Looked-after and Adopted Children

Baroness Butler-Sloss Excerpts

Tuesday 28th January 2020 Lords Chamber

[Lord Agnew of Oulton]

My Lords, we certainly do not tolerate the failure of children’s services and local authorities. We have made a great deal of progress over the last five or six years. For example, Birmingham was a failing children’s services institution for 10 years but is now out of that. Likewise Doncaster, where we created a trust, is now greatly improved.

[Baroness Butler-Sloss (CB)]

My Lords, as a former family judge, I am well aware of the very considerable problems that many adopted children and their families have in settling together. What will the Government do to help adoptive families and adopted children when there are mental health and other serious issues?

[Lord Agnew of Oulton]

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

Schools: Excluded Children

Baroness Butler-Sloss Excerpts

Monday 27th January 2020 Lords Chamber

[Lord Agnew of Oulton]

The noble Lord raises a very good point and is correct that the Timpson review made a number of recommendations that we accepted. Work is ongoing to look at the feasibility of its implementation, and we will make announcements on that shortly. On an expelled child being rated back to the school from which he or she was removed, in theory it is a very good idea, but we need to be careful because it will obviously depend on the quality of the provision where he or she was sent, and it would not be right for the referring school to be penalised. More active thinking is going on with our larger academy trusts about creating their own APs so that they own the problem. In the longer term, this is probably a more useful solution, as it means that the system is better joined up.

[Baroness Butler-Sloss (CB)]

My Lords, some of these children have mental health problems. What are the Government doing about delays with CAMHS?

[Lord Agnew of Oulton]

The noble and learned Baroness is right that mental health is a more prevalent issue among these vulnerable children. In our Green Paper Transforming Children and Young People’s Mental Health published in December 2017, we made various commitments, including the creation of mental health support teams and 25 trailblazer sites delivering 59 mental health support teams by December 2018. Those teams are expected to complete their training by the middle of this year and will be fully operational following it. A further 123 mental health support teams will be introduced in 57 sites over the next 24 months.

Children in Public Care: Unregistered Accommodation

Baroness Butler-Sloss Excerpts

Monday 4th November 2019 Lords Chamber

[Lord Agnew of Oulton]

My Lords, as I said in answer to earlier questions, we are very aware of this sensitive area, but we are providing additional support. For example, we have a £40 million capital grant programme to increase the number of beds in secure children’s homes, and we have a number of initiatives on a regional basis. We are supporting: Havering to create a sub-regional approach to commissioning residential placements; Croydon for sub-regional commissioning for looked-after children across eight south London boroughs to increase patient choice: and in Essex, there is an initiative to set up alternatives to residential care by providing targeted support to those on the edge of secure care.

[Baroness Butler-Sloss (CB)]

My Lords, I have some experience of the situation in which a child is sent from one local authority to another and there is a gap in information. Is the noble Lord aware of that, and can he do something about the situation in which the local authority from where the child came loses interest and the new local authority does not know sufficient about the child?

[Lord Agnew of Oulton]

As the noble and learned Baroness will know, all local authorities are subject to Ofsted inspections on the level of social care that they provide, and these are the sorts of issues that are addressed. Indeed, officials from my department met the Ofsted National Director for Social Care only today to discuss issues of this kind.

Vulnerable Children

Baroness Butler-Sloss Excerpts

Thursday 14th December 2017 Lords Chamber

[Baroness Butler-Sloss (CB)]

My Lords, I also congratulate the noble Baroness, Lady Dean, not only on her excellent speech but on securing this extremely important debate. I refer to my entry in the register of interests on the issues of trafficking and slavery.

I want to deal with two smaller groups of children who are especially vulnerable: children trafficked into this country and children trafficked within this country, both British and foreign. Foreign children under 18 are trafficked into the United Kingdom. The statistics on those who have gone through the national referral mechanism show that one-third of all identified children—1,278—were victims. Interestingly, the numbers showed 103 in domestic servitude, 468 victims of labour exploitation and 362 victims of sexual exploitation; there were 742 boys and 536 girls. But this is only the tip of the iceberg, as the police particularly know. Many more are undiscovered.

