Children and Families Bill

Fiona Bruce Excerpts

Tuesday 11th June 2013 Commons Chamber

[Lisa Nandy]

I am sorry, but I cannot give way because a number of Back Benchers have sat through this entire debate and are desperate to get in. I wish the hon. Gentleman well in doing so.

In Committee, the Minister said that further statutory guidance would be provided to local authorities that are making this important decision. Although that does not alleviate all my concerns, the guidance will clearly be central to the practical effects of clause 1. Why have we not yet seen a draft of the guidance, and when will we see it?

Amendment 34, which stands in my name, relates to the consideration of ethnicity in adoption placements. The Minister expressed concern in Committee that placing ethnicity on the welfare checklist, as we are suggesting, will put undue weight on it. He said:

“As soon as one tries to specify particular elements of a child’s characteristics in an exhaustive list, one then starts to prioritise one characteristic over another.”––[Official Report, Children and Families Public Bill Committee, 12 March 2013; c. 205.]

I want him to consider briefly that the opposite may be the problem.

The Minister referred to research by Birmingham city council that looked at the experience of prospective adopters. It certainly emerged that a problem with practice—aggressive questioning, for example—and not with legislation had put people off. The research also demonstrated, however, that the majority of adopters—a staggering 90%—had expressed a strong preference to adopt a child with a similar ethnicity and that it was the failure to explore such factors with potential adopters that prevented children from black and minority ethnic backgrounds from being considered. In fact, in the one case in which a social worker did do that, the prospective parents went on to successfully adopt a child with a different ethnicity.

I reiterate that the amendment would not ensure that children were matched only with prospective adopters with the same background as them. Crucially, however, it would ensure that thoughtful consideration was given to ethnicity so that such factors were explored and we did not put off people from adopting a child who could otherwise find a loving home because they mistakenly thought that they would not be right for that child, which we think is a crying shame.

Amendment 35 is designed to ensure that we do not unwittingly create misconceptions for parents. We agree with the Government, as we said at length in Committee, that it is critical to most children to have an ongoing, good-quality relationship with their mum and dad, but we are concerned about the practical impact of clause 11.

I will not rehearse all the debates that we had in Committee, but the Minister was right to say that he did not want to be too prescriptive about what involvement meant. That is why our amendment would define what involvement is not, in line with the explanatory notes. It is important that that is put in the Bill and that no room is left for doubt, given that there have already been headlines in this country and that misconceptions have been created. I hope that the Minister will accept that amendment.

I do not need to rehearse why new clause 19 is so important, as it would prevent the harrowing and aggressive questioning of young witnesses in court. This morning, we received the welcome announcement that the Government are trialling pre-recorded cross-examination in Leeds, Liverpool and Kingston upon Thames. I am sure that the Minister appreciates the urgency of this matter as more child grooming cases are brought to trial. Will he say when the pilots will start, how they will be evaluated, whether there will be any measures alongside them to prevent the aggressive questioning that we have heard so much about and how soon they will be rolled out?

As I am sure the Minister is aware, the implementation of section 28 of the Youth Justice and Criminal Evidence Act 1999 alone will not be enough to support vulnerable witnesses. New clause 19 also proposes specialist court sittings for children who have been sexually abused, with trained judges and barristers, and the restriction of multiple cross-examinations. Will he say whether there will be a cap on the number of lawyers who may cross-examine a witness? I would be grateful if he could give more information about that.

I tabled new clause 18 notwithstanding our strong opposition to the under-occupation penalty, known to some as the bedroom tax. We are extremely concerned that that policy will put people off taking care of children whom they otherwise would have looked after because of the financial implications. We want to ensure that, at a time when Ministers share our concerns about the acute shortage of foster carers and adopters, we do not make the situation worse. We were struck by the evidence from Adoption UK about the problems for prospective adopters and special guardians, which was provided by Grandparents Plus. We are very concerned that the National Housing Federation estimates that the discretionary housing fund will fall short by £100 million.

We thought that the Minister had allayed our concerns about foster carers in Committee until it transpired the following day that the Government’s second change of heart meant that only one foster child would be covered, despite the fact that many foster carers look after more than one child. I was grateful for the Minister’s assurance that he would monitor the impact of the policy. Given that it has come into force and that he assured us in Committee that it would be monitored from April, will he say whether the Department has begun the monitoring programme, how it is going about it, whether there is any independence in the evaluation and, if so, who is conducting it? What, if any, evidence has been collected over the past two and a half months, and when does the Department expect to publish a report? Will he ensure that the report is made available to Members of the House as soon as it is published, given how important this matter is to many Members from all parts of the House and given that it affects vulnerable children in every constituency?

