Andy Smith and Ruth Stanier gave evidence.

We will now hear oral evidence from two more witnesses. We must stick to the timings: this session must end at 10.30 am. Will you briefly introduce yourselves, please?

Andy Smith:

My name is Andy Smith. I am the president of the Association of Directors of Children’s Services. In my day job, I am director of children’s services and adult social services in Derby.

Ruth Stanier:

I am Ruth Stanier, assistant policy director at the Local Government Association.

Thank you for coming. We have an important principle in local government called the new burdens doctrine, which is that if the Government put a burden on local government, they pay for it. Given the various new duties and obligations that the Bill will place on local government, do you agree that that principle should be followed and that local government should be funded to implement those duties? Secondly, what is your understanding of the current situation? Is funding being offered to implement the duties in the Bill?Q

Ruth Stanier:

Thank you for those extremely important questions. We very much welcome many of the measures in this Bill, which we have long been calling for, but they must be appropriately resourced to have the impact that we want.

Would you like to see resourcing clearly specified in this Bill?Q

Ruth Stanier:

You are absolutely right that the new burdens doctrine must be applied in the usual way. There are a number of measures in this Bill for which additional funding will be required, for example the new multi-agency units. We are encouraged that at this stage we are already having early discussions with the Department about the implementation arrangements. We are yet to undertake the full cost estimates, but that work will be set in train with the Department.

That is very helpful. Clause 18 provides for regulations to be made on agency workers and their pay. We would all like to spend less on all these different things, but even though we might be sympathetic to the ideas in the Bill, do you agree that if we just cap prices without taking action on supply, it will fail, because the underlying cause of the high prices has everything to do with supply and planning over time?Q

Andy Smith:

You have to cover both. It has been incredibly important and positive that the Government have taken forward measures to tackle the cost of agency workers. We are seeing the impact of the measures that have taken place already. For example, on Friday in my region we were talking about the implications and impact of the changes that have started to be implemented. We are seeing less churn of workers from one authority to another; we are also seeing some agency workers move over to the permanent books of councils, which is better for children.

It is also important to ensure that we have a sufficient approach and strategy for the workforce generally. That covers all elements of the Bill, so it would include social work but also other professions and other agencies where we have particular challenges. Yes, we absolutely need to focus on the recruitment and retention of social workers as well as tackling the costs of agency workers. I believe that that is already under way and is making some impact.

Q Are there any other ways in which you would like to see the Bill amended?

Andy Smith:

I think some things are missing from the Bill. There are some things that will be positive; no doubt we will come to those. What was disappointing, from the policy paper to where we are now, was the lack of corporate parenting: we would have expected to see all Government Departments committing to corporate parenting. We see that lack as a real disappointment, actually. It feels like a once-in-a-generation time for us to focus on the wider responsibility that all Departments should have for our children in care, so that is a particular gap in the Bill.

Ruth Stanier:

I very much agree on extending the corporate parenting duty—this must be the right time and the right Bill to do that, and the Government have already committed to doing so in a recent policy paper, so it is really important we get that included. We were also disappointed that the Bill does not have powers for Ofsted to inspect multi-academy trusts, which was a Government election manifesto commitment. We support the similar new powers relating to care placement providers, but in respect of trusts that is an omission.

I am sure you will want to come on to discuss the elective home education provisions. We do support those, but there could be scope for them to go further. In an ideal world, councils would have the power to visit any child where there were concerns. Obviously, that would need to be appropriately resourced, but there could be scope to go further on that provision.

Q Thank you both for being witnesses before the Committee. A question to you both: what impact will the Bill have on children and their families entering, or at risk of entering, the children’s social care system?

Andy Smith:

A strength in the Bill is the focus on family help and early intervention. We talk a lot about the cost of the care system, but we need to see this in a much more strategic context and sense. We know that there is a lot of evidence. We published research last week showing that for councils that have been able to invest and maintain early help services, it has a direct impact on reducing the number of children coming into the more statutory end of things within children’s social care or the looked-after children service.

The challenge is that we have real variability around early help services across the country, because of the difficulties there have been with council budgets over the past 10 years. Seeing these reforms and the focus on family help in its totality—this goes back to the earlier question about the funding required to implement the reforms—will make a positive impact. It is ultimately better for children to remain with their families. If not, there is a big focus on kinship care, where children remain in the family network. That is a real strength in the Bill.

Ruth Stanier:

I completely agree with that. We very much support the measures on support for kinship families. We think that is a very important area.

Q How do local authorities currently discharge their duty to ensure that children receive a suitable education? What impact will the measures in the Bill have on this?