We know that local authorities are overstretched and underresourced. They take these children into care, as far as they are able to, but they do not take them very far. As has already been said, children go missing, but trafficked children particularly go missing from children’s homes, where no doors are locked and their mobiles are not removed. They get in touch with their traffickers and they are then taken and lost.

One particular group of children—Vietnamese children—go missing immediately. They go straight to their trafficker and are locked in a cannabis farm in residential accommodation. The most recent figure I have heard was that there are something like 8,000 such residential places across the country, of which 4,000 are in London, where cannabis plants are grown and the cannabis exported—we do not import cannabis anymore—and these boys under the age of 18 are locked in. It is especially worrying that they are very often being treated by the Crown Prosecution Service as offenders, not as victims, despite being locked in and ill-treated.

To give one shocking case as an example, a Vietnamese boy of 15 was in the dock with the adults, because he had gone through the reasonable grounds of suspicion that he was a victim but the CPS did not accept that—there have to be positive grounds. The local authority treated him in care as a victim; he said that he had been trafficked and beaten; and it was not until the very week of the trial, with the boy in the dock with the adults, that at long last the CPS accepted that he was a victim and not a perpetrator. My goodness me, what was the point of us passing the Modern Slavery Act, which gave the protection of a defence for those under 18 who were victims and committed crimes? The CPS seems to have a very long way to go to recognise this. It did not get in touch with the local authority or ask about this boy. The CPS must rethink quickly on this unacceptable situation.

British children are also exploited. Let me remind your Lordships of Rotherham and Rochdale, where the girls who were groomed and sexually attacked were also trafficked: they were locked into rooms and not able to escape. If that is not trafficking, what is?

However, there is a new form of modern slavery called “county lines”. I have only recently learned about this, but it is truly shocking and increasing rapidly. Thousands of children are being picked up by gangs and taken to towns and cities a long way away from home. They are locked into rooms; they are carrying and peddling drugs; and, all too often, treated as offenders rather than as victims. They are controlled, abused and exploited. At long last, the National Crime Agency has realised that this is a very serious matter. There are something like at least 720 gangs which are taking these children across the country. There has been some Home Office funding but, much though I would congratulate the Home Office for doing that, this is an emergency and a great deal more needs to be done. These are very vulnerable children.

[Viscount Younger of Leckie (Con)]

My Lords, I remind the House that this is a time-limited debate and that speeches should be concluded as the Clock reaches five minutes. This is to allow Front-Bench speakers their maximum allotted time.

Schools: Gardening

Baroness Butler-Sloss Excerpts

Monday 24th April 2017 Lords Chamber

[Lord Nash]

The noble Lord makes a very good point. We are very keen to protect school land and school playing field land. There is a legal requirement on anyone holding public land which has been used for a maintained school or academy in the last eight years—or 10 years in the case of some playing field land—to seek consent from the Secretary of State. This will include land used not just for playing fields but for horticultural purposes.

[Baroness Butler-Sloss (CB)]

My Lords, the Ashden charity, of which my daughter-in-law is the chairman, gives awards for sustainable energy across the world, including in England. It gave an award to a primary school which dug up a small amount of the playground and planted vegetables. Does the Minister think that this ought to be encouraged?

Children and Social Work Bill [HL]

Baroness Butler-Sloss Excerpts

Ping Pong (Hansard): House of Lords
Tuesday 4th April 2017 Lords Chamber

The Government need to repair the damage done by sending out to parents the message, “We don’t trust you”, by replacing that with a different message based not on words but on substantive policy action.

[Baroness Butler-Sloss (CB)]

My Lords, I had not intended to speak, but an issue has been raised that I want to underline. I entirely support government Amendment 12 from the Commons. It seems to me very good sense and I therefore do not support the various amendments to the government amendment. One point in particular comes out from the warning given by the noble Lord, Lord McColl, about trust in parents and what the noble Baroness, Lady Tyler, said about the lack of proper education, with those who do not really know how to teach it in schools.

