Catherine McKinnell MP: speeches 2025

Speeches

• 23 Jan 2025 · Children's Wellbeing and Schools Bill (Third sitting) · Hansard source

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  I believe I can, but I will check and report back in this afternoon’s sitting. I appreciate the hon. Gentleman’s request.

• 23 Jan 2025 · Children's Wellbeing and Schools Bill (Third sitting) · Hansard source

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  I beg to move amendment 1, in clause 3, page 3, line 33, leave out “the director of children’s services for”. This amendment and Amendment 2 make minor changes relating to local authority nominations to a multi-agency child protection team.

• 23 Jan 2025 · Children's Wellbeing and Schools Bill (Third sitting) · Hansard source

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  I thank Members for their contributions, and I appreciate the support—generally speaking—for the change. I can give the hon. Member for Harborough, Oadby and Wigston confidence that the impact assessments will be produced before the Committee has ended, so there will be an opportunity to study them. In response to his question, we are not making schools the fourth safeguarding partner with this measure. As the hon. Gentleman set out and appreciates, the education and childcare sector does not have a single point of accountability in the same way that a local authority, a health service or the police do. There is not currently an organisation or individual that can take on the role of a safeguarding partner. The measure is therefore crucial to ensuring that education is consistently involved in multi-agency safeguarding arrangements across England. It places a duty on safeguarding partners to fully include and represent education at all levels of their arrangements in order to ensure that opportunities to keep children safe are not missed. It gives educational settings a clear role in safeguarding locally. It is a vital step towards consistency in local areas, and sends out the clear message that education is fundamental at all levels of safeguarding arrangements. I appreciate the question that the hon. Member for Harborough, Oadby and Wigston asked about childcare settings, and about childminders in particular. We deliberately ensured that the measure includes all educational settings, covering early years, childcare and all primary and secondary schools. It spans maintained and independent schools, academies, further education institutions, colleges and alternative provision. It is important that the measure covers the breadth of education and childcare settings in a local area to ensure that opportunities to help and protect children are not missed. I appreciate that, in some childcare settings, those arrangements will be more formal and practised than in others, but it is important that we ensure that no child is left out. Question put and agreed to. Clause 2 accordingly ordered to stand part of the Bill. Clause 3 Multi-agency child protection teams for local authority areas

• 23 Jan 2025 · Children's Wellbeing and Schools Bill (Third sitting) · Hansard source

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  By strengthening the role of education in multi-agency safeguarding arrangements, clause 2 recognises the crucial role that education and childcare play in keeping children safe. It places a duty on the local authority, police and health services, as safeguarding partners, to automatically include all education settings in their arrangements, and to work together to identify and respond to the needs of children in this area. The clause includes the breadth of education settings, such as early years, academies, alternative provision and further education. This will ensure improved communication between a safeguarding partnership and education, better information sharing and understanding of child protection thresholds, and more opportunities to influence key decisions about how safeguarding is carried out in the local area. Multiple national reviews have found that although some arrangements have worked hard to bring schools to the table, in too many places the contribution and voice of education are missing. Education and childcare settings should have a seat around the table in decision making about safeguarding, so we are mandating consistent and effective join-up between local authority, police and health services, and schools and other education and childcare settings and providers. We know that many education and childcare settings are well involved in their local safeguarding arrangements, but the position is inconsistent nationally, which can lead to missed opportunities to protect children. This change will improve join-up of children’s social care, police and health services with education, to better safeguard and promote the welfare of all children in local areas. It will also mean that all education and childcare settings must co-operate with safeguarding partners and ensure that those arrangements are fully understood and rigorously applied in their organisations. I hope that this clause has support from the Committee today.

• 23 Jan 2025 · Children's Wellbeing and Schools Bill (Third sitting) · Hansard source