Finally, amendments 36 and 37 would ensure that children’s views and sibling arrangements are taken into account when courts scrutinise or change a care plan. Although we support the Government’s efforts to focus courts on the long-term aspects of care plans, we are concerned that, in the real world, the acute pressures on social workers, independent reviewing officers and guardians will mean that important aspects may be missed. Does the Minister have anything concrete to report from the discussion that he was holding with independent reviewing officers about how he will alleviate that pressure? Court scrutiny has helped social workers to ensure that they have access to resources and has changed care plans to allow sibling contact. I was grateful for the Minister’s assurances in Committee that there is nothing to prevent courts from looking at this matter, but given the pressure that family courts are under, especially after the legal aid cuts, we think that it is too important to leave to chance.

I am grateful for the opportunity to set out those points, but immensely disappointed at the lack of scrutiny that we have given these aspects of the Bill today. I would now like to give other people the opportunity to contribute.

[Fiona Bruce (Congleton) (Con)]

I rise to speak to new clause 20 as a parent of two boys, one of whom is still at school and one of whom left recently. I also want to speak for the many parents in my constituency who, like me, are concerned about the provision of sex education in this country.

I am pleased that new clause 20 proposes to redefine sex education as “sex and relationships education”, although I would have put it the other way around, with the emphasis on relationships rather than sex. After agreeing on the wording, I part company with those who tabled the new clause.

--- Later in debate ---

[Stella Creasy (Walthamstow) (Lab/Co-op)]

I understand that the hon. Lady’s concern is about a centralised curriculum. What does she make of her Government’s proposal to put gardening and composting on the national curriculum, as well as financial education and compound interest? Surely along with those two Cs we should also put consent.

[Fiona Bruce]

I am vice-chair of the all-party group on financial education for young people and I hugely welcome that proposal. I think it is an essential ingredient of enabling our young people to mature and face society when they leave school.

At present we do not have a centralised curriculum, and I cannot support proposals for the centralisation of the curriculum as suggested by the champions of the new clause. Research demonstrates that children and young people want to receive their initial sex and relationships education from their parents and families, with school and other adults building on that later. I am not naive and I fully appreciate that many parents do not fulfil their parental duties in that respect. That is why it is essential that we have sex education in senior schools, and I do not deny the importance of that for one minute, for many of the reasons mentioned by the hon. Member for Wigan (Lisa Nandy) when she introduced the new clause.

[Diana Johnson (Kingston upon Hull North) (Lab)]

What does the hon. Lady make of the recent Ofsted report on the teaching of PSHE, which mentions its variability around the country, particularly in sex and relationships education?

[Fiona Bruce]

I am glad the hon. Lady raised that point, because if some of the suggestions that I will come to in my speech were implemented, we would have much better sex education throughout the country than we do at present. She is right. Much still needs to be done, and I said in my introductory remarks that I am concerned about the standard of sex education in our schools, although I do not believe a centralised curriculum will improve that.

[Several hon. Members]

rose—

[Fiona Bruce]

I will not take any other interventions, because it would reduce the time for other speakers.

The Department for Education’s sex and relationships education guidance honours the involvement of parents, making plain the need for parental involvement in the content of PSHE. It states:

“Parents are the key people in teaching their children about sex and relationships, maintaining the culture and ethos of the family, helping their children cope with the emotional and physical aspects of growing up, and preparing them for the challenges and responsibilities that sexual maturity brings…schools should always work in partnership with parents, consulting them regularly on the content of sex and relationship education programmes.”

The majority of respondents to the recent Government consultation on PSHE believed that parental engagement was crucial, as was providing parents with every possible and practical opportunity to interact and engage with PSHE provision.

Although we should understand the important role that sex education provides, we should not aspire for it narrowly within one context. Current procedures provide a mechanism for drawing in parents who perhaps do not talk to their children about sex and relationships, and encourage those who do to continue with that. At present, all secondary schools must provide sex education by law, and although there is no centrally determined curriculum, governors and teachers, in conversation and consultation with parents, should develop a curriculum on a school-by-school basis, according to the ethos of the school. When properly applied, that decentralised approach means that this sensitive subject can be framed in a manner that has regard for parental views and concerns.If the curriculum were set centrally, that could and probably would disappear.

