(5 days, 23 hours ago)
Lords ChamberMy Lords, before speaking to my Amendment 129, to which the noble Lord, Lord Russell, and my noble friend Lord Storey have added their names, I first add my very strong support for Amendment 144 by the noble Lord, Lord Watson. I am sorry that I did not manage to add my name to it; it deals with such an important issue.
I was shocked to read a report by the Children’s Commissioner, which said that last September, there were 775 children in unregistered homes, including children under the age of 10, children who had spent over two years in those homes and children in entirely inappropriate unregistered settings such as caravans. Staggeringly, the average cost was over £1,500 a day, with an estimated total annual cost to local authorities of over £400 million. As the Children’s Commissioner said, and I very much agree with her, the use of these homes is a national scandal. Vulnerable children are being failed. We would not allow it for our own children, and we simply should not allow it for those for whom the state is corporate parent. Therefore, I very strongly support phasing out unregistered accommodation.
My Amendment 129 is closely linked to the discussion we had on the first group about children being placed far from home. It would amend
“the sufficiency duty to prevent children being moved far away from home”
when that is not in their best interests. We heard a lot of the arguments in the previous group, and I will pull out a few specifics.
In recent years, there has been a marked and shocking rise in the number of children in care who are moved far away from their support networks and communities. Last year, more than a fifth of all children in care were living more than 20 miles away from home. That might not sound far but, frankly, that is a long way from family and local support networks. In addition, more than 3,000 children were living more than 100 miles from home—that is 4% of all children in care—and more than 800 children under the care of English local authorities were living in Scotland and Wales. Although I accept that there may be legitimate reasons why children in care are moved far from home—safeguarding, preventing them being exploited or harmed, or their being moved to wider family networks—far too often it is simply because of a lack of appropriate local options.
As highlighted by the charity Become in its Gone Too Far campaign, being moved far from their family, friends and schools can have a significant and long-term adverse impact on children’s relationships, mental health, well-being, sense of identity et cetera—the sort of things we discussed in our last session on relationships.
Clearly, local authorities across the country have faced a number of challenges recently—that is why we have just had the discussion about regional care co-operatives —particularly in ensuring that there are the right number and type of homes in their local area to meet the needs of children under their care. The current sufficiency duty is not fit for purpose, and there is a lack of accountability and oversight regarding the extent to which sufficiency is being fulfilled.
That is the reason for tabling this important amendment, which seeks to strengthen the sufficiency duty by requiring local authorities to plan, commission and deliver provision and to take “all reasonable steps” to ensure that children in care remain living within or near to the local authority. The amendment builds on recent reforms by the Welsh Government, and we would very much benefit from taking it forward.
My Lords, I support Amendment 119 tabled by my noble friend Lord Agnew, to which I have added my name. He spoke very persuasively for it.
I did read the Minister’s response to the debate last Thursday on Amendment 82, which would similarly have made it compulsory for children in kinship care to be offered such a place. I agree with her answer in pretty much all respects. She recognised the positive impact that boarding schools can have, but they should not be the default for all children living in kinship care. She cited the importance of stability in education and friendships to well-being and educational outcomes. Moving schools would, of course, be potentially highly detrimental.
I ask the Minister: could she work with me and my noble friend Lord Agnew to word this legislation to remove any sense of default? My aim is simply to make this option available to all, as this is currently not the case. The arguments and evidence—for making the boarding school option available to both children in kinship care and children in local authority care—overlap significantly in these amendments. My noble friend Lady Berridge eloquently made the case for Amendment 82 when I was unable to be here, so I will not repeat it.
My Lords, I would like to speak to Amendment 134B in my name and to support a number of amendments in this group. I make it clear that this is a probing amendment. I appreciate that the Government have a wider agenda in relation to planning—so it may be that this Bill is not the right vehicle—but I did want to pick up on a proposal from the Government’s policy statement Green Paper, Keeping Children Safe, Helping Families Thrive, which the Minister has already mentioned. It states that the Government will look at
“options to reform the planning process to enable providers to more easily set up homes where they are most needed”.
Specifically, it says that they will
“consider potential legislative options or further changes to support the delivery of small children’s homes”.
We know that we have seen a move away from the larger homes, with the most recent government statistics showing that homes registered within the previous year were for three places on average, and four places was the average for all active or suspended children’s homes as of March 2024. We also know—and it has been quite clearly demonstrated—that we need more capacity and that children are being placed in unsuitable accommodation.
