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Welfare Reform Bill

I can understand why the noble Baroness, Lady Meacher, has tabled this amendment but I hope, once again, to be able to reassure her that it is unnecessary. Section 19 of the Jobseekers Act 1995 allows for the denial of jobseeker’s allowance in specified circumstances. Broadly, these are that a person has, without good cause or just cause, failed to carry out a jobseeker’s direction; failed to take up a place on a training scheme or employment programme; lost his job through misconduct; left his job voluntarily; or refused a reasonable opportunity of employment. Section 19(8) enables regulations to prescribe the matters to be taken into account in determining whether a person has good or just cause for any act or omission with respect to these requirements. Regulations made under that provision ensure that the availability of suitable childcare forms part of the consideration. Regulation 72 of the jobseekers regulations 1996 relates to decisions under Sections 19(5)(a) and 19(6)(c) of the Jobseekers Act. This regulation states that account must be taken of any caring responsibilities which would, or did, make it unreasonable for the person to undertake a particular employment or carry out the jobseeker’s direction. The regulation also requires that regard must be had to whether childcare is reasonably available and, where it is, whether it is unsuitable due to the parent’s particular needs or those of the child. Regulations 73 and 73A make similar provision in relation to good cause for failure to participate in training schemes or employment programmes and in respect of just cause in cases of voluntary unemployment. The Government are cognisant of the fact that parental employment is likely to be predicated on the availability of suitable childcare. That is why we have invested heavily in our childcare strategies, and it is why we have already put regulations in place to ensure that this is a factor taken into account in deciding whether or not to deny benefit to jobseekers. I should make it clear, as I hoped I had in our earlier deliberations, that it is for parents to decide which childcare provision is suitable for their children. That applies to older as well as younger children. Jobcentre Plus advisers will not make that decision on parents’ behalf; we believe that such approach would be counterproductive as a parent is unlikely to be able to work efficiently or participate effectively in work-related activities if they are worried about how their child is being cared for. However, if a parent makes representations that no suitable childcare is available to them, we will need to be satisfied that such claims are reasonable. Jobcentre Plus will ensure that the person has made reasonable efforts to determine what childcare is available in the area—for example, by contacting local family information services and visiting local childcare providers. If from its knowledge of local provision Jobcentre Plus believes that the search has been less than exhaustive, it will help the person to identify other possible options. When the local provision has been thoroughly investigated, the parent will need to explain why they consider each provider available to them to be unsuitable to their needs or the needs of their child. If there is a fairly limited range of provision available or there are extenuating circumstances, it may be quite reasonable for the parent not to take up the provision on offer. The noble Baroness, Lady Meacher, asked about our definition of affordable. It is within the tax credit limits: £175 for one child and £300 for two or more. As for 14 year-olds and out-of-school clubs, we should bear it in mind that lone parents can restrict availability down to 16 hours a week. Of course, 14 year-old children are in school for 30 hours a week, so within that context there should not be a problem, because the Childcare Act 2006 places a duty on local authorities to ensure sufficient childcare for children up to the age of 14. The noble Lord, Lord Northbourne, referred to playing fields being sold off and extended schools not being available. The Government aim for all schools in England to become extended schools by 2010, offering a range of services, including childcare and study support, from 8 am to 6 pm weekdays throughout the year. Some 15,550 schools—that is, 71 per cent of the total, 17 per cent of them primary schools and 79 per cent of them secondary schools—with more than 5.2 million pupils on roll are now offering the core extended service.