If Amendment 12 is to work, and I very much hope that it will, the Government must look with great care at the education of those who are going to teach this subject. If the schools continue to have a large number of people who are not properly educated to do so, the point made by the noble Lord, Lord McColl, about the trust of parents will be entirely lost and the benefit of Amendment 12 will itself be lost.

[Lord Watson of Invergowrie (Lab)]

My Lords, we are approaching the final destination of the “Magical Mystery Tour” which has been the Children and Social Work Bill. The Minister is of an age that he will understand the allegory. Indeed, it was 50 years ago this month that that song was recorded. It is not quite as long as that but it is still quite a time since the Bill was introduced to your Lordships’ House. Indeed it is sobering to consider the changes to the political landscape in the 11 months since then. David Cameron was Prime Minister, Nicky Morgan was Secretary of State for Education and the Minister himself was assisted on the Front Bench by the noble Baroness, Lady Evans of Bowes Park—all of whom have now departed, although only one is pleased to have done so.

It would lengthen this debate considerably, and I am not going to do it, if I were to list the various amendments to the Bill secured by opposition parties and Cross-Benchers in your Lordships’ House; only one of them required a vote, albeit on the most contentious part of the Bill—the original Clause 15 under the somewhat euphemistically named heading, “Power to test different ways of working”. I do not propose to open that for debate this afternoon but, given that the Government have chosen not to reinsert the clauses that were taken out in your Lordships’ House on Report, what does the Minister feel has changed between his impassioned speech against deleting the clauses on Report in November and the Government’s decision not to attempt to reinsert them?

In relation to Amendment 12F in my name, the intention was to ensure that the Government accepted the recommendation of the Delegated Powers and Regulatory Reform Committee in regard to guidance and regulations. The response from the Minister to the committee chair, the noble Baroness, Lady Fookes, who was on the Woolsack until a few moments ago, was received yesterday by noble Lords. It does and does not meet those recommendations, I would say. Indeed, it indulges in some rather tortuous syntax in doing so. Not all regulations relating to the new provision will be subject to the affirmative procedure. We now know that amendments to existing legislation will be subject to that procedure but that regulations that do not amend primary or secondary legislation will not be. Nevertheless, in what appears to be a confusing—some might say contradictory—statement, the Minister’s letter goes on to say: “In practice, the affirmative procedure will apply to all regulations which we will be making to establish the new regime”.

It would be most helpful if the Minister would clarify what “in practice” means because either it is affirmative or negative. I am not aware of a halfway house. If it is the Government’s intention that what they call the new regime should be in the affirmative procedure then why not just say so? The Minister’s letter has just about done enough to satisfy me on Amendment 12F, but it would have been helpful had it been more clearly worded. The Minister stated to noble Lords in his letter of 13 March that he expected the guidance to be published early in 2018. We hope that he will meet that deadline and ensure that it is updated regularly as becomes appropriate.

It goes without saying that we very much welcome the inclusion of Commons Amendments 12 and 13. In my 18 months of facing the Minister at the Dispatch Box, I have on several occasions raised the need for sex and relationships education and personal, social, health and economic education to be formally part of the curriculum—not nearly as often, of course, as my noble friend Lady Massey, whom I was very pleased to hear complimented on her hard work on this over a long period. The response from the Minister was that it was not the availability but the quality of PSHE teaching that mattered and that it was important that all children have access to high-quality teaching—something that the Government did not believe would be achieved simply by statute. There was pressure from noble Lords in all parties and an Education Select Committee report in 2015 was unequivocal in its recommendation. In Scotland, sex and relationships education was already part of the curriculum, yet it seemed that nothing would convince the Government to alter their position on this, although we were always assured that it was “under review”—as all government policy should be at all times.

