Children’s Wellbeing and Schools Bill
Baroness Smith of Malvern Excerpts(3 days, 3 hours ago)
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Lord Addington (LD)
My Lords, the noble Baroness’s speech makes me think that looking at what “excessive profit” means, or at least what the Government think about it, would not be a bad idea, because we are agreed that these services are often gone to because the state cannot or will not provide them. What we consider to be reasonable to pay for them is something the whole Committee should be concerned about. I am sure—or at least I hope—that the Government have given this some deep thought, and finding out in a little more detail what that will be will help consideration on this and forthcoming business. I look forward to the Minister’s reply.
The Minister of State, Department for Education (Baroness Smith of Malvern) (Lab)
My Lords, as I said in Committee on Tuesday, in 2022 the Competition and Markets Authority found the children’s social care placement market to be dysfunctional. It found that the largest private providers were making profit margins significantly above what would be expected in a well-functioning market. Most significantly, notwithstanding the profit levels that are being made, we know that there are still insufficient high-quality placements for children who desperately need them. To that extent, the profit levels being made are not, as the noble Baroness, Lady Barran, suggested, driving the sort of supply that we want to see.
The amendments in this group cover Clauses 15, 16 and 17, which implement important legislative elements of our children’s social care placement market reforms: the new profit-capping powers and their associated financial penalties. Introducing profit-capping powers will ensure that we have further powers to curb profiteering if the wider package of measures that I outlined on Tuesday, which we expect to rein in excessive profit-making, do not have their intended effect. This is a power to have in place if other elements of the programme do not work.
I turn to the points raised by the noble Baroness, Lady Barran, on whether Clause 15 should stand part of the Bill. Having outlined the broad intention of the profit cap, I want to be clear that, although some private providers are clearly doing brilliant work, we want to ensure that all providers deliver high-quality placements at sustainable cost. As I say, we know that this is not always happening.
The Competition and Markets Authority found the market to be dysfunctional and estimated that the largest private children’s social care placement providers were making profit margins of between 19% and 36%—well above what would be expected in a well-functioning market. As I have said previously, excess profits have not led to sufficient supply in this market. Furthermore, making these levels of profit from providing placements for some of our most vulnerable children is unacceptable and must end.
This clause provides important backstop powers to ensure that the Government can take action, if needed, to end profiteering. It also sends a clear signal to providers that the Government will not hesitate to take regulatory action to restrict this unacceptable behaviour if profit-making is not reined in. It is not the Government’s intention to extend these powers to any other sectors at this point, although I can confirm that the provisions would cover supported accommodation, along with the other elements noble Lords have already outlined.
To be frank, I hope that it does not become necessary to use these powers. I hope that people see the writing on the wall that there is an impact from the other elements of the Government’s plans, and that we see profits delivered at a more reasonable level and, more importantly, placement sufficiency improving. However, if it became necessary to use these powers, the clause already includes important safeguards through restrictions on the powers to ensure that they are used appropriately. Of course, if they were to be used, the point at which that was determined would be dependent on market conditions and profit levels at that particular point.
Regulations may be made only if the Secretary of State is satisfied that they are necessary on value-for-money grounds. The Secretary of State must also have regard to the welfare of looked-after children and the interests of local authorities and providers, including the opportunity to make a profit. Crucially, this clause also requires the Secretary of State to consult before making regulations. This will be particularly important to ensure that all interests are considered in determining issues, such as how a cap would be calculated and the level at which it would be set. That would be the point at which the particular nature of profit levels—which the noble Baroness, Lady Barran, asked about—would be considered in detail. In addition, Clause 15 also provides for regulations to be made that set out important details about the administration of any future profit cap by providing for annual returns from registered providers and the ability to request supplementary information. I hope that noble Lords can see from the discussions we have had on this Bill—notwithstanding other areas—just how important these powers are to ensuring that the Government can take proportionate action, if needed, to restrict profit-making in the market.
Amendments 504A and 505A in the name of the noble Baroness, Lady Barran, seek to require the Secretary of State to publish a report that would clarify the supply and capacity of independent children’s homes and independent fostering agencies, and the expected impact of the profit cap on the number of available placements, before Clause 15 is commenced. To reiterate, if the profit cap was to be commenced, this would be at a later stage, at which there may well be a different set of market conditions. We intend to use the powers in Clause 15 only if profiteering is not brought under control through the wider package of measures that we have set out.
The consultation requirement in this clause is particularly important because it will outline the details of the proposed cap itself and require the Government to respond and publish that response. This will set out our rationale, including on the matters in the noble Baroness’s amendment, if we judge that a cap is needed. In addition, the Explanatory Memorandum to the regulations will set out the policy rationale. In effect, that already fulfils the aim of these amendments to require a report to be published. In response to the noble Baroness’s question, the regulations will, of course, be made by virtue of the affirmative resolution procedure, so there will be the opportunity to cover these matters in debate and address their potential impact. I hope that reassures the noble Baroness that a report on the impact and design of the profit cap would be necessary before it could be implemented.
I turn to Amendment 142A in the name of the noble Baroness, Lady Barran, which seeks to limit the ability of the Secretary of State to impose financial penalties. I understand her specific questions. We expect the vast majority of any penalties issued to fall on corporate structures of one form or another. First, however, as we said on Tuesday, an individual might run a provider within scope—for example, a children’s home—as a sole trader. It would seem strange and surprising if that sole trader were making profits that would be likely to breach a cap, but it would be a bit bizarre if that were way to avoid a profit cap, were it to be necessary to introduce one.
Secondly, even within a corporate structure, there might be an individual who is personally culpable for a breach under the requirements of Clauses 14 and 15. The ability to issue a financial penalty in those circumstances might act as a strong deterrent—the finance director, for example. Of course, the Government do not intend to issue financial penalties that would be disproportionate or unfair on an individual. Indeed, Clause 17 sets out a number of factors that must be considered in determining the amount of a penalty. These include the impact of that penalty on the person in question, the nature and seriousness of the offence, and any past breaches and mitigating or aggravating factors.
Finally, I turn to Amendments 142B and 142C, which seek to restrict the financial penalty that may be imposed for breaches. While the Bill does not limit the financial penalty that can be issued for a breach of the requirements, I hope I have reassured noble Lords that, importantly, we will set the maximum amount in regulations, after we have engaged in full consultation with interested parties to determine the most appropriate maximum for any financial penalties. That will allow us to adjust the maximum amount over time, as necessary, and regulations made will be subject to the affirmative procedure. That will afford Parliament the opportunity to debate and scrutinise the Government’s proposals, and the Government to provide timely answers at that point to issues such as profit levels and operating arrangements, which the noble Baroness identified. Of course, even if a maximum amount is set, that does not necessarily mean that a provider would automatically be fined the maximum amount. As set out in Clause 17, there will be discretion when determining an appropriate amount for any financial penalty.
I hope that that provides more clarification of some of the meanings in this clause, that it responds appropriately to the amendments the noble Baroness has tabled, and that she feels able to withdraw her amendment.
The Deputy Chairman of Committees (Baroness Scott of Needham Market) (LD)
The noble Baroness, Lady Longfield, has the right to reply.
Baroness Barran (Con)
My Lords, I thank the Minister for her reply.
On the point of principle—why you would put a profit cap on one area of the economy where you think there is profiteering on the back of vulnerable children, but not on another—the Minister said that there was no intention to extend this; indeed, she said that she hoped it would not be used. I certainly agree with that, but I do not really understand why, where children have been sexually assaulted or raped and companies are making far higher profit margins than the ones we are talking about here, the Government would choose to apply a profit cap on one and not the other. That does not feel very coherent to me.
I also felt that the Minister was slightly selective in the quotes she chose to identify from the Competition and Markets Authority report. The CMA was clear that it thought that a profit cap was not a good idea. I would also like to clarify something for the record. I think the Minister suggested that I said that current margins were driving supply. I said that current margins, according to the recent data, are uneven and actually falling, so I did not suggest that they were driving supply.
Baroness Smith of Malvern (Lab)
The noble Baroness cited analysis that expressed a concern that by capping profits, you would somehow or other reduce supply in the market. I was simply making the point that the converse—that is, excessive profits—has not driven supply in the market.
Baroness Meacher (CB)
My Lords, I urge the Minister to increase the incomes of social workers, so that they are not tempted to become agency workers, who are of course paid a lot more than social workers. The pay levels of these workers need to be addressed.
Baroness Smith of Malvern (Lab)
My Lords, through the introduction of a regulation-making power, Clause 19 allow the Government to take stronger action to alleviate the significant affordability and stability challenges that have arisen from the increase in the use and cost of agency workers in local authority children’s social care in England. The noble Baroness, Lady Barran, identified some of the progress being made in the staffing of children’s social care. I can confirm that the current level of agency use in the sector stands at 16.2%, a small fall on the previous year, but she is also right, of course, that this varies considerably from authority to authority.
What I would say about that 16.2% is that, in essence, more than one in eight of the people who are working in children’s social care do not have the long-term association with their employers that we would expect to see in any service where we were able to provide the training, the stability and the certainty about future costs that we would want. It is considerably higher than in similar sectors, whether in the health service or in education.
Agency work continues to be a considerable issue within children’s social care. That is not to say that there is not excellent work being carried out by individual agency social workers—I know from my previous experience in Sandwell Children’s Trust that there are many excellent agency workers. Nevertheless, the cost and stability issues that I have outlined remain serious for local authorities and those providing children’s social care. This clause ensures that while agency workers will remain an important part of local authority children’s social care, they will not become a long-term replacement for a permanent, stable workforce. It will allow the Secretary of State to introduce regulations on the use of agency workers in English local authority children’s social care services.
I accept that progress has been made since the introduction by the last Government of the statutory guidance relating to local authority children’s social care services, but that was limited specifically to social workers. We want to extend the framework beyond social workers to the wider local authority children’s social care workforce, including workers such as those delivering early intervention or family help.
A new phenomenon has come into the workforce, and particularly agency provision within children’s social care: that of project teams, where agencies provide not just individual workers but teams to respond to particular challenges. In doing that, partly through the associated management costs and partly through the range of different workers, there are even larger uplifts in the amount of money charged to local authorities. I have seen from personal experience that it is not unusual for social workers and other staff in those teams to be earning £50 an hour or upwards. We may well think that people who are doing this important work are worth £50 an hour, but that is a considerable and, some might argue, unaffordable premium over social workers and other workers who are employed on a permanent basis with teams.
There is a broader range of workers that we should cover here, and a requirement to strengthen some of the principles in the statutory guidance, both by widening it and by this legislative provision. We will of course work in partnership with stakeholders across the system, including agencies, to ensure that the proposals implemented are proportionate and effective. They will make clear to local authorities, the recruitment sector and agency workers what they should expect from one another, and the consistency that this brings to the market will benefit all parties. If we are able by doing this to reduce local authority spend on agency workers, that will allow local authorities to invest more in services supporting children and families and enhance the offer to permanent employees.
I take the broader point that one important way of solving this problem of agency workers is to ensure that those permanently employed, either as social workers or doing other work in children’s social care, get the rewards that they deserve, receive the training that they need in order to get the career satisfaction and progression that they would want, and are employed by local authorities and children’s trusts in ways that value them and provide them with the resources they need. All those things are important, and the Government are addressing them all, but that does not remove the requirement that we believe exists for a stronger ability to make regulations covering children’s social workers and to broaden the scope of those regulations, which is what this clause enables us to do.
Baroness Barran (Con)
I thank the Minister for her response and her explanation. I think I understand now the scope that the Government intend in terms of the wider social care workforce, although I did not hear her give the Government’s estimate of the number of agency workers involved in that area and the cost to local authorities. Maybe if the department has that data, it could write to us and put a copy of the letter in the Library.
The noble Lord, Lord Storey, rightly raised the issue of social workers retiring and then reappearing, magically, as agency social workers, and the noble Lord, Lord Meston, highlighted the impact of that in a court setting, with the obvious cost to the local authority and the disruption and lack of continuity. Given that this builds very much on the statutory guidance that we prepared when in government, we hope that this works really well for the Government in achieving greater affordability and continuity of staff.
I guess we are in a world where the working environment has changed, and social workers can now do a couple of days a week of agency work and work from home the rest of the time. Those are challenges that I am sure the Government are wrestling with, and we wish them every success in so doing.
The Earl of Effingham (Con)
My Lords, corporate parenting means providing the best possible care, safeguarding and support, ensuring that children thrive and have opportunities to reach their full potential. It involves actively promoting their well-being, health and education, and preparing them for adulthood, mirroring what a responsible parent would do. As such, Amendment 147 seeks to ensure that local authorities must consider the rights of looked-after children to British citizenship, which is exactly what a responsible parent would indeed do. It is important that a local authority is able to focus on the well-being of the child and to consider whether this should apply to citizenship. It is certainly a most relevant issue for the Minister to opine on.
Amendment 152, which seeks to remove Clause 22(1)(a), would extend the local authority duty to take care of looked-after children to the Secretary of State
“exercising immigration, asylum and nationality functions”.
We can see plausible reasons why the Government would choose to include that exemption but it merits further discussion and we look forward to hearing the Minister’s response to a potentially sensitive and complicated subject.
Baroness Smith of Malvern (Lab)
I thank noble Lords for their contributions in this group, which relates to corporate parenting and, in particular, to immigration functions. I particularly thank my noble friend Lady Lister for introducing her amendments.
Amendment 152 seeks to apply corporate parenting duties to immigration, asylum and nationality functions. As we discussed in the previous group, our new corporate parenting measures will place an important responsibility on each Secretary of State and relevant bodies to support and seek to provide opportunities for looked-after children and care leavers, which in turn will improve their long-term outcomes. This means that Secretaries of State, including the Home Secretary, and relevant public bodies are required to be alert to matters that might negatively affect the well-being of looked-after children and care leavers, regardless of their immigration status, when exercising any functions other than those relating to asylum, immigration, nationality or customs. To be clear, children and young people in the immigration system will absolutely benefit from the additional care and support that new corporate parents will provide. The exemption is to a set of functions, not to a set of children.
This Government recognise the importance of safeguarding and promoting the welfare of children in the UK. As my noble friend identified, this is already reflected in Section 55 of the Borders, Citizenship and Immigration Act 2009. Section 55 requires the Home Secretary to make arrangements for ensuring that immigration, asylum and nationality functions are discharged
“having regard to the need to safeguard and promote the welfare of children who are in the United Kingdom”.
Statutory guidance linked to this sets out the key principles. This includes that the best interest of the child is a primary consideration when making decisions affecting children. Children should be consulted, and their wishes and feelings taken into account wherever practicable, when decisions affecting them are made. Children should have their applications dealt with in a way that minimises the uncertainty that they may experience. The guidance also emphasises the importance of interagency working.
My noble friend made the point about the requirement to speed up asylum decision-making processes and questioned whether this exclusion would mean that asylum decision-making for these children was not as quick as possible. Applying the duty to the asylum functions of the Home Office would not require it to decide asylum claims for young people in care as soon as possible on its own; that would not be the impact of applying that particular responsibility to this function. The Home Office is committed to ensuring that vulnerable claimants, such as children and care leavers, have their claims decided at the earliest opportunity. However, there are many factors, some beyond the control of the Home Office, that can delay and contribute to the length of time taken to process children’s asylum claims, such as age disputes and the availability of legal representation.
The Home Office works continuously to improve the speed of decision-making—I have to say that, under this Government, it has had some success in doing that—and reduce the number of outstanding claims for children. However, there will always be complex cases, and it is right that the Home Office takes the time to consider those carefully.
Also, unaccompanied asylum-seeking children looked after by local authorities are already subject to the general corporate parenting duties. They will be covered by the specific duties on the local authorities that care for them and by the broader duties this Bill will bring in.
The Government are reflecting on the requirement to support children in gaining certainty about their legal status, in particular in gaining citizenship, and taking further steps to consider looked-after children’s and care leavers’ interests as we reform and manage the immigration system, as set out in the White Paper Restoring Control Over the Immigration System, published on 12 May. That White Paper contained proposals to ensure that children who have been in the UK for some time and who discover, when they turn 18, that they do not have status are fully supported and able to regularise their status and settle. This will include a clear pathway for those looked-after children and care leavers. I hope that responds to the point made by the noble Lord, Lord Storey, on the previous group. The Home Secretary will set out further details about how progress will be made on that objective.
Amendment 147 also deals with this issue and seeks to ensure that new corporate parents consider the right to British citizenship of looked after children and care leavers, and how that entitlement can be secured to avoid adverse effects on their well-being. Local authorities already follow a separate set of corporate parenting principles, as I have suggested, and are best placed to take steps to consider whether a young person in their care needs support to seek British citizenship.
I know from experience, and from having seen some of the practice, that considerable care is already being taken to ensure that unaccompanied asylum-seeking children and other children subject to the immigration system in care are receiving from local authorities the care and attention that they specifically need because of their needs. In fact, I can remember, when I was chairing Sandwell Children’s Trust, being asked to help a social worker assistant who was trying to ensure that two of the children for whom we were responsible were able to get the passports they needed in time to be taken on holiday by the foster parents who were caring for them.
A lot of day-to-day work is going on in this area. As I have already suggested, all that work and support for those children is not exempted by this provision in the Bill; it is only with respect to the functions that I have already talked about. The White Paper that I touched on earlier also sets out the Government’s intent to consider measures to reduce the financial barriers to accessing British nationality for young adults who have lived here through their childhood. The previous Government already removed some fees in those circumstances, back in 2022.
That the Home Secretary is bringing forward proposals in this area I hope makes clear the Government’s commitment to ensuring that children, as we seek to regularise their status in this country, are getting the necessary support, and that it will be improved by this Government. Given the assurances I have provided, I hope that the noble Baroness feels able to withdraw her amendment on this point.
Baroness Lister of Burtersett (Lab)
I thank my noble friend the Minister for her response and I thank the noble Baroness, Lady Benjamin, for making the case and reminding us that we are talking about children first. I thank the noble Earl, Lord Effingham, for what was actually a very sympathetic response to what I said.
I absolutely take the point—I finished with this point—that we are taking about functions and not a group of children. I have not quite finished reading the new study that has just come out, but the trouble is that, in many cases, parts of corporate parenting functions involve asylum and immigration matters, so it is difficult to disentangle the function from the group. I will have to look more closely at what the Minister said, but I have to admit that I am not totally persuaded.
I still do not really understand why it is necessary to have this exclusion. I tabled this amendment on behalf of the Refugee and Migrant Children’s Consortium, in which there are a lot of children’s organisations. A lot of the people who are briefing on this Bill—Barnardo’s and many others—welcome the corporate parenting duty and then say, “We must not have this exclusion”. There seems to be a disconnect between their reading, interpretation and understanding of what this will mean and the Government’s. We may have to come back to that—I do not know—but I still do not really understand why it is felt necessary to have this exclusion, which is creating such alarm among children’s organisations.
On children who are entitled to claim British citizenship, I have been working on this issue for many years, pressing the previous Government and finally getting somewhere. That is not just because of me—it is primarily because of the Project for the Registration of Children as British Citizens, which has been indefatigable in pushing on this, together with Amnesty. I welcome what is in the White Paper and look forward to getting more detail about what is meant. Certainly, after the way things were left under the previous Government, it is still difficult—it costs so much to put in that claim. I remember that when we discussed in this House the rules on who can be exempted from having to pay, we were very unhappy about them. It would be excellent if the Government were taking another look at that. The fact is that there are too many children—and my noble friend talked about them after the age of 18. Ideally, local authorities would be more aware of this and would make sure that the claim was made before young people reached the age of 18.
Member’s explanatory statement
This amendment clarifies the entry in Schedule 1 relating to integrated care boards.
Lord Storey (LD)
My Lords, I just remind the Committee that, 12 or 13 years ago, when we were looking at the Children and Families Bill, my noble friend Lady Benjamin took up this issue with great vigour, and quite rightly so. Since then, of course, times have changed, as traditional child employment laws have often failed to address online influencer work, digital content creation and remote gig roles taken up by children.