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  It is an honour to serve under you as Chair, Sir Christopher, and to be a part of this thoughtful and considered Committee, which is taking this landmark legislation through Parliament. I thank hon. Members for the spirit in which they have discussed the safeguarding aspects of the Bill. I appreciate the support that has been expressed, and thank Members for their questions, concerns and amendments, which I will seek to address. Amendments 36 and 37 stand in the name of the hon. Member for Twickenham but were presented by the hon. Member for St Neots and Mid Cambridgeshire. I thank him for his support for the clause and acknowledgment that family group decision making is a family-led process. A family network is unique to every child, so we decided not to be prescriptive about who should attend the meetings. That will be assessed and determined by the local authority, which will consider who it is appropriate to invite, and we will publish updated statutory guidance to make it clear that the local authority should engage with the full scope of the family network. That should take place with a view to supporting the wellbeing and welfare of the child, because the child’s voice and views are an integral part of the family group decision-making process. The process is, by its very nature, child-centric, and is designed with the best interests of the child in mind. The meeting facilitator will talk to families and the child about how best the child might be involved in the meeting. I recognise some of the points made about the extent to which the child should take part in the process, but the child’s participation will clearly depend on several factors, including their age and their level of understanding, and an independent advocate may also be used to help the child to express their views. As has been set out by my hon. Friend the Member for Derby North, in some cases it may not be appropriate for the child to attend. However, there is time for the child to voice their experiences or concerns through the dedicated preparation time for those meetings. The facilitator will take further action where they think it may be required if they think that there are safeguarding concerns, and we are confident that local authorities will continue to be guided by what is in the best interests of the child. For the reasons that I have outlined, I ask the hon. Member for Twickenham not to press her amendments. Amendment 18 has been tabled by the hon. Member for Harborough, Oadby and Wigston. I thank him for the spirit in which he presented his amendments and put on record his concerns about the situation that children find themselves in and wanting the best outcome for them. The amendment relates to the 26-week rule for children subject to family court proceedings. As the hon. Gentleman knows, the Children and Families Act 2014 introduced the 26-week limit on courts to complete care and supervision proceedings when they are considering whether a child should be taken into care or placed with an alternative carer. I reassure him that we prioritise reducing unnecessary delay in family courts and securing timely outcomes for children and families. Clause 1 relates to a specific and critical point before court proceedings are initiated. It gives parents or those with parental responsibility the legal right to a family-led meeting when they are at the point of the risk of entering into care proceedings. There is robust evidence to show that strengthening the offer of family group decision making at that crucial stage will in fact reduce applications to the family courts and prevent children from entering the care system at all. As much as we acknowledge the concern raised, we are confident that no provisions in clause 1 would result in an extension to the statutory 26-week limit for care proceedings, which starts when the application for a care or supervision order is made. We think it is right that families are given the time and support to form a family-led plan. By strengthening the offer of family group decision making for families on the edge of care, concerns about children’s safety and wellbeing can be addressed swiftly, with the support of skilled professionals, and avoid escalation into potentially lengthy care proceedings. We want to avoid missing those opportunities for children to remain living safely with their families, so the child’s welfare and best interests are very much at the heart of clause 1. If the local authority believes that the child’s circumstances or welfare needs might have changed at any point during pre-proceedings and it would no longer be in their best interests to facilitate the meeting, the court proceedings can be initiated immediately. The local authority should always act in accordance with the child’s best interests. Indeed, that family work can continue throughout court proceedings being initiated, and family group decision making can also continue. For the reasons I have outlined, I kindly ask the hon. Member for Harborough, Oadby and Wigston not to press his amendment. Amendment 49 is in the name of the hon. Member for North Herefordshire. Clause 1 gives parents or those with parental responsibility the legal right to the family-led meeting at the specific and critical point, which I referenced, when they are at risk of entering into care proceedings. As I said, we have the clear evidence to show that involvement of the wider family network in planning and decision making at that pre-proceedings stage can divert children from care and keep more families together. Although clause 1 focuses on the critical point at the edge of care, we already encourage local authorities to offer these meetings as early as possible and throughout the time that the child is receiving help, support and protection, including as a possible route to reunification with their birth parents or a family network where appropriate. We are clear in guidance and regulations that, where a child is returning home to their family after a period in care, local authorities should consider what help and support they will need to make reunification a success and set it out in writing. We will continue to promote the wider use of family group decision making, including by updating statutory guidance where appropriate and through best practice support. We believe that this legislation is a transformative step change that will be helpful in expanding these services for the benefit of children and families right across the country. I turn to some of the specific questions that have been raised by Members, some of which I have addressed in my comments.

• 23 Jan 2025 · Children's Wellbeing and Schools Bill (Third sitting) · Hansard source

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  Amendments 1 to 5, in my name, relate to the nomination of individuals by safeguarding partners for multi-agency child protection teams. These important amendments ensure that primary legislation is consistent. To be consistent with the Children Act 2004, the reference to those who nominate should be to the safeguarding partners, not to specific roles. It is, after all, the safeguarding partners who are best placed to make the nomination for individuals, and have the required expertise in health, education, social work and policing. We will continue to use the statutory guidance, “Working together to safeguard children”, to provide further information on safeguarding partner roles and responsibilities, which will include nominating individuals in the multi-agency child protection teams. These amendments ensure consistency with the Children Act and set out that safeguarding partners are responsible for nominating individuals with the relevant knowledge, experience and expertise to multi-agency child protection teams.

• 23 Jan 2025 · Children's Wellbeing and Schools Bill (Fourth sitting) · Hansard source

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  I think what the right hon. Gentleman is potentially getting at is how the multi-agency child protection teams will work alongside the MASH teams. To some extent, this is moving existing resource around. This will be in addition to the MASH teams. We recognise that it will require some additional resource, so there will be £500 million coming from April 2025 for the family first partnership programme. As the right hon. Gentleman rightly raised, we need to ensure we have good, qualified, people working in these roles, which is really important to get right. As I said, building on the good work, we are putting in additional safeguards for children through these provisions. We are making sure that, while we have the good work of MASHs happening, we can have a consistent approach to child protection on a national scale by ensuring that we have multi-agency child protection teams working together.

