Children’s Wellbeing and Schools Bill

Lord Russell of Liverpool Excerpts

Tuesday 17th June 2025 Lords Chamber

As those most directly affected, surely children and young people should be named in the Bill. That is what this is about, and I think it is quite a modest ask. I really hope that the Government will look sympathetically on this amendment. Every child should be confident that they will be involved in decisions that affect their lives.

[Lord Russell of Liverpool (CB)]

My Lords, at Second Reading I said that, while I welcomed the Bill, it was a cause of great sadness that the late Baroness Massey of Darwen was not there to participate. It is a cause of sadness that, had she been here, she would have had her name on this amendment rather than me, with much more power and justification behind it. At the time of her untimely death, she was working with a group of us in this House to try to find ways of having the voices of children heard more regularly in the day-to-day work of this House, particularly in some of our committees. That is work that is yet to be completed, and we must carry it on.

The Josh MacAlister review showed us that, while we have a plethora of different organisations trying to look after the needs of the young people we are talking about in a variety of different ways, with an enormous amount of data about what they are and are not doing, the fact that we had to have a large-scale review to collate and understand this data—which required tremendous resources but which was carried out very effectively—and that we spent as much time understanding what it was not telling us as what it was telling us, is in itself telling.

I particularly support the amendments from the noble Baroness, Lady Cash. In trying to improve a situation that has developed over the last 20 or 30 years, and which at the moment is causing local government across this country huge difficulties because of the statutory duties that we have heaped upon it in legislation after legislation, with the best of intent, we have a system that is not working. We have an opportunity in the Bill to learn from the lessons of trying to do the right thing but clearly going about it in the wrong way, and to do it in a much better way.

I particularly took the points that, first, children should be listened to, and, secondly, that, in trying to provide the right services for these young people, we should be driven by the demands they require to make their lives better, rather than by the inadequacies of the current range of supply, which is hugely varied in both its coverage and the type of delivery, and the good or bad effect of that delivery.

For all those reasons, I support this group of amendments. I implore the Government, and all of us, to learn from the lessons of the past and try to do better in the future.

[Baroness Walmsley (LD)]

My Lords, I support Amendment 117, in my name and that of my noble friend Lady Tyler and others. The decision on where a child is cared for in the system is crucial to the child’s life, so we should listen to children with care experience. As we heard from the noble Baroness, Lady Longfield, it may affect their ability to keep contact with wider family and friends, and other factors were mentioned by the noble Lord, Lord Meston. It will make a difference even to their ability to keep in contact with a teacher who they might trust—that can be quite important in children’s lives. It can otherwise be very disruptive to their education if they are put a long way from where they previously went to school. As we know, children with care experience usually have less of a chance to get good educational qualifications than other children, and that has an effect on their whole-life chances.

As my noble friend says, it cannot be left to the Secretary of State under the title of “such other persons”. The category of those most directly affected by these regulations must be named in the Bill, and it is vital that children have the confidence that they will be heard. The slogan, “Nothing about us without us”, is very apt in this context.

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Amendment 165 seems eminently sensible and would surely help to prevent children from falling through the cracks. In fact, it is so sensible that it is one of those things that you are quite surprised to learn that it does not happen already.

[Lord Russell of Liverpool (CB)]

I put my name to Amendment 129 in the name of the noble Baroness, Lady Tyler, which I am happy to do. She has made a strong case for amending the sufficiency duty or doing something similar to make it clear that moving children beyond a certain geographical distance from their normal base is deleterious to their well-being and health in every way possible.

I also put my name to Amendment 144 in the name of the noble Lord, Lord Watson. We have all heard what is going on and I think we all agree that it is unconscionable and appalling. The question, as was put very aptly by the noble Lord, is what action we are going to take to do something about it. The fact that it exists is bad enough, so we need to have a clear plan to do something about it.

I will focus my remarks primarily on Amendment 165 in my name. I thank the noble Lords, Lord Young and Lord Hampton, and the noble Baroness, Lady Bennett, for putting their names to it. It is to do with temporary accommodation and the effect that being moved into temporary accommodation has on young children. This is a topic that the All-Party Parliamentary Group for Households in Temporary Accommodation, which is headed by Dame Siobhain McDonagh, has long campaigned for. In fact, on 13 May Dame Siobhain met the Minister’s colleague Janet Daby, Minister at the Department for Education, and Rushanara Ali, Minister at the Department of Housing, Communities and Local Government, specifically to explore what can be done about this issue.

The issue, as the amendment’s explanatory statement says clearly, is that the new clause would establish a notification system requiring local authorities to alert schools and GPs when a child is placed in temporary accommodation. To explain why that is important, this is a direct quote from a head teacher in Lewisham about this phenomenon:

“On the ground, the impact of TA on children is colossal. We only hear, by accident, only by us being nosey and being at the gate in the morning, or them being late, tired or hungry, is how we find out, then we do our best to support them”.


We have a situation at the moment where there is a lot of inconsistency in what is happening when a child is moved with their family into temporary accommodation, sometimes in a very different area from where they were before, which clearly is disruptive to both education and their health. I understand that the upshot of that meeting was positive. We still need to get colleagues in the Department of Health on side because there are some complications in there being several different elements to trying to get this to work.

There are three particular areas that need to be done better if this amendment is to be successful. The first is local authorities. There is a move within the LGA to acknowledge the need for councils to be compassionate councils. There is agreement that, in principle, local authorities should be doing this notification on behalf of the child, and that they should be sending the receiving authority a notification—a point that was raised by the noble and learned Baroness, Lady Butler-Sloss, on the last group. That often takes place but not always, when clearly it should. The LGA has very good and clear guidance on this. However, its guidance does not mention schools or general practices specifically. Perhaps this is an area that could be looked at.

The second is to do with technology. While government in all forms, including local government, can spend vast amounts of money on technology, it does not always do what you think it should be able to do. Many local authorities do not have the ability in their current systems to send notifications easily. Manchester, for example, which you would have thought of as one of the larger and more sophisticated metropolitan authorities, has to do this individually by email; there is no way of pushing a button and just getting it done.

Under the previous Government, the central government ensured that the providers of technology to local government were able to change their data systems so that they always included rough sleeper assessments. Where there is a will, there is a way; this can be done. We hope that His Majesty’s Government can do something to ensure that the housing system has a notification system embedded within it to make notification much more straightforward than it currently is.

The last point is to do with getting better guidance implemented. At the moment, training across schools and primary care provision is very varied, and I do not think there is necessarily an understanding, either by the schools from which the children are being moved or by the schools to which they are being moved, of the importance of having that dialogue, and the same is true of GP practices.

For all those reasons, I hope that the Minister will be able to give some indication as to whether the initial impression given at the meeting with the two Ministers in May—that the Government were receptive to this—is still the case. Perhaps the Minister can update us on any talks that have happened since then.

[Baroness Butler-Sloss (CB)]

My Lords, I support Amendments 118, 144 and 165 in particular. Dealing with perhaps the least important of the three: as a boarding school girl, I think that boarding school can often be a very sensible place to send children. I would not want to see it required for all children—that would be most unsuitable—but boarding school should be in the thoughts of those wondering where to put a child. It might be that it would be possible to keep the child with a particular member of the family if that family member did not have the child for 12 months of the year. Anyone who has been a mother or a father understands that situation.

