77: Clause 6, page 11, line 4, leave out subsection (2)
Member’s explanatory statement
This amendment seeks to enable debate on the implications of adding “and others” before section 23ZZA of the Children Act 1989.
My Lords, I will also speak to my other amendments in this group.
Amendment 77 just asks the question: what is the effect of “and others” at the end of Clause 6(2)? Is it just to enable the insertion of Clause 6(3) or does it have wider implications that I have not noticed?
Amendment 78 is to encourage good and improving practice by making sure that what is being done is published so that it can be assessed and criticised by the local electorate, and there can be a stimulus for doing better. Amendment 81 enables the Secretary of State to enlarge on that by specifying the way in which local authorities should report on the educational achievements of children in need of or in kinship care—again, with the objective of making sure that the information is out there against which the local authority will wish to report improvements. I beg to move.
My Lords, I support strongly this group of amendments.
Does the Minister agree that local authorities would very much welcome the positive effects of these constructive amendments? Thereby, local authority education success stories would become more visible and, as my noble friend Lord Lucas has already implied, that visibility in itself would clearly assist further improvement.
As indicated in Amendments 78, 79 and 80, this would apply to the educational achievements of children in need or in kinship care, as it also should to all previously looked-after children who were adopted.
As correctly advocated in Amendment 80, career and employment opportunities ought to be included as part of educational achievement.
Taking into account the increasing benefits from virtual education, I am sure that the Minister will concur as well that, in these and other respects, and as recommended in Amendment 83, the Secretary of State should equally now review the current and future role and remit of virtual education, so that it can become properly funded.
“seeks to include career and employment opportunities as a part of educational achievement”.
I have spoken many times in this Chamber, and will probably do so again, about the need to ensure that we an educational system that prevents young people becoming NEET.
I will share some statistics with noble Lords. There are 354,000 young people who are unemployed and actually seeking work who are NEET, and 569,000 who are economically inactive and not seeking work. According to the Department for Education’s 2025 report, 41% of care leavers aged 19 to 21 were deemed to be NEET. I add to this that I discovered recently that 66% of young people in Feltham young offender institution and 25% of the adult prison population had been in care. I have no doubt that these figures will ring alarm bells for all of us, and so they should, so what can we do about them?
The main factors that contribute to these figures—the main reason why these young people are in the position they are and NEET—are educational disruption; poor mental health and emotional well-being; lack of stable housing; limited support networks; stigma and discrimination by employers for those young people who have been in care; and inadequate transition planning when they move from education to employment. It is this last point that I will focus on. I hope that all noble Lords, including the Minister, will agree that we must have a system that prepares all young people, in particular those who have been or continue to be in care, to make an effective transition from education to work.
My first question is: can the Minister tell us what tailored and individual careers advice and coaching the Bill will put in place, working with the DWP and all its great partners, to ensure that young people get the service they need? How will the Bill bring employers into the lives of young people at a much earlier stage and dispel the negative assessment they make which keeps these young people out of the workplace? Will she please ensure that every educational establishment publishes its NEET tables, so that we can see what is working, do more of it and help those who are not doing so well? Prevention is much more effective than cure. It costs less in financial terms and puts young people on the right path. It was explained to me that it is better to be a fence at the top of the cliff than the ambulance at the bottom, and I am sure that noble Lords will agree.
My Lords, I support Amendment 79 in the names of the noble Baroness, Lady Barran, and the right reverend Prelate the Bishop of Manchester. Following the statistical barrage from the noble Baroness, Lady Stedman-Scott, I shall give some more. According to the Drive Forward Foundation, children in care on average achieve an Attainment 8 score that is less than half of the overall pupil population. Just 14% of care leavers go on to university, compared with 47% of all young people. Some 22% of care leavers say that they always or often feel lonely, compared with 10% of all young people, and 15% of care leavers report that they do not have a good friend, compared with 5% of all adults. One in three care leavers becomes homeless in the first two years after they leave care, and 52% of children in care have a criminal conviction by the age of 24, compared with 13% of non-care-experienced children. One line in the Bill could achieve so much.
My Lords, my Amendment 83 seeks to address what is currently a series of gaps in the information that we have about the effectiveness of the virtual school head role. Clause 6 extends the statutory duties of the VSH role to children with a social worker and children in kinship care. The question is whether it needs to be put on a statutory footing and what resources are necessary to implement it effectively. As I understand it, we do not yet have the evidence that confirms the positive impact of that role, nor the emergence of value for money.
