Children and Social Work Bill [HL]

Baroness Tyler of Enfield Excerpts

Tuesday 14th June 2016 Lords Chamber

[Baroness Tyler of Enfield (LD)]

My Lords, I start by warmly welcoming the main focus in the Bill, which marks an important further step towards developing a more holistic approach to improving the lives of children in care and care leavers. I also draw attention to my declared interest as chair of Cafcass. I will talk primarily about the mental health of children in care and care leavers and then touch on one or two other issues.

The question of how successfully we meet the needs of children in care depends on our own ambition. One of the corporate parenting principles outlined in the Bill is that local authorities should,

“promote high aspirations, and … secure the best outcomes”,

for children in care. However, the aspirations of children and young people in care will increase only when we set ourselves a higher ambition for our own standards of corporate parenting. The care system should of course ensure that children are kept safe, but it also needs to provide a loving, secure and stable environment, where children and young people thrive both physically and mentally. To achieve these aspirations, emotional well-being needs to be supported throughout a child’s time in care. To me, the bedrock of promoting the emotional health and well-being of children in care is the introduction of an improved system of mental health assessments for children entering care and throughout their time in care.

The Bill provides the obvious vehicle for this; not to do it would be such a missed opportunity. Current statutory guidance states that children must receive a physical health assessment when entering care, whereas it is recommended that their emotional well-being should be evaluated through a strengths and difficulties questionnaire. Frankly, this is not sufficient or good enough; we need to be aiming higher. Children entering care often exhibit challenging behaviour resulting from their previous experiences—most often, neglect and abuse. Indeed some 45% of children entering care have a diagnosable mental health condition and some 60% are estimated to have emotional or mental health problems of some kind. But the questionnaires I mentioned earlier are completed by foster carers, who may have—it is not their fault—little or no training in mental health. These assessments should be conducted by professionals with specialist knowledge about the therapeutic needs of children in the care system.

Once the needs of a child entering care have been identified, it is also essential that they are offered the appropriate support to enable recovery. A recent survey conducted by the NSPCC highlighted that almost 80% of professionals think that accessing support for children with a diagnosable mental health condition has become harder in the past five years. The NSPCC’s recent analysis of local transformation plans to support the implementation of the Future in Mind report recommendations, in relation specifically to children in care, is not particularly encouraging.

We badly need to develop a holistic approach towards the mental health and well-being of children in care. It is not rocket science; it just needs to be given a far higher priority. A statutory entitlement to a mental health assessment would provide the necessary catalyst to action.

I turn now to corporate parenting. Parents will always ensure that they seek the best for their children and the state should be no different. I agree that placing a duty on all parts of local government to act in the best interests of children and young people, both in and leaving care, is a welcome development. But that does not go far enough. For the reasons I have already set out, I believe firmly that the corporate parenting principles should also apply to health commissioners, including clinical commissioning groups and NHS England. The recent report of the Education Select Committee in the other place highlighted the fact that mental health services tend to be reluctant to assess or treat young people until they are believed to be stable in their placement, as well as highlighting difficulties with GP registration.

I support the call for all CCGs to appoint a lead local clinician to support the mental health of children in care and care leavers, building on the existing designated doctor role. I would like to see the corporate parenting responsibility principles apply at national level to government departments as well, including the introduction of a general duty on the Secretary of State to promote the emotional health and well-being of children in care and care leavers, similar to the overarching duties in relation to physical health and education. I look forward very much to debating these points during the passage of the Bill.

I turn briefly to adoption. The Bill underlines the Government’s determination to drive longer term decision-making through the court system. In my view, the recent decline in the number of children adopted from care will be tackled only through closer working and greater understanding between social workers and the judiciary, and a clear understanding that adoption is not the right solution for every child. Each child is unique and we should never adopt a “one size fits all” mindset in this area.

When talking to young people in the care system, despite all the problems they have experienced, I am often struck by how many of them have had a positive experience of the care system. Research shows that the love and support of foster families or kinship carers can help children in their educational outcomes and emotional well-being. I am not in any way complacent about the problems we are trying to tackle here. But the strong current policy focus on adoption should not distract us from the importance of other types of long-term and short-term care for vulnerable children. I would like to see the same focus on investing in families, to promote safer and better parenting, as there is, rightly, on supporting foster carers and adopters.

Finally, I admit to being a tad underwhelmed by the way in which the family test has been applied, as set out in the impact assessment. In the somewhat scant section on the impact on family relationships of the clauses relating to adoption and permanency, there is a fleeting reference to the relationship that a child may have built with a prospective adopter but nothing about children’s wishes and feelings about relationships they value or may want to preserve, such as sibling relationships.

Moving on, despite the very good measures in the Bill aimed at care leavers, which other noble Lords have already referred to, I am concerned about the lack of emphasis on ensuring that care leavers do not face poverty, debt and financial exclusion. Here, I should perhaps remind the House that I have just had the privilege of becoming the chair of the Lords Select Committee on Financial Exclusion. In my early research into this arena, it was drawn to my attention by the Children’s Society and other charities that many care leavers are reliant on financial support from the benefits system for their living costs, that, compared with the general working population, care leavers are three times more likely to have had a benefit sanction applied to them, and that council tax debt can have a particularly damaging effect on them due to the rapid escalation of enforcement methods used by local authorities.

On that last point, it seems a nonsense for local authorities to give with one hand and take back with the other, sometimes with no join-up between different council departments. So I was very interested to see that, despite austerity, some far-sighted local authorities have introduced an exemption from council tax for care leavers until the age of 25, including those placed out of borough. There is a lot that the Bill could do to promote the financial inclusion of care leavers and I hope that there will be an opportunity to consider these issues during the passage of the Bill.

I had proposed to say a few words on innovation and Clause 15 but my noble friend Lady Pinnock expressed very powerfully what I wanted to say. Therefore, I find that there is no need to repeat those points and shall confine myself to one matter. I strongly hope that any proposed exemptions from existing requirements under social care legislation granted under Clause 15 will be subject to proper parliamentary scrutiny, specifically through the affirmative resolution procedure.

I conclude by saying something about the overall tone of our deliberations. Our debate so far—there is of course much more to come—has, quite rightly, focused on improving the lives of some of the most disadvantaged and vulnerable children in society. Surely this is a cause around which we can all rally. However, I want to make a plea for our debate also to recognise the incredibly tough job that social workers do, making professional judgments in highly contested and contentious areas of family life that, frankly, most people would run a mile from. Too often they are damned if they do and damned if they don’t.

The stereotypical and often very negative portrayal of social workers in the press is far from the reality that I encounter in my daily work. I feel that we in this House have a duty to ensure that their value to society is recognised—indeed, the Minister made that point in his opening remarks—and that their professional standing is enhanced. Of course improvements must be made, but this must be done with a clear understanding of the overall context, which other noble Lords have already referred to. It is one of rising demand leading to ever-larger case loads, of falling resources and high turnover, and a workforce who can often feel beleaguered. We ask social workers to do one of the toughest jobs there is; it is incumbent upon us to give them the support and backing they need. The lives of some of the most vulnerable children in our country depend on it.