On Amendments 144 and 165, I feel particularly strongly about unregulated accommodation. Under Section 17 of the Children Act 1989, there is an obligation on the local authority to promote the welfare of the child. I cannot believe that local authorities that send children to unregulated places are complying appropriately with the law. I wonder whether any local authority has ever thought about it.

Unregulated accommodation—which has been set out so well already—is not, in fact, checked. If one thinks about it, the idea that 16 and 17 year-olds are not being checked as to how they are getting on—bearing in mind, as has been said, that they are still technically children and are at a very vulnerable age, particularly if they are in care—is extraordinary. The other point is that even adult accommodation seems very unsuitable. Who are they going to meet in adult accommodation? Although it may be checked, one wonders how much checking there is. I hope the Minister will listen to these particular matters very strongly.

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Amendment 165 tabled by the noble Lord, Lord Russell, ably supported by the noble Lords, Lord Young and Lord Hampton, and the noble Baroness, Lady Bennett, concerns the new notification system for when a child is placed into temporary accommodation. It is fair to say, as has been outlined, that the Government are supportive of the principles behind this amendment, and I assure the noble Lord that the Government are considering how options for a notification system can work legally and operationally. As we have heard, the responsible Ministers across the departments of MHCLG, DHSC and DfE recently met Dame Siobhain McDonagh to discuss the design of the protocol, the list of public bodies to notify and the scope of guidance. Officials are currently working through these matters in detail. I cannot be more specific about that, but I want to reassure noble Lords that this is being taken seriously.

[Lord Russell of Liverpool (CB)]

I hope I can take it as good news that they are meeting next week with Minister Georgia Gould, so hopefully the purse strings will be loosened.

[Baroness Blake of Leeds (Lab)]

The noble Lord may say that.

In my personal experience, there is no reason why local areas cannot put these arrangements in place. There have been circumstances with agencies in the past—I am sure this does not happen now—where police have gone into a situation of domestic violence, for example, and not even known that there were children hiding under the beds upstairs. That is the shocking result of a lack of joining up—of agencies not speaking to each other. Provisions in the Bill will go a long way to making sure that this becomes normal—a culture shift. It is normal to tell a school if one of its young people has a change of circumstances that could affect them in many different ways. I am delighted that Government Ministers are coming together, and we will await the outcome with interest.

Amendment 170 tabled by the noble Baroness, Lady Cash, concerns the publication of a national capacity plan for children’s homes intended to highlight the issue of distance placements. I highlight the Government’s commitment to supporting local authorities to meet their sufficiency duty through a range of reforms that will boost system capacity and better meet the needs of children in their areas. The noble Lord, Lord Storey, the noble Baroness, Lady Spielman, and others added to the discussions on this amendment. While the amendment would require the Secretary of State to publish an annual national capacity plan, it would also take significant local authority resource to collect, collate and submit additional information on an annual basis to inform the plan, all at a time when their resources for children’s services are rightly focused on implementing reforms to actively improve services. A range of complex contributing factors across the children’s social care system can lead to the use of distance placements, which the Government are addressing through reforms in the Bill and investment in fostering kinship care and local authority children’s homes. Paramount in these decisions is the issue of risk to the safety of the young person. Sadly, in some cases, distance is a necessary factor when considering placements.

Finally, Amendment 134B tabled by the noble Baroness, Lady Sanderson, seeks to introduce a duty on the Secretary of State to carry out a review on the distinction in the planning regime between children’s homes and domestic dwelling-houses, and to consider whether it should be removed. I would like to reassure the noble Baroness that the Department for Education and the Ministry of Housing, Communities and Local Government continue to work together in this important area. In the last two years it has been clarified via a joint Written Ministerial Statement that planning should not restrict the timely delivery of children’s homes, and we have changed the National Planning Policy Framework to make it explicit that planning authorities must plan to meet the needs of looked-after children.

As we said in Keeping Children Safe, Helping Families Thrive, we will continue to make progress on further changes that support the delivery of children’s homes where they are needed. This includes data collection and an analysis to translate the data and work out how it needs to be used, which is often overlooked, I am sad to say. In my experience of dealing with an application for a small home in the ward I used to represent, we went out for intensive consultation with the residents living around the home. I am very pleased to say that, in the end, after some scepticism and reservation, when we went through it carefully and they met the people running the home and understood how many children would be there, it went through and was an enormous success. They came and asked how they could help to support the children in the home through their local connections. So there are reasons to be optimistic, but there is a great deal to do, which is why, as I have said before, we have this Bill before us. I thank everyone for their comments but, for the reasons I have outlined in these remarks, I hope the noble Lords will not press the amendments in their names.

Children’s Wellbeing and Schools Bill

Lord Russell of Liverpool Excerpts

Thursday 12th June 2025 Lords Chamber

[Baroness Stedman-Scott (Con)]

I apologise; I am just so keen.

[Lord Russell of Liverpool (CB)]

My Lords, I support the amendments in the name of the noble Lord, Lord Watson, and Amendment 164 in the name of the right reverend Prelate the Bishop of Manchester.

I am a retread, a hereditary Peer who originally came here not very long ago, in 1981, left in 1999 and was recycled, like an old tyre, in 2014. I made my first maiden speech in 1982 and my second in 2015, on the subject of Staying Put. At that time the Minister for Children was the rather wonderful Edward Timpson, the younger brother of the Department of Justice Minister here. He had grown up in an extraordinary family. Apart from having full-blood siblings, while he was growing up his amazing parents fostered more than 90 children. So Staying Put was put in place by an individual who had a deep understanding of the issues faced by young people unfortunate enough not to be able to live with their natural or even unnatural parents. Staying Put was a result of that. The debate in 2015 was to welcome the fact that it had been extended, having been deemed such a success.

It is very fitting that now we have another Timpson in government, albeit in a different department, we again look at this and recognise how successful it has been. What we are asking for in this amendment will not involve a vast number of children or a vast amount of money. It will, however, be transformative for that small number of children. In economic terms, the benefits of giving them support up to the age of 25, if they need it, will be more than repaid by some of the problems that might cost rather more if they have to leave earlier. For all those reasons, I request that the Government look at this sympathetically and see how it can be fitted in.

On the amendment from the right reverend Prelate the Bishop of Manchester, in so many parts of our society there is a postcode lottery. That is not surprising given how the highly centralised country of England, with all roads leading to London, coexists with a piebald mosaic of different local authorities and different organisations of all kinds, which to some extent relish the English creative impulse to reinvent the wheel in your own image. As a result, there is considerable variation. If you asked a variety of organisations providing support for those in care or coming out of care to define succinctly, in two or three minutes, exactly what their care offer was, you would get rather different answers.

For those reasons, and as the noble Baroness, Lady Benjamin, said, it would be very beneficial to have clarity about the core elements of the offer and to do everything one can to make sure it is understood and, as far as possible, complied with across the country.

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[Lord Lucas (Con)]

My Lords, Amendment 98 in this group asks the same question I asked in the two previous groups: can we get local authorities to publicise what they are doing each year, to give them a benchmark to improve on each year?

[Lord Russell of Liverpool (CB)]

My Lords, this group ranges quite widely but there is a common theme: the things that are going wrong which ideally should not be. The question is, how do you get a handle on all of this?

There is a certain symmetry with the amendment of the right reverend Prelate the Bishop of Manchester, asking for a review into the disparities that care leavers are facing, which is fairly all-embracing. I suspect that quite a lot of that information is already available thanks to the MacAlister review. The right reverend Prelate’s amendment suggests that it could take up to two years—I would hope and expect it to be done a great deal quicker.

