9. Debate: The Children's Commissioner for Wales's Annual Report 2021-22

– in the Senedd at 3:57 pm on 18 October 2022.

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Photo of David Rees David Rees Labour 3:57, 18 October 2022

(Translated)

So, we will move on to item 9.

Photo of David Rees David Rees Labour

And—. Oh. Excuse me, Minister, are you speaking for the Government? Ah, right. We had it that the Minister for education would be speaking.

Photo of David Rees David Rees Labour

(Translated)

Item 9, a debate on the Children's Commissioner for Wales's annual report for 2021-22. I call on the Minister, Jane Hutt, to move the motion.

(Translated)

Motion NDM8094 Lesley Griffiths

To propose that the Senedd:

Notes the Children’s Commissioner for Wales’s Annual Report 2021-22.

(Translated)

Motion moved.

Photo of Jane Hutt Jane Hutt Labour 3:57, 18 October 2022

Diolch yn fawr, Deputy Llywydd. I'm really pleased to have this opportunity to lead this important debate with Members on the children's commissioner's annual report for 2021-22. The commissioner's annual report provides an annual independent spotlight on children's needs and their rights, and ensures we maintain a collective focus on them. This report provides an opportunity for us to reflect on progress and to consider how we can continue to make improvements to the lives of children and young people in Wales.

I'd like to start by welcoming our new Children's Commissioner for Wales, Rocío Cifuentes, who began her term in office in April of this year. I've met the new commissioner on several occasions since her appointment, and I welcome her commitment and dedication to upholding children's rights since taking up this important role. She's used this initial period to meet children and young people throughout Wales, and I look forward to seeing the outcome of her large-scale engagement exercise, Ambitions for Wales, which will enable children and young people to have their voices heard and to influence her three-year work plan.

I'd also like to take this opportunity to thank the former commissioner, Professor Sally Holland, for all the work that she's done for children and young people. This report is reflective of her final year in office, as the former commissioner.

The commissioner rightly highlights in her introduction the impact of the COVID-19 pandemic, and now the cost-of-living crisis, on children and young people and their families, and I'd like to assure Members that we as Government will continue to do all we can within our powers to tackle inequalities and improve outcomes for all children in Wales. Tackling the root causes of child poverty must and will remain a clear and ongoing priority for this Government, as this underpins so many of our young people's life chances, future outcomes and prospects. 

However, we are also clear that the key levers for tackling child poverty—powers over the tax and welfare system—sit with the UK Government, and I welcome the commissioner raising these concerns with the UK Government. We need every level of Government to work together if we're going to support children and young people and their families during this unprecedented crisis. 

The annual report is an opportunity for the commissioner to highlight the work of the organisation, and I'd like to draw Members' attention to the ongoing work of the commissioner in supporting public bodies in taking a children's rights approach. Putting children and young people at the centre of our public services is so important, and I welcome the commitment of the commissioner's office in providing this support. The office has developed 'The Right Way: A Children's Rights Approach in Wales', which is a practical guide to help organisations place children's rights at the heart of all planning decisions and service delivery. The five ways of working, embedding children's rights, equality and non-discrimination, empowering children, facilitating meaningful participation and clear accountability structures provide a clear and supportive framework.

We are, as an organisation, led by my colleague Julie Morgan, Deputy Minister for Social Services, used to these principles in developing our own children's rights scheme, which we published in December last year, but I'd also like to thank the commissioner and her staff for all the work they did to advocate for children and young people as we emerged from the pandemic. An example of this was the development of the Welsh Government's Summer of Fun programme, which took place for the first time last summer. Working with the Urdd and Sport Wales, the commissioner was able to bring together a number of key partners for a series of round-table discussions with Welsh Government to look at how best we can support the recovery of our children and young people and to give those partners the opportunity to hear from children and young people themselves about what was important to them. This, then, fed into the development of our Summer of Fun programme, which provided free activities for the development and well-being of children and young people across Wales. We provided over 67,000 opportunities for children and young people and were able to build on that success through the subsequent Winter of Well-being. And this year's Summer of Fun also saw us provide food as well as free activities.

Turning to the recommendations in the annual report, the commissioner has made 16 recommendations to the Welsh Government, and these fall under four themes: adequate standard of living; family environment and alternative care; protection from exploitation and violence; and education, citizenship and cultural activities. These recommendations cover important issues right across Government, including tackling child poverty, health advocacy, children and young people in care and leaving care, child protection and justice, education, mental health, transport and learner travel. I welcome the recommendations in the report. I also accept that progress in some areas has not been what we would have liked due to the resource pressures of the pandemic. However, I won't be discussing the details of the Welsh Government's response today. The First Minister will publish the Welsh Government's response to the commissioner's annual report by 30 November.