I have no doubt that a change of Secretary of State played an important part, but it took a cross-party effort and the involvement of the Women and Equalities Select Committee in the other place to build sufficient support and momentum behind the issue. I commend both that committee and Ministers for the fact that this has resulted in the new clauses proposed by Amendments 12 and 13 being inserted in the Bill. The amendments place a duty on the Secretary of State to make relationships and sex education a statutory requirement through regulations and give her power to make personal, social, health and economic education a statutory requirement in all schools. The fact that this includes state-funded and independent schools in all cases is also to be welcomed.

I have some questions for the Minister on the amendments. It is, of course, correct that the provisions will ensure that the education provided to pupils in relationships education and RSE is appropriate to the age of the pupils and their religious background. This issue has been touched on quite a bit in relation to the Equality Act and the noble Lords, Lord Paddick and Lord Storey, and the noble Baroness, Lady Walmsley, all dealt with aspects of it. I echo the comments made by noble Lords in relation to the Roman Catholic Church. The Catholic Education Service has been quite progressive on this matter and has been in touch with noble Lords setting out its clear support for the proposals, which I welcome. However, it is feared that some faith schools may seek to circumvent the legislation by teaching that same-sex relationships are somehow wrong or sinful. I was encouraged by the Minister’s comment on the Equality Act in his opening remarks and his assurance that all details will be covered by regulations debated in both Houses. A lot of people will take comfort for having that on the record as this legislation enters the statute book.

Ofsted’s role under this legislation will be no less important. Will the Minister give assurances that Ofsted will have the necessary resources—including additional ones if necessary—to allow it to make sure that the new legislation is adhered to? This is particularly important in regard to sexual offences in schools, some 5,000 of which were reported to the police by UK schools over the three-year period to 2015. Of these, 600 were rape, which seems barely credible, but this is what the police report. As we have heard, many boys are learning about sex from online pornography and some schools are failing in their legal obligation to keep girls safe. The Minister will, no doubt, agree that Ofsted must include these issues in its inspections and this should be set out clearly in the inspections handbook. Can he confirm that that is the case?

With the exception of the noble Lord, Lord McColl, noble Lords were broadly, if not completely, behind the Government’s amendments. I disagree with the case made by the noble Lord, Lord McColl, although it was well argued. I do not see this legislation as being in place of parents—it should complement what they are doing. At the moment, parents will be handling sex education in the way they believe is appropriate, but for many it is an extremely difficult subject to tackle. Many noble Lords will have been in that position themselves some years ago and it has not changed. It is essential for schools to ensure that all pupils learn about safety in forming and maintaining relationships, the characteristics of healthy relationships and how relationships may affect physical and mental health and well-being. Research by the charity Barnardo’s, which works with victims of sexual exploitation, has revealed that many who were groomed to be sexually exploited were not always aware that they were being manipulated or coerced for sexual purposes. These issues have to be taken into account but they are in areas where many parents fear to tread.

There are many aspects of harm to young people which we hope the new legislation will at least alleviate. However, there must be an ongoing campaign to bring as much information to young people at the earliest appropriate age for their own safety.

Brexit: Gibraltar

Baroness Butler-Sloss Excerpts

Tuesday 21st March 2017 Lords Chamber

[Baroness Butler-Sloss (CB)]

My Lords, it is always a great pleasure to follow the noble Lord, Lord West of Spithead, who, I notice, has been engaged in something of a marathon with this, his second speech this evening.

I first went to Gibraltar in 1949 as a teenager with my father, and I have been going there ever since. I very much admired the report produced by the committee chaired by the noble Lord, Lord Boswell, as well as his very valuable speech at the beginning of this useful debate. I am a vice-chairman of the Anglo-Gibraltar parliamentary group, of which I am proud to be a member.