My own experience as a head teacher at a primary school was that I had a number of such children. I remember Josh Bolt, who appeared regularly as a main character in “Last Tango in Halifax”, and the problems that we faced trying to ensure that he could fulfil his acting potential. He was able to do so, and appeared in the film “Nowhere Boy”, about the life of John Lennon. But it was us bending the rules, quite frankly, and not following the exact letter of the law, which allowed him to fulfil his dreams and ambitions. There were other children as well; I think of sports and those children, both boys and girls, who went to football academies, for example. A number of them went on to have successful careers in sport.
So we must make laws that not only protect the young person but work for the young person as well, enabling them to enhance their skills and take up the opportunities that are available. According to the Education Policy Institute, part-time jobs can support resilience, time management and confidence. But, of course, unregulated work can harm education as well; it is about getting the balance right.
I am looking forward to discussing the amendments on school registration. Some schools can be overzealous on registration and do not take personal factors into account. It is really important that we listen to my noble friend Lady Benjamin, in particular; she has huge experience in this area. If we want to be a successful nation in the cultural industries, which we are, little hiccups such as this need sorting out.
One noble Lord mentioned that there are discrepancies between England, Wales and Scotland in child labour and performance law, and that creates confusion and enforcement challenges. While performance licences require education provision, oversight is inconsistent and, as I have been saying, schools sometimes incorrectly mark children absent when, in fact, that should not be the case. I am sure that the Government will want to listen to what is being said and to make this work for families and children.
I was particularly taken, as it had not occurred to me until I read the amendment, by the point that my noble friend raised at the very beginning about how these earnings should be, if you like, looked after for the future. That is a really important point.
Baroness Smith of Malvern (Lab)
My Lords, I am pleased that we have been able to have a wide debate on the measures in the Bill that relate to child employment. I am sure many noble Lords agree that employment can have a hugely beneficial impact on a child: it can contribute to their development, introduce them to the world of work and help them develop key life skills. However, current legislation needs to be updated to better reflect the world of employment today and to make things simpler and clearer for children, families and employers.
I should perhaps be clear at this point that, in this group of amendments, we are talking about two different sets of regulations. We have heard, and I will come to, the amendments from the noble Baroness, Lady Benjamin, and the comments of the noble Baroness, Lady Fraser—by the way, both of them demonstrate the benefits of being a performer, child or otherwise. To be clear, these are two completely different sets of regulations. To respond to the specific point, the changes made in the employment regulations do not impact on the ability of children to be performers.
I speak first to the government amendments in this group, which include Amendments 157 and 158 and consequential Amendments 503, 506, 507 and 510 to 514. These amendments seek to bring these changes in employment regulations to children in Scotland and Wales too. Our aim is that all children, regardless of where they live, can benefit from these new employment opportunities. These amendments will ensure that children in Wales and Scotland, as well as children in England, will be able to take advantage of the greater flexibility that this clause allows. This means being able to work more hours on a Sunday, an hour before school, and until 8 pm—crucially, without increasing their overall weekly working hours. This is to ensure that employment does not negatively impact on their health, development and education.
We have also made a small amendment to the definition of “light work” so that it better reflects the circumstances of children who are educated at home, not just those who attend school. I will try to come back to the point made by the noble Lord, Lord Meston. The new definition of light work is probably more appropriate at this time, when children’s work is not necessarily going to be about only the physical efforts that they are engaged in but other elements of that work which could have an impact on their health, development and education. Overall, this increased flexibility will ensure that a child can, if they want to, benefit from the positive impacts we know that the world of work can bring, and we will have a more consistent approach across Great Britain. In doing that, we will be allowing all children to benefit from the same employment opportunities. I hope noble Lords will feel able to support these government amendments.
“Employment of children in England and Wales(1) The Children and Young Persons Act 1933 is amended as follows.(2) For section 18 substitute—“18 Restrictions on employment of children(1) A child may not be employed to work—(a) so long as the child is under the age of 14 (subject to regulations under subsection (2));(b) to do any work other than light work;(c) to do work of a description specified in regulations made by the appropriate national authority;(d) before 7.00 a.m. or after 8.00 p.m. on any day;(e) on any day on which the child is required to attend school—(i) for more than one hour before the start of school hours,(ii) during school hours, or(iii) for more than two hours in total in the day;(f) for more than 12 hours in any week in which the child is required to attend school;(g) for more than eight hours or, if the child is under 15, for more than five hours in any day on which the child is not required to attend school;(h) for more than 35 hours or, if the child is under 15, for more than 25 hours in any week in which the child is not required to attend school;(i) for more than four hours in any day without a break of one hour;(j) at any time in a year unless at that time a person employing the child is satisfied that the child has had, or could still have, a period of at least two consecutive weeks without employment during a period in the year in which the child is not required to attend school.(2) The appropriate national authority may by regulations authorise the employment of children aged 13 to do specified descriptions of light work.(3) A child may not be employed to work except in accordance with a permit (a “child employment permit”) granted by a local authority on an application made in accordance with regulations made by the appropriate national authority.(4) The appropriate national authority may by regulations—(a) make provision in relation to child employment permits;(b) provide that subsection (3) does not apply in specified cases or circumstances;(c) make provision about the keeping of records.(5) The provision that may be made in reliance on subsection (4)(a) includes provision—(a) authorising a local authority to request such information as the authority considers appropriate, or to require a child to have a medical examination, for the purpose of enabling the authority to determine an application;(b) requiring a local authority to have regard to specified matters when determining an application;(c) for the grant of a child employment permit subject to conditions determined by a local authority; (d) requiring a child employment permit to contain specified information;(e) authorising a local authority to vary, suspend or revoke a child employment permit in specified circumstances;(f) about appeals against—(i) a decision to reject an application, or(ii) the revocation of a child employment permit;(g) imposing requirements on persons employing children (including requirements to produce child employment permits for inspection);(h) requiring or authorising a local authority, in specified circumstances, to disclose information about a child employment permit to another local authority in England or Wales or to a local authority in Scotland.(6) The appropriate national authority may by regulations make provision (subject to subsection (1) and regulations under subsection (2))—(a) specifying the number of hours in each day, or in each week, for which children may be employed, and the times of day at which they may be employed;(b) specifying the intervals to be allowed to children for meals and breaks, when in employment;(c) about entitlement to leave;(d) specifying other conditions to be met in relation to the employment of children.(7) Nothing in this section, or in regulations made under any provision of this section, prevents a child from doing anything—(a) under the authority of a licence granted under this Part, or(b) in a case where by virtue of subsection (3) of section 37 of the Children and Young Persons Act 1963 no licence under that section is required for the child to do it.(8) In this section—“appropriate national authority” means—(a) in relation to England, the Secretary of State;(b) in relation to Wales, the Welsh Ministers;“light work” means work which, on account of the inherent nature of the tasks which it involves and the particular conditions under which they are performed—(a) is not likely to be harmful to the safety, health or development of children, and(b) is not such as to be harmful to their education (through attendance at school or otherwise) as required by section 7 of the Education Act 1996 or to their participation in work experience in accordance with section 560 of that Act, or their capacity to benefit from the education received or the experience gained (as the case may be);“local authority in Scotland” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;“specified” , in relation to regulations made under any provision of this section, means specified in the regulations;“week” means any period of seven consecutive days;“year” means a period of 12 months beginning with 1 January.18A Regulations under section 18: further provision(1) Regulations under section 18 may—(a) make different provision for different purposes or areas;(b) make provision subject to exceptions; (c) make transitional or saving provision.(2) Except as provided by subsection (3), regulations under section 18 may provide for the processing of information in accordance with the regulations not to be in breach of—(a) any obligation of confidence owed by the person processing the information, or(b) any other restriction on the processing of information (however imposed).(3) Regulations under section 18 are not to be read as requiring or authorising the processing of information that would contravene the data protection legislation (but in determining whether particular processing of data would do so, take into account the duty imposed or power conferred by the provision of the regulations in question).(4) Regulations under section 18 are to be made by statutory instrument.(5) A statutory instrument containing regulations made by the Secretary of State under section 18 is subject to annulment in pursuance of a resolution of either House of Parliament.(6) A statutory instrument containing regulations made by the Welsh Ministers under section 18 is subject to annulment in pursuance of a resolution of Senedd Cymru.(7) In this section“the data protection legislation” and“processing” have the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).”(3) In section 21 (penalties and legal proceedings in respect of general provisions as to employment), in subsection (1), after “byelaw” insert “or regulations”.(4) In section 28 (powers of entry), in subsection (1), after “byelaw” insert “or regulations”.(5) In section 30 (interpretation), in subsection (1), after “byelaws” insert “or regulations”.(6) In Schedule 36A to the Education Act 1996, in the table, omit the entry for section 18 of the Children and Young Persons Act 1933 (including the title of that Act).(7) In Part 2 of Schedule 1 to the Local Government Byelaws (Wales) Act 2012 (anaw 2), in the table, in the English language and Welsh language texts, omit the entry that relates to byelaws made under section 18 of the Children and Young Persons Act 1933 (referred to as “adran 18 o Ddeddf Plant a Phobl Ifanc 1933” in the Welsh language text).”Member’s explanatory statement
Clause 26 makes provision for England restricting employed work by children. This amendment replaces that clause to extend the application of that provision to Wales. It also includes a change to the definition of “light work” in the inserted section 18(8) to reflect that children may receive their compulsory education outside of school.
“Employment of children in Scotland(1) The Children and Young Persons (Scotland) Act 1937 is amended as follows.(2) For section 28 substitute—“28 Restrictions on employment of children(1) A child may not be employed to work— (a) so long as the child is under the age of 14 (subject to regulations under subsection (2));(b) to do any work other than light work;(c) to do work of a description specified in regulations made by the Scottish Ministers;(d) before 7.00 a.m. or after 8.00 p.m. on any day;(e) on any day on which the child is required to attend school—(i) for more than one hour before the start of school hours,(ii) during school hours, or(iii) for more than two hours in total in the day;(f) for more than 12 hours in any week in which the child is required to attend school;(g) for more than eight hours or, if the child is under 15, for more than five hours in any day on which the child is not required to attend school;(h) for more than 35 hours or, if the child is under 15, for more than 25 hours in any week in which the child is not required to attend school;(i) for more than four hours in any day without a break of one hour;(j) at any time in a year unless at that time a person employing the child is satisfied that the child has had, or could still have, a period of at least two consecutive weeks without employment during a period in the year in which the child is not required to attend school.(2) The Scottish Ministers may by regulations authorise the employment of children aged 13 to do specified descriptions of light work.(3) A child may not be employed to work except in accordance with a permit (a “child employment permit”) granted by a local authority on an application made in accordance with regulations made by the Scottish Ministers.(4) The Scottish Ministers may by regulations—(a) make provision in relation to child employment permits;(b) provide that subsection (3) does not apply in specified cases or circumstances;(c) make provision about the keeping of records.(5) The provision that may be made in reliance on subsection (4)(a) includes provision—(a) authorising a local authority to request such information as the authority considers appropriate, or to require a child to have a medical examination, for the purpose of enabling the authority to determine an application;(b) requiring a local authority to have regard to specified matters when determining an application;(c) for the grant of a child employment permit subject to conditions determined by a local authority;(d) requiring a child employment permit to contain specified information;(e) authorising a local authority to vary, suspend or revoke a child employment permit in specified circumstances;(f) about appeals against—(i) a decision to reject an application, or(ii) the revocation of a child employment permit;(g) imposing requirements on persons employing children (including requirements to produce child employment permits for inspection); (h) requiring or authorising a local authority, in specified circumstances, to disclose information about a child employment permit to another local authority in Scotland, to a local authority in England or to a local authority in Wales.(6) The Scottish Ministers may by regulations make provision (subject to subsection (1) and regulations under subsection (2))—(a) specifying the number of hours in each day, or in each week, for which children may be employed, and the times of day at which they may be employed;(b) specifying the intervals to be allowed to children for meals and breaks, when in employment;(c) about entitlement to leave;(d) specifying other conditions to be met in relation to the employment of children.(7) Nothing in this section, or in regulations made under any provision of this section, prevents a child from doing anything—(a) under the authority of a licence granted under this Part, or(b) in a case where by virtue of subsection (3) of section 37 of the Children and Young Persons Act 1963 no licence under that section is required for the child to do it.(8) In this section—“light work” means work which, on account of the inherent nature of the tasks which it involves and the particular conditions under which they are performed—(a) is not likely to be harmful to the safety, health or development of children, and(b) is not such as to be harmful to their education (through attendance at school or otherwise) as required by section 30 of the Education (Scotland) Act 1980 or to their participation in work experience in accordance with section 123 of that Act, or their capacity to benefit from the education received or the experience gained (as the case may be);“local authority in England” and“local authority in Wales” have the same meaning as in the Education Act 1996 (see section 579(1) of that Act);“specified” , in relation to regulations made under any provision of this section, means specified in the regulations;“week” means any period of seven consecutive days;“year” means a period of 12 months beginning with 1 January.28A Regulations under section 28: further provision(1) Regulations under section 28 may—(a) make different provision for different purposes or areas;(b) make provision subject to exceptions;(c) make transitional or saving provision.(2) Except as provided by subsection (3), regulations under section 28 may provide for the processing of information in accordance with the regulations not to be in breach of—(a) any obligation of confidence owed by the person processing the information, or(b) any other restriction on the processing of information (however imposed).(3) Regulations under section 28 are not to be read as requiring or authorising the processing of information that would contravene the data protection legislation (but in determining whether particular processing of data would do so, take into account the duty imposed or power conferred by the provision of the regulations in question).(4) Regulations under section 28 are subject to the negative procedure (see Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).(5) In this section“the data protection legislation” and“processing” have the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).”(3) In section 31 (penalties and legal proceedings in respect of general provisions as to employment), in subsection (1), after “byelaw” insert “or regulations”.(4) In section 35 (confirmation of byelaws), in subsection (1), for “Secretary of State” substitute “Scottish Ministers”.(5) In section 36 (powers of entry), in subsection (1), after “byelaw” insert “or regulations”.(6) In section 37 (interpretation), after “byelaws” insert “or regulations”.(7) In section 38 (savings)—(a) omit subsection (3);(b) in subsection (4), for “The said provisions” substitute “The provisions of this Part relating to employment”.(8) In section 110(1) (interpretation), omit the definitions of “borstal institution” and “residential establishment”.”Member’s explanatory statement
This clause makes equivalent provision for Scotland to that made for England and Wales by my amendment to replace clause 26.
Baroness Smith of Malvern (Lab)
My Lords, this Government are committed to protecting children from serious harm and ensuring that they can access the right level of support at the right time. That is what the amendments in this group seek, rightly, to pursue and challenge on.
Amendment 159, tabled by the noble Lord, Lord Mohammed, is on the establishment of a child protection authority, as recommended in the final report of the Independent Inquiry into Child Sexual Abuse. Just to be clear, this Government have made a series of announcements that demonstrate our commitment to strengthen the response to child sexual abuse and exploitation. Establishing a child protection authority was one that we have, in looking at the recommendations from IICSA, committed quite clearly to. I was a bit unclear about the charge made by the noble Lord that we had not accepted that recommendation. In the Government’s update on our work to tackle child sexual abuse, published in April, we announced that we would establish a child protection authority in England. As the noble Lord says, this will help to make the child protection system clearer and more unified and ensure ongoing improvement through effective support for practitioners.
Of course, there will be lots of questions about what form the authority takes and its scope—some were raised today by the noble Baroness, Lady Berridge, with specific questions on safeguarding. I reassure the noble Baroness that we have absolutely aligned the work on the CPA with the out-of-school settings call for evidence that she referenced. She identified that the design and the delivery of the authority require consultation, including with child protection experts and victim groups to ensure that it has the right constitution and the right powers. We have already begun our work towards a consultation on the child protection authority, and I assure the noble Baroness that we will engage with key stakeholders as part of this process. We will consult on developing the new child protection authority this year, and the consultation will set out in more detail the proposed roles, responsibilities and powers of the authority.
However, we do not want to wait until we are able to set up the child protection authority in full to take action—there has arguably been too long a delay in acting on the recommendations of IICSA—so we have also already begun to strengthen the national Child Safeguarding Practice Review Panel on some of the key aspects IICSA envisaged for the child protection authority. In 2025-26, we are increasing the resources at the panel’s disposal so that it can increase its analytical capacity and its ability to develop high-quality material for practitioners.
That is part of the overall action that this Government are taking: the strongest possible action to tackle child sexual exploitation, including immediate action to take forward all 12 of the recommendations for change from the noble Baroness, Lady Casey, which were published in her audit just this week. That includes setting up a new national inquiry, with which government departments will co-operate fully to make sure we are tackling this vile crime and supporting victims and survivors. The noble Baroness, Lady Casey, also recommended that the mandatory sharing of information be enforced between all statutory safeguarding partners in cases of child sexual abuse and exploitation. The child protection authority will play a critical role in addressing this recommendation through national oversight of the child protection system and supporting the co-ordination between agencies. Of course, provisions within this legislation are already taking forward other elements of the IICSA recommendations.
Amendment 160, also tabled by the noble Lord, Lord Mohammed, aims to reduce regional variations in the type, frequency and duration of support that children receive under Section 17 of the Children Act 1989, which, of course, places a general duty on local authorities to safeguard and promote the welfare of any child in need by providing appropriate support and services. Here, I fear that I disagree with the noble Lord’s analysis. Prescriptive national criteria with automatic referrals would risk narrowing the cohort of children and limiting local flexibility in providing support. Section 17 rightly allows local authorities discretion to provide support and services based on local need and resources. On this at least—and on other things as well—the noble Baroness, Lady Barran and I are in agreement. A danger of being specific in the way suggested is that groups are left out, narrowing the cohort who receive support—exactly, in fact, what the amendment is seeking to avoid.
It is not the case, as the noble Lord suggested, that there is no national guidance. There has recently been strengthening of the statutory guidance, Working Together to Safeguard Children, to make it explicit that local authorities and safeguarding partners should publish a threshold document for statutory services under Section 17 so that there is clarity for those working within an authority area about what that threshold would be and what action they should take. Furthermore, Ofsted inspects whether these local thresholds are set appropriately.
Working Together is clear that plans setting out support and services for children should be reviewed regularly against progress. All this comes within the broader context of our reforms to family help and multiagency child protection, which we have talked about at some length in earlier proceedings on the Bill and in Committee—reforms precisely aimed at supporting provision at an earlier stage for identifying children who will need support and wrapping that around them, and reforms backed by over £500 million of investment in this financial year and supported by additional investment made available in last week’s spending review for future years. These will provide help for families at the point of need and decisive action when protection is needed.
While I accept that the noble Lord raised important issues about the current working of the system and the need to develop the child protection authority for all the reasons that he spelt out, I hope that I have addressed some of his concerns and reassured noble Lords that this Government are committed to protecting children from significant harm, providing the right support at the right time and, ultimately, improving outcomes so that all children can thrive. On that basis, I hope the noble Lord will feel able to withdraw his amendment.
Lord Mohammed of Tinsley (LD)
My Lords, I thank the noble Baronesses, Lady Berridge and Lady Barran, and the noble and learned Baroness, Lady Butler-Sloss, for their interventions and comments, some of which I agree with and some I may not agree with—but that is the nature of the Committee; we are here to debate and improve Bills that come forward from the Government. I welcome the comments from the Minister, particularly on the national protection agency. Clearly, the devil will be in the detail about its powers and how it functions, rather than just establishing the authority.
On Amendment 160, I clearly still have issues with the disparity between some local authorities having up to 60% of young people in their care with child in need plans and others having 20%, as in the examples I gave. My aim was to raise this in Committee and hopefully for the Minister to look into it. I will continue to press and probe as this Bill travels through your Lordships’ House but, on this occasion, I beg leave to withdraw my amendment.