Queen’s Speech

Baroness Tyler of Enfield Excerpts

Thursday 19th May 2016 Lords Chamber

[Baroness Tyler of Enfield (LD)]

My Lords, I welcome the focus in the gracious Speech on life chances and help for the most disadvantaged. My focus today is on some of the key components of an all-encompassing life chances strategy and on mental health. As the noble Baroness, Lady Massey, has said, we had a very good debate on life chances in this Chamber only last week, and I look forward to the Government’s forthcoming life chances strategy and the associated indicators that will be developed to assess its progress. It will be important that those indicators are broadly drawn, a point on which this House has much expertise to offer. A key point emerging in our debate was that any life chances strategy worth its name must look at all life stages, but starting of course with investment in young people through measures such as high-quality early-years education and the pupil premium to ensure every child has a fair chance in life. In addition, we need to support strong family relationships, which are the bedrock of nurturing the next generation. So I will be looking closely for evidence that investment in relationship and parenting support is a key component of the life chances strategy.

We must never overlook the life chances of the majority of young people—some 53%—who do not pursue the traditional academic route of A-levels and higher education but pursue vocational routes instead. Too often they have received scant attention from Ministers and policymakers, so I join the noble Earl, Lord Kinnoull, the noble Baroness, Lady Massey, and my noble friend Lady Sharp in eagerly awaiting the Government’s response to the Lords Select Committee on Social Mobility’s report on improving the transition from school to work. It was a great honour to serve on that committee, and I very much hope that the forthcoming education for all Bill will focus on the need for coherent, properly resourced, easy to navigate and high-quality vocational routes. As well as looking at fair funding for schools, I hope the Bill will address the substantial inequalities in funding between schools and FE colleges for 16 to 18 year-olds. While I am not holding my breath, perhaps the Minister will surprise and delight me in her response.

So, yes, we must ensure that every child has the best possible start in life, but that is not the whole story. A comprehensive life chances strategy must also ensure that co-ordinated support is available to help people of all ages address the barriers that are preventing them getting on in life. It is well known that many of the problems that people face today, including homelessness, substance misuse, mental ill-health and contact with the criminal justice system, stem from trauma and abuse in childhood, long-term poverty and the repeated failure of state interventions. A staggering 40% of people with severe multiple needs ran away as children, 24% have experienced abuse and 18% were in the care system. That is why I welcome proposals set out in the Children and Social Work Bill to strengthen the support that local authorities, as the corporate parent, offer to children in care and care leavers up to 25, and to improve standards across the social work profession. We must also use this opportunity to make sure that children’s mental health is properly assessed on entry into care and throughout their time in the care system and, critically, that that assessment leads to appropriate and timely support so that children and young people do not have to reach crisis point before help is at hand. As the noble Earl, Lord Listowel, argued so compellingly, this assessment cannot just be the current paper-based method of assessing a child’s mental health. I strongly agree with the recommendation of the Education Select Committee that all children have a specialist mental health assessment. Charities such as the NSPCC have been calling for improvements to the therapeutic support received by children who have experienced abuse and neglect to help them rebuild their lives. Given their early traumatic experiences, it is hardly surprising that children in care are significantly more prone to mental ill health.

Another group crying out for better mental health support are young carers, given the distress too many of them are experiencing in looking after their loved ones. As a starting point, the Government must meet their duties to support young carers under the Children and Families Act 2014 and the Care Act 2014. Given the concerns that have been expressed in this area, a review of the impact and resourcing of these Acts is urgently needed. Mental health services must be able to identify young carers, give them the right information and provide them with support and increased access to mental health services. Schools have a very important role to play here, and am I very glad that the noble Lord, Lord Nash, is in his place to hear me say this. I strongly support the proposal for schools to act as hubs for mental health support, working in collaboration with CAMHS and the voluntary sector. When the Government’s carers strategy is published later in the year, it is essential that young carers’ mental health needs be centre stage.

Turning now to adults, my experiences as chair of the Making Every Adult Matter coalition of charities—I refer to my declared interests in the register—convince me that we must find more effective ways of supporting adults already in crisis. Too often these individuals receive a poorly co-ordinated and ineffective response from local services, resulting in poor outcomes and significant cost to the public purse.

During the recent life chances debate, I called on the Government to develop a national cross-departmental strategy to support and incentivise local areas to develop better responses for adults experiencing multiple and complex needs, or who are at significant risk of doing so. That should be an integral part of a life chances strategy, and it is a really important opportunity to say more about how entrenched and interconnected social problems can be tackled and, importantly, lives transformed. I again urge the Government to do this, and ask the Minister if she will respond on this point in winding up.

To illustrate how joined-up these problems are, the Royal College of Psychiatrists has estimated that up to 90% of prisoners experience a mental health issue. I therefore welcome the focus in the prison and court reform Bill on education, healthcare and the provision of better mental healthcare for prisoners. However, it is no exaggeration to say that mental health for all age groups and all sections of society has become one of the defining challenges of our age. Missing from the gracious Speech was a strong commitment to mental health across the piece.

I was disappointed not to see an equality for mental health Bill to deliver genuine parity of esteem between mental and physical health. There is so much to do to deliver on the commitments the Government have already made in response to the Future in Mind report on children and young people’s mental health, the Crisp report on acute psychiatric care for adults and the recent Mental Health Task Force report. The real concern here is that despite all the fine words and good intentions, which I strongly support, the money promised is not getting through to the front line where it is most needed or translating into new mental health practitioners, and that the amounts of money allocated, welcome though they are, are simply inadequate for dealing simultaneously with both historic underfunding on a grand scale and the new initiatives that have been announced, not least in relation to waiting times and access standards.

The recent report from the Mental Health Finance Faculty and NHS Providers has highlighted that parity of esteem is nowhere near being achieved consistently at local level. It makes for sobering reading. In short, commissioners and providers do not share the same understanding of parity of esteem. All CCGs signed up to the principle of parity of esteem, and underline that they have increased their real-terms investment in mental health services. In practice, though, only half the services reported that they had received it, hence the need for an equality of mental health Bill.

Childcare Bill [HL]

Baroness Tyler of Enfield Excerpts

Tuesday 2nd February 2016 Lords Chamber

We do not want to delay the Bill by wrangling over this issue and we seem to have quite a lot of agreement. However, we want to be confident that the understanding with which we are going forward is a real one that will embrace the concepts in the noble Baroness’s amendment and is not just something very general around “flexibility”. As I say, that word could mean 101 things to people. I look forward to the Minister’s response.

[Baroness Tyler of Enfield (LD)]

My Lords, briefly, I support Amendment 4A. I reiterate my strong support for the principle behind the Bill: to help parents, particularly mothers, to enter and stay in the workforce by ensuring that their children have access to high-quality and affordable childcare.

My key concern today, which is something that we have pressed throughout the passage of the Bill, is that the extended free childcare should be available to everyone who needs it including those who work atypical hours. As we have heard, those might be early in the morning, late in the evening, at weekends and during the school holidays. The question that I ask myself is: does this Bill help low-income families and single parents—usually mothers—to enter and stay in the workforce? To be able to answer that with a resounding yes, we must be confident that the free childcare will be available on a flexible basis which matches the working patterns of all parents. I am thinking particularly of those people struggling at the very bottom of the income scale, who are generally in no position to negotiate their working patterns in the way that, thankfully, many parents working in professional and managerial positions or those in more stable jobs can.

