Children’s Wellbeing and Schools Bill

Lord Young of Cookham Excerpts

Thursday 12th June 2025 Lords Chamber

[Lord Jackson of Peterborough (Con)]

My Lords, I will speak briefly to the excellent and compelling amendments in this group. In particular, I support Amendments 96 and 107A, in the name of the noble Baroness, Lady Barran.

The noble Baroness, Lady Tyler, will remember that I spoke at Second Reading of her commendable Private Member’s Bill on mental health professionals, which I think was about 18 months ago. I raised the particular issue of children with complex needs—specifically children mainly in mainstream schooling who are diagnosed with Tourette’s syndrome. For a number of years in the other place, I supported Tourettes Action in its research, profile-raising and fundraising. For full transparency, my brother is a professor of cognitive neuropsychology, specialising in human movement studies, which includes Tourette’s.

I do not wish to detain your Lordships’ House in discussing Tourette’s, but I want to make the point that one of the key issues that affects children who have Tourette’s is a lack of collaboration and consistency across schooling, primary care and hospital settings. In other words, often children behave badly in school and are excluded because they are not diagnosed with Tourette’s and do not get the clinical care that they need. That work between the two parts of the state is not happening, and there is a similar issue for children with complex needs in the care system.

Again, all these amendments are excellent, but the specific advantage of my noble friend’s amendments is that they would impose an imperative on the education sector, and specifically the health sector—primary care, hospitals and other clinical settings—to focus on those children leaving care with specific and very important pressing needs.

There are a wide variety of issues that affect young people in that situation, including housing—the noble Lord, Lord Bird, and my noble friend Lord Young of Cookham have focused on those issues—but the advantage of these two amendments is that they would put a focus on primary care in the Bill. Yes, young people are worried about education, skills, training and housing, but probably the most important thing is their health.

On that basis, putting this in the Bill would be a positive move that would encourage different social care agencies and the people who write the statements for those children and young people, such as teachers and so on, to start thinking about what their healthcare pathway will be in addition to other pathways, such as housing, education and skills. For that reason, I support these amendments. I hope that the Minister will look kindly upon all the amendments, but those two in particular.

[Lord Young of Cookham (Con)]

My Lords, I will speak briefly to Amendment 100 in my name and that of the noble Baroness, Lady Benjamin, which would insert a new clause aimed at giving all care leavers up to the age of 25 priority status in homelessness legislation. To that extent, it is a subsection of the much broader debate about how we look after care leavers.

The amendment would end a current anomaly in the law, whereby care leavers up to the age of 21 are entitled to priority under the homelessness legislation, if they present as homeless to their local authority, but not those between the age of 21 and 25. It is supported by a range of charities, not least Barnardo’s.

All young people need a safe and stable home in which to start their adult life—and, if you do not have that, it is difficult to access education, employment and health services. As we heard from the noble Baroness, Lady Tyler, care leavers are more likely to be homeless than non-care leavers. Research by the charity Become shows that they are nine times more likely to become homeless, and that threat does not stop at the age of 21. Again as we heard from the noble Baroness, the numbers of young care leavers presenting as homeless has gone up by 50%.

We heard from the noble Lord, Lord Watson, earlier that non-care leavers are staying at home much longer; the average age at which they leave is now 24, up from 21 a decade ago. Over the years, the legislation has been gradually catching up with that trend, beginning I think with the Children (Leaving Care) Act 2000, which recognised that the state or local authorities need to support children beyond the age of 18. Again as we heard earlier, care leavers do not have the same safety net of family to fall back on.

There is a lot in the Bill which I welcome to support care leavers, in particular a recent amendment disapplying intentionality for care leavers, meaning that local authorities, when they have a corporate parenting duty, no longer view care-experienced people under 25 as being intentionally homeless. But the Bill needs to go a little bit further. Under the current legislation, all young care leavers under the age of 21 who present as homeless are deemed to be in priority need, which means that local authorities have an obligation to accommodate them. However, there is no such automatic protection for care leavers between the ages of 21 and 25. Under the current homelessness legislation, they are required to prove that they are vulnerable—something that is not defined in legislation. This means that they have go around getting letters from their GP, for which they may have to pay, and getting other letters from psychiatric services, to prove that they are vulnerable and their corporate parent is under an obligation to support them.

There is also a problem with children who are placed out of area. They are not apparently automatically eligible for the usual care support in the local authority in which they are now living, even if they have been living there for many years, whereas local care leavers have that entitlement. That seems to be an anomaly that the Minister might like to comment on.

Finally, the amendment would bring the homelessness legislation into line with the Children and Social Work Act 2017, which obliges local authorities to continue to provide support up to the age of 25. It will not be a panacea for all the problems facing care leavers, but it will be an important step towards ensuring that, when the worst happens, help is available for a young person who may have few other places they can turn to for help. So I encourage the Government to accept the amendment.

[Baroness Benjamin (LD)]

My Lords, I support two amendments in this group, in the names of the noble Baroness, Lady Bennett, Amendment 99, and the noble Lord, Lord Young of Cookham, Amendment 100, both of which I have put my name to.

