Schools Bill [HL]

Baroness Barran Excerpts

Committee stage & Lords Hansard - Part 2
Monday 20th June 2022 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)]

My Lords, if I may, before turning to the amendments in this group, I shall respond to the request of the noble Baroness, Lady Brinton, that I should clarify my remarks regarding criminalisation. I am happy to do so.

The context in the previous group where this was mentioned related to parents who failed, if I remember correctly, because they were on holiday or away, to provide information in time for their home-educated child to be registered with the local authority. To be clear, there is no criminal sanction for not providing information for registers by parents. The offence mentioned by the noble Baroness is an existing offence: the breaching of a school attendance order. Nothing is being made an offence in this case that is not already an offence. I hope that that clarifies that point.

I turn to this group of amendments, which broadly concern requirements to collect information for the children not in school registers and how this information will be shared.

[Baroness Chapman of Darlington (Lab)]

My Lords, it is fair enough if the Minister is saying that we have misunderstood. That happens. However, the legislation states clearly that a parent who is registered by a local authority under proposed new Section 436B “must”. That sounds to me as if the parent is compelled to do that and, if they do not do so, there will be a penalty. I do not understand what the Minister means when she says that it is not an offence.

[Baroness Barran (Con)]

The example to which I was alluding in my remarks on the previous group was the one whereby parents would be asked to provide information but missed the deadline because they were on holiday and would be criminalised. That is not accurate. Parents who are asked to provide information, who miss the deadline and then provide the information, will not be criminalised.

The general point that I was trying to make in the earlier group was that I felt that language was being used in the Committee about the way in which the Government were approaching the Bill that would be taken at face value by home-educating parents, many of whom, we all agree, are already anxious about this matter. That would not help. Any challenge is absolutely right and proper; I was just requesting that we should do this in a way in which home-educating parents are not alarmed inappropriately.

[Baroness Chapman of Darlington (Lab)]

Nobody wants to alarm anyone unnecessarily, which is why we are trying to get the Bill right, but it states clearly that a person “must” comply with the duty within a period of not less than 15 days. To me, that reads like something that we are compelling people to do and that if they do not, there will be a consequence. I do not want to drag this out further but it is important that we interpret this as something that is being made into an offence. I can see why people are concerned.

[Baroness Barran (Con)]

I understand. However, that would be a civil matter but we will confirm it in writing.

If I may proceed, I thank my noble friend Lord Lucas, the noble Baronesses, Lady Whitaker, Lady Brinton and Lady Garden, and the noble Lords, Lord Storey and Lord Knight of Weymouth, for Amendments 97D, 97E, 102 and 103, which all seek for additional information to be included on the registers. The Bill allows for regulations to be made prescribing details of the means by which a child is being educated and other information that must be included in registers.

The Government have already signalled their intention for certain information to be required for inclusion on the registers via regulations, such as ethnicity, sex and other demographic information. This is in addition to whether a child is electively home educated or receiving their education in other settings. The delegated powers in the Bill would also allow for prescription of further data at a later date, which could include, for example, unique identifying numbers if that were desired.

I turn to Amendments 104 to 109, tabled in the names of the noble Baroness, Lady Jones, my noble friend Lord Lucas, the noble Baroness, Lady Garden of Frognal, and the right reverend Prelate the Bishop of St Albans. Under the new measures, local authorities will be able to require parents to provide them only with the information prescribed in legislation. They may, however, record any other information in their registers that they consider appropriate and have collected through other channels.

To be clear, local authorities will be able to require parents to provide them only with the information that is prescribed in legislation; in this case it will be secondary legislation. I hear the concerns raised by noble Lords, particularly in relation to proposed new Section 436C(1)(d). I will take that away and reflect on your Lordships’ comments.

Amendments that limit this ability could cause local authorities to act with unnecessary caution in relation to the collection and inputting of information. There may be cases where data, such as special category data, is collected that may not be initially deemed directly relevant to safeguarding a child or in their best interests but could in future be critical to protecting that child from harm.

On Amendments 113 and 114 from the noble Baroness, Lady Garden, I will try to reassure her that any provision made in regulations will be lawful only if it has been “reasonably” made. I also thank her for her Amendment 98. Under education law, each parent of every child of compulsory school age is legally responsible for ensuring that their child receives an efficient full-time education. It is therefore appropriate that the name and address of each parent be recorded in the registers.

I thank my noble friend Lord Lucas for Amendments 98A, 101A, 104A, 110A and 126B, and the right reverend Prelate the Bishop of St Albans for Amendments 111, 112 and 127, which raise the important issue of data protection. Regarding data retention, the Bill already allows for regulations to make provision about the format and keeping of registers, as well as about access to and publication of the register. It is the Government’s intention to use this power to stipulate how local authorities must keep the information on their registers up to date and whether and how information is to be published. The requirement in the Bill for local authorities to provide prescribed information to the Secretary of State will help inform policy development; for example, in relation to the types and level of support needed by families and whether particular groups need more support than others.

It is also important that the Secretary of State is able to, if needed, collect individual level data. This can be linked to other datasets for research purposes; for example, to understand who benefits from home education. It is also vital in improving our understanding of children going “missing” from data systems. We would be unable to gather a full picture of this from aggregated data. The Government do not intend to use the power on setting out how the registers are published to instruct local authorities to publish personal information about children or families, but again, I will reflect on the comments made by your Lordships in relation to that.

Registers will also include important information on children that may aid other professionals’ work for the purposes of promoting or safeguarding the education or welfare of the child. It is therefore necessary to enable relevant information to be shared with certain other persons external to a local authority without delay, especially where children are at risk of immediate harm.

Existing UK GDPR obligations will apply, however, and should ensure that all the information held in the registers is protected like any other personal data. It also requires that personal data not be kept for longer than is necessary and is proportionate to achieve the purpose of keeping it. Data protection will be a strong focus in the new statutory guidance, and we will continue to engage with stakeholders on that prior to publication.

I thank the noble Baroness, Lady Jones, and the right reverend Prelate the Bishop of St Albans for Amendments 100 and 101. Regulations are likely only to require details of where a child is being educated and the proportion of time there. This will help local authorities to ensure that children are receiving a suitable education and identify those who are missing education or attending illegal schools.

I turn to Amendments 109A and 110. These amendments relate to the ability to make regulations relating to provisions for the maintenance and publication of children not in school registers. The power to make regulations about whether and how the contents of registers are to be made available or published is important to ensure consistency across local authorities; consistency, or rather the current lack of it, has been mentioned by many of your Lordships today.

However, it may also be appropriate for some of this to be for local authorities to determine, based on local circumstances and requirements. For example, while we would expect to make regulations concerning how the register is to be kept updated, we may not initially wish to prescribe the registration forms that local authorities must use. Similarly, we may not ultimately wish to prescribe whether an authority needs to publish specific information from its register.

I turn to Amendment 133 in the names of the noble Baronesses, Lady Chapman and Lady Wilcox. The regulations prescribing the information to be provided to the Secretary of State have a narrow scope, as only information included within a local authority register can be shared. Information will be used to inform policy development to support safeguarding and children not in school. The Government believe that the negative resolution is appropriate for these regulations.

Regarding Amendment 171S, tabled by the noble Baroness, Lady Jones, existing UK GDPR obligations will apply and require that all the information held in the registers is protected, like any other personal data. In addition, work is already under way in my department to develop a certification process, independently endorsed by the Information Commissioner’s Office, that will cover the education sector to regulate the sharing of children’s data across the whole sector in a better way.

I hope I have managed to cover this large group of amendments on this important topic. I will take away a number of your Lordships’ remarks and reflect on them. With that, I hope the noble Baroness, Lady Whitaker, feels able to withdraw her amendment and that other noble Lords will not press theirs.

[Lord Storey (LD)]

Before the Minister finishes, I say that the local authorities have been heavily involved in this data information issue. What sort of consultations were held with the Local Government Association and what information do local authorities actually need about a child?

[Baroness Barran (Con)]

If I may, I will include the answer to that question in a letter to the noble Lord.

[Baroness Whitaker (Lab)]

In her very careful responses, the noble Baroness the Minister clearly recognises that there are very wide differences between the children who are not in school. Some are well educated and nobody wants to curtail that—adjustments may be made, but this is not thought to be a large percentage. An unknown number, but it is estimated to be a very large number, of children are not well educated; I suggest that the register needs to be primarily directed at these children. There are all sorts of reasons why they are not well educated. I will not go into them at this hour of the night but, for example, the schools are illegal or extreme, or the parents are at work or cannot educate the children; there are all sorts of reasons.

The Minister’s responses to our questions aimed at making the register more precise—more exactly tailored to what we all need from it while not curtailing the freedom of parents to educate their children at home well—seem mainly to relegate the details to regulations. For the reasons already given in earlier debates, there are problems with this; we have difficulty with it. However, for the time being, I beg leave to withdraw the amendment.

Apprenticeship Levy Scheme

Baroness Barran Excerpts

Thursday 16th June 2022 Lords Chamber

[Lord Haskel]

To ask Her Majesty’s Government what assessment they have made of the survey by the British Retail Consortium, published on 17 May, which concluded that the apprenticeship levy scheme was “not fit for purpose”; and what steps they intend to take to modify that scheme.

[The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)]

My Lords, the apprenticeship levy has enabled government to increase apprenticeship funding to £2.7 billion by 2024-25. We are continuing to improve apprenticeships to meet the needs of employers and drive up their quality even further. This includes developing more flexible training models that provide improved pathways for young people to access apprenticeships, while simplifying the transfer of levy funds, which will enable employers to make greater use of their funds and support smaller businesses.

[Lord Haskel (Lab)]

I thank the Minister for that reply. Some of the Government’s so-called improvements were actually announced a year ago, but this report was issued last month, so they are not working. The BRC is not alone: the food industry and manufacturers are all equally critical of the levy in its present form—in fact, it faces opposition from 80% of employers. We all want to create a higher-skilled and more productive workforce, yet entry-level apprenticeships are declining, letting down the very young people who would benefit most, while more levy money is being spent on management and other courses for existing employees. When will the Government put this right and introduce the sensible changes proposed in this and other reports?

[Baroness Barran (Con)]

I do not accept the noble Lord’s assertion that the changes that the Government have introduced are not working. Clearly, the context of the last 12 months, with the pandemic, has had a major impact on the confidence and ability of employers to recruit more generally. But, in the year to date, apprenticeship starts are up 17.4% and the number of starts among young people under 25 has risen to 55%, up from 50% the previous year.

[Baroness Bonham-Carter of Yarnbury (LD)]

The creative industries have also found the apprenticeship levy scheme to be not fit and have asked for modifications; I thank the Minister for listening to these concerns. Around £55 million of apprenticeship levy funds raised within the creative industries cannot presently be spent to support the training of their own workforce, so we welcome the flexi-job apprenticeship agency pilot project, launched yesterday, which is looking to address these issues. Will she look into how this can be sustainable and affordable for the sector after the initial investment runs out—in other words, beyond the pilot?

[Baroness Barran (Con)]

I thank the noble Baroness very much for acknowledging that we absolutely have listened to the sector with the flexi-job apprenticeships. She will be aware that there is enormous flexibility for larger employers to spend up to 25% of their levy funds, potentially, with their supply chain, as might well apply in a case like this.

[Lord McLoughlin (Con)]

I congratulate the Government on what they are doing in focusing attention on apprenticeships. Does my noble friend agree with me that one of the things that is very necessary is for young people to see how successful apprenticeships can be? This can be done by promoting them through schools and her department; I know that the Secretary of State is keen on this. How many civil servants in her department have come from an apprenticeship scheme to get to their present status there?

[Baroness Barran (Con)]

I absolutely agree with my noble friend. We are doing a lot of work to make sure that we can connect young people in schools and colleges with employers and providers much earlier in their final academic year—rather like how they connect with universities—to give them confidence about where they are going. On my noble friend’s specific question, I say that the department has achieved an average of 2.6% of our employees over the four years of the target. We are increasing our apprenticeship starts, and I am delighted to say that one of my excellent private secretaries started in the department as an apprentice.

[Lord Aberdare (CB)]

My Lords, as an officer of the Apprenticeships APPG, I hear two constant concerns from employers about the levy: its lack of flexibility and the difficulties for small employers wishing to offer apprenticeships. I too welcome the concept of flexi-job apprenticeship agencies to smooth the path for SMEs, but there are only 16 of these so far. What are the Government’s actual goals for SME apprenticeships, and how do they plan to achieve them, given that current incentives and support schemes are clearly not working well enough?

[Baroness Barran (Con)]

The noble Lord is a bit harsh; we are very focused on SMEs, in part because of the productivity potential that apprentices can offer them, but also because of the opportunities that they offer to young people. I am not aware that we have published targets for this, but it is a particular focus in the department.