• 23 Jan 2025 · Children's Wellbeing and Schools Bill (Fourth sitting) · Hansard source

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  I appreciate the request; I have dealt with that in my response, in that we feel that we have included broad headings that are clearly not exhaustive and leave room for local authorities to publish the whole range of services that they feel will support kinship carers. Fundamentally, we know that having a good kinship care offer is in the best interests of a local authority, because it is the one supporting the children who it knows need that care, but I will certainly take away the hon. Gentleman’s specific consideration.

• 23 Jan 2025 · Children's Wellbeing and Schools Bill (Fourth sitting) · Hansard source

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  I appreciate the spirit in which the hon. Gentleman has set out his questions. To clarify, amendment 20 would require the relevant person to record their decision to withhold information if they considered disclosing it to be more detrimental to the child than not disclosing it. We absolutely agree that practitioners should record the reasons for their information-sharing decisions. However, that should happen irrespective of the reason for sharing or not sharing particular information. The current, non-statutory information sharing guidance for practitioners and managers issued by the Department for Education covers this point, making it clear that practitioners should keep a record of their decisions, including their rationale. Rather than legislating on this issue, it is our intention to cover it in statutory guidance, which relevant persons would be required to have regard to in relation to these matters. I appreciate that the hon. Gentleman raised a range of other issues and questions about clause 4 more generally, and I will respond to those in the clause stand debate.

• 23 Jan 2025 · Children's Wellbeing and Schools Bill (Fourth sitting) · Hansard source

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  I appreciate the spirit in which the probing amendments have been proposed. Amendment 43 would provide the Secretary of State with the power to make regulations, providing that each designated person must attach a consistent identifier to the records of every child without being limited by a particular purpose. I absolutely share the desire of the hon. Member for Twickenham to ensure that as many children as possible are able to benefit from a consistent identifier. We are very conscious of the need to ensure that the identifier has complete coverage, from birth to 18. On timelines, I appreciate the urgency with which Members wish to see the consistent identifier come into play. Obviously, it is not yet legislated for—we very much hope it will be. But we are piloting the use of the NHS number, which is assigned to all UK-born children at birth or, for children born outside the UK, when contacting the NHS, so we deem it to be universal. The exact services, systems and data shares that store and move the number will have to be developed during the piloting. Regulations will stipulate the agencies that must use the number when recording and sharing information for the purposes of safeguarding and promoting the welfare of children. I will give a little more information about the timeline of the pilot and intentions on implementation when I move the clause stand part, because I am conscious that the Opposition spokesperson also raised those concerns. I turn to amendment 44, which seeks to amend the scope of the duty by including a reference to promoting the wellbeing of children. The legislation will enable statutory guidance to be issued, which relevant agencies must then have regard to. That will outline the type of information that may be relevant to safeguarding and promoting the welfare of children, including information that relates to their wellbeing, so that practitioners are able to more easily apply the legislation in practice. The legislation has very much been framed to co-exist with other child social care legislation, so “welfare” would cover the wellbeing of the child. Amendment 45 seeks to remove the stipulation that a consistent identifier must be used when it is likely to facilitate safeguarding and promoting the welfare of children directly. I appreciate the hon. Member’s concern that it limits the use of a consistent identifier, in particular for research purposes; I know that stakeholders have been calling for that. The measures make provision for the Secretary of State to specify which agencies must use the consistent identifier. When it is introduced, it is intended that it could still be used for research purposes if that is authorised in accordance with UK GDPR and the Data Protection Act. We have purposely prioritised linking use of the consistent identifier with safeguarding and welfare functions, and will be testing the benefits and implementation of that through our pilot. If additional benefits are realised, we can obviously explore the provisions further. For the reasons I have outlined, I hope that the hon. Lady will be happy to withdraw her amendment.

• 23 Jan 2025 · Children's Wellbeing and Schools Bill (Fourth sitting) · Hansard source

