Children’s Wellbeing and Schools Bill
Debate between Stephen Morgan and Kit Malthouse(1 month, 2 weeks ago)
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Stephen Morgan
I reiterate my thanks to all right hon. and hon. Members across the House for their thoughtful contributions on a range of amendments, of which I aim to cover as many as possible in the time available.
A key pillar of this Government’s reform of children’s social care is to shift the focus towards early support to help families together and to keep them together where possible. I will therefore begin with the amendments concerning family group decision making, tabled by the hon. Member for Bristol Central (Carla Denyer) and the right hon. Member for Sevenoaks (Laura Trott).
On amendment 172, we agree that the voice of the child and their views are integral. In some cases, it may not be appropriate for the child to attend meetings. However, during family group decision making, the local authority must seek the views of the child where appropriate. Statutory guidance will also set out that local authorities should ensure that the facilitator has the right skills and training, and I am confident that skilled professionals will engage the child in an appropriate way.
On amendment 176, there is robust evidence that children can be diverted from care when family group decision making is offered at the pre-proceeding stage. We also encourage local authorities to offer this process as early as possible in the child’s engagement with children’s services, to support a “family first” culture.
Turning to amendment 179, if a looked-after child goes to live with a family member, the Care Planning, Placement and Case Review (England) Regulations 2010 already require a care plan to be in place, which must include arrangements to meet the child’s needs and must be reviewed at least every six months. It would be inappropriate to assume that every child going to live with a family member needs a child protection plan. It is right that we protect all children at risk of harm, but it is also right that we do not intervene in family life where children are safe, loved and well supported.
Turning to new clauses 25 to 28, tabled by the hon. Member for Twickenham (Munira Wilson), I emphasise how much the Government value kinship carers; they come forward to care for some of the most vulnerable children in society, who would otherwise likely be in care. We recognise the challenges that many kinship carers face in continuing to access work alongside the pressures of raising a child unexpectedly. In October 2024, the Government announced £400 million of new funding for the kinship financial allowance pilot, which will provide a weekly financial allowance to kinship carers to support them with the additional costs incurred when taking on parental responsibility for their kin. That is the single biggest investment made by Government in kinship care to date, and decisions about future roll-out will be informed by robust evaluation.
New clause 25 would introduce a new right to kinship care leave. Employed kinship carers may already benefit from a number of workplace employment rights designed to support employees in balancing work alongside caring responsibilities—for example, unpaid parental leave for employees who have or expect to have parental responsibility, which we are making a day one right through the Employment Rights Bill. We have also committed to a review of the parental leave system to ensure that it best supports all working families.
On new clauses 27 and 28, we are providing more than £2.9 billion of pupil premium funding. Schools can direct spending where their need is greatest, including to pupils in kinship care, and such children may already be eligible for the highest admissions priority where they are or were looked after by the local authority. New section 22H(7), inserted by clause 5 of the Bill, states:
“A local authority must review and update its kinship local offer from 30 time to time”.
That gives opportunities for the views and opinions of children living in kinship care and their carers to be taken into account. I hope that the hon. Members for Twickenham and for Carshalton and Wallington (Bobby Dean) and the right hon. Member for Sevenoaks are reassured by that.
I turn to new clause 13, tabled by the hon. Member for South Devon (Caroline Voaden). Adoption is a vital part of our system, and it is important that we ensure that support is of high quality. However, Ofsted already reports regularly on adoption support in local authority children’s social care inspection reports, as well as on voluntary adoption agencies and adoption support agencies.
On new clause 3, tabled by the Chair of the Education Committee, my hon. Friend the Member for Dulwich and West Norwood (Helen Hayes), increasing support for care leavers is a key Government priority. Clause 8 of the Bill will build on existing provisions by requiring each local authority to publish the arrangements it has in place to support and assist care leavers in their transition to adulthood and independent living. That will include its arrangements for anticipating the future needs of care leavers in respect of accommodation.