Baroness Smith of Malvern (Lab)
My Lords, we know—and it has been expressed several times in this very wide-ranging debate this afternoon—that too many children are not getting the nutrition that they need to thrive at school. We know that hunger affects concentration, behaviour and learning, yet many pupils arrive at school without breakfast. Many schools excel in meeting the nutritional standards expected of their food offer, but some fall short. We also know that excellent schemes such as Healthy Start remain underused, not because families do not need the help but because they are not aware of it.
Clauses 27 and 28 seek to close the gap between intention and implementation. Together, they aim to ensure that no child is too hungry to learn and that our school food system works fairly and consistently for all.
Amendments in group 7 cover a wide range of areas, from breakfast clubs, school food standards, the Healthy Start scheme and the holiday activities and food programme, and I will respond to all those amendments. To begin with the point about breakfast clubs, the delivery of breakfast clubs is a government manifesto commitment. We have committed to introduce free breakfast clubs in every state-funded primary school. Of course, I accept that, for very many years, including when I was last in the Department for Education, there have been schools that have offered support for breakfast, or breakfast clubs, in a whole variety of ways in order to support children.
However, what there has never been is a consistent entitlement to that opportunity which is universally available for all children and free. That is what this legislation aims to promote. It places a duty on state-funded schools providing primary education to make accessible a free breakfast club lasting at least 30 minutes before the school day, for every pupil from reception to year 6, helping them start the day ready to learn. This is of course about food, but it is not only about food. Free breakfast clubs will mean that every primary school child, no matter their circumstances, is well prepared to learn. It is good for attendance, behaviour and attainment, and it will also support parents to have more choice on when to work and will support families with the cost of childcare.
Amendments 183D, 186 and 186A, in the names of my noble friend Lord Watson and the noble Lord, Lord Holmes, rightly concern access to breakfast clubs for children with special educational needs and disabilities of all ages in special schools, and access for children receiving education otherwise than at school.
My noble friend, the noble Lord and others have made a very fair point about the unique challenges for special schools in delivering breakfast clubs. It is categorically the aim of the Government to design this scheme to be inclusive. We all know that the landscape across SEND is extremely complex, particularly given that needs and abilities can vary significantly across age groups.
I also accept the important points made by noble Lords about the challenge of transporting children to school and the challenges of the additional support necessary for some children. We are convinced of the benefits of a breakfast club and we want to start by giving the youngest pupils, regardless of their circumstances, a great start to the school day.
However, we are not hiding from the fact that there will be challenges in doing that. That is why we are working with our early adopters—of which there are 750, I have to say to the noble Lord, Lord Storey. They include special schools and mainstream schools with pupils with SEND. The aim of this scheme is to test what works, where there are difficulties and how the policy can best be implemented.
Amendments 185 and 185A, tabled by the noble Lords, Lord Addington and Lord Moynihan, seek to extend the definition of breakfast club provision to include physical enrichment, art and cultural, and youth mentoring activities. Amendments 187 and 187B, tabled by my noble friend Lady Lister of Burtersett and the noble Baroness, Lady Barran, seek to promote alternative forms of breakfast provision, alongside publishing an impact assessment. I absolutely assure your Lordships that I agree that sporting and enriching activities offer fantastic benefits to pupils’ health and well-being.
I am enormously delighted that I can respond to the challenge of the noble Lord, Lord Moynihan, about the Government’s commitment by pointing him to the Prime Minister’s announcement today, while visiting the Lionesses to offer them support in the forthcoming Euros tournament. He announced a new approach to school sport, with new school sport partnerships bringing together schools, local authorities, local sports clubs and national governing bodies, and a new enrichment framework for schools to ensure that all young people have equal access to high-quality sport and extracurricular activity. The new approach includes aims for minimum teaching times for PE, and for girls to be given the same opportunity as boys to play sport at school, as well as equal access for those with special needs and disabilities. I think that is an important announcement, and I hope that noble Lords will look further at what the Prime Minister has announced today, as well as offering their support to the Lionesses in advance of the Euros.
Baroness Penn (Con)
I appreciate the detail that the Minister has gone into and that further information about the national rollout will happen in due course, but we have just had the comprehensive spending review, so can I ask whether the funding for the national rollout is included within the DfE’s settlement from the comprehensive spending review or whether there will be additional funding on top of that settlement to fund the national rollout? I am not asking how it will work but whether it is in the CSR settlement or whether there will be more, in addition, at a later point.
Baroness Smith of Malvern (Lab)
What we have announced as part of the spending review settlement is separate to the funding for the national rollout, about which we will bring forward information.
On Amendment 505B tabled by the noble Baroness, Lady Barran, early adopters are key to ensuring that we get implementation right before national rollout. This learning will help develop our statutory guidance. More information will be made available, including on the exemptions process, to Parliament and in the public domain.
On that exemptions power, in relation to Amendments 186B and 186C, I understand that there may be extreme and, critically, individual circumstances that could prevent individual schools meeting their duties to provide breakfast clubs. The exemption power is designed to address this on a case-by-case basis. That is why schools would be expected to apply and to be able to demonstrate their exemption eligibility under one of the criteria set out in the legislation. Our expectation is that any school seeking an exemption will actively engage with its school community, the local authority and the department to ensure that it has done all it can to meet its breakfast club duty.
Baroness Lister of Burtersett (Lab)
I am sorry to interrupt. It may be me—I may have missed it, as it getting to the end of the week—but I am not sure that my noble friend responded to Amendment 187 with the Government’s position on the mixed models. I know she talked a lot about physical activity and so forth. If she did say, can she repeat it? There is quite a lot that she is having to cram together into different slots, and I do not think there was anything explicit about the mixed model promoted by Amendment 187.
Baroness Smith of Malvern (Lab)
The point I made was that I and the Government disagree with my noble friend that there should be a sort of all-flowers-blooming approach to breakfast clubs. I set out the reason why the Government believe there should be a basic set of conditions and criteria for breakfast clubs. Of course, it is completely possible that schools may well then decide to put on other provision alongside the basic provision laid out in the criteria set out for breakfast clubs in legislation—this is one of the things that we will look at in the early adopters scheme—but the Government are not favouring the idea that there would be a variety of different routes. That is because of the points I made about this being about the provision not just of food but of the club and of the 30 minutes of childcare. Those things are quite an important basis of what is being delivered through the breakfast club programme.
Baroness Penn (Con)
I just have one more question for the Minister before we move on from breakfast clubs. I really appreciate what she said about the pathfinder schools being used to understand how, for example, the very clear provision that the Government want would work alongside existing provision or extended provision and to learn from that. Can the Minister commit to publishing the findings of those pathfinder schools and that initial work and laying those findings before the House before we consider the regulations that would come subsequent to this legislation, so that we can see and fully understand what has been learned and taken on from those initial 750 schools when moving to a national rollout?
Baroness Smith of Malvern (Lab)
I have already made clear that monitoring and evaluation are a fundamental part of the early adopters scheme. That will not only enable us to work out how to develop the scheme further in terms of a national rollout but allow noble Lords and others to analyse the extent to which the model is working and what some of the challenges may be around issues raised by noble Lords this afternoon.
Baroness Penn (Con)
To be really specific, will the outcomes of that monitoring and evaluation be made available before the regulations are laid to implement breakfast clubs nationally? That is my question. If the Minister’s answer is no, that is fine. Maybe she has been clear, but I would hope it would be yes—that is what I would like to know.
Baroness Smith of Malvern (Lab)
What I have been absolutely clear about is that the point of the early adopters scheme is to enable us to design the national rollout. If the noble Baroness wants me to commit to bringing back further information to the House, I am of course willing to do that. My point is that the information will in fact be much more widely available in terms of all of the issues that have been raised by noble Lords. I thought that I have been pretty clear about that.
Lord Moynihan (Con)
My Lords, I thank the Minister for repeating the statement that was made by the Prime Minister earlier this afternoon, which is very welcome. It is very similar to a proposal made by Prime Minister Gordon Brown, which, sadly, did not happen, in the build-up to the London 2012 Games. One reason why it faltered was because the cost associated with delivering those objectives was very high indeed. I happen to believe it was well worth the budget. Can the Minister confirm whether the costs associated with what has been announced this afternoon will be covered by her departmental budget, or are they coming from elsewhere in government?
Baroness Smith of Malvern (Lab)
No, I am not going to go into those details, and neither would the noble Lord expect me to. He challenged me about whether any announcements had been made, and I pointed him to one made today. I will just point out, however, that the reason why the plans outlined by Prime Minister Gordon Brown did not come to fruition was because, of course, after 2010, Gordon Brown was not the Prime Minister anymore and those who were did not choose to take forward those plans. That is why we have had to wait until this point, under a Labour Government, for another commitment to the sort of sporting entitlement that he asked about earlier.
To move on from breakfast clubs, I turn to Amendments 190 and 194 in the names of the noble Baronesses, Lady Walmsley and Lady Boycott, which seek to establish a school food improvement scheme and to update the school food standards. I recognise the importance of these reforms and the vital work that noble Lords have done to raise the profile of school food policy. That is why I am pleased that my honourable friend the Parliamentary Under-Secretary of State was able to announce in the other place, on 5 June, that we are working with stakeholders and experts from across the sector to revise those standards, to ensure that they support our work to create the healthiest generation of children in history. We will share further details on this consultation in due course. I invite noble Lords to engage on this, including on the important question of how we can ensure that schools comply with the updated school food standards. I am sure that that will build on the work already done by the compliance pilot and by the work done to support governors to challenge and assure the quality of food that is being offered in their schools.
There were several questions raised relating to free school meals and entitlement. We will of course have the opportunity to return to those and to deal with them when we come to the group that is specifically about free school meals. That is why I am not covering them now.
Baroness Meacher (CB)
Very briefly, I support my noble friend Lord Hampton in saying that education is fundamental here. You do not resolve poverty unless a child is put through education successfully. Therefore, my plea is that the main message from this debate should be that local authorities should prioritise promoting education for children in poverty. That is actually the way to a successful resolution of this problem.
Baroness Smith of Malvern (Lab)
I start by thanking the noble Baroness, Lady Barran, for the clarification at the end of her comments.
Amendment 163 has enabled us to have a very good debate about the importance of making progress on child poverty. I agree fully with the desire of the noble Lord, Lord Bird, and my noble friend Lady Lister for ambition on reducing child poverty. The success of the last Labour Government in tackling child poverty is the legacy that we are aiming to build on in this one. We want to see an enduring reduction in child poverty over this Parliament as part of a long-term, 10-year strategy for lasting change. The child poverty strategy, which we will publish in the autumn, will set out the Government’s strong commitment to this and, importantly, how we plan to achieve this reduction. The strategy will tackle overall child poverty as well as going beyond that to focus on the children in the deepest poverty, lacking essentials and what is needed to give every child the best start in life.
I very strongly agree with the noble Lord, Lord Bird, that this is a multifaceted problem. Several noble Lords have identified particular issues that are likely to benefit children. I agree that education, and particularly recognition of the need for education for disadvantaged children, which is also a key theme for this Government, is an important part of that, but there are in fact a complex and interrelated range of issues that lead to child poverty and that can help to alleviate it.
We have already started to take substantive action across major drivers of child poverty through the spending review 2025. This includes: an expansion of free school meals, which will lift 100,000 children out of poverty by the end of the Parliament; establishing a long-term crisis and resilience fund, supported by £1 billion a year; investing in local family support services; and extending the £3 bus fare cap. We have also announced the biggest boost to social and affordable housing investment in a generation and £13.2 billion across the Parliament for the warm homes plan.
Our commitments at the 2025 spending review come on top of the existing action we are taking, which includes expanding free breakfast clubs, as we talked about today; capping the number of branded school uniform items that children are expected to wear, which I think we will talk about on Monday; increasing the national minimum wage for those on the lowest incomes; and supporting 700,000 of the poorest families by introducing a fair repayment rate on universal credit deductions. The Child Poverty Taskforce will continue to explore all available levers to drive forward short and long-term action across government to reduce child poverty. The strategy will look at levers across four key themes: increasing incomes, reducing essential costs, increasing financial resilience and better local support, especially in the early years. This will build on the reform plans under way across government and work under way in devolved Governments.
We agree that timely reporting is important in monitoring progress. The Government already have a statutory duty to publish poverty statistics annually. In addition, in the autumn we will set out the monitoring and evaluation arrangements we will put in place for our strategy for this year and future years, so that the progress we make is transparent for all. I very much take the point that the noble Lord, Lord Bird, made about accountability, both to this House and more broadly, for making progress on the strategy, but our view is that statutory targets for child poverty would not in themselves drive reductions in poverty. They can be reversed, and have been in the past, so do not serve as an effective means of binding government to a specific course of action. As my noble friend referenced—although only to say that she did not agree with it—they also risk adversely narrowing the focus of effort to moving the children closest to the poverty line over it, rather than the direct and comprehensive approach that we will take to helping children in relative and deep poverty across the United Kingdom.
I cannot help but add that noble Lords have come up with all sorts of reasons as to why things might have changed in 2010, but my view is that the defining issue in whether children get out of poverty is not whether targets are set but the nature of the Government at the time. The last Labour Government saw reductions in child poverty; this Labour Government are committed to achieving that as well. I hope that provides assurance to noble Lords.
Baroness Lister of Burtersett (Lab)
I have a last point to make. I am obviously disappointed by my noble friend’s response on targets, but she talked about monitoring and accountability. One of the really good things about the way the Child Poverty Taskforce has gone about its work has been the way it has engaged with—and listened to—both parents and children with experience of poverty. One recommendation made by a lot of people in the sector is that this engagement with those who have experience of poverty should continue as part of the monitoring and accountability mechanism. I just wanted to throw that into the pot.
Baroness Smith of Malvern (Lab)
I thank my noble friend for recognising the enormously broad way in which the Child Poverty Taskforce has undertaken its work, under the leadership of my right honourable friends the Secretary of State for Education and the Secretary of State for Work and Pensions. It has been about looking at the whole breadth of actions that this Government can take, and engaging with those who have the most experience of what it means to be poor, as well as others who represent them. I hope and believe that broad approach and the commitment of this Labour Government will make the real impact to children that we all seek.
Lord Bird (CB)
My Lords, I thank the Minister for her assessment, but I do not agree. It is interesting that, when she outlined how she will tackle poverty, she mentioned school uniforms, breakfast clubs and social housing. I have an opinion, which I expressed earlier; I think that food clubs are a response to the fact that the horse has bolted and we are chasing it down the hill. The same goes for uniforms: they are not necessarily methodologies to dismantle poverty.
Baroness Smith of Malvern (Lab)
Does the noble Lord accept that I was not making that argument? What I was actually arguing—in agreement with him—is that we need a multifaceted approach and that we need to look at the causes for people ending up in poverty. Taking action to reduce the costs for families around the country—the costs he has just referenced—is an important thing that the Government can do, alongside the more strategic, detailed and cross-cutting work that the child poverty task force is also doing.
Lord Bird (CB)
I agree with the Minister 100%. We should never, ever abandon people who are in an emergency. But, if that is what we are doing, and if that is what most of our efforts go into, we will never come to the day when we dismantle poverty.
My problem—I have talked about this on a number of occasions in the House—is around social housing. I had an argument with a leading Member of this House, who was in social housing for many decades. I made the point to him, “Isn’t it interesting and damning that, if you give somebody social housing in current times, there’s a distinct possibility that their children and their children’s children—and, probably, their children’s grandchildren—will live in poverty?” Because social housing produces only in the region of 2%, 3% or 4% of the social mobility of finishing your levels and getting into university or an apprenticeship. Social housing is not a route out of poverty; it is, in a way, a stumbling block.
We will not move forward until we revolutionise social housing and go back to the kind of social housing that I had when we moved from the slums of Notting Hill and into a Catholic orphanage. We then left that and went into social housing in Fulham, where we had sociable housing: the people there included police officers and a trainee teacher. I have talked about this on countless occasions. We had our first parking warden; we did know what to do with him, because most of us did not have a car. The point is that there was a social element, including the disabled and the old. The problem is that, because social housing has lost its sociability and has become a place of refuge and deep need—which we cannot turn against—we have people who remain for ever in an emergency.
I thank the noble Lords, Lord Storey and Lord Hampton, and the noble Baroness, Lady Lister, because they argued for targets far more eloquently than me—this is my first amendment, so I am getting used to it and learning on the job. The point is that targets will get us thinking about those kinds of levels. What do we have to do next to get people out of poverty? We have to go beyond the food, the uniforms and the social housing. We have to get to the enemies of the people who pass through poverty, because they are “mind-forg’d manacles”.
I am not decrying this, but I had an argument a few years ago when they were saying, “Why don’t we list all the ingredients that go into a Mars bar, a KitKat, a Twix or a bottle of Coca-Cola?”, so that people would read them and say, “I’m not going to eat that”. The “mind-forg’d manacles” of poverty mean that you will go for the Coca-Cola whether or not it is good for you. These are the things that we need to do to dismantle poverty. One of the simplest ways is to concentrate the Government by bringing in all the philosophical, intellectual, cultural and social reasons why people are caught in poverty.
Children’s Wellbeing and Schools Bill
Baroness Smith of Malvern Excerpts(5 days, 3 hours ago)
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The Minister of State, Department for Education (Baroness Smith of Malvern) (Lab)
My Lords, before I turn to the amendments in the first group, I want to be clear, as many noble Lords have recognised, that the measures in Clause 10, together with those that we will come to later in Clauses 12 to 18, are part of an overarching, broad-ranging strategy to fix the market for placements for looked-after children.
The review conducted by my honourable friend Josh MacAlister, which several noble Lords have quite rightly referenced, and the report from the Competition and Markets Authority were explicit that the placement market is dysfunctional and that some private providers are making excessive profits from placements for our most vulnerable children. We are now taking concerted action to address this, including through measures in the Bill, but also through a wide range of non-legislative measures, to deliver a broader range of providers in the market so that local authorities have more options when finding the right place for children in their care. These must be the right homes in the right parts of the country, so that children do not have to move miles from their communities and support networks, as many noble Lords have referenced in this debate. These homes must be delivered at a sustainable cost to the taxpayer by providers no longer making excessive profits. A failure to address the dysfunction in the system has led to many of the issues that noble Lords are rightly identifying today, which they hope and expect us to respond to—not only, I suspect, in these clauses relating to regional care co-operatives but more broadly in the action that we are taking to fix that dysfunctional market.
Amendments 108 to 116 in the name of my noble friend Lady Longfield seek to amend the definition of local authorities’ strategic accommodation functions as defined by this clause to ensure that it meets the current and future needs of looked-after children. This and my noble friend’s contribution exactly get to the crux of the problems we are trying to solve here. She is correct, as I have already suggested, about the issues raised by the lack of sufficiency caused by the current placement market for children. Children being too far away from home; too big cost pressures; inappropriate placements: those are all things that this provision and the other elements of our strategy are aimed at addressing.
Amendment 119ZA from the noble Baroness, Lady Barran, sets out the principles that local authorities that have formed a regional care co-operative, following a direction from the Secretary of State, would have to adhere to when commissioning accommodation for looked-after children. She is right that the provisions in this clause relate to the direction powers for the Secretary of State in circumstances either where local authorities have refused to take part in regional arrangements or perhaps where regional arrangements have been set up and local authorities might not have managed to be part of any of those arrangements. I certainly think it is already the case that authorities are trying to bring themselves together into regional arrangements, precisely to be able to solve some of the issues that we have outlined.
The Government completely agree that there must be sufficient accommodation for all children who are looked after by their local authority and that in future this accommodation must meet their needs and provide appropriate support. It should allow them to live as close to home as possible, where that is in their interests. That is precisely the reason for trying to ensure that the market operates more effectively.
But it is also the case that there are existing legal requirements on local authorities to the effect of some of the understandable calls that have been made in these amendments and by other noble Lords. Local authorities already have a general statutory duty under Section 22G of the Children Act 1989 to take such steps, as far as is reasonably practicable, to ensure that there is sufficient accommodation within their area to meet the needs of looked-after children. They are also under a duty, via Sections 22 and 22C of the same Act, to provide accommodation that meets the needs of looked-after children by ensuring it is consistent with the child’s welfare and has due consideration to the child’s age and understanding, as well as their wishes and feelings. Finally, they have a statutory duty under Section 22C(8)(a) and (9) of the 1989 Act to ensure they provide accommodation that allows children to live near their home, unless it is inconsistent with the child’s welfare or not reasonably practicable. Those duties will all remain.