[Baroness Blake of Leeds (Lab)]

My Lords, in February this year, IPPR North reported a 72% fall in entry-level apprenticeships since 2014. The London Progression Collaboration has revealed a major decline in entry-level apprenticeships in the capital, while starts in high-level apprenticeships, often taken by older people, have skyrocketed. SMEs report that apprenticeship starts fell by more than 36% following the introduction of the levy in 2017. I acknowledge the successes of the apprenticeship levy but, given the priority to help young people through skills training, including apprenticeships, and the levelling-up agenda, and given the obvious problems, can the Minister explain why the Government have ruled out a formal review of the levy as part of their wider considerations?

[Baroness Barran (Con)]

I think the noble Baroness would acknowledge that some of the changes that we have introduced, including the levy, to create a sustainable model of funding for apprenticeships, reflect some of the problems of quality identified in the Richard review in 2012. I hope that she would also acknowledge that we have seen an important growth in degree apprenticeships. She is absolutely right that we have seen a drop in intermediate apprenticeships, but that is a principal area of focus for the department going forward.

[The Earl of Clancarty (CB)]

My Lords, following on from the question of the noble Baroness, Lady Bonham-Carter, are the Government continuing to consult the creative sector to assess how well the new flexi-job scheme fits the bill and, importantly, provides the necessary number of apprenticeships, including in the theatre industry, where such a scheme particularly needs to be targeted?

[Baroness Barran (Con)]

I absolutely reassure the noble Earl that the department is actively engaging with all key sectors, including the creative sector. On the specifics, obviously the apprenticeship model is push and pull. The department is delivering what employers are asking for, but we need employers to respond to that across every sector.

[Baroness Garden of Frognal (LD)]

My Lords, what efforts is the department making to get schools to know about apprenticeships and go into them? Currently, schools are measured largely on GCSEs, A-levels and university entrants. When will they be able to celebrate their apprenticeship leavers with the same enthusiasm as they celebrate their university entrants?

[Baroness Barran (Con)]

As the noble Baroness will be aware from our debate last night, it is not the Government’s plan to micromanage schools in terms of how they celebrate. We are promoting apprenticeships in schools and colleges through our ASK programme—the Apprenticeship Support and Knowledge programme— the Get the Jump programme and the Skills for Life programme. She may have seen some of the materials from Get the Jump recently, which were very engaging.

[Lord Liddle (Lab)]

My Lords, I respect the Minister’s good intentions, but how does she account for the catastrophic fall in the number of entry-level apprenticeships at intermediate level in the past five or so years? It is no good pointing to figures that show that we have done a bit better than we did in the disastrous Covid year. Let us have a look at the long- term position. She says that the department regards this as important, but what conclusions is it drawing and what is it going to do about it?

[Baroness Barran (Con)]

Our conclusion is that we listen to employers and respond to what they ask for. I shall give the noble Lord one example. Employers have told us that they need young people to be more work-ready. Therefore, we are funding up to 72,000 traineeship places over the next three years.

Schools Bill [HL]

Baroness Barran Excerpts

Committee stage & Lords Hansard - Part 1
Wednesday 15th June 2022 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)]

My Lords, with the leave of the House, I will say a few words following days one and two in Committee on the issues your Lordships raised about the Bill. Your Lordships heard me say that we are listening and that, after hearing concerns during the earlier days in Committee, I am acutely aware of the strength of feeling in the House. Your Lordships are aware that there is a process which is followed after Committee. Noble Lords can be reassured that, when we return to the Bill on Report, I will be able to clarify and confirm the Government’s position, having heard the views of the House in Committee. Any such statement will reflect the Government’s position, will be subject to usual processes of agreeing policy and will be shared ahead of Report.

[Baroness Chapman of Darlington (Lab)]

I will press the Minister. Should those amendments that she comes back with on Report, which is how I interpret what she has just said, be as substantial as we would hope and expect given our concerns, which I appreciate she says she had heard, would she perhaps consider reconvening the Committee for us to examine those new amendments? We expect that they will substantially alter the way the Bill is currently drafted.

[Lord Knight of Weymouth (Lab)]

Is the Minister intending to conduct some kind of regulatory review and consultation prior to Report?

[Baroness Barran (Con)]

I am sure all your Lordships understand that the timing and content of what we discuss at Report is a matter that will be agreed with the Chief Whip and through the usual channels. I really cannot say any more on that today.

[Lord Baker of Dorking (Con)]

Does the Minister still intend to have Report in July this year?

[Baroness Barran (Con)]

I repeat to my noble friend that this is not a decision that I can make; it is a decision for the Chief Whip and the usual channels.

[Lord Grocott (Lab)]

My Lords, the specific question my noble friend Lady Chapman asked was about a quite common procedure in this House: if very substantial changes are proposed between Committee and Report, involving large numbers of new clauses et cetera, it is common that a Committee stage should be resumed to consider those precise additions so that the conversation can take place under Committee rules rather than Report rules. I know that the Minister cannot decide on the procedures of the House, but she is—I hope my saying so does not ruin her career—a very accommodating Minister, as far as she is able to be, who does listen to the House. Having listened to most of the Committee so far myself, it is quite clear that many issues need to be discussed if and when there is some clarification about the content of the Bill. That needs to be discussed in Committee.

[Baroness Barran (Con)]

I am unable to give any more clarification on that point at this stage. I am sorry that I cannot say anymore to your Lordships.

[Baroness Blower (Lab)]

I realise that the Minister is not able to say anything further about the timing with regard to Committee and Report, but could she say anything further in response to my noble friend Lord Knight about regulatory review, leaving aside the question of Report?

[Baroness Barran (Con)]

I have already said at the Dispatch Box that the regulatory review will begin within weeks. I am unable to say anything further about the other stages of the Bill.

[Lord Blunkett (Lab)]

My Lords, may I just try this then with the Minister, who is doing her best in very difficult circumstances? Would she be prepared to talk with the Secretary of State, who is one of the most able members of the Cabinet—that might not mean a lot to others, but I think in this particular case it does—on whether it would be beneficial, not just to the passage of this legislation but to the whole education system, if he were able to see his way to taking time to reach a substantial consensus on the majority of this Bill, which I think we can do, if time were allowed to do so?

[Baroness Barran (Con)]

I am more than happy to commit to taking back the views of the House to the Secretary of State.

Clause 29: Local authorities: power to apply for an Academy order

Amendment 59

Moved by

--- Later in debate ---

[Baroness Wilcox of Newport (Lab)]

For the second successive year, I am here in the Chamber debating an education Bill. At least when I taught, I could leave at 4 pm.

For the avoidance of doubt, this group is about consultation. I am grateful to my noble friend Lady Blower for proposing such a sensible way forward and reminding us of the value of governing bodies. We are supportive of the thrust of these amendments, which would give a greater voice to parents and staff and consideration to the local context and challenges. A struggling local authority may want to offload a school that is not equipped to academise yet—or indeed at all—so we cautiously note the government amendment in the name of the noble Baroness, Lady Barran, which requires consultation with appropriate persons before this can happen.

However, we have a genuine question about why this consultation can be carried out after a local authority’s application, as noted by my noble friends Lord Hunt and Lady Blower. It cannot possibly be meaningful, and it looks as if it is a done deal. It is another example of the cart before the horse. Many times in this Committee we have mentioned the word “consultation”, so we need to put it in the correct context and the appropriate order.

I will speak specifically to our Amendment 63, and I thank my noble friend Lord Grocott for his support. It aims to be proportionate. If the Secretary of State intends to accept an application for academisation and the school’s governing body opposes it, the Secretary of State must lay before Parliament a Statement explaining how academisation will benefit children’s education—it is as clear, simple and straightforward as that. Over the coming days, this whole debate will be about the benefit to children’s education.

These amendments speak to the Bill’s general approach of imposing academisation in a top-down fashion on schools, children and parents. If a governing body is opposed, the Secretary of State must give robust consideration to, and justify the case for, approval. After all, they are the arbiters of the community, and parents, teachers, governors and children will have a much clearer insight of the situated context of the school and the wider community issues than—with the greatest respect—a Whitehall official. Many great plays have been written about the disruption caused when a stranger enters a community and the chaos that subsequently unfolds.

[Baroness Barran (Con)]

My Lords, the amendments in this group are concerned mainly with rights of consultation and consent when a local authority intends to apply for an academy order on behalf of a maintained school.

The picture drawn by your Lordships of some kind of Machiavellian plan to impose multi-academy trusts on schools is not a fair representation of how the Government propose that the system should work in the future. I will come on to specific examples, but, in response to the remarks of the noble Baroness, Lady Bennett, and the noble Lord, Lord Grocott, on academies coming in and being imposed, I say that they are imposed because those schools have failed children—both noble Lords know that that is the case. When schools are judged to be inadequate, as was the case with the school that the noble Baroness referred to, academies come in to turn them around because they are failing children. I will leave it there, but I think that it is fair to set the record straight on that point.

Amendment 60, in the names of the noble Baroness, Lady Blower, and the noble Lord, Lord Hunt, would require a local authority to obtain the consent or support of the governing body of a school where it is proposed that the school join a strong trust. I will also refer here to Amendment 63, in the names of the noble Baronesses, Lady Chapman and Lady Wilcox. As the noble Baroness described, it would require the Secretary of State to lay a Statement before Parliament if they approved an application for an academy order against a governing body’s wishes. There is a requirement in the Bill for local authorities to consult a school’s governing body before applying for an academy order. We expect that local authorities and schools will have open discussions about the principle of joining a trust and which trusts schools might join.

Although we hope that any applications for academy orders would have the support of the local governing body, there may be genuine circumstances where agreement cannot be reached with individual schools. Whether the local authority includes such schools within its plans will depend on whether it is prepared to continue to maintain those individual schools.

The decision on whether to approve an order will rest with the relevant regional director. When considering local authorities’ applications, regional directors will of course take all relevant considerations into account. These will include the views of governing bodies, local authorities and other stakeholders—and, of course, the likely impact on children’s education. The regional director’s decision would be made public. Against this background, I do not believe that the additional requirements proposed in these amendments are necessary.

[Lord Deben (Con)]

I am rather attracted by the concept that the Government should be very clear about the reasons why this kind of change takes place and how it would benefit the children’s education. I do not understand why that is not absolutely necessary. I quite see that you do not have to have the agreement of everyone—if you did, you would never get anything done—but, when you have made a decision and there are differences of opinion, it seems that there is a lot to be said for explaining precisely why you have done so.

My worry about the Bill is that there seems to be an overemphasis on neatness—neatness is the enemy of civilisation. I am a believer in difference, and one reason that I like academies is that different academy trusts are different; that is a change from when this was under local authorities, when I am afraid there was a very considerable sameness. I like this, but, when there is a real row, it is incumbent upon the Government to explain why they have made a decision.

[Baroness Barran (Con)]

The Government are clear—we are talking about cases where a local authority wants a school to convert to an academy. I referred to the Government’s current criteria earlier in Committee. The criteria that the regional directors use when deciding which trust a school should join are set out clearly. I believe that I put the link in my last letter to your Lordships, so I encourage my noble friend to take a look—they are very fair and clear.

I am not sure that my noble friend was in the Chamber when we talked about the fact that this legislation is part of wider work that the Government are doing in relation to commissioning and regulation, where there will be extensive engagement over the summer. I reassure my noble friend that that will focus predominantly on how we can achieve better outcomes for children. He used the word “neatness” in perhaps a pejorative way; one could absolutely justify why we need clarity in a system the size of the school system in this country.

In responding to Amendments 61 and 62, in the names of the noble Baroness, Lady Blower, and the noble Lord, Lord Hunt, I will explain how the corrective Amendment 68, in my name, will introduce a new consultation requirement. The Government expect local authorities to engage widely with interested parties when considering supporting schools to join strong trusts. Amendment 68 explicitly requires local authorities applying for an academy order to

“consult such persons as they think appropriate about whether the conversion should take place.”

The noble Baroness gave an extensive list of the types of organisations and individuals who should be consulted, and she suggested, fairly, that in these cases there should always be a clear explanation of why the conversion should take place.

This amendment applies to local authorities the same consultation requirements as exist when governing bodies apply for maintained schools to be converted into academies. Local authorities should act reasonably in deciding who to consult, and it is therefore inevitable that parents and staff would be aware and able to express their views. As I said in response to my noble friend, the decision on whether schools should convert rests ultimately with regional directors, who will need to be satisfied that local authorities have consulted sufficiently and that their plans benefit children’s education. However, it is not necessary or appropriate to require local authorities to demonstrate that they have considered alternatives. The decision before the regional director is whether to approve the local authority’s plans for its schools to become academies. I hope but am not entirely confident that the noble Baroness, Lady Blower, and the noble Lord, Lord Hunt, will be reassured by the addition of this requirement.