Today is an opportunity for Members to express their views on the commissioner's report and to comment on the areas the commissioner has raised. We look forward to hearing the views of Members and we'll take these views into consideration as we prepare our official response. So, in conclusion, Dirprwy Lywydd, I look forward to this important debate on the children's commissioner's report and our progress in supporting children's rights in Wales. The commissioner's independent role is crucial in holding the Government to account, and we will continue to work with her office for the benefit of all children and young people in Wales. Diolch.

Photo of Joel James Joel James Conservative 4:04, 18 October 2022

Thank you, Minister, but I must confess that I was a bit surprised by the lack of substance in this report. It is very heavy on the statistics of the office of the commissioner and contains some irrelevant details, such as discussions around podcasts bringing magic and laughter to the office. I, and I think many here, would have hoped that this annual report, particularly since it was the last of the preceding commissioner, would have provided a comprehensive overview of the work that remains to be done and some seriously challenging recommendations to the Welsh Government. Whilst the recommendations offered are certainly worthy, I think the commissioner has missed an opportunity here to have pushed much harder and to have reported what evidence they have provided and what challenges they have made to the Welsh Government.

For instance, in the 'how we influence' part of the tackling child poverty section, the commissioner reports that they have written letters to various Secretaries of State asking for meetings, but obtained no acknowledgement letters that their letters had been received. This begs us to ask why the commissioner's office has never chased these meetings further, has never chased the acknowledgement of these letters, and has never hammered on the doors of Government to be heard.

The commissioner also describes that they are observers of the income maximisation group, which interestingly doesn't have a specific focus or work stream related to tackling child poverty, and there is no current strategy or action plan on tackling child poverty, despite repeated calls for specific focus on this important area. I think this is quite a worrying lack of progress, given that Wales has the highest levels of child poverty out of every UK nation, with one in three children now living in poverty, and particularly shows that the office of the children's commissioner is either completely powerless to provide significant impact in this area, or it's not seriously challenging the Welsh and UK Governments in this regard. The commissioner's office has simply completed the tick-box exercise of appearing to help deal with child poverty by sending letters and asking for meetings, which ultimately then they have never chased or pursued further. I therefore ask the Minister: going forward, what expectations do you have that the new children's commissioner will actually tackle this problem? Writing letters without even getting a response is not going to cut it.

Welsh workers have the lowest take-home pay in the UK in every single industry, which means that households do not necessarily have the same financial resilience as their UK counterparts. The benefit payments that some people are entitled to are worth more than the wage that they can receive from working full time, even if they are paid above the national living wage. And this is ultimately one of the root causes of widespread child poverty. With this in mind, the Welsh children's commissioner has to push a lot harder and have a better understanding of the ultimate causes of child poverty in Wales.

Turning to community ambassadors, which are mentioned in the report, the scheme is clearly one that has great potential for wider engagement, especially with normally hard-to-reach groups. However, with the exception of one online event held with young carers in north Wales, the furthest north the commissioner's managed to visit is Merthyr Tydfil, and I'm wondering why this is. Surely there are community groups further north who would have welcomed some engagement with the children's commissioner and her office. There is no mention in either 'Amplify!' or the ambassador schools programme about the geographical distribution of participants, and I would therefore like to emphasise to the Minister that there needs to be some commitment by the commissioner that her office is actively engaging with all parts of Wales and not just going to areas that are easily commutable from head office. This point also rings true with the level of investigations and support that has been offered as well. Of the 604 cases this year, a third of them have been recorded as coming from Cardiff, Bridgend and Swansea, and it would have been useful to know the full distribution across Wales, because it would help identify areas where more visibility of the commissioner is needed.

In terms of the comments made by the commissioner in relation to care leavers, the commissioner has identified a need for all care leavers to have an allocated personal adviser, and reported that whilst funds have been made available, the statutory change to embed this provision has not come into force, and the legislative change to make this happen, timetabled for 2022-23, will not now happen until 2024 at the earliest. Given that the Welsh Government is spending £20 million on a universal basic income trial for care leavers, why is this Government unable to ensure that every care leaver has access to a personal adviser? I would like to challenge the Welsh Government further and ask whether or not those opting into the UBI trial are going to have a dedicated personal adviser, because it's going to be a support mechanism that will be vital for some, especially as they're given £20,000 a year to spend.

