Children: Attendance at School (Hansard, 31 March 2004)

§ The Parliamentary Under-Secretary of State, Department for Education and Skills (Baroness Ashton of Upholland)
My Lords, I cannot comment on a particular case. As with any prosecution, it is for the courts to decide on the appropriate sentence, having taken into account all the facts. However, we believe that parents must take responsibility for their children's attendance at school and prosecution can be an effective mechanism for securing attendance in the most intransigent cases.

§ Earl Russell
My Lords, are the Minister and those who brought the initial prosecution aware that Mrs Amos's daughter first got into the habit of staying away from school in order to check up surreptitiously whether her mother collapsed after the arrival of the heroin dealer? Does she regard this as responsible behaviour on the part of the daughter? Does she agree that a government who decide the penalty without considering the circumstances of the case is like a batsman who plays his shots with his eyes shut?

§ Baroness Ashton of Upholland
My Lords, it is for the courts to determine the penalties and not the Government. I shall make it absolutely clear to the noble Earl that, in the view of this Government, the attendance of children at school is critical for the life chances of those children. We believe that we should have at our disposal and at the courts' disposal the opportunity to ensure that that can happen.

§ Lord Marsh
My Lords, will the Minister take this more widely? What is a parent supposed to do to constrict a teenage child? I speak as one who was a somewhat difficult teenager, whose parents suddenly discovered that when I was aged 14, and attempted to impose discipline, which was extremely foolish of them and could have resulted in serious problems. It is not a practical proposition. I do not understand what the Government expect parents to do.

§ Baroness Ashton of Upholland
My Lords, I find it hard to envisage the noble Lord as a difficult teenager. It might give him some comfort to discover that I too was quite a difficult teenager. I accept that it is difficult to be a parent. I recognise that. We have discussed many times in your Lordships' House the array of different ways in which it is our responsibility to try to support parents when children are very young and as they grow up. We do have many opportunities to discuss that. At a previous Question Time, I referred to the fact that I had recently received a leaflet from my children's school, offering me, along with all other parents, the chance to attend courses to support my parenting. I wholeheartedly endorse those types of moves. But I make it plain: it is the responsibility of parents, with our support, to ensure that children get a good education.

§ Lord Elton
My Lords, this action was taken for the benefit of the child, Jackie. Can the Minister tell us what steps have been take by the authorities 1322 responsible for depriving her of her mother's care to see that her care continues to be satisfactory and loving?

§ Baroness Ashton of Upholland
My Lords, I must repeat that I am not able to comment on individual cases. The courts take all circumstances into account in their work.

§ Lord Northbourne
My Lords, will the noble Baroness tell the House whether, in the context of this and similar problems, the Government are planning to expand the availability of affordable parenting education and support?

§ Baroness Ashton of Upholland
My Lords, through the work on the Children Bill, as the noble Lord will know from yesterday, and through the work that we are developing for children and families, we are looking at how best to support, through the work of the parenting fund, for example, organisations that work with parents. As I have already said, we recognise that it is critical to offer support to parents. I repeat that it is absolutely essential that all children receive the benefits that a good education can bring.

§ The Earl of Listowel
My Lords, is the Minister concerned that female prison numbers have risen by 194 per cent over the past decade? Might that suggest that perhaps one should sit on one's hands a little longer and ask whether there should be more constructive interventions than resorting to imprisonment—much as we all would wish that every child should go to school—and recognise the importance of education to children?

§ Baroness Ashton of Upholland
My Lords, it is for the courts to determine the appropriate action in all cases. I am not sure that I can link the comments of the noble Earl with the Question, except in one context: we know that children and young people who do not receive the benefit of a good education are more likely to become offenders and are therefore more likely to be imprisoned.

§ Lord Elton
My Lords, I accept that the noble Baroness cannot comment on particular cases, but she can comment on general arrangements. Can she assure us that arrangements are in place to ensure that, where a child is deprived of the care of a parent—particularly a single parent—the authorities that impose that deprivation will make arrangements for the care of that child? The noble Baroness will be aware, although she may not be able to comment on the case, that, according to the sister of the child in question, those arrangements are not working.

§ Baroness Ashton of Upholland
My Lords, I have said that I am not prepared to comment on an individual case. It would be wholly inappropriate. I agree with the noble Lord that it is important to ensure that children are cared for, as appropriate.

§ Lord Greaves
My Lords, I am sure that the whole House would agree entirely with the Minister that it is 1323 vital that all children receive the best possible education and that for that to happen they should turn up to school. But does she not understand that by simply repeating those comments she has not answered the basic question as to whether a particular punishment—the mother going to prison—and repeating that punishment is appropriate in a case where the parent is clearly unable to enforce the condition that the children go to school?

§ Baroness Ashton of Upholland
My Lords, I understand entirely what the noble Lord is saying. I hope that equally lie understands that it is for the courts to decide the appropriate action to be taken—not for me, as a Minister, or the Government. It is an appropriate course of action if the courts decide that it is. What lies beneath the Question is how we view the importance of education. I believe that it is critical, for all of the reasons of which noble Lords are fully aware, for the life chances of children that we ensure that children receive an education. Under the 1996 Act a variety of different options are available, which we have supplemented, to try to ensure that that happens. One of those is the right of the courts to imprison.

§ Earl Russell
My Lords, when the Minister says that it is for the courts to determine the appropriate penalty, is she making a commitment to abandon the mandatory sentence?

§ Baroness Ashton of Upholland
My Lords, I am making no commitment, as the noble Earl is fully aware.