Clause 7 - Provision of advice and other support

Children’s Wellbeing and Schools Bill – in a Public Bill Committee am 9:25 am ar 28 Ionawr 2025.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Neil O'Brien Neil O'Brien Shadow Minister (Education) 9:25, 28 Ionawr 2025

I beg to move amendment 23, in clause 7, page 12, line 13, at end insert —

“(3A) Where staying close support is provided, it must be provided with due regard to the wishes of the relevant person and a record must be kept of that person’s wishes.”

This amendment would require local authorities to take account of the wishes of the relevant young person when providing staying close support, and keep a record of those wishes.

Photo of Graham Stringer Graham Stringer Llafur, Blackley and Middleton South

With this it will be convenient to discuss the following:

Amendment 40, in clause 7, page 12, line 22, at end insert—

“(vi) financial support;

(vii) financial literacy”

Amendment 41, in clause 7, page 12, line 28, at end insert—

“(c) the provision of supported lodgings, where the young person and local authority deem appropriate.”

Clause stand part.

Photo of Neil O'Brien Neil O'Brien Shadow Minister (Education)

It is a pleasure to serve under your chairmanship, Mr Stringer. As we return to our work on the Bill with clause 7, I want to say that it is still a bit disappointing that we have been through Second Reading, and here we are on the third day of Committee, and we still do not have the impact assessment for the Bill, which could potentially answer some of the questions that we will be raising today. I know the Ministers want to do the right thing in trying to get it out of the relevant committee and published, and I hope they can succeed in doing that pretty soon.

On clause 7, no reasonable person would argue that a young person leaving care does not require some support to live independently. Young people who have not been in care often require years of support to live independently, and they are less likely to be doing so away from home and will be in less difficult circumstances. Again, the Opposition support the Government’s objectives in this clause to provide staying close support, but we have some questions about how it is to work in practice.

First, the Bill gives discretion to the local authority on whether this support is in the best interests of a young person’s welfare. Surely the assumption should be that the support is offered, and it should be the exception to withhold it. One advantage in having the onus turned round would be that the local authority would have to record and explain decisions not to offer that kind of support. What sort of criteria are the local authorities supposed to use to make those choices, and will that be consistent across the country?

Secondly, there is also a question about the process for identifying the person who is to help the young person. The Department’s policy summary quite rightly talks about identifying a “trusted person”, which is obviously very important to this kind of young person. By definition, some young people in care have pretty good reasons not to trust adults around them, so how are local authorities to go about identifying such a “trusted person”? Thirdly, and this is a small point, will there be digital options to support young people? These days, that is clearly the most frequent method that young people use to get information, particularly sensitive information. It gives young people a choice of how they find their information, and there is potentially an opportunity for some good practice here in setting up a good way of communicating with their trusted person.

That leads me to a wider point. As we have gone through this Bill, and we will continue to make this point, there is a risk that local authorities, when confronted with these new duties, will obey the letter of the law, but will they really fulfil the spirit and good intent of Ministers in passing the Bill? Can the Minister be clear that this is not supposed to be just another signposting service? As young people leave care, they need personal advocates who can help them articulate their needs with other agencies, not a phone number or email address to contact. They do not really need more leaflets; they need a human being who can be trustworthy and provide practical help and advice. Signposting can quickly turn into a doom-loop dead end and no help. How does the Minister also envisage the involvement of local charities, some of whom will have had quite long-term links with the young person in care, and how will that be funded?

I will come on to this point on other amendment, but I ask here what the Minister makes of the call from the Our Wellbeing, Our Voice coalition for a national wellbeing measurement of care leavers. That would obviously support some of those points.

Does the Government plan to accept the recommendation of the Family Rights Group to offer lifelong links to all care leavers to help them have better relationships with those that they care about? Again, is there an opportunity here? Many constituency MPs will know people who have been in care and then become carers. There is this cycle—I know several people like this, and I will talk about one of them later on today. If we are getting into the business of continuing relationships after leaving care, which is a good thing, I wonder whether that can become something bigger—a lifelong connection, for those who want it, obviously, as a way of getting much-needed carers to stay in the system.