We know from all sorts of surveys that there is much demand for flexible childcare outside of standard hours. We also know that the supply of it is currently very scant. The only figure which I will quote is from the Family and Childcare Trust’s annual childcare costs survey of last year. It found that only 14% of local authorities in England said that they had sufficient childcare for parents working atypical hours.

I know that the Minister understands this issue very well and I welcome the plans that he outlined earlier in this debate to ensure that low-income families needing flexible childcare will actually be able to find it at hours that suit their needs. It will be vital that the strong focus on flexibility of hours is reflected in the pilots and the regulations, and the Minister has made clear that it will be. I am pleased about that, but would press him to go a little further. He talked about transparency and the monitoring arrangements, all of which I welcome, but at what point will he decide to review whether those things have worked and whether the approach he has set out has delivered the intended results?

[Lord Nash]

My Lords, I thank all noble Lords who have participated in this debate for their contributions. I particularly thank the noble Baroness, Lady Jones, who has provided scrupulous challenge from the other side of the House throughout the passage of the Bill. She has seen the Bill through to the end of its passage, even though she has changed her responsibilities during that time. I also welcome the meetings and sessions we have held outside the Chamber, particularly on the funding review, which I hope noble Lords found useful.

I also pass on my thanks to the noble Lord, Lord Touhig, and the noble Baronesses, Lady Pinnock and Lady Tyler, who have provided a constant source of challenge to this policy, as they have today, always with the best of intentions. I pay special thanks to the noble Lord, Lord Sutherland, who provided support throughout the passage of the Bill, ensuring the relevant Peers were involved in the crucial steps we took to guarantee the Bill is the best that it can be to deliver this well-intentioned policy to support working parents. I look forward to continuing to work with him and other noble Lords as we produce regulations to make this policy a reality, and I welcome the important scrutiny I know they will provide.

Although we have not had an extensive discussion today on the quality of the entitlement and the workforce, I am thankful for the discussions I have had on these throughout the passage of the Bill, particularly with the noble Earl, Lord Listowel, and the noble Baroness, Lady Howarth. The Parliamentary Under-Secretary of State for Education and Childcare and I also thank all the officials in the Department for Education who have supported the passage of the Bill. Our particular thanks go to the excellent Bill managers who have so ably supported the Bill through both Houses: first Jenny Preece, then Katy Weeks.

The noble Baroness, Lady Jones, asked me to be a little clearer about what I meant by flexibility. She is always very suspicious and I am sure she thought that I was trying to use some mealy-mouthed words in that definition—I had hoped she would know me better by now. It covers all the things that she mentioned and others. It will of course depend on the particular needs in the area but it is meant in the widest sense: we are not trying any fastballs here. We believe that the funding we have come up with will be sufficient, including in terms of flexibility, but I note the quite technical points that she makes about the workings of this in relation to flexibility, as well as those made by the noble Baroness, Lady Tyler. I would be very happy to host a meeting when we have had feedback from the early implementers, particularly on this point, and to have further discussion about this. The points they raise are very important to making sure that this does actually work in practice.

As for the points made by the noble Baronesses, Lady Pinnock and Lady Tyler, the summary given by the noble Baroness, Lady Pinnock, was spot-on—it is delightful to see that the art of precis is still alive and well. As I have said, noble Lords will be involved in drafting the regulations in this regard. As to the money, £30 million has been announced for the eight areas mentioned to deliver the 30 hours of free childcare to 5,000 children from September 2016. Four of these, as I said, will focus on flexibility. In addition, we have announced £4 million to support an additional 25 local authorities in testing innovative approaches to flexibility. We agree and understand that balancing capacity and flexibility is complicated, which is why the Government have announced these issues today. I hope that the noble Baroness does not have to think very long and hard whether what I have said today and the assurances that have been given will enable her to withdraw her amendment to the Motion.

Childcare Bill [HL]

Baroness Tyler of Enfield Excerpts

Wednesday 14th October 2015 Lords Chamber

[Lord Sutherland of Houndwood]

My Lords, I very much support the spirit of Amendment 20A. This is one of the key points that the Bill seeks to address. However—continuing in my pessimistic mode, I fear—I think this is one of the hard choices that may have to be made. I can see how large providers might well be able to do this and how in large centres of population this kind of provision will be possible. But asking small providers to continue provision outside their normal hours may well stop them operating completely. This is a matter of hard choices and I would be much happier with the amendment if it said something like, “Regulations should take account of the need to” rather than “ensure” because I do not think that regulations can ensure this.

Very quickly, I would be unhappy to do what Amendment 2 suggests because I fear that if you take the Secretary of State out of the line of full responsibility, the danger is that the responsibility lands on the local authorities and, as we have seen in other areas—and I have a lot of interest in the provision of care for the elderly—the local authority would have the responsibility but not the funding.

[Baroness Tyler of Enfield (LD)]

My Lords, my name is also attached to Amendment 20A. I feel strongly about this issue because a few years ago I chaired a policy working group about how families could balance their working lives with their family commitments. In looking at childcare issues, the three As—availability, accessibility and affordability—were thought to be extremely important, and we are hearing a lot about them today. But something else was felt to be equally important by the people we talked to: flexibility.

I was very taken by some recent research produced by Citizens Advice about the experience of parents in the childcare market, which really highlighted how those children who need childcare at non-typical hours were found to be at a far greater disadvantage, and parents spoke of their “intense difficulty” in finding childcare that worked for them. They often did flexible working hours or shift work, were in low-paid employment and were dependent on public transport. Their experience suggested that it was close to impossible to find childcare before 7 am and after 7 pm on workdays, or at any times at weekends; for some, even finding care outside 9 am to 4 pm was difficult. Childminders were seen as just as inflexible as nurseries. That is why I think it is very important to say something about this in the Bill.

I would just like to respond to the very important point that the noble Lord, Lord Sutherland, has just made because I think it really would be a problem if this applied to every provider, as he said. Clearly, some small providers would not be in a position to do that but if you look at the wording of the amendment, it talks about having that flexibility,

“within the local authority area”,

not in relation to every single provider. That is an important point to stress.

[Lord Nash]

My Lords, I will concentrate first on the delivery model for the 30 hours of free childcare. The Government are in full agreement with the spirit of Amendment 2 in the names of the noble Lord, Lord Touhig, and the noble Baroness, Lady Jones. We agree that local authorities are best placed to ensure that working parents are able to access 30 hours of childcare free of charge. They have a proven track record in delivering the existing entitlement to 15 hours of free early education, which has a take-up rate of 96% and is well understood by parents and childcare providers. We therefore do not fundamentally want to move away from that approach.

Government Amendment 18 proposes to insert a new clause into the Bill which will provide for the Secretary of State to be able to discharge her duty through local authorities. As the policy statement published on 2 October set out, delivering the extended entitlement through local authorities is the Government’s preferred approach and we intend to exercise the Secretary of State’s power to make regulations to that effect following Royal Assent. Indeed, the Delegated Powers Committee states in its report that it welcomes,

“the Government’s efforts to respond to earlier criticisms”,

and goes on specifically to say that it is now clear that functions in the Bill will be conferred on local authorities. I am pleased to confirm that, further to amendments I will move later this evening, the first set of regulations imposing requirements on local authorities—and all regulations made under the new clause—will be subject to debate before both Houses. At the appropriate time, we will, of course, provide statutory guidance for local authorities on what is expected of them. This guidance will be subject to a public consultation next year.