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[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.

[Lord Russell of Liverpool (CB)]

My Lords, I support the amendment from the noble Lord, Lord Storey. I will also speak to the amendment in the name of the noble Lord, Lord Watson. As far as this fund is concerned, I have been involved in the All-Party Parliamentary Group on Adoption and Permanence as an officer and occasional co-chair for the past seven or eight years. I do it with somebody the Minister will know: Rachael Maskell, the MP for York Central. I was just scrolling back on the group’s website to see how many times we have had to launch a mini-inquiry into this fund and go through a process of appealing yet again to successive Governments to keep it going. In doing that, we have amassed each time a large amount of evidence to show just how much good this fund has done and how transformative it is for families who have adopted children, many of whom are expressing the medium- and long-term effects of the trauma they received in early life. This fund is a genuine lifesaver for those children.

I have kept in touch with a parliamentary assistant who works for an MP and is an adoptive parent. She has told me over the past few years about the intense challenges she and her husband have had with one of their adopted children and how, frankly, without the support of this fund, they were getting near crisis point and would have had to give up the adoption, so the child would have lost their adoptive family. It was the fund that enabled them to keep going. I stress to the Minister the disproportionate good that is done for these families by the expenditure of relatively small amounts of money, in the great scheme of things. The quality support and counselling that is required to help children with this level of trauma is not cheap. It requires extremely dedicated professionals who are very focused in this area. Working with children who have experienced trauma is as challenging for the practitioners as it is for the parents and the children.

I would hate to think that, over the next four years of this Government, we will have a repeat of what the all-party group experienced under previous Governments, of having to go through this cycle every two or three years of the Government threatening to reduce the fund and us having to go out and get evidence to explain just how important and life-changing it is—along with other groups, of course. In the end, the Government typically listen to the argument, but in each case it has been a challenge to get them to listen, so this group is an opportunity to remind the Minister just how transformative this fund is for the parents of children who have experienced trauma, as many adopted children have.

That leads me to the amendment in the name of the noble Lord, Lord Watson, to which I added my name. In terms of numbers, adoption is a relatively small part of looking after children who are unable to be with their birth parents. There are the large numbers in kinship care, which we talked about earlier this week, the large number—we wish it was larger—who are being fostered, and then the extremely large, expensive and distressing number of children who are in residential care.

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[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.

[Baroness Smith of Malvern (Lab)]

It would be 19.

[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.

Schools: Mobile Phones

Lord Russell of Liverpool Excerpts

Thursday 6th March 2025 Lords Chamber

[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.

Relationships, Sex and Health Education: Statutory Guidance

Lord Russell of Liverpool Excerpts

Thursday 16th May 2024 Lords Chamber

[Baroness Barran (Con)]

I thank my noble friend for her question. She is right that Oak National Academy is collaborating with Life Lessons Education to develop new relationships and health education in primary and relationships and sexual health curriculum in secondary. That will be made available in full from autumn 2025.

[Lord Russell of Liverpool (CB)]

My Lords, I declare my interest as a governor of Coram, and for 24 years I was the chair of the largest provider of health education to primary schools in the country. It is extremely pertinent that the noble Lord, Lord Parkinson, is in his place because, when the Minister has heard the question I will pose, she may wish to spend some time with him.

The independent expert panel that assisted the department is notable for the absence of anybody who is an expert on online safety. It is as if the department is unaware that we spent a great deal of the last year on what became the Online Safety Act, looking in great detail at the protection of children. We say the purpose of the new age limits is to make sure that children are not taught things before they are ready to understand them, but does the Minister not accept that the problem is that children are seeing things that they do not understand and at the moment will not be able to discuss in school or ask their teacher about? They are also unlikely to ask their parents about it. Some 25% of children under the age of nine have smartphones, while a large proportion of under-11 year-olds are, illegally, using WhatsApp. This is the reality. This is the innocent childhood that the children of today are experiencing; it is not the childhood that we had. So I beseech the Minister to work closely with the team that has done huge work on the Online Safety Act, and with the people at Ofcom who are drawing the code together, to make sure that the left hand knows what the right hand is doing, preferably with a brain in between.

[Baroness Barran (Con)]

Luckily, since we are talking about officials, I can confidently say that the right and left hands know what they are doing and there is definitely more than one brain in between. In all seriousness, I would be very happy to meet with the noble Lord once he has had a chance to look at the content of the new curriculum. I hope he will be reassured by the extent to which it acknowledges the issues to which he refers around online risks to children.

There is of course nothing to stop any parent talking to their children about risks online; indeed, I think we all hope that parents would be doing that. This also does not prevent children asking questions in the classroom or more privately to a teacher. None of this prevents the asking of questions about a child’s curiosity or worries; it just ensures that it is age appropriate in the way that it is delivered at the front of the classroom—and I hope the noble Lord supports the Government’s move to ban mobile phones in schools.

Children in Care: Gone Too Far Report

Lord Russell of Liverpool Excerpts

Tuesday 23rd May 2023 Lords Chamber

[Baroness Barran (Con)]

Some of our aspirations in relation to children with autism—I think my noble friend’s question might have been a little broader than just children—is set out in our new SEND strategy, both looking at how we can support children with autism where it is appropriate for them to remain in mainstream schooling, but also making sure that there is enough specialist provision. We are making a very significant investment in that area at the moment.

[Lord Russell of Liverpool (CB)]

My Lords, I declare my governorship of Coram, the children’s charity. The Minister said earlier that not very many children were being sent to Wales and Scotland. In 2022, more than 800 were sent. I think that is rather a lot; I do not know whether she would agree. Will she also focus on the fact that the cost of sending a child so far away is roughly double the cost of placing them in a home much nearer? At a time when local government is starved of funds, it seems particularly stupid that this should be the practice, so please will she and her department focus on trying to stop that as soon as possible?

[Baroness Barran (Con)]

I have tried to set out what the department is doing to address those points. A number of the most distant placements are for very specialist provision, and I appreciate that there can be some additional costs but, overall, those residential care placements are broadly similar in cost when looking both at local authority and at private and voluntary provision.

Adoption Support Fund

Lord Russell of Liverpool Excerpts

Thursday 13th February 2020 Lords Chamber

Moved by

[Lord Russell of Liverpool]

That this House takes note of the All-Party Parliamentary Group for Adoption and Permanence’s Report Investing in families: the Adoption Support Fund beyond 2020, published in July 2019.

[Lord Russell of Liverpool (CB)]

My Lords, I thank the usual channels and Cross-Bench colleagues for allowing me and the noble and learned Lord, Lord Hope, to have a third bite of the cherry with our debates, having fallen foul of the non-Prorogation and the general election. I declare my interests as a governor of Coram and as an officer of the All-Party Parliamentary Group on Adoption and Permanence, whose report we are discussing this afternoon.

The adoption support fund, usually abbreviated to the ASF, was introduced in England in May 2015, championed by the then Minister for Children, Edward Timpson—happily re-elected to the House of Commons in December. His personal experience informed his belief in what the fund could achieve. He was brought up in a family with two adopted siblings and his extraordinary parents fostered an additional 90 children. Edward grew up with a deep understanding of trauma because he saw it unfolding all around him. The fund was specifically designed to find alternative and creative—I emphasise that—ways to enable families to deal with the effects of trauma on the behaviour and well-being of adopted children. It was set up with a five-year term, due to end this year.