There is a risk that these measures are all very local authority-focused rather than focused on the needs of the young person. Amendment 23 would ensure that the voice of the child is heard and that we have the information that we need to allow for continuous improvement. It is very light touch. Keeping a record of the person’s wishes would help to protect against the loss of knowledge when personnel change. If things are written down, it is easier for a new person to come in and pick up and understand a bit about what that young person has said they want. In the longer term, it also provides a resource for learning and performance improvement. I talked in the previous session about kaizen and continuous improvement. The amendment is designed to support that, to improve continuity and to make sure that the voice of the young people for whom this very sensible form of care is to be provided is heard.

Photo of Darren Paffey Darren Paffey Llafur, Southampton Itchen

It is a pleasure to serve under your chairmanship, Mr Stringer. I rise to support clause 8 stand part. [Interruption.] Sorry, my mistake.

Photo of Ian Sollom Ian Sollom Liberal Democrat Spokesperson (Universities and Skills)

It is a pleasure to serve under your chairmanship, Mr Stringer. The Liberal Democrats welcome the new requirements on local authorities in the clause to assess whether certain care leavers aged under 25 require the provision of staying close support. The charity Become, which supports care-experienced children, has found that care-experienced young people are nine times more likely to experience homelessness than other young people and that homelessness rates for care leavers have increased by 54% in the last five years. This is a really important clause.

Amendment 40 deals with the definition of staying close support. It uses the existing definition of the services, which should be set out in the local offer from local authorities. Become’s care advice line has found that care leavers are often unaware of the financial support available from the local authority, such as council tax discounts, higher education bursaries and other benefits. That can lead them to face unnecessary financial hardship. That is the reason for the financial support part of the amendment.

More generally, financial literacy can have a huge negative impact on care leavers, who are more likely to live independently from an earlier age than their peers—they are not necessarily living with parents or guardians. We would really like to see local authorities lay out that financial literacy support to help them understand what is available to them.

Amendment 41 would add information about supported lodgings to the list of available support services. Supported lodgings are a family-based provision within a broader category of supported accommodation. A young person aged 16 to 23 lives in a room within their supporting lodgings, which are the home of a host, who is tasked with supporting the young person as they go towards adulthood and independence, giving them practical help and teaching them important life skills such as financial literacy, budgeting and cooking. Requiring local authorities to signpost care leavers to any of the supported lodging provisions in their area could make a real difference to those young people and their lives, so I would really appreciate support for the amendment.

Photo of Catherine McKinnell Catherine McKinnell Minister of State (Education)

I will speak to amendments 23, 40 and 41 and to clause 7.

Amendment 23 was tabled by the hon. Members for Harborough, Oadby and Wigston and for Central Suffolk and North Ipswich, and I thank them for it. The amendment draws attention to an important principle that must run through the whole approach that local authorities take to listening and responding to the wishes and feelings of their care leavers. When a local authority is assessing what staying close support should be provided to a young person, it should have regard to their wishes, which is why we intend to publish statutory guidance that will draw on established good practice that we want all local authorities to consider. It will cover how that will work, with interconnecting duties, especially the duty to prepare a pathway plan and keep it under a review. In developing and maintaining the plan and support arrangements, there is a requirement for the care leaver’s wishes to be considered.

In response to the specific questions raised by the hon. Member for Harborough, Oadby and Wigston, as I said, pathway planning is already a statutory requirement to eligible care leavers, so the statutory guidance will set out how and when care leavers should be assessed based on their own needs and using the current duties to support care leavers with reference to a trusted individual. Those individuals will often already be known to the young person, such as a former children’s home staff member, and that will clearly be set out in the statutory guidance. We will base that on the best practice that we see already in train.

On the lifelong links, we are currently funding 50 family finding, befriending and mentoring programmes, which are being delivered by 45 local authorities. The programmes will help children in care and care leavers to identify and connect with important people in their lives, improving their sense of identity and community and creating and sustaining consistent, stable and loving relationships. I recognise the points that the hon. Gentleman made. The Department for Education has commissioned an independent evaluation of the family finding, befriending and mentoring programme, which will inform decisions about the future of the programme and how it will work.