Of course, Amendment 2, in the name of the noble Baroness, Lady Jones, and the noble Lord, Lord Touhig, is cast slightly differently from the Government’s amendment and would remove the duty on the Secretary of State altogether. The Government do not wish to remove this duty from the Bill, even with very clear intentions that it will be discharged through English local authorities. That is for a very good reason: the manifesto commitment to provide three and four year-olds of working parents with 30 hours of free childcare is a significant one and a priority for this Government to deliver. We know that childcare is the issue for parents, and that it inhibits many from going back to work, or from working more, when they would otherwise choose to do so. For that reason, the Government believe that it is right for the Secretary of State to be named in the Bill because parents will, ultimately, hold her to account for delivery of the entitlement. I am grateful to the noble Lord, Lord Sutherland, for his remarks in this regard.

I can assure noble Lords that the Government are committed to working with local authorities as we develop the delivery programme; now, through the early implementer stage from September 2016, and beyond that into full rollout of the system from September 2017. In answer to the noble Lord, Lord Touhig, I can confirm that we will carry out a full new burdens assessment to ensure that any net additional costs to local government are fully funded. Our officials have met the Local Government Association to discuss this and I thank it for its positive engagement.

The positive intention behind the amendments we have brought forward today does not end there. They are also aimed at providing greater clarity about a range of other matters that were of interest to noble Lords during previous debates on the Bill and removing provisions which were causing noble Lords some concern. First, I am pleased to be able to confirm that government Amendment 12 removes some of the provisions which were of particular concern to noble Lords, for example the wide power to impose obligations on any public body or to reproduce any provision of the Childcare Payments Act. Amendment 18 would replace powers which have been criticised as being too wide in their scope with a more targeted set of powers. In particular, we have taken powers which will enable us to create gateways for government departments and local authorities to be able to share information they hold for the purposes of checking a child’s eligibility for the extended entitlement. Information-sharing gateways will, of course, need to be subject to appropriate safeguards and that is why we are clear that unauthorised, onward disclosure of information obtained through those gateways ought to be subject to a criminal offence, a matter which I will speak to shortly as I know it is of great concern to the House.

Of course, successful delivery of the extended entitlement is not merely about ensuring that children who qualify can be correctly identified. It also means putting in place robust mechanisms to ensure that parents and providers can have confidence in the eligibility-checking system. We recognise that there may be occasions on which parents are not satisfied with a decision made in connection with a child’s eligibility. In these cases, it is right that parents are able to challenge that decision and that is why the Government’s proposed new clause enables them to make regulations providing for a right of review in relation to a determination of eligibility with an onward right of appeal to the First-Tier Tribunal.

I turn to the amendments tabled by the noble Baroness, Lady Jones, and the noble Lord, Lord Touhig, relating to criminal offences. I hope noble Lords will be reassured that government Amendment 18 seeks to draw a clear line between conduct that will amount to a criminal offence and that which will attract a civil penalty. The new clause has significantly narrowed the power for the Secretary of State to create criminal offences and I am pleased to be able to reassure noble Lords that there will only be one new criminal offence in connection with the extended entitlement and that this will align with existing offences for schemes involving information sharing. This reflects the Government’s position that criminal offences should not be created lightly and should be used proportionately. It is also intended to make clear the Government’s intention to ensure that personal information, which will also often be sensitive, is not disclosed to those who have no right to see it.

In relation to the level of sanction for the offence, the term of two years that we propose aligns with that provided for in Section 13B of the Childcare Act 2006. Moreover, it is important to remember that this is not a fixed penalty but a statutory maximum and that ultimately the sanction in any particular case will be a matter for the courts. I reassure the noble Lord, Lord Touhig, that we have no intention of criminalising parents. The Bill creates a criminal offence only where sensitive information is disclosed without authorisation, which is designed to protect parents and their information. Although we have sought to narrow the scope of offences, the Government are clear that there should be the possibility of financial penalties on those who provide false or misleading information, make false or misleading statements or otherwise act dishonestly in applying for the extended entitlement. The maximum amount of any penalty will be £3,000. Again, it is only a maximum and there remains discretion to impose a much lesser penalty, depending on the circumstances. Any proposal to amend the maximum level of the penalty would need to be by affirmative resolution and so subject to debate by this House. I hope that noble Lords will agree that that is a more proportionate approach to tackling any dishonesty on the part of parents or providers seeking to benefit from the extended entitlement than the imposition of criminal sanctions.

I shall now speak briefly to Amendment 20A, tabled by the noble Baronesses, Lady Pinnock and Lady Tyler, which is aimed at ensuring that sufficient flexible childcare is available for working parents. As my noble friend Lady Evans acknowledged in Committee, it is important that the extended entitlement is made available at times which provide sufficient flexibility to parents working outside the hours of 9 to 5 and during holiday periods. I once again reassure noble Lords that we want to build on the flexibility that is already in the system to accommodate out-of-hours childcare and holiday periods. We will set out in in statutory guidance provisions about flexibility which local authorities should consider, as well as work that local authorities can do to enable parents to take the entitlement in a pattern of hours that best meets their needs. This will build on what we say in the statutory guidance for the existing entitlement, and we will ensure that the early implementation pilots focus on the issue of flexibility.

We also want local authorities to work with all forms of providers in their areas, including schools, to ensure that, as far as possible, there is sufficient childcare in their areas which responds to parental demand, including out of hours and during the holidays. Given that many early-years childcare providers open throughout the year, provision during holiday periods is less of an issue for parents of children who have not yet reached compulsory school age, but we acknowledge that more could be done to support parents with school-age children to access wraparound care. That is why we recently announced two new measures which will enable childcare providers to open school sites outside school hours and give parents the right to request childcare. Schools will receive clear guidance on the circumstances under which we will expect them to allow a provider to use their site, and we will also make clear how schools should consider and respond to proposals. These new powers will help with the availability of childcare and demonstrate that the Government are on the side of working families.

In conclusion, I believe that the Government’s proposed new clause in Amendment 18 achieves our shared aim of delivering the entitlement through local authorities. Similarly, Amendments 12, 17 and 18 further address noble Lords’ concerns in Committee about the scope of the powers set out in the Bill. The powers are now more clearly defined and, I hope, offer greater clarity as to how the Government intend to ensure that all eligible children receive the childcare to which they will be entitled.

I hope that noble Lords will feel able to support the Government’s amendments, recognising that we have listened to and taken on board their previous concerns. I also hope that they are reassured that the Government are absolutely committed to ensuring that parents have access to childcare in ways and at times which meet their needs. I therefore urge the noble Lord, Lord Touhig, and the noble Baronesses, Lady Jones, Lady Pinnock and Lady Tyler, not to press their amendments.

--- Later in debate ---

[Baroness Massey of Darwen (Lab)]

My Lords, I rise to speak to Amendment 11, which is part of this important group of amendments relating to the quality of childcare.