Currently, a good school should always contact parents to let them know when the sex education curriculum is taught, precisely so that they can follow up with their own conversations at home. The current procedures encourage parental involvement, but new clause 20 would serve only to diminish it. I cannot agree that that is the right approach at a time when many people are concerned that we live in a society in which opportunities for parental involvement and influence need strengthening and encouraging, not reducing and diminishing. Throughout this afternoon’s debate, I have repeatedly heard Ministers and others say how important it is to take into account parents’ views with regard to other aspects of education. Surely that should apply in this critical area of a child’s education.

That does not mean that I am complacent about the current approach—far from it. There is tremendous room for improvement in our relationship and sex education, not least the fact that greater emphasis needs to be placed on the duty to consult parents and communicate clearly with them about what is being taught. Some head teachers believe they must exclusively use whatever resources are recommended by their local authority, but in fact a plethora of other good materials provided by outside agencies can be used, such as the Evaluate: Informing Choice programme. Other head teachers do not accept that the decision should be for the governing body, which has a vital role. I encourage governors actively to take up that role in all schools.

New clause 20 would be a mistake and I hope the Government firmly reject it. However, I ask Ministers to tell us what plans the Government have to make the current decentralised approach to the critical area of sex education work more effectively, so that parents are more and not less involved, as is intended, and so help our next generation to form and sustain healthy, fulfilling and enduring personal relationships and family lives.

[Ann Coffey (Stockport) (Lab)]

I rise to speak to new clause 4, which stands in the name of my right hon. Friend the Member for Wythenshawe and Sale East (Paul Goggins), who unfortunately cannot be in the Chamber because of a prior commitment. He has been a tremendous campaigner, along with the Fostering Network, for allowing young people leaving care to remain with their foster carers until they are at least 21. Currently, children in care leave on or before their 18th birthday, which usually means that children in foster care must leave their foster carer. Every year, hundreds of the most vulnerable young people have to leave home at age 17, but the average age for leaving home in the UK is 24.

The statistics on outcomes for care leavers are not good. One third of those living on the streets have a background in care, and almost a quarter of the adult prison population have spent time in care. Local authorities have a duty in care planning guidance to ensure that young people leave their foster care when they are ready and not before, but in 2011-12 only 320 young people—5%—remained with their foster carers after they reached age 18. Research shows that the longer a young person can stay with a foster family, the more successful they are later.

In 2008, the Labour Government set up a “staying put” pilot to assess the benefits of allowing children to stay in care and with foster carers. The pilot reported in 2012 and found that established family relationships and stability make a positive difference to young people in care as they become adults. That is not a surprising outcome—one of the basic values of our culture is the importance of families in providing a nurturing and secure base for young people to make the transition to independence. Not only that, but foster families can become families for life. My aunt and uncle had long-term foster children. To this day, contact continues, as we would expect in other families.

However, there have been no moves to roll out that scheme. It has been left to councils to decide what provision to fund. The provision is therefore a power a council can choose to exercise rather than a duty to provide a service. In effect, it is a postcode lottery. We have taken the responsibility of parenting those children, having judged that their parents’ care is not good enough. In doing so, we have effectively said that the care system will provide better parenting.

Since 2010, the Government have stressed the importance of treating looked-after children the same as we would treat our own children. Planning for the transition of care leavers to adulthood should be founded on the principle: is this good enough for my own child?

Many young people in care have experienced poor parental care, emotional neglect and abuse, and disruptive care placements. An increasing number of young people are coming into care in their early teens, often with complex needs. The care system is failing these children. They are often the ones who run away or go missing, making them vulnerable to harm, including child sexual exploitation. It is recognised that we need to cut the number of out-of-area placements, with local authorities making placements nearer home. The provision of supported foster placements will need to be considered as an alternative to children’s home placements many miles away, so that we can have more vulnerable children in foster care at 18. Although they are adults at 18, they are still vulnerable adults, which is demonstrated by the statistics I quoted earlier. What difference have we made as parents if children in our care end up on the streets, in jail or with disabling mental health problems—another generation doomed to mirror the lives of their parents?

Why would we not let them stay with their foster carers for those important extra three years? Cost must of course be a calculation, but it is minimal. Loughborough university calculated that on average it cost only £17,500 per local authority per year. There will be a far bigger public cost in providing services to a future generation of failing parents, or in helping young people through drug and alcohol addiction. The human cost in misery is incalculable, as is the cost to society in the lost opportunities of the contribution that might have been made if vulnerable young people had been better supported into independence.

For many young people, their scarring experiences will make their life a tough one. The statistics speak for themselves: young people leaving care need more support, not less. Our amendment would ensure that they receive that continuing support by being allowed to stay in foster care until they are 21 if they want to. I look forward to a positive response from the Minister.