I take your Lordships to the interim evaluation, which was published in 2024. On page 11, it states:
“The evaluation of Phase Two follows a broadly cyclical pattern of data collection and analysis, alongside ongoing analysis of secondary national datasets … We assumed that there would not be only one way of providing effective support and that the aim at this stage was to support shared learning about potentially effective practice, rather than to conduct an effectiveness trial … The final report for this evaluation … will test whether there are any early signs of progress at aggregate level in attendance, persistent absence, suspension and permanent exclusion”.
I suggest to the Minister that the policy document for the Bill seems to overstate the impact. That policy document says:
“The evaluation of the extension shows early signs of improved educational outcomes … with several local authorities reporting improved attendance, reduced exclusions and enhanced collaboration between education and social care services”.
I am concerned that trends in attendance could be influenced by a range of other factors apart from the presence of the VSH. We therefore possibly have correlation rather than causation. I may have misunderstood things, but can the Minister please correct me if I am wrong?
My Lords, my Amendment 82 would provide further opportunities for children in kinship care to have access to boarding school places where appropriate. The Government should be applauded for their commitment to raising the profile of kinship care as a vital part of the ecosystem for children from broken families. As we heard earlier in the week from the noble Lord, Lord Russell, there are more than 150,000 children in kinship care in England. Kinship carers are unsung heroes, without whom it would be almost inevitable that the care system would buckle.
For most of Part 1 of the Bill, I have taken a back seat as I do not have direct expertise in the many complex areas that it seeks to tackle. However, for this proposal I was the Minister responsible for boarding schools, both state and private, when at the DfE. Noble Lords participating in the Bill will know what a huge task confronts kinship carers when taking on children, more often than not from broken homes and carrying the emotional scars of the unhappiness that has emanated from this breakdown. We have heard how the level of support for kinship carers is patchy at best and often almost non-existent. For many potential kinship carers the prospect will simply be too daunting, even if they might be the best solution in a given set of circumstances.
That is why I am so keen to give much more oxygen to the prospect of offering boarding school places to children in kinship care. Where it works for the child—and, of course, this is not always the case—it can provide a vital partnership to the carer in the upbringing of the child. At the simplest level, the day-to-day caring responsibilities for the kinship carer are reduced to around 16 weeks a year from 52 when boarding school is providing a home for the balance of the time.
I believe it is a dramatically underutilised resource. There is an unexplained squeamishness across many directors of children’s services to use it more. However, when I was the Minister in the area in 2018, we published a small longitudinal report showing just how impactful it could be. By coincidence, it was work led by Norfolk County Council, where I live, and the results were remarkable. We at the DfE then jointly published the report—it is no longer available on the DfE website, which is a shame. I urge the Minister to not only read it—I can send her a copy—but ask officials to put it back up again.
My Lords, I was pleased to be asked to speak to Amendment 82 by my noble friend Lord Farmer, who is unfortunately not able to be here today. As well as the evidence I will refer to, I was in your Lordships’ House back in 2014 when my noble friend gave his maiden speech. A Conservative Party treasurer perhaps brings a certain stereotype to mind. However, you could have heard a pin drop, as a globally successful metals trader spoke of being a young teenager in a chaotic home with an alcoholic single mother. But he went to the boarding house at the state-run Wantage Grammar School. It rescued him.
It made me reflect on the role of boarding schools. I was born and bred in Oakham and I have had to deal for many years with the annoyance of, “You’re from Oakham? So you went to Oakham School, then?” “No”, I reply, “there is a state comprehensive as well in the town, called Catmose College”—which was rated “outstanding” in every category in an Ofsted inspection in 2024, if noble Lords will forgive the shoutout for my state school.
This testimony by my noble friend is supported by the 2023 study by the University of Nottingham’s School of Education, commissioned by the Royal National Children’s SpringBoard Foundation, which found that children in or on the edge of care who attend state boarding or independent schools experience significant educational and financial benefits. They are four times more likely to achieve good GCSE passes in English and maths and five times more likely to pursue and succeed in A-levels, leading often to higher education. The study estimates that, for every 100 children attending boarding schools, lower social care costs and increased future earnings mean there is an economic return on investment of approximately £2.75 million. The report stated that, when vulnerable children in boarding schools were interviewed, they said such opportunities were life-changing.
My Lords, we have no amendments in this group, but we are very sympathetic to them. When you look at all the statistics for children in care, your heart goes out to those young people, and we should do everything humanly possible to help them, develop them, encourage them—and any other adjective you can think of.