Ruth Stanier:

We very much support the new duty to co-operate across councils and all schools. It is something we have long been calling for. Of course, councils continue to have duties to ensure that there is appropriate education for every child in local places. Having the statutory underpinning set out in the Bill on co-operation across all schools is so important, particularly when we are thinking about councils’ duties in respect of SEND, where the system is under enormous strain, as was illustrated by an important report we commissioned jointly with the county councils network last year. We very much welcome those measures in the Bill.

Andy Smith:

The education system in England is increasingly fragmented and lacks coherence. We see the role of the local authority essentially eroded, even though our duties have not changed that much. The measures in the Bill will be helpful in trying to bring some of that coherence back and in recognising the role of the local authority on directing academies, school place planning and admissions. The current system works for some children but not all. Trying to rebalance that is a positive step forward.

Q The register of children not in school is supported by many parties and organisations, but under clause 25 a huge amount of detailed information will be requested of parents. In your professional view, Andy, do you think your directors of children’s services need all this information to safeguard children? If so, why?

Andy Smith:

ADCS has long argued for a register of electively home educated children. For several years we carried out a survey ahead of this information being collected by the Department. We know that the number of children being electively home educated has increased exponentially, particularly since the pandemic. We need to be really clear that the measures, in themselves, will not protect children or keep them safe. The child protection powers are welcome, but we need to think about the capacity and resource that will be required to visit children in their homes and the training that will be required for staff who are going out doing visiting so that they can tune into issues around safeguarding and general wellbeing.

The measures in the Bill are certainly very detailed in terms of what is contained in a register, and there may be some reflection on whether there needs to be such a level of detail captured. That in itself is not going to keep children safe.

There is also some reflection about the relationship that local authorities have with parents, because the reasons why children are being electively home educated have shifted. We have moved away from the kind of philosophical reasons why parents might decide to home educate. Often, children are being home educated because of bullying, because of mental health challenges, or because their parents are being encouraged by schools to electively home educate.

We are also seeing an increasing proportion of children with SEND who are being electively home educated because parents are not getting the provision that they want—it is not available—or because of the tribunal processes. The kind of relationship that local authorities have with parents in that SEND context is quite challenging, and yet the local authority will be going in to the family home, with an officer asking lots of questions about the nature of that education. I think there is some reflection around the detail.

Local authorities need much clearer guidance on what a good elective home education offer looks like so that there is greater consistency across the across the piece. At the moment, we just have not got that because we are talking about very old legislation.

Q Ruth, the Bill gives the Secretary of State powers to implement, if necessary, profit capping on private providers of children’s care homes and fostering agencies. It is very clear that there is a huge amount of profiteering. Do you think that is the right way to go about tackling the issue, and what could it mean for sufficiency of places?

Ruth Stanier:

We very strongly support those measures in the Bill, and we have been calling for them for some time. Just creating the powers sends such an important signal to the market in and of itself, but should it not have the desired impact, we hope the Department will go on to put regulations in place. The level of costs has just spiralled out of control, leaving councils in an absolutely impossible situation, so it is excellent that these measures are being brought forward.

We very much welcome the measures in the Bill to put in place greater oversight of providers, because clearly there is that risk of collapse, which could have catastrophic impacts on children in those placements. This will not solve the problems with sufficiency in the number of placements, and we continue to work closely with the Department on measures to tackle that.

Q With your experiences in mind, do you think it is right that local authorities that want to open new schools can currently only seek proposals for academies? Under the Bill, they will be able to invite proposals for other types of school. What implications do you think that will have for pupils?

Ruth Stanier:

We very much welcome this measure, which we have long called for. Councils continue to have the duty to ensure that places are available for all local children, and having the flexibility to bring forward new maintained schools, where that is appropriate, is clearly helpful.

Andy Smith:

ADCS’s view is that the education system must absolutely be rooted in place, and directors of children’s services and local officers know their places really well. The measures in the Bill around direction of academy schools are a welcome addition. The end to the legal presumption that new schools will become academies, and allowing proposals from local authorities and others, is very welcome. Local authorities understand planning really well, and they understand their place and their children really well. I think that will ultimately be better for children.

Q I want to ask about elective home education, but first, very quickly, we are going to legislate in this Bill for the provision of breakfast at primary schools. Has either of your organisations received any guarantees about the future of existing support for breakfast clubs in secondary schools, or the future of the holiday activities and food programme?

Ruth Stanier:

We very much welcome the provisions in this Bill around breakfast clubs. We think it is incredibly important that—

Forgive me, but that is a different question. We know what the legislation proposes for primary school breakfast, but my question was about whether you have heard anything—whether you have had any guarantees—about the future of existing support for breakfast clubs in secondary schools in underprivileged areas, or for the holiday activities and food programme.

Ruth Stanier:

On the first of those issues, I am not aware of any such guarantees or representations. I can see the point you are making, which is important. In respect of holiday activities, I have seen recent media coverage that seems potentially positive. Clearly, we very much want that support to remain in place.