I turn to the related new clause 45, tabled by my hon. Friend the Member for South Shields (Mrs Lewell-Buck), which would extend staying-put arrangements. This new clause is not needed. As part of the Bill, we require each local authority to provide eligible care leavers with staying-close support where their welfare requires it. That means that all eligible young people who leave residential care can be supported to find and keep suitable accommodation into adulthood.
I turn to amendment 184. I thank the hon. Member for South West Devon (Rebecca Smith) for raising the important principle of local authorities listening and responding to the wishes and feelings of eligible care leavers. As set out in Committee, when assessing and providing staying-close support, the local authority will be expected to have due regard to the accompanying duties regarding the creation and review of a young person’s pathway plan. The views of young people are expected to be considered as part of that.
I turn to new clause 47, which was also tabled by my hon. Friend the Member for South Shields, and amendments 188 and 189, tabled by the right hon. Member for Sevenoaks. I welcome the opportunity to discuss the quality of care in and oversight of children’s homes, and I welcome the support of the Opposition for the position—implicit in their amendment—that action needs to be taken to better equip Ofsted to deal with poor practice across children’s homes. However, we do not believe that the new clause or these amendments are required. Introducing a full inspection at provider group level would not be appropriate or a well-targeted way to use Ofsted resource. Clause 12 is deliberately designed in a way that supplements the existing robust regime for inspection of individual settings, which ensures that Ofsted can take the quickest and most effective action to safeguard vulnerable children.
Amendment 189 would give local authorities the power to issue an improvement plan notice to a children’s home for minor concerns or admin breaches following a regulation 44 visit, which would add little value over and above what is already in place under existing regulations. It is also not clear what would constitute a minor concern or what regulatory action could follow; it risks muddying the waters of accountability and responsibility. There are already mandatory national minimum standards through the Supported Accommodation (England) Regulations 2023 and Ofsted registration and inspection requirements for providers accommodating 16 to 19-year-old looked-after children and care leavers.
New clause 14 relates to a notification for when a child is placed into temporary accommodation. I thank my hon. Friend the Member for Mitcham and Morden (Dame Siobhain McDonagh) for her significant campaigning on this issue—I know that this morning she met with my ministerial colleagues, who will follow up with her directly. As she said in her contribution, too many children are spending years in temporary accommodation at a point in their lives when they need space to play and develop, as well as nutritious food to thrive, and access to education. Although we do not accept the new clause, I understand the rationale behind it and commit to continuing to work with my hon. Friend on the matter.
I turn to children placed in secure accommodation. Depriving a child of their liberty must always be a last resort, and it is of paramount importance that any restrictions placed on a child are appropriate and for no longer than absolutely necessary. However, I do not think that amendments 185 to 187 are necessary. A statutory regime already exists when children are being deprived of their liberty under section 25 of the Children Act 1989, and this measure would extend that to relevant accommodation. The Bill gives powers to the Secretary of State to make regulations for relevant accommodation and to set a maximum period beyond which a child may not be deprived of their liberty without the authorisation of the court. We also intend to bring forward regulations to require local authorities to seek approval from the Secretary of State before depriving of their liberty children who are under the age of 13 and in relevant accommodation.
I turn to new clause 8, tabled by my hon. Friend the Member for Lowestoft (Jess Asato). Protecting children at risk of abuse is at the heart of this Bill. Regarding the common law defence of reasonable chastisement, we are looking closely at the legal changes made in Wales and Scotland, but we have no plans to legislate at this stage. Wales is in the process of reviewing the impact of changing the law, and will publish its findings by the end of 2025. We want to look at the evidence before taking such a significant legislative step.
I now turn to new clause 4, tabled by my hon. Friend the Member for Dulwich and West Norwood. All children must have an assessment of their health when they become looked after. Existing regulations require that that assessment must be completed by a registered medical practitioner, include assessment of emotional and mental health, and be kept under review.
New clause 37, tabled by the right hon. Member for Sevenoaks, is not required. Robust protections are already in place where proceedings have been initiated. Pre-proceedings will almost always be initiated when a local authority has determined that child protection activity is not sufficient to keep a child safe and promote their welfare. The initiation of proceedings will not result in automatic discharge of a child protection plan; such a plan can be discharged only through a decision taken at the child protection conference between multi-agency practitioners who have been working with the child and their family.