Gibraltar, as we all know, has a special position as part of the European Union—but, as we also know, is set to leave. It is staunchly British in its support of the United Kingdom and is a thriving centre of excellence, despite Spain’s constant interference and incursions, which the noble Baroness, Lady Harris, mentioned. It is abundantly clear that during the Brexit negotiations and post Brexit we must publicly and effectively support Gibraltar in all the situations that may arise in which that will be necessary, including continuing threats from Spain. The Government have, I am glad to say, promised again and again to do so, and they must carry out their promise. That is something that others have said, and I just follow.

I would also like to speak briefly about something completely different—the Criminal Finances Bill, which I think has its Committee stage next week. Gibraltar, which is potentially affected by it, is happy with the intentions of the Bill, but is understandably concerned about possible amendments. Some were tabled in the Commons, but fortunately they were unsuccessful.

Gibraltar has a commitment to transparency in the financial services sector, and is used as an example for other jurisdictions. It is committed to the central register of beneficial ownership under the EU anti-money laundering directive; it works closely with the United Kingdom Government on financial issues; it has an excellent record on the exchange of information, recognised by the OECD; and it has the same rating on that as the United Kingdom. I am sure that we in this House all hope that Gibraltar will remain a strong financial centre, whatever may happen in the future.

I must therefore tell Members of this House that it is very important that inappropriate amendments, which are being suggested by some Members, should not be allowed to have any adverse implications for Gibraltar. This measure must not be allowed to be to the detriment of Gibraltar. I therefore ask your Lordships to watch what any amendments tabled to the Criminal Finances Bill actually say. We must be sure that they are not passed—because if they are, there will be an opportunity for Spain to denigrate Gibraltar’s financial services, which would obviously be to the detriment of Gibraltar. We must not allow Spain that opportunity.

Higher Education and Research Bill

Baroness Butler-Sloss Excerpts

Report: 2nd sitting (Hansard): House of Lords
Wednesday 8th March 2017 Lords Chamber

To come back to something said by the noble Lord, Lord Lipsey, if we are doing this on the benchmarking scheme, a lot of those who will be awarded bronze do not deserve to be. They are good, but they are just not quite as good as their peers. It appears weird to set out a national system of quality and to say to the world at large, “These are rubbish universities” just because they are not quite as good as their peers. I hope the Government will step back from this.

[Baroness Butler-Sloss (CB)]

My Lords, I wonder whether I could tell your Lordships’ House a story, which follows on entirely from what the noble Lord, Lord Lucas, has said. I was chancellor of the University of the West of England and took a group of professors to China. We went to prestigious universities and to some that were less so. I met the deputy Minister of Education. Everybody in China was with us; we were about to do all sorts of work. However, an assessment came out that showed that, according to the Times, we were below the 50 number. China said that it would not work with any of us and so we retreated. That is exactly what the noble Lord, Lord Lucas, has said in relation to those who might be bronze. It really will not do. We had already been working with China in the various universities, including the University of Peking and the University of Tsinghua in Beijing, but because of our rating, which came out after we left, we no longer did business with them.

[Lord Winston (Lab)]

I, too, support this group of amendments. Rather bizarrely, just as this debate started—it is not because he knew that I was sitting in the Chamber or would be talking about higher education—I had an email from Professor Colin Lawson of the Royal College of Music to tell me that the Royal College of Music has just been rated second in the world for music education. He says, “Notwithstanding my disdain for these rankings, this is something I am very pleased with”.

There is a real issue here. To follow up on what the noble Lord, Lord Lipsey, said, it is utterly ridiculous to suggest that you can assess arts teaching by this kind of approach of rankings. Music is interpreted in all sorts of ways. Just as art colleges are rather similar—I believe that drama colleges are as well—all sorts of endeavours such as this cannot be rated in the way that the Government propose. This is extremely dangerous, particularly for the conservatoire, which attracts a large proportion of its students from Asia and depends very much on them.