I will deal with a few of the amendments. First, I want to deal with the amendment tabled by the noble Lord, Lord Agnew. He may not know Liverpool College, but it is a very successful independent school with a dynamic head teacher, a Dutch American who came to England and did two things. First, he made Liverpool College an academy, and then he decided to make a boarding facility available. He came to an agreement with the local authority that he would offer a percentage of the places to children in care. The results have been spectacular. It is a model that should not be shunned for party-political reasons—“We are not in favour of independent schools or boarding schools”—but should be welcomed, embraced and encouraged.
Secondly, I want to make a point about Amendment 83, tabled by the noble Lord, Lord Bellingham. Again from personal experience, not only did we create a virtual school in Liverpool, but the then director of education, Colin Hilton, said, “I am going to be the virtual parent of these children”. He set up a steering committee of children in care in the local authority and he met with them once a month to hear their issues and their problems. Some might think this was flag waving, but, by taking on that role, he nailed his colours and the colours of the local authority to the mast, and again the results were amazing.
I am in favour of all sorts of information being made available, because it is only by getting information that you know what you have to do and how you can achieve it. Surprisingly, I am the chair of Liverpool’s education, employment and training scrutiny committee; the Labour authority has made a Lib Dem the chair of two of its select committees. The local authority sets a series of targets, and for education those are obviously training, employment and so on. In each quarter, we look at the results next to the targets we hoped to achieve, and I was surprised that children in care were not separated in those figures. I asked for the figures to be separated and that has now happened, so you can track the progress that those children in care are making.
My Lords, I shall speak to Amendment 79, in the name of my noble friend Lady Barran and the right reverend Prelate the Bishop of Manchester, and Amendment 80, in the name of my noble friend Lady Stedman-Scott. While we are of course positive towards efforts that support children with a social worker, those currently and previously looked after and those in kinship care, we question why adopted children are excluded from His Majesty’s Government’s plans to strengthen the role of the virtual school head.
Our Amendment 79 would clarify the role of the virtual school head to ensure that those children in the care of the local authority who are then adopted receive the same support as children with a social worker or those in kinship care. Section 23ZZA of the Children Act 1989 puts a duty on local authorities to
“make advice and information available in accordance with this section for the purpose of promoting the educational achievement of each relevant child educated in their area”.
Clause 6 of the Bill introduces a duty on a local authority to take
“such steps as it considers appropriate”,
which is a much broader role but one that currently does not appear to include adopted children.
As the helpful briefing from Adoption UK sets out, almost half of adoptive parents surveyed for its 2024 Adoption Barometer had sought advice from their local virtual school in the preceding year. The report highlighted the variability in support that they received and the value they placed on the advocacy that a virtual school head could provide with their child’s school. Their exclusion from the Bill appears inconsistent, and we would be grateful if the Minister could confirm either that adopted children will be included or, if they will not be, why not.
Amendment 80 seeks to include career and employment opportunities for children as part of educational achievement. The number of young people who are unable to find employment or further training when they finish their education is alarmingly high. The ONS estimates that 923,000 individuals aged 16 to 24—12.5%—were not in education, employment or training in the period January to March 2025. Although that is down on the previous quarter, I think all noble Lords would agree that the number is way too high and we must act to reduce it.
I thank noble Lords for their thoughtful contributions to this important area of the Bill. I think, hand on heart, we all know that children who need a social worker and children in kinship care experience significant difficulties. Many of them have poorer educational outcomes than their peers as a result, across all key stages. The noble Lord, Lord Storey, is absolutely right that it is important that everyone shares their experience. In Leeds, we always made sure that the scrutiny of children’s services was held by an opposition member; that seems to make absolute sense. We all want the best for these young people, and we must make sure that every area is fully scrutinised.
Clause 6 aims to confer statutory duties on local authorities to promote the educational achievement of such children, increasing their visibility, as we have heard from many noble Lords, and ensuring that they receive consistent expert support to improve their outcomes. In practice, these duties will be discharged by the virtual school head, who will have strategic oversight of the outcomes of these children, raising awareness and improving visibility of their needs—for example, through the delivery of training to schools in effective strategies for improving outcomes. We have just received more information about why this information is so important. For example, it will mean having a real understanding of the numbers of young people who experience school instability, placement instability or social work instability—all of which contribute to their experience in learning and their ability to achieve going forward. As well as this, virtual school heads will have a duty to provide information and advice, upon request, to kinship carers with special guardianship or child arrangements orders, regardless of whether their child spent time in care. We know that virtual heads were first introduced on a non-statutory basis, and we recognise the need for a much stronger basis. I echo the noble Earl, Lord Dundee, about the importance of local authorities in making sure that this moves forward successfully.