--- Later in debate ---

[Baroness Barran (Con)]

The noble Lord’s point is a little broader than what we are talking about at the moment. With the free school applications that have come across my desk I have certainly tried to be very aware of, and sensitive to, the challenges they can pose. The noble Lord is also very well aware that, historically, there were areas where new free schools have been really important in raising standards. There is not a single answer.

[Lord Hunt of Kings Heath (Lab)]

My Lords, I will take the opportunity of the Minister’s slight pause to ask her a question about my reading of her Amendment 68, which says:

“Before a maintained school in England is converted into an Academy following an application under section 3A (application for Academy order by local authority)”.


By the time the local authorities have made an application, that is, in effect, the decision. The point my noble friend and I were trying to make is that, surely, there should be mandatory consultation before the local authority makes the application.

[Baroness Barran (Con)]

I am glad that I have been promoted to be the noble Lord’s “noble friend”; things are looking up. I am very happy to take this offline with the noble Lord. It is just not case that the decision is made at that point, but I would be happy to meet with him and we can go through this in more detail, if that would be helpful.

Amendment 75 is concerned with existing stand-alone academies joining multi-academy trusts, which we discussed at length in the earlier group. The process by which an academy joins another trust is not set out in legislation; it is a matter for agreement between the two trusts and is subject to the approval of the regional director. I hope that noble Lords can forgive me for repeating myself. When considering any application for a stand-alone academy to join a MAT, the regional director will consider what stakeholder engagement has taken place, and the views expressed by stakeholders.

I do not believe that it is necessary or appropriate to provide for very specific consultation requirements in legislation. Stakeholder engagement is already embedded in the decision-making process. However, I agree that the process by which academies join trusts should be transparent—here, I am a little more optimistic about reassuring the noble Baroness, the noble Lord and other noble Lords opposite. As part of the regulatory review, which I have mentioned previously, we will consider the scope to clarify the arrangements for engaging with stakeholders when a stand-alone academy joins a multi-academy trust.

In the light of Amendment 68 in my name, and given these assurances, I ask the noble Baroness, Lady Blower, to withdraw her Amendment 60, and that other noble Lords do not move their amendments. I apologise to the noble Baroness, Lady Wilcox of Newport, that I did not echo the birthday wishes, but I wish her a very happy birthday.

[Baroness Blower (Lab)]

Before I begin my remarks, I wish many happy returns to my noble friend on the Front Bench.

Never in my wildest dreams would I think of the Minister as Machiavellian—absolutely not. However, the lived experience of many people is that discussions over issues to do with academisation, moving into MATs or other such things have not always been open and the system has not always been transparent. I am personally aware of representatives of particular unions who, after being called in to see head teachers, have been briefed and then been told that the matter is absolutely confidential, and that they must say nothing to any member outside that room. I am not saying that this is the position the Minister would take, but it is the lived experience of a lot of people who genuinely believe that there should be proper and open consultation. We can say that those head teachers were doing it completely wrongly, but the fact is that it would have impacted those union members, and there is the impact of someone in the school now knowing something which the parents and students do not know.

There is clearly something here about the need constantly to reinforce the fact that consultation should be open, appropriate and transparent. This is probably why, although the Minister said these things in very reassuring tones, I cannot see why we would not specify the need to consult with particular groups of people, including parents, staff and so on. This remains an issue. I am delighted that the Minister thinks that it is inevitable, but my experience is that consultation has not always been inevitable. However, I would like to believe that it was.

I will comment on the intervention by the noble Lord, Lord Deben, about neatness, which I thought was very entertaining. To him, I would add: I do not think that all local authority schools are like cookie cutters and exactly the same; they pride themselves on the fact that they have a particular ethos. That comes from the student intake, the particular group of staff they have, the governors and the head’s style of leadership, so I do not think that they are all the same.

I am sure that those who have visited very many maintained schools will agree with me that they are quite different, whether they have a uniform or not—all sorts of things do make them different. But I was entertained by the noble Lord’s remarks about neatness. Again repeating that nothing in my remarks suggests anything Machiavellian, although I am not completely reassured by everything, at this stage I beg leave to withdraw the amendment.

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Moved by

[Baroness Barran]

68: Clause 29, page 24, line 6, leave out paragraphs (a) and (b) and insert—
“(a) in subsection (1), after “Academy” insert “following an application under section 3 (application for Academy order by governing body)”;(b) after subsection (1) insert—“(1A) Before a maintained school in England is converted into an Academy following an application under section 3A (application for Academy order by local authority), the local authority must consult such persons as they think appropriate about whether the conversion should take place.”;(c) for subsection (2) substitute—“(2) But this section ceases to apply where, following an application under section 3 or 3A in respect of a school, an Academy order is made in respect of the school under—(a) section 4(A1) (duty to make Academy order in respect of school requiring significant improvement or special measures), or(b) section 4(1)(b) (power to make Academy order in respect of school otherwise eligible for intervention).””Member's explanatory statement
This amendment would require the local authority to carry out a consultation in relation to an application under new section 3A for conversion of a maintained school into an Academy. As with consultations by governing bodies who apply for Academy conversion, the consultation may be carried out before or after the application, or any Academy order, is made.

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Moved by

[Baroness Barran]

76: After Clause 30, insert the following new Clause—
“Secure 16 to 19 Academies(1) The Academies Act 2010 is amended as follows.(2) In section 2 (payments under Academy agreements), after subsection (2) insert— “(2A) Subsection (2) applies to an Academy agreement in respect of a secure 16 to 19 Academy as though the references to 7 years were references to 2 years.”(3) In section 9 (impact: new and expanded educational institutions), in subsection (1), after paragraph (b) (and on a new line) insert—“except where the institution, if the arrangements are entered into, is to be a secure 16 to 19 Academy.”(4) In section 10 (consultation: new and expanded educational institutions)—after subsection (2) insert—“(2A) But where the educational institution, if the arrangements are entered into, is to be a secure 16 to 19 Academy—(a) the person is not required to carry out a consultation on that question, and (b) they must instead carry out a consultation on the question of how they should cooperate with potential local partners in connection with the establishment and carrying on of the Academy.(2B) “Potential local partners” in subsection (2A)(b) means—(a) public authorities (within the meaning of section 6 of the Human Rights Act 1998), and(b) so far as not falling within paragraph (a), proprietors of educational institutions,with whom the person carrying out the consultation thinks it appropriate to cooperate.”;(b) in subsection (3), for “The consultation” substitute “A consultation under this section”.”Member's explanatory statement
This amendment makes special provision for secure 16 to 19 Academies as to the period for which funding must continue, the requirement to consider the impact of new or expanded educational institutions on other local institutions, and the consultation requirements applicable to new or expanded educational institutions.

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[Lord Davies of Brixton (Lab)]

My Lords, I very strongly support the remarks made by the noble Lord, Lord Shipley, but I will return to that issue in the next group. I was not going to participate in this debate, but I have been forced to because of the references made to rural and metropolitan areas. I say to my noble friend on the Front Bench as gently as I possibly can that comparisons between allocations to different regions are always difficult and complicated.

The noble Lord, Lord Deben, said that we metropolitan elites do not have much knowledge of what happens in the countryside. Equally, people from the rest of the country have surprisingly little knowledge of what happens in metropolitan areas. The levels of deprivation in London—a vast area in terms of population—are enormous. In terms of picking out individual figures, I have the brief from London Councils, which provides figures demonstrating to its satisfaction that London has been hard done by over the last few years, with bigger reductions in the allocation to schools than the rest of the country. I do not believe bandying figures in that way is that helpful. What we want is sufficient funding across the country as a whole, and I think that setting one part of the country against another should be done with great discretion.

[Baroness Barran (Con)]

My Lords, I genuinely welcome the chance to talk to your Lordships about reforms to the national funding formula. We will come on to this in more detail on Clause 33 in the next group. I want to start my response by noting that this part of the Bill delivers a long-standing commitment to achieve fair funding for schools and, I should say, a commitment where there have been multiple consultations over the years with the sector.

I will start by responding to Amendment 79 in the name of the noble Lord, Lord Hunt, and Amendments 79ZA and 79C in the names of the noble Baronesses, Lady Chapman and Lady Wilcox, on the financial arrangements of multi-academy trusts. One of the ways that the best multi-academy trusts transform outcomes for pupils is by focusing their expenditure and investment towards the right areas, whether this is investing in new IT across the trust or securing additional staff to work across all the trust’s schools.

Trusts can target funding to turn around underperforming schools they have brought into their trust or, indeed, as we discussed with the noble Lord, Lord Shipley, on a previous day, target funding to very small, rural schools which would otherwise not be viable. The academy model relies on trusts’ ability to harness and share expertise and resources. However, Amendments 79 and 79ZA would stifle trusts’ ability to do this, undermining one of the fundamental benefits of the model.

Moreover, academy trusts are already required to publish a full set of financial accounts annually, which are publicly available. The department publishes a full report and consolidated accounts for the academy sector each year. We believe this meets the intention of Amendment 79C. The report includes data on financial health across the academy sector, and the educational performance of the academy sector at a regional level, to which the noble Baroness alluded.

My noble friend Lord Deben suggested that we needed to do more with data. Again, I challenge my noble friend just to look at how much data on schools we share publicly. The website Get Information about Schools gives very detailed information on school and trust performance. You can look by constituency area, local authority area or trust area. It gives information on finance—including the voluntary income that was referenced in the debate—workforce, and educational outcomes. That allows one to compare academies and maintained schools. We also publish school-level funding formula allocations for every school every year and the Department for Education runs a website specifically to enable anyone to see school-level national funding formula allocations and understand what funding they would receive if the national funding formula was followed locally. That may be something to look at for the Devon schools; I have not looked but I will do. The webtool is called view NFF allocations—I will write to noble Lords with the link—and it is published on GOV.UK.

We continue, of course, to look at how we can improve transparency, and in the schools White Paper we committed to consult on future financial reporting arrangements. The noble Baroness, Lady Chapman, asked —again, I hope she will forgive me if I paraphrase inaccurately—why we were not including local authorities in the process. She will know that we worked hard with local authorities ahead of publishing the schools White Paper to get a much clearer role for them. We are clear that the Government’s responsibility is to make sure that local authorities are empowered to be the champion of the child. They will be at the heart of the system, championing all children in their area but particularly the most vulnerable children, so they will play a leading role, of course, in safeguarding, pupil place planning and admissions. They will continue to be responsible for the high-needs budget and will lead local delivery of provision for children with special educational needs and disabilities, and they will be supported by the new partnerships.

The noble Lord, Lord Hunt, alluded—again, I think I am right in saying—to related party transactions in trusts. The Government are extremely vigilant to make sure that related party transactions, whether they are in maintained schools or in trusts, are handled with the highest levels of governance. But I point out to the noble Lord that the £120 million is on a budget in 2019-20 of over £31 billion so, if my maths is right, it is 0.3%.

I turn to Amendments 85 and 86 in the name of the noble Lord, Lord Storey. As I have already said, transparency is critical and is at the heart of our reforms. In relation to Amendment 85, we will continue to publish information annually on the national funding formula, including how it is calculated, what factors it uses, school-level allocations, and an equality impact assessment. Based on this information, it is already possible to see the impact on rural schools, or indeed any other group of schools.

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[Baroness Chapman of Darlington (Lab)]

It is in some ways reassuring to hear what the Minister is saying. However, does she not accept that we have a situation where the lowest funding is going to parts of the country with the poorest outcomes? However much the Government think they are allowing for these factors, if something is going wrong, either the formula needs to be reconsidered in some respects or other measures need to be put in place to address this.

[Baroness Barran (Con)]

The Government have worked hard. I know the noble Baroness is familiar with the data, but if she looks at the most recent allocations, we are, dare I say it, trying to level up funding to the areas which she and the Government rightly care about. I think others in the Committee will understand very well that these are not things that can be moved quickly, and if we were moving quicker than we are there would be challenge on that. We expect this to be a slow process but the direction of travel is very clear. The noble Baroness will also be aware that in those areas beyond the core schools budget there is also significant investment, particularly through the education investment areas and the priority education investment areas, which cover—I think I remember rightly—55 local authorities across the country for the EIAs and 20 for the priority areas, where they are getting significant additional help.

On Amendment 84 in the name of the noble Lord, Lord Storey, and the noble Baroness, Lady Garden, on the affordability of home-to-school transport for 16 to 19 year-olds, it is for local authorities to determine the level of support available, including whether to offer free or subsidised travel, as many authorities do. Responsibility for securing home-to-school transport should continue to rest with local authorities because they are best placed to co-ordinate it locally. It would therefore be inappropriate to include it in the national funding formula, which directs funding to schools rather than local authorities. These funding provisions also apply only to pupils between the ages of five and 16.