On this point, I very much support my noble friend Lord Lucas’s Amendment 118, as well as Amendment 114, which attempts to deal with the problem of unregulated homes. As the noble Lord, Lord Watson, and the noble Baroness, Lady Tyler, have said, it is quite hard to believe that these homes exist, but exist they do. That is a capacity issue and something that, frankly, we are just going to have to do deal with. I appreciate that the Government announced investment into the children’s homes estate last week; that is, of course, welcome and a good thing. However, there are additional measures that could deal with capacity, and these relate to planning regulations.
The CMA’s 2022 study, which has already been mentioned, found that one of the main barriers to opening new homes is planning permission. The study’s authors heard repeated concerns about failed planning applications, often due to local opposition, which, in its words,
“appears to be based on outmoded or inaccurate assumptions about children’s homes and looked-after children”.
Given that we have now moved towards smaller children’s homes, the issue is further complicated by the fact that these are the exact same type of properties that families are searching for. As a result, when providers face delays due to the planning process, even if they have been successful in getting permission, very often they can lose the property to a rival bidder for whom planning is not a consideration.
Consequently, the CMA suggested that the Government should review the planning requirements and consider whether smaller children’s homes, which can accommodate fewer than a specified number of residents at any one time, should be required to go through the planning system. It believes that that could be a helpful corrective to the market by increasing the number of children’s homes being opened. My straightforward question to the Minister is: is that something the Government are still considering, as suggested by their policy statement of last year? If so, would it be possible to give any guidance as to which other legislation they think might be more suitable?
My Lords, I speak as someone who has had to make these orders, and in doing so I recognise that these amendments are of great importance, shining light on the deprivation of liberty jurisdiction which has persisted in England and Wales for perhaps too long. In an article in the Observer just a year ago, there was trenchant criticism from the former President of the Family Division, Sir James Munby. He wrote:
“When a system is routinely locking up vulnerable children in highly inappropriate settings because they are too difficult to look after, something is clearly going very, very wrong”.
He described this as a
“moral failure – by the state and by society”.
As has been explained, the existing statutory provision for secure accommodation orders made under Section 25 of the Children Act now covers only a few of those with complex needs and those requiring accommodation because they have to be protected from exploitation or present a risk to others. That is because “secure accommodation” is a term which describes only registered children’s homes specifically approved by the Secretary of State, of which, as we have heard, there are only a limited and increasingly insufficient number available.
With the severe shortage of places and the rising need for accommodation for those whose welfare requires some restriction of liberty, that need has had to be met by applications to the High Court for authorisation under the court’s inherent jurisdiction. As places cannot be found in suitable registered homes which are Section 25 compliant, the High Court then has to consider whether an unregistered placement is in the child’s best interests. All too often, the local authority, the child’s guardian in the proceedings and the court have to struggle when considering what is available. The court is faced usually with a short-term crisis, planned for in the short term, and limited services available, and is battling to keep the child safe. In doing so, one is usually presented with only one unsatisfactory option. As the MacAlister report put it,
“Courts do not take such decisions lightly. Deprivation of liberty orders are often made following a nationwide search for homes, and often after the child has experienced multiple home breakdowns … the harrowing circumstances set out in these High Court judgements are a window into the dysfunction of the care system”.
In practice, if a DoLS is justified, the court has to look at the distance from home, the adequacy of education provision, if any, the adequacy of staffing and the nature and level of any workable restrictions required.
I take one slight issue with something the noble Baroness, Lady Barran, said. In my experience, children do participate, at least in some hearings. They sometimes attend in person, but, as we all know, they are often placed far too far away—certainly from the court dealing with it—and sometimes they attend remotely. In my experience, one hears children who are depressed, agitated, traumatised and often very worried. In those circumstances, the court is looking not for what is best but for what is available and what is least worst, trying to keep that child safe.
The shortage of provision and the resultant use of deprivation of liberty authorisations have been known about for a long time and have been the subject of strong criticism from the higher judiciary, which has seen what was meant to be only a last resort become the norm, described by the Supreme Court as an “imperfect stopgap”. The judiciary has felt dismayed that its concerns appeared to be unheeded by Governments and Parliament. It has also been concerned that the courts were having to do what the state really should have been doing without recourse to the court in most cases.