The problem is not that there is no legal recognition of these issues and the need for them to be taken into consideration in providing sufficient accommodation and placements for children. It is that the market has prevented local authorities being able to fulfil their statutory requirements. That is why regional care co-operatives, which in the legislation are called “regional co-operation arrangements”, will assist local authorities in meeting these duties, including by analysing what accommodation is needed for children across the region, publishing sufficiency strategies, recruiting and supporting foster parents and commissioning care places, as recommended by both the review conducted by Josh MacAlister and the report from the Competition and Markets Authority. They will support local authorities to carry out their strategic accommodation functions but, as I have suggested, these functions are not new and are already in law, including the duty to take steps, as reasonably practicable, to ensure sufficient accommodation for looked-after children. Any decision-making responsibility for where individual children are placed, however, will continue to rest with local authorities.
Amendment 116A in the name of the noble Baroness, Lady Barran, would prevent the Secretary of State adding to a local authority’s strategic accommodation functions for regional care co-operatives. I would like to reassure the noble Baroness of the safeguards in place regarding the power to add to the list of strategic accommodation functions to be exercised through regional care co-operatives. I slightly lost track of whether she was accusing the Government of currently having a Henry VIII power within the legislation— I will go back and check.
Baroness Barran (Con)
I was aware that my remarks may not have been clear that, in the department’s own memorandum, it describes this power as being akin to a Henry VIII power.
Baroness Smith of Malvern (Lab)
I will certainly take advice and look carefully at that, but I assure the Committee that the appropriate committee, the name of which escapes me, has of course looked in detail at the delegated provisions within the legislation and we will be responding to the committee and covering off any issues that might be of the sort of concern that the noble Baroness raises.
I hope to provide some further reassurance on that. First, the scope of regulations is limited to those local authority functions covered by specific sections of the Children Act 1989, namely Section 22A, the duty to accommodate looked-after children; Section 22C, how looked-after children should be accommodated by the local authority; and Section 22G, the duty to ensure sufficient accommodation for looked-after children.
Baroness Cash (Con)
I thank the Minister for giving way. I had actually looked at all the data currently collected, and I am grateful for the summary given to the Committee just now, but the amendments are directed at understanding where these children are going and how those specific placements work out, so that need can be assessed and planning for future need can be made. They are also directed specifically at the numbers of places and the children who go into those. I appreciate that burdening any party with more data collection is never attractive, but this is about children being taken from home and placed with strangers—which, even as an adult, does not bear thinking about—and waking in the morning and coming downstairs in a strange home.
I really implore the Government to give some consideration to the basic humanity of this. It has cross-party support in this House and has been supported by numerous charities and by the Labour MP Josh MacAlister’s independent review. There is a consensus. What I am not hearing—and perhaps I am missing it—is why we would not seek this data so that we can improve the outcomes for these children.
Baroness Smith of Malvern (Lab)
I am always willing to allow noble Lords to intervene, but I was actually coming to another paragraph in my speaking note, which I hope addresses the point that the noble Baroness makes. The Government are not suggesting that the current analysis or collection of data is sufficient. That is why we intend to improve our data on placements, as we set out in Keeping Children Safe, Helping Families Thrive. This will give local authorities better information, as she suggests, to assess need and the longer-term demand for placements and to support the delivery of the functions that we are asking regional care co-operatives to carry out under Clause 10. It will also be published on GOV.UK.
I do not know whether that assures the noble Baroness that the Government do have some humanity but I take her point, and that is why I was coming to the reassurance—I hope—that the Government do want to ensure that we have better data, including being able to address the issues around outcomes that she identified. That is why we will also be bringing forward a national data programme that will address the gap in national and regional data, particularly around the underlying costs of children’s social care placements, but we will continue to think about how we can improve the data that is available to us.
Baroness Butler-Sloss (CB)
My Lords, I apologise for not being present at the beginning of the discussion of these amendments. One issue that I was worried about many years ago, and I would be surprised if it did not happen still, is the fact that once a child moves from its local authority area to a local authority somewhere else, the sending local authority completely loses contact with anything that happens to the child—even though, as I understand it, it retains a certain responsibility. I wonder whether anything can be done to make sure that each local authority—that which the child comes from and that which the child goes to—is actually in touch and discussing what happens.
Baroness Smith of Malvern (Lab)
As usual, my friend the noble and learned Baroness makes an important point about the application of the law in this particular case. I think, as she suggests, that legal accountability and responsibility remains with the authority placing the child, but that does not mean that, in practical terms, there should not be engagement, and I would have thought that that would have been good practice. I also think that it is important that there is clarity about where the responsibility stays. That goes for the care co-operatives as well.
Lord Bellingham (Con)
My Lords, I am very grateful to the Minister for the extremely comprehensive response that she has given the Committee; it lasted a while but she covered a lot of ground on a lot of amendments.
I certainly agree with what she had to say about the wider strategy of trying to fix the current placement market and, above all, making sure that the right home is in the right place for children around the country. She certainly gave me some comfort on the role of the RCCs and the way in which they are going to be able to help local authorities and work with them and take pressure off them. I am grateful that she mentioned that there is going to be work in progress to look at the consequences of the abolition of NHS England.
On the role of the ICBs, I should have been aware of Section 10 of the Children Act 2004, because I was on that Bill committee many years ago and I remember the clauses about multi-agency safeguarding and the other bodies that are involved in this process.
I am very grateful to the Minister. I am sure that colleagues here will look very carefully at what she said. If need be, I for one will want to discuss this further with her and will look carefully in more detail at her reply, and maybe come back to this on Report. In the meantime, I thank her and beg leave to withdraw my amendment.
Baroness Spielman (Con)
My Lords, I would like to speak to Amendments 119 to 124 very briefly. We have touched on some very important points, and there is something that still needs to be crystallised. As others have said, these are some of the most troubled children in the system. They are also the ones whose care is probably the most expensive of all. Such specialised arrangements have to be made. We have touched on the tensions here between local authorities, the health service and the justice system. One of the reasons for the increase in the number of orders is the reduction in the number of justice secure beds and also tier 4 mental health beds. We have this terrible lacuna around children whom the health system deems to have, for example, untreatable personality disorders but who very clearly need to be looked after somewhere where both they and others can be kept safe and to have everything that we can do to improve their lives and to help make life work for them on a permanent basis in a healthy, humane way. This is an enormous challenge. I would very much like to hear the Minister explain how the health functions of government are also going to be tied into making the deprivation of liberty scheme work.
Baroness Smith of Malvern (Lab)
My Lords, as others have said during the course of this important debate, Clause 11 is about provision for some of the most vulnerable children in the country and the importance of ensuring that adequate support and necessary safeguards are available to them. The measures in Clause 11 brought forward by the Government seek to bring more children, who would otherwise be deprived of their liberty under the inherent jurisdiction of the High Court, into a statutory scheme where they will benefit from enhanced safeguards and protections. I will say more in response to specific amendments about those enhanced safeguards and protections.
The clause provides a statutory framework to authorise the deprivation of liberty of looked-after children in provision other than a secure children’s home where there are not enough places, and which cannot meet the needs of all this cohort. Noble Lords will be aware of the pressing need to ensure that these children are provided with sufficient suitable placements to meet their various needs, including in Scotland.
This brings me to government Amendments 125 and 128, which will allow local authorities and others in Scotland to seek authorisation in Scottish courts to deprive children of their liberty in relevant accommodation in England. As noble Lords will be aware, relevant accommodation will have the primary purpose of care and treatment and will also be capable of being used to deprive a child of his or her liberty if required in connection with the provision of care and treatment. We are also making a consequential change to amend the language from “restrict” to “deprive”, to ensure consistency with existing amendments to Section 25 of the Children Act 1989 provided by Clause 11. These amendments will ensure that Scottish local authorities can access all forms of accommodation to enable a child to be deprived of their liberty in a placement that best meets their needs.
Amendment 119A, tabled by the noble Baroness, Lady Barran, addresses important issues around how best to support and protect another vulnerable group of children by seeking to allow children who have an education, health and care plan and who are in residential schools to be deprived of liberty in those settings under this legislation. The primary purpose of a residential school is to educate the children living there. Each child’s EHCP will have specified requirements to meet the child’s educational needs. In contrast, Section 25 is a specific legal route for placing looked-after children in specific accommodation where there is a need to avoid absconding or injury to the child or another person, often due to complex trauma. Clause 11 will not require any child to move from a residential school that is meeting the child’s needs. Where deprivation of liberty is required for a child living in a residential school, mechanisms other than Section 25 can be considered. For older children, that might include an application to the Court of Protection.
Amendment 119B seeks to remove “injure” from the clause but, as the noble Baroness spells out, is probing what is meant by the terms within the criteria under Section 25 of the Children Act. I am grateful for the opportunity to clarify that “injure” in this context has a wide meaning, including physical, mental or emotional injury. The criterion for an order under Section 25 is long-standing and has been well tested by the courts. I confirm for the noble and learned Baroness, Lady Butler-Sloss, that Section 25 orders are issued by the family courts. I am confident, given the long-standing and well-tested procedures for Section 25, that it will continue to ensure that children can be deprived of their liberty to keep them safe where appropriate and necessary.
Amendment 120A seeks to ensure access to education for children in the new relevant accommodation outlined in Clause 11. I agree with the noble Baroness, Lady Barran, that access to education for our most vulnerable children is of the utmost importance to ensure that they can thrive and get on well in life. That is why there is substantial existing legislation in this regard, setting out the legal duties on local authorities to promote children’s educational attainment and include educational needs within care plans, as well as regulatory requirements for children’s homes to meet children’s educational needs. The intention behind “relevant accommodation”, which will be registered children’s homes, is to focus on ensuring that the child obtains the relevant treatment, which may involve depriving them of their liberty, but where they may also be able to have, for example, continued access to the community, including for education. It is also more likely to provide the closeness to the community and to their homes which several noble Lords have rightly said is an important right and need of children that must be continued.
Baroness Berridge (Con)
I thank the Minister. Can she simply confirm in the letter that the position may be that we are left with a residual group of children who will still need the inherent jurisdiction? It might be that the legislation just does not reach quite far enough at the moment.
Baroness Smith of Malvern (Lab)
I will clarify that in the letter.
On Amendment 131 tabled by the noble Baroness, Lady Bennett, on the important matter of the use of restraint on children in care and subject to deprivation of liberty orders, it is vital that children are safe and that restraint is used only where appropriate, including when they are moving between settings and services. We take these concerns very seriously. We will consider guidance on restraint in due course.
However, the question about children being handcuffed remains, and I will endeavour to get more detail about that and to come back to the noble Baroness. Providers, in conjunction with placing authorities, are under an obligation to use the minimum appropriate restriction to keep a child safe.
Baroness Bennett of Manor Castle (GP)
I may be a little too soon, but I wonder whether the Government are minded to ensure that there is, as my amendment would provide, some kind of reporting mechanism to keep track of things. There may be cases where that is necessary. Surely this is something there should be an annual report on so that we can see the direction of travel and whether there is a problem that needs to be tackled.
Baroness Smith of Malvern (Lab)
Noble Lords are very premature today. I was coming not quite to that but to something that I hope will be satisfactory in relation to that reporting mechanism.
Ofsted, as the independent regulator of children’s homes, manages incidents of restraint on a case-by-case basis under its inspection framework. The children’s homes regulations place a requirement on homes to record any incidents of restraint and on the registered person to inform Ofsted of any incident in relation to a child that they consider to be serious. We think that Ofsted inspectors are best placed to scrutinise individual incidents of restraint and the circumstances around them and to ensure that care providers are minimising its use. We are not clear that a yearly report to Parliament aggregating that data would add anything in this case, although it would create an additional burden and risk distraction from this important work. It would, in fact, probably be significantly less effective in safeguarding children and recording the incidents than the Ofsted approach currently being used.
Amendment 133 tabled by the noble Lord, Lord Farmer, seeks to promote family and other social relationships for children subject to deprivation of liberty orders by publishing local authority plans to support children in that regard. As mentioned in respect of earlier amendments tabled by the noble Baroness, Lady Tyler, I reiterate the Government’s agreement that, wherever possible, it is vital for a child’s welfare to have positive family and social relationships. Given that the Children Act 1989 and the supporting guidance already seek to ensure that family and other relationships for looked-after children are promoted while keeping children safe, and that this forms part of Ofsted’s inspections of local authorities, I am not sure it is appropriate or necessary to increase the burden on local authorities by mandating them to publish that information. I recognise the points made by the noble Lord, or it may have been somebody else speaking on his behalf, about the effectiveness of the lifelong links programme. I think we referenced that previously, and I can see the enormous benefit that can come from it.
Amendment 134C tabled by the noble Baroness, Lady Barran, seeks to ensure the affirmative procedure for regulations made under Section 25 of the Children Act 1989. I agree with the noble Baroness that it is important to ensure that regulations on this matter are subject to the correct scrutiny. She referred to the Delegated Powers and Regulatory Reform Committee’s report in which this was raised. We are grateful to the committee for its scrutiny. We are carefully considering its recommendations and will respond in due course.
Amendment 506B in the name of my noble friend Lord Watson seeks to delay commencement of Clause 11 until regulations are made to ensure that non-means-tested legal aid is available in relation to applications to deprive a child of their liberty under Section 25 of the Children Act 1989. I assure my noble friend that where an application is made to deprive a child of their liberty as a result of any measure the Bill brings forward, those children will be eligible for state-funded legal aid representation using the same criteria that currently apply to all children subject to orders under Section 25. This means that children will be able to access legal aid without needing to satisfy means testing.
I hope that noble Lords think I have provided nearly all the detail requested in these amendments. On that basis, I commend the government amendments to the Committee and hope that noble Lords feel able not to press theirs.
Baroness Butler-Sloss (CB)
This may be a rather silly question, but in my experience of the Atkinson secure accommodation unit, every child needs at least two carers. There are even children who need three. I wonder how a children’s residential care home will manage a child deprived of liberty. It will be an extreme case and the child will be unbelievably difficult to look after.
Baroness Smith of Malvern (Lab)
Nevertheless, we believe that it is possible. On the definition of relevant accommodation, we believe that it is possible to find those sorts of homes—sometimes supported by the use of technology to help maintain security for children, and certainly needing a certain level of staffing, as the noble and learned Baroness said—and that, for many children, it is preferable to live in that type of accommodation as opposed to the alternative, which has been to be deprived of their liberty under the inherent jurisdiction of the courts. Actually, some of that type of accommodation may well be more suitable for things such as maintaining contact, having education and being closer to the community.
“(6A) In subsection (5A), for “restrict the child’s” substitute “deprive the child of their”.”Member’s explanatory statement
This amendment ensures consistency with the terminology in section 25 of the Children Act 1989 as amended by clause 11.
“(9) In section 93 of the Children (Scotland) Act 1995 (interpretation)—(a) in the definition of “secure accommodation”, omit paragraph (b);(b) after that definition insert—““secure accommodation” , in relation to England, means secure accommodation within the meaning of section 25 of the Children Act 1989 or relevant accommodation within the meaning of that section;”.(10) In section 202(1) of the Children’s Hearings (Scotland) Act 2011 (asp 1) (interpretation)—(a) in the definition of “secure accommodation”, omit paragraph (b);(b) after that definition insert—““secure accommodation” , in relation to England, means secure accommodation within the meaning of section 25 of the Children Act 1989 or relevant accommodation within the meaning of that section,”.”Member’s explanatory statement
This amendment ensures that the clause 11 amendments to section 25 of the Children Act 1989, to allow local authorities in England and Wales to seek authorisation for the deprivation of liberty of children in accommodation provided for care and treatment in England, extend to local authorities in Scotland.
Children’s Wellbeing and Schools Bill
Baroness Smith of Malvern Excerpts(5 days, 3 hours ago)
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The Minister of State, Department for Education (Baroness Smith of Malvern) (Lab)
My Lords, I shall speak to amendments in group 4. As other noble Lords have identified, we have a market that is dysfunctional and not working appropriately. That results in the types of pressures and complexities for local authorities that we have heard about and has been described by several reports.
In 2022, the Competition and Markets Authority found that the children’s social care placement market was dysfunctional. It found that the largest private providers were making profit margins significantly above what would be expected in a well-functioning market. The LGA also found, in 2023, that the 20 largest independent providers made profits exceeding £300 million in a year. There is a considerable discrepancy between the levels of profits made in this market and those made, on average, across non-financial businesses in the rest of the economy. I do not believe that there should not be a market in this particular area, but it is completely clear that the excess profits being made are not the sign of a properly functioning market. They are the sign of a market that is distorted, dysfunctional and failing to serve children and young people and the local authorities which are paying the costs of funding the profits, as opposed to investing in their children.
We clearly need to make reforms, and that is what the Bill is partly about. I will come to some of the other reforms not included in the Bill that are also part of the overall programme. Additionally, local authorities currently have no way of knowing if a provider, or members of its wider corporate group, is at risk of failing financially. That is why amendments in this group cover Clauses 14 and 15 of the Bill and related issues.
I will start by addressing the point raised by the noble Baroness, Lady Barran, about Clause 14 standing part of the Bill. Clause 14 introduces a new financial oversight scheme for children’s social care, a key part of our wider reforms of the market. We are aware that a provider of children’s social care places suddenly closing its provision as a result of financial failure could have a significantly detrimental impact on the care and stability of where children and young people live. Currently, as I have said, local authorities have no way of knowing whether a private provider or its corporate owners are at risk of failing financially. If a large provider were to fail and suddenly exit the market without warning, it could be difficult for local authorities to find alternative placements for those children or places that appropriately met their needs. That is why we are developing this new financial oversight scheme in children’s social care. This will, for the first time, increase financial and corporate transparency of difficult-to-replace children’s social care providers, allow for an accurate, real-time assessment of financial risk and strengthen forward planning.
The noble Baroness, Lady Barran, rightly asked some detailed questions about how the system will work. We are not developing this completely from first principles. We have worked closely with the Care Quality Commission to learn from its existing market oversight scheme, which operates for a similar purpose in adult social care. That was set up in the wake of the collapse of Southern Cross in 2011. We are confident that we can operationalise this and make it effective.
The way in which the scheme is being designed means that those on the scheme will also be required to submit a recovery and resolution plan containing information on risks to a provider’s financial stability and plans to reduce those risks. The Secretary of State may also require providers or a corporate group member on the scheme of heightened financial risk to undergo an independent business review. The noble Baroness asked whether the independent business review would use the recovery and resolution plan. For reasons that I will explain, those are two important but slightly separate elements of the scheme.
Amendment 134A, tabled by the noble Baroness, Lady Sanderson, seeks to require all local authorities to publish the prices that they pay for private placements of children’s homes on an annual basis. Before I get into the detail of the amendment, the noble Baroness suggested that other parts of the overarching strategy that we must put right in this failing market were potentially not being taken forward. That is not right. The fact that something is not in this legislation does not mean that it is not part of the Government’s overall approach to improving the sufficiency of placements. Alongside the legislative provisions in this Bill, we are also developing a national data programme to address that gap in national and regional data around the underlying costs of children’s social care placements. We are also extending our national support programme to provide additional support to local authorities in forecasting, commissioning and market shaping. We are investing considerably in local authority capacity. There will be £560 million in capital investment between now and 2029-30 to refurbish and expand children’s homes and foster-care placements, alongside additional investment in foster-care sufficiency.
On the point about market diversification, raised by my noble friend Lady Thornton, we are exploring options to encourage new providers such as charities and ethical investors to enter the market. I will certainly talk to my honourable friend Minister Daby about how we can bring people to a round table to think about that market diversification.