One area in which the Government have not wasted any time is taking action against child sexual abuse. New clauses 15 and 50, covering recommendations of the independent inquiry into child sexual abuse, are addressed by the steps that this Government have taken and will take to deliver the change and the justice that victims deserve. In January, the Home Secretary made a statement to the House confirming that the Government will lay out a clear timetable for taking forward the 20 recommendations of the final IICSA report, including establishing a child protection authority.
As the Home Secretary stated, the cross-Government ministerial group is considering the working through of the remaining recommendations, supported by a new victims and survivors panel. The Government will also be implementing all the remaining recommendations of the IICSA’s separate stand-alone report on grooming gangs from February 2022. As part of that, we will update key guidance on child sexual exploitation. Second Reading saw political opportunism of the worst kind from the official Opposition, and I would like to take this opportunity at the Dispatch Box to condemn it. The Home Secretary, the Education Secretary and the Minister for combating violence against women and girls all have a track record of standing up against that abuse, and they are acting decisively in Government.
Let me turn now to the new bandwagon that the Conservatives have jumped on, that of mobile phone use in schools, and to new clause 36. Phones have no place in schools. That is what the Education Secretary said last week, and it is as simple as that. Teachers and headteachers have the Government’s full backing in ridding our classrooms of the disruption caused by phones, and they already have the means to do so. We will be checking that that is happening, strengthening Government monitoring of implementation of the guidance to ensure that our classrooms are phone-free.
However, I must note—as a number of Members have mentioned tonight—that just a year ago the Conservatives claimed that their action meant mobile phones were prohibited in schools, and that their guidance meant a consistent approach across all schools. That begs the question: what has changed? Not only does the right hon. Member for Sevenoaks seem to have missed the Education Secretary’s statements; she has missed the Secretary of State for Science and Technology already announcing the studies that she is asking for. Those studies are being conducted by the University of Cambridge and will report back before the end of the school year. She has even missed the Health Secretary confirming just this month that the chief medical officer will consider the impact of phones and advice for parents.
Stephen Morgan
Of course we hear parents’ concerns about screen time, but this is a wider issue across the board that is not exclusive to schools. It is an issue on which we are already acting across Government to make sure that parents and teachers are supported in ensuring that children’s safety and wellbeing are protected. [Interruption.]
VAT: Independent Schools
Debate between Stephen Morgan and Kit Malthouse(6 months, 4 weeks ago)
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The Parliamentary Under-Secretary of State for Education (Stephen Morgan)
I thank the Opposition for bringing forward the debate. While the focus has been on private schools and the implications of the planned tax changes, it has allowed us to consider what is important in education. It is important to support the aspirations of all young people and their parents, and it is essential that all young people receive a good education in a safe and supportive environment.
It is certainly true that many parents choose to seek that provision in the private sector. The Government will always support their right to choose where to educate their children, but most parents do not have that choice, and all parents have high aspirations for their children. We therefore need to prioritise our efforts and consider how we can better serve the 94% of children in our state-funded schools.
Ending the tax breaks on VAT and business rates for private schools is a necessary decision to drive high and rising standards across our state schools and give every young person the best start in life. It will generate additional funding to help improve public services, including the Government’s commitments relating to children and young people.
This money will allow the Government to expand early years childcare for all by opening 3,000 new nurseries, thus helping parents back to work. The Government will recruit 6,500 new teachers and improve teacher and headteacher training as part of restoring teaching to the career of choice for the very best graduates. The Treasury is of course responsible for tax policy and has led on the publication of the draft legislation and technical consultation since July. As the Exchequer Secretary set out, VAT will apply to tuition and boarding fees charged by private schools for terms starting on or after 1 January 2025. It is right that we end tax breaks as soon as possible to raise the funding needed to deliver those educational priorities. The Treasury is assessing the impact of these changes in advance of the Budget. The independent Office for Budget Responsibility will certify the Government’s costings for these measures at the Budget and that will also include the interaction with other VAT receipts.
