Children’s Wellbeing and Schools Bill Debate
Full Debate: Read Full DebateBaroness Cass
Main Page: Baroness Cass (Crossbench - Life peer)Department Debates - View all Baroness Cass's debates with the Department for Work and Pensions
(1 day, 10 hours ago)
Lords ChamberMy Lords, I urge my noble friend the Minister to look at the amendment and think carefully about what the Government could conceivably do. I honestly think that anyone who has met Ceri, Frances or both of them could do nothing other than to say that we really need this, urgently. I will speak only briefly. When I met Ceri this week, he was delighted to say that Brentford Football Club, as an employer, is already taking this on and doing something about it. Clearly, there are people who feel that this is not just urgent but a matter of decency and humanity. We should find a way of doing something about it.
Baroness Cass (CB)
My Lords, I was not intending to speak to the amendment, but I also met Ceri this week, and it was a privilege to talk to him. I had not heard that part of his story until my noble friend Lady Grey-Thompson told us about it.
I recently stepped down as a trustee of the children’s hospice Noah’s Ark, in Barnet. When I think about the support that families get there—not just during the course of their child’s illness and while they pass away but support for siblings, and the ability, through the Butterfly Suite, to be with the child they have recently lost for a number of days thereafter, through to follow-up and bereavement support that hospice staff provide, as well as advice on benefits and access, which might be crucial to the well-being of those parents —I am struck by the stark difference. That support is provided by charitable funds. It should not be that way. This is a postcode lottery. We have responsibilities to this group of families, who fight so bravely by themselves but who need our support and that holistic wraparound care.
My Lords, I strongly support Amendments 99 and 101, in the name of the noble Baroness, Lady Barran. These are designed to tackle the sad and difficult problem of successive removals of children and babies from their parents, in particular from their mothers.
When a child is removed permanently under a court order, typically, a number of things can happen, and, indeed, not happen. The court which made the care order and consequent order for placement for adoption will have no further involvement. The local authority which brought the case may well have little or no further engagement with the birth family, who will receive no more attention and support, at least until there is another pregnancy, by which time it can be too late to address the underlying problems.
The mother, probably traumatised, may react to the first removal of a child with a bad decision to have another child, in the hope, rather than the expectation, that things will turn out better next time round, which is unlikely to occur. The mother and the father, if identified, will have become mistrustful of the local authority social workers and feel stigmatised and unwilling to seek or accept help. The mother may become hard to reach and may not reveal the next pregnancy until the last minute. Her underlying problems, by then, will not have been addressed; indeed, they may have become compounded.
Unless there has been some significant and unexpected change, the local authority will have no alternative but to start new care proceedings for the new child, usually with the same bad outcome as before. Speaking as someone who has had to deal with these cases, I know that those representing the mother and the court will struggle to find any real improvement or anything else to distinguish the case from that of the previous child. These are truly the most wretched cases for any court to deal with.
The charitable organisation Pause has considerable expertise in this area and has evolved a model of preventive support to break the cycle of repeated pregnancies and recurrent removals. The Nuffield Family Justice Observatory and others have had valuable input into this problem and highlighted the statistics. One in five care proceedings are repeat proceedings. The repeat proceedings are more likely to involve babies, and almost half of all newborn babies subject to care proceedings are born to mothers who have had a previous child removed. Indeed, it is quite likely that the mother herself will have been in the care system not so long before. The additional financial cost to local authorities for care proceedings and consequential adoption proceedings, and the support required to pay for foster care and adopters, is enormous. The human cost, obviously, is unresolved misery and grief.
Amendment 99 would require local authorities to provide post-removal support where there is a risk of further removal, based on the Pause model of specialist focused and intensive support. Some local authorities do this work, but it should be universal. It has been suggested that, for every £1 spent, £4.50 would be saved in the next four years. However, some local authorities—understandably, given their constraints—are reluctant to look beyond this year’s budget. The Pause model does make a difference, and primary legislation can now make a real difference. That is the basis for Amendment 99.
Amendment 101 would provide for data collection, which would be a valuable aid to local and central government. Ironically, if Amendment 101 was agreed and Amendment 99 did not succeed, it would simply serve to highlight in the data which would be collected the support that should have been provided through Amendment 99. That opportunity should not be missed.
In Committee, the Minister was sympathetic and suggested that one way forward might be by way of family group conferencing, which is part of the structure of the Bill. Quite frankly, that would not be of particular value in these circumstances. The first set of proceedings probably would not have got to where they were if there had been a supportive family in the background, and it would, by then, be too late to prevent what had already become a further pregnancy. Therefore, I do not think that is the answer.
I have tried to avoid repeating points that were made in Committee. I simply quote the late Nicholas Crichton, a pioneering district judge:
“A family justice system that removes the fourth, fifth or sixth child from families without doing anything about the reasons for removal is a failing system”.