The scale of the problem has been repeatedly highlighted by the Nuffield Family Justice Observatory, whose excellent work has been referred to during this debate, but also by others, including the BBC and responsible journalists elsewhere. I recognise that Clause 11 creates a new statutory regime and the concept of relevant accommodation, extending the places in which children can be confined. Much of what I have heard from Ministers on the Government Front Bench today has been very reassuring, and a recognition that the Government are getting to grips. Of course, it remains to be seen whether what can be achieved will be a sufficient response to the difficulties created by these orders, and to the independent review’s call for more flexible and innovative types of provision of care for children.
I support the amendments to improve what the Bill intends to achieve, in particular Amendment 124, which would require it to be stated that a deprivation of liberty has to be a last resort. Amendments 120A and 127 expressly provide for education and for therapy. Amendment 123 provides for regular reviews—not by the court, which is what happens at the moment, but by the authorities responsible for that deprivation of liberty. There is much to be said also for Amendment 132 on the involvement of the independent reviewing officer. I will also support Amendment 506B, providing for the availability of legal aid.
I questioned what in reality Amendment 122 would achieve, simply because we are where we are because of the severe shortage of registered children’s homes, of which there were 29 in 2002 and there are now only 13, which has, of course, forced reliance on unregistered placements that are often expensive. I think the answer to my question is that the expectation is that there will be improved registration of homes and an extension of the availability of homes to address what the noble Baroness, Lady Barran, called the underlying need to increase capacity.
Finally, in respect of government Amendment 128, I ask what this will all mean for cross-border placements. There are awful stories of children from Devon and Cornwall having to be placed in Scotland.
My Lords, it is an honour to follow the noble Lord, Lord Meston, whose wisdom and experience of the court processes in this area are, I am sure, very valuable to the Committee.
I will speak to Amendment 133 in my name. I have also added my name to that of my noble friend Lady Barran on Amendment 120. Amendment 133 states:
“Information required to be published by a local authority includes information about the authority’s arrangements for enabling children subject to deprivation of liberty orders to maintain, strengthen and build family and social relationships”.
This Bill picks up much of the intent of Josh MacAlister’s Independent Review of Children’s Social Care, but one of its key emphases, the importance of relationships, could feature more prominently throughout. Josh’s review drew on an experts by experience board informing his recommendations: young people and adults who had been through the care system. They said in the foreword that this review was their chance
“to reshape the system by placing relationships front and centre”.
I was on the design group on that review, and this emphasis came through again and again in evidence—hence the first paragraph of the report, which states:
“What we need is a system that … puts lifelong loving relationships at the heart of the care system”.
It calls for a reset that
“starts with recognising that it is loving relationships that hold the solutions for children and families overcoming adversity”.
On an earlier group of amendments focusing on care leavers, my noble friend Lady Stedman-Scott said we need to make sure that the loving, committed relationships that come to the fore in the family group decision-making process do not fall through the cracks in a child’s care pathway as they walk along it. If the local authority intentionally helps a child or young person to maintain them from day one, these relationships will not only be there when the child leaves but have the potential to transform the whole experience of being in care.
My noble friend Lady Stedman-Scott talks very effectively about the lifelong links model imported from California and thoroughly adapted and tested by the Department for Education for British children, families and friends. Lifelong links ensures that children have a lasting support network of relatives and others who care about them throughout their time in the care system. In my work with the Ministry of Justice, I have recommended it for children in the youth custody and wider youth justice system, with whom children deprived of their liberty are an overlapping cohort.
We can underestimate the strength of the pull towards blood connections. Without the corporate parent’s gentle hand on the tiller in this area, many young people in or leaving care go looking on the internet and social media for family members, and not all of them will be beneficial relationships. While I would like lifelong links to be included in regulations and guidance as an offer to all children in care, care leavers and those deprived of their liberty, as the Minister said, this programme is being evaluated. Whatever its future, local authorities should be required to be intentional and systematic about relationships. Children in care, especially when they are in trouble in care, desperately need to feel that they belong somewhere.
Mark Riddell MBE, the Government’s national adviser for care leavers—at least, I think he still is; he certainly has been for some time—tells how his turnaround moment came when he was about 14 years old in the Scottish care system and had just trashed the children’s home where he lived after several failed placements. He had been called to the manager’s office, so he packed his black bag, expecting to be moved on again. The first thing the manager said to him was, “What’s that bag for?”. Mark said, “It’s all my stuff; you’re going to kick me out”. The manager told him, “We can sort out the damage, but you’re not leaving: this is your home”. Knowing that he belonged somewhere and that people were committed to him, regardless of his behaviour, finally settled him down, and he is now a voice for government.