As our report says, the fund has been, and is, a great success. I congratulate the Government and the Department for Education on making such a positive difference to families and children who were at, or near, breaking point. The Government have invested over £150 million, providing therapeutic support for more than 38,000 families. Since the cost of each child in the care of the state is around £34,000 per annum, one can do the maths: £1.3 billion for children in care, as opposed to eight and a half times less when children benefit from the therapies provided by the adoption support fund. How cost effective is that?

I was fortunate to be present at Coram for the launch of National Adoption Week last October, when the Secretary of State for Education, Gavin Williamson—whom I see has retained his job—announced the extension of the fund to 2021, while also revealing his own personal commitment, having grown up in a family with a foster sibling,

So, the Government have a success on their hands. They have extended the fund for a further year and the department has been resolutely consistent in saying no more than that its future will be considered in the upcoming spending review. I shall try to articulate the case for its long-term continuation and measured expansion, and suggest how it can be even more successful in helping to mitigate the effects of trauma, and in so doing transform and improve the lives of adoptees and their families, saving the state a huge amount of money. To borrow from the words of Mark Antony: I come here to praise the Department for Education, not to bury it.

There are six key recommendations in the report. I assume that the department has studied these carefully so I shall not bore the Minister or the House by repeating them in detail. Instead, I will flag up some specific points for the Minister and the department. The first is prevention versus cure, or how to prevent trauma happening in the first place. Harriet Ward was one of the authors of the 2012 book, Safeguarding Babies and Very Young Children from Abuse and Neglect, which detailed the results from following the lives of a sample group of children at risk from birth to three years old. Of that sample, 66% were identified as being at risk before they had even been born. Of the two-thirds of the sample still with their families at age three, 43% were judged to be at significant risk of harm from their own parents. By age three, 50% of the children in this study displayed serious behavioural problems or developmental delay.

This is partly where trauma starts. I urge the Department for Education and the Department of Health to assess and potentially extend initiatives such as the Oxford Parents Under Pressure pathway, the London and Glasgow Infant and Family Team and the Norfolk Parent-Infant Mental Health Attachment Project, and to build the learnings from these into discussions during the spending review about how to present and/or mitigate the onset of trauma.

Secondly, it is time to reassess the target audience. Initially the fund focused on adoptive families, which subsequently extended to special guardianship families. A third group is kinship carers. One size does not fit all, but I urge the Government to develop their understanding of the needs of each group and to target those specific needs as much as possible. This could be achieved partly by providing more effective publicity and information about the availability of the fund, but one might consider renaming the fund so that it can reflect better its target audiences.

Thirdly, it would be good to understand the consequences of the fund’s success. It was designed to find alternative and creative ways of enabling adoptive families to deal with trauma, and its success has, in effect, created a substitute mental health service without normal governance and scrutiny. An unintended consequence is that some NHS child and adolescent mental health services—CAMHS—use the existence of the fund as a means of excluding adoptees from accessing those services. Can the department, with the Department of Health, please consider the best means of co-ordinating and clarifying services, so that children do not unintentionally suffer?

Fourthly, how do we ensure adequate and appropriate clinical input? How can we resource and embed this better to enable optimal evaluation of need and effective delivery of services? Can the department study best-practice organisations such as the Birmingham Children’s Trust, ably led by Andrew Christie, the chair of the Adoption and Special Guardianship Leadership Board? The trust provides a comprehensive and holistic process which analyses need, develops an individual plan for each client and then acts as the advocate for the family in its interactions with the fund.

Please could the department consider hiring and embedding in-house clinical experts within its own ASF team? Please could the department specify a requirement for Mott MacDonald, which does an excellent job of administering the fund on its behalf, to hire and embed clinical expertise within its application processing teams? Please consider recommending that every local authority should have a qualified, designated trauma lead who colleagues can refer to for advice.

Please review why voluntary adoption agencies are unable to apply to the fund directly, or at least consider the practical solution of allowing social workers to delegate applications to those agencies but with the final sign-off remaining with the designated social worker. The current lack of sufficient clinical experts to help social workers evaluate applications is placing an unfair and unreasonable burden on them. They are not clinical experts, so give them access to the real experts to ensure the children and young people get the appropriate assessment and therapeutic help.

Fourthly, how could we future-proof the fund? The fund was always intended to tap into, and to help stimulate, a market in therapeutic support outside the clinical mental health suite of services. As the fund has grown and broadened, assessing and focusing on what works best and what is worth experimenting with has become more challenging. The fund is currently assisted by the aforementioned Adoption and Special Guardianship Leadership Board and by the DfE, local authority and regional adoption authority user group.

Please could the department consider creating a specialist ASF advisory board which would be able to assess, advise and recommend on improvements and adjustments to the fund in real time? This could include creating a formal evaluation process for measuring effectiveness.

The organisations that provide and develop the therapies that the fund enables children and their families and guardians to access crave the degree of certainty that will encourage them to invest, innovate and expand. This can come only from confidence that the fund has long-term support.

The Minister will be pleased that I am the end of my wish list of questions. I thank Edward Timpson and his DfE team at the time of the fund’s launch for having had the courage and insight to create the fund. I thank Rachael Maskell, the chair of the APPG, for her passion, humanity and gentle but effective leadership; and give a big thank you to the team which supports the group and makes our work possible.

Above all, I thank the individuals and organisations which gave evidence to our inquiry. We received 1,600 responses, hearing from 247 children and young people, 1,212 parents and guardians, 115 therapists and 74 social workers. We are particularly grateful that the Department for Education participated in the inquiry and it was extremely helpful to hear directly from Christina Bankes, the deputy director of children in care and permanence.

Finally, I thank those who will speak in this afternoon’s debate. We are speaking on behalf of children and young people who have had, through absolutely no fault of their own, early life experiences which can blight their lives and the lives of those who love and care for them. Please listen to their voices and to their heartfelt thanks for what the fund is achieving. They are unanimous in asking for its continuation. I beg to move.

--- Later in debate ---

[Lord Russell of Liverpool]

I thank all noble Lords who have taken part in this debate. We may be few in number but we speak for an awful lot of children and families who are not able to reside on these red Benches, albeit that I gather that we may have a few new arrivals imminently. The Minister commented that I had taken a positive approach in my speech. I return the compliment and thank him for being unusually positive and even effusive in his comments about the fund. I think that the department really does deserve a pat on the back—I am looking at the advisers in the Box—for having been responsible for a true, apolitical success which is making an enormous difference to people who need and deserve help.

I thank the right reverend Prelate in particular for taking part. He is a living example of the danger of finding oneself sitting opposite me at lunch. We started a conversation about something quite different. Once he had found out a bit about me and I had discovered about his personal experience, he very kindly altered his diary to be with us this afternoon. We are all enormously grateful to him for giving us his direct, personal experience.

This subject deeply affects a lot of people—often people you do not necessarily know have these issues. I was contacted this afternoon by an adoptive parent who works down the other end for quite a well-known opposition MP. She called me today to say, “I think there is a debate today. Is that true?” I said yes, and asked her, “Is there anything you would like me to say?” She simply said, “What I would like you to say is that if it hadn’t been for the fund, my family would have had adoption breakdown. I think we would have lost our child, and we might well have lost our marriage.” One can have no better celebration of the fund’s success than that. With that, I wish everybody a therapeutic Recess.

Motion agreed.