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  As we have discussed, clause 6 places a statutory duty on all local authorities in England to promote the educational achievement of children with a social worker living in their area. It also places a statutory duty on all local authorities in England to promote the educational achievement of children who are subject to formal kinship orders in their area, regardless of whether they have spent time in local authority care. Children with a social worker, as hon. Members have recognised, often face significant barriers to achieving their potential in education due to experiences of instability, abuse and neglect, or indeed bereavement, as the hon. Member for North Herefordshire mentioned. Similarly, while children in kinship care benefit from familial care, they can encounter challenges stemming from trauma, disrupted school or limited access to educational resources, which can impact their educational outcomes. Placing a statutory duty on local authorities to promote the educational achievement of these children acknowledges their specific vulnerabilities and barriers to attainment, and ensures that resources and support are available to meet their educational needs. Clause 6 places a duty on local authorities to appoint an officer to ensure that these duties are properly discharged. In practice, the officer is known as a virtual school head and currently discharges these duties on a non-statutory basis. Virtual school heads will be the lead officers responsible for overseeing the educational progress of children in care and previously in care, and it includes children who have left care because they were made the subject of a special guardianship or a child arrangement order. Extending the remit of virtual school heads on a statutory basis to include children with a social worker and those in kinship care will give them the same legal footing as looked-after and previously looked-after children. This clause places a duty on local authorities to take appropriate steps to support the educational achievement of these children, which could include: raising awareness of the barriers and challenges that they face in their education; taking steps to improve their educational attendance and engagement; and providing support for schools to help them overcome these challenges. Clause 6 also extends the definition of a “relevant child” to include children under special guardianship orders and child arrangement orders. I appreciate the question asked by the hon. Member for Twickenham on the extent of that definition. It is specific to the legal guardianship orders and child arrangement orders, and I appreciate the issue that she has raised. I will come on to a number of questions that have been asked, and I appreciate that Members have raised points of consideration on clause 6 to ensure we maximise the opportunity it presents. The ongoing evaluation of non-statutory extension of the virtual school head has shown that these extended duties do have positive impacts for children with a social worker. Virtual school heads have reported improved school attendance and decreases in suspensions and permanent exclusions. We expect the extension of this role, now put on a statutory footing, to improve outcomes for some of the most vulnerable children.

• 23 Jan 2025 · Children's Wellbeing and Schools Bill (Fourth sitting) · Hansard source

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  As I said earlier, at the moment, local authority teams are not required to have multi-agency safeguarding hubs. We will build on the work that has been done and make sure that every local authority has a child protection multi-agency team, so that no child will fall through the gaps where provision does not currently exist.

• 23 Jan 2025 · Children's Wellbeing and Schools Bill (Fourth sitting) · Hansard source

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  I rise to speak to the amendments and to clause 5 stand part. On amendment 38, which the hon. Member for Twickenham tabled, I appreciate her engagement and great interest in the kinship local offer, and I will explain how we see it working. We expect that local authorities would include information on legal support when setting out their general approach to supporting children living in kinship care and to kinship carers under the newly inserted section 22H(1)(a) to the Children Act 1989, as set out in clause 5. To be clear, the listed categories of information about services have been kept very broad by design, in order to cover as many different kinds of services as possible. That means that local authorities could reasonably be expected to provide information about legal support under one of the categories that we have included. Clause 1 already sets out the requirement to offer family group decision making at pre-proceedings and new section 22H(1)(b) to the 1989 Act will require local authorities to publish information about financial support that may be available to children living in kinship care and their carers. Therefore, I would like to reassure Members that the list of categories of information about services in the Bill is deliberately not exhaustive. It also remains our intention that further detail about what we expect to be included in the kinship local offer will be made in statutory guidance, so we will take on board the points made in this debate. We believe that amending clause 5 as has been suggested would not achieve that effect. We believe that we have the measures in place that will deliver what the hon. Lady is looking for, so we kindly ask her to withdraw her amendment. On amendments 22 and 39, tabled by the hon. Member for Harborough, Oadby and Wigston and the hon. Member for Twickenham respectively, I appreciate the concern that exists about consulting children and carers on the kinship local offer and making sure that their feedback is collected. The children’s social care national framework and the existing kinship care statutory guidance make it clear that children’s wishes and feelings should be taken into account whenever adults try to solve problems and make decisions about them, and local authorities are legally obliged to adhere to article 12 of the UN convention on the rights of the child, which makes it very clear that the child has the right to express their views, their feelings and their wishes in all matters affecting them and to have their views considered and taken seriously. The kinship care statutory guidance also sets the expectation that local authorities should consult children, kinship carers and parents as appropriate in drawing up their kinship local offers, and set out how the kinship local offer has been informed by their views, to ensure transparency. New section 22H(7) to the 1989 Act states: “A local authority must review and update its kinship local offer from time to time”, to give opportunities for the views and opinions of children living in kinship care and their carers to be taken into account. However, since the intention of clause 5 is to ensure that local authorities publish information about what their kinship local offer includes, what is published should be a clear reflection of the services available, and consultation on the publication would be of limited value. We cannot be more specific about how kinship local offers are published, because that would potentially limit the accessibility of the information. For example, requiring online publication would potentially limit access to the information among those who do not have access to that technology. For that reason, new section 22H(6) of the 1989 Act already puts an obligation on local authorities to: “take such steps as are reasonably practicable to ensure that children” and kinship carers “receive the information relevant to them.” Consequently, we do not believe that the amendments are required, as there are sufficient safeguards within clause 5 and other legal frameworks, and because the local authority will be best placed to determine what information should be published. More prescription in legislation might hinder local authorities as they design and publish their local offer in a flexible way that reaches people and makes the maximum impact. I will respond to the question raised by the hon. Member for Twickenham and to some extent by the hon. Member for Harborough, Oadby and Wigston about some lack of clarity on the definitions of a connected person. To be clear, that is because they are defined in the Children Act 1989. The term “relative” is deliberately not defined in the Bill, because the measures on the kinship local offer are not freestanding: they form part of the 1989 Act. Although section 105 of that Act defines relatives, new section 22I(1)(a) under clause 5 includes “a relative, friend or other person connected with the child”, so it is broad enough to cover every type of person. Although cousins are not specifically defined as a relative, they would fall within the category of another person connected with the child. I hope that has answered all the questions raised by hon. Members, and I urge them to support this clause.