Young people deprived of their liberty need a profound sense of belonging. Relationships with dedicated and compassionate staff are essential, but they also need to know that they have not been abandoned by their families, friends and other trusted adults. They belong in a relational web. We must not let this be torn apart by the already very traumatic experience of being deprived of their liberty.
My Lords, I will make a couple of points and ask a question. Like others, I have found this both a very humbling and a very disturbing group, which, in the words of the noble Lord, Lord Meston, has shone a light on a little-understood area and highlighted some disturbing details. It is an area that I now realise I knew far too little about and that has not received anything like the transparency that it should.
The two points I want to make are on Amendment 127 in the name of the noble Baroness, Lady Barran, about placing a duty on local authorities to provide therapeutic treatment for children who are subject to a deprivation of liberty order. It reminds me of all the detailed scrutiny that I and other noble Lords gave to the Mental Health Bill during its passage in the first few months of the year.
One of the things that was particularly in my mind was that that Bill included four core principles for making decisions about detaining people under the Mental Health Act, and one of those was that it would be of “therapeutic benefit”. I think it was the noble Baroness, Lady Berridge, who told us that for quite a few of the children who would be subject to these deprivation of liberty orders, it would be because of their severe mental health problems. It struck me that there are parallels between the two Bills; and in the same way that we have said in the Mental Health Bill that detention must be of therapeutic benefit, Amendment 127, which is about providing therapeutic treatment for children subject to a deprivation of liberty order, is particularly important.
(4 months, 2 weeks ago)
Lords ChamberI am afraid that I think it is important that we maintain both the check on students’ progress and the accountability for our schools that key stage tests enable us to have. So, no, I will not be taking the noble Lord up on his suggestion of fundamentally changing those any time in the near future.
My Lords, for children and adults, feeling sad and unhappy is a normal human experience. Recent polling found that 84% of GPs think society’s approach to mental health has led to the normal ups and downs of life being seen as medical problems. However, family breakdown—one of the causes that the noble Lord, Lord Storey, did not mention—is an underrecognised driver of children’s poor mental health. How are the Government guarding against overdiagnosis of mental illness in children and also helping parents understand that parental splits profoundly affect their children?
The noble Lord makes some important points, based of course on his long experience of supporting families to support their children. I am clear that clinical support should be sought for children only where it is appropriate. Schools need to seek the right source of support at the right time for social and emotional needs, and that is where mental health support teams and other professionals can assist in making those decisions. On the important point he makes about family breakdowns, I completely share his view that it can be enormously difficult for children when their parents split. I am sure he will be pleased to hear that the Ministry of Justice provides support to help individuals to make child arrangements and find emotional support, for example. Resources are also available for that on the Cafcass website.
(7 months, 4 weeks ago)
Lords ChamberMy Lords, I congratulate the noble Baroness, Lady Monckton, on an excellent introductory speech, on acquiring this debate and on championing the issues of special educational needs and disability so effectively, before and since she came into this House. It is an honour to follow the noble Baroness, Lady Morris of Yardley, who was Secretary of State for Education in 2001-02. You can hear the wisdom and experience that flows from her in her speech, and it is an honour to follow that. I also thank Ashmount special school in Leicestershire for the helpful information that it gave me ahead of this debate.
I will come at the contribution that special needs schools and specialist education colleges make to education by referring to another often overlooked part of the system: the parents. Across the school system, school-level factors account for just 20% of the variation in pupils’ attainment, and pupil-level factors, including the home and the community children come from, account for the balance. Half of that 80% is determined by family factors, particularly what parents do. So working hand in glove with parents wherever possible can make or break whether children fulfil their potential and flourish while at school. This is particularly the case when children have special needs.
The closer one is to a family with a special needs child, the more one realises how profoundly every member is affected, especially where those needs are at a high enough level to make them eligible for a place at a special school. Parents’ and siblings’ own needs can be considered by special schools in a far more developed and bespoke way than mainstream settings permit. Far from cosseting them, this whole-family support is indispensable if special needs children are to attend, engage and meet appropriately ambitious educational expectations. To quote one special needs teacher:
“You know it’s going to pay off if you are supportive to the parents because working together is so important for this child’s emotional and behavioural regulation which make their education possible”.