On Amendment 97ZA, in the name of the noble Lord, Lord Knight, of course I welcome the opportunity to discuss sustainability, which is, as the noble Lord said and as all your Lordships are aware, an issue of paramount importance. Noble Lords may be aware of our recently announced strategy for sustainability and climate change, which was co-created with young people and which I think has been very well received. It includes setting sustainability leadership and the introduction of climate action plans, which will include mitigation.

I absolutely agree with the noble Lord on empowering pupils. He will be aware that part of the strategy relates to the National Education Nature Park, which empowers young people through both the information that they gather and the skills that they will learn in their work in relation to the nature park, which we very much hope will stand them in good stead in future life. More generally, the framework set by the Bill does not intend for the actual content of the funding formula to be specified in legislation, so any such detailed provisions would not be dealt with here.

Lastly, I turn to Amendments 92 and 93 in the name of the noble Lord, Lord Shipley. Many of his remarks were about the wider relationship between local authorities and central government. He will be aware that we have been working with local authorities over several years to implement this reform and we will continue to do so. Ultimately, however, if we want the same pupil to attract the same funding based on their needs, wherever they go to school, we must complete the move to a consistent national funding formula.

[Lord Shipley (LD)]

Has any staffing assessment been done by the department? My interpretation of what the Bill is now saying is that a huge growth is due in the number of staff who will be employed by the department in Whitehall.

[Baroness Barran (Con)]

I may have to write to the noble Lord on that. However, he will know that, through the Education and Skills Funding Agency—the ESFA—we already deal with payments to, as I think he said, roughly 10,000 schools. I would hope that the infrastructure that has been built to do that would allow scaling without having to increase staff in a direct proportion. However, I will write to him to clarify that.

Specifically regarding local authorities, there is a key interaction between schools and high-needs funding, which we are consulting on. The House will be aware that funding for high needs is increasing by £1 billion this year to a total of over £9 billion, which is an unprecedented investment in this area. Once we move to a direct national funding formula, local authorities will no longer calculate a local schools formula or transfer funding from the schools block to high needs. Clause 40 provides a new national-to-local budget reallocation mechanism from schools to high needs.

The Secretary of State will make final decisions to ensure national consistency, while still taking account of local circumstances. That could not occur if decision-making was left to 150 local authorities. Local authorities will still retain a key role in this process. They will initiate requests for funding transfers, setting out their rationale, and will consult with local schools. Overall, we think this strikes the right balance and aligns with the wider reforms in the recent SEND and AP Green Paper.

I hope that I have convinced your Lordships that the direct national funding formula will allow us fairly, consistently and transparently to fund schools on the basis of their needs. I ask the noble Lord, Lord Hunt, to withdraw his Amendment 79 and I hope that other noble Lords will not move theirs.

[Lord Hunt of Kings Heath (Lab)]

My Lords, this has been a fascinating debate which has ranged very far and wide. I put in only an innocent little amendment to talk about the reserves of schools going into an academy trust or multi-academy trust. It is the gentlest of amendments, which the Minister ruthlessly swept away, saying that it would stifle the innovation and leadership of the multi-academy trust. However, behind it was an issue of substance, which is that the integrity of a whole school and its leadership is very important, and having control over its own budget goes with that.

Obviously, we have a load of interesting amendments around the whole concept of fair funding of schools. The noble Baroness, Lady Humphreys, spoke on rural schools. I totally agree with my noble friend Lord Davies; he might have mentioned Birmingham schools in his analysis of the issues that metropolitan schools face. My noble friend Lady Chapman, in looking at a region’s ranking in the index of multiple deprivation, sought to bring a holistic solution to the undoubted different issues and tensions that are faced.

I noted the Minister’s helpful comments. Whenever you have a funding formula, it is easier to shift money when you have real growth in the overall funding settlement. One of the problems we have at the moment has been the squeeze on school funding—my noble friend Lord Adonis made a telling intervention in our previous day in Committee. From my own experience, the health service has gone through its own funding formula. We had RAWP for many years, and then ACRA. It was all about the same issues of teeing up deprivation in rural and urban areas, age factors, and a population who are growing older. However, my goodness me, it was much easier to shift money when you had real growth in the system.

[Baroness Barran (Con)]

Just to be clear, there has been significant growth in funding in the system. In 2022-23, schools in the north-east, to which the noble Baroness opposite referred, will see a funding increase of 6.1%, with 5.9% in Yorkshire and the Humber. Small rural schools are attracting per pupil increases of 5.6%.

[Lord Davies of Brixton (Lab)]

If my noble friend will allow me to butt in with some figures, London Councils points out that, between 2017-18 and 2020-21, 84% of schools in inner London saw a real-terms decrease in per pupil funding, compared with 55% in the rest of the country.

Schools Bill [HL]

Baroness Barran Excerpts

Committee stage & Lords Hansard - Part 2
Wednesday 15th June 2022 Lords Chamber

[Baroness Morris of Yardley (Lab)]

My Lords, I was not going to speak on this issue; I will do so very briefly. It is really important, and it is a shame that it is so late in the evening. I am in two minds about it: I can see where the Minister is coming from but my views, on the whole, accord with those of my noble friend Lord Liddle, who has just spoken.

The point I want to make, and I would ask for the Minister’s observations on it, is this. When I was doing her job, I remember when I learned that my decision on how the money should be allocated was not replicated in the local authority. I was a bit cross about it: here we are taking decisions about this, we send the money out to the local authorities and, blow me down, they change it around. I then realised that we just had to live with it—that was democracy, and that was making sure there was some local flexibility. However, I can remember feeling irritated by it. We lived with it because we were not as centralised as this Government intend to be.

My worry about this is not that it is trying to remedy the wrong that was referred to earlier on this evening—that 20 local authorities do not pass on the funding to small schools in rural areas when it leaves the department. It does not look like that to me, although I do not doubt that she is concerned. The way it looks to me is that this Bill is about giving power to the Secretary of State over every school and over everything. The minute the Government do that they have to control all the money. It seems to me that is the order: if the Government were not taking all the powers to control every school and everything they do, they would be able to be more flexible with the money, because that flexibility with the money would go with the flexibility given to the school. Because the Government are taking all the power to control all schools over all things, it looks as though they have thought, “The only way we can do that is to control every penny as well. We have to have that lever.” That is what worries me. If you put it together with what is happening in initial teacher training, it is the last brick in the wall of an absolute top-down, very heavily controlled nationalised school system. I would really like the Minister’s observations on that.

[The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)]

My Lords, I will start by setting out the principles of Clause 33, in response to the intention of the noble Lord, Lord Davies, to oppose the question that the clause stand part of the Bill. I am thankful for the opportunity to debate the role of Clause 33 and this part of the Bill more broadly. This measure implements the direct national funding formula and, as I said in response to the third group, delivers on our long-standing commitment to achieve fair funding for schools. We received wide-ranging support from the sector for this vision of how we fund schools in our consultation last year, and we heard your Lordships’ views on the importance of not only holding consultations but listening to them.

A single national funding formula, replacing the current 150 local arrangements, will make funding for schools simpler, fairer and more transparent. It will allow the sector, and your Lordships in this place, to hold the department to account for school funding. This measure outlines the framework of roles and responsibilities for the new funding system. The reforms set out in this part of the Bill have been developed carefully, in extensive consultation with stakeholders, to ensure we reflect the needs of pupils and schools in the fairest and most consistent way.

The noble Lord, Lord Davies, talked about how well the system had worked previously, but when I look at the data for funding per pupil from 2017—I think this was something the noble Baroness, Lady Chapman, also touched on earlier—for Brent and Lincolnshire, both of which had 12% of children on free school meals, the funding per pupil was £5,523 in Brent and £4,305 in Lincolnshire. Similarly, there were big differences in a number of other areas, not only London boroughs. For example, Blackpool and Manchester, at that time, had 25% of children on free school meals and there was about £800 higher funding per pupil in Manchester than there was in Blackpool. I hope the noble Lord will acknowledge that is hard to see as either transparent or apparently fair.

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[Lord Davies of Brixton (Lab)]

I think figures were quoted comparing Blackpool and Brent—

[Baroness Barran (Con)]

It was Blackpool and Manchester.

[Lord Davies of Brixton (Lab)]

Okay. Does this imply that the introduction of the new funding formula will see a significant reduction in the payments received by the school that had the higher figure? The Minister told us there was a difference but we do not know the reason for it. If she is saying that the reason is unjustified, it must lead to a reduction in funding for the school that had the higher amount previously.

[Baroness Barran (Con)]

I see the noble Baroness, Lady Chapman, is tempted to answer the question. The figures I referred to were from 2017. I am happy to set out in a letter to the noble Lord more of the reasons for the differences, but I suspect, being familiar with the subject, he knows what some of them are. To date, no area has seen a reduction in nominal terms in its funding. One reason why we intend to implement this over a longer period is to avoid any disruption to local funding. As I am sure the Front Bench opposite would say on my behalf, it will depend on the total quantum of funding committed to our schools.

I thank the noble Baronesses, Lady Chapman and Lady Wilcox, for Amendment 87 and for their unerring focus on ensuring that all children have a fair chance to realise their potential. The introduction of the national funding formula in 2018 was a historic reform to school funding, replacing what we believe to have been an unfair and out of date system.

The national funding formula already calculates funding allocations for each school, which, as I mentioned in the earlier group, are publicly available and, with these, the calculations used to determine funding allocations for local authorities. In the current system, individual schools’ final allocations are then determined through 150 different local formulae. The direct national funding formula will mean that every school is funded through the same national formula, with only specific, local adjustments. That will achieve this Government’s long-standing ambition that funding is distributed fairly, and means that parents, school leaders and governors will have assurance that their school is funded on the basis of the needs and characteristics of their pupils, rather than where the school happens to be located. The intentions of the reforms are not to lead to changes in the distribution between geographical areas, but within them.

Similarly, this change should not impact how much funding the formula directs overall towards socioeconomic disadvantage. Instead, it should ensure that each school, in each local authority, receives a consistent amount of deprivation funding based on their pupil cohorts.

I want to reassure noble Lords that we are committed to levelling up opportunity to make sure that all children have a fair chance in life, wherever they live and whatever their circumstances. We are specifically targeting funding towards disadvantage. Through the national funding formula, we are allocating £6.7 billion towards additional needs, including deprivation, which is a sixth of available funding. In addition, we are directing other funding sources towards disadvantaged pupils, including the pupil premium which is rising to over £2.6 billion this year, and the school supplementary grant which includes a further £200 million targeted towards deprivation. We are also allocating over £200 million to support disadvantaged pupils as part of the holiday activities and food programme. This means that, altogether this year, we are allocating £9.7 billion towards pupils with additional needs, including deprivation.

For the 2022-23 academic year, the Government have committed around £500 million through the recovery premium and £350 million through the national tutoring programme, through which 1.5 million courses have been started so far to support the children whose education has been most impacted by the pandemic, with a particular focus on disadvantaged pupils.

By introducing the national funding formula and replacing the previous postcode lottery, we have a funding system that is much more responsive to changes on the ground. School funding is allocated based on current patterns of deprivation and additional needs across the country. It means that pupil intakes that have similar levels of deprivation, such as Liverpool and Wolverhampton, or Calderdale and Coventry, are now receiving similar levels of funding per pupil. The redistribution of funding seen since the introduction of the national funding formula reflects that the funding system has been catching up with changes in patterns of relative deprivation.

As we have discussed at length, the principle of transparency has underpinned our reforms to the school funding system. As I have said, we publish information annually on the national funding formula. We are committed to publishing the impact of transition on individual schools and on different types of school every year. I would also like to reassure the noble Lord, Lord Hunt, who is not in his place, that this does include the factor weightings which he questioned in the last group. Based on this, it is already possible to see the geographical distribution of funding and how that changes year on year, and what support the national funding formula offers for deprivation. We will continue to review the impact of the national funding formula in terms of meeting policy objectives, such as supporting schools to close attainment gaps. In addition, we want to ensure the information we publish is as helpful as possible and we are currently consulting with schools and the wider sector on what published information would be most useful for them.

I hope this has persuaded your Lordships that the national funding formula will continue to distribute funding ever more fairly, based on the needs of schools and their pupil cohorts. I therefore ask the noble Baroness opposite to withdraw her Amendment 87.

[Baroness Wilcox of Newport (Lab)]

I thank the Minister for her reply. Nevertheless, our concerns remain, and much of what my noble friend Lord Davies has discussed is worthy of support. But in terms of our specific amendment, our call for a robust analysis still stands, together with detailed democratic scrutiny of the funding formula, and concerns around the removal of local authorities in allocations of funding still apply. However, I beg leave to withdraw my amendment.