Finally, I want to pick up a point on the high levels of fixed-term exclusions of three to seven-year-old children in the foundation phase. I appreciate that the data is from 2017-18, but it seems to me that there are almost 80,000 days of learning lost to exclusions in Wales, and this seems excessively high, especially given that it is likely that some of the same children are being repeatedly excluded. With this in mind, I would like to challenge the Government and the commissioner on this point. The fact that this came as a surprise to the commissioner, and that they are reporting it some five years later, shows clearly that the commissioner's office is not keeping a close enough eye on these types of statistics.

Photo of David Rees David Rees Labour 4:09, 18 October 2022

Joel, you need to finish now, please.

Photo of Joel James Joel James Conservative

Thank you. In closing, I'm conscious that with everything I've just said, I would nonetheless like to thank the previous children's commissioner and her office for the work that they have done. I know that I have highlighted several failings without mentioning many positives, but I've never doubted the commissioner's desire to only get the best for the children of Wales. Thank you.

Photo of Heledd Fychan Heledd Fychan Plaid Cymru 4:10, 18 October 2022

May I echo the words that have already been expressed in terms of thanking Sally Holland for her tenure over seven years? I think her parting lecture, as well, was food for thought for many of us, reflecting on the challenges that she believed still faced so many children and young people. I would also like to welcome the new children's commissioner, who has shown already in her role that she will follow in Sally's footsteps and prioritise the voices of the children and young people of Wales.

I think it shows in this report the value of having that key role of the commissioner to make sure that children and young people have that representation, but are offered those opportunities so that their own direct voices are heard. I think one of the things that I've reflected on, reading the report, was the fact that so many children and young people had participated—thousands and thousands of those voices heard and listened to—and also the training in terms of children's rights, of raising awareness and continuous awareness, because it's an ongoing challenge, of ensuring that we do respect and listen to the voices of children and young people. We've seen the value of that in our own work through the Senedd committees, and I think it's clear from the report the valuable role that the children's commissioner's office plays in providing evidence and challenging us as politicians on some of our decisions as well. Long may that continue, because it is important that that influences policy.

I think the one thing to reflect on in terms of some of the challenges and how we respond—I heard, Minister, obviously, you reference the UK levers and some of things that are not within our control, that we can't change, but if we focus specifically on the recommendations in the report around child poverty, obviously, something that was also championed over the seven-year term of Sally Holland as commissioner—. Many of us will remember that target of eradicating child poverty by 2020, and the subsequent scrapping of that in 2016. I would echo the children's commissioner's calls to make sure that we do have that plan in place. I think not having that specific plan with targets, so that we are able to measure progress, is something that's lacking at the moment, and it's quite astonishing that there is no specific action plan on tackling child poverty. We have a number of measures—things that we're incredibly proud of in Plaid Cymru that we've been able to secure, of course, through the co-operation agreement between both of our parties; things, as emphasised in the report, such as the extension of free school meals and the expansion of childcare. But we need to go beyond that, and I think, with everything that's coming in terms of the further cuts that we are going to see with local authorities and everything, there's a real risk that the situation is going to worsen if we don't have a plan to tackle it and also if we're not monitoring the impact of all our policies, and monitoring where we can make a difference, given that we know the pressures will increase.

The other area I'd just like to focus on is the section on home education and the specific recommendations there, saying that Welsh Government must also publish an evaluation plan for the implementation of new statutory guidance alongside that guidance. I'm sure the Minister will be aware of concerns that have been raised with many of us in terms of home education. Whilst Plaid Cymru have agreed with the intention of the proposals, which is to ensure that every child and young person in Wales is given a suitable education, we still believe that that guidance, or draft guidance at present, doesn't distinguish between those who have chosen to home educate their children and feel that they're going to be monitored or mistrusted, as opposed to those children who aren't currently receiving any kind of education. I think there are some things that are raised here as concerns that I would like the Welsh Government to be addressing.

But I think the one thing that is very clear here is that COVID impacts, as illustrated in the report, have been extensive on our children and young people and will continue to be so. The cost-of-living crisis will also disproportionately impact our children and young people. So, the point I would like to emphasise, whilst closing, Minister, is: please can we ensure that that child poverty action plan, as is championed by the children's commissioner and this report, is in place, so that we are able to make those changes that our children and young people so desperately need? Diolch.

Photo of Jayne Bryant Jayne Bryant Labour 4:15, 18 October 2022

Annual reports are always retrospective, but this annual report is even more retrospective than usual, because, of course, this year, the current commissioner is reporting on the work of her predecessor. With that in mind, I'd like to thank Sally Holland, once again, for everything that she did for children and young people in Wales throughout her tenure, and congratulations, once again, to Rocio Cifuentes on her appointment. I hope you've settled in well, commissioner.