• 23 Jan 2025 · Children's Wellbeing and Schools Bill (Fourth sitting) · Hansard source

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  It is an honour to have you in the chair today, Sir Edward. Clause 3 requires the establishment of multi-agency child protection teams in every local authority area. I welcome the focus of amendment 19, laid in the names of the hon. Members for Harborough, Oadby and Wigston and for Central Suffolk and North Ipswich, on monitoring the impact of the effectiveness of these multi-agency child protection teams and on continuous improvement, as the hon. Member for Harborough, Oadby and Wigston put it so well. It is essential that we know how the multi-agency teams are leading to better outcomes for children and that we share that learning right across the system. It may be reassuring to know that safeguarding partners already have a statutory responsibility to publish annual reports on their multi-agency safeguarding arrangements. Once clause 3 comes into force, that responsibility will include reporting on the multi-agency child protection teams. We are already funding 10 local areas to implement multi-agency child protection teams. From April, we are investing more than £500 million to roll out family help and multi-agency child protection teams nationally. The evaluation of the 10 pathfinders and the national roll-out of the families first partnership programme will inform the operational detail, including reporting, which will then be set out in regulations and updated statutory guidance. On the question about how the teams will work, local authorities are currently not required to have a multi-agency safeguarding hub. This new duty will impose a specific form of child protection arrangement. The emerging evidence from the 10 local area pathfinders shows that where there is an effective multi-agency safeguarding hub, local areas can build on that existing multi-agency infrastructure and achieve closer multi-agency working relationships, which then creates that multi-agency child protection team. The right hon. Member for East Hampshire asked about the supporting families programme. That has moved to the Department for Education, and the multi-agency child protection teams will be based on best practice from supporting families. Where there has been good work done in recent years, we are very much building on that and taking it to the next step, to make sure that, as far as we can possibly legislate for, no child is left behind. The teams will bring together the right people with the right skills, so that support is formed around the child. That is also to ensure that the team can address many types of harm to children, whether that is through criminal gangs or sexual exploitation or otherwise. These new multi-agency child protection teams will build on the expertise and knowledge of local authorities and police forces to make sure that they work on a base of geography and local knowledge.

• 23 Jan 2025 · Children's Wellbeing and Schools Bill (Fourth sitting) · Hansard source

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  The multi-agency child protection teams will be based on those models. We have used robust evidence including the supporting families and strengthening families programmes. It very much follows the recommendations from the child safeguarding practice review panel to make sure that we have a multi-agency child protection unit in every local authority to address a lack of joint working across agencies. We are already testing this approach with the 10 new pathfinders and working to make sure that safeguarding partners in all areas have a consistent approach nationally. Where we have seen this working well in practice, we will build on that. This clause will ensure that is delivered in every local authority and for every child.

• 23 Jan 2025 · Children's Wellbeing and Schools Bill (Fourth sitting) · Hansard source

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  To improve the safeguarding and welfare of children and to stop families and children from falling through the cracks of public services, clause 4 seeks to address long-standing issues that hinder information sharing. Current legislation permits information sharing to safeguard and protect the wellbeing of children, but user research has identified that practitioners often feel confident only where there are serious child protection concerns. As a result, information is often held by different agencies, and practitioners are left unaware of crucial data that could provide evidence for the whole picture of a child’s wellbeing, health and safety. That gap in knowledge can make it difficult for professionals to support families, and make it harder for families to be aware of their entitlements and to access the support that they need. The clause gives professionals a clear legal basis to request and share information with other relevant professionals for the purposes of safeguarding or promoting the welfare of a child. It also enables the Secretary of State, by regulations, to specify a consistent identifier for children. Agencies specified in regulations will be required to use the number when recording or sharing information about a child for the purposes of safeguarding or the promotion of welfare. The measures aim to ensure that practitioners share relevant information confidently and consistently. As I mentioned, the Department will pilot the implementation of the consistent identifier and introduce it nationally at a later point. We will test its ability to facilitate the linking of data across datasets. The changes made by the clause aim to ensure that information about a child and their family is shared effectively and that risk is correctly identified and understood. In response to the hon. Member for Harborough, Oadby and Wigston, I should say that information sharing is a two-way duty. The duty, along with the consistent identifier, will help to bring together multiple pieces of information so that practitioners can make informed decisions. As I said, it is standard practice to record decision making, regardless of whether information is shared, and we will ensure that that is covered in the guidance. We are committed to implementing the consistent identifier as soon as possible, but we recognise that it has to be delivered proportionately and where it will have an impact. Before mandating its use by certain agencies, we need to explore information governance, privacy, technology choices, and the associated costs of its implementation and use. We are committed to starting pilot activity from April 2025, subject to the passage of the Bill, and will provide further timings once the pilot findings are known. In response to the hon. Member for Twickenham, I should say that a disabled child would likely be considered a child in need, and so would benefit from the information-sharing duty and a single unique identifier. We need to ensure that systems can talk together, and that is why we are piloting: so that we can see the full cost of the measure and how it can be put in place so that it is as effective as possible in supporting children. On the basis of today’s debate, the reassurances and the significant difference that the measure will make to the safeguarding of children, I commend the clause to the Committee.