Many schools also take steps to help parents build a support network with each other. The House of Lords Library briefing identified frequent contact with parents or carers and close tracking of children’s progress as one of the important benefits of attending special education. That contact often starts before a child has had their first day at school. Early home visits help to identify the whole family’s needs and particularly their psychological state.
When children start at special school, there is awareness that parents are on a grief curve, which needs to be respected and accommodated. This includes trauma, emotion and stress about things that might seem insignificant but are highly significant to them. First, many had to fight to get the child into special school in the first place and disagree with professionals, which is rarely easy. It is an early priority to relieve anxiety and assure them that they no longer need to convince anyone that their child cannot be in mainstream. Secondly, they are often experts in their child’s needs, including their medical needs, and fear something being missed in case it means the difference, quite literally, between life and death. Many special needs children have had life-threatening conditions, requiring long and complex operations. Parents have handed their children over to anaesthetists and surgeons, unsure whether they will survive. As many conditions are ongoing, sending a special needs child to school is far from straightforward.
Easing families’ burdens can include helping parents fill in the complex paperwork for school transportation, where needed, and for disability living allowance. Such extra cash is essential as it is very hard for both parents to work when care needs are so high, but forms can seem overwhelming when time is cut short by myriad health appointments and associated administration. It is not unusual for profoundly disabled children to have two hospital appointments a week, which might be in different cities.
A child’s education, health and care plan routinely requires special schools to work with multiple professionals, such as speech and language and occupational therapists, social workers and medical consultants. They write letters to GPs on the family’s behalf and make referrals to child and adolescent mental health services. Many special needs children are doubly incontinent, for genuine medical reasons, and teachers literally get their hands dirty providing personal care. Some schools allow parents to use a child’s direct payments to fund a staff member to give respite care on a Saturday afternoon or after school. Teachers’ deep involvement in health and social care means that they are, in effect, triple-hatting in a way that a mainstream teacher would find impossible in a much larger class size where they are required to be driven by data and development deadlines. Ministers have said that they will improve mainstream inclusivity and pick up special needs earlier, but do the Government agree that we will always need special schools?
To reiterate, parents are vital to the education sector. Teachers with experience across both settings refer to a significant lack of understanding in mainstream about what life is like for parents. Will the Minister confirm that this will also be an area for improvement?
(10 months, 4 weeks ago)
Lords ChamberMy noble friend identifies particular issues around mental health and special educational needs and disability. There are 1.6 million children identified with SEND. Unfortunately, outcomes are poor and confidence in that provision is declining. That is why we are working hard and, as I mentioned in my speech last week, are willing to engage widely to provide ways in which we can support those children and improve a system that is currently failing too many of them.
My Lords, schools are called the fourth emergency service by the Association of School and College Leaders. They often help parents with benefit applications and mental health support so that their children will attend school. However, disrupted home environments, as well as mental ill-health, drive persistent absenteeism. Family hubs in Sefton, Salford, Kirklees and Bury St Edmunds are lifting this burden, freeing schools to teach. Will the new Government continue to support the growth of family hubs?
The noble Lord is right, of course, that, for many children, schools are the stable part of their lives, but teachers, although they provide enormous levels of support along with other school staff, need to be able to focus on teaching children. Family hubs indeed play an important role in helping families to access vital services to improve the health, education and well-being of children and young people. We are already considering the overall approach to early childhood and family support, and how it can support this Government’s opportunity mission. That includes reviewing the future vision and intentions for family support, including the core role played by family hubs.
(1 year, 1 month ago)
Lords ChamberMy Lords, I welcome the Government’s statutory guidance. How will this guidance be enforced, especially the requirement to stop teaching the contested subject of gender identity, as there are many teachers who have been captured by the very ideology that has been called out? Moreover, it has not been universally welcomed by the teaching unions. Can my noble friend also confirm when schools will need to begin to implement the new guidance?
(1 year, 6 months ago)
Lords ChamberMy Lords, I also join with everybody in congratulating my noble friend on securing this vital debate and on her excellent and clear opening speech. It is certainly an honour to follow my noble friend Lady Bottomley of Nettlestone.
Safeguarding in schools is highly complex and varied and I will touch on only two areas today, relating to the need for neutrality in our education system. Neutrality implies tolerance of a multiplicity of views; it is therefore precious but fragile and should itself be safeguarded.
Starting with the school strikes against the action in Israel and Gaza, I declare my interest as the Christian vice-chair for the Council of Christians and Jews. It was founded in 1942 by Archbishop William Temple and Chief Rabbi Joseph Hertz when the Holocaust was devastating European Jewry. Her late Majesty the Queen was patron throughout her whole reign.