Back in December 2021, the Children, Young People and Education Committee held a pre-appointment hearing with Ms Cifuentes. We urged her and her office to reflect on a few things as they plan and deliver their work, including how they ensure that they engage with children and young people across the whole of Wales, and how they evaluate the impact of their work so that it's clear how it is making a real difference to the day-to-day lives of children and young people. We will come back to those themes when we scrutinise the commissioner on her annual report on 17 November.

Outside annual report scrutiny, we draw upon the commissioner's expertise to inform our scrutiny work. So, I pay particular interest to the commissioner's report card in her annual report. The report card sets out the commissioner's view of the Welsh Government's progress against key policy issues. The following policy issues resonate particularly strongly with our work.

The first is tackling child poverty. I agree, we are entering a cost-of-living crisis and, as a committee, we have agreed to focus on the negative impact of disadvantage on outcomes for children and young people. It's been little over a year since our committee was formed, but it is already painfully clear just how many of the challenges our children face stem from poverty. As the commissioner advises, we will pay close attention to the Welsh Government's child poverty strategy, due to be published by the end of the year.

The second is care-experienced young people. Like the commissioner, we were encouraged by the programme for government's commitment to:

'Explore radical reform of current services for children looked after and care leavers.'

Unfortunately, we also agree with the commissioner that progress on this important work has been too slow. We need transparency about what this commitment means in practice. We have recently launched a consultation asking care-experienced children and young people, birth parents, stakeholders and academics what they think radical reform should look like. What will make the biggest difference to care-experienced young people's lives? We hope that this inquiry will support the Government's welcome commitment to explore and implement the radical reform that children and young people need.

And finally, whole-school mental health: we have heard concerns about the mental health of our learners time and time again throughout our work, as an impact of sexual harassment among learners, as a cause of pupil absence, and beyond statutory education into higher education. We agree with the commissioner that schools are an ideal setting to support children with their mental health, and welcome Welsh Government's progress that the commissioner has recognised in her report. We will continue to do what we can to ensure that the Government builds on that progress to provide the mental health support that our children deserve.

There are many more critically important policy areas in this report, and not enough time to discuss them all. But I urge all Members of the Senedd, both those in and outside Government, to read this report and use the commissioner's findings to inform their work. Whether or not children are an explicit part of your committee's remit or ministerial portfolio, the Welsh Government has a legal duty to consider their rights in all decisions it makes. This report is relevant to all of us.

And to the commissioner herself, I look forward to discussing her report in more detail on 17 November, and to building on the positive relationship between her predecessor commissioners and our predecessor committees in pursuit of our common purpose: to improve the lives of children and young people in Wales. Diolch.

Photo of Jane Dodds Jane Dodds Liberal Democrat 4:19, 18 October 2022

I'd also like to join with many others in thanking the former children's commissioner, Dr Sally Holland, for her leadership as the commissioner in promoting and safeguarding the rights of children and young people in Wales. As chair of the cross-party group on children and families and children in our care, I just want to use my brief time to focus on children and young people who are looked after.

Since 2003, the number of children and young people looked after has nearly doubled, and in the last decade, it has risen more than a quarter. I am particularly concerned about the provision of independent advocacy services for children and young people in residential care. We know that, as a result of the national approach to statutory advocacy, in place since July 2017, children and young people placed in local authority residential care are able to access independent advocacy. But that provision accounts for less and less of the total share of accommodation.

In March 2019, just 23 out of a total of 178 children’s homes were provided by local authorities. Evidence from Tros Gynnal Plant found that only 22 of the approximately 155 independent homes were actually providing independent advocacy. This is a real concern for me and, I’m sure, many others, Minister. Every residential home, whatever its status in terms of registration, should be required by law to provide an independent visiting advocacy service, as an added safeguard, ensuring that every child or young person has a personal advocate with whom they can communicate openly and without worry.

Many of us, either professionally or in another capacity, have met young people who are in care or who are care experienced. The trauma and experiences that they go through, in terms of coming into care, then in terms of their placements, mean that they really feel voiceless. Independent advocacy services are vital to ensuring that they have that voice. So, I would be interested to hear more on this matter in response to the debate, both in extending this requirement to the independent sector, and strengthening the existing national model for local authority settings.

The other matter that I would like to highlight is the use of unregulated placements. The commissioner’s report highlights concerns with the widespread use of unregulated placements. I appreciate completely that these often arise from emergencies and breakdowns in placements, and having been a social worker for many years, I know the situation. But there is a real concern with the quality and standards of accommodation. This can vary from ‘When I am Ready’ placements, right through to hostels and bed and breakfast accommodation, the latter of which is totally inappropriate. While there are some excellent supportive settings, some young people are very vulnerable if living in poor accommodation with limited support.