• 23 Jan 2025 · Children's Wellbeing and Schools Bill (Fourth sitting) · Hansard source

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  On amendment 12, tabled by the hon. Member for North Herefordshire, and the comments by the hon. Member for Twickenham, I recognise the case that has been made, but we want to prioritise the young people, often with the most complex needs, who are leaving residential or similar care placements at 18. The existing Staying Put duty requires local authorities to monitor and support Staying Put arrangements, where former children stay with their former foster parent after leaving care. The duty lasts until the young person reaches the age of 21. This allows them to leave stable and secure homes when they are ready and helps them to enter adult life with the same opportunities and life prospects as their peers. We remain committed to the Staying Put programme, but it is essential that we prioritise filling the gaps in current support, in particular for young people, often with the most complex needs, who are leaving residential or similar care placements at 18. That is why we have prioritised the introduction of statutory Staying Close duties. Former relevant children, as defined by the Bill, under the age of 25, including those Staying Put or who have left the Staying Put arrangement, will be eligible for Staying Close support. Any eligible young person up to the age of 25 will be able to access the wraparound practical and emotional support package provided as part of the Staying Close duty. To be clear, we are aware of the financial pressures for young people, carers and families and local authorities at the moment. We are committed to further reforms to children’s social care in future spending reviews to make sure that every child, irrespective of their background, has the best start in life.

• 23 Jan 2025 · Children's Wellbeing and Schools Bill (Fourth sitting) · Hansard source

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  The hon. Gentleman is really getting into the detail of how these will work operationally and in practice. We are exploring through 10 pathfinder programmes how this will work most effectively, to ensure that no child falls through the cracks. This will be set out in greater detail to ensure that we have a consistent approach nationally. Obviously, the point is to ensure that it can be tailored to local need; indeed, different areas will ensure that they are bringing the expertise and adding to the capacity already in the system, wherever it is needed, to keep children safe. I implore members of the Committee to support the passing of this clause. Question put , That the amendment be made.

• 23 Jan 2025 · Children's Wellbeing and Schools Bill (Fourth sitting) · Hansard source

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  I totally accept that Members’ comments have all been made with a view to making sure that the legislation can be as effective as it needs to be, and that we all share the desire to ensure that it serves to safeguard children. The right hon. Member for East Hampshire asked whether the information-sharing duty is the same as mandatory reporting. The duty in the clause and the mandatory reporting are intended to address different problems. The information-sharing duty underpins how existing multi-agency partners, along with schools and early years providers, can share—I appreciate the right hon. Gentleman’s philosophical reflection on the word “share”—and request information among themselves so that they can build a full picture of a child. They can then use that to assess risk and put in place appropriate support and intervention. The mandatory reporting of child sexual abuse is due to be introduced in Home Office legislation. It will impose a duty on professionals to report instances of child sexual abuse, and will also impose criminal sanctions on those who prevent others from reporting abuse. The duty in the clause and mandatory reporting have different purposes and different legislative frameworks. The right hon. Member for East Hampshire asked about the terminology and the meaning of the word “share”. In this context, the sharing of information covers the exchange of knowledge, data or insights with others, and it can happen in a number of ways. On the specific question of whether information about an individual child or dataset is relevant, we intend the duty to be about supporting individual children day to day, to ensure their safeguarding and to make sure that they and their families get the support they need. The right hon. Gentleman thoughtfully raised a range of important questions and kindly acknowledged that I would not be able to respond to them all in this debate. We will take them away and work them through, and that will feed into how we pilot this idea and test the system so that we get this right, as he rightly highlighted. The single unique identifier in the NHS system will apply to children up to the age of 18. The right hon. Gentleman asked what would happen to a child without an NHS number; that will have to be considered as part of the pilot, which is why we are undertaking one. This is an important change. We do not underestimate the challenges of delivering it, but we are determined that it will make the difference to children and to safeguarding. Question put and agreed to. Clause 4 accordingly ordered to stand part of the Bill. Clause 5 Information: children in kinship care and their carers

• 23 Jan 2025 · Children's Wellbeing and Schools Bill (Fourth sitting) · Hansard source

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  I thank my hon. Friend for her intervention. Her point is noted.