These strikes raise serious safeguarding concerns, with hundreds of children leaving the security of school, in lesson time, for political protests in towns and city centres. Parents and teachers have very little control over who children meet or what they are exposed to, despite schools’ legal safeguarding duties set out in DfE statutory guidance, Keeping Children Safe in Education. Large crowds and a politically charged atmosphere mean that any school authorising pupils to attend a protest during school hours cannot be fully in control of the risks to safety and welfare.
Schools also risk breaching the Prevent duty, which requires them
“‘to help prevent the risk of people becoming terrorists or supporting terrorism’. This includes safeguarding learners from extremist ideologies and radicalisation”.
Allowing children’s exposure to potentially genocidal or anti-Semitic slogans such as
“From the river to the sea”
without countervailing views, is the very opposite of safeguarding or good practice, which requires schools to maintain political neutrality.
Ideas must be introduced and then discussed in the round of their historical and political complexity. This is how lesson time on these highly vexed issues should be spent. We need young people to be interested in and well-informed about politics. Stating political positions as self-evident facts intimidates learners and shuts down debate. Can my noble friend the Minister inform the House whether guidance requires ideological issues to be introduced in a well-rounded and nuanced way? Is her department investigating how, precisely, children became involved in these school strikes, how they were made aware of and then joined public protests outside the school gate?
Similarly, is the department investigating how extreme trans ideology, which presents schools with significant safeguarding concerns, was allowed to be adopted as fact, when it too is far from neutral? Teaching children, including in early primary school, about gender fluidity further entrenches the sexualisation of childhood, conjoined as it often is with “sex positivity”. The fact of the legal age of consent seems to be ignored despite the key safeguarding reasons underlying it. Our zeitgeist is deeply rooted in the notion that the development of sexuality is indispensable to identity. This is not some fundamental human truth but the idea of Sigmund Freud. To quote Keynes,
“ideas … both when they are right and when they are wrong, are more powerful than is commonly understood. Indeed the world is ruled by little else”.
The education system should be a bulwark against pernicious ideas evolving into domineering and bullying ideologies, and not simply affirm both them and the young people persuaded by them.
I am not using the word “ideology” as a slur against a way of thinking that is simply different to my own, but in the Althusserian sense, that
“Ideology represents the imaginary relationship of individuals to their real conditions of existence”.
Extreme trans ideology states, “I am what I feel, irrespective of my biology”. It is the epitome of expressive individualism and detached from reality. I draw a key distinction between gender dysphoria, where sufferers and psych professionals know there is something wrong, and ideological dispositions held, for example, by bodily intact males who intend to remain so but feel they are female and aggressively demand to be treated as such. Schools should not consider themselves bound by the individual’s desire to have this imagined reality validated, even if parents are on board with it. Parents cannot dictate how schools are run for the sake of their child: a decision to affirm a child’s chosen rather than biological identity affects the whole school. Other children can feel or even be genuinely coerced into affirming an individual’s imagined reality. It confuses young children and stifles the development of older children’s critical capacity. Elsewhere, their education requires them to be led by facts and evidence, but in this particular area feelings trump all else.
The potential for harm to the young person who wants to socially transition is a major safeguarding concern. Social transitioning is the first step on the road to physical and pharmaceutical changes that will last their whole lives and are often deeply regretted.
I end where I began, with the need for neutrality. Dr Hilary Cass, as we have heard, concluded that “social transition” is not neutral but a major psychosocial intervention that may affect whether a child’s gender distress disappears or becomes long-lasting. In this age of affirmation, the ideologically driven imperative to be kind has blinded schools to their foundational safeguarding responsibilities. Will the DfE guidance make that clear?
(1 year, 9 months ago)
Lords ChamberMy Lords, I thank the noble Baroness, Lady Garden, for obtaining this important debate and for such an excellent introductory speech. Schools do not single-handedly teach life skills and citizenship but only supplement what is taught and mainly caught in families. Of course, that can be far from ideal but, particularly in how sex and relationships education is taught, schools can contradict good values parents seek to instil in their children, which are often faith-based. Parents have found their children learning to be “sex positive” in their attitudes to relationships, which means
“stepping away from monogamy-based assumptions”.
Sex education used to be based on evidenced human biology; now it imposes gender and coercive liberal ideology, which is causing unnecessary confusion and stress. Will the Minister confirm when much-needed guidance in this area will be published by the Government?