Andy Smith:

My view would be similar to Ruth’s. The evidence and the impact of HAF are so tangible. We absolutely strongly support that continuing for the most vulnerable children.

Q Turning to elective home education, as Munira Wilson said, there is a great deal of detail in the Bill about information that will be required of parents—for example, the allocation of individual parents’ time dedicated to the education of that child, and so on. Andy, I think you rather diplomatically said that perhaps we needed some reflection on the text. I wondered if you might reflect out loud, and say if you think it goes into an unnecessary level of detail that might be considered rather onerous for parents who are home educating—sometimes in very difficult circumstances—and indeed for your colleagues in local government. Have you made an estimate of how much cost would come with this system?

Andy Smith:

We have not made a estimate about how much cost would come with the system. Clearly, there would need to be a new burdens assessment on any changes, because you cannot do these reforms on the cheap. It is really important to make that point.

From previous surveys that we have done with local authorities on elective home education, it is evident that over the last 10 to 12 years, the capacity has been hollowed out. You are often talking about not even a full-time post. In my authority, for example, we have less than one full-time equivalent worker on EHE, who goes out and knocks on doors and tries to talk to parents. If you superimpose the changes envisaged by the Bill, that provision would be significantly insufficient. This is much more than an administrative task. Some councils have an admin-like role that undertakes this function.

Notwithstanding whether there is currently too much detail, if we think about the practical things around visits, understanding the offer, trying to understand what is happening to children and building up that picture, there would need to be sufficient capacity to get sufficient workers in post across places to do that, and they would need be sufficiently trained. That is probably more important in terms of the line of sight on the child than having a huge amount of information and detail about mums and dads and carers.

Q A question that often comes up with electively home-educating parents is about the support that is or is not available to them in their efforts. The Bill does make provision for support to those parents, but on page 55, it says:

“The advice and information to be provided is whatever the local authority considers fit”.

You mentioned a moment ago that there would be some benefit in having more consistency across the country. Would you give a few thoughts on what you think “fit” is in terms of that support? In particular, a question that often comes up from parents is about entry into examinations.

Andy Smith:

What constitutes a good elective home education offer will be very different depending on the parent and on the context, and depending sometimes on the rationale around why parents decided to implement EHE for their child. There should be some consistency around what those expectations are. We know that parents provide some fantastic enriched opportunities for their children through EHE and they are able to also sit exams, and there will be some learning from that.

The challenge in this space is that we are not starting with a level playing field. We have moved from a context where we were maybe 10 or 15 years ago, where you had parents who were EHE because of philosophical reasons around that being important for children and for their particular lifestyle. We are now often talking about kids who are not in school because they have been sidelined or discriminated against, because they are SEND or because they are being bullied. There needs to be some expectation and understanding around their starting points as well as what a good offer looks like.

We need to work that through based on the research. We need to try to co-produce that with parents. We need to do that in a way that we think will be broad enough not to tie parents down, but to ensure some consistency, particularly in terms of what the local authority role is and understanding the impact of that.

Ruth Stanier:

I want to stress that if it were to be mandatory for councils to pay for exam fees, because clearly there is a case for that, it obviously would need to be funded.

We still have six keen people wanting to come in, so can we have brief single questions and answers, please?

Q I draw the Committee’s attention to the fact that I am a corporate parent in Lancashire. I am interested in the powers on financial oversight and profit caps on residential children’s homes in particular. What impact do you foresee that having on the resources you have available to look after children?

Ruth Stanier:

We very much expect that these measures should, over time, lead to a reduction of some of the extremely high costs that have been set out in recent research we have done. That should free up some additional funding for all the other things councils need to be doing.

Andy Smith:

If you look at the breadth of measures in the Bill around having the right placements for the right type of child in the right part of the country, and having regulations to try to move away from unregulated placements—we have seen the proliferation of those in recent years—over time we should start to see a more consistent provision of accommodation and placements across the country. There is a focus on fostering, kinship care and prevention as the continuum that we need for children, and there is a real focus on trying to keep children out of care in the first place.

Q Clause 8 specifies that local authorities need to set out a local offer. You have talked about the need to avoid fragmentation, and about corporate responsibility across the country and across Departments. Would you like to see the Bill amended to require a national offer of support to care leavers, and what do you think should be in it?

Ruth Stanier:

We certainly would want to see corporate parenting duties extended at a national level to Government Departments and relevant public sector bodies. We think that is incredibly important. Otherwise, we are very much supportive of the measures in the Bill in respect of the kinship offer, though we think it is important that there is a clear threshold for that support so that it is realistic and affordable and can be implemented.