I understand that this is being considered as part of the work around the removal of profit from the sector, and on improving the range and availability of placements, especially for those with more complex needs. I do support this, and I’m really pleased that this is part of the programme for government. The commissioner, in her report, makes very clear recommendations about the scope of the work that needs to be undertaken, and I hope that you can respond, Minister, to that recommendation in this debate.

Finally, as others have, can I wish the new commissioner, Rocio Cifuentes, the very best for her time in office? I look forward to working with her. There is a huge amount of work to be done for our children in building a brighter future. The COVID pandemic—both its direct impact on the lives of children and young people, and the decision making around how Wales responded to the pandemic—highlights just how important an independent champion for children and young people is. Diolch yn fawr iawn.

Photo of Vikki Howells Vikki Howells Labour 4:24, 18 October 2022

I'd like to start my contribution today by thanking the new children's commissioner and her team for their work in producing this comprehensive report. I'd also like to join colleagues from across the Siambr in offering my thanks to Professor Sally Holland for all that she achieved during her term of office.

Sally was a robust champion of the rights of children and young people in Wales. I was able to join her on a visit to Cynon Valley Organic Adventures in Abercynon in my constituency last year. This was for their big lunch during Volunteers' Week, and it was a great opportunity for Sally to speak to some of the young people that Janis and her team worked with. Thanks to Sally for taking the time to visit. I know that this is a field in which she will continue to make a significant contribution.

Turning to the annual report, I want to focus on a few key areas—firstly, the sections relating to tackling child poverty. We all know, of course, that this is one of the most fundamental issues facing our society. The data quoted in the report on the scale of the challenge is sobering enough. However, the latest figures from Loughborough University’s Centre for Research in Social Policy suggest the number of children in poverty in Wales has increased even beyond this. We also know this is likely to have been further exacerbated by the unprecedented cost-of-living pressure. In the context of these facts, I am truly shocked and appalled by the lack of engagement with the children’s commissioner from the UK Government. The report notes multiple occasions where members of the UK Cabinet refused to meet with the children’s commissioner, or even reply to correspondence. As one of those who failed to respond, the then work and pensions Secretary, is currently Deputy Prime Minister, it does not augur well for the Truss administration in the key challenge of rising to the issue of tackling child poverty.

I note in contrast the actions of the Welsh Government, which the children’s commissioner has welcomed. Policies such as the roll-out of universal free school meals, the provision of free school breakfasts, an expanded childcare offer, Flying Start and an enhanced PDG access grant to help with the cost of the school day all make a real difference. From my engagement with the project in my constituency, I also want to mention the food and fun clubs that provide such benefits to those families eligible to participate. These actions and more demonstrate the commitment of Welsh Ministers to eliminate child poverty. That said, I am sympathetic to the commissioner’s comments around the child poverty action plan. If taken on board, that could lead to a really strong piece of work that ensures a relentless laser focus from all of us on giving every Welsh child the best possible start.

I’m also sympathetic to the commissioner’s recommendation around free public transport for under-18s in Wales. I recently hosted an event for the National Education Union Cymru and the Child Poverty Action Group here at the Senedd. This was to mark the launch of the ‘Tackling Child Poverty Together’ short guide for schools. Quite a few children and young people from Welsh schools attended, and their big ask was that they should be able to freely use public transport. I know the Deputy Minister for Climate Change is passionately keen to change habits and encourage greater use of buses and trains. I appreciate money is tight, but meeting this recommendation, even in terms of the requested pilot, could go a long way to encouraging excellent lifelong habits of public transport use.

Finally, the section around whole-school mental health and well-being support. As a former teacher, as a mother of a teenager, and from my constituency postbag, I know this work is completely necessary. The commissioner rightly praises the interventions the Welsh Government has made—that’s both in terms of the approach itself and providing funding so that it can properly be implemented. When our children and young people are under such pressures, we should offer them no less. I look forward to the swift and effective roll-out of this across Wales as a matter of urgency. Diolch, Dirprwy Lywydd.

Photo of Peter Fox Peter Fox Conservative 4:28, 18 October 2022

Can I also thank the Minister for the statement? And can I also thank the current commissioner for her work so far, as well as her predecessor, Professor Sally Holland?

The past few years have been difficult for us all, and in particular, children and young people, who’ve had to experience significant disruption to their lives and development. So, it’s important that we in the Senedd continuously ask ourselves how we are working to create a better future for young people, and give them the tools that they need. I very much hope that all public bodies and tiers of government from across the UK are fully engaged, and continue to engage, with this work. The children’s commissioner’s role and reporting are fundamental to shining a light on areas that need improvement, and I compliment the commissioner on her report. I personally found it clear, succinct and easy to use.