Similarly, citizenship education that teaches critical race theory and other forms of cultural Marxism as fact is indoctrinating young people and denying them the skills to evaluate critically current strands of thought. The pervasiveness of these ideologies highlights that everyone needs a belief system to live by. By ignoring faith-based beliefs, schools are in fact promoting atheism—the belief that there is nothing. On what grounds do I say this? Teaching against committed family relationships contradicts tenets particularly those of Christianity, which is predicated completely on our status as children of God through the sacrifice of Jesus Christ. Flimsy manmade ideologies that insist there is nothing of the divine beg the question that if there is nothing how come there is something? It is impossible to have something from nothing. All human beings face these existential questions, so what is the Government’s attitude towards this de facto teaching of atheism in state schools?
(1 year, 9 months ago)
Grand CommitteeMy Lords, it is an honour to follow the indomitable noble Baroness, Lady Tyler of Enfield, a tireless campaigner for children and families—in particular for better mental health services for them. I acknowledge her diligence and that of the post-legislative scrutiny committee in taking on such a wide-ranging remit. Many of its conclusions chimed with the Children’s Commissioner’s Family Review, which reported at the same time, and The Independent Review of Children’s Social Care.
Early intervention was recognised by the committee as being of essential value to the plethora of policy areas which the Children and Families Act 2014 cuts across, including in private family law proceedings. It cited the value of early legal advice and mediation in reducing demands on the family justice system. Its report also highlighted the need for better join-up of different public sector systems and of these with the voluntary and private sectors.
I will focus on how and, in particular, where we could deliver early intervention solutions in family law that integrate previously siloed systems. We also need a more joined-up approach to mental health and to support parents whose children are not attending school for reasons related to anxiety, depression and very low well-being. The Chief Medical Officer’s recent guidance is that school non-attendance worsens these problems, but parents need help to overcome children’s reticence.
Starting with family law, help for families who are struggling before, during and after separation needs to be integrated with a comprehensive system of family support which has prevention and early intervention at its heart. Since the early days of the welfare state, its Labour Party architects acknowledged that free healthcare and education would not realise their transformational potential without easily accessible help for parents struggling with a wide range of problems. The Second World War had a long tail of effect on families, particularly the emotional cost to children of high levels of divorce and separation from parents. These trends have continued: one-third of children now live in separated families, where there is frequently ongoing conflict between parents.
Welfare state architects’ call for family centres in the late 1940s was not then heeded, but it was repeated in the Children Act 1989 and by the Audit Commission in 1994. Sure Start children’s centres were an important development. However, provision did not move beyond children’s early years or help relationships between parents before, during and after separation. Like so many other promising policies, Sure Start needed to be evolved, and this was the aim of the family hubs movement. At this point, I declare my unremunerated interest as director and guarantor of the Family Hubs Network Ltd, a not-for-profit consultancy on family hubs. When we set up the network to support this movement, there were around 150 family hubs in England; around 480 have now registered with us. Family hubs are key sites where early intervention takes place so that families can overcome difficulties and build stronger relationships. Crucially, they also network buildings, state services and other organisations providing family support in an area. The family hub enables families with children aged from nought to 19 to access this integrated offer. Family hubs are now official government policy and are being rolled out across more than half of local authorities in England.
When family hubs were first articulated by my parliamentary adviser, Dr Callan, in the Centre for Social Justice’s 2007 Breakthrough Britain report, she highlighted the need for them to incorporate the work of family relationship centres. In Norway and Australia, these provide mediation and quasi-legal support away from courts. The CSJ was concerned that the sharp reduction in legal aid for private family law following the Carter review in 2006 would restrict access to justice, while acknowledging that high reliance on the courts was both very costly to the public purse and drove an adversarial rather than a solutions-based approach. The President of the Family Division of the High Court, Sir Andrew McFarlane, recently said that 38% of separating parents were using court processes to sort out disputes.
The Family Solutions Group, a private family law reform group, says that while
“families at risk of harm or abuse or who have particular challenges may need the family court; most other families need high quality, holistic and affordable support away from court”.
They should be steered towards the many state and other agencies who see the earliest signs that relationships between parents are becoming fraught. These include teachers, health visitors, GPs, advisors in citizens advice bureaux and possibly churches, but there needs to be a recognisable place where families can get that specialist help. This is where the family hubs model needs further development. Senior family court judges are keen to join up family courts with family hubs as part of the Government’s wider family law reform programme, which includes the Pathfinder pilots in the family courts in Dorset and North Wales.