Children’s Homes etc. Inspection Fees, Childcare Fees, Adoption and Children Act Register (Amendment) Regulations 2019

Lord Russell of Liverpool Excerpts

Tuesday 18th June 2019 Lords Chamber

Moved by

[Lord Russell of Liverpool]

That this House regrets that the Children’s Homes etc. Inspection Fees, Childcare Fees, Adoption and Children Act Register (Amendment) Regulations 2019, in revoking the duty on adoption agencies to provide information to the Secretary of State about children approved for adoption and approved prospective adopters who have not been matched, and in allowing the adoption register for England to lapse from 31 March, have failed (1) to put forward satisfactory evidence to justify these decisions, (2) to offer a timetable for and clarity about a replacement for the register, and (3) to explain how Her Majesty’s Government intend to mitigate the risk of reduced provision for children who may be harder to place (SI 2019/835).

Relevant documents: 49th and 50th Reports from the Secondary Legislation Scrutiny Committee

[Lord Russell of Liverpool (CB)]

My Lords, I declare my interest as a governor of Coram, which has been looking after the interests of children since it was established as the Foundling Hospital in 1739. I also place on the record the fact that Coram ran the Adoption Register for England on behalf of the Department for Education for the last three years of its existence. I am also an officer of the All-Party Parliamentary Group on Adoption and Fostering.

I wish to make it crystal clear, however, that I am not speaking on behalf of Coram; I am expressing my own personal concerns. Above all, I am speaking on behalf of a small group of children, a group often described as the hardest to place, who have been waiting to be matched with adoptive parents for 90 days or more—often a great deal longer than 90 days. These are often children with special needs, children with disabilities and sibling groups.

I also wish to make it crystal clear that I do not put forward this regret Motion to try to castigate and embarrass the Government. On the contrary, as I said on the record in this Chamber on 14 May, in the debate on adoption initiated by the noble Lord, Lord Triesman, Governments of all political hues must be congratulated for a succession of initiatives which have significantly improved the standards of operation across the adoption sector and the chances of giving children new lives with loving families. It is fortunate that the Minister was at the Dispatch Box during that debate.

Under the Adoption Agencies Regulations 2005, adoption agencies were given a duty to register this category of children unmatched after 90 days. During the last year of its operation, over 80% of the children referred to the register were in this category and it succeeded in making 275 matches. Despite it being a statutory requirement for this group of children to be registered, it is an open secret and accepted fact of life within the sector that not all of them have been. We simply do not know, and have never known, exactly how many children there are in this category.

Exactly five weeks ago today, it was brought to my attention that the Minister for Children and Families would be giving evidence to the Secondary Legislation Scrutiny Committee about his decision to stop the operation of the national register. I went to listen to the proceedings and was interested and encouraged by the obvious concerns felt by members of the committee. I was equally interested, if occasionally slightly baffled, by some of the explanations given by the Minister. The chairman of the committee, the noble Lord, Lord Trefgarne, spotted me lurking in the back of the committee room and kindly asked me if I had any questions for the Minister. I asked specifically about the potential impact of the loss of the register on the group of harder-to-place children, and was left at the end of the session with a nagging concern that the Department for Education seemed broadly satisfied and relatively unworried that there might be any negative impact, without having undertaken any really detailed analysis. This is not helped by the fact that we do not know, and have never known, exactly how large this group of children is, who and where they are and how long they have been waiting to be matched.

The Minister stated that he felt confident that, in particular, the excellent database and matching service provided by the market leader—a social enterprise called Link Maker, created by adopters five years ago—was already taking care of the needs of this group of harder-to-place children. Link Maker uses up-to-date technology which is particularly user-friendly for social workers and potential adopters. It is far fleeter of foot and more focused on customer experience than the somewhat clunky and technically less well-resourced national register. As of today, every English local adoption agency is happy to pay an annual fee of £5,000 to access Link Maker, which also provides the online platform for the Scottish and Welsh adoption registers. I have spoken at length with the chief executive of Link Maker, Mr Andy Leary-May, whom I thank for his help. He shares my concern, and that of Coram, about some children falling through the net. He wrote to me as follows: “The evidence suggests that, where a child’s agency has the resource and the will to proactively seek matches for harder-to-place children, the right tools are in place. However, we know that not all children in this cohort were referred to the register and it is fair to assume that not all are added to Link Maker. There is no mechanism currently in place to enable scrutiny of this, yet such a mechanism is perfectly feasible”. I will return to this theme later.

During his evidence, the Minister said that he agrees with the observations and recommendations of the report into foster care conducted by Sir Martin Narey and Mark Owers together with the House of Commons Education Select Committee. He said that:

“The work we do for the most vulnerable children in our care is far too siloed; fostering sits in one place and adoption somewhere else. We need to bring together our thinking and that is what the future will look like”.


He went on to describe his ambition to take all the databases sitting in local government, voluntary adoption agencies and fostering agencies and bring them into a single pipeline, so that everybody is looking at the same data, whether in fostering or in adoption. He did not make it clear whether this new capability would be designed to meet the requirement, stated by the chief executive of Link Maker, that all children up for adoption should be clearly and accurately identified. I think it would be fair to say that the Minister’s inability to say in his evidence exactly where this ambitious technology project is today, how long it may take to come to fruition and be in full operation and how much it will cost, did not appear to impress some members of the committee. None of the members, I suspect, are here, because the committee is in session as I speak.

When doing the homework in preparation for today’s debate, those with far more knowledge than me have suggested that the vision of joining adoption and fostering at the hip may be partially impracticable. What Sir Martin Narey and Mark Owers actually said in their report was that adoption and fostering should be seen as a continuum. As I understand it, their recommendation is that fostering, which has specific characteristics very different from adoption, should follow the lead of the many improvements in the adoption sector and find the best way to emulate adoption’s success. One person summed this up forensically by saying that specialism is not the same as a silo. The department needs to have another long, hard look at some of the assumptions that appear to be the foundations of the Minister’s vision of the future.

I return to the issue of the potential impact on this group of harder-to-place children. I was somewhat perplexed to read on page 6 of the Explanatory Memorandum to the statutory instrument, under the heading “Impact”:

“There is no significant impact on business, charities or voluntary bodies. There is no, or no significant, impact on the public sector”.


There is no mention or analysis whatever of the potential impact on children. How can one claim to be totally child-centred in one’s approach while simultaneously failing to analyse rigorously what effects one’s actions will have on the child?

It is timely that only yesterday afternoon, several of us met with the Children’s Commissioner for England to be briefed on her forthcoming report on vulnerable children. I want to highlight two of her four key recommendations. The first is that a focus on children should be the starting point of any initiative. The second is that our aim should be children having happy lives and good prospects. I think most of us would find it difficult to disagree with these eminently sensible recommendations. However, I feel that the Government’s approach to the abolition of the national register, in appearing not to have clearly thought through the analysis of its detailed impact—let alone what, when and how some of its duties and activities will be continued—is not in the best interests of that subgroup of harder-to-place children. Some of these children are invisible or not present within the existing registration system.

Coram estimates that some 925 children in this subgroup are waiting to be matched today. The National Deaf Children’s Society is extremely concerned that the particular needs of disabled children up for adoption are best met by looking for matches at a regional or, preferably, national level, rather than at a local level. Given the concerns stated by many that the children will potentially be put at a disadvantage by a system that, today, does not necessarily identify and register them all, and that this state of affairs looks set to continue for an uncertain period of time, to be replaced by a registration system that has not yet been clearly defined, I put it to Her Majesty’s Government that this is a genuine cause of concern and for regret, which is why I have put forward my Motion.