Deputy Llywydd, the issues faced by our children and young people have persisted for far too long, and in many cases the issues mentioned in the report are exacerbated in rural areas, such as in my constituency of Monmouth. Take transport: young people often experience barriers to accessing education, leisure or employment opportunities due to the availability and cost of public transport. There just isn't the provision that you would get in Newport or Cardiff, for example. Now then, Minister, are you working with your Cabinet colleagues to ensure that the needs of young people are fully met in your transport strategy, 'Llwybr Newydd', as well as your upcoming bus Bill? 

The report also mentions several things relating to the accessibility of services and advocacy for a range of young people. Again, these are things that are not necessarily easily accessible in large rural areas, which can affect how young people engage with and receive support. How is the Government working with local authorities and service providers to ensure that services are fully accessible? And are services being adequately promoted so that young people know what's available to them and how to access it? 

Finally, can I also put my full support behind the commissioner's recommendation for a specific strategy on how to tackle child poverty in Wales, particularly given the current context that we find ourselves in? And at this point, I have to express my disappointment once again that the commissioner's office struggled to get the level of engagement with UK Government that was deserved, and on several levels. This is not good enough and has to change. Now, the Welsh Government may not have all of the levers that it argues that it needs, but it certainly has a lot already, and we need to find ways to better utilise what powers and initiatives that we do have. Can I ask, Minister, whether the Government will fully consider how well its current policies are working to alleviate the causes and consequences of child poverty, and whether such learning can be taken forward to help to inform the new strategy that is due later this year? Thank you. 

Photo of Sarah Murphy Sarah Murphy Labour 4:31, 18 October 2022

I want to use this opportunity to thank the Children's Commissioner for Wales for this report, and welcome the new commissioner, Rocio Cifuentes, to her role. I look forward to seeing the work that Rocio achieves through engaging with young people, making Wales the best place to grow up as a young person. It is great to see how the Children's Commissioner for Wales has engaged with youth-led groups in my own community of Bridgend. The report mentions being engaged with Bridgend inclusive youth club and Bridgend YMCA, and I've worked with young people in the clubs to develop resources and materials that are relevant to their needs, and the needs of children and young people with learning disabilities. 

The report also mentions Project Vote that saw 16-year-olds voting for the first time in our recent local government elections. Students at Cynffig Comprehensive School in my constituency were able to participate in a pilot scheme that allowed them to vote in school across three days. It was great to see them representing young voter voices in The Guardian, where they spoke about how important it was to them to be able to vote and about ways to make voting more accessible. 

The report also mentions the work that the commissioner is doing regarding the learner travel review. I have met with the previous commissioner regarding this issue, and pupils in Cornelly who are campaigning for improved access to school transport. The change in three-mile to two-mile criteria for access to a bus pass has really impacted the young people getting to and from school, including their mental health and uptake of musical instruments. This winter, there will be children as young as 11 walking to school in the rain and then sitting in soaking wet clothes all day. As the report states, this is an issue that is impacting on pupils across Wales, and I agree with the report that the Welsh Government must set out clearly and with urgency timescales to achieve positive change by the end of the Senedd's term, and young people's views must feed into the next stage of that work. 

The report explores the whole-school approach to mental health, and I have spoken with the commissioner about my own experiences of anorexia after sharing here in the Chamber. So, it's great to hear about TERMS, the technology-enabled remote monitoring in schools project by the Royal College of Psychiatrists that has been co-designed with pupils of Brynteg Comprehensive School in Bridgend, where the project is now being piloted. This project came after pupils were asked directly what area of mental health they wanted to explore. Eating disorders was raised as the key area that they wanted to have more research around.

And then, lastly, I'd like to highlight the recognition of the United Nations Convention on the Rights of the Child—the tools that underpin all policies and legislation that impact young people. Since being elected, I have been working with school councils and Bridgend youth council, as well as Pippa King from Biometrics in schools and Jen Persson from Defend Digital Me, on the increasing use of biometric data being collected and used in schools. In 2021, I was made aware of local schools in Bridgend introducing technology to collect and use fingerprints of children for lunchtime meals. Technologies once used by state intelligence agencies are now being used on our children for monetary transactions. Consent letters sent to parents framed the use of fingerprint data collection as safer for children, and I am pleased that the Welsh Government has updated guidance, clarifying that it is always up to the child to make the decision on whether or not to hand over their data. However, when speaking to young people in my community, they are not aware of this, and they think it is up to their parents.