The role of the family court would be to liaise with the hub for out-of-court solutions and support in individual cases, to triage for urgency, safeguarding issues or co-parenting and to ensure appropriate support during and at the conclusion of proceedings. The family hub would also identify urgent and safeguarding cases and provide legal help. The Family Solutions Group has described how family separation consultants could be based there to provide information and assessment meetings alongside mediators, alternative dispute resolution services and supervised child contact. Parents would have access to all the other help in family hubs, such as parenting support, debt counselling, substance misuse programmes and mental health services.
Former senior family judge, his honour Martin Dancey, drew up plans for a future family hub to be properly networked with the family court involved in the Pathfinder because, he said:
“While Pathfinder can operate without hubs, I see hubs as integral to optimal solutions for families.”
Our most senior professionals want integrated and accessible family support, but so too does the general public. Polling I commissioned before the summer found that 78% of the general public agree with the statement:
“Supporting families is not just about subsidising childcare or giving parents money, but providing a range of services, guidance and advice.”
For 56% of people, drop-in centres are perceived to be a main priority for any government family policy. The most important family support and parenting services are deemed to be those that are low or no cost, provide immediate support and are accessible in one place.
Returning to this report, in their response the Government said that their prioritising of early intervention is at the heart of their own plans for reform. So, will the Government develop model plans for family courts to work with family hubs in the way Judge Dancey describes? Early intervention would save much delay, heartache and significant costs. The message is loud and clear that siloed, disjointed working is not helpful to families. Again, what steps are the Government taking to encourage the DHSC and DfE to work jointly in family hubs, not just schools, to deliver children and young people’s tier 1 and 2 mental health support?
Anxiety and depression among young people are potent drivers of school absenteeism. Many parents feel powerless and at their wits’ end. They want to be part of the solution but need support and know-how so they can help their children re-engage with education. Through a pilot in the Bury St Edmunds Bridge family hub, professionals work with parents and young people in a trusted local church base to address the perceived and actual barriers to attending school regularly. We need to evaluate and build on such promising practice elsewhere: family courts and schools urgently need hubs to fulfil their game-changing potential to support families.
Parental separation, mental ill-health and school non-attendance are costing the state billions. Early intervention and more joined-up working require a paradigm shift towards better, more efficient and more fruitful ways of working, which will also be cheaper. Key reports commissioned by the Government, as well as this committee, keep saying this: we need action this day.
(1 year, 11 months ago)
Lords ChamberOf course, we need to focus on supporting those children and trying to mitigate some of the terrible scarring effects of the trauma that they will have suffered. That is why there is an increasing focus on early help and making sure that we get consistency in that help. That is what we will be testing in the pathfinder projects, which we will launch shortly, following our review of children’s social care.
My Lords, support for carers of children whose parents are in prison can make all the difference between stable and unstable home arrangements. Hence, Spurgeons has opened a family hub in Winchester prison visitor centre, linking families to all the support available to them in their local area. How is the Department for Education’s terrific family hubs team working with the Prison Service to encourage this innovation in other prisons?
I take this opportunity to thank my noble friend for all his extraordinary work in this area, and for his generosity in acknowledging the work of my colleagues in the department. This is a great example of local innovation, and one that we will share with the National Centre for Family Hubs, which seeks to share examples of best practice. I will make sure that it is also taken back to our work with the Prison Service, and more broadly the Ministry of Justice.
(2 years ago)
Lords ChamberMy Lords, some of the work that we are doing has already anticipated the recommendations, including the one to which the noble Baroness referred. She will be aware of our significant investment of around £300 million to enable 75 local authorities to create family hubs designed to give children the best start in life and of our childcare reforms which include £4.1 billion of investment by 2027-28 to fund 30 hours of free childcare for children over the age of nine months.
My Lords, as co-founder of the Family Hubs Network, I am pleased that the archbishops’ report, Love Matters, mentions family hubs more than 30 times and recommends that they also help separating families. The Ministry of Justice’s mediation reforms for England and Wales anticipate family hubs helping separated or separating parents to access services. However, there are not yet family hubs in Wales. While recognising that social care is a devolved matter, how might the Government encourage Wales to integrate family support in this way?
Like my noble friend, the Government are committed to championing family hubs. I will ensure that my officials engage with colleagues in the devolved Administration to share evidence and best practice about them.