The suggestion put forward by many, which I share, is that the Government should move expeditiously to create and manage one centralised national list of children and adopters, clearly identifying each individual in real time, and then allow the market to develop, without charge, applications that access this data and provide social workers and adopters with different ways of searching for and identifying potential matches. Many believe that an initiative such as this would also help to accelerate the creation and operation of the new regional adoption agencies. The chief executive of Adoption UK, Sue Armstrong Brown, states that a key constraint is how to develop new adopters: “There are examples of councils that turn away would be adopters because they do not fit the immediate needs of children coming on the local list. This might be because of a family’s ethnicity or an unwillingness to consider sibling groups when these features might match children elsewhere in the country”.

--- Later in debate ---

[Lord Agnew of Oulton]

I assure the noble Lord that I will specifically address the issue of harder-to-place children in a moment.

Since we announced the closure back in August 2018, the Government have not received any feedback to suggest that local authorities and adoption agencies are having difficulties matching children. In fact, the Association of Directors of Children’s Services said that,

“local authorities continue to take responsibility for our children who need adoption and the adopters we approve, and have never relied on one system alone in the matching process”,

and ahead of the closure, the sector leaders spoke out about their support for the decision.

On harder-to-place children, the noble Lords, Lord Russell and Lord Watson, sought reassurance that such children would not be more vulnerable or drop out of the system because of the loss of the register. The adoption register was never intended to be solely for harder-to-place children. Rather, it was to provide an alternative source of potential adopters for all children. To some extent, all children who are not placed locally, so needing a matching service, could be regarded as harder to place. But “harder to place” is generally understood to mean sibling groups, ethnic minorities, children over five years-old and children with a disability. One of the commercial alternatives contains a high number of hard-to-place children. I understand that its recent child cohort included 50% in a sibling group, 12% aged over five, 27% who did not identify as white British and 15% who had multiple health or emotional needs. I hope that that also addresses the point made by the noble Lord, Lord Storey.

In a recent survey by Link Maker, the alternative provider that was discussed, 67% of respondents said there had been no change to their ability to find matches for harder-to-place children, 14% suggested that it was now harder and 17% suggested that things had improved. Indeed one of the comments said,

“by far the most matches for the harder to place children, siblings groups etc, came via Link Maker rather than through the Adoption Register”.

The noble Lord, Lord Russell, and the noble Earl, Lord Listowel, asked how many children were likely to miss out on placements. That is the most crucial question in this debate. I would like to reassure noble Lords that children are not being left behind following this decision. There is no gap in provision; children are and will continue to be matched with loving families. The Government will of course continue to monitor this and robust action will be taken if this changes.

The noble Lord, Lord Watson, asked about a lack of proactive searching. I understand that there is concern that the alternative provider offers only a system, whereas the register provided an additional service. As the noble Lord said, the register employed 10 regional business partners to search for links. In 2018-19, it found 120 matches. During the same period, the main commercial alternative found 967 matches. If a child has been waiting for a long period, the main commercial provider system will proactively contact the social worker to provide assistance.

Alongside the register, agencies have used a range of other services and also use the exchange and activity days that I have already mentioned, including commissioning them for their areas. It is important to acknowledge the important work of Coram in this area. I recognise the important work that the noble Lord, Lord Russell, does with Coram and the support he provides to it.

Naturally, I understand concerns when we talk about commercial providers, but I assure noble Lords that we are not talking about large organisations making a profit at the expense of children and adopters. The main commercial provider, Link Maker, is a social enterprise run by a group of adopters. It monitors the progress of children added to the system, and if a child has been on the system for an extended period, an email is sent suggesting ways of finding matches. I understand that another service is being launched and will be run by Coram, which, as I said, is respected for its work.

For the main commercial provider, subscriptions by local authorities are paid on an annual basis, not per child. There is no reason—in particular, no financial reason —why a commercial service would ignore harder-to-place children. Local authorities have a duty to safeguard and promote the welfare of a child they are looking after, and I trust that they will continue to fulfil this duty.

The noble Lord, Lord Storey, asked about the cost of Link Maker. I appreciate the concern about the cost of commercial alternatives. As the Parliamentary Under-Secretary of State said to the committee, on average it costs a local authority about £5,000 a year for the subscription. I appreciate the concern when considering that the adoption register was a free service, but it is important to state that the majority of adoption agencies—around 93—were already paying for a subscription.

The noble Lord, Lord Russell, asked about our future plans. The Motion refers to work we are undertaking on the feasibility of a future digital infrastructure to support this area. This brings us to the point made by the noble Lord, Lord Russell, about the Select Committee and Sir Martin Narey. Both reports suggested that the Government’s work for the most vulnerable children in our care is too siloed. The reviews found that considering the component parts of the care system, for example fostering and adoption, in isolation,

“creates an unhelpful divide in the way we approach a child’s experience in the system and his or her routes to permanence”.

In response to this, we are trying to improve support across the sectors with better information and better systems. Agencies hold and share a lot of data and need to ensure that it is managed appropriately. We are exploring the feasibility of introducing a system that can bring it together to support better communication and present it in one place in a user-friendly way. We agree that this makes sound sense and we are actively considering the implementation of a single list.

Reflecting the findings of these recent reviews, we want to work with the sector to think through the best digital infrastructure to support adoption and fostering. My colleague, the Parliamentary Under-Secretary of State, will write to colleagues to provide more detail on this work following the spending review.

Beyond the adoption register, I shall also say a few words about what else these regulations cover. They make changes to inspection fees for social care providers and childcare providers. They introduce a 10% increase to the fees payable to Ofsted by some social care providers to move closer to full cost recovery. This increase has been made annually since 2010. As well as this, Ofsted charges an annual registration fee to childcare providers on the early years register. This statutory instrument maintains the current registration fee of £50 for a specific group of providers that operate for only a limited number of hours each day, reducing the potential burden on childcare providers of a fee increase.

The noble Lord, Lord Watson, referred to the procedure used for these changes to the regulations. I understand that there has been some concern. We are advised that the negative procedure was correct for this type of change, and it is the procedure set out in the primary legislation. We spoke to the sector extensively, and it was comfortable with the adoption register coming to an end. We wanted to revoke an unnecessary duty; indeed, we were asked to do so by the sector. There was therefore a feeling that this was routine and that we were attempting to tidy up regulations so as not to leave a redundant duty. I reassure noble Lords that there was no attempt to hide this or slip it through under the radar.

I welcome noble Lords’ interest in these regulations. I want to provide reassurance that the Government have spoken to the sector extensively regarding changes to the adoption register and that that dialogue continues. Feedback shows that users of the register are comfortable with the decision to end its operation. We have not received any feedback to suggest that agencies are struggling without it. I accept the comment of the noble Lord, Lord Storey, that it is early days; however, had it been crucial to the operation of local authorities, within three months we would have heard something from them.

I hope that I have been able to provide more context to these changes and to reassure noble Lords of the focused and necessary attention of these regulations. On that basis, I ask the noble Lord, Lord Russell, to withdraw his Motion.