Fundamentally, when somebody has a password, it is something that you can change or reset; a fingerprint is something that you are—it is part of you. Once that data is compromised, it is compromised for life. And these technologies are also not immune to data leaks and exploitation, just as we saw in schools across Wales that youth apps—the US app, Seesaw—had been hacked into—the system—and sent explicit images to children. Article 16 of the UNCRC states that all young people have the right to privacy, and yet, what we are seeing is that intrusive technologies are being rolled out in schools and without the information for young people to understand who is collecting their personal data and how it is being used now and in the future. So, I would therefore welcome the opportunity to discuss these concerns raised with me by young people, with the commissioner, and the potential impact of digital technologies being used in educational settings across Wales. Diolch.

Photo of Joyce Watson Joyce Watson Labour 4:36, 18 October 2022

I want to also thank the outgoing children's commissioner and welcome the new one. Yesterday, of course, marked the International Day for the Eradication of Poverty. The UK Government of course marked that by signalling a return to austerity and that disastrous policy that consigned our country to a lost decade of low growth, underfunded public services and growing inequality. However, under the last Labour UK Government, child poverty was declining. And I'm focusing particularly on child poverty, because it is children coming out of poverty that will see them having better lives, better opportunities, better chances, and better access to those things that will improve their circumstances, like heat, like food and like good clothing. So, I do think that when we talk about difficult decisions and financial policies, we need to think about what those difficult decisions look like for some households—so, reusing dirty nappies, watering down formula milk, and a baby sleeping in a drawer and a seven-year-old in a travel cot because you can't afford a bed. Those are what you call difficult decisions that families are making now in Britain today. They're from a report by the charity Little Village, which runs more than 200 baby banks across the UK. Foodbanks, warm banks and baby banks—the Tories are doing an awful lot of banking in a crisis. And that is put in the context of what we're debating today.

There is an awful lot here that has moved on and a lot that we can celebrate, congratulate and commend, but the challenge for the new commissioner going forward, as the report notes, is to help tackle and respond to that poverty that I've just outlined, and I know that the Welsh Government has put forward policies, like the extended Summer of Fun, which is in that report, free school meals for every primary school pupil—really critical now in this time—and the expanded childcare offer, so that parents can go out to work and earn some money and also have some dignity. And the basic income pilot for young care leavers that was mentioned earlier is a positive move. They are predicated on the belief that everyone benefits when we invest in children and their families, not when we rob young people of a fair start and opportunities.

I do want to focus on children in care and care leavers. I want to particularly focus on the corporate parenting charter, and it's been recommended by the commissioner that we need to move to legislation. I think it's extremely important that every elected Member understands—not here, but at all levels, local authority as well—that they are the corporate parent of the looked-after child, and that it isn't the case that they can offload their commitments by that child being out of county or, in some cases, extremely rare cases, out of the country. What I think we need to focus on is who is feeding—. What is the structure and mechanism for feeding back the particular needs of that young person—the particular needs of that young person who is in residential care? What happens to those reports, if there are any—and I didn't see any when I was a councillor, but things might have moved on—and who is advocating on behalf of that child, because advocacy on behalf of that child is hugely important? And, of course, what we have seen is an increased profitability that's been attached more recently to companies making money out of the destitution of those children, which I find rather appalling, I have to say. And, particularly in Pembrokeshire, we have a fair amount of looked-after places. I'm not suggesting that those particular people are benefiting disproportionately, but we do know that there have been reports where people are benefiting disproportionately in running multiples of spaces for looked-after children. So, that's an area, I think, that needs a particular focus. We're talking about the well-being of the most vulnerable people in our society. Thank you.

Photo of David Rees David Rees Labour 4:41, 18 October 2022

(Translated)

I call on the Minister for Social Justice to reply to the debate. 

Photo of Jane Hutt Jane Hutt Labour

Diolch yn fawr, Dirprwy Lywydd, and diolch, pawb. Thank you to all Members who have contributed to this debate on the children's commissioner's annual report. I'm very grateful for your continued support in keeping children's rights so high on the Welsh Government's agenda. So, thank you to Members from across the Chamber for your recognition of the work of Professor Sally Holland and the important role and influence that she had on children's rights during her term of office. And, thank you also for your welcome for the new children's commissioner, Rocio Cifuentes, and also recognising that it's her team as well, and the work that they've undertaken with the former children's commissioner. The words from the new one in the report indeed show the independence and strength of this office. An office, actually, I have to say that, way back, I was the Minister who actually appointed the first children's commissioner, and that came out of a recognition that we needed an independent Children's Commissioner for Wales, and that's what we've got.

So, thank you for all your comments, which are really helpful in terms of us reflecting on the recommendations—widespread recommendations across the whole of the Welsh Government. I can't answer all of the points in terms of all of the recommendations, but I'll focus on some that were raised most frequently. 