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[Baroness Wilcox of Newport (Lab)]

My Lords, the 7p increase to infant school meals announced yesterday by the Government has generally been received as inadequate. Labour’s amendment compels the Secretary of State to review food standards every three years and to consider quality, nutritional value and value for money. As noted, the Government rejected Henry Dimbleby’s advice to extend free school meals to 1 million more children in need and to raise the grant schools get in line with rocketing inflation. Schools are already reducing meal sizes to afford their obligations. Will the Minister say what the Government’s plans are to help avoid children going hungry? Have they done any analysis of what inflation is doing to the amount of food schools are able to provide and the adverse effects when this gets smaller and smaller?

I shall give the UK Government some good ideas and positive direction on what the Welsh Government are doing on these matters. From September, some of the youngest children in primary schools in Wales will begin receiving free school meals. Our First Minister said:

“no child in Wales should go hungry and … every child in our primary schools will be able to have a free school meal.

We are facing an unprecedented cost-of-living crisis. We know younger children are more likely to be living in relative income poverty, which is why the youngest of our learners will be the first to benefit.


This cost-of-living crisis is being felt by families all over Wales, extending free school meals is one of a number of measures we are taking to support families through this difficult time.”


I sincerely urge the Minister to reflect on these proposals and see whether there is the political will to do something similar for English children.

In terms of what we can practically do in the meantime, our amendment would ensure that food standards are reviewed regularly and would weigh up value for money with quality and nutritional value. All the evidence suggests that children cannot learn when there are hungry. Acting on this fundamental principle is surely an all-round win for the Government.

We know that governmental focus has drifted from children in care too. In March, it was revealed that the National Tutoring Programme, referred to earlier, no longer had to ensure it was reaching two-thirds of the most deprived pupils. The requirement that two-thirds of pupils in the programme must be from disadvantaged backgrounds was in place for a reason: there is strong research evidence that poorer pupils have been the biggest losers from the pandemic, seeing greater attainment losses than their peers.

For the purposes of political balance, as I have quoted my First Minister, I shall now quote what the Conservative MP Robert Halfon, who chairs the Education Committee, said about the National Tutoring Programme:

“The Government must ensure Randstad shapes up, or boot them out. The catch-up programme must be shown to be reaching disadvantaged pupils and this data must be published.”


So there is cross-party agreement that we must ensure that disadvantaged pupils are at the front and centre of our thinking in all aspects of educational provision, especially in the critical area of school admissions. As was debated on Monday, we cannot exclude pupils and operate a soft selection policy as it is unfair and frankly immoral.

[Baroness Barran (Con)]

My Lords, I turn first to Amendment 89 in the names of the noble Lord, Lord Storey, and the noble Baroness, Lady Humphreys. As the noble Baroness said very eloquently, providing free school meals to eligible children is very important to this Government. We spend around £600 million per year making sure that 1.25 million infants enjoy a free meal under the universal policy. The per-meal rate was increased last year and the Secretary of State recently announced a further £18 million, increasing the rate to £2.41 per meal, which has been backdated to April this year. The noble Lord, Lord Young of Norwood Green, stressed the importance of supporting children in the early years, particularly post the pandemic. He is absolutely right.

Under the benefits-related criteria, the Government provide a free meal to around 1.9 million more children. For 2022-23, funding through the free school meal factor in the national funding formula is increasing to £470 per eligible pupil. In recognition of cost pressures, after the national funding formula rates were set the department provided extra for core schools funding for 2022-23. Core schools funding for mainstream schools, which includes benefits-related free school meals, is therefore increasing by £2.5 billion, compared with last year.

Schools Bill [HL]

Baroness Barran Excerpts

Committee stage & Lords Hansard - Part 1
Monday 13th June 2022 Lords Chamber

Moved by

[Baroness Barran]

30: Clause 2, page 3, line 35, leave out subsection (6)
Member’s explanatory statement
This amendment removes clause 2(6), bringing the treatment of secure 16 to 19 Academies under that clause in line with that of other Academies. This means that if an Academy standard applies to secure 16 to 19 Academies, this can trump any corresponding contractual provisions.

[The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)]

My Lords, I turn first to the government amendments in my name. The majority of these represent technical amendments to deliver the policy as intended, extend consultation requirements to existing measures and otherwise clarify the intent of the Bill.

[Baroness Chapman of Darlington (Lab)]

I apologise, but I want to intervene on the Minister before she gets too much into her stride. I want to put on record the disappointment from these Benches that these amendments, which we do not consider to be simply technical or minor, are grouped together. It is a shame, because we would have liked to debate them separately. Can the Minister bear that in mind as we come to Report?

[Baroness Barran (Con)]

Of course, we will take that into consideration. I was not aware of the noble Baroness’s concerns. To echo that, there are two measures which are more substantial, which relate to secure schools and a prohibition order as part of our enhanced suite of powers to tackle unregistered schools.

I turn first to Amendments 30, 42 and 76, relating to secure schools and their particular context. Secure schools place education at the centre of the response to supporting children in custody, to reduce reoffending and improve children’s life chances. They will be established as both secure children’s homes and secure 16 to 19 academies using the academies framework as a basis for opening.

Secure schools’ funding agreements require unique provisions that reflect their context. Clause 2(6) was drafted to ensure that future new academy standards would not invalidate those unique provisions. We have now confirmed that primary legislation is not required to achieve that because new standards can be selectively applied within the standards themselves. Amendment 30 therefore removes Clause 2(6) as unnecessary to the functioning of the Bill.

Turning to government Amendment 42, Clause 8 requires the Secretary of State to provide seven years’ notice if they wish to terminate funding for an academy to ensure continuity for all year groups. Because children will generally spend fewer than two years in a secure school, Amendment 42 will modify Clause 8 to reduce the termination notice period from seven to two years for secure schools.

Amendment 76 introduces provision for secure schools covering payment termination notices as well as local impact considerations and consultation requirements. On payment termination notices, it amends the Academies Act 2010 to make it consistent with Amendment 42. Section 2 of the 2010 Act places a requirement on the Secretary of State to give seven years’ notice before ceasing payments to an academy. For the reasons I set out when discussing Amendment 42, this amendment will modify the Act to reduce this notice period to two years. Existing consultation requirements for academies include the requirement that the Secretary of State consider the impact of new academies on existing schools in the area. Given that the secure school will not be recruiting from the local area in the same way as local schools, we seek to disapply this requirement to secure schools.

The Academies Act also requires providers to consult relevant persons, such as local residents, on whether an academy arrangement should be entered into. Our view is that there will be a wide and complex range of views on the location of a secure school that the Government will wish to engage with. A “yes or no” consultation on a secure school is less likely to promote this engagement and, instead, the consultation will focus on how the secure school will work with local partners.

I acknowledge that Amendments 76A and 76B have been tabled to Amendment 76 in my name, and I shall respond to the comments from the noble Lord, Lord German, in my closing remarks.

Amendment 40 relates to academy trust standards. Clause 7 allows the Secretary of State to replace an entire trust board with a board of interim trustees. The amendment makes specific provision for the Secretary of State to consult the relevant religious body where the trust includes academies designated as having a religious character. It takes account of the fact that religious bodies have a particular interest in the governance of academies with a religious character, as reflected in those academies’ articles of association. Where the Secretary of State intends to appoint an interim trustee board, the religious authority will rightly wish to be assured that arrangements are in place to safeguard academies’ religious character. The amendment will ensure that religious bodies are able to make representations before any decision is made to appoint an interim trustee board.

I now turn to the five amendments relating to termination provisions for academy agreements and master agreements. Amendments 43 to 46 and 48 in my name relate to the termination procedure to be followed where a 16 to 19 academy is judged by Ofsted as not providing an adequate quality of education or training, or if the Secretary of State is of the view that boarding accommodation at an academy does not meet the required standards. The effect of these amendments is to apply the termination procedure which applies when an academy is judged inadequate by Ofsted, and it ensures consistency of approach. It also replicates the termination procedure currently provided for in funding agreements in these circumstances.

Amendment 47 expands Clause 11 so that it applies to academy agreements as well as master agreements in the case of a change of control of the trust or an insolvency event occurring. This means that the termination power will apply to a single-academy trust as well as a multi-academy trust. This is a corrective amendment to ensure that the legislation accurately replicates provisions in existing funding agreements.

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[Baroness Barran (Con)]

My Lords, I thank your Lordships for your contributions. I confess to being puzzled about the concerns on groupings, because those were agreed through the usual channels. Colleagues will obviously have heard the concerns expressed today, but we did go through the normal process and were not aware of some of the points raised.

[Lord Hunt of Kings Heath (Lab)]

My Lords, with the greatest respect, I say that the Government put those amendments into one group. Only movers of amendments can remove amendments from them so, as far as ordinary Members of the House of Lords are concerned, we were presented with a fait accompli about which we could do nothing.

[Baroness Barran (Con)]

As the noble Lord heard me say, this was agreed through the usual channels where we could have discussed that, had serious concerns been raised. The point has been heard loud and clear but I wanted to give the context. A number of points have been raised which I will aim to address, but I start by thanking the right reverend Prelate the Bishop of Bristol for her support on Amendment 40.

I turn to Amendments 76A and 76B tabled by the noble Lord, Lord German, and presented today by the noble Baroness, Lady Garden, in relation to Amendment 76 in my name on secure schools. Regarding Amendment 76A, the Government remain open to considering any objection to the opening of a secure school. We expect that if the question were framed in this way, however, most local concerns about opening a secure school would focus on its custodial nature. These concerns may very well be valid. However, the secure school provider is not realistically able to address issues with the fundamental character of the school. Instead of consulting on whether a secure school should open, we propose that the provider must consult on how it should work with local partners. That, we hope, should ensure that the consultation is focused on issues that the provider is empowered to address.

Connected to this, Amendment 76B, which proposes to include local government in the consultation requirement, would not result in any material change. This is because the secure school provider must consult on how it will work with local partners, and the definition of local partners that we have used already includes any person

“whose functions are functions of a public nature”,

as set out in Section 6 of the Human Rights Act 1998. The noble Baroness asked if there were any changes in relation to planning. There is clearly no intention to evade planning regulations. She also asked whether the position of the local authority had changed. Of course, more broadly, the position of local authorities will change, given that we intend to give them powers to set up multi-academy trusts, which they have not historically been able to do.

The noble Baroness, Lady Chapman, raised concerns about the potential scope of the proposed education and childcare behaviour orders, while welcoming the principle behind them. I reassure her that while these orders have been designed to be broad in scope, their use will be focused. The court can exercise discretion to impose an order only if it considers it appropriate to do so, and it would be appropriate only for the purposes of protecting children from the risk of harm arising from a defendant re-committing an offence of conducting an unregistered independent educational institution.

We intend for these orders to prohibit activities taking place only in specified settings at specified times of the week, rather than them being a sweeping power. In sentencing, the courts must do so proportionately, so it is not our intention that these orders should prohibit someone working in a setting that is already subject to another regulatory regime. Other regulatory bodies, such as the Teaching Regulation Agency, may wish to take action against those found guilty of conducting an unregistered school but these orders are not designed to interfere with that work. Their aim is to prevent the behaviour which has led to some being prosecuted for conducting an unregistered school, not to interfere with someone’s activity beyond that.

[Baroness Chapman of Darlington (Lab)]

I am grateful; that is helpful. Does the Minister intend to publish any guidance or examples? At the moment there is nothing, as drafted, to say whether these orders will be about someone’s professional ability to engage in running an illegal school or if it will impinge in other areas of their life and their contact with children. There is nothing to give us any guidance about this at the moment.

[Baroness Barran (Con)]

I undertake that we will provide guidance—in inverted commas—whether that is formal guidance or setting out examples in a letter as the noble Baroness suggests. I will need to check with colleagues as to the most appropriate way to do that. I am happy to undertake that we will provide a full explanation, as she rightly requests.

My noble friend Lord Baker, the noble Lord, Lord Knight, and others, questioned whether the measures in the Bill would affect an academy trust’s charitable status. I am pleased to confirm that the Government have engaged with the Charity Commission about the intervention powers, including the termination provisions in the Bill. There are currently no concerns about the interaction of these powers with the independence of charities. My noble friend Lady Berridge raised a very pertinent point again. I reassure her that her letter is in preparation as I stand here.

Through the schools White Paper, the Government set out their vision to deliver real action and level up education, supporting children, empowering teachers and school leaders and enabling parents. This Bill and these amendments help deliver that vision by underpinning it with legislation focused on improving the systems and standards of schools. I commend the amendments in my name and ask the noble Baroness, Lady Garden, not to move the amendments in the name of the noble Lord, Lord German.