Perhaps I may briefly declare an interest. I am professor of science and society at Imperial College. The reason I was not involved so much in Committee is that I had been teaching in schools on behalf of the university in Lancashire, Yorkshire, Derbyshire, Lincoln and Avon in the same week as the Committee stage and trying to get back to London in time on the train service, which is rather difficult. We teach practical science in the reach-out lab and have had PhD students coming through assessing the teaching. It is very clear that it is one thing to be able to assess learning, but teaching assessment is extremely complex. None of the ways in which we are doing this at the moment is nearly adequate. It is a major problem, because if we get it wrong the risk of damage in these cases is massive.

I shall give just one example, because I recognise that this is the Report stage. Some years ago, on two occasions, I ran a free communications course for students at Imperial College. The courses lasted for one and two days, students signed up on a first come, first served basis, and they were massively oversubscribed because undergraduates wanted to learn how they could communicate their science better. What was really interesting—I do not say this in my favour—was that the British and EU students almost universally gave us a rating of nine or 10 on the assessment of the course afterwards. The Chinese and other Asian students were not giving us anything like that rating: they gave us four, five or six, averaging about five. The reason for this, when we did a questionnaire with them, was that, unlike the British students, they said, “This is not going to get me a job anywhere; this is not going to be of any value to me commercially”. Yet, of course, in terms of the education of a student, it is vital.

I beg the Government to think about this rating system extremely carefully. If we get this wrong, we will damage not only the very top universities but other universities that are coming up at present. That would be a disaster for the United Kingdom and for our education.

Higher Education and Research Bill

Baroness Butler-Sloss Excerpts

Report: 1st sitting: House of Lords
Monday 6th March 2017 Lords Chamber

[Lord Judd (Lab)]

My Lords, I strongly support my noble friend, but for a slightly different reason. It seems to me that we have gone an awfully long way towards making universities part of the market, and I believe that we have to get back to the conviction that a good university is a community of scholars. Students are not clients, they are members of a university community, and divisive titles of this kind play into the hands of a very sad trend in our university life. We have to get back to the concept that a student joins a community and participates in that community and does not just use it as a facility to provide them with a future.

[Baroness Butler-Sloss (CB)]

My Lords, Office for Students is a particularly dreary title. I also agree with the noble Baroness, Lady Garden, that “standards” would be better left out—but none the less, I support this amendment.

[Baroness Blackstone (Lab)]

My Lords, I, too, will get up very briefly to support the amendment. I recognise it is a lot of work for parliamentary draftsman because “Office for Students” appears about 100 times or more in the Bill as it is currently drafted, but it would give a clearer indication as to what this body is about. It is not just an office for students, as if it were an ombudsman responding to students’ needs or problems or even dealing with student finance; it is a much broader institution, which will look at the way in which higher education should operate, both as a regulator and as an instigator of new ideas, in discussion with universities, not just with students. For all those reasons it would be very good if the Government could think again about this and come back with a better title.

Technical Education and Apprenticeships

Baroness Butler-Sloss Excerpts

Wednesday 7th December 2016 Lords Chamber

[Viscount Younger of Leckie]

The noble Baroness makes a very good point. Parents have an important role, particularly with young people—we know that teenagers are not always the most communicative of individuals. Early on, parents have a role to inspire. That is why the Get In Go Far campaign has a role for parents as well. It is accompanied by advertisements on TV and it is clear that parents as well as their children are looking at this. Since August 2016, the campaign has resulted in more than 125,000 people starting an application for an apprenticeship.

[Baroness Butler-Sloss (CB)]

My Lords, we are about to embark on what may be a lengthy discussion of the Higher Education and Research Bill. Will the Government make it clear that they treat colleges of further education as of equal importance to the higher education that we will be discussing?

[Viscount Younger of Leckie]

That is certainly right. We know, for example, that the number of learners in further education studying for qualifications at level 4 and above has gone down by 3,800. This was partly because there was, perhaps, a little too much emphasis on the higher education side. A balancing out is needed and our advertisements, and our work with parents, schools and the university technical colleges—which I suspect my noble friend Lord Baker is about to ask me about—are playing a part.