We are improving both the workforce and the registration of new children’s homes and supported accommodation to support the reforms we are making to the market. This is a wide-ranging, strategic and important programme of work, and in the Bill we are looking at the legislative elements of that.
I agree with those noble Lords who talked about the importance of data transparency. That will be part of our wider package of measures and will cover not only placements in children’s homes but fostering and supported accommodation placements. I am glad that the noble Baroness, Lady Sanderson, is supportive of the need for that change. I assure her of our ongoing commitment to it. We want to ensure that local authorities have the necessary information, capability and tools to shape the market, negotiate more effectively, secure better-suited placements and achieve greater value for money. It is, of course, also a function of an appropriately working market that there is better and clearer information than has been the case up until now.
On the point about whether and how we do that with local authorities, we are clear that these changes should be supportive in nature rather than seeking to add additional burdens to local authorities. For that reason, we are considering the best way to help local authorities to make informed decisions when commissioning placements—utilising the data we expect them to collect on costs—and how they can provide better data and cost transparency. We will outline more plans on that in due course. I agree with the principle about the need for much better information.
Amendment 140 tabled by the noble Baroness, Lady Tyler, seeks to apply the financial oversight scheme to providers of supported accommodation. I assure noble Lords that supported accommodation providers will be in scope for the financial oversight scheme. They are not in the Bill, which reflects how this type of provision is dealt with in the Care Standards Act. That Act was extended to cover supported accommodation by regulations. To ensure consistency, we will similarly apply financial oversight to supported accommodation through regulations, and that will occur once the financial oversight scheme comes into force. As I have said, the scheme will increase financial and corporate transparency of the most difficult to replace providers of supported accommodation, alongside the other forms of provision that have already been identified.
Amendment 140A tabled by the noble Baroness, Lady Barran, is where we get into some of the detail about the independent business review and the recovery and resolution plan. I want to reassure the noble Baroness that the independent qualified person undertaking the IBR will of course be able to request the provider’s recovery and resolution plan if that is necessary to inform their assessment. The RRP is a proactive contingency plan that requires providers to mitigate risks and prepare for the worst-case scenario of financial failure in a way that minimises negative impacts on children. On submission, a provider’s RRP will be reviewed by experts in my department. I can assure the noble Baroness that we will of course ensure we have the appropriate expertise to be able to do that. As we are basing this on a similar model for adult social care, there is good learning and understanding about what will be required.
Separately, if we judge that there is a significant risk to a provider’s financial sustainability, the department may instruct a qualified person to conduct an independent review of its business. The IBR will examine the nature and extent of risks to a provider’s financial sustainability and provide additional assurances to the department in its assessment of financial risk. As I have said, that may well include a consideration of the RRP and, of course, the independent review of the business will be carried out by people with specific expertise in this area. We may well need to look for particular expertise for that.
Post-16 Financial Education
Baroness Smith of Malvern Excerpts(1 week, 3 days ago)
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Baroness Sater
To ask His Majesty’s Government what steps they are taking to ensure that young people receive adequate financial education in post-16 education.
The Minister of State, Department for Education (Baroness Smith of Malvern) (Lab)
My Lords, financial education is delivered through the national curriculum at key stages 3 and 4 through citizenship education and the mathematics curriculum. Although it is not compulsory at key stage 5, our 16 to 19 study programmes guidance sets an expectation that students take part in “other non-qualification activity” to develop life skills, including “managing personal finances”. If a student post 16 is studying a level 2 maths qualification, the maths GCSE and functional skills qualifications support financial education as well.
Baroness Sater (Con)
I thank the Minister for her response. This week, many schools are taking part in Young Enterprise’s My Money Week campaign. However, despite best efforts, according to the Money and Pensions Service, over half of our young people reach the age of 18 having received no meaningful financial education. Therefore, at this crucial time between the ages of 16 and 18, when they could be receiving their first pay packet and accessing financial products and services, we have no meaningful education available. Will the Minister therefore consider a national programme to ensure that all young people aged 16 to 18 are ready and equipped to navigate the financial world and manage their money? Perhaps this could be a good deployment of the dormant assets scheme.
Baroness Smith of Malvern (Lab)
I also recognise the contribution that Young Enterprise plays, having been both a participant in it as a student and an organiser of it as a teacher of economics and business studies. I know that it does enormously important work, as do others, in supporting children, young people and adults in understanding financial education. We could possibly look to the Money and Pensions Service, which is under the auspices of the DWP and set out in January 2020 a 10-year framework to help UK citizens make the most of their money and pensions, with a focus on financial education for young people. With respect to the dormant assets scheme, which the noble Baroness mentioned, the Department for Culture, Media and Sport confirmed earlier this year that there will continue to be funding from dormant assets for precisely the point that the noble Baroness makes, which is to challenge financial inclusion and support financial education.
Lord Sandhurst (Con)
My Lords, the Social Market Foundation reported last year—and this is very serious—that two in five young people, or 40%, are financially illiterate after they have been through school, so education in this field needs to start early. In the devolved nations, financial education is taught in primary schools. When will the Government start this in English primary schools? If they will not, why not?
Baroness Smith of Malvern (Lab)
All primary schools in England teach many of the skills that are important for financial education as part of the maths curriculum. They also have non-statutory but important programmes of study for citizenship. Of course, from the age of 11, all students have compulsory financial education as part of their national curriculum entitlement to citizenship.
Lord Hampton (CB)
My Lords, as a fellow teacher, does the Minister agree that, rather than having token PSHE-day education, practical financial education should be embedded in the maths curriculum throughout the key stages?
Baroness Smith of Malvern (Lab)
I do not necessarily agree with the noble Lord’s characterisation of the way that financial education is delivered, for example, through citizenship, but he makes an important point. I have just mentioned, of course, that financial education and the skills necessary to understand your finances and the concepts around them are part of the national curriculum from key stage 1 to key stage 4, and of post-16 maths study.
Lord Storey (LD)
My Lords, this is a very important Question from the noble Baroness. One in four 18 to 24 year-olds is in some form of financial difficulty. Lacking knowledge of where to go for help or services that can help them, they are often pushed to illegal loan sharks. Does the Minister not think that we should run a young person’s public information campaign, which could be targeted in colleges, jobcentres and sixth forms?
Baroness Smith of Malvern (Lab)
Of course, this is part of what the Money and Pensions Service strategy aims to do, as is the work I identified that is being supported by the dormant assets funding. We also need to work alongside the legitimate parts of the industry to make sure that the support and information that it is providing is made more broadly available to young people—and, in fact, to people throughout their lives. I suspect that those of us who did not have the opportunity to have even the type of financial education that children nowadays get have a continuing need to understand our finances well into our lives and, in particular, into our retirement.
Baroness Uddin (Non-Afl)
My Lords, I agree with my noble friend the Minister that many excellent examples exist in primary schools right across our country of financial literacy being taught to young people. Although I absolutely accept that, some urgent attention is required to ensure that children and parents are educated about their presence in the online world. Children as young as five years old are playing Roblox, and they need to extract money and card information that might be automatically available online. There is an urgent need for education very early on, but also among parents. Does she agree?
Baroness Smith of Malvern (Lab)
My noble friend makes an important point about the intersection of financial education and the need to ensure that our children have a good understanding about their online safety. Both those things, by the way, have been identified by the curriculum and assessment review that this Government set up as areas where it will want to say more when it reports in the autumn. As my noble friend says, parents have concerns as to whether there is sufficient space and direction in the school curriculum for these areas to be covered.
Baroness Evans of Bowes Park (Con)
My Lords, we all know how important it is to manage our personal finances in adult life, and I am sure the Minister is aware that research shows that financial education makes young people more confident with money management and helps them to make better and more informed financial decisions. So, will the Government consider participating in the OECD PISA study of financial literacy, which could help identify gaps in current provision and allow better monitoring and benchmarking of progress towards every young person leaving education with a strong foundation of financial capability, which I am sure we all appreciate will be invaluable in their working lives?
Baroness Smith of Malvern (Lab)
I have had some very good contacts with the OECD about the work that it is doing, not just in this area but more broadly. I cannot commit at this moment that we will take part in that study, but I will certainly undertake to go away and consider whether there are opportunities there.
Baroness Wheatcroft (CB)
My Lords, children leaving care are particularly disadvantaged in this area. Can the Minister say whether there will be special provision for children leaving care to be provided with financial advice for when they are really on their own?
Baroness Smith of Malvern (Lab)
The noble Baroness makes a very important point about the need to support young people leaving care. That, of course, is the reason for making personal advisers available to young people in that position. It is why, as we have been, and will be, debating in the Bill that comes later and more broadly in the Government’s reforms, we must be much clearer about the support available to care leavers and the offer that needs to be made available to them in all parts of the country.
Baroness Garden of Frognal (LD)
My Lords, the Minister spoke about citizenship in schools. We had a brilliant committee last year on 11 to 16 education, which came out with amazing recommendations, all of which the Conservative Government turned down, so it would be very nice to know that the Labour Government will pick those up. Can she say what success we are having in recruiting citizenship teachers? This was one of the big difficulties when all this was put into citizenship.
Baroness Smith of Malvern (Lab)
I know that since citizenship was established—in fact, I had some responsibility for it the first time I was a Minister in the Department for Education—there has been enormous progress in the ability to deliver those sorts of skills to children in our schools, but also an ongoing challenge to make sure we recruit the specialist teachers in order to be able to do that. That is why the Government are determined to increase the numbers of specialist teachers by 6,500, and why we have put in place the financial and training support in order to encourage them into the profession and keep them in it.
Children’s Wellbeing and Schools Bill
Baroness Smith of Malvern Excerpts(1 week, 3 days ago)
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The Minister of State, Department for Education (Baroness Smith of Malvern) (Lab)
My Lords, in speaking to the amendments in this group, I recognise that there is an enormous consensus in this debate about the significance of family and social relationships for looked-after children, for children in care and for all of us. This is why we feel so strongly that these are relationships we need to protect as far as possible for the children who are looked after by the state. It must be key, as several noble Lords have said, that we are able to maintain those strong relationships.
Perhaps at this point I should give a shout-out to my two sisters, who, after my mum, are the longest relationships by far that I have had in my life. As other noble Lords have said, when the going gets tough, it is your siblings who provide you with the support necessary—if you are as lucky as I am with mine—to get through those times.
We have a responsibility to help those children whose lives have been even more difficult to be able, wherever possible, to maintain those relationships. When a child is in care, as other noble Lords have said, the local authority must allow reasonable contact with the child’s parents, if it is consistent with the child’s welfare. These amendments seek to place equal duties on local authorities to allow reasonable contact with siblings of children in care. They also seek to strengthen wider family and social relationships for looked-after children.
We very much agree that it is important for a looked-after child’s welfare to, wherever possible, have and maintain positive relationships with their parents, siblings, wider family and friends. The importance placed on these relationships is echoed at all levels of a child’s care journey and is supported through current arrangements and statutory processes. We have heard in more than one debate today about the excellent work that has been done, for example, by lifelong links, which is supported in 22 local authorities by funding from the Government, and which is operating more widely than that. The noble Lord, Lord Storey, is right that, when it comes to relationships, we need to focus on quality as much as quantity and on the sustainability of those relationships.
For local authorities, there are existing duties in the Children Act 1989 to endeavour to promote contact between looked-after children and their relatives. This includes siblings, friends and other connected people, unless it is not reasonably practical or consistent with their welfare—the Children Act is clear about that. Good social work practice would ensure that there was a strong understanding of the people who are important in a child’s life, the nature of the relationships and an ability to be able to plan for how those relationships can be sustained.
Equally, when determining an appropriate placement for a child, local authorities must, as far as reasonably practical, ensure that the child can live with their sibling, if that sibling is also looked after. The importance of this is laid out in the care planning regulations. For those involved in care planning, regulations already make it clear that arrangements to promote and maintain contact with siblings must be included in a child’s care plan. This prioritises consistency, stability and lifelong loving relationships with those who are important to children and young people.
If a child is concerned about the level of contact that they have with their sibling or other family members, they should be encouraged to speak to a trusted person about this, be that their social worker, their independent reviewing officer—who has a responsibility to ensure that the plans being made for the child or young person are appropriate, including those that involve maintaining relationships—or an advocate. Under current legislation, in extreme circumstances children in care can apply to the court for contact with any named person, which could include a sibling, and siblings can seek permission from the court to apply for a contact order. Furthermore, as I think we heard from the noble Lord, Lord Meston, the court should consider contact in making a care plan for that child.
For foster carers and, for example, staff caring for children in children’s homes, there is statutory guidance and regulations to promote positive relationships between a child and their family and friends. More broadly, a very strong theme in the Bill is our working to promote strong family networks in all areas of children’s social care—for example, through the measures on family group decision-making, which we discussed right at the beginning of Committee. That might be an appropriate way to address the issue that the noble Baroness, Lady Finlay, raised about bereaved children. The noble Baroness is right that, in those cases, it is particularly important that, at the point at which they are bereaved, children would be able to maintain contact with those who they have left in their lives.
I hope I have recognised the important arguments behind both these amendments, and that I have provided some reassurance to noble Lords that existing laws, regulations and guidance already strongly value, and have an expectation around, the importance of sibling relationships and other relationships, while ensuring children’s welfare. I suspect that this is a place where the law, regulations and standards are already in place. What we need to do is focus on the significance of this and on the good practice of social work needed to enable it to happen. Social workers around the country will be focusing on it, and I hope us having had this debate will make it more likely that it will be brought to the fore in people’s thinking. I hope, therefore, that the noble Baroness will feel reassured enough to withdraw her amendment.
Baroness Tyler of Enfield (LD)
My Lords, I thank the Minister for her very empathetic response. Following her example, I guess I ought to give a shout-out to my brother. We have been through some quite difficult times together, and that is what leads to that enduring relationship.
I thank all noble Lords who participated in this debate. It has been one of those debates that shows this House at its very best, and that we can deal with issues to do with love and emotions. I am grateful for the Minister’s response. My reaction is as follows: it may well be that this is currently written into existing legislation and guidance, but I know from all the care leavers I used to speak to on a regular basis that, far too often, it simply does not have much impact on the ground—and I think this was a point made by the noble Lord, Lord Meston. One of my objectives in putting this amendment forward was to have something in the Bill that makes it absolutely obvious that sibling contact is a right. It would be really encouraging for children in care to know that it was there.
Between now and Report, it would be helpful to have further discussions about the extent to which the problem is that this is just not clear enough in law, and so we need to put something in—which, again, as was said, would not have any cost implications—or whether it is more to do with social work practice on the ground. I am a great believer in both/and, so I think we may well be returning to this on Report. On that basis, I beg leave to withdraw the amendment.
Baroness Barran (Con)
My Lords, the context for my Amendments 134 and 178 is, as we have heard in this short debate, that we face a very severe shortage of foster carers. As other noble Lords have said, this Bill feels like a huge missed opportunity to try to address this problem. Honestly, I do not really understand why the Government have not chosen to do more to address it—but perhaps the amendments in this group will offer the way.
The noble Lord, Lord Watson, and the noble Baroness, Lady Tyler, mentioned that there is currently a shortage of 5,000 foster carers in England; that is 33 foster carers per local authority. It just does not feel like an insuperable problem to find 33 homes across the country in each local authority—though, absolutely rightly, my noble friend Lady Spielman spoke of the very high prevalence of complex needs in children who go into foster care.
This speaks to the amendment in the name of my noble friend Lord Young of Cookham and others about a strategy, which would also address the recommendation in the MacAlister review that we need more flexible models of fostering. As we have heard, of just over 160,000 families who expressed an interest in becoming foster carers in 2020-21, only just over 2,000 were approved—a conversion rate of 1.3%. I understand that many applicants apply to multiple agencies and so get counted twice. There may be timing issues for potential carers, and there are structural challenges, including pay and the need for training, and difficulties in the application process, as we have heard. This is the most significant area for the roughly 83,000 children in care. Over 56,000 of them are in foster care, half of them with independent agencies and half in local authority foster care. That is a very big and important number, and it feels fundamental to address it.
It sits at the heart of what we might call the children’s homes problem of cost and profits, which we will debate in subsequent groups. If we had more foster carers, the pressure would come off children’s homes, prices would adjust and we would be in a much better situation, particularly, as the noble Lord, Lord Bird, put so convincingly, because the wraparound of foster care—the fact that there is a family and relationships—leads to vastly better outcomes for the child. For all those reasons, this is an important group, and I hope that Amendment 143 is one that the Minister takes very seriously.
My amendments are much simpler. Amendment 134 would give more flexibility to allow young children over the age of three to share a room. My intention is that this would apply to primary-aged children, although re-reading my amendment I think that my drafting skills have come through yet again. Having talked to directors of children’s services in London and other areas with high housing costs, I know that the number of potential foster carers with several spare rooms is very limited. I am aware that some organisations in the sector see this as a safeguarding risk, but I argue that we are already trusting the foster carer to care for a very vulnerable child. Within that, we should trust their judgment about the sleeping arrangements of the children in their home. Sadly, safeguarding risks are not confined to what happens in a child’s bedroom. This amendment could potentially add several hundred more places, at little or no cost, in areas with the greatest pressure to place children locally, and would avoid children being placed very far from home—as we have heard about several times today—their roots and their communities.
This is not the only way to expand capacity. Another would be to invest in initiatives such as the Greater Manchester Room Makers scheme and roll it out more widely. It provides funding for foster carers to renovate existing rooms or build extensions to allow them to care for more children.
My Amendment 178 seeks to clarify the delegated authority that foster carers have for the children in their care. This was tabled in the other place by the honourable Member for North Herefordshire and received a positive response from the Minister. I seek further confirmation from the Minister here that the Government still intend to consult on this point. Perhaps she could update the House on the likely timeline for the consultation and for the secondary legislation to be amended.
Thinking more broadly, and returning to Amendment 143, it would help the House if the Minister could share other ideas the Government are working on to improve recruitment and retention. I spoke recently to the organisation Now Foster, which is developing “weekenders”—that might not be the right term—which offer regular weekend placements for children who might be either in kinship or foster care, giving much needed rest and space to both parties, and a consistency and stability for the child or young person that can extend beyond the age of 18. Crucially, it also gives foster carers a chance for a more modest but still substantial commitment, rather than taking in a child full time with everything that entails. This idea—again, this came up in the MacAlister review—of having different options and different models of fostering is long overdue for more work.
My noble friend Lord Young of Cookham talked about the importance of a support network for foster carers. I visited an amazing group of foster carers—some brand new and about to receive their first child, some who had been fostering for over 20 years—who are part of an employee co-operative, Capstone Foster Care, in Peasedown St John in Somerset. Again and again they spoke eloquently about the impact of that network on their ability to foster and to offer love and care to very vulnerable children.
They also talked—this ties in with the amendment in the name of the noble Lord, Lord Watson—about the need for a really positive recruitment campaign. Most people hear about fostering only when there is a case of severe neglect or worse. But across the House we have heard examples of many noble Lords who have either been foster carers or who recognise the extraordinary and life-changing work that foster carers do. We need that message to get outside this Chamber and out to people who might consider this and see it as a respected and important profession. We need more innovation in this area to unlock the potential in our communities to provide this kind of support for children who need it, and to improve retention.
Baroness Smith of Malvern (Lab)
My Lords, this has been a well-informed debate on the amendments in group 5 concerning foster care, particularly informed by those who have had personal experience. The noble Lord, Lord Young, gave his experience of being a foster carer and I agree that the noble Lord, Lord Bird, made a very important contribution on what it feels like to be a child in the system and the lifelong impacts that has.
I think there has been a consensus once again that foster carers offer crucial support to some of the most vulnerable children in our society. They provide love, stability and compassion to children and young people when they need it most. We very much share the concerns raised in this House about the falling numbers of fostering households—a fall of 9% since 2020—and the effect this has on children. Perhaps it was the late night I had had, but I felt marginally grumpy about the suggestion from the noble Baroness, Lady Barran, that because there is not more about fostering in this legislation, somehow or another that means that this Government are not committed to righting the decline we have seen over recent years. Therefore, I will take the opportunity to spell out exactly what the Government have been doing. There is a tendency in this House, which is understandable because we are legislators, to think that things happen only if they are put into legislation. I hope I can demonstrate that there is plenty happening on fostering due to the actions of and investment put in by this Government.