Amendment 30 agreed.

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[Lord Addington (LD)]

My Lords, it might be helpful to point out that my amendment was inspired by the Delegated Powers and Regulatory Reform Committee report, which talks about Clause 3 and its relevance.

[Baroness Barran (Con)]

My Lords, I shall now speak to the group of amendments relating to Clause 3, ahead of the question being put on whether Clause 3 stands part of the Bill.

First, I shall speak to Amendment 31. In response to the noble Lord, Lord Addington, I begin by reassuring the Committee again that I have fully heard the concerns that have been expressed about the Henry VIII power conferred on the Secretary of State by Clause 3, including those, importantly, from the Delegated Powers and Regulatory Reform Committee. We are carefully reflecting on what noble Lords have said today on the matter, as well as on the report from the committee. Any use of the power in Clause 3 would be exercised by the affirmative procedure and, as we will cover in relation to Amendment 34, the Government will consult on any new regulations.

Academy trusts are already subject to many of the same requirements as maintained schools, set out in numerous pieces of primary legislation. We want to consolidate these requirements on trusts as much as possible into the academy standards regulations. This will be a gradual process, and we want to work with trusts on the implementation of the standards at a pace which is right for them. As we move towards a school system in which all schools are academies within strong trusts, we want to ensure that the legal framework is fit for purpose, including by removing requirements should they prove excessively onerous or unnecessary. Clause 3 enables the Secretary of State to make these adjustments, subject to the affirmative procedure, and to be responsive to the changing needs of the system.

[Viscount Eccles (Con)]

I do not know whether it is the Committee’s problem, but it is my problem, as I do not understand how this enormous tidying-up process, if it should be called that, has any connection with improving the education of our children. We need some fundamental explanation as to what is perhaps marginally wrong, if I have heard right, and of why this has any real prospect of making any real improvement.

[Baroness Barran (Con)]

My noble friend is right—the thing we should principally be concerned about is improving the education of our children. I will be more than happy to meet my noble friend or any other noble Lord who wants to go through some more of the work that we are doing in relation to that, as was set out initially in the schools White Paper. As I said in the introduction to one of the groups on day one of Committee, this Bill needs to be seen in the context of the wider work that the department is doing and that Ministers are leading in relation to a commitment to improving outcomes for our children, which my noble friend absolutely rightly says should be pre-eminent.

[Baroness Morris of Yardley (Lab)]

The Minister said at the start of her summing up—and it was about the 20th time she had said it—that she had heard the concerns of Members, would reflect on them and would come back. To be honest, unless she gives us some indication as to when she is going to come back and what she is going to say, we are going to have this at every turn. The noble Viscount who has just spoken is right. My noble friend asked about this with the first amendment—and, since the statement at the end of the first day in Committee, I am sure that she has reflected on the views of the House. What conclusions did she come to? Is she able to tell us now? If not, when will she be able to tell us? Then we could perhaps use the time available to us much more constructively.

[Baroness Barran (Con)]

Tempting as it is to take power into my hands and give the noble Baroness the answer straightaway, she knows very well that this is something we need to agree more broadly within the department. As soon as that is done, of course I look forward—that is an understatement—to updating the House.

[Baroness Wilcox of Newport (Lab)]

Before the Minister sits down, I just ask a simple question: when?

[Baroness Barran (Con)]

I must explain to the Committee that I am not able to give a firm date on that today, but as soon as I am able to, I will update the House.

[Baroness Blower (Lab)]

In the debate last week, I was delighted to commend the wisdom and clarity of the noble Viscount, Lord Eccles. If it is impossible for the Minister to say anything more about how this process is going to proceed, she may find herself with requests for any number of meetings with the noble Viscount, but also with any number of people from these Benches, because how we are proceeding does not really seem to be comprehensible or explicable. If we are actually interested in improving things for children and young people through the education system, there is something different we should be doing.

[Baroness Barran (Con)]

I apologise to the noble Baroness. I do not think there is much I can add beyond what I have already said, which is to underline that as soon as I can clarify further, I will.

Turning to Amendment 33, I thank the right reverend Prelate the Bishop of Bristol for moving this amendment on behalf of the right reverend Prelate the Bishop of Durham. As she knows, the Government are a strong supporter of schools provided by the Church of England and by other religious bodies. We believe strongly that they bring great richness and diversity to our school system. That is why we have included measures in the Bill to ensure that statutory protections are in place for academy schools with a religious character, to ensure that their unique powers and freedoms are appropriately safeguarded. The power to designate a school with a religious character is already enshrined in existing legislation. I give a clear commitment that the Government will not use the powers in Clause 3 to affect the designation of academy schools with a religious character.

I appreciate that the right revered Prelate’s concern extends beyond the intentions and commitments of this Government. However, we are committed to ensuring that schools with a religious character remain an important element of our school system in the future. I offer my reassurance that we will give further consideration to ensuring that the powers in Clause 3 could not be used to undermine this.

On Amendment 34A, in the name of the noble Baroness, Lady Wilcox, I am willing to make a commitment on the Floor of the House to your Lordships that the Government will always undertake a full consultation with representatives from the sector prior to any regulations being laid which exercise the power in Clause 3. Those regulations will also be subject to the affirmative procedure.

On Amendment 35, in the names of the noble Baronesses, Lady Chapman and Lady Wilcox, by removing further education institutions from the scope of this power, we would lose the ability to make these adjustments in relation to 16 to 19 academies, with the possibility that we could introduce complexity to the regulatory framework rather than streamlining it. On that basis, I ask the noble Lord to withdraw his amendment and other noble Lords not to press theirs.

[Lord Addington (LD)]

My Lords, really, this is something of a hangover from day one—something I think the noble Baroness, understandably, would best like forgotten. I am still not clear why, when Clause 3 has been so heavily condemned, we are not saying, “Let’s get rid of it and try something else.” The undertaking the Minister has just given about consultation is welcome, but we should not need it, because we should know what we are getting into: it should have been discussed in Parliament, in detail, going through the full process. Also, an undertaking to consult comes back to the old point: I am sure this Minister will stand by it—she is an honourable person, as she has shown in her conduct over this—but we do not know who is coming next; we do not know who is giving the orders next.

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[Lord Adonis (Lab)]

Since the noble Lord has raised the issue of Clause 3 standing part of the Bill, I wonder whether I might add a few remarks in the form of a question to the Minister. Unusually, the debates on this Bill in your Lordships’ House appear to be attracting the attention of the media, which very rarely happens, because people have suddenly noticed that these are extremely wide-ranging powers that have the potential to transform the whole educational landscape in England. One of the commentaries I read said that the person most frequently mentioned in the debates on this Bill so far has been Henry VIII. He has been much more frequently mentioned than the Secretary of State or any of us who are former Ministers, and so he appears to have been the principal author of this Bill. I think the remarks that the noble and learned Lord, Lord Judge, made last week are what the media are latching on to.

In trying to understand the Bill, I have a question for the Minister. My understanding of Clause 3(1) is that it would give the Government the power to override any existing admissions arrangements for an academy by ministerial direction. This is quite significant, because, as those of us who have laboured in this territory know, there are 101 varieties of non-selective admissions, and in respect of academies there are different forms of banding and inner and outer catchment areas—all these things—which are hugely important to the relationship between the school and its community which are usually brokered. I know that some people think that academies operate in a vacuum, but they do not; these arrangements have generally been very intensely negotiated, including with local authorities, to see that there is fairness between schools and so on.

My reading of this clause is that it will give the Government the power to override all the funding agreements in respect of admissions, in a way that may be very ill-thought through, just because a particular Minister or Secretary of State takes against one form of banding and wants a different form of non-selective admissions. This would completely subvert arrangements which, for very good reason, have been entered into between sponsors, multi-academy trusts and previous Ministers and would effectively override the whole contractual basis on which sponsors have taken responsibility for the management of schools. That is my reading of Clause 3(1). I know that there are ongoing discussions, which I have not been party to, but could the Minister confirm that this would give the Government the power to override any existing admissions arrangements set out in a funding agreement? If that is the case, I think Henry VIII has made a dramatic reappearance in the affairs of the Committee this afternoon.

[Baroness Barran (Con)]

I thank your Lordships. I will keep my remarks extremely brief, because we covered many of the points raised this afternoon when we debated this clause on the first day of Committee. If I may, I will write to the noble Lord on his question regarding admissions arrangements and set that out in detail. I ask my noble friend if he will consider withdrawing his remarks about the department taking revenge. It does not take revenge on anybody or anything. It works to serve Ministers to the best of their ability.

Clause 3 agreed.

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We believe the Government need to match the ambition of Labour’s national excellence programme, our plans and vision for education, whereby we will recruit thousands of new teachers to address vacancies and skill gaps across the profession. We will reform Ofsted to focus on supporting struggling schools and ensure we have the best fully qualified teachers in our schools by providing teachers and head teachers with continuing professional development and leadership skills training. This amendment will begin to address the current failings.

[Baroness Barran (Con)]

My Lords, I shall speak to Amendments 35B and 36, which amend Schedule 1. Schedule 1 extends certain provisions in maintained school legislation which currently apply to academies through funding agreements to academies directly.

I thank the noble Lord, Lord Knight of Weymouth, for Amendment 35B. He is seeking to require academies to employ qualified teachers and to be subject to the Secretary of State’s guidance on teacher pay and conditions that applies to maintained schools. However, the provisions in Schedule 1 that the amendment changes relate specifically to special schools and the removal of the power for the Secretary of State to prescribe that special academies employ qualified teachers. The amendment would not have the effect that the noble Lord is seeking to achieve.

However, it is clear that the intended purpose of this amendment and Amendment 36, which is about removing the exemption that academies have for teachers to have qualified teacher status, would provide for a restriction to a core tenet of the academy system, namely that, with the exception of special academies, all academy trusts have the freedom to employ those they believe are suitably qualified to teach in their academies and that all academy trusts can make decisions about pay and conditions of service in their academies.

The academy standards regulations will reflect existing requirements in the funding agreements, including those relating to enrolment in the Teachers’ Pension Scheme or the Local Government Pension Scheme. I have heard the fears expressed about a future Government using these regulations to undermine the freedoms that enable academy trusts to collaborate, innovate and organise themselves to deliver the best outcomes for their pupils, and I am carefully reflecting on those concerns.

On teacher pay and conditions, although all academy trusts have the freedom to set their own pay structure and conditions of service for teachers, we believe the vast majority follow some, if not all, of the guidance in the school teachers’ pay and conditions document. We believe it is right that academies continue to benefit from this freedom because it allows heads and trust leaders to have the flexibility to respond to their local context to support recruitment and retention of teachers. I am reminded of the phrase used by the noble Lord. I do not want to misquote him, but he spoke very powerfully on the first day of Committee about how important and attractive it was to trust our leaders, and that is exactly where these freedoms fall.

Academy trusts are also allowed the freedom to make their own decisions about who they believe is suitably qualified to teach pupils in their academies. However, most schools, including academies, understand the importance of well-trained teachers and choose to employ teachers who have undertaken initial teacher training and gained qualified teacher status. I agree very much with the sentiment expressed by my noble friend Lord Agnew in relation to the quality of the qualification as opposed to just the qualification in its own right. I am slightly baffled at your Lordships’ focus on this, as 96.9% of teachers in academy schools held QTS in November 2021, compared to 97.7% in maintained schools, so there is less than a percentage point difference between the two. The noble Baroness, Lady Morris, seemed to suggest that there are examples where it might be much higher. If that is the case, perhaps she would be very kind and share them with us, so that we can look into that.

The intention behind the amendment is to place additional requirements on academy trusts that would undermine the discretion and flexibility at the front line that fundamental academy freedoms give to heads and MAT leaders. That is not the intention of this Bill. On that basis, I would be grateful if the noble Lord would withdraw Amendment 35B and if the noble Baronesses would not move Amendment 36.

[Lord Knight of Weymouth (Lab)]

My Lords, I am grateful again for this half-hour debate and for the Minister’s reply. It is important that we have a vision for the whole system, now that we are moving to a single system, and perhaps this is something we will continue to reflect on.

I am grateful to the noble Lord, Lord Deben, for his comments. The core of the argument for having a single national pay and conditions arrangement for teaching relates to the difficulty of recruiting people into the profession. It is a critical profession for the future of our country and any society, and we must make sure that we recruit the finest people to be teachers—as one of their careers. These days, we are going to live longer and work longer. I am not saying that you necessarily have to do 40 or 50 years as a teacher, but would it not be great if, for one career, people wanted to be a teacher? It is easier to recruit people if they know that they have a predictable pay progression with a predictable, quality pension at the end of it, as part of their public service—as part of the motivation and the vocation around becoming a teacher.