In Committee, I tabled an amendment which proposed that in all dealings with children, the welfare of the child should be paramount, in accordance with the United Nations Convention on the Rights of the Child. The Minister mentioned “paramount” earlier today. I do not recall the term coming up in any previous government document or discussions, but I stand to be corrected.

The amendment I am discussing is based on ensuring quality childcare, which means having good staff-to-child ratios, staff who are trained in childcare at level 3 or above, or who are in training for that, and a member of staff qualified to care for children with SEN or a disability. Funding, of course, affects all this and I share my noble friends’ concerns about funding expressed earlier.

I know that some of my dear friends round the Chamber are concerned about the qualifications issue. I am not knocking their comment that you do not necessarily need to have high-level qualifications to undertake childcare. However, I am not talking about having a PhD in physics; I am talking about people aspiring to better their childcare qualifications, thereby improving their ability to deal with child development. That is all I am saying.

The third point of the terms of reference for the Department for Education’s review of the cost of providing childcare in England does indeed speak of sufficient quality of childcare. The fifth point refers to,

“the need to secure value for money for the taxpayer, and for the entitlement to be affordable to the public purse”.

In my view, the quality of care for children far outweighs value for money for the taxpayer. I understand accountability but I maintain that the first duty of childcare is quality for the child. Without that quality, all efforts to provide childcare are useless. Quality also impinges on parents going to work. Quality impinges on social mobility. No parent is going to place a child into poor-quality early years care or education. Indeed, surveys show that the top two requirements for parents are, first, location and, second, quality.

I note that many organisations share my concern. The National Association of Head Teachers states that the failure to address funding—the important issue raised earlier today—will compromise quality and that early years education, not just childcare, is essential in order to have an impact on child development. The Local Government Association talks of the danger of an underfunded system. The National Day Nurseries Association in its excellent analysis of this Bill is concerned about the threat of low pay and about recruitment and retention of staff. It suggests looking over the long term in a cross-departmental way at childcare funding and the development of a workforce strategy to improve quality. I agree.

The Special Educational Consortium has pointed out that 60% of parents with disabled children do not believe that childcare providers can cater for their child’s disability. It proposes that the Childcare Bill be amended to require the largest childcare centres to have an early years special educational needs co-ordinator. The Association for Professional Development in Early Years states that in relation to sufficient provision, quality of staff and the development of the health care and education plan is vital.

The importance of staffing could not be clearer. Skill and confidence in caring for and educating children with special needs are vital for the confidence of parents and the well-being of the child. In small settings, area special educational needs co-ordinators could be in place to advise parents and plan for health and education needs.

I hope that the Government will respond sympathetically to this group of amendments and ensure that quality of childcare is reflected in all their deliberations.

[Baroness Tyler of Enfield (LD)]

I speak to Amendment 23 standing in my name. In so doing I give my broad support to Amendment 11 in the name of the noble Baroness, Lady Massey, that covers similar ground. The policy statement on this Bill that we recently received stated that the workforce is the key driver of high-quality childcare. I agree—we probably all agree with that. I welcome the Government’s commitment to exploring career progression routes in 2016 and look forward to hearing more about these plans from the Minister. However, more needs to be done to support new entrants to the sector. This is the primary purpose of my amendment on minimum workforce qualifications.

The Affordable Childcare Committee felt that it was crucial to increase the proportion of staff qualified at a higher level in the private, voluntary and independent sector in order to drive up overall quality and improve outcomes for children. Setting a minimum qualification level for working with young children at level 3 was suggested by Professor Nutbrown during her review of early education and childcare. This would help to level the playing field and to ensure that where children grow up and live has much less of an impact on the quality of care and education that they receive than, sadly, is sometimes the case at the moment. It is telling that new evidence from Ofsted has identified that settings that have at least 75% of their practitioners qualified to level 3 achieve better inspection results. Indeed, the Nuffield Foundation recently reported on a strong relationship between the level of staff qualifications, the quality of provision, as judged by Ofsted and, most importantly of all, outcomes for young children.

The second part of my amendment is around disabled children. There is overwhelming evidence that parents of those children are struggling to access their current entitlement to childcare. Indeed, in 2014, the Department for Education found that only 40% of parent carers believe that the childcare providers in their area can cater for their child’s disability. Last year, the parliamentary inquiry into childcare for disabled children concluded that lack of staff skill and confidence was often the reason for parents,

“being subtly discouraged or simply turned away by a provider”.

Childcare Bill [HL]

Baroness Tyler of Enfield Excerpts

Wednesday 1st July 2015 Lords Chamber

[Baroness Tyler of Enfield (LD)]

My Lords, I shall speak to Amendment 16 in my name and that of my noble friend Lady Pinnock. In doing so, I very strongly support Amendment 12, which has just been moved so ably by the noble Baroness, Lady Jones. Indeed, much of what I wanted to say has already been said, so I will be brief.

We know there is much evidence that existing childcare is simply not working well enough for disabled children and those with special educational needs. That is the nub of my amendment. It will place a requirement on the Secretary of State to ensure that childcare providers are suitably qualified and trained to deliver high-quality care to disabled children and children with special educational needs, that childcare providers have suitable facilities to do this task and, very importantly, that they have access to additional funding to meet the needs of all these children.

I warmly welcomed, as, I am sure, did many others in this House, the commitment by the noble Lord, Lord Nash, to equality in this area and his statement at Second Reading that,

“parents with disabled children must have the same opportunities as other parents to access the entitlement”.—[Official Report, 16/6/15; col. 1127.]

However, there is overwhelming evidence—we have heard it this evening—that parents with disabled children are struggling to access their current entitlement to childcare.

A salient point here is that the current funding system does not take account of the additional costs of supporting disabled children. I know that some local authorities provide top-up funding, which is of course welcome, but it leaves us with a very patchy and inconsistent pattern of provision. I recognise fully that my amendment would have costs attached to it at a time when money is tight. However, the social, economic and, above all, moral case for finding the money to ensure that local authorities can fund all childcare providers to offer suitable places to disabled children is very strong. We are in a difficult situation, as has been said. I hope this is one area the funding review will look at, but until we have that funding review it is hard to say whether more money will go into this area. I very much hope that it is something that we can return to when we have the funding review.

We also know—we have heard plenty of evidence of it today—that the workforce is not suitably qualified and trained at the moment to deliver high-quality care to disabled children. It is something that Cathy Nutbrown touched on in her review. Again, I know that the Government have taken welcome steps to develop a range of tools to support professional development, but there is much still to do. We have heard a lot today—and I welcome some of what the Minister said in response to my earlier amendment—about the Government’s plans for a workforce improvement strategy, but I finish by asking for an assurance that this work on improving the workforce will include the critical area of ensuring that all early years providers have had the training they need to ensure that they can offer high-quality care to disabled children.