I commend Amendments 99 and 101 to the House.
Lord Nash (Con)
My Lords, I will speak to Amendments 92, 93 and 94A, in my name and those of the noble Baronesses, Lady Cass, Lady Benjamin and Lady Berger. As this is the first time I have spoken on Report, I should draw attention to my registered interests, particularly the fact that I am chair of a multi- academy trust and an investor in a number of companies, including tech and software companies.
I have three amendments in this group. Amendment 94A would raise the age limit for access to social media to 16. In fact, this amendment would do rather more than that; it would do five things. First, it would raise the age limit. Secondly, it would require social media companies to put in place highly effective age assurance—currently, many, if not most, social media companies have no really effective age assurance at 13. Thirdly, the amendment would direct the Chief Medical Officer to prepare and publish advice to parents and carers on the use of social media by children—so, if you like, the start of a public awareness campaign. Fourthly, the amendment would send a message that draws a line in the sand for parents, carers and others to use when discussing social media with children, which they are crying out for. Fifthly, it would allow 12 months for implementation.
We have reached an inflection point. We face nothing short of a societal catastrophe caused by the fact that so many of our children are addicted to social media. Many teenagers are spending long hours—five, six, seven or more a day—on social media. The evidence of the damage this is causing is now overwhelming. We have long passed the point of correlation or causation. There is now so much evidence from across the world that it is clear that, by every metric—health, cognitive ability, educational attainment, crime and economic productivity—children are being harmed. I have sent noble Lords an evidence document prepared by health professionals which sets out over 50 studies from around the world showing a clear link between excessive use of social media and harm to our children. Jonathan Haidt now calls this a “mountain of evidence”.
We are facing a health emergency confronting our children. Since 2016, there has been a 477% increase in children’s contact with mental health services, and eating disorders among 17 to 19 year-olds have risen sixteenfold. There has been a sevenfold rise in young girls admitted to hospital with eating disorders, and the evidence is clear that there is a strong link between this and the substantial increase in rates of ADHD, suicide, depression, anxiety and self-harm among teenagers with overexposure to social media.
Our teachers say that it is the number one cause of disruptive behaviour, and, in their view, it will be the biggest source of pressure for students in the future. Our children are turning up at school sleep deprived. It is clear that many are going to sleep in the small hours on many nights of the week. The NEU and NASUWT are in favour of raising the age limit to 16, as is the chief inspector Sir Martyn Oliver.
Social media is at the centre of county lines and radicalisation, so much so that, in 2025, the heads of MI5, Counter Terrorism Policing and the National Crime Agency issued a summer holiday warning urging parents to keep their children safe online. More young people than ever have been arrested in recent years for terrorism offences. Children are increasingly seeing real-life violent content, which only 6% of them initially look for. The evidence is clear that people who watch or discuss violent images are, unsurprisingly, much more likely to commit crime, including knife crime.
I know that some are concerned that a 16 age limit would be to the detriment of particular groups of often vulnerable children, but it is the most vulnerable children who are the most susceptible to influence by social media. The police who specialise in child sexual abuse material and radicalisation say that it is precisely the help forums for groups such as LGBTQ+, those with eating disorders, those with ADHD, et cetera, where the worst abusers hang out and target children.
Social media is being used extensively for sextortion. There are even widespread cases of children hosting live sex shows for payment from their bedrooms on social media. So-called com groups are using social media to trap vulnerable children in games such as cutting games, where the person who cuts the deepest wins; choking games, which have proved fatal; or even games which encourage rape or suicide. One survivor attested to having seen multiple suicides.
Polling demonstrates overwhelming support. The vast majority of parents—75% of adults, including 75% of Labour voters—support raising the minimum age to 16. Most strikingly, young people themselves recognise the harm: 78% of Gen Z say they would try to delay their child using social media for as long as possible. Polling published today shows that 60% of 16 to 24 year-olds—those who have most recently had the experience of social media as teenagers—support a 16 age limit. Over half of 13 to 24 year-olds say that social media is fairly or completely responsible for increasing misogyny or violence against women and girls.
There is global momentum for this. Australia has raised the age limit to 16 and Malaysia is doing so. Many other countries, including Denmark, France, Norway and New Zealand, are considering restrictions. In November, the European Parliament voted overwhelmingly for 16. Why 16? Because the teenage years between 13 and 15 are when teenagers are the most vulnerable to influence and have a very high risk profile. Some people call this a cliff edge. I do not see that. The amendment seeks merely to give teenagers a few more years to mature so that they can deal more effectively with social media, distinguish fact from fiction and exercise better judgment.