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One of the most enjoyable experiences I have had in this House was to be a member of the Public Services Committee, which is so ably chaired by the noble Baroness, Lady Morris of Yardley. Before I left that committee, we produced a report entitled Think Work First:The Transition from Education to Employment for Young Disabled People, but its findings, although they concern specific help for disabled people, have resonance with all young people.
The second recommendation in that report says:
“The Government should work with local authorities to improve the availability of ‘ready to work’ programmes such as that provided by ThinkForward”.
Another happy moment in my career was to develop and deliver the prototype for ThinkForward. I can tell noble Lords that it works and it can be done. It can be done in schools, where the coaches are part of the school management team. Young people at risk of becoming NEET are identified very early and get a dedicated coach who is on the journey with them. The results are that 85% of the 14 to 16 year-olds involved showed significant improvements in attendance; 60% of the school leavers achieved at least five GCSEs at grades A to C; and 96% of the 17 to 18 year-olds were in education, employment or training. I know that ThinkForward and other organisations would be more than happy to work with the Government, and it was a private equity foundation that put the funding model in place to make sure that it worked, so not every penny came from the Government—I hope that that might excite the Minister. So, it can be done, it must be done, and I hope that the Minister will confirm that it will be done.
I hope the Minister will look sympathetically at my amendment. It seeks to fill the evidence gap, both in terms of impact and in terms of resources, before extending the role of VSHs still further. Otherwise, the Government are at risk, in my opinion, of expanding and even diluting the impact of a role without the evidence that clearly demonstrates that it really can make a difference. I hope the Minister will look at this amendment sympathetically and in the spirit in which it is drafted.
In essence, it tracked 52 vulnerable young people for between two and five years. Over that time, 33 of these young people were able to come off the risk register completely following placement in boarding school. Dr Claire Maxwell, who contributed to the report, then a reader in the sociology of education at UCL, highlighted three specific benefits. First, the setting can provide amelioration from risky emotional and physically stressful situations—for example, a circuit breaker from a local gang culture. We heard from the noble Baroness, Lady Stedman-Scott, a moment ago about the number of children from care ending up in prison—it is appalling. Secondly, there is improvement of educational outcomes. Thirdly, it is a more cost-effective solution than other forms of care intervention. Dr Maxwell’s view, and that of charities in the sector, was that successful boarding placements can help strengthen families experiencing significant difficulties. The longer school day that is part and parcel of boarding school life can provide a form of round-the-clock care and is part of the reason for the improved emotional and educational outcomes.
In this study, the 52 children were placed in 11 different boarding settings, a mixture of state and private provision. Some 21% of these children achieved a formal GCSE qualification in maths and English—above grade C, in old money. This compared with a national looked-after children pass rate in that year of 17.5%. These are not dramatic differences, but put alongside the substantial reduction in the numbers being removed from the risk register, it makes for a very positive story. This study also compared costs against more institutional forms of care beyond kinship. At the time of writing the report, the Norfolk Boarding School Partnership had an average cost between £11,000 and £35,000 a year, compared with £56,000 for a looked-after child in a normal or more standard setting. This translated into a saving of £1.6 million over four years for this group.
Obviously, kinship care is more affordable because carers get less support, but my argument is that if boarding was offered to potential kinship carers, the take-up would be much higher, therefore reducing local looked-after children costs. Today, the Royal National Children’s SpringBoard Foundation offers bursaries for looked-after children attending private boarding schools. We know that the educational outcomes for looked-after children remain way below the national average, and this is not a silver bullet—but, combined with the other benefits, as I have outlined, I believe it is a vital additional tool in the box to support these vulnerable children who never chose this harsh route into life. I hope the Minister will support me by agreeing to my amendment to provide more awareness of these opportunities.
This amendment would also make it significantly easier, as my noble friend Lord Agnew outlined, for kinship carers to step forward to offer a home to a child who might otherwise enter the state care system. Not every family will want or be able to house the child 24/7, 365 days a year. That can be a daunting task. They know of course that their own children will be greatly affected, and their house might not be big enough for that extra child. Kin altruism can be greatly aided and encouraged when a child can be educated in this way in the state boarding sector, giving the carer breathing space to attend to all their other responsibilities, while knowing that the child is safe and cared for in the state boarding sector. I hope the Minister will look at the evidence carefully in relation to this matter.
So all these amendments, in one way or another, can only help to further the support that we as a nation want to give to those children in care. On the question of the amendment from the noble Baroness, Lady Stedman-Scott, again, why not? All these issues are important, so I hope the Minister will be sympathetic to them.