[Lord Russell of Liverpool]

My Lords, I thank everybody who has taken part in this brief discussion and thank the Minister for his response. I felt on occasions slightly as though I were sitting in an echo chamber and going round and round in circles. I appreciate that the ministerial response is written for him, but I still have genuine concerns about the fact that Her Majesty’s Government do not know, and have never known, the exact number of children—particularly harder-to-place children—who are waiting to be matched. We have never had a definitive figure; that is an abrogation of our duty. We have a duty to know who those children are, where they are, what sort of condition they are in, and to be able to track what is being done to help them find a match to transform their lives—for example, keeping sibling groups together, or helping a deaf or blind child to find a loving family who will understand how to respond to and look after their needs.

Despite the briefings that various organisations have provided, I decided to do my homework and have spoken directly to some of the people who provided the briefings, asking some awkward questions of what is behind the fine words. The answer is that, while much in the adoption sector is going well and has definitely improved over the last two decades—I take my hat off to various Governments for achieving that—we still do not know how many of these vulnerable children there are or exactly what is going on. I do not find that satisfactory.

I will not myself push this to a vote. If any other noble Lords wish to do so, that is up to them. I make it clear that, should it be put to a vote, I will abstain. My view is that this is a matter divorced from party politics; we have quite enough of that going on at the moment, including as we speak, with—to plagiarise Oscar Wilde—various members of the unspeakable classes in pursuit of the unachievable. But that is another matter. So I am not going to push this, but I hope that the Minister and his officials will read what I have said carefully; I hope that they will speak to various people in the sector to find out what is really going on, ask awkward questions rather than just listen to the answers one might hope to hear, and do everything possible to identify those vulnerable children. On that basis, I beg leave to withdraw my Motion.

Some Lords objected to the request for leave to withdraw the Motion, so it was not granted.

Schools: Adopted Children

Lord Russell of Liverpool Excerpts

Tuesday 14th May 2019 Lords Chamber

[Lord Russell of Liverpool (CB)]

My Lords, I too thank the noble Lord, Lord Triesman, for initiating this short but timely debate. Yesterday, he and I, along with the noble Earl, Lord Listowel, attended the first day of an inquiry by the All-Party Parliamentary Group on Adoption and Fostering into the adoption support fund, which was very informative. This afternoon, I listened to the Secondary Legislation Scrutiny Committee, on which I was allowed to freeload, and heard the Parliamentary Under-Secretary of State for Children and Families, Nadhim Zahawi, discuss the current status of adoption strategy and the Government’s decision to end the national adoption register at the end of March. It was an interesting discussion; I do not think we were completely convinced by the Minister’s attempts to reply, but he did his best.

I declare my interest as a governor of Coram. We have been trying to do our best for children for quite a while—since 1739—so we have learned a thing or two along the way.

I praise the Government for their initiatives in recent years, which are a testament to just how seriously they genuinely wish to improve the lives of adopted and cared-for children. The combination of the Staying Put initiative, the pupil premium, the adoption support fund and the creation of virtual school heads are all laudable. They have also commissioned the Timpson report into school exclusion and have accepted many of its recommendations.

I shall embarrass Edward Timpson, in what I hope is the best form of being singled out. He was extraordinarily fortunate to be born into an amazing family, one of the children of the truly extraordinary Sir John Timpson and his late wife, Alex. They had three children of their own, adopted two more and fostered more than 90 children. It is therefore not hard to imagine how the environment he grew up in gave Edward profound insights into and empathy with the realities of early-life trauma and their consequences. In just under five years at the Department for Education, initially as Parliamentary Under-Secretary of State and then as Minister of State for Children and Families, he made a real difference, bringing knowledge, insight and a relentless focus on the child, and he developed a huge amount of respect and affection across the political divide and throughout the organisations connected with children and families—perhaps rather a difficult act to follow.

While I wish the current Minister of State well, I find myself becoming increasingly irritated every time I see him sharing his views publicly about our present impasse over Brexit. I would infinitely prefer him to focus 100% of his time on what is best for children and families, and I gently suggest to the Minister that he whisper into his colleague’s shell-like ear that perhaps his predecessor would have behaved rather differently.

Having spoken about Edward’s depth and breadth of knowledge, I would like to ask the Minister about his own experience of working with adopted and cared-for children within the schools in the Inspiration Trust. How do these experiences inform his attitude and approach towards encouraging these government initiatives to go forward?

The comprehensive briefing pack we were given for this debate, provided by our wonderful Library, included Adoption UK’s 2018 report Bridging the Gap, which the noble Lord, Lord Triesman, mentioned. Its distillation of the issues where it perceives that there are gaps is masterly. It identified four principal areas: the understanding gap, which is the need for professional development for all educators; the empathy gap, which prioritises emotional and social literacy rather than league table results; the resources gap, which highlights the need to understand and even out the postcode lottery of uneven coverage and delivery; and the attainment gap—the need for accurate, timely data, continuously measured, analysed, understood and acted on.

Several things jumped out at me from the report. First, there is a problem. It is crystal clear that there is a link between better well-being and better academic achievement. Listen to this primary school head teacher talking about her dilemma, saying that,

“we have an entire school system built on high levels of cortisol and stress, a focus on accountability, results and endless testing. We are told to focus on children’s mental health within a system that seems determined to destroy it”.

What a cri de coeur.

Secondly, there is a solution. Listen to this adoptive parent. “My child moved from a school with no understanding or willingness to understand his attachment and trauma issues. It was horrific for him and horrific for us as a family. His new school is understanding, loving and kind and he is like a new boy”. It can work. It just needs people with the right attitude.

Thirdly, I have a reflection. This is the power of a redrafted school behaviour strategy. “Thinking of a child as behaving badly disposes you to think of punishment. Thinking of a child as struggling to handle something difficult encourages you to help them through their distress”.

I have three questions for the Minister, which he has heard in the past. What analysis have the Government done of how effectively the pupil premium has been used to support adopted children in education? Thankfully, the Government have accepted the Timpson review’s recommendation that the DfE should publish the number and rate of exclusion of previously looked-after children who have left local authority care via adoption. What further steps are being taken to ensure improvement in the collection and scrutiny of data on adopted children’s educational outcomes?

Finally, the work of Coram and other charities with adoptive parents and kinship carers has found that many can feel blamed and isolated, with a lack of support while their children struggle at school. What consideration have the Government given to peer models of support for those groups, where adopted and kinship carers support each other, which could complement the work of the virtual school heads? Will the Minister note that, from the evidence we heard yesterday afternoon about the adoption support fund, while there was much singing of its praises, it does not encourage or enable funding for groups of adoptive parents or kinship carers to work together? Will the department please look at that to see how it could make it easier? A problem or a learning shared can be so much more powerful than doing it alone.

I commend the Government for having moved the dial on adoption in a positive direction, but I plead with the Minister, given that Her Majesty’s Government appear to have the unwonted luxury of rather a large amount of time on their hands, to take advantage of it and forge ahead in this area.

Relationships Education, Relationships and Sex Education and Health Education (England) Regulations 2019

Lord Russell of Liverpool Excerpts

Wednesday 24th April 2019 Lords Chamber

[Lord Cashman (Lab)]

My Lords, I refer your Lordships to my registered interests as well as to my role as patron of the Terrence Higgins Trust. I begin, unusually, by associating myself with every word of the contribution of the noble Baroness, Lady Deech. I think she got it absolutely right. I also agree with my noble friend Lady Massey.