Stephen Morgan
I am going to make some progress. The right hon. Gentleman spoke earlier. I know that many Members are concerned about children with SEND. [Interruption.] Members can shout as much as they like, but I have some really important points to make about SEND. I know I speak for the country—the right hon. Gentleman certainly does not. I assure Members that the Treasury has sought to ensure that these changes do not disadvantage pupils who need provision that is unavailable in the state sector.
Let me be clear: pupils who need a local authority-funded place in a private school, including those with a local authority-funded EHCP, will not be affected by the changes. That is because local authorities are able to reclaim VAT when they are charged. For other pupils, this change should not mean that they will automatically face 20% higher fees. The Government expect private schools to take steps to minimise fee increases, including through reclaiming VAT incurred in supplying education and boarding. I also note that IFS analysis shows that the number of children in private schools has remained steady despite a 20% real-terms increase in average private school fees since 2020 and a 55% rise since 2003.
Members from both sides of the House mentioned transfers to the state-funded sector. There are always some pupils moving between the private and state-funded school sectors. Approximately 50 maintained private schools close every year, for a range of reasons. Where schools do close, pupils may transfer to another private school or move into the state sector. We simply do not accept, in the case of recent closures, that this has had any connection to our policy on VAT. Quite simply, the evidence does not bear that out. The number of pupils who might switch following these changes represents a very small proportion of overall pupil numbers in the state sector. Any displacement is likely to take place over several years, and will mostly come from parents choosing not to place their children in the private sector to begin with, rather than children leaving the private sector. All children of compulsory school age are entitled to a state-funded school place if they need one. I understand that moving schools can be a challenging experience, and local authorities and schools already have processes to support pupils moving between schools.
A number of Members also raised concerns about capacity. There are always a range of pressures on state-funded school places, and the Department for Education works to support local authorities to ensure that every local area has sufficient places for children who need them. That is business as usual and local authorities and schools already have a range of options to increase capacity where it is needed. We are confident that the state sector will be able to accommodate any additional pupils and that there will not be a significant impact on state education as a whole.
I congratulate my hon. Friend the Member for North East Derbyshire (Louise Jones) on her maiden speech. I know she will be a real champion for children and young people in her community. I also welcome my hon. Friend the Member for Bury North (Mr Frith) back to this place and congratulate my hon. Friend the Member for Glasgow East (John Grady) on his maiden speech—he spoke eloquently and with passion about his constituency and the needs of his constituents. It was also a real pleasure to hear the maiden speech from the hon. Member for Isle of Wight East (Joe Robertson), who described so well his beautiful constituency, a place I enjoyed holidaying in as a child. I look forward to working with him on issues affecting the Solent region. My hon. Friend the Member for Tipton and Wednesbury (Antonia Bance) gave an excellent maiden speech. It was evident that she will be a strong voice in this place, nationally and for her community. I congratulate the hon. Member for Horsham (John Milne) on his maiden speech, and I wish him well on his unexpected new role in this place and on delivering opportunity for all.
The hon. Member for South Shropshire (Stuart Anderson) and others mentioned military families; I know that colleagues in the Ministry of Defence and the Foreign, Commonwealth and Development Office will closely monitor the impact on affected military families, considering support via the continuity of education allowance scheme. Small faith schools were raised by a few Members; those schools meet the needs of dedicated faith communities, often at low cost. I know that Treasury colleagues have met representatives from those schools to ensure fairness. A number of right hon. and hon. Members spoke about the impact assessment. As my hon. Friend the Exchequer Secretary to the Treasury set out, we are considering the impact of the policies and will publish a tax information and impact note at the Budget in the usual way.
In conclusion, this Government were elected to deliver change across our country, not least in our schools. Our mission to break down the barriers to opportunity is exactly what our country needs. This party is showing that education is once again at the forefront of national life. I urge Members across the House to demonstrate that by voting against the motion.
Question put.
The House proceeded to a Division.