[Baroness Howarth of Breckland]

My Lords, I spoke at length about disabled children at Second Reading and I will not repeat what I said then, so I will just make two points in support of the amendments, particularly that in the name of the noble Baroness, Lady Jones. Her amendment makes two points that take me back to our debates on the Children and Families Act 2014, when we looked at how children with disabilities and special educational needs could be properly assessed and then slotted into services that would meet their needs and give them an opportunity in the future. The first point concerns whether local authorities have sufficient facilities to provide childcare for disabled children. Then there is an assessment of the existing barriers that limit access to childcare for disabled children. I am extremely grateful to the Minister for arranging for me to bring some members of TRACKS autism to meet him and talk about some of the barriers that are in place at the moment. I raise this point so that, should I not be able to move it forward, I can at least speak on Report.

There is a lack of providers and able staff, but even when you have both those things, there seems to be a barrier in some local authorities to enabling the families to have placements. That is even where parents have jobs and want to work, and are working to pay fees so that their children can get the experience that will take them forward in their learning so that they move on to further education, often in specialist facilities, but at least with the basic communication skills that are given at that early nursery stage. I am grateful to the Minister for his interest and hope we can take this forward so that some of those issues can be resolved. In particular, in any reviews that go forward, the questions the noble Baroness raised are extremely important.

Childcare Bill [HL]

Baroness Tyler of Enfield Excerpts

Wednesday 1st July 2015 Lords Chamber

[The Earl of Listowel]

My Lords, Amendment 4 in this group would insert “high-quality” into Clause 1(1). Amendment 6, which we will come to later, similarly inserts those words into this subsection. It also asks the Secretary of State to produce a strategy for developing high-quality care within six months of the Bill coming into force and lays out that the strategy should include,

“a target for the number of graduates in the early years workforce”—

I am not sure whether it is a particularly helpful target so I will not discuss it—

“a target for the proportion of managers of early years settings who are graduates, and … a plan for increasing the number of nursery schools to a specified level”.

The reason I tabled this amendment is, in part, the same reason that I gave earlier: what happens at the very beginning of our lives affects our adulthood to a huge degree. This is something of which we are becoming more and more aware. The intimacy that we experience in childhood is very much what allows us to have intimacy as adults. If that experience of intimacy as a child causes fear and disquiet, then, as an adult, we may find it difficult to be intimate with others, which has a huge impact.

Quality is really important. I was grateful for the opportunity to speak to the Childcare Minister and to hear, for instance, that he is looking at sharing early years practitioners with schools, perhaps in reception. I hope that a strategy will look at these innovative ideas so that perhaps it would become normal for early years practitioners to move into primary school education and for primary school practitioners to move the other way. It would greatly enrich learning in primary schools; a really good understanding of child development—which can be developed in particular by working with and observing infants—could be really helpful for primary school teachers. Anna Freud said so to a group of teachers back in the 1930s or 1940s. As a teacher, your job—or an important part of it—is to understand child development, recognise when the child has strayed from the normal course of child development and know how to bring that child back on to their proper developmental course.

That notion is important. We might also look at a strategy of co-training—something that I know has been discussed in the past—whereby early years professionals train with health visitors, mental health nurses, social workers and family support workers to strengthen their understanding of, and develop a respect for, what others do so that they can work more effectively. It is a multi-agency way of getting the best outcomes for children.

The noble Lord, Lord Storey, alluded to concerns about the number of graduates leading early years provision and the evidence that we are unlikely to get the outcomes that we want if graduates—I think they have to be the right kind of graduates—are not leading settings. I had some acquaintance with the manager of a Montessori school in London. She was an Oxbridge graduate and we had many interesting conversations about her work. I was struck by how very thoughtful she is. Clearly her children must benefit from the degree and depth of thought that she gives to her work.

I have mentioned previously one element that is really important in a nursery setting and that is the “key person”—a designated early years practitioner who is responsible for each child. In a sense, the key person is the guardian of secure attachment while the child is placed in a nursery. However, there are two difficulties with that. First, it can be quite distressing for the key person from an emotional point of view because they become quite attached to the child and the child becomes attached to them. If they move on or there is a break in the care, the child will be upset, as will the key person. So, from an emotional point of view, there is pressure on them not to really engage with and care for the child. Secondly, some parents will be jealous that their infant is forming such a close relationship with someone in the early years setting. These things have to be thought through very carefully so that the child does not grow up in a sterile, unemotional environment but in a rich, warm environment. That is why I have tabled my amendment, and I look forward to the Minister’s response.

[Baroness Tyler of Enfield (LD)]

My Lords, I shall speak to Amendment 20 in my name. However, before doing so, I want briefly to lend my support to the amendment in the name of the noble Baroness, Lady Massey. I feel that it is a very important amendment as it provides a necessary rebalancing in the Bill between the needs of the child—we heard the statement about putting the child at the heart of the Bill—and those of working parents. Both are important but we have to think very hard about how those two interests and sets of needs can be best balanced.

The amendment to Clause 1 in my name would require regulations to set out the quality standards that childcare providers must adhere to in order to deliver the 30 hours of free childcare. Essentially it is about the quality of the childcare to be provided and it is a probing amendment.

While it is encouraging that the quality of childcare is gradually improving—we heard about this at Second Reading—there are still insufficient numbers of high-quality free entitlement places for three and four year-olds and disadvantaged two year-olds, resulting still in too many children attending poor-quality settings or being unable to access provision that meets their individual needs. Some 15% of disadvantaged two year-olds are attending settings that have not been judged good or outstanding by Ofsted. We know that this position is particularly stark both for children with special educational needs and disabilities—we will come later to amendments that focus on that group of children—and for disadvantaged children. I thought that the Affordable Childcare Select Committee report—I declare an interest as a member—was particularly strong in pointing out that childcare provision in deprived areas is less likely to be good or outstanding than that in affluent areas, compounding the disadvantage that already exists.

We know that current quality standards for early education and childcare are set out in statutory guidance for local authorities. However—this is my key point—it seems to me imperative that the expansion of free childcare to 30 hours does not in any way undermine recent progress in improving the quality of the free entitlement. The early years foundation stage and a robust Ofsted inspection process have both been central to improvements in outcomes for young children in recent years. While the Government acknowledge in statutory guidance that high-quality provision has the greatest impact on children’s development—that is very welcome, particularly for the most disadvantaged children—they have not restricted the delivery of the free entitlement solely to good and outstanding providers due to a shortage of high-quality places.

It is unclear to me—hence this probing amendment—whether the Government plan to use regulations underpinning the Secretary of State’s new duty to prescribe the quality standards that childcare providers must meet in order to be able to deliver the 30 hours of free childcare. I always like to look on the bright side, so it seems to me that the Bill presents an opportunity to secure quality standards for the additional 15 hours of free childcare and, at the same time, to strengthen existing quality standards for the free entitlement for three and four year-olds.

Very much in that spirit, perhaps I may ask the Minister some questions. First, will regulations be used to place quality requirements on providers of the additional 15 hours of free childcare? Secondly, can the Minister provide assurances that all childcare settings providing the additional 15 hours will be required to be judged good or outstanding in their most recent Ofsted inspection to deliver the early years foundation stage and to have all staff holding or working towards a level 3 qualification? Thirdly, will the Government consider using the introduction of the additional 15 hours of childcare to raise the quality of the current free entitlement? Finally, can the Minister provide any assurance that the Government will develop, publish and implement—I am sure that many people in this House would be happy to help on this—a strategy for expanding on and improving the quality of the early years workforce, building further on the recommendation in Professor Nutbrown’s report and, in particular, on the recommendation that there should be graduate leadership in all settings, including, most importantly, those in disadvantaged areas?

