from that of mainstream foster carers. Local authorities are permitted to adopt a tailored approach in presenting assessment reports for kinship carers, taking into account the unique dynamics of family relationships, safeguarding considerations, accommodation suitability and any relevant criminal history. Additionally, fostering panels reviewing kinship care applications are expected to include members with specific expertise in kinship care to ensure informed decision-making.
Regarding Amendment 76A, in the name of the noble Baroness, Lady Barran, specifically, the requirement for temporary kinship foster carers to be fully assessed as a foster carer is not a barrier but an important safeguard. It ensures that the placement is not only safe in the short term but sustainable and well supported in the long term. Under Regulation 24 of the Care Planning, Placement and Case Review (England) Regulations 2010, local authorities may grant temporary approval for a connected person to care for a looked-after child for up to 16 weeks, where it is necessary to place the child urgently and the carer has not yet been fully assessed. This provision allows for flexibility in emergencies, but it is time-limited by law to protect the child’s welfare.
Temporary approvals are intended to facilitate urgent placements but must be followed by a full assessment to ensure that the child’s needs are met and the carer is properly supported. This includes a thorough evaluation of the carer’s capacity to meet the child’s needs in the long term; ensuring that the carer receives the same entitlements as mainstream foster carers, including financial support, training and an allocated social worker; and establishing a clear and stable care plan for meeting the future needs of the child. Removing this requirement unnecessarily increases the chances of a breakdown in the kinship placement. This is because it removes important safeguard checks for children placed with a kinship foster carer and removes an opportunity for the services to build a clear understanding of the kinship foster carer’s strengths for tailoring the right support—resources that are vital to enable carers to provide safe and effective care.
It is important to recognise that kinship foster care is not the only route to kinship care. Many children are successfully supported through other legal arrangements, such as special guardianship orders or child arrangements orders, which can offer greater stability and permanence outside the care system. These routes can be less stigmatising and more empowering for families, and we are committed to ensuring that all kinship carers, regardless of legal status, receive the support that they need.
On this basis, and reflecting on the comments that have been made, I kindly ask the noble Baroness to withdraw her amendment.
Baroness Barran (Con)
I thank all noble Lords who contributed to this debate. I must say that I was a bit more optimistic about the noble Baroness’s response because none of these amendments would cost the Government any money. They simply seek to improve the system that, as we have heard from practitioners and others—including my noble friend Lady O’Neill, who deals with this on a daily basis—is not working as well as it could. The noble Lord, Lord Meston, rightly raised in his remarks the position of the Law Commission review. There is no reason that one could not sunset these clauses if, in however many years’ time, the Law Commission comes forward with a more coherent plan.
Forgive me if I missed it, but I was not sure that I heard responses to my Amendments 74 and 76. Maybe the noble Baroness and I can both look at Hansard and double-check.
On Amendments 73, 75 and 76A, the noble Baroness said that these need to feel like supportive assessments for foster carers. The point really is about finding the balance between the familiarity and security of someone you have known all your life versus any shortcomings that they might have personally, where they live, or any of the points I raised earlier.
In reality, we know that directors of children’s services are having to make choices today to leave children with a kinship carer where they judge that the fostering panel would not exercise the discretion that the noble Baroness outlined, thereby putting themselves in a pretty impossible position vis-à-vis Ofsted. No director of children’s services wants to be in that position.
In relation to Amendment 75, we need to take great care over approval, but the point of Amendment 75 is that the family group decision-making process has already agreed that the kinship family or the member of the child’s extended family is suitable to care for them. The question is why we have to do that twice.
I will go away and reread what the noble Baroness said about temporary placements—I think that that may have been more reassuring. I did not pick up, and forgive me if I missed them, her remarks on the other two amendments, particularly Amendment 74, but we can follow that up separately.
The only other thing I would challenge, with respect—I know that the noble Baroness has enormous experience from her previous roles—is that I do not think one can describe either a child arrangements order or a special guardianship order as more secure and more stable, certainly in relation to parental responsibility. They are not as secure or stable as other alternatives.
We all want the same thing. I thought that these amendments were a simple, constructive way of taking steps forward on some of the things that have been flagged as the most problematic from the point of view of practitioners and leaders. I hope that the noble Baroness will go away and reflect on that. In the meantime, I beg leave to withdraw the amendment.
Young People’s Media Literacy
Debate between Baroness Blake of Leeds and Baroness Barran
Baroness Blake of Leeds (Lab)
I am grateful for that question. The scope of the review has been one of its real strengths and benefits, and we all look forward to its conclusions and recommendations. This is such a large question in terms of assessment and how skills are judged and taken forward for young people. We need to have a much more holistic approach, as the noble Lord suggests.
Baroness Barran (Con)
My Lords, the noble Baroness just finished with the words “holistic approach”, and the evidence of the impact of parental screen use on children is growing daily, whether that is on very young children, with delayed language development and social skills, or whether it is on teenagers accessing online materials. Without effective communication with parents about screen use, surely any school efforts are doomed to failure, or at least to be less successful. So what plans do the Government have for a public health campaign on this, directed at parents?
Baroness Blake of Leeds (Lab)
When I received the briefing for this, my first question was about parents—and, if I can express an interest, grandparents too. That is a very serious point, because so many young children are now looked after by their grandparents and older relatives. It is absolutely imperative that we address the issues, as the noble Baroness suggests. A report mentioned the number of children going to school who have never held a book, for example, and how we deal with that. On another point, in my experience a lot of schools are setting up parental groups to help schools navigate this difficult area. There is a strong recognition that, without parents’ engagement, helping to recognise the dangers and opportunities, we will not get as far as we need to.