With more than 80,000 children in care, the highest figure on record, this Bill represents an opportunity to strengthen support for all care leavers. One in three care leavers becomes homeless in the first two years after leaving care. Many become drug users and end up with a criminal record.

Some of the most affected care-experienced children are those from diverse backgrounds, who suffer double discrimination. Research by Barnardo’s found that nearly one in 10 black children in care has received a custodial sentence by the time they turn 18. When many finally leave care, they find themselves in prison or with a criminal record, which makes it difficult to find a home or employment, or develop a secure, happy life and any hope of a prosperous existence. They find themselves being part of a gang, which becomes a family substitute but leads to even more disaster.

As the Minister said in reference to the earlier group of amendments, there is an urgent need to improve understanding across agencies and departments of the needs of children in care and care-experienced young people, as well as providing training on how to better address these needs. For example, the Department for Education could extend corporate parenting principles to all bodies involved with care-experienced young people.

As we have heard, many young people can depend on their parents to support them long after they leave school or university, both financially and with a roof over their head. But support for care leavers across the country is piecemeal—a postcode lottery. Ashley John-Baptiste’s book, Looked After: A Childhood in Care, which I highly recommend, illustrates graphically just how difficult it is for young people to navigate their life after leaving care without support, especially if they want to go to university. It is potluck and almost an impossible task. Therefore, we should be doing more to ensure that care leavers are supported into adulthood, which I why I support Amendment 99 from the noble Baroness, Lady Bennett.

Through Amendment 100, the noble Lord, Lord Young of Cookham, seeks to increase protection for care leavers facing homelessness. I welcome this amendment and fully support it. We need to support care leavers and give them the opportunity to forge a happy, secure and hopeful life. It is our duty to do this and I hope that the Minister will agree with me and other Peers, and support these amendments.

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[Lord Watson of Invergowrie (Lab)]

My Lords, introducing a national register for foster carers would produce many benefits. Overall, it would enhance their status. One resulting effect would be to attract more volunteers, thus beginning to reduce the shortage of foster carers across England, which currently stands at around 5,000. That in turn would improve the matching process by which children in care are placed with foster families, and increase the portability of foster carers. All those benefits would raise the level of safeguarding of children in the care system.

Last year the Commons Education Committee inquiry into children’s social care recommended that the creation of a national register of foster carers should be considered by the then Minister for Children. The inquiry was interrupted by the general election, but the new committee has reactivated it and is still considering these issues. It has been reported that the Government are considering the merits of a national register, which would certainly be appropriate because both the Scottish and Welsh Governments are consulting on the creation of such a register. Perhaps my noble friend can clarify the current thinking on this.

A register would safeguard children by keeping a central record of foster carers who have had their approval terminated for safeguarding reasons, ensuring that they are not reapproved by another service and then able to care for another child. Currently, services cannot always know this, particularly if potential foster carers are transferring between independents and local authority services. The introduction of a register would go hand in hand with an accredited pre-approval and post-approval training framework and robust national standards of practice, improving the overall quality of care for children.

The number of children in care in England who are moved outwith their local authority area is an issue that we have heard mentioned by noble Lords in several of the debates today. It increased from 41% in 2020 to 45% last year. A register would allow services to make matches more quickly at a local level, which would ultimately reduce out-of-area placements. That could be done by the new regional care co-operatives, which we are going to debate in the seventh group today and which will lead on regional placement commissioning, for which the Bill already makes provision. With a register in place, local authority fostering services could be given access to information on the number of fostering households with vacancies for children in their local area, including those with independent fostering providers, as well as in neighbouring local authorities.

This amendment would require the Government to establish a national register for foster carers. Linked to the regional care co-operatives, that would help to better safeguard children and, as I have said, improve the status of foster carers through formal recognition of their role, allowing services to match children to foster care placements more quickly at the local level.

I hope my noble friend will acknowledge that the register would bring the beneficial outcomes that I have outlined and overall assist in making a significant dent in that shortfall of foster carers, which results in too many young people being denied the option of improving their life chances by being able to find a loving foster family to embrace and nurture them. I beg to move.

[Lord Young of Cookham (Con)]

My Lords, Amendment 143 seeks to promote the idea of a national foster care strategy. I declare an interest in that a very long time ago my wife and I were registered as foster parents in the London Borough of Lambeth—nothing on the heroic scale of the Timpson family, of whom we heard earlier. It principally involved looking after the children of a single mother while she went into hospital to have her baby; somebody needed to look after her children before she was discharged. The regime in those days was much more relaxed than it is today.

Since then, the relatively informal system has evolved into a much more structured and regulated part of the child welfare system, particularly following the Children Act 1989. There is now a much stronger emphasis on the physical and psychological stability of a child, and more awareness of the risks of inappropriate placements.

I turn to the amendment. Most children grow up in their own home with two parents, one parent, or a parent and a partner, and most of the challenges that confront a family can be met within the normal support mechanism of families, friends, the local authority and heroic voluntary organisations. But at times children have to be taken into care by the local authority. In March 2024 there were 83,630 children in care in England, up from 80,000 in 2020. For those children, there is a range of options: for a very few it will be adoption, but for most it will be kinship care, fostering or children’s homes, and we had a good debate about kinship care and the role of local authorities as a constant theme.