Lord Bird (CB)
I just wanted to remind us of a little bit of history. Napoleon said that a battle plan strategy was the most useless thing on earth but that you were lost without it.
Baroness Smith of Malvern (Lab)
That is good, because I was about to say—although I think he called it a battle plan, not a battle strategy—that the Government will set out our plans for foster care in due course, bringing together the range of activities that is already happening and taking on board the need to go further in the way that noble Lords have rightly pushed us to today.
Amendment 105, introduced by my noble friend Lord Watson, is on the introduction of a national foster care register. As he outlined, fostering services currently maintain local registers of foster carers alongside records relating to prospective foster carers. A national foster care register would insert central government into the systems and processes of foster care oversight, which are currently deployed locally. But as he said, and as I think my honourable friend in the other place outlined in Committee there, we are considering the possible benefits and costs of a national register of foster carers as part of our wider reforms.
There are a range of proposals for such a register. It will require some careful consideration. Specifically, I am sure we all recognise the need to ensure that a national foster care register would also meet local needs and avoid unforeseen negative consequences, and that it would overcome some of the risks surrounding the security of sensitive data, as well as imposing additional bureaucracy on the sector. But we want to engage with fostering stakeholders on this issue to determine next steps, and we can see some of the advantages of the national register that my noble friend outlined.
Amendment 134, tabled by the noble Baroness, Lady Barran, is on the sharing of bedrooms for foster children to enable foster carers to look after more children in their home. She identified that one of the pushes for this comes back to one of the fundamental issues that we will discuss on upcoming clauses and which lies very much at the heart of the Government’s reforms: the insufficiency of high-quality places, fostering or otherwise, for the children who need them. I completely understand the belief that changing standards in this way might enable us to increase capacity.
I have already identified that the Government will invest money, for example, in allowing extensions and other ways that foster carers might alter their homes to provide more space and capacity for children. But it is also the case that our national minimum standards already allow foster children aged three or over to share a bedroom, subject to conditions being met, which are in place to safeguard and protect children. That means that fostered children, such as siblings, can share a bedroom where it is in the best interests of the child, provided that each child has their own area of the room.
We can update those national minimum standards at any time. We do not require a change to Section 23 of the Care Standards Act, as suggested in this amendment, to do so. The language in this amendment would change the tone of the national minimum standards. I am not averse to the point that is being made here; we just need to be careful about the balance that we are setting. It would shift the default position to present room sharing both as appropriate and, in fact, standard practice, rather than the current tone, where room sharing should be considered where it is not possible for each child to have their own room.
I think we all agree that children in foster care deserve to be treated as a good parent would treat their own children and to have the opportunity for as full an experience of family life and childhood as possible. I know that there are many good parents who will have children who share bedrooms, especially at a younger age, but I also know that for many children, fostered or otherwise, and for many parents, the gold standard would for them to have their own room. If we add to that the fact that children often enter foster care after experiencing neglect or abuse, including sexual abuse, and may have a greater need for their own personal space and for privacy, we can see the need to be careful about shifting the position to promoting sharing.
We recognise that room sharing in foster care may be suitable, as I have said, particularly for siblings, and we think it is right that flexibilities are already in place, but we are reluctant to suggest that room sharing should be promoted as standard practice. Importantly, we have seen no evidence from children and young people themselves to suggest that they want room sharing to become standard practice in foster care.
Baroness Barran (Con)
The Minister mentioned that the Government are putting funding into extensions and so forth. Will she write with details of how many additional places that funding is expected to secure? I do not mean precisely, but just to give a sense.
Baroness Smith of Malvern (Lab)
Yes, I am happy to do that. Of course, that is just one part of the sufficiency work that the Government are doing and that other elements of the Bill aim to make progress on, but I will write specifically on that project.
Amendment 178 on delegated authority for foster carers, which is also tabled by the noble Lady Baroness, Lady Barran, would give foster carers more autonomy and flexibility. All foster carers should have delegated authority in relation to day-to-day parenting of the child in their care, such as routine decisions about health, hygiene, education and leisure activities. That is so that they can support the child in having a normal upbringing, full of the experiences and opportunities that any other child would have. Under the current system of delegated authority, if something is not listed on the child’s placement plan then the foster carer does not have delegated authority and they must check with their social worker before decisions can be made. Foster carers can only take decisions that are in line with the child’s agreed placement plan and the law governing parental responsibility. This amendment would change that current system of delegated authority.
I have considerable sympathy with the idea that if we are asking people to take on the crucial role of caring for children on a day-to-day basis and making them part of their families then they also need the authority to be able to do that in the rounded way that any parent would expect to have. That is why we have begun conversations with foster carers and fostering services about proposed changes to ensure that all foster carers should have delegated authority by default in relation to the day-to-day parenting of the child in their care. We think that reforming this policy area would benefit from a period of consultation with stakeholders to ensure that any change to delegated authority best reflects the interests of all parties but, following a consultation, we are committed to implementing necessary amendments to secondary legislation. We do not believe that we would need changes to primary legislation in order to do that. Delegated authority is outlined in the Care Planning, Placement and Case Review (England) Regulations 2010. I hope that provides some assurance to the noble Baroness that, in that area, we very much see the case being made and want to make progress.
With all the assurances and further information that I provided, I hope that noble Lords will feel able not to press their amendments.
Lord Storey (LD)
My Lords, as a local councillor in Liverpool, once a week I do what I call my “Keeping in touch”, where I go to each resident with a little form and ask them to fill out any particular concerns they have in the area: “Leave it outside your letterbox, and I’ll be back in an hour to pull it out”. I did the final household and thought, “I will finish now and go home”. The lady opened the door and said, “Everything is fine. We didn’t need to fill it out”. I said, “Oh, that’s good news. Goodbye”.
As I was walking down the path, the lady said, “Actually, there is something you could help me with.” I said, “What is it?” She said “No, I don’t think you can help me.” I said “Well, what is it?” She said, “I and my husband adopted two children when they were two-and-a-half years old. One is now 11 and the other is 12. The boy was severely traumatised as a two-and-a-half year old, so much so that he has to have regular therapy sessions. The problem is that the grant we got has been cut by nearly £2,000, and we now cannot afford the therapy sessions.” I said, “Okay, leave it with me and let me think this through.” I thought, “Well, I will put down a Written Question to the Minister.” We know how Written Questions work, do we not? Those who have been Ministers will know that, often, they try not to reveal all the facts as they happen to be.
Lord Storey (LD)
Oh, goodness, I would not suggest that for one moment of the current Minister—or the previous Minister.
My Written Question was:
“To ask His Majesty’s Government what assessment they have made of the importance of the adoption and special guardianship support fund.”
The Answer from the noble Baroness, Lady Smith of Malvern, was:
“This government fully recognises the importance of support for adoptive and kinship children and families. The Adoption and Special Guardianship Support Fund … has been a valuable part of the support landscape for ten years. This is why we have provided £50 million of funding for the ASGSF for 2025/26, alongside £8.8 million for Adoption England, to complement the range of support available in local areas.”
I did a little further research, because that seemed to tell me that everything was okay and that this family need not worry: they were not getting any cuts. Almost half the ASGSF awards last year exceeded the new £3,000 allowance, so some children will receive cuts of almost 40%. Data shows that thousands of children will now go without the therapy they need as a result of this cut. Alongside this cut has gone a separate allocation of up to £2,500 per child per year for special assessments. This has been completely removed. Match-funding support for children with an exceptional level of need has also been removed. Previously, the ASGSF provided up to 50% of the funding for up to £30,000 per child, with the rest provided by the local authority. The consequences of these changes are that any new specialist assessment must now be paid for from the £3,000. Therapy care or support must also come within this budget, regardless of need. Support that was given may no longer be given.
Change can exacerbate issues for children with attachment and trauma-related needs, who require sustained, regular support. Building trust with a therapist takes time, but continuity of care will now be harder. Children with the most complex needs now face a highly uncertain future, which may may lead to increased exclusions, due to behavioural issues that were traditionally tackled with therapy. An increase in issues such as child-to-parent violence threatens family placements further.
This family just cannot cope any more because the funding, as we have heard, has been cut. Whether that is the element from the local authority or from the Government, I do not know, and I have been unable to look into that any further. The language we sometimes use in such cases is interesting. Need for funding is now framed as demand. Such language is insensitive to children who need the funding—SEND children as well as children who have experienced significant trauma.
I do not want to talk any longer on this. Given that we had the Statement yesterday from the Chancellor and there is a bit of extra money for education, maybe a small amount of it can be used in these cases. We all know the figures on fostering and adoption. Anybody who adopts a child—never mind two children—into their family, brings them up and supports them needs all the help we can give them. I feel lucky that, because I am in your Lordships’ House, I can use the opportunity to try to help this particular family. I hope the Minister will look sympathetically on my amendment.
Baroness Smith of Malvern (Lab)
My Lords, I will speak to the amendments in group 6. This is the second group of amendments in a row where I think that, quite rightly, we in this Committee will recognise the enormously important contribution made by those people willing to take children into their homes and families as a result of adoption. As other noble Lords have said, and as I know from having spoken to people who have adopted children, it is something that can bring enormous pleasure, satisfaction and completion to some families, and is often very much wished for by families. However, because of the nature of the experiences that children have gone through and the history of some of those children, notwithstanding that a family when adopting a child take on responsibility for that child and they become part of their family, I completely understand the need for there to be ongoing support for children in those circumstances.
Without going too far into history, one of the very first pieces of legislation that I did the last time round when I was a Minister was the Bill that became the Adoption and Children Act 2002. At that point, there was still quite a lot of discussion and debate about whether it was legitimate to provide any support for children in adoptive families. Notwithstanding the concerns that have been expressed as a result of these amendments, it is the case that considerable progress has been made in understanding the nature of the challenge and the reward that comes from adoption, the types of experiences that children may well have had before going into adoption, the impact that that has on families, and the requirement to provide support on an ongoing basis for children who are adopted. I recognise that the amendments in this group cover that issue of support for adoptive and kinship children, as well as how we can ensure and review the quality of adoption support that is being provided.
This is a significant area, to which the Government are committed. Although there are some difficult elements in the amendments, I am nevertheless pleased that the noble Lord, Lord Storey, and my noble friend Lord Watson have tabled them and enabled us to talk about adoption.
I reiterate the point I previously made about fostering. The fact that something is not covered in this particular piece of legislation should not be taken as some sort of statement about the significance of that issue for this Government, or about its importance for children and families. The point of legislation is to address those areas which have shortcomings in the legislative framework. Our view, certainly at this moment in time, is that the adoption legislation framework is fit for purpose, and our focus needs to be on supporting Adoption England and regional adoption agencies to improve local practice and set national standards so that there are high-quality adoption services across the country. That needs to be the priority, rather than thinking about how and whether we need to change legislation. Adoption is a priority for this Government and will remain so. Of course, most importantly, it is a vital permanence option for some children.
On the points made about the adoption and special guardianship support fund, I note the points made by the noble Earl, Lord Russell, about the history of adoption—
Lord Russell of Liverpool (CB)
It is actually Lord Russell. I have told this to the House before, but in 1959 my grandfather and Bertrand Russell—the then Earl Russell—jointly wrote a letter to the editor of the Times that said: “Dear Sir, we would like to point out that neither of us is the other. Yours, Russell, Russell of Liverpool”.
Baroness Smith of Malvern (Lab)
I am glad to know that I am not the only person who has made that mistake. I apologise to the Chamber and to the noble Lord, Lord Russell.
The noble Lord talked about the important work done by the all-party group and part of the history of ensuring that there is sufficient focus through government activity to provide the necessary support for adoptive families. The adoption and special guardianship support fund has given valuable support to over 53,000 individual children over the 10 years that it has been in place. Many have received support for multiple years, which is a point that I will return to when talking about the criteria.
The Government have continued to support the ASGSF; we provided £50 million for 2025-26. There has been an increase in demand—some noble Lords argued it was an increase in need. Then you face a challenge, regardless of how much money is allocated, as to whether you provide more support for fewer children and families, or ensure a level of support for a larger number of children and families.
The revised funding criteria effective from April 2025 will continue to enable children to receive an excellent level of support, many at similar levels to before, and £3,000-worth of therapy remains a substantial amount of support. On the point raised by the noble Baroness, Lady Barran, about the assessment, children and families receive this support over several years and I think I am right in saying that this £3,000 would include the assessment. Perhaps the next year or the year after that, it would not be necessary to redo the assessment, and £3,000 would fund 19 to 20 hours of therapy on current average costings. As I say, there are many children and families who are receiving similar levels of support as before, although I recognise the case brought to the attention of this Committee by the noble Lord, Lord Storey, where families have seen that as a cut in the provision that they have been able to receive.
Local authorities can continue to supplement available funding locally through the mainstream children’s services budget, if assessments deem this necessary. As I have said, the revised criteria will ensure that all children can continue to receive support. It is important to recognise the significance of the contribution that this support provides, even if in some cases it does not feel as though it is enough support to respond to the considerable challenges that families are facing. For that reason, the Government recognise that recent changes to funding levels came unexpectedly, and therefore local areas had limited time to plan.
I hope I can provide some reassurance that applications under the revised criteria are now being not only received but processed as speedily as possible, so that children can receive the therapy that they need. The Government will continue to assess the implementation of adoption support arrangements, including the adoption and special guardianship support fund. We will be taking forward discussions on the delivery and management of funds in future years. Across the department, we have heard the concerns that have been expressed in the Committee this evening and, most importantly, that have come from the families affected.
The ASGSF, like other government expenditure, is subject to business planning decisions following the spending review, and these decisions will obviously need to take into account the full range of government priorities. The ASGSF is not a statutory arrangement. We believe that it should remain flexible to provide an effective service, and that it would not be helpful—as proposed in these amendments—for decisions on funding levels to be made in isolation from consideration of other budgets. However, as I say, I recognise the strength of feeling expressed today and by others outside Parliament.
Lord Russell of Liverpool (CB)
I have just checked, and I think the Minister mentioned that, with the £3,000, the average number of sessions that would be allowed is about 12.
Lord Russell of Liverpool (CB)
The range of applications for the support fund over the last few years has typically been between 20 and 50 sessions per annum, so it is right on the margin.
Baroness Smith of Malvern (Lab)
I did say that it would fund 19 to 20 hours. I also made the point that this is something that does not happen within only one year; it is something that can continue, in order to provide support.
However, I also said that I recognise the strength of feeling expressed today and by others outside Parliament. We will of course take these issues into account when making decisions about how to allocate funding from the DfE budget for future years. I hope this will assure noble Lords that we are considering these issues very carefully.
On Amendment 145 in the name of my noble friend Lord Watson, I agree with my noble friend that adoption support should be high-quality. Of course, Ofsted already reviews how well authorities are delivering adoption services and publishes reports on each authority every three years. The Secretary of State has powers under the Education and Inspections Act 2006 to require Ofsted to provide information on or conduct an inspection of any specified function of the local authority that falls within its remit, which may include adoption support services. Ofsted reports regularly on adoption support in local authorities, children’s social care inspection reports and on adoption agencies.
Apprenticeships: Entry Requirements
Baroness Smith of Malvern Excerpts(3 months, 1 week ago)
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Baroness Whitaker
To ask His Majesty’s Government how they support people enter the apprenticeship system who have not been able to meet the entry requirements, including on literacy.
The Minister of State, Department for Education (Baroness Smith of Malvern) (Lab)
My Lords, apprenticeships are jobs with training, so it is employers who make recruitment decisions. But we have introduced flexibilities, so that adult apprentices no longer need to achieve stand-alone English and maths qualifications, while strengthening job-specific English and maths training. This will allow more adults to access apprenticeships and support thousands more to achieve them, helping to meet skills shortages in sectors such as construction and healthcare. Apprentices under 19 must still achieve these qualifications, putting them in the best possible position to progress in life and work.
Baroness Whitaker (Lab)
My Lords, I am pleased to hear that Answer. But the potential of a very large proportion of 16 to 18 year-olds in the Gypsy, Roma and Traveller communities—a larger proportion than for any other minority ethnic group—to enter further education and/or to gain the apprenticeship status which could get them employment is still not being realised. In the years 2019-24, their entry into apprenticeships was never more than 170 per year. Does my noble friend the Minister agree that the main reason, the significant drop-off in secondary school attendance and attainment for these children, needs targeted research into the many causes, encouragement of schools to sign up to the pledge to create a Gypsy, Roma and Traveller-friendly environment, and specific interim action; for instance, to expand the relaxation—
Baroness Whitaker (Lab)
It is coming—to expand the relaxation of the requirement for level 2 maths and English for young people judged to be capable?
Baroness Smith of Malvern (Lab)
My noble friend is a valued advocate for Gypsy, Roma and Traveller communities, and her work is important in helping us to understand what more the education system needs to do to enable their achievement. We recognise the issues faced by young people in those communities and want them to thrive, whether at school or in work. I want more people from underrepresented backgrounds to be able to access apprenticeships. I attended a very useful round table with some of our largest employers just this morning to talk about this issue. We are developing new foundation apprenticeships for those starting their careers. This is also an important step towards our youth guarantee of education, employment or training for every young person.
Lord Baker of Dorking (Con)
My Lords, I support what the Government are doing in reducing the levels of numeracy and literacy for apprentices starting. The House should remember that the apprentices of the 18th century who created the Industrial Revolution did not sit numeracy or literacy tests. The colleges for which I am responsible—the university technical colleges—produce 20% of the students in this country becoming apprentices at 18, while schools produce only 4%. As a result of these changes, I am sure that our percentage will increase, meaning that many more youngsters will be able to benefit from high-quality apprenticeship training.
Baroness Smith of Malvern (Lab)
The noble Lord goes slightly further back in history than I do; nevertheless, I understand and share his view. We expect apprentices to continue to learn the maths skills and the English and communication skills necessary for the occupational standards within which they do their apprenticeship, but not to have to pass a separate qualification in maths and English. I reiterate that we will still expect young people up to 18 to study and achieve qualifications in English and maths.
Lord Laming (CB)
My Lords, the Minister’s response to the noble Baroness’s Question was most encouraging, because she well understands that this generation of young people have experienced a great deal of disruption in their education; not just during but since the pandemic, there has been a great deal of absenteeism in schools, as she knows. Can she assure the House that we will not only encourage this generation of young people but demonstrate to them how much we value their potential?
Baroness Smith of Malvern (Lab)
The noble Lord is absolutely right that we need to work harder to make sure that all children are able to succeed in school and that all young people have the opportunities to then go on in education or training. In the area of apprenticeships, that is one of the reasons for introducing, as we will do later this year, foundation apprenticeships, which will provide that first step on the employment and training ladder for young people who perhaps would not otherwise have been able to access it. We will continue to find ways to ensure that all young people, particularly those from disadvantaged backgrounds or those who have faced other challenges in life, can fully achieve the opportunities that they deserve and can make the most of them in their lives.
Lord Addington (LD)
My Lords, does the Minister agree that the vast number of people who have special educational needs—I declare my interests in this field—and who can have their problems in education solved by using voice-activation and readback facilities to access at least English, should be allowed to do so, as these facilities are so readily available? Without them, we would exclude a lot of people with the mere notion of exams or qualifications.
Baroness Smith of Malvern (Lab)
The noble Lord is right that assistive technology can make a big difference both to children in school and to young people as they enter training and higher education. That is why, for higher education, we will continue to ensure that the disabled students’ allowance provides support for students to fully access learning, and why we make specific provision for young people entering apprenticeships who have an education, health and care plan.
Lord West of Spithead (Lab)
My Lords, bearing in mind the crucial significance of the maritime sector to our nation’s wealth—and, indeed, survival—can my noble friend the Minister say what we are doing to encourage more maritime apprenticeships both in the Merchant Navy and more widely?