• 23 Jan 2025 · Children's Wellbeing and Schools Bill (Fourth sitting) · Hansard source

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  The hon. Lady raises an important issue. I fear we are getting into quite broad territory here, which may well be considered not in order when discussing the role of the virtual school head, but I absolutely take the point on board. The virtual school head comes with a range of responsibilities to support the educational attainment of children who come under that authority. Included within that is the responsibility to ensure that the measures taken do support children in dealing with a whole range of challenging experiences that may have resulted in them being within their remit. I take on board the hon. Lady’s particular concerns. I will respond to the hon. Member for Twickenham on the statutory duties on the local authority to promote the educational achievement of children who live in kinship care, regardless of whether they have spent time in local authority care. That is how the entitlement is worded. Virtual school heads will have a duty to provide information and advice, on request, to kinship carers with special guardianship or child arrangement orders, regardless of whether their child was in care. That is how the legislation has been framed. Obviously they are legal arrangements that have been made with the local authority, which brings them under the direction, supervision and responsibility of the virtual school head. I appreciate that the hon. Lady has concerns about that, and they have been noted. With that, I commend the clause to the Committee. Question put and agreed to. Clause 6 accordingly ordered to stand part of the Bill. Clause 7 Provision of advice and other support

• 23 Jan 2025 · Children's Wellbeing and Schools Bill (Fourth sitting) · Hansard source

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  This will build on the work of those teams to make sure that it is rolled out nationally and that every local authority has a multi-agency team that can deliver on those— [ Interruption. ] Does the right hon. Gentleman mind if I just finish answering?

• 22 Jan 2025 · Education, Health and Care Plans · Hansard source

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  I will talk about how we are seeking to address this. I appreciate the extent of the challenge that the hon. Gentleman raises. The fundamental point here is that the additional funding being spent is not actually achieving the outcomes that children deserve. That is why we need to reform the system fundamentally, to improve both the process for families and children and the outcomes for children. The number of education health and care plans has increased year on year since their introduction in 2014. As of January last year, nearly 600,000 children and young people had an EHCP. The plans were introduced as a way of minimising the bureaucracy and time-consuming nature of accessing vital support for children and young people with special educational needs and disabilities, to allow them the opportunities they deserve to achieve and thrive. Over time, however, flaws and lack of capacity in the system to meet lower level needs has added to the strain on specialist services and had a detrimental impact on those who are trying to access support through the EHCP process. As many hon. Members described, that has led to late identification of need and intervention, low parental confidence in the ability of mainstream settings to meet need, inefficient allocation of resources in the system, and inconsistency in practice and provision based on geographical location. All of those problems have contributed to pushing up costs and creating an increasingly unsustainable system. The latest data we hold shows that in 2023 just 50.3% of new EHCPs were issued within the 20-week statutory timeframe. As the hon. Member for Chelmsford set out, this problem is much worse in some areas, leaving children, young people and their families for weeks, months, and in some cases years, without appropriate and adequate support. The Government want to ensure that EHC needs assessments are progressed promptly and plans issued quickly to provide children and young people with the support that they need so they can achieve positive outcomes. We are aware that local authorities have felt this increased demand for EHCPs and the subsequent demand for workforce capacity increases, and we recognise that more efficient and effective service delivery and communication with schools and families is pivotal to both rebuilding and reforming the system. Department officials are continuously monitoring and working alongside local authorities to support those who are having difficulty with timely processing of EHCPs. For those who struggle to process and issue EHCPs within the 20-week statutory timeframe and face challenges in making the improvements required to do so, the Department continues to put in place recovery plans with the aid of specialist SEND advisers where necessary. The Government are absolutely aware of the challenges that families are facing in accessing support for children and young people through this long, difficult and adversarial EHCP process. Independently commissioned insights that we published last year show that extensive improvements to the system and using early intervention, which the hon. Member for Chelmsford mentioned, as well as better resourcing of mainstream schools would have a significant impact on children and young people with SEND who are in need of support. The insights showed that those changes could see more children and young people having their needs met without the need for an EHCP, and within a mainstream setting rather than a specialist placement. As well as that, we have listened to parents, local authority colleagues and partners across education and health and social care. We are considering carefully how to address and improve the experience of the EHCP process and reflecting on what could or should be done to make it more consistent nationally. The hon. Member for Chelmsford rightly says that early intervention is a priority, and we absolutely agree. Children’s earliest years make the biggest difference to their life chances. We recognise the importance of high-quality early years education and care, which can lead to much better outcomes for all children. Having access to a formal childcare setting allows these needs to be identified at the earliest opportunity. It means that appropriate support and intervention can be put in place so that children with special educational needs and disabilities can thrive. We have introduced additional resources for early years educators to support children with SEND, including a free online training module and SEND assessment guidance and resources, and we are reviewing the SEND funding arrangements to make sure that they are suitable for supporting children with SEND. This week we published the updated operational guidance alongside detailed case studies of good local practice to provide more detail to support local authorities and promote greater consistency. The hon. Member for Chelmsford highlighted the broad specialist workforce that is needed across education, health and care. We know that far too many children have been waiting for speech and language therapy. To support the demand, we are working in partnership with NHS England and funding the early language and support for every child programme, trialling new and better ways to identify and support children with speech and language and communication needs. The programme is being delivered through nine regional pathfinder partnerships through our SEND and AP change programme. We know that continuing to build the pipeline of language and speech therapists is essential, so we have introduced a speech and language degree apprenticeship. It is now in its third year of delivery and offers alternative pathways to the traditional route. Finally, although most education, health and care plans are concluded within a tribunal hearing, I have heard concerns from hon. Members about the process. We want all children and young people with SEND or an AP to get the support they need when they need it, which is why we are strengthening the accountability in mainstream settings to make sure they are inclusive. We are working with Ofsted and supporting the mainstream workforce to increase their expertise. We will also increase mainstream capacity by encouraging schools to set up their own SEND provision units, and we are supporting teachers with training so that every teacher is a special educational needs and disabilities teacher. Again, there are no quick fixes, but we are getting on with the job on multiple fronts. I thank the hon. Member for Chelmsford again for securing this important debate, and I thank all who contributed today. Reforming the system and supporting children and young people with special educational needs to achieve and thrive and regain the confidence and trust of families are the goals we all share. My final word goes to all those working across education, health and care. In the interests of our children and young people with special educational needs, I thank them for all they do. Together we can deliver for our children and young people, including those with SEND.