[Lord True]

I wish to speak to an amendment that I have in this group. I follow entirely the comment of the noble Baroness, Lady Massey, about the need for things being child-centred. My noble friend was kind enough to embarrass my wife by saying that she was Montessorian of the Year, so I am obviously particularly attached to the Montessori system, which is quintessentially child-centred.

I will not repeat the remarks that I made at Second Reading but I think that, as the Select Committee said, there is a little bit of a risk of a conflict at the heart of the Bill. It is presented by my noble friend as an Education Minister but much of the rationale is that it is an employment measure. Indeed, the Minister for Employment is creating a task force that is intended to enhance the take-home pay of a two-earner household doing whatever the regulations—when we see them—will define as work. We do not know quite what that is, but we know that it is work done outside the home or work done inside the home, other than anything to do with caring for the children, as far as I can see. At the same time, we are moving from 15 to 30 hours and bringing in something that was never there before—a barrier against women who stay at home and provide that affective affinity which is so vital. Heaven knows, my mother was never a graduate—she did her bit in the war—but I do not like to think there was anyone better than her at providing childcare. I hope that we can find a way in going forward with this policy to explore whether that barrier is necessary. It will be costly in terms of administration for local authorities, and potentially to providers, and potentially socially costly in what it says about the role and enormous social, and therefore economic, contribution made by mothers who stay at home.

I fear that increasingly, given the comments I have received since the remarks I made at Second Reading. I have had a number of emails from groups and individuals about what I said at Second Reading about not venturing to put in second place the role of the mother who stays at home and cares for a child. That has certainly struck a chord. We must have care as we tread forward. If we really do believe in a big society, is that a big society that we wish to build? I unashamedly think that that is a marvellous phrase of the Prime Minister’s, and I strongly support the principle.

Childcare Bill [HL]

Baroness Tyler of Enfield Excerpts

Tuesday 16th June 2015 Lords Chamber

[Baroness Tyler of Enfield (LD)]

My Lords, like many noble Lords today, I welcome the intent of this Bill to extend free childcare from 15 to 30 hours a week for the three and four year-olds of working parents. I am hopeful that this policy will help to achieve the important aim of supporting more parents in returning to work. In particular, it may help single parents return to work or add more hours without being out of pocket by having to pay for additional hours of childcare. I am also pleased to see that the Bill will improve parents’ access to information about available provision in their area as this will allow them to make more informed decisions about childcare. I add my thanks to the Minister for making his time available for a valuable briefing session yesterday.

I had the privilege of sitting on the Lords Select Committee on Affordable Childcare, about which we have heard much this afternoon. Noble Lords will hear a little more from me. It was very ably chaired by the noble Lord, Lord Sutherland, who has already spoken compellingly today. He made it clear that one of the committee’s primary findings was that, for some years, childcare policy in England has sought to achieve and reconcile multiple and sometimes conflicting aims, with the result that policy has sometimes felt quite muddled and confusing. The goals to which the noble Lord, Lord Sutherland, and others alluded essentially are threefold: namely, to promote child development for all children; to help narrow the attainment gap between advantaged and disadvantaged children; and to enable more parents to work. Those are all laudable aims but can often pull in different directions. As so many noble Lords have said today, the Bill appears to address only the last aim.

I was proud that the Select Committee, which comprised Peers from all Benches, as Select Committees do, agreed that the overriding priority should be given to providing high-quality early education to disadvantaged children as they are the most likely to receive the greatest benefit, and that this priority should be reflected in the way in which resources are allocated. That is where I shall focus my remarks today. There is tremendous potential for high-quality childcare to help disadvantaged children achieve better educational attainment and greater lifetime earnings, and to help break the cycle of intergenerational poverty.

The Select Committee’s report states:

“High quality early education has a crucial role to play in helping disadvantaged children to reach their full potential … Greater value for money in terms of child outcomes is obtained by investing in early education for this group, than for all children”.

Given this, I am concerned that, in focusing on the aim of supporting working parents, the Bill fails to address these critical issues. Its silence on these matters raises many questions, which have already been covered. However, I will briefly give my thoughts on them. What will be the impact of the extension of hours on the quality of early education provision and child development? What are the implications for the early years workforce? How much money will be needed to ensure that all hours, including the existing 15 hours, are properly funded and where will that money come from? Will additional resources be offered to the disadvantaged, as recommended by the Select Committee, or will this be a flat-rate scheme that, in effect, favours the better off?

If the Government really want to support child development and improve outcomes for disadvantaged children—I am certainly not suggesting that they do not—surely they must ensure that the Bill not only leads to more childcare, but provides early education provision of a higher quality than is currently provided. As things stand, disadvantaged children are particularly likely to receive childcare of an insufficiently high quality. For example, 28% of disadvantaged two year-olds taking up their free entitlement attend settings that have not been judged “good” or “outstanding” by Ofsted. As we have heard, this is largely because private, voluntary and independent childcare providers in deprived areas are less likely to be rated “good” or “outstanding” by Ofsted than equivalent settings in more affluent areas. We know that disadvantaged children are very likely to receive their entitlement from these very providers. Indeed, 60% of three year-olds and 96% of disadvantaged two year-olds access their entitlement through a PVI setting.

As the Select Committee report said very clearly, it really is a false economy to provide these children with early education but fail to ensure that the care that they receive is of sufficiently high quality to achieve those better outcomes. Hence my concern, which is shared by so many other noble Lords, that the Bill is silent on what will be done to ensure that early education entitlement will be of sufficiently high quality. I say “sufficiently” because I recognise the trade-offs that need to be made between affordability, availability and quality—again, other noble Lords have referred to that.

It is important to make it clear that PVI settings often struggle to provide high-quality childcare largely because they are currently underfunded. As we have already heard, the Pre-School Learning Alliance has estimated that private, voluntary and independent providers currently face a total funding deficit of £177 million. Given the underfunding of the existing 15 hours, some organisations, such as the National Day Nurseries Association, have expressed concerns about how the Government propose to fund the additional hours. According to the National Children’s Bureau—I declare an interest as its president—the figure widely reported in the press of £350 million of additional funding, while welcome, will not be enough.

In view of those substantial concerns about funding, echoed by so many noble Lords, I genuinely welcome the Government’s plan to review funding arrangements with a view, as I understand it, to increasing the hourly rate to providers. That will be very welcome. I sincerely hope that that will allow us to make progress towards ensuring that all settings are properly funded. In particular, it will be critical that the current underfunding of the PVI sector is not in any way exacerbated by the increase in hours. I hope that that gap is reduced.

The Bill is curiously silent on how the Government will ensure that the early years workforce has the qualifications necessary to deliver high-quality provision. Disadvantaged children are especially likely to receive their entitlement from staff with lower qualifications. Although graduate leadership is widely acknowledged as the key factor helping to narrow the gap in quality between settings in advantaged and disadvantaged areas, we know that in the 30% most deprived areas only 10% of early years staff working in the PVI sector are at a graduate level. That compares with 35% of those working in nursery schools.