On amendment 40, each care leaver will have their own levels of need and support. Local authorities have a duty to assess the needs of certain care leavers and prepare, create and maintain a pathway for and with them. Statutory guidance already makes it clear that the pathway planning process must address a young person’s financial needs and independent living skills. Where eligible, they will be able to have access to financial support and benefits as well as support to manage those benefits and allowances themselves. That will be strengthened by the support made available through clause 7, including advice, information and representation, to find and keep suitable accommodation, given that budgeting and financial management issues can be a significant barrier to maintaining tenancies for many care leavers. That will include advice and guidance to local authorities to aid in the set-up and delivery, building on best practice of how current grant-funded local authorities are already offering support to access financial services and financial literacy skills for their care leavers.

To respond to amendment 41, we know that some care leavers may not feel ready to live independently straight away; that is where supported lodgings can offer an important suitable alternative. They are an excellent way for individuals with appropriate training to offer a room to a young person leaving care and a way for that young person to get the practical and emotional support to help them to develop the skills they need for independent living. We will continue to encourage the use of supported lodgings for care leavers where it is in the best interests of the young person.

However, we do not feel that amendment 41 is needed. Clause 7(4)(a) specifies that staying close support includes help for eligible care leavers

“to find and keep suitable accommodation”.

That will include support to find and keep supported lodgings where the young person and the local authority consider it appropriate. We will make that and other suitable options absolutely clear in statutory guidance, building on the best practice from the current staying close programme.

Photo of Munira Wilson Munira Wilson Liberal Democrat Spokesperson (Education, Children and Families)

It is good to hear that supported lodgings will be referred to in statutory guidance. I heard from the charity Home for Good, which is involved in setting up those networks of local authorities that provide supported lodgings, that in some local authorities money for supported lodgings cannot be found, because the local authority thinks that fostering money cannot be used for supported lodging and that it cannot use staying close support. Real clarity that staying close support funding can be used for supported lodgings is important to make this option work.

Photo of Catherine McKinnell Catherine McKinnell Minister of State (Education)

I appreciate the hon. Lady’s interest in this matter. We will produce the statutory guidance to make all this absolutely clear.

Before I come to clause 7 stand part, I want to respond to an additional question from the hon. Member for Harborough, Oadby and Wigston that I did not answer earlier. He asked about digital options and, as someone standing here using an iPad, I recognise the importance of that, particularly for young people. The local authorities already work with a range of digital options to connect with their care leavers, and we would certainly expect that to continue, and expect good practice to continue being developed and to be set out in the statutory guidance.

Turning to clause stand part, clause 7 requires each local authority to consider whether the welfare of former relevant children up to the age of 25 requires staying close support. Where this support is identified as being required, the authority must provide staying close support of whatever kind the authority considers appropriate, having regard to the extent to which that person’s welfare requires it.

Staying close support is to be provided for the purpose of helping the young person to find and keep suitable accommodation and to access services relating to health and wellbeing, relationships, education and training, employment and participating in society. This support can take the form of the provision of advice, information and representation, and aims to help to build the confidence and skills that care leavers need to be able to live independently.

The new duties placed on local authorities by this clause will not operate in isolation. They will be part of the existing legislative framework, which sets out the duties that every local authority already owes to its former children in care aged 18 to 24. This clause enhances and expands the arrangements for those children by supporting them to find long-term stable accommodation and access to essential wraparound services. The new statutory guidance will set out what the new requirements mean for local authorities and will draw on established good practice—for example, the role of a trusted person to offer practical and emotional support to care leavers.

On that basis, I hope I can rely on the Committee’s support for clause 7.

Photo of Neil O'Brien Neil O'Brien Shadow Minister (Education)

I would like to push amendment 23 to a vote.

Question put, That the amendment be made.

Rhif adran 4 Children’s Wellbeing and Schools Bill — Clause 7 - Provision of advice and other support

Ie: 5 MPs

Na: 11 MPs

Ie: A-Z fesul cyfenw

Na: A-Z fesul cyfenw

The Committee divided: Ayes 5, Noes 11.

Question accordingly negatived.

Clause 7 ordered to stand part of the Bill.