Baroness Smith of Malvern (Lab)
My noble friend is right about that. I will write to him with some of the details about the occupational standards that already exist to enable apprenticeships in the maritime industry. We have seen a development of these occupational standards, supported by employers and others. I agree with him that ensuring this apprenticeship route—whether into the maritime industry or more broadly, particularly across industrial areas that have been identified in the industrial strategy—is a crucial way to enable growth and opportunities for individual young people.
Baroness Barran (Con)
My Lords, the Minister says that the Government are committed to making sure that young people have a good grounding in English and maths. If that is the case, why have the Government cut the number of hours of maths teaching in colleges from four to three hours a week?
Baroness Smith of Malvern (Lab)
We provided a continuation of the expectation that young people who have not achieved level 2 in English and maths continue to have the ability to study those subjects. We continued the funding to enable that and provided some flexibility for colleges to deliver that in a way that is most appropriate for them.
Lord Aberdare (CB)
My Lords, what can the Minister say about the plans for the proposed new growth and skills levy? How will that, first of all, increase the number of apprenticeships being taken up by younger people aged 16 to 25—which is disappointingly low—and, secondly, how will it promote greater provision of apprenticeships by small and medium enterprises?
Baroness Smith of Malvern (Lab)
The noble Lord is right to ask us about the growth and skills levy. The current apprenticeship levy and system are—employers tell us—too inflexible and do not allow some of the provision that would ensure precisely that more young people are able to enter apprenticeships. That is why, at the first stage of delivering flexibilities in the growth and skills levy, we will introduce foundation apprenticeships along the lines I outlined, which will encourage far more young people to come into apprenticeships. In doing that, we will also support the small and medium-sized enterprises, which tend to have younger people as apprentices and take more people from disadvantaged backgrounds. We will also introduce flexibility around the minimum length of an apprenticeship, so that in areas where it makes sense to teach the whole standard in a shorter time, or for those who already have a considerable amount of prior learning, that minimum will go to eight rather than 12 months.
Baroness Bakewell of Hardington Mandeville (LD)
My Lords, every young person is good at something. Finding that is not always easy. The required level in maths and English for entry to FE and apprenticeships acts as a barrier to Gypsy and Traveller young people. Does the Minister agree that it would be more effective to open up technical and vocational training schemes to these young people, without the need for relevant levels in maths and English, to enable them to fulfil their full potential?
Baroness Smith of Malvern (Lab)
To be clear, the issue is not that not having maths and English prevents you starting an apprenticeship. That is up to the employer to determine who they recruit to the job that will go alongside the apprenticeship. It also does not stop people from entering college. However, for 16 to 18 year-olds in particular, to ensure that they have the best opportunity to progress in life and they have the basic skills that will enable them to do so, we expect that they then pursue—between 16 and 18—the learning and qualifications necessary to give them those basic skills in English and maths.
Industrial Training Levy (Construction Industry Training Board) Order 2025
Baroness Smith of Malvern Excerpts(3 months, 1 week ago)
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Baroness Smith of Malvern
That the Grand Committee do consider the Industrial Training Levy (Construction Industry Training Board) Order 2025.
Relevant document: 18th Report from the Secondary Legislation Scrutiny Committee
The Minister of State, Department for Education (Baroness Smith of Malvern) (Lab)
My Lords, I thank the Secondary Legislation Scrutiny Committee and the Joint Committee on Statutory Instruments for the scrutiny they have provided to this order. This statutory instrument, laid in draft on 5 February, will allow the Construction Industry Training Board to raise one more year of levy on the construction sector to fund training. In particular, I welcome the £40 million from levy funds that the CITB is investing in homebuilding skills hubs to support the Government in reaching our 1.5 million homebuilding target.
The CITB’s latest figures state that the construction sector contributes £186 billion to our economy and employs 2.1 million workers—unquestionably a significant part of the UK economy. However, the sector’s reliance on subcontracting and self-employment means that investment in workforce skills is too frequently left to others to prioritise. This levy order reflects the key role that industry plays alongside government in making its workforce safe, competent and increasingly productive.
Established in 1964 with a remit across England, Scotland and Wales, the CITB’s legal purpose is to encourage the provision of construction training. It is a purpose that, some 60 years on, the independent 2023 ITB review found is still needed, due to what the lead reviewer, Mark Farmer, identified as “ongoing market failure”. His report accepts that the current ITB model, a statutory levy system for construction employers, remains the best way to fund such training. The CITB also remains a key partner with government and is an important player in our plan for change. It will work closely with Skills England when it emerges from the passage of legislation through these Houses.
Over the last three years, the CITB has used levy funding to support almost 69,000 apprentices, given grants to over 44,000 businesses and delivered masterclass courses in areas including roofing and bricklaying. This order is the vehicle to bring in just under £224 million of focused funding from the construction sector for the CITB to deliver training and skills activity to support our missions. I trust that noble Lords will continue to support this approach of levy funding training within the construction industry.
Before I outline the details of the SI, I will address the duration of this order. The primary legislation permits a one-year levy order without consensus, the process of consulting with industry, as long as certain criteria are met. The CITB wanted to give industry time to consider the impact of the ITB review before debating its support for three years of levy payments through the usual consensus process. With the delayed ITB review publication truncating the available time before current levy income runs out, the CITB provided me with levy proposals for one financial year. With the ITB review now published, the CITB will start consensus next week on proposals for a 2026 three-year levy order and will listen and respond to industry views in earnest on that.
I turn to the details of the SI. This one-year order retains the levy assessment rates prescribed by the three-year 2022 order: 0.35% of the earnings paid by employers to directly employed workers and 1.25% of the contract payments paid to indirectly employed workers. The levy order exemption threshold means that employers with an annual wage bill of below £135,000 are exempt from paying any levy at all. The CITB estimates that 69% of in-scope employers fall into that category. The levy order reduction threshold provides a 50% reduction for employers who pay a wage bill between £135,000 and £449,999. A further 15% of employers are in scope of this provision and would pay reduced contributions.
Both thresholds have been increased from the 2022 order to prevent employers who have increased employee wages exceeding the limit and facing new or increased levy rates. Employers who are exempt or pay reduced levy rates are still eligible to claim CITB support. The large volume of eligible employers is counterbalanced by the amount of levy paid by larger employers, enabling the few to support the many for the wider benefit of the construction industry.
In lieu of the typical consensus process, the CITB sought views on the one-year proposal from its 14 prescribed organisations, sector federations representing around 30% of all levy-paying employers and the nation councils for England, Scotland and Wales. The vast majority were supportive, and subsequent industry engagement via CITB comms channels and engagement with trade media has not attracted any dissent over a one-year approach. With the ITB review and the CITB’s strategic plan now published, industry is in a much stronger position to enter consensus for the 2026 proposals and make informed decisions.
In conclusion, I have confidence that your Lordships’ Committee will have suitably scrutinised the impact assessment that was laid with the levy documentation; this articulates how the CITB proposes to spend the levy raised by this order. This spend is focused on activities that support the Government’s ambitions to deliver on the plan for change, especially in commitments to build 1.5 million homes in this Parliament and to drive growth for the good of the nation. This order will enable the CITB to continue carrying out these vital training responsibilities. I beg to move.
Lord Storey (LD)
My Lords, I always remember how the late Lord Andrew Stunell, who was a spokesperson at one stage for the construction industry, used to rage at us about the huge shortages in every branch of construction. He said, “Just imagine, if we were able to fill these vacancies, how we would be able really to boost the economy and opportunities for young people”.
With an estimated 250,000 extra construction workers needed between now and 2028, it is vital to look at a wide range of ways in which to increase the number of new entrants to the recruitment pool, creating a more diverse workforce. One problem is the mismatch between supply and demand; individuals find it hard to find the right route into a role in construction, and it can be economically challenging for employers to invest in apprenticeships and new entrants.
Better pathways need to be created into the industry. Construction needs to grow apprenticeship starts, which are the main source of industry recruitment at entry level. In addition, around 30% of further education learners need to be able to progress to an apprenticeship or job in construction by assuring employers that they have the skills and experience they need.
Another problem is retention. Better retention of trainees and current workers in construction can significantly reduce skill shortages. Nearly 60,000 new entrants leave the industry each year. We need to retain the current workforce—many leave due to preventable reasons, such as poor workforce culture or limited career progression. Developing a training and skills system to meet the current and future needs, with CITB working with Skills England, will, I hope, start to reverse the problems we face. We very much welcome the levy.
Baroness Barran (Con)
My Lords, I rise to speak on this draft order, which, as the Minister set out, directly impacts the future development of the construction sector’s workforce. As we heard from the Minister, the CITB has been responsible, for the past 60 years or so, for ensuring that the sector has the skilled, diverse and competent workforce that it needs to meet both current and future challenges.
However, as we heard, following the 2023 review of the industrial training boards led by Mark Farmer and published in January 2025, it is clear that we need some radical changes to the way that we address the structural skills shortages in the construction sector. So we are left with a one-year SI, which of course is far from ideal from the perspective of the sector, but we accept that it gives time to work out an alternative approach. I hope the Minister will be relieved to hear that I think there is little to debate in relation to this SI, which I imagine will mark the end of an era, but it gives us an opportunity to hear from the Government about how they plan to deliver on the recommendations of the Farmer review.
I thank Mark Farmer, on behalf of these Benches, for his leadership of the review and his approach to analysing the challenges that the sector faces. His review does not mince its words, if that is the right phrase, by underlining the extent of the challenge facing the sector and the need for radical change in the way that skills are developed.
We welcome his focus on the need for a “competent, productive and resilient” industry, with the capacity to deliver on the nation’s critical infrastructure projects while ensuring high standards of quality and safety, and
“a ruthless focus on addressing the future workforce capacity, capability and resiliency challenges set out in this review”.
His recommendations are clear in terms of merging the ITBs into a single workforce planning and development body for construction and construction engineering, supported by a statutory levy. The shortages in the workforce that employers face are shown starkly by the combination of wages rising far faster than the national average while productivity has fallen. In the words of his review, these are
“crucial lead indicators of the industry’s future trajectory and represent a direct challenge to the effectiveness of the ITBs over the last 15-20 years”.
The review highlights the continued reliance on labour intensity but, sadly, appears to conclude—if I have understood correctly—that there are still too few incentives for individual businesses to markedly review that reliance through capital deployment or production model reforms. Of course, one unintended consequence of the increases in employers’ national insurance contributions might be more capital investment, but surely this is a clear call to the Government to create exactly the incentives that are currently lacking if the productivity of the sector is going to see the kind of step-change improvement that it needs. I would be grateful if the Minister could comment on that.
The review also argues for
“a pivot in levy spend with a more forced redistribution for maximum industry impact”—
I love that; it is so direct. The review argues for
“more efficient industry drawdown and mobilisation of both ITB levy and apprenticeship levy”.
How can the Minister reassure the Committee that this will happen in practice and within the next year?
That leads me to the Government’s response to the review, which is where I began to worry. I reassure the Committee that, although my speech is longer than I had planned, it will not cover all 40 or so pages of the Government’s response. I absolutely know and believe that the Minister is very focused and cares a great deal about delivering on this area, but some of the responses left me very uneasy, and I would be grateful for her reassurance on this.
As the Minister said in her opening remarks, recommendation 1.1 is that the ITB model should be retained in terms of its “basic statutory mandate”, but it goes on to say that
“its strategic priorities, core capabilities and activity require wholesale transformation. This all needs to be ruthlessly focused on addressing the fundamental workforce resilience challenges facing the construction and engineering construction industries”.
The DfE response is:
“Meeting the skills needs of the next decade is central to delivering the government’s missions across all regions and nations. This government is committed to ensuring we have the highly trained and more productive workforce needed to deliver the national, regional and local skills needs of the next decade, aligned with the new Industrial Strategy and government infrastructure and built environment commitments. In this context, we agree that there is still a case to maintain the Industry Training Boards (ITB) in their basic form. The construction and engineering construction sectors recognise both ITBs service and that training levels would be negatively affected without the ITB model and are broadly convinced of each organisation’s value”.
I do not know what the Minister thinks, but that does not feel to me like the “ruthlessly focused” tone of the recommendation.
Recommendation 1.3 of the review is:
“Proposals to implement the recommendations set out below should be developed quickly with agreed milestones to be monitored by DfE. If DfE”—
I emphasise that—
“is unsatisfied with progress it should reconsider the viability of the ITB model”.
The department’s response says:
“Department for Education (DfE) officials will update ministers on progress as part of the implementation plan, with a view to commenting on the ongoing viability of the ITB model. This assessment of progress will be undertaken in conjunction with wider reform of the skills landscape, focussing on the introduction of Skills England and the Growth and Skills Levy (in England)”.
I had a couple of other examples, but I think my point rests.
I would be grateful if the Minister could address the question raised by the Secondary Legislation Scrutiny Committee in its remarks on the SI in its report. It said that,
“for the future period, agreement with the industry will be sought when there is little clarity about how the CITB will operate and, therefore, what the levy will be funding”.
Finally, in its briefing for this debate, the CITB explains that £143 million—over 12%—of the funds raised from the levy over the life of the Parliament will be spent on
“running the business, including grant and levy administration”.
I work out that this is about £28 million a year. I wondered how that compared with the projected budget for Skills England and what the Minister thinks about this as a level of running costs. Can this money, together with that of the Engineering Construction Industry Training Board, be put to use in addressing the urgency and importance of the recommendations in the Farmer review?
As the noble Baroness rightly said, the construction industry is vital for the future of our nation, and it is essential that we take an effective approach to its workforce needs. As the Official Opposition, we support the Government to ensure that the levy works effectively for the next year and hope very much that our concerns about the DfE’s response to the Farmer review prove to be unfounded, and that a year from now we will have a clear and compelling plan for the future of the sector and its workforce.
Baroness Smith of Malvern (Lab)
I thank noble Lords who have attended today for their contributions to this debate—we are of quality rather than quantity. I will endeavour to cover all of the questions raised; where I fail to, I will follow up in writing.
The theme of both noble Lords’ contributions relates to our shared understanding of the challenge for the construction sector to be able to meet current requirements for construction skills and the construction skills necessary to deliver the Government’s plan for change, particularly to build the 1.5 million new homes that we have committed to. I wholly understand noble Lords’ concerns that we need to do more to fill the considerable gaps that exist there. That is why a much wider range of activity will be necessary, such as the important work that the CITB is doing, including the £40 million contribution to housebuilding hubs that I identified in my opening speech, which will make a considerable contribution to construction skills. A much broader approach is going to be necessary from the Government as well.
Such an approach will encompass, as the noble Lord, Lord Storey, said, how we support our further education colleges to deliver the specific skills necessary, how we develop a broader and more flexible offer in the growth and skills levy than has been available up to this point, and how we ensure that the construction industry is making the most of the diversity of those who might be available to contribute to construction skills. The CITB’s analysis shows that just 7.4% of UK construction workers are from an ethnic-minority background and that only 15% of the workforce are female. We can see that there is much more work that the CITB and the industry need to do to ensure that we are developing a construction workforce that reflects the whole of our society and not just part of it. That in itself will enable us to go further in ensuring that people are coming into the industry.
In particular, the CITB in its homebuilding hubs will support individuals to become employment-ready and site-ready. It will support all people wishing to enter the sector, including underrepresented groups, women, and those from black, Asian and other minority-ethnic backgrounds. The Into Work grant supports progression to employment from FE provision. The noble Lord, Lord Storey, identified what is sometimes a leaky pipeline from training into work. There, employers can receive £1,500 if they support work experience and then recruit someone from an FE construction course. That funding makes local employment opportunities in SMEs more viable for employers. In addition, the CITB is funding the training of industry construction ambassadors on fairness, inclusion and respect, to drive improvements in human resources practices and site experience.
The CITB is already undertaking a range of activity. As part of the Government’s skills strategy, there is more that we will want to look at in relation to that pipeline, to support for employers and to the knowledge of employers, in order to take on those who have done training in the construction industry in our colleges so that they can take their place in the industry and maximise the contribution being made.
International Women’s Day
Baroness Smith of Malvern Excerpts(3 months, 2 weeks ago)
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Baroness Smith of Malvern
That this House takes note of International Women’s Day and the steps being taken to promote women’s participation and leadership in science and technology in the United Kingdom and internationally.
The Minister of State, Department for Education (Baroness Smith of Malvern) (Lab)
My Lords, I first say how pleased I am to open this International Women’s Day debate on my first full day as the Minister for Women and Equalities. In doing so, I take the opportunity to pay tribute to my predecessor, Anneliese Dodds, for the enormously important work that she did in this portfolio.
I also wish the House a very happy—almost—International Women’s Day. The theme of International Women’s Day this year is “Accelerate Action” because, right now, the pace of change just is not fast enough. In recent years—and, I am afraid, with recent Governments—we have seen far too many women left without the safety, security and opportunity they need. That is why the Government are determined to deliver for women through our plan for change, where women are central to all of the Government’s missions: from halving violence against women and girls to kick-starting economic growth, fixing the NHS and breaking down the barriers to opportunity. Through our plan for change, we are making the changes needed to make sure women’s equality becomes a reality. It will be an ambitious agenda for a decade of national renewal, and women will be at the heart of it. This International Women’s Day, we want to celebrate the achievements that have been made towards advancing women’s equality and redouble our commitment to deliver lasting change for women.
There is much that we—and I—could say about the achievements of previous Labour Governments and our plan for change. Today, we are focusing our debate on science and technology. We may not think of this place as a bastion of gender equality—we touched on that just yesterday in an Oral Question—but percentage wise there are more women in the House of Lords, a 1,000-year-old institution, than there are women in tech in the UK, a sector not much more than 100 years old. That gives us a sense of the size of the challenge. If our current trajectory continues, the world will not achieve gender parity until 2158. In the worlds of science and technology, those numbers could be gloomier still.
Our rate of progress will not see women making up an equal share of the tech workforce in the UK for another 283 years. That is an ocean of time—283 years ago, women in the UK could not vote, own land or property if we were married, go to university or enter most professions. Fortunately, we are not willing to let the current pace of change continue. This is a mission-led Government, squarely focused on creating a new era of opportunity and economic growth and a fairer society for all, and gender equality is imperative to that. So today I want to talk about how the Government are accelerating action in the UK and internationally.
First, I will just give a reminder of why this is so important. We should care about all forms of equality in science and technology for their own sake, but we should also care because this drives the betterment of our society and the strengthening of our economy. When women and girls are equally involved in shaping science and tech, the world gets faster breakthroughs, products that work properly and better returns.
We get faster breakthroughs because experts have told us time and again that diverse teams pursue new questions in new ways, leading to better research.
We get products that work because there is a long history of technologies built without women that do not work properly for the whole population. These are set out brilliantly by Caroline Criado Perez in her book Invisible Women, which I am sure many noble Lords have read. Crash-test dummies based on male bodies do not adequately protect women in cars; life-saving drugs, mainly tested on male animals, have a question mark over how they will work for women; and when the first voice assistants were created, they found it harder to recognise female voices because they had been tested only on the all-male developer team who built them. For some of us, that might explain why our phones and speakers do not take any notice of us—or it might be for other reasons.
Finally, we get better returns because businesses and economies stand to gain hugely here. Research consistently finds that gender diversity and ethnic and cultural diversity are both good for business. Companies in the top quartile for gender diversity in their exec teams are 25% more likely to outperform their peers on profit than those in the bottom quartile. Looking at the bigger picture, if women were to start and scale businesses at the rate that men do, we would see a potential £250 billion boost to the UK economy. Without gender equality, our growth mission is stunted.
Let us turn from the why to the what: what this Government are doing to promote women’s participation and leadership in science and technology. “Participation” takes in women as citizens of the digital world as well as creators of it, so we must think about digital exclusion, which disproportionately affects women, as well as online harms that women and girls are up against. My noble friend Lady Jones, closing this debate, may well go into those topics further. With the excellent range of speakers we have today, I am sure there will be plenty for her to respond to.