It is welcome that qualifications in the sector as a whole have been steadily rising—a point that the noble Lord, Lord Nash, made in his opening remarks. However, the additional pressure of the proposed extension of hours may make it difficult for the sector as a whole to recruit and train qualified employees. Therefore, and echoing the recommendations of the Select Committee report, I urge the Government again to consider implementing the recommendations of the Nutbrown review to help support the sector in raising qualifications over time. I ask the Minister to say something about this in his concluding remarks. Specifically, will he commit to develop an early years workforce improvement plan as part of the programme to expand the free childcare offer?

Given all these factors, if the Government really aim to improve outcomes for disadvantaged children through their childcare policy, they will surely need to take additional steps to ensure that this happens in practice. It is clear that a flat-rate scheme will not do enough to make up for the hurdles that disadvantaged children already face. The Bill does not make any special provision for disadvantaged children. Without going into any detail—I accept that a funding review will take place—will the Minister say whether in principle the Government intend to direct additional resources to the most disadvantaged children?

The Bill does not address how it will ensure that all children are able to access their full entitlement with regard to the availability of childcare places. Many local authorities are still struggling to provide an adequate number of places for disabled children. In fact, only 28% of local authorities reported that they had sufficient childcare for disabled children. My concern here is that the current funding of the universal hours fails to take into account the additional costs of caring for disabled children, and the pressures already imposed on the childcare workforce make it difficult for them to gain the skills necessary to work well with disabled children. As a consequence of this, we know that too many parents who would otherwise like to return to work cannot do so. Eighty-eight per cent of parent carers of disabled children who do not work said that they would like to return to work and 83% said that the lack of suitable childcare was their main barrier. Therefore, what provisions are being made to ensure that all children, particularly disabled children, will be able to access their full entitlement?

To conclude, I welcome the Bill’s stated intent but, as has been made abundantly clear in today’s debate, many crucial questions remain unanswered. There will be much work for this House to do in its detailed scrutiny to ensure that the Bill addresses head on the questions of funding, quality, workforce development, capacity in the sector and, indeed, flexibility—a point made very cogently by my noble friend Lady Pinnock. That adds up to the overall workability of the Bill. From where we start today, with what I politely call a very slim Bill, I feel that that is a big ask. However, the Minister has a very strong track record in improving Bills out of all recognition from the shape in which they started their parliamentary passage. His skills will be much needed on this Bill.

Queen’s Speech

Baroness Tyler of Enfield Excerpts

Wednesday 3rd June 2015 Lords Chamber

[Baroness Tyler of Enfield (LD)]

My Lords, let me start on a positive note. I was delighted that the gracious Speech, for the first time ever, I believe, contained a specific commitment to improving the plight of people with mental health problems. This demonstrates how much attitudes to mental health are changing. It is hardly a niche issue if you consider that one in four people in the UK is affected by mental health conditions, so pretty much every family in the land is touched by the problem. The commitments in the Conservative Party manifesto and the gracious Speech build on the ground-breaking work undertaken by Liberal Democrat Ministers in the coalition Government. I particularly pay tribute to the great work instigated by Paul Burstow and driven forward with such passion and commitment by my right honourable friend Norman Lamb.

Real strides were taken in the last Parliament by enshrining parity of esteem for physical and mental health services in legislation, and then starting to make a reality of it by the introduction of new waiting time and access standards for mental health services, crucially backed up by an injection of much-needed cash. We finally saw a real recognition of the links between physical and mental health issues.

Much more must be done to ensure that the historic underfunding of both adult and children’s mental health services is properly addressed. The Conservative manifesto commits to increasing spending on the NHS by at least £8 billion by 2020, although as other noble Lords have already said, it is far from clear where that money is coming from. The Government have also committed to take mental health as seriously as physical health and to increase funding for mental health care, which is very welcome. The big question for me is how much of this £8 billion will be spent on mental health services. In our manifesto, the Liberal Democrats pledged a total of £3.5 billion additional funding over the Parliament, covering both children’s and adult mental health services.

Can the Minister say what figures the Government will be committing to mental health over the lifetime of this Parliament? What proportions of that money will be spent on the commitments in the Conservative manifesto to ensuring that there are therapists in every part of the country, that new access and waiting times standards are enforced, and that women have access to mental health support during and after pregnancy? Of course, once the money is secured, we need to ensure that there is strong political and managerial will to make these things happen. Can the Minister confirm that in the next version of the NHS mandate, there will be a clear commitment from NHS England to publishing a comprehensive timetable for the introduction of new access standards and maximum waiting times across all mental health services?

It is noticeable that there was no mention of the pressing needs of people from black and minority ethnic communities, who have for too long been poorly served by mental health services, being both more likely to be diagnosed with mental health conditions and less likely to be able to access appropriate services and therapies. Will the Minister say what plans the Government have to address this wholly unacceptable state of affairs?

As a country, we must do better to support the one in 10 children and young people who have a mental health problem. Half of those people who go on to have lifetime mental health problems first experience symptoms by the age of 14, and 75% of children and young people experiencing a mental health problem do not access treatment. The consequences of failing to support these children and young people are profound.

Schools have a golden opportunity to protect and promote children’s mental health and at the same time help children attain good educational outcomes. So it is vital that the Department of Health works hand in glove with the Department for Education to promote good mental and emotional health and, in particular, to ensure that all schools offer good resilience and well-being education.

It is widely acknowledged that children’s mental health services have been seriously neglected and starved of cash in recent times. The Children and Young People’s Mental Health and Wellbeing Taskforce Report, Future in Mind, published in March by the Department of Health and NHS England, was an excellent piece of work with strong cross-party and sector support. It would be a travesty if it ended up gathering dust on shelves. It contains important recommendations on access and waiting time standards, on lead commissioning arrangements and on expanding IAPT services for children and young people, among many others. Will the Minister restate the commitment made in the March 2015 Budget to increase investment in mental health services for children and young mothers by £1.25 billion over the lifetime of the Parliament and make a firm commitment to respond to the task force recommendations?

It is totally unacceptable that hundreds of children experiencing a mental health crisis are held in police stations, and I therefore welcome the announcement in the gracious Speech that police cells will be eliminated as places of safety for children. This is long overdue. However, a change in the law alone is not enough. The current excessive use of police cells as places of safety is mainly the result of operational and commissioning failures, which lead to crisis care services for children being poorly developed in comparison to those for adults. It is vital that clinical commissioning groups prioritise investment in this area.

Finally, I strongly welcome measures outlined in the gracious Speech to expand access to early education and childcare, as they have the potential to improve child development and promote social mobility. I say “potential”, because it is vital that childcare and early years provision is of a high standard and that quality is maintained and improved, particularly to help children from disadvantaged backgrounds. That policy objective is as important as making it easier for parents to work. Both are critical, but sometimes those two objectives pull in opposite directions. The proposed extension of provision for 30 hours’ free childcare, while very welcome, raises many questions. I have no doubt that other noble Lords will raise those questions in their contributions, but I want particularly to ask whether additional help will be offered to disadvantaged parents, as recommended by the Lords Select Committee on Affordable Childcare, of which I had the privilege to be a member, or whether it will be a flat-rate scheme which, in effect, favours the better off. I look forward to hearing the answers to these and the other questions I have posed.