• 22 Jan 2025 · Education, Health and Care Plans · Hansard source

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  It is a pleasure to serve under you as Chair, Dr Huq. I congratulate the hon. Member for Chelmsford (Marie Goldman) on securing this important debate and commend all hon. Members for their powerful contributions. They are great in number and their time was short, but their voices were very much heard, and they have been listened to. They have done their constituents, who I know are facing significant challenges on this issue, justice today. Improving the special educational needs and disabilities system across the country is a priority for this Government. That includes improving the experience of the education, health and care plan process for children and young people and their families. We are clear that the SEND system requires reform, and we are working with families, schools, local authorities and partners to deliver improvements so that children and their families can access the support they need. There are no quick fixes; some of the issues are very deep-rooted in our system, but we absolutely agree that change is needed urgently. As a Government who are absolutely committed to breaking down barriers to opportunities for all children and young people—indeed, all people—we believe the way to achieve that is by ensuring that children and young people get the right support to succeed in their education. The hon. Member for Mid Dorset and North Poole (Vikki Slade) asked whether I agreed that these children and young people should lead happy, fulfilling lives. Absolutely I do. More than 1.6 million pupils in England have special educational needs, and as one report after another tells us, the SEND system is not providing the support that they and their families need. Although high needs funding for children and young people with complex special educational needs and disabilities continues to rise, confidence in the SEND system remains very low. Tribunal rates are increasing, as are waiting times for the support that children and young people desperately need and deserve. Worst of all, outcomes for children with special educational needs are suffering. Just one in four pupils achieve expected standards at the end of primary school—that is out of all children—and children who have special educational needs are falling behind their peers, struggling to reach expected levels in fundamental reading, writing and maths skills. We are committed to changing the system. Families are, we know, battling against it at the moment to get support for their children. We are determined to restore parents’ trust that their child will get the support they need to thrive and flourish. regardless of their additional needs or disabilities. We—the Government and I—understand this cannot wait. We will act urgently to improve inclusivity and expertise in mainstream schools, while also—to answer the question from the right hon. Member for Sevenoaks (Laura Trott)—ensuring that special schools can cater to those with the most complex needs. Effective early identification and intervention are, I absolutely agree, key to reducing the impact that a special educational need or disability may have in the long term. This Government know that, and it is why last July we announced the extension of funded support for 11,100 schools registered on the Nuffield early language intervention programme, helping pupils who need extra support with their speech and language development to find their voice. We are also investing in the system—£1 billion in the special educational needs and disabilities system, and £740 million for councils to create more specialist places in mainstream schools—and our curriculum and assessment review is looking at the barriers that hold children back from having the best chance in life. We cannot do this alone, though. We will continue to work with the sector to ensure that our approach is fully planned and delivered together with parents, schools, councils and the expert staff who we know go above and beyond to support children. I repeat, there are no quick fixes here, but we are getting on with the job and remain committed and determined to deliver the change that children, young people and their families are crying out for.

• 21 Jan 2025 · Children's Wellbeing and Schools Bill (First sitting) · Hansard source

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  Q When it comes to school admissions, do you think the measures in the Bill will help local authorities to fulfil their statutory duties? Could you comment on how you think it will impact on children and schools? Paul Whiteman: We do think it will help local authorities—we think there has been a gap in terms of their ability to ensure that their admissions duty is fully met. To that extent, the difficulty of some parents to find the school that their children really should go to has been fettered. Therefore, we think these provisions are broadly sensible and to be welcomed. Julie McCulloch: We agree. The more join-up we can have between local authorities and schools on admissions the better; there are some areas where that is working really well already, and there are others where that statutory duty might help.