I hear and respect very much what the noble Lords, Lord Agnew and Lord Nash, say about the output and the nature of the different routes into the profession. There is of course the assessment-only route. People who have been working for 20 years in the private sector or who are coming in from industry could perhaps have some brief training in some of the pedagogic or behaviour management elements that my noble friend on the Front Bench talked about and can then be assessed against the standards that are set around what we require from qualified teachers. They do not have to go through training; they can just be assessed against those standards. One of the things I pioneered when I was working at TES, with the TES Institute, was a route through the assessment-only process.

I am happy to withdraw this amendment. I hope this brief debate has given us cause and a pause to reflect on what kind of system we want for the teaching profession in the context of every school being an academy.

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[Baroness Chapman of Darlington (Lab)]

The Government are in a bit of trouble here. I have not previously sat through a debate where there has been no support at all for what the Government are trying to do. I do not see how the Bill can leave this House intact. It is becoming quite urgent for the Minister to share with us the Government’s intentions around it. I appreciate that may not be possible today, but on Wednesday we should have some indication of how the Government intend to respond. This is getting repetitive and very frustrating. Deep concerns have come up through this discussion that demonstrate again the failure of the Government to engage with academies, particularly on their approach.

My noble friend Lord Knight makes very sensible suggestions about the appointment of trustees, which highlights the issues around remuneration. We get the impression that the Government have not thought this through sufficiently. He rightly highlights the dangers of a gang of usual suspects taking roles—although he did not rule out being one himself. This makes us all realise, the Bill being as it is, that none of us has the first idea where the Government will take us. This is not a sustainable position for the Government to put the Minister in day after day as we go through Committee.

The Bill is muddled and rushed and has not benefited from the regulatory review. We do not understand the haste. There is no clarity about how all this will work in practice. The noble Baroness, Lady Brinton, summed it up really well. She said there was no strategic framework and no detail, and that it does not reflect the White Paper. I am afraid that is where we find ourselves. Several noble Lords have proposed a delay. It would appear a justifiable proposal at this stage, given everything we have heard. It would be in the Government’s interest—perhaps not today but on Wednesday, before we go much further—if we could have some indication about what they are going to do about the fact that they clearly will not have sufficient support to get the Bill through as drafted.

[Baroness Barran (Con)]

I start by acknowledging the noble Baroness’s last comments. I will endeavour to come back on the next day of Committee with more clarity on the points she raises.

I thank my noble friends Lord Agnew, Lord Baker and Lord Nash, who have so much experience in this area, for discussing their concerns in respect of Clauses 5 to 18 with me ahead of today’s Committee. As we know, the vast majority of academy trusts are well managed and meeting their obligations, but it is right that the Secretary of State should be able to step in where trusts fail to safeguard children’s education and public money.

These intervention powers form part of a toolbox of measures enabling the Secretary of State to intervene in trusts in a proportionate way. The powers enable the department to tackle failure at the multi-academy trust level. In response to my noble friends and the noble Lords, Lord Knight and Lord Addington, and the noble Baronesses, Lady Brinton and Lady Chapman, I shall attempt to explain why these powers are necessary, offer some assurance as to how they will be used proportionately, and summarise our plans for building confidence in the department’s decision-making processes.

The powers are necessary for two main reasons. First, they will provide a strong platform on which to build a fully trust-led system. Under the current framework the Secretary of State’s intervention powers are set out in individual funding agreements, as we have heard. These powers can vary, depending on when the agreement was signed. In the case of a multi-academy trust, there may be several funding agreements with different termination provisions. We believe it is the right time to create a more coherent trust framework under which the Secretary of State’s powers can be applied consistently and transparently.

Secondly, the powers will allow the Secretary of State to intervene, where necessary, in a more proportionate way. The current tools are limited and blunt, relying heavily on the power to terminate the funding agreement. For example, Clause 5 will give the Secretary of State a targeted power to act where a trust is failing to fulfil a specific legal duty. This could include, for example, not complying with the new attendance legislation under this Bill or a misuse of funding.

My noble friends have suggested that the Secretary of State could enforce such requirements under common law by taking legal action against the trust for breach of contract. I fear that such an approach to enforcement would be costly and burdensome for both the department and trusts. Instead, the Bill provides for a straightforward remedy, while allowing for resolution through legal action as a last resort.

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[Baroness Morris of Yardley (Lab)]

May I seek some clarification on that point? Will the payment of trustees and the interim executive board be the same for maintained schools? There is a parallel situation there, where a governing body of a maintained school is not strong and an interim executive board is put in place. Are the Government proposing that they be paid as well in the intervening period?

[Baroness Barran (Con)]

I will come back to the noble Baroness on that point. I do not have the answers to hand but I will write to her.

We believe that there will be circumstances where it is right to remunerate trustees who have the particular skills and experience required to tackle the most serious failings in governance and management. These powers offer an alternative to terminating the funding agreement, which could be costly and disruptive to children’s education.

We would expect any additional directors and members of interim trust boards to be drawn from our strongest trusts, in line with our aspiration for a trust-led system. If noble Lords have colleagues who are trustees, or are trustees themselves and wish to discuss this further, I am happy to undertake to meet and explore this point.

My noble friends expressed concerns that these powers could be used in a heavy-handed way, such as terminating a trust’s master funding agreement on the basis of a single breach. As I have explained, the intention behind these measures is to create a more nuanced framework for intervention which avoids resorting to the threat of termination, while ensuring that weaknesses can be addressed. Any Secretary of State is bound by common-law requirements of proportionality. This means that they would terminate a funding agreement only on the basis of a material breach. Moreover, except in very limited circumstances—for example, where a trust is insolvent—the Secretary of State may terminate a funding agreement only after exhausting other options.

In general, the Bill provides for termination only where a trust has not addressed concerns raised through an earlier intervention, whether a compliance direction, a notice to improve or a termination warning notice. I agree that there should be proper scrutiny of how the Secretary of State, through regional directors, exercises any powers of intervention in academies and trusts. The Government’s recent schools White Paper announced a plan for a review of regulation. I assure the Committee and my noble friend behind me that, as part of that review, we will—

[Baroness Chapman of Darlington (Lab)]

Given that the regulatory review seems to be so significant in the Government’s considerations and has come up many times, and that we are discussing pausing the Bill—I know the Minister has not yet engaged directly with that—I wonder whether we could have some idea of the timescale on the regulatory review. Should we wish to suggest a pause, we could make sure that it was for sufficient time, but not too much time, to allow us to benefit from the findings of that review.

[Baroness Barran (Con)]

We plan for the review to be launched in the coming weeks. I cannot give the noble Baroness an exact date, but I think I am allowed to say “shortly”. I have probably said more than I am allowed to.

I will go back, because this is important. The noble Baroness is right to raise the regulatory review; we see it as very important. As part of that, we will look at how we provide for the scrutiny of how these powers are exercised. Critically, we will do that in a way that wins the confidence of the sector.

I have reflected on my noble friends’ concerns, but I believe that, taken together, these clauses create a sound framework for robust but proportionate intervention as we move to a fully trust-led system.

Amendments 39A and 39B in the name of the noble Lord, Lord Knight of Weymouth, envisage a new role for Ofsted in inspecting multi-academy trusts, and make the decision to issue a compliance direction and a notice to improve contingent on the outcome of such an inspection. Currently, the department relies on a range of evidence from a variety of sources to build up a joined-up picture of each multi-academy trust, to inform decisions about intervention. This includes evidence on finance and governance, as well as Ofsted’s school inspection judgments on educational performance.

Through the regulatory review, the department will consider the evolving role of inspection in a fully trust-led system. This will include consideration of how inspection of multi-academy trusts would be co-ordinated with our wider regulatory arrangements, as well as how it would interact with school-level inspection. I hope the noble Lord will agree that it is important that the review runs its course before we make any decisions in this area. He also asked a number of quite specific questions. If I may, I will write in response.

I commend Clauses 5 to 18 standing part of the Bill. I also ask the noble Lord, Lord Knight, to withdraw his amendment.

[Lord Lucas (Con)]

My Lords, the noble Lord, Lord Knight, is right about getting Ofsted into multi-academy trusts. It would make a great difference to how parents are able to interact with the eventual system. Parents need the level of information and reassurance that will come from an Ofsted report, and I hope it would be done in a way that, as others have suggested, is very much focused on the educational aspects, which is where Ofsted’s expertise lies.

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Moved by

[Baroness Barran]

40: Clause 7, page 8, line 7, at end insert—
“(3A) Where the Secretary of State proposes to give an interim trustee notice to the proprietor of one or more Academy schools with a religious character, the Secretary of State must first consult the relevant religious body for each Academy school with a religious character in the proprietor’s care.”Member’s explanatory statement
This amendment requires the Secretary of State, before giving an interim trustee notice to the proprietor of an Academy school with a religious character, to consult the relevant religious body for the school.

Schools Bill [HL]

Baroness Barran Excerpts

Committee stage & Lords Hansard - Part 2
Monday 13th June 2022 Lords Chamber

With Amendment 159, schools must maintain a digital record for pupils, updated quarterly, which may include an assessment of grades, effort, behaviour and any work experience completed. Parents need more information—and information that is relevant to them. Paper reports can easily be lost. All information needs to be centralised so that parents can track progress. Many, if not most, schools in the maintained sector have moved to online systems. If anything came out of the pandemic, it was a shift to online recording of student attainment and parental access to the whole spectrum of teaching and learning resources for their child. Notwithstanding that, I put in a cautionary note. I had a discussion with my noble friend Lord Knight earlier today about the confidential use of data and not selling data to commercial companies.

[The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)]

My Lords, I will now respond to this group of amendments, which relates principally to the academy legal framework. Amendment 41, proposed by the noble Lords, Lord Storey and Lord Shipley, pertains to the geographical spread of multi-academy trusts. I share the noble Lords’ view that this is an important matter.

The Government’s published guidance on building strong academy trusts states:

“When considering whether to grow, an academy trust will need to consider the geographical fit of schools”.


Many trusts operate successfully only in their local area, but others spread their expertise beyond local boundaries, as we heard from the noble Lord, Lord Knight, establishing clusters across England. This amendment risks restricting this sort of innovation, which can enable effective school support and improvements in performance, with clear accountability and strong governance. If I understood rightly, the noble Lord, Lord Knight, suggested that it was an either/or choice between regional clusters and national MATs. I do not think it is either/or; it can absolutely be both/and.

The noble Lord, Lord Davies of Brixton, asked why we would not have only one MAT in an area—for example, having a single multi-academy trust in one local authority area. We believe that there should be parental choice. MATs will have different styles. There is obviously a particular risk profile if all schools in an area are in the same MAT. We think it makes for a healthier ecosystem if there are several MATs in an area. I have certainly seen examples in local authority areas where a number of MATs are collaborating extremely constructively to address some of the entrenched issues that they find in those areas.

Amendment 49 from the noble Baronesses, Lady Chapman and Lady Wilcox, and Amendment 50 from the noble Baronesses, Lady Blower and Lady Bennett, and the noble Lord, Lord Hunt, relate to an individual academy leaving its multi-academy trust. As we stated in the schools White Paper, we will consult on the exceptional circumstances in which a good school could request that the regulator agrees to the school moving to a stronger trust, but we do not want to pre-empt the outcome of that consultation by legislating now, not least as we expect the process to be administrative rather than legislative. I thank the right reverend Prelate the Bishop of Chichester for his reflections on the risks of destabilising the system through schools moving from one trust to another. I gently reflect back to the noble Baronesses who spoke on this that it is important that this measure works for the individual school, which both of them pointed out, but it also needs to work for the multi-academy trust, which I did not hear either of them refer to directly.

I turn to Amendment 55. I thank the noble Baroness, Lady Blower, for her amendment relating to academies without a religious character joining a MAT with a majority of or all academies with a religious character. The process by which an academy joins another trust is a matter for agreement between the two trusts and is subject to the approval of the Secretary of State in the person of the regional director. When considering any application for a stand-alone academy to join a trust, the regional director will consider what stakeholder engagement has taken place and take account of views expressed. It is neither necessary nor appropriate to provide specific consultation requirements in legislation. I again thank the right reverend Prelate for his clarification about church model articles.

I also thank the noble Lords, Lord Storey and Lord Shipley, and the noble Baroness, Lady Garden of Frognal, for Amendment 77. As the noble Lords pointed out, academy autonomy is a core principle of the academies programme. For the past decade, such powers and freedoms have been available uniquely to academies, providing them with greater freedom and flexibility in how they operate and promoting innovation and diversity in the system. As set out in the schools White Paper, our intention is that by 2030, all children will benefit from being taught in a strong multi-academy trust or with plans to form one. Therefore, all schools will be able to benefit from academy status and its associated autonomy in the near term.

