Baroness in Waiting/Government Whip (Baroness Blake of Leeds) (Lab)

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. 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.