Andy Smith:

I would support that. A national offer for care leavers is an interesting concept. There should be some absolute minimum requirements we expect in an offer, and I think you would broadly see that in many councils in what is provided for children in care and for care leavers. It is usually co-produced with representatives who were care leavers, and with councils and so on. I think that would be an important reflection within the context of a much broader understanding of corporate parenting.

We heard in earlier evidence that spending on early intervention has reduced while crisis costs have significantly increased. What do you think will be the impact of early intervention, including family group decision making, primarily on outcomes but also, in the longer term, on costsQ ?

Ruth Stanier:

We very much think that the measures in the Bill will help to pull funding to the left, further upstream into prevention. We warmly welcome the Government’s recent investment in the children’s prevention grant. We think that the measures should help to improve outcomes and reduce costs over the longer term.

Andy Smith:

It is absolutely a false economy not to invest in early help and early intervention. We know that the evidence base is so strong on children escalating into higher-cost services. My authority has invested in early help services, and we have an edge of care team that targets children on the edge of the care system. When we are able to prevent them from going into care, we track the cost avoidance, looking at what a typical placement might have cost. We have saved in excess of £5 million over the last three years in cost avoidance.

The case is well argued. The challenge is that councils are at different starting points because of the way in which funding has been eroded over the last 10 years and the fact that many councils have to prioritise the higher-cost services, which often take away from early intervention. It is a false economy. If we can get the funding right, the Bill offers us an opportunity to invest in family help and early help services and start to see impacts much more consistently. We are beginning to see some of that from the 12 Families First pilots that are taking place.

Q I completely agree on the need for stable safeguarding teams, and they are in the better interests of children, but can you completely rule out any risk that a statutory cap on the use of agency workers will lead to people leaving the profession?

Andy Smith:

I cannot absolutely rule that out. We have significant churn in social work, and that is part of the challenge—that we are struggling, as a system, to recruit and retain social workers. We have lots of routes into social work, and we are doing lots to promote the role. I am a social worker. I love it, and it is brilliant, even though I have not practised for a number of years now. The measures in the Bill will go some way in setting some rules around how and when social workers can move into agency social work, but I cannot guarantee that it will stop or prevent the churn in the system. The Bill outlines one tool that will help with the stability that we need in the workforce, and that ultimately leads to better outcomes for children.

Q With the requirement for registers of electively home-educated students, do you anticipate a sizeable decrease in the number of children missing education?

Ruth Stanier:

It is an interesting question. I am not sure that that would necessarily follow. As Andy has set out, we see these very clear upward trends at the moment, in part driven by the significant problems in the SEND system and the challenges that many children face, with the schools that they are in, in accessing the support that they need, including mental health support. I am not sure that that would necessarily follow.

Andy Smith:

You have to overlay the implementation timeline of this Bill with what needs to happen around a new system for an inclusive education. That will start to impact on some of the cohorts of children who are missing education or being electively home-educated. There is such a strong SEND component now, in a way we did not see before the pandemic. We have to overlay the two things to understand what those impacts might start to look like.

Q Before the election I visited Linwood school’s Charminster site, and I spoke to a young girl with support needs around SEND. She told me about a meeting with a new social worker, who asked her how her parent was. She had to tell the social worker that her parent had died. That is just one of many examples of social workers who pick up new cases and do not have time to read notes. We have constant churn, and we know some of the human cost. Can you speculate about or estimate some of the financial savings from reinvesting into a permanent workforce the money that would be spent on local agency social workers? How much would local councils benefit from this measure?

Andy Smith:

An agency social worker costs around a third more than a social worker on the books of a local authority. You can extrapolate what that would look like from a team of eight or nine social workers to two or three times that. Financially, it is definitely a much better option than having an agency worker. That is not to say that agency social workers are bad—that is not what I am saying—because there could well be, and are, occasions when local authorities need to employ agency social workers to cover sickness or maternity leave, or where there is a particular pressure. But it should be an exception rather than the rule.

It is about creating the conditions that enable social workers to want to stay on the books of local authorities, as well as putting rules around it so that workers have sufficient training and development, and cannot move to agencies too quickly before they have had that breadth of experience. Ultimately, it would be cheaper to the public purse if we had fewer agency social workers and more social workers on the books. It would also be better for children in terms of consistency and stability, because we want to try to reduce the hand-offs and the churn in the workforce.

You have mentioned a couple of times the change with elective home education from philosophy to reasons around the provision in schools. Do you have thoughts on what accountability there should be for schools? Ofsted currently inspects the schools, and it does not look at reasons why children might not be in school electively. Is there some mechanism that you see around that?Q

We have 30 seconds. We have to stick to the programme motion; I am sorry.

Ruth Stanier:

We very much welcome the fact that the Government are now asking Ofsted to look specifically at inclusion. We think it is so important for precisely that reason.

Thank you very much to our witnesses.