Can I thank the Chair of the Children, Young People, and Education Committee, Jayne Bryant, for reflecting on your expectations, your reflections of what you've hoped that the new children's commissioner could bring in her term of office as we move into very challenging times, but also the fact that you will also be engaging with the children's commissioner, as you did with the previous one, in terms of her annual report? Of course, the children's commissioner is someone who has an influence on all of us, in terms of Ministers but also on committees as well. 

Jane Dodds, it's so good, with your particular experience, but also being cross-party group chair of children and families and bringing that close understanding and experience to that role. As I've said, you've identified a number of important issues in the debate, particularly also focusing on the rising issues that we have to face, and, indeed, that the children's commissioner is reflecting on, with the cost-of-living crisis. We want to just restate as a Government that we understand the profound effects it's having and will continue to have on children and young people in Wales. It's vital that we support them and their rights, and do everything that we can in our power to support the children and young people of Wales. That does mean us taking responsibility as well as making it clear that we also call on those who have the powers and levers to take responsibility as well.

So, I think it's really important to recognise that the new children's commissioner is actually undertaking this large-scale engagement, the ambitions for Wales, as I've said, and, actually, over the last three months, engaged with over 11,000 children and young people, and engaged in a variety of different ways in terms of reaching out to young people and those who have often been under-served—young people, young disabled people, but also ensuring that there are differentiated versions, web links, and ways in which young people and children can engage, so that can inform their work.

Now, just looking at some of the points that have been raised by Members, in terms of the time I've got, support for young people leaving care—crucially important—is the responsibility of the Deputy Minister for Social Services, Julie Morgan, here with us today. And just to say, of course we remain committed to supporting care leavers to adulthood and independence, and we're building on the work already undertaken to improve outcomes for care-experienced young people. And this is crucially important in terms of the response that will come from the Welsh Government in terms of the recommendations, but particularly looking at those crucial issues, for example the commitment to provide care leavers with statutory entitlement to access a personal adviser up to the age of 25. These are commitments and, obviously, recommendations that will be responded to very clearly by the Welsh Government and by the Minister responsible. But, equally, that applies to care-experienced young people in the recommendations there, and strengthening public bodies' role as corporate parents, as has been raised, is a key commitment for this second term, and that work is also being taken forward.

But I think it is also important to look at the pioneering work that we are undertaking. The basic income pilot was mentioned for care leavers. That's the right space policy, which is going to offer young people regular, unconditional financial support, but with access to independent support, in terms of their participation. And can I just say that we're working very closely with leaving care teams from across Wales to better understand their role in the leaving care process? But it's very good to report to the Members that take-up for the pilot so far has been good, and we'll work with recipients of the basic income and other stakeholders to monitor progress of the pilot.

Whole-school mental health and well-being support—crucially important—with the recommendation, and the point about the recommendation is that it actually adds weight to the work that's already being progressed, and also looking at home education in terms of progressing work in this area and expecting, of course, proposals to be implemented. And this will be, of course, all responded to in the Government report.

I'm going to finally, of course, come to my area of responsibility, which, of course, stretches across the Welsh Government, which is tackling child poverty. It's such an important recommendation with us today, with all of the discussion and debate and contributions that have been made. And just to reassure Members that the consultation on the development of the Welsh Government’s new child poverty strategy is under way, taking into account the deepening cost-of-living crisis and its impact on those who are most in need. And it is important that we recognise—and I thank Peter for recognising—that the lack of response from the UK Government is not good, is it, in terms of the representations that have been made to the Secretary of State for Work and Pensions? But I think I would like to say that I've already also written to the Secretary of State—the new Secretary of State for Work and Pensions—last week and asked for exactly the same things as the children's commissioner. I asked for the uprating of benefits in line with inflation, but also an end to the two-child limit, and an uplift to the universal credit of £25. This is where we can unite in support and welcome the fact that that strong message is coming through from the independent children's commissioner and coming through from this Senedd today and the Welsh Government.

So, finally, Deputy Llywydd, I'd like to thank Members for your contributions to today's debate, and our response will be published by the First Minister on 30 November. All the comments of the Members will feed into that response.

Photo of David Rees David Rees Labour 4:49, 18 October 2022

(Translated)

The proposal is to agree the motion. Does any Member object? I see no objection. Therefore, the motion is agreed in accordance with Standing Order 12.36.

(Translated)

Motion agreed in accordance with Standing Order 12.36.

Photo of David Rees David Rees Labour 4:49, 18 October 2022

(Translated)

We now reach voting time, but, as there are no votes this afternoon, we will bring today's proceedings to a close. 

(Translated)

The meeting ended at 16:49.