I know that some charities, including those involving bereaved parents, would like to see an approach which favours using the Online Safety Act and Ofcom more effectively. While we must try to improve Ofcom’s approach, the OSA catches harmful content only once it has been seen, often by children. With 70 million child sexual abuse images out there—and more being created every minute—beheading videos, et cetera, there is no way, even with the best will in the world, that all this content can be taken down and taken down fast enough. Our children will see it. We just want them to see it at a later age.
Nine bereaved families, many of whom are here today, wrote to the Prime Minister on Monday in support of my amendment. Of course, this approach would not deal with the grooming of children on social media channels. Others have proposed that we wait to see what happens in Australia, but what are we waiting for? We know our children are being harmed. We know that tech companies can put in place highly effective age assurance. That is what they are doing in Australia, with a high degree of accuracy—well above 90% at the initial age gate. By tracking the traffic and activity on social media, which they do for all of us, they can tell when a child has slipped through the net. There is a myth that children will get round age assurance, but that has grown up because hitherto there has been no generally effective age assurance at 13. There is concern that children will move to other sites. My Amendment 94A allows for these to be brought into scope. It also allows 12 months for implementation —plenty of time to learn from Australia.
This is going to happen. The only question is when. We have the opportunity to do it now, in this Bill. With every day that passes, more damage is being done to children. We must act now.
I turn to the Liberal Democrat amendments: Amendments 108, 94B and 94C. Well intentioned though they may be, they have been rushed out at the last minute. Surprisingly, in view of what the noble Lord, Lord Mohammed, has just said, they bring into scope Wikipedia, WhatsApp, Tripadvisor, all gaming apps, and many special interest and health forums, with no ability to exclude them; whereas my Amendment 94A has that facility, which would almost certainly be used. Amendment 108 has no enforcement mechanism if social media companies do not comply with the 16 year- old age limit.
Amendments 108, 94B and 94C seek to avoid scrutiny by your Lordships’ House and the other place on which apps are in or out and seek to delegate this function to Ofcom and the Children’s Commissioner, apparently sometimes acting jointly—I do not quite know how that would work—and acting on the basis of vague criteria, creating a huge amount of work for an already overworked body and massive scope for litigation. My Amendment 94A leaves that scrutiny firmly with Parliament. As well intentioned as these amendments might be, they are fundamentally flawed and, therefore, if they are sent back to the other place, as opposed to my Amendment 94A, it will be easy for the Government to knock them out on those grounds. My Amendment 94A has been well thought through and subject to scrutiny in Committee.
I turn to the Government’s proposal for a consultation, which they tell me will last for three months or so. First, the announcement of it on the eve of the vote is unfortunate. When will the actions arising from this consultation be published? We are still waiting for those in relation to the consultation on gender identity in schools nearly two years after the consultation closed —and that issue, complicated though it is, does not involve technology or multibillion-pound tech companies with all the lobbying at their disposal. The consultation talks about exploring ways to improve assessing age assurance. As I have already said, highly effective age assurance already exists. The Government are well behind the A ball. They want to assess the current age of digital consent. This is in fact only one means, and not the most usual means, by which social media companies lawfully collect personal data. Again, the Government are behind the A ball. They want to explore further intervention to support parents. Parents are arguing with their children daily about screen and social media time. They want a line in the sand now. The Government’s consultation is, in my view, unnecessary, misconceived and clearly a last-minute attempt to kick the can down the road.
My Amendment 92 seeks to raise the age of access to VPNs to 18, as it is clear that some children are using VPNs to get round age restrictions for gambling and pornography and might well use them for social media, so it is closely linked to Amendment 94A. On Amendment 93, I have had a constructive discussion with Ministers on this issue and more discussions are in progress, so I will not push that to a vote today. I urge noble Lords to vote for my Amendment 94A on social media and Amendment 92 on VPNs.
Baroness Cass (CB)
My Lords, I have added my name to the amendments in the names of the noble Baroness, Lady Penn, and the noble Lord, Lord Nash. When I was president of the paediatric college, an important part of my job was urging Government Ministers that protecting and investing in children is the only way to protect the future of our country because, as I believe I have said before in this House, children are 25% of our population and 100% of our future. If we fail to protect them, it is not just a moral issue but a financial disaster.
There are two questions we need to ask ourselves when we think about how social media is impacting our youth. First, are they at risk? Secondly, how do we eliminate, or at least minimise, that risk? With regard to younger children, I fully support the amendment moved by the noble Baroness, Lady Penn, and I too welcome the planned guidance. I ask the Government to give careful thought to that guidance particularly in relation to vulnerable and disabled children. They may be more limited in their abilities for alternative physical activities so screen time is, understandably, an easier default, and advice for those families is particularly important. It is also important to think about how to reach those harder to reach families or marginalised families who may not easily access the guidance. A final thing I would say, following on from the question from the noble Baroness, Lady Penn, about who will be in the group, is that the input of speech and language therapists will be particularly important, given their obvious involvement in early language development.