Interestingly, I too received the letter referred to by the noble Lord, Lord Storey, but I did not throw it away because it reminded me of the opposition to equality, tolerance and understanding—three things that should be at the very heart of all education. The letter said that lesbian, gay, bisexual and trans relationships were short and lonely. Perhaps my 31-year relationship with Paul Cottingham was short compared to others—I do not know—but certainly it was never lonely and I felt completely fulfilled.

What about the children in schools who come from same-sex families—who have same-sex parents? Are not their relationships and their families’ relationships as important and as viable? Should they not be properly represented, discussed and given equivalence with other loving relationships? Of course they should.

As soon as we put sex and education together, the bonfire starts—especially the bonfire of misinformation. Of course parents will and do maintain control. As was said earlier, whether a parent wishes to teach a child outside school according to their faith or none is entirely up to them. But, please, let us remember that people of all faiths and none are also lesbian, gay, bisexual and trans. It is vital that children and LGBT children receive comprehensive and inclusive sex and relationships education. In this regard I recommend to your Lordships a book to be published in June entitled Celebrating Difference: A Whole-School Approach to LGBT+ Inclusion by Shaun Dellenty. I have been privileged to see an advance copy.

I commend the Government for the guidance and regulations, and the noble Lord, Lord Agnew, for the way in which he has presented them this afternoon to your Lordships’ House. I am grateful also to the organisations that have made contact: the Terrence Higgins Trust, the National Society for the Prevention of Cruelty to Children, the Children’s Society, Barnardo’s and the National Children’s Bureau, which provided excellent briefings.

I will finish on a couple of points provided by those organisations in their so-called Sex Education Forum. They state:

“The majority of parents want schools to teach RSE”.


Some 92% affirmed that in an independent poll in 2016.

“Effective RSE is a partnership between parents and schools. Parental involvement is integral to the new RSE guidance … Education, not ignorance, is the only way that children will be able to recognise abusive behaviour and know how to seek help. 1 in 20 children are sexually abused and 1 in 3 did not tell an adult (Radford, 2011). Sexual abuse can happen to any child, so the only way to safeguard children is to ensure Relationships Education has no opt out … Bullying and … mental health affect LGBT young people at alarming rates. Nearly half of LGBT pupils (45 per cent) are bullied for being LGBT at school”,


as shown in the Stonewall survey of 2017.

“Schools are already required to teach in a way that does not discriminate on protected characteristics, so an LGBT inclusive approach to RSE is nothing new … Teachers need training in RSE so that schools can offer the high quality provision. 80% of parents want teachers to have training in RSE”,


according to the Sex Education Forum 2018.

I would like to see HIV and sexual health become a core part of the RSE curriculum if we are to empower and inform children for the real world in which they will live.

[Lord Russell of Liverpool (CB)]

My Lords, I also thank the Minister. This is the second time we have interacted today; he was brave enough to go into the lion’s den of the weekly Cross-Bench meeting earlier this afternoon, and received in general a very positive reaction. It is also a pleasure to listen to my noble friend Lady Deech, as somebody else has said, and to find myself for once agreeing with everything she has said. Long may that continue—let us not go back to the other subject, if you please.

I declare an interest as a governor of Coram. For 24 years I had the privilege of being the chairman of the largest educator into primary schools in the United Kingdom of health and drug education. During the course of my chairmanship we reached about 5 million children. We have quite a lot of experience of the challenges of teaching children about difficult subjects appropriately. I shall return briefly to the subject we spoke about this afternoon in the Cross-Bench meeting: it is difficult to teach an extraordinarily difficult and sensitive subject such as this really well. It is an enormous burden to place on a primary school teacher, with all of the pressures on them from all sides, to teach this really well; in a way that makes them feel proud as a professional; in a way that makes the children feel that they are learning something important; in a way that the parents feel respects the family and their own code of morality, but which is also appropriate for the strange and complex world of the 21st century in which the children are growing up. We cannot run away from it—it is all around us. Children spend an inordinate amount of time on social media and on their phones; if somebody does not teach them appropriately, you can guess where else they will learn it from, and whatever they learn, it will almost certainly be hilarious but perhaps disastrously wrong.

Young People

Lord Russell of Liverpool Excerpts

Thursday 13th December 2018 Lords Chamber

[Lord Russell of Liverpool (CB)]

My Lords, I, too, thank the noble Baroness, Lady Armstrong, for initiating this debate. I declare my interest as a governor of Coram, the children’s charity. Part of Coram, Coram Voice, delivers on behalf of the Department for Education the national advocacy safety net and advice service for looked-after children and care leavers, which goes under the name Always Heard. Our role is to attempt, as best we can, to voice the needs, concerns and experiences of the children and young people who are not represented here in person and who, in most instances, do not yet qualify to have their voices heard through exercising their right to vote.

The Prime Minister, yesterday morning, in what was perhaps even by her standards a rather busy day, said that she wants,

“a thriving economy with nowhere and nobody left behind; a stronger society where everyone can make the most of their talents”.

Those are laudable aims, but Brexit is, and has been, so all-consuming and reactive that it has allowed far less focus on those in danger of being left behind than they deserve. Debates such as this remind us of other pressing priorities. Surely, helping children and young people who are in many instances being left behind is a priority in which we all have a personal stake.

I will focus first on the issue of providing adequate independent advocacy for the more than 70,000 children and young people in England who are reliant on the state for their care and well-being because their families cannot safely care for them or they have suffered abuse or neglect. The complexities of and inconsistencies in the system mean that many children and young people are unaware of their rights and unsure where to turn for help, and they struggle to access the support to which they are legally entitled. An independent advocate could ensure that children’s views and wishes are communicated clearly and are taken into account—a point made clearly by the noble Lord, Lord Addington.

A 2016 report from the Children’s Commissioner for England indicated that half of local authorities were supporting less than 8% of the children they considered eligible for advocacy. Less than 10% of children in care and care leavers accessed a service in half of local authorities.

Secondly, I want to highlight the concern that many local authorities are struggling to provide timely or effective support to children who present as homeless or at risk of homelessness. The charity Centrepoint estimates that 103,000 young people in the UK presented to their council in 2017-18 as homeless or at risk, and less than half received effective support. And this is nearly 10 years since the Government issued clear joint guidance to children’s services and local housing authorities about their duties to secure or provide accommodation for homeless 16 and 17 year-olds—guidance that has recently been reinforced as a result of the Homelessness Reduction Act 2017. An important part of that Act is a new data-collection initiative, H-CLIC, which has the potential at last to create a central uniform hub of information that can be used to inform wider policy. What progress has been made on implementing the H-CLIC software and putting in place the necessary staff training programmes?

I suggest four ideas to the Minister for the Government’s consideration. The first is a duty on local authorities to provide an active offer of advocacy support. The second is the right to an independent advocate, enshrined in law, for all children and young people receiving or seeking care or support from the state, including those leaving care to adoption. Thirdly, there should be a requirement for local authorities to ensure provision of independent advocacy support and its active promotion to any child approaching local authority children’s or housing services. Fourthly, there should be a requirement to collate data on children presenting as homeless, including how many receive support under Section 17 of the Children Act 1989, how many receive support under Section 20 and how many were refused support.

Data is king; without it one is flying blind. It is difficult to identify trends, good or bad, in a timely fashion without it. It is essential in helping to identify best practices, and without reliable data it is impossible to establish appropriate key performance indicators, which create an easily intelligible shorthand to understand and analyse the extent to which we are succeeding in our legal and moral duty to help these children and young people.