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Childcare Bill

This group of amendments deals specifically with the issue of services for disabled children and young people, which was discussed extensively in both Houses. Like the previous group, it was the subject of many informal discussions that took place among ministerial colleagues and other parties in order to find a way forward. We all want to provide disabled children and their families with the best possible support and advice, and to ensure that all disabled children and young people have the same opportunities as their peers to enjoy life and achieve. The House may recall that the duty relating to disabled children was initially set to end at age 16—over and above the age applying to non-disabled children—to tie in with the statutory school leaving age, so that, for as long as disabled children are of compulsory school age, local authorities would have been required to secure sufficient child care to allow parents to make a choice about work. Sixteen is also the age at which many young people start to be treated as adults: it is the age, for example, at which, if appropriate, disability living allowance stops being paid to the parent or carer and starts being paid to the young person themselves. Other benefits, such as the independent living fund, also start being paid to young people from 16. So initially, there was a sound rationale for thinking that 16 was the appropriate age at which to end the legal duty on local authorities to secure child care. However, and as I have said, since the Bill was consulted on, we have listened very closely to the concerns of charities and parliamentarians representing the views of disabled children and their families, and we have had extensive discussions. We understand that many parents of 16 and 17-year-old disabled young people face real difficulties in finding suitable care that allows them to continue to work. They have told us that this is not about parents wanting additional social or health care, or even free child care; it is about ensuring that the child care market is supported by local authorities to meet the needs of those parents, and enabling them to make a real choice about work or training. As a result of those discussions, I think it appropriate to extend the duty to 18 for disabled children. We will reflect that extension to the age range in the funding arrangements for local authorities for next year, in order to support their preparations for that new duty. I want to explain briefly why the Government amendment does not simply substitute the age 18 for 16 in the Bill. It seems that life—or at least legislation—is never that simple. Members will doubtless be aware that clause 106 defines the age at which a young person is no longer a child. Lawyers have advised that the best way to express the policy intention for disabled young people is to amend clause 6(5) so that the child care duty, except in relation to disabled children, does not apply to children after 1 September following their 14th birthday. That may seem rather tortuous, but in practice it will mean that disabled children will continue to be included in the duty after their 14th birthday and up to the age of 18, when they are no longer children, in accordance with the definition in clause 106. I want to touch briefly on amendments Nos. 16, 17 and 18. It was always the Government’s intention to ensure, through regulations, that information on services, facilities and publications of benefit to parents of disabled children would be made available. Placing that requirement in the Bill will give greater permanence and clarity to the information needs of parents of disabled children. [Interruption.] Amendment No. 16—