Amendments 78 and 81, in the name of the noble Lord, Lord Lucas, seek to require that authorities publish the steps they have taken to promote the process undertaken that has resulted in the educational achievement of the children in need or in kinship care, and that the Secretary of State may specify how this is reported. It is important for successful practices to be shared, and the amendment would ensure that performance can be more accurately measured.
Amendment 82, in the names of the noble Lords, Lord Agnew and Lord Farmer, seeks to provide boarding school places to children in kinship care. The noble Lords raise a most interesting point. It clearly worked very well for the noble Lord, Lord Farmer. Where it works for a child—and that is obviously critically important—it can be a hugely positive experience. That child may have the ability to immerse themselves in education, sports, arts or drama, away from the distractions or dangers that they have previously experienced in their outside school life. It would lessen the time pressures on kinship carers, who we know do an amazing job but often find there are simply not enough hours in the day. We would welcome the opportunity to learn more about the work done by Norfolk County Council, the issues it encountered and how it addressed them. We look forward to discussing this further, and hope the Minister will do so also.
Amendment 83, in the name of the noble Lord, Lord Bellingham, seeks to review virtual school heads and their role in improving educational outcomes for previously looked-after children. There is not yet sufficient evidence to fully analyse the extent of the improvement from the introduction of virtual school heads. As such, this review would certainly help to understand the impact that virtual school heads have had before full implementation. We very much look forward to hearing from the Minister.
In line with what the noble Lord, Lord Storey, said, these all seem entirely sensible and well thought out amendments.
As I say, I welcome the spirit of the amendments tabled, which would ensure that virtual school heads work on behalf of all children, while ensuring that local authorities are rightly held accountable for the delivery of their duties. They would also ensure that previously looked-after children adopted from state care are not inadvertently disadvantaged as a result—I will come back to say more on that later. We are confident that the measures in this clause meet these aims and that, as a result, these amendments are not necessary. I will go into more detail later.
Amendment 77, in the name of the noble Lord, Lord Lucas, seeks to enable discussion on which children are eligible for local authority support and how virtual school heads will promote their educational outcomes. Providing clarity on the children to whom the virtual school head role is extended is important. New Section 23ZZZA(2), to be inserted by Clause 6, provides a clear definition of these children. Specifically, they are children for whom the local authority is
“providing or has provided services”
under Section 17(10)(a) or (b) of the Children Act 1989, as well as children
“in the authority’s area who live in kinship care”.
Amendments 78 and 81 from the noble Lord, Lord Lucas, seek to place a statutory duty on local authorities to publish a report on how they perform in promoting the educational outcomes of these children, and to specify through regulations what local authorities must report on. Transparency and consistency in local authority support are essential for driving improvements, and for ensuring that decisions are made in the child’s best interests and that every child receives support, wherever they live or are educated.
Statutory guidance already requires virtual school heads to publish an annual report summarising strategies for supporting children in their care, while local authorities are held to account through inspections of local authority children’s services. It is vital that we continue to ensure local authorities are held accountable for all children they are responsible for, and that this support is transparent. We will reinforce this accountability by updating statutory guidance to include reporting on strategies for supporting educational outcomes of children in need and children in kinship care. This will ensure greater consistency across all local authorities, enabling continuous improvement in the support provided while allowing for local and regional variations. This Government are committed to ensuring that previously looked-after children who have left care through adoption are supported to succeed in education.
Amendment 79, tabled by the noble Baroness, Lady Barran, seeks to ensure that children adopted from local authority care benefit from the same support that the clause extends to children in need and children in kinship care. I thank the noble Lord, Lord Hampton, for his statistics; it is always useful to have that level of granularity in our discussions.
To repeat, local authorities already have a statutory duty under Section 23ZZA of the Children Act 1989 to promote the educational achievements of all previously looked-after children who have left care through adoption, special guardianship or child arrangements orders. I hope that satisfies the questions that the noble Earl, Lord Effingham, raised on behalf of the noble Baroness, Lady Barran. In addition, subsection (3) of Section 23ZZA allows the local authority to
“do anything else that they consider appropriate with a view to promoting the educational achievement of relevant children educated in their area”.
I would suggest that that level of flexibility adds a great deal in the particular circumstances of each individual child.
The proposed amendment is therefore unnecessary, as the existing legislation sufficiently covers these children’s educational needs. However, we are committed to reviewing and revising the sections on promoting the educational outcomes of previously looked-after children in statutory guidance for virtual school heads. There is no room for complacency here; we have to keep revisiting, refreshing and relooking on behalf of all the children we are talking about. This will present an opportunity to further strengthen sections on support for adopted children, and we will work with the adoption sector on this, including by clarifying and reinforcing the interpretation of the duty and incorporating examples of good practice.