Children’s Wellbeing and Schools Bill

Debate between Baroness Tyler of Enfield and Baroness Cash

Tuesday 17th June 2025 Lords Chamber

[Baroness Cash (Con)]

My Lords, I will speak to Amendments 116B, 117B, 117C and 117D in this group, which are tabled in my name. I am grateful to the noble Baroness, Lady Longfield, and to the noble Lords who have already spoken. I agree wholeheartedly with what has been said so far.

The intention behind these amendments is to address the issues of attachment, disruption and trauma, which can ensue from housing children too far from home—noble Lords who have already spoken have addressed this. We know that we can minimise the damage and effects of being housed too far away by proximity. I have therefore tabled amendments in a probing manner to invite the Minister to reflect on whether there is some way in which these concerns, as expressed in Committee today, could be accommodated in this legislation.

Amendment 116B essentially proposes a duty to collect sufficiency data. It would address the basic idea that you cannot plan what you do not measure. We know from the MacAlister review and from many other organisations which support RCCs—as, indeed I do—that there are concerns about current provision already, and that we need to make sure there is strategic visibility, so that RCCs working together know how many foster carers, residential beds and emergency places are truly needed and where investment is most urgent. In the independent review commissioned by the last Government, the now Labour MP Josh MacAlister was very clear that data should drive the planning. I urge the Government Benches to consider that viewpoint. This amendment would give legislative force to his recommendation. It would allow readily available data to be collected so that we could target spending wisely, empower the local leaders who are responsible for assigning the places and avoid waste.

Amendment 117C just builds on the previous proposal requiring the RCCs to publish an annual sufficiency report. It is a basic governance issue of transparency and accountability, which would allow the local authorities, providers, Parliament and, most importantly, children and their families, to know whether the system is, in fact, working. Placement decisions, as we know because there has been a lot of coverage of it, are currently shaped by what is available at the time. Many of us in this House have concerns about supply being driven by various commercial providers. The amendment would help to reverse some of that by making the data transparent at a ready time. It would also ensure that the RCCs are open and responsive to their stakeholders, the local authorities, and to Ofsted, ensuring that young people and foster carers were accommodated rather than the commercial providers. This public report would really just amount to good governance.

Amendment 117C involves the use of the sufficiency data to inform the commissioning and it follows on from the previous provisions. I have said already that I support the amendments proposed by fellow noble Lords, and these proposals invite the Government to consider in what way the best accommodation of this data collection takes place. This amendment would ensure that placement commissioning was rooted in real need, not market convenience. It would help RCCs to invest early in local provision and reduce the reliance—which worries all of us—on expensive private options, which have been driving children to be accommodated out of their local areas, with all the concerns that the noble Lord, Lord Meston, has raised in relation to that. The amendment also aligns with the ambition of all parties in this House for relational and stable care for children, rather than a race to the bottom in pricing or availability.

Amendment 117D would put the focus on the outcomes for children. I emphasise this amendment because it ties in with the stated objectives of this Bill, whose title includes “Children’s Wellbeing”. It cannot be right that RCCs will be introduced without the requirement to collate data showing whether or not they are working for the very children that they are intended to provide for. It connects two critical questions: did we have enough places, and did we make a difference? As noble Lords know, the children’s care system is too often evaluated on the inputs—how many beds, how many carers—but what really matters, what is really going to make a difference, is whether those children are safe, settled and supported to thrive, hopefully in proximity to their own families or kinship that may be available to them. The amendment would allow the RCCs to link their planning with real-world results, helping the Government and local leaders to learn what works so that there can be continuous improvement.

I believe the amendments are proportionate and sensible measures that meet the stated purpose of the Bill, and I beg the Government’s support.

[Baroness Tyler of Enfield (LD)]

My Lords, I shall speak to Amendment 117 in my name, and I thank my noble friend Lady Walmsley, the noble Baroness, Lady Bennett, and the noble Lord, Lord Russell, for adding their names to it.

This is an important group. Many times in discussions on the Bill, and more generally, we have talked about the dangers of children being placed far away from home. That is why this is such a critical group. I strongly support everything that has been said so far and the amendments that have been tabled specifically with regard to trying to prevent children from being placed far from home when there are any other viable alternatives.

The intention of my amendment is quite simple: it is to ensure that those making decisions affecting children and young people seek and take into account their wishes and feelings. I shall say a couple of words of general context. I welcome the Government’s ambition to be a child-centred Government, and I support the important steps taken in the Bill to strengthen systems that intend to do that and to keep children safe, but there is more that the Bill could do to be truly child centred. At the moment, it needs to do more to embed real consideration of children’s wishes and feelings—hence my amendment, which was discussed on an earlier occasion, about children’s wishes and feelings being respected in relation to family group decision-making.

In 1991, the UK ratified the United Nations Convention on the Rights of the Child. In so doing, we recognised that children have a distinct set of rights that uniquely value all that it means to be a child. In short, it recognises that children are expert in their own lives. As we know, in cases of abuse and neglect, giving children the opportunity to express their views is a critical factor and lever in building trust and keeping children safe.