For now, I will focus on three pillars of improving diversity in science and technology. Skills: how do we make sure that women and girls have the know-how to participate in these sectors and pursue careers in them? Entrepreneurship: how do we support women to start and scale science and tech companies? Industry: how do we protect the rights of women employed by firms in this sector?
On skills, the Digital Poverty Alliance has estimated that if we help everybody currently in work to get essential digital skills, we could see a £17 billion increase in yearly earnings. But if we are to get that boost to the UK economy, we cannot afford to have such a big proportion of our population missing out. Globally, women and girls are 25% less likely than men to have enough digital skills to use technology.
As with everything we discuss today, we must recognise the experiences of the whole range of women in the UK. Women from lower socioeconomic backgrounds are much more likely to lack digital skills, as are women with disabilities. The good news is that STEM education is growing. In the 2022-23 academic year, there were 35% more STEM A-level entries from women and girls than in 2010.
Breaking down opportunities is one of the core missions of this Government, so here is how we are making sure that this trend continues in the right direction. Across the board, the curriculum review is considering how to modernise education and qualifications to fit with work in the 21st century. Skills England is reviewing what courses can better fill the digital skills gap. Our new levy-funded growth and skills offer, with apprenticeships at the heart, will deliver greater flexibility for learners and employers in England, aligned with our industrial strategy, creating routes into good, skilled jobs in growing industries. We promote STEM apprenticeships to girls in schools through fantastic volunteers such as STEM ambassadors and apprenticeship ambassadors.
Women’s participation in STEM has improved, but challenges remain. Women now make up 24% of the STEM workforce in the UK, surpassing 1 million for the first time. However, representation remains disproportionately low in certain fields, highlighting ongoing challenges. Higher education is playing a key role in driving change. Universities are implementing mentoring schemes, outreach programmes and gender-balanced research funding to support and retain female talent in STEM.
Early engagement is key to growing that pipeline of women into STEM. Government, employers and education providers are working together to inspire more girls to pursue STEM careers, including through the STEM ambassador programme and industry outreach initiatives. Here are just a couple of further skills programmes of which we are particularly proud. The CyberFirst Girls Competition invites girls aged 12 to 13 to crack codes and solve coding challenges, all to encourage them to pursue a career in cybersecurity. In 2024, 14,500 girls from more than 800 schools took part. On science, the CREST Awards, funded by UKRI, give young people the chance to run their own research projects aimed at solving real-world problems.
Another area where it is crucial that we build up skills is AI. The AI Opportunities Action Plan, launched by the Prime Minister in January, sets out how we will seize the enormous opportunity that AI presents to boost growth, raise living standards and transform our public services. But this opportunity must be open to all. Only 22% of those employed in AI right now are women. Women are also less likely to use AI in their day-to-day lives.
The Government will continue to back AI and data science conversion courses, allowing STEM graduates to gain an AI master’s. It is wonderful to see that 72% of students on these courses so far have been women, far higher than for comparable STEM master’s courses. With support from the DfE, DSIT will explore how to scale up extracurricular activities for girls in schools to cover AI, building on the National Cyber Security Centre’s successful work on cybersecurity skills.
The UK is also opening up opportunities for women and girls around the world. The Girls’ Education Skills Partnership is an £8 million collaboration between the UK, UNICEF and companies such as Unilever, Vodafone and Microsoft. Giving women everywhere the right skills helps them to see new avenues that are open to them, from working as a code breaker to being part of the AI revolution or founding a business of their own.
That takes us to entrepreneurship. Here, let us take a moment to share the story of just one of the brilliant female-founded science and tech companies. Nu Quantum was started by Dr Carmen Palacios-Berraquero as a spin-out from Cambridge. Quantum computing could be our most powerful tool to fight climate change, design better medicines and transform every industry. But to do that, quantum computers need to be 1,000 times more powerful than they are today. That is the challenge the team is working on. It is a team with diversity at its heart. Almost half its employees are women. It has more than 20 nationalities represented and is an LGBT-friendly workplace. Companies such as Nu Quantum are essential for women to look up to, because women are still starting science and tech businesses far less than men do.
When we look at funding challenges, it is little wonder why. Overall, female-founded businesses got just a 1.8% share of total equity investment in the first half of 2024, and that number shrinks further still when we look at the experience of women of colour. In tech, the average deal capital raised by female-founded AI companies is six times lower than that by raised all-male teams.
This Government are supporting female founders across our economy to get the finance that they need. The Women in Innovation programme, run by Innovate UK, has awarded over £11 million to female entrepreneurs since it started, and women now make up one in three successful bids to Innovate UK, up from one in seven. We also back the Invest in Women Taskforce, whose Women Backing Women Fund connects female investors with female-led companies. Specifically in science, the Future Fund invests in R&D-heavy companies in life sciences and deep tech, many of which are headed up by female founders.
As well as helping entrepreneurs find funding, we are supporting the finance sector as a whole to reckon with its role in this. Over 280 companies, including most major retail banks, have now signed up to the Investing in Women code, committing to improve access to finance for women. It is not just a piece of paper. Companies that have signed up are shown to outperform the rest of the market in giving equity to female founders.
The proportion of female-founded businesses around the world has increased steadily in recent years, but we must continue to give them the environment they need to fly, to create new role models for the next generation.
Finally, I turn to industry. We will keep working with science and tech firms to boost gender equality at all levels, particularly in senior roles. The Employment Rights Bill will be a cornerstone here. The Bill will make sure that women, no matter the workplace, are empowered, represented, protected and able to pursue meaningful careers, regardless of whether or not, for example, they plan to start a family. It expands gender pay gap reporting requirements, gives more rights to pregnant workers and new mothers and puts tougher duties on firms to prevent sexual harassment. It also introduces equality action plans, whereby large employers will have to set out what they are doing to improve gender equality. By making sure that science and tech firms foster inclusive working environments, we can make sure these are places where all kinds of people get to succeed.
I am delighted at how popular a debate this is to speak in today and that several Members of this House are about to make their maiden speeches, so I will make way now for them to share their perspectives, and look forward to my noble friend closing our debate, with invaluable insight from her joint roles as Minister with responsibility for science, innovation and tech, and for business and trade. Let me wrap up by reiterating that we do not just improve the participation of women and girls in science and technology because it feels like the right thing to do. We do it because we stand to unlock new realms of scientific advancement, technological innovation and economic growth—the key to everyone being better off—when more women and girls are at the table.
Schools: Mobile Phones
Baroness Smith of Malvern Excerpts(3 months, 2 weeks ago)
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Lord Young of Cookham
To ask His Majesty’s Government what is their position on the use of mobile phones in schools.
The Minister of State, Department for Education (Baroness Smith of Malvern) (Lab)
My Lords, we know that using mobile phones in schools can lead to online bullying, distraction and classroom disruption, which can lead to lost learning time. The Government’s Mobile Phones in Schools guidance supports schools on how to develop, implement and maintain a policy that prohibits the use of mobile phones throughout the school day, including during lessons, the time between lessons, break time and lunchtime. Head teachers are rightly responsible for the implementation of guidance within their schools.
Lord Young of Cookham (Con)
My Lords, I am grateful for that reply. I understand the tension between a clear national policy on the one hand and an element of local discretion on the other, but I was struck by the reply of the noble Baroness’s ministerial colleague, the noble Baroness, Lady Anderson, in a recent debate on this subject in your Lordships’ House, in which she said that
“last year, around a third of pupils reported that most of their lessons were disrupted in some way by a mobile phone”.—[Official Report, 28/11/24; col. 895.]
Is that not just unacceptable? Should the Government not consult on some stricter options, one of which would include a ban on mobile phones in primary schools and, in secondary schools, making them inaccessible during school hours, except where they are needed for medical reasons?
Baroness Smith of Malvern (Lab)
First, it is clearly unacceptable if lessons are being disrupted. That is, in many ways, a broader issue than whether mobile phones are being used and goes to the behaviour policies that every school has a responsibility to have and to develop with their parents. I think it is important that we look at the way in which schools are already taking action to limit mobile phones. Actually, schools are moving towards developing many of the things that the noble Lord has suggested should be in place. This comes back to the point he raised about whether we believe that, with clear national guidance, including examples of how phones should be controlled in schools, we should nevertheless allow a determination at school level by head teachers of how that is actually implemented. I think that the balance is broadly right at the moment, although it is of course important that we keep this under review and that we encourage schools to do what is necessary to enable all classrooms to be purposeful and calm and for every child to be able to learn.
Lord Storey (LD)
My Lords, the Minister is right that there is a place, I suppose, for phones in schools in terms of learning. Equally, parents think that, if the child has a phone, they are far better safeguarded, particularly on long journeys home. However, there is the other side, where phones can lead to bullying, to pupils taking inappropriate photographs, to such photos being sent, as well as to well-being and mental health issues. It is not a clear-cut situation we face. It is also disruptive for classes when schools have to ask teachers to collect the phones, hand them out, et cetera. Technology might be the answer. For example, in Ireland they have spent €20 million on giving schools what is called a Yondr wallet, into which the phones go and they cannot be used during that period: it cuts off all the connections. The Minister said we must look at ways: how will we look at those ways and how will we come to a final conclusion?
Baroness Smith of Malvern (Lab)
There are schools in the UK that are already using the Yondr wallets that the noble Lord refers to. On the whole, schools are not using the approach of making individual teachers collect phones at the beginning of classes. The most recent evidence suggests that the most commonly used way of controlling mobile phones is to collect the phone at the beginning of the day and give it back to the child at the end of the day. The broader point, however, that the noble Lord makes, relates not just to how mobile phones are used in schools but to broader issues of how children are using their phones, with high levels of screen time. Sometimes, we seem to think that what happens in schools solves all problems. Actually, I think we need to look more broadly than simply at a relatively blunt legislative proposal.
Baroness Lane-Fox of Soho (CB)
My Lords, has the Minister had any discussions about the innovation that is going on in mobile phones? I am particularly struck by “smart dumbphones” that do not have access to social media and allow children only to text and to keep out of danger. I think that there is a huge opportunity here for the UK to increase the supply of a different kind of phone. Will the Minister explain some of those discussions?
Baroness Smith of Malvern (Lab)
The noble Baroness makes a very important point. I have not had those discussions myself, but I have heard about some of the innovations. I would make a broader point about how parents, for example, who might be concerned about how their children are using phones, feel. That type of technological development may well help to provide some of the answers. With respect to schools, the department provides technological advice for schools on such things as, for example, how to ensure that filtering provisions are appropriate. Sometimes, there is an opportunity to use good technology to counter the detrimental impacts of technology. That may well be something that is appropriate in this area.
Lord Bailey of Paddington (Con)
My Lords, can the Minister tell the House whether any work has been done in speaking to young people about their use of phones in school? I have been a youth worker for over 38 years now and most of the best innovations in dealing with young people and their issues come from asking the young people. Many schools have discussions with their own young people and they give up their phones willingly. It creates a culture in the school that is much kinder. Has that kind of conversation been had with young people?
Baroness Smith of Malvern (Lab)
My Lords, the noble Lord makes a really important point. I suspect that where schools are implementing this most effectively is where they have engaged not just parents but pupils in thinking about how mobile phones should be controlled, not only within the school but also to address concerns about what is happening to young people using phones outside school. I do not know whether the department has done that, but I will go back and check and perhaps follow that up with the noble Lord.
Lord Russell of Liverpool (CB)
My Lords, to follow up on the point made by the noble Lord, Lord Young, about school classes being interrupted by telephones, I merely observe that all of us are aware that proceedings in your Lordships’ House are occasionally interrupted by people furiously trying to control their devices. When it comes to mobile phones in schools, it is fine to give guidance to schools: we put so much burden on teachers and on head teachers to manage a whole variety of issues. In the experience that we have had of talking to schools, the issue they have is actually with parents. Will the Government try to ensure that part of the guidance they give to schools will be about how best to have a dialogue with parents, because it is often parents who are the most against their children not being able to take phones into school?
Baroness Smith of Malvern (Lab)
The noble Lord makes an important point, but sometimes parents are right. Perhaps, for example, there are circumstances where there is a long journey to and from school and parents want to be able to be in touch with their children. I take the point that one of the things that we could do is support parents to understand how their children’s use of screen time might impact on them, both positively and negatively, and to encourage them—particularly those with younger children—to engage with that screen time, to understand what their children are watching and doing. That is certainly something we are looking at in some of the early years and family support work that the department is doing.
Baroness Barran (Con)
My Lords, we are not in a good place in relation to children and phones and social media. We heard from my noble friend Lord Young the evidence of disruption in classes. Parentkind has just published evidence which confirms that and shows that only one in seven pupils have an effective ban in place. Yesterday, we saw the watering down of the honourable Member for Whitehaven’s Private Member’s Bill on the protection of under-16s from social media and smartphones. Surely, with our children, we should be pursuing the precautionary principle. There is so much evidence of a correlation between the rise in mental health problems among young people and the advent of smartphones and social media. Until we know that that is not causation, surely the Government should be acting and not delaying.
Baroness Smith of Malvern (Lab)
We are of course in a place that reflects the guidance issued by the last Government—probably by the noble Baroness, actually—less than a year ago. On other occasions, quite rightly in this House, the Government are challenged on the approach that they take to the autonomy and decision-making of head teachers. With respect to schools, it is clearly important that we continue to monitor this issue. I know it is of concern to parents, but we also need to be in a position where we trust head teachers to make appropriate decisions within the guidance about what happens in their schools. Some of the points that the noble Baroness rightly identifies come back to the point I made earlier about the impact of phones and social media way beyond what happens in our schools. There, our cross-government approach, which focuses on the implementation of the Online Safety Act, for example, and other issues, is really important in helping us to address this issue of great concern, which I accept is complex and does not exist only in schools.
Equality Act 2010: Diversity of Political Candidates
Baroness Smith of Malvern Excerpts(3 months, 2 weeks ago)
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Baroness Gale
To ask His Majesty’s Government what plans they have to implement section 106 of the Equality Act 2010 to require information to be published on the diversity of political candidates.
The Minister of State, Office for Equality and Opportunity (Baroness Smith of Malvern) (Lab)
My Lords, the Government are committed to commencing the Equality Act 2010’s provision requiring registered political parties to publish anonymised data relating to the diversity of their candidate selections. We are currently exploring when and how to commence that provision under Section 106. Implementing this policy would, through increased transparency, demonstrate tangible progress towards better representation among candidates of the population they seek to serve, and thereby increase the involvement of all groups across the democratic process.
Baroness Gale (Lab)
I thank my noble friend for her reply. I am quite encouraged by what she had to say, but does she agree that having a diversity of candidates means that the elected representatives will look like the people they represent, which will give more authority to our elected institutions, because people will be able to relate to them much better? Can she say when this provision will be implemented? We have been waiting 15 years for it now; that is quite some time. Those who are now shadow Ministers in the party opposite will know that I asked them this question numerous times. I am hoping that I will not have to do the same now to my noble friend.
Baroness Smith of Malvern (Lab)
My Lords, I have enormous respect for my noble friend and the leadership role that she has played in political parties—and, of course, in ensuring diversity. I too hope that she will not need to ask this Government as many times as she had to ask the previous Government, because we have made clear our commitment to implementing Section 106. We need to work through how we are going to do that and who will be included. I think it is right that something as important as this is done properly. I look forward to her challenge and her support as we take that forward.
Baroness Burt of Solihull (LD)
My Lords, we need to understand the picture fully, and while I am sure we are all gratified by the number of women Members of Parliament we have now, the story on other protected characteristics, including disability, race, and sexual orientation, is not so rosy. In answer to a very similar question in January, Anneliese Dodds responded by saying that the Government were looking at when they might be able to introduce this data, much as the Minister has done today. If the Minister cannot tell us today when this will be, can she reassure the House on what approximate date we will be able to introduce this legislation by?
Baroness Smith of Malvern (Lab)
The noble Baroness has found an interesting way to ask the same question again. I will try to find an interesting way to give the same answer. I recognise her point that Section 106 requires us, in commencing it, to think carefully—actually, exactly—about which protected characteristics will be included in the regulations. It is important that we give that sufficient thought, alongside political parties, of course, about how we will implement that.
There is nothing to stop political parties at this point, for transparency, publishing information about their own candidates. But, of course, the reasoning behind this piece of legislation is to ensure we get consistency; in doing that, we challenge ourselves as politicians, we challenge our parties, and we show to the country that those people who represent them reflect those whom they are speaking on behalf of.
Baroness Foster of Aghadrumsee (Non-Afl)
My Lords, before International Women’s Day this weekend, it is important that we reflect on this issue. I ask the Minister whether there is a need to engage with political parties right across the United Kingdom to enable them to empower women to look at politics as an honourable profession. We know that there are many perceived barriers—and actual barriers, let us be honest about that—that they see when they look at political life. Is there some work that the Government can do with political parties across the UK, whether that is through the Electoral Commission or directly, to try to assist with that?
Baroness Smith of Malvern (Lab)
The noble Baroness makes a very important point. Some of that, of course, is the responsibility of political parties themselves, but particularly in areas where she and I have previously shared views and work—such as the abuse and intimidation that impact all elected politicians but disproportionately impact women—there is work that the Government can do, building on work done outside this place on this issue; for example, by the Jo Cox commission. The Government are working with the Electoral Commission to take this forward in terms of practical actions that will help overcome some of these barriers, which, as the noble Baroness says, might put people off coming into democratically elected life, and, in doing that, make us all poorer.
Baroness O’Grady of Upper Holloway (Lab)
How long does my noble friend the Minister think it will take before we achieve 50:50 representation of men and women in the House of Lords?
Baroness Smith of Malvern (Lab)
My noble friend the Leader assures me that the Front Bench on this side is pretty good. I am afraid it is not within my power, but I see in the other place that considerable progress has been made since 1997, when I was elected, which was equally a big jump in women’s representation. Then, however, it was just over 18% women—it now stands at 40%, which is the sort of progress that we would all like to see.
Baroness Stedman-Scott (Con)
Does the Minister agree that the Conservative Party has led the way on diversity when it comes to our party leaders? I know we have had a few. We have had our first Asian leader, when Labour has had none, and our first black leader, when Labour has had none—all, I add, chosen on merit.
Baroness Smith of Malvern (Lab)
The noble Baroness is right that there has been an enormous diversity of leaders of the Conservative Party—some of it good, some of it less good. Given the noble Baroness’s understandable wish to talk about the diversity of leaders, I find it slightly more difficult to understand why the party opposite, during its 14 years in government, was not as keen to enable that, through Section 106 of the Equality Act, to be something that all political parties should do and why it is not willing therefore to say more about its candidates and their diversity. What we know is that, when it comes to real progress in broader representation, the fact that there are now more Labour women in the House of Commons than Conservative MPs in total tells us something about which party has made the most progress on gender.
The Earl of Devon (CB)
My Lords, given the Government’s enthusiasm for gender equality in these matters, why will they not legislate for female succession to hereditary peerages?
Baroness Smith of Malvern (Lab)
I think my noble friend the Leader of the House has considerable sympathy but also a lot of experience in the complexities of this type of legislation. I think, on the basis of her wisdom, I will leave it to her to respond to that particular issue.
Baroness Smith of Llanfaes (PC)
Ahead of the Senedd elections next year, my party Plaid Cymru has decided to reserve the first position on the internal selection process for half of the constituencies for women. Will the Minister share some more ideas for what other parties could do to ensure that we have a gender-equal Parliament in Wales and here in Westminster?
Baroness Smith of Malvern (Lab)
Our colleague Jane Hutt has written to the Secretary of State to talk about the action being taken in advance of the Senedd elections next year. I am sure that Labour and other parties will want to ensure a representative Senedd. I suspect that the ability to take the action the noble Baroness outlined was dependent on the previous Labour Government putting into law the ability to take that sort of positive action. It is because of that that we have seen the progress we have up to this point. Better representation in our politics does not happen by accident; it happens by people being willing to take action and be transparent. That is what parties which are serious about it support.