Debate Excerpts: Baroness Tyler of Enfield vs Baroness Blake of Leeds Debate: -

Children’s Wellbeing and Schools Bill

Debate between Baroness Tyler of Enfield and Baroness Blake of Leeds

Monday 9th June 2025

(1 week, 2 days ago)

Lords Chamber

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Baroness Tyler of Enfield (LD)

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My Lords, briefly, I lend my support to these amendments, particularly Amendments 103, 104 and 146 in the name of my noble friend Lord Storey. As we have heard, it has been a very interesting group about the role that kinship care is playing. Okay, the number is somewhere between 100,000 and 142,000 or 153,000: it is an awful lot of children who, because they are in kinship care, are not going into the care system, with all the costs that we know that can bring with it. As the noble Baroness, Lady Sanderson, said in her very interesting and insightful contribution, kinship carers are often doing this at great sacrifice to themselves. Very often—most times—they are doing it out of love, but they are stepping up at a time of crisis to provide that love and care to children who would otherwise be in the care system.

I just want to underline the point that the period when the child moves in can be incredibly difficult and require a lot of support. Often the kinship carer, who would not have planned to have taken on parental responsibilities for one or more children, would have to spend time attending meetings with children’s services, be involved in court proceedings, maybe find a nursery, make arrangements with the children’s school, the GP or whatever. The list just goes on. They are all things that tend to need to be done during the day, during working hours, and they all take time and money, which is why I feel that a kinship care allowance and extending the pupil premium is so important and, most particularly, an entitlement for an individual to be absent from work on care leave at the moment when those arrangements are being set up is critical.

When I was looking at the very helpful briefing that I have been sent, I was reminded that a right to paid employment leave for kinship carers was recommended by the cross-party Parliamentary Taskforce on Kinship Care, the Independent Review of Children’s Social Care, which we have heard about this afternoon, and indeed by the House of Lords Select Committee doing post-legislative scrutiny on the Children and Families Act, which I actually chaired. I remember that we came forward with that recommendation, and I think it is incredibly important that we take this opportunity to do something about it.

Baroness Blake of Leeds (Lab)

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I start by saying how touched I am, and I really want to welcome the comments that have been made about kinship care in the Chamber this evening. It is such an important area, and I think we all have to put our hand on our heart and say that it is a set of relationships that has not been given its due recognition. The noble Lord, Lord Russell, talked about areas of good practice. I think we could all add areas where we know that places are getting it right. The noble Baronesses, Lady Sanderson and Lady O’Neill, talked about the general background and trying to imagine the situation when you know that a family member is getting into difficulties. As they quite rightly say, this becomes a moment of crisis when the risk to the children we are talking about is at its absolute highest.

The recognition of the importance of focusing on the outcomes for children and young people is to be welcomed and needs to be at the forefront of everything that we do. From a local authority perspective, we know that too many children are going into care. As we have heard tonight, this can have a detrimental effect on their prospects and outcomes over a long period. It also has an enormous impact on the budgets of councils, in particular where money could be invested into setting up more support networks in this area.

We are talking about supporting children to stay within their family and friend network, where that is safe and right for them. This is a priority for this Government. There is a general recognition that the support that kinship families have received to date has not been sufficient. We are working hard to address this. It is quite extraordinary that, until now, there has been no legal definition of kinship care. Changing that is something that we can all come together to welcome. As we have heard, access to information for the families involved can be a postcode lottery. Clause 5 is a significant step towards ensuring greater parity in information on the support that is available to kinship carers by requiring local authorities to publish a kinship offer.

Amendment 69B, tabled by the noble Earl, Lord Effingham, and supported by the noble Baroness, Lady Stedman-Scott, seeks to ensure that information on support for kinship families, and not just children and carers, is included in the duty to publish a kinship local offer. I reassure the noble Earl that there is mention in the Bill of a review. New Section 22H(7), to be inserted by Clause 5, states that local authorities “must review” and keep up to date their kinship information. We agree that a whole-family approach is absolutely vital, but amending Clause 5 as proposed is not necessary. The list of information about services that can be included in a kinship local offer under Clause 5 is non-exhaustive. This has been done for a reason, and it already includes services relating to relationships which will assist kinship families more broadly.

The kinship care statutory guidance states that local authorities should empower families by prioritising family-led solutions, working collaboratively with family networks to support parents or carers to make and sustain positive changes, leading, we hope, to de-escalation of need or no further involvement with statutory services. Local authorities should engage with family networks, from early help and at every point through the children’s social care system, as set out in Working Together to Safeguard Children 2023.

There are other policies dedicated to families in need of support, which we have heard about already this evening, such as the family help programme, which aims to improve children’s outcomes and respond to needs and the circumstances of the family as early as possible to enable children to thrive and families to remain together. With a stress on family help, multi-agency child protection family group decision-making reforms are being rolled out across England through the Families First Partnership programme, with over £500 million of direct funding for preventive support for children and families.

Amendment 70, tabled by the noble Lord, Lord Hampton, is on the categories of information listed under Clause 5. We agree that it is important that a kinship local offer should encompass information about the full range of support that is available in the local area. However, amending Clause 5 as proposed is not necessary, for the reasons that I have outlined. Clause 1 already sets out that family group decision-making will be offered, so to add it here would be unnecessary. As I have mentioned before, the listed categories of information about services for the kinship local offer are non-exhaustive and broad, meaning that local authorities can respond to their local strengths and local circumstances, and bring in services available in their area.

The kinship care statutory guidance sets out the expectation that a kinship local offer should set out the legal support that may be available to kinship carers and potential kinship carers, including the eligibility and extent of that support. This involves local relationships—the power of place—and health providers working with local authorities, bringing together all the possible solutions to a particular situation. As the noble Lord, Lord Hampton, has suggested, practical emotional support is absolutely key. We know that there is more work to be done. We need to look at the areas that are doing it well, learn from their experience, and make sure that it is taken up and expanded in every local authority area around the country.

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