Amendment 79A concerns the relationship between further education colleges and multi-academy trusts. Further education providers and academies are different types of organisation founded on different legal frameworks. Although that prevents them joining as a single legal entity, FE providers are still able to play a valuable role supporting academies, and this includes forming a multi-academy trust and sitting on academy trust boards. We are committed to considering what more we can do to minimise any existing barriers when further education providers work alongside academies, and we have established a working group with a group of FE providers to explore this in more detail.

Amendment 94, in the name of the noble Baronesses, Lady Chapman and Lady Wilcox, and Amendment 95, in the name of the noble Lord, Lord Shipley and the noble Baroness, Lady Bennett, relate to financial reporting in academy trusts. The Government hold academies to account for their financial health through the academy trust, which is the accountable body that signs the funding agreement with the Secretary of State. The department publishes a full report and consolidated accounts for the academy sector annually. It is right that academy trusts hold appropriate levels of reserves to enable investment in initiatives that will improve pupils’ educational experience, as well as supporting them to meet challenges.

This year, the Department for Education will collect information from trusts holding reserves equal to 20% or more of their overall income to assure us that there are robust plans in place to use them, as the noble Baronesses suggest. There is a split in reserves between what we might call core reserves, investment reserves and those that academies will need if they take on failing schools with low pupil numbers to manage the lag in their funding as those pupil numbers increase, and we need to understand that picture fully.

I really do not recognise the example given by the noble Lord, Lord Shipley, of rural schools feeling that they lose funding. I recognise much more the example that the noble Lord, Lord Knight, gave the Committee. The noble Lord, Lord Shipley, may have a specific example that he would like to share. Often, we see exactly the reverse—that small schools are made sustainable through the MAT.

[Lord Shipley (LD)]

I can clarify that for the Minister. I simply picked up a view that rural schools may feel that they could lose money and that, as a consequence, such a school may feel that it has become less viable. It was a worry about what might happen as opposed to the case if everybody had to become part of a multi-academy trust; that was the concern. If the Minister could allay those fears, that would be helpful.

[Baroness Barran (Con)]

I thank the noble Lord for that. I will endeavour to find some examples that he can share with those who have expressed such concerns of where smaller rural schools have benefited from being part of a trust with the unattractively named GAG pooling, which the noble Baroness opposite will be dreaming about tonight.

Multi-academy trusts must publish their annual audited accounts online, including details of their objectives, achievements and future plans. They must set out what they have done to promote value for money in support of those objectives as part of their accounts. We currently publish funding allocations for each individual academy. School-level income and expenditure information for schools that form part of a MAT is also available online. If noble Lords are not familiar with that information, it is extremely comprehensive and useful. Parents and others are able to see not only what their child’s individual school receives and spends but how this compares to the income and expenditure of other similar schools, whether they are academies or maintained schools. I will put the link to that website in my letter to noble Lords after this debate.

Turning to Amendment 157, tabled by the noble Baroness, Lady Chapman, I am pleased to say that we have launched a new regions group in the Department for Education. It brings together the ESFA and the former regional schools commissioners to address some of the issues that the noble Baroness pointed to. We are confident that this new group will deliver the singular role of scrutiny that is set out in the noble Baroness’s amendment.

I thank the noble Lord, Lord Knight, for his Amendment 79B, which proposes a regional schools commissioner advisory board. He will be aware that, as he alluded to, regional directors—formerly regional schools commissioners—are currently supported by their own advisory boards. We believe that it is beneficial that those board members are made up of a mixture of head teachers, trust leaders, trustees and business leaders who bring specific expertise and experience to decisions that directly affect academies, in particular approving academy conversions and matching schools to strong trusts. It is important to note that advisory board meetings are transparent: agendas are already published in advance and records of meetings are published. The noble Lord, Lord Knight, referred to an annual report, but an annual report is already published by region.

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Moved by

[Baroness Barran]

42: Clause 8, page 8, line 28, at end insert—
“(3) Subsection (2) applies to an Academy agreement in respect of a secure 16 to 19 Academy (see section 1B of the Academies Act 2010) as if the reference to the seventh Academy financial year were a reference to the second Academy financial year.”Member's explanatory statement
This amendment provides for a two-year notice period for terminating an Academy agreement in respect of a secure 16 to 19 Academy (in contrast to the seven-year notice period which applies to other types of Academy).

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Moved by

[Baroness Barran]

43: Clause 9, page 8, line 29, at end insert—
“(A1) The Secretary of State may by notice terminate an Academy agreement with the proprietor of an Academy if any of subsections (1) to (1B) applies.”Member's explanatory statement
This amendment, and the other amendments to clauses 9 and 14 in Baroness Barran’s name, allow the Secretary of State to terminate an Academy agreement without first issuing a termination warning notice in certain cases where the Academy is failing.

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Moved by

[Baroness Barran]

47: Clause 11, page 9, line 23, leave out “a” and insert “an Academy agreement or”
Member's explanatory statement
This amendment allows the Secretary of State to terminate an Academy agreement as well as a master agreement if there is a change of control or insolvency event (so that an Academy agreement in respect of a single-Academy trust could be terminated on those grounds).

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Moved by

[Baroness Barran]

48: Clause 14, page 12, line 11, leave out subsections (6) and (7)
Member's explanatory statement
See the explanatory statement to the amendment in Baroness Barran’s name at page 8, line 29.

Schools Bill [HL]

Baroness Barran Excerpts

Committee stage
Wednesday 8th June 2022 Lords Chamber

There is one thing we need, following King Lear’s “Nothing will come of nothing”: if we are going to have a high-quality state education system, it has to have a decent level of funding. In the modern world, where the demands on education are so great, that must be funding which at least keeps pace with inflation and, in terms of the capital stock, which has been massively underinvested in in our education system, it should go beyond that. The great missed opportunity at the moment is of a Government committed to investing in education and taking successful and proven models and spreading them more widely. The Bill will not do anything to achieve that goal. Hopefully, it will not make anything worse, but it simply postpones the moment when we have to have a new reckoning about the investment we are prepared to make, as a society, in our state education system. It must be significantly more than we are making at the moment.

[The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)]

My Lords, I shall begin by speaking to the first group of amendments, which are mostly amendments to Clause 1 tabled by the noble Baronesses, Lady Chapman and Lady Wilcox. Clause 1 enables the Secretary of State to make academy standards regulations, subject to the affirmative procedure. I have heard concerns from almost every noble Lord who has spoken this afternoon about the breadth of the power in Clause 1 and the potential for the centralisation of power over academies with the Secretary of State. I genuinely look forward, after today’s debate, to reflecting on the points that have been raised, and I hope I will be able to meet and discuss them further ahead of Report.

If I may, I will just set a little of the context of the Bill and why it should not be seen in isolation. My noble friend Lord Lucas asked how this makes schools better. The Bill needs to be seen in the context also of what was covered in the schools White Paper, with the Government aiming to improve further the quality of education. We plan to do this through our commissioning approach, by creating a system that incentivises school improvement, and by a coherent inspection and regulatory approach. Much of this work to raise standards will be done in the coming months and will involve extensive engagement with the sector. However, we are clear that we need to ensure that no school or trust falls below a clearly articulated minimum standard. The Bill sets out what these standards could include and, in later clauses, how we propose to enforce them. I recognise concerns from noble Lords about the proportionality of our enforcement approach, and I hope to address those concerns in future debates.

The current regulatory regime has enabled the growth of the academy sector over the last decade, and I pay tribute to noble Lords in the Chamber who were instrumental in making that happen, but it was designed for a school system comprising hundreds of academies, rather than a trust-led system comprising all schools. The academy standards regulations will set out the requirements on academy trusts clearly, consistently and subject to parliamentary scrutiny. On the point made by the noble Lord, Lord Addington, that the Secretary of State can jump out of bed in the morning and change things, that really is not accurate, and I will try to clarify further. They will create a common rulebook for academy trusts that is capable of applying equally to all trusts and types of academy. This is an important step that will provide a level playing field for multi-academy trusts and more effective and proportionate options for enforcement if a trust does not meet those obligations.

We are introducing the new regulatory framework in a phased way to minimise disruption to the sector. To this end, we do not intend to use these regulations to place significant new burdens on academies that would restrict the freedoms that enable them to collaborate, innovate and organise themselves to deliver the best outcomes for their pupils. We will formally consult on every iteration of the academy standards regulations. We expect the first set of regulations will largely consolidate the existing requirements on academy trusts that are found in their funding agreements, the independent school standards regulations and the Academy Trust Handbook.

I reiterate that I recognise the strength of feeling across the Chamber on Clause 1 and fully intend to take whatever time is needed to reflect on the concerns, views and suggestions of noble Lords today.

The noble Baronesses, Lady Chapman and Lady Wilcox, have tabled a number of amendments relating to what the academy standards regulations may or may not cover. To be clear to the House about the Government’s intentions, we had provided examples of what the academy standards regulations may cover in Clause 1(2). However, I accept that the list of examples is lengthy, albeit they describe requirements that largely already apply to academies.

The noble Baronesses, my noble friend Lord Nash and others have suggested that the regulations must set out standards equivalent to those applied to independent schools. I think your Lordships will appreciate, however, the need for additional requirements on matters such as the appropriate management of public funding, fair admissions and other matters covered not by the independent school standards but by, for example, funding agreements. As previously mentioned, we want to consolidate as much as possible the existing requirements into a single set of regulations. We could not achieve that if most requirements were to remain in funding agreements and the Academy Trust Handbook.

The noble Baronesses are also seeking that examples listed in Clause 1(2) be removed, such as curriculum, admissions, governance, teacher pay and pupil assessment, among others. The Government have no desire to intervene in the day-to-day management of individual academies other than in cases of failure, but we must get the basics right. To take only one example, we believe it is important that parents can continue to rely on a fair admissions system when they apply for a school place.

Clause 2 will make void any provisions in existing academy funding agreements that deal with the same matters that will be in the academy standards regulations. I recognise from conversations with my noble friends Lord Baker, Lord Agnew and Lord Nash that they have concerns about existing contracts being overridden. This was also raised by the noble Lord, Lord Knight of Weymouth. Of course, this is something that Governments would wish to do only very rarely, but the only alternative in this context, as the noble Lord, Lord Knight, pointed out, would be to seek to renegotiate individual contracts with individual trusts, which would be a far more complicated, expensive and time-consuming approach.

There is precedent for this approach. For example, the Children and Families Act 2014 made provision requiring academies to provide free school meals to pupils, bringing them into line with requirements on maintained schools. Those provisions overrode funding agreements; as here, that was deemed appropriate in order to enable us to make essential changes and regulate and support schools better. This is an important clause for enabling the current contract-based regulatory regime to move to a simpler, single overarching statutory framework, which will ensure that academy trusts are all subject to the same requirements that will be in the regulations.

Finally, Clause 4 will require academy trusts to have regard to guidance that the department will issue. The guidance will provide a clear and accessible articulation of the requirements in the academy standards, providing greater clarity for the benefit of both academy trusts and wider stakeholders.

The noble Lord, Lord Knight, questioned whether the Bill should be a hybrid one. The legal advice we have taken suggests that this is not a hybrid Bill, but I am happy to return to this point in the letter providing more detail.

In closing, I would like to pick up on just two points; one was raised by the noble Baroness, Lady Blower, about acknowledging the strengths both in academies and in local authority maintained schools. I think it was the noble Lord, Lord Hunt, who challenged me on that at the Dispatch Box in an earlier debate, but the noble Baroness will know that it is absolutely clear in the schools White Paper and in our move to encourage local authority maintained schools to create their own MATs that we recognise absolutely the strengths in the maintained sector and hope to use that for the benefit of more schools and more pupils in future.

I genuinely thank your Lordships for the very constructive tone of this debate and for the spirit in which you have shared your expertise, experience and advice. As I have said, we will reflect on that with great care. On that basis, I ask noble Lords not to press their amendments.

[Baroness Chapman of Darlington (Lab)]

I think it is only right that I recognise the tone that the Minister has just struck and welcome the fact that she has acknowledged the concerns from across the House—although I do not think she had much choice. She said that she will listen and that there will be consultation on standards. I gently suggest that this should take place before the Bill goes through its future stages. The Minister is managing to unite the noble Lords, Lord Baker and Lord Adonis, and the noble Baronesses, Lady Bennett and Lady Morris, which is quite something to achieve. It would be far better for school leaders, parents and students to see us proceed with something which, although perhaps not consensus, is short of the level of concern we have heard expressed today. Obviously we will return to this issue at later stages, but I thank the Minister for the way she has engaged with the discussions so far. I beg leave to withdraw the amendment.

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[Baroness Barran (Con)]

My Lords, I move on to the second group of amendments. As I have spoken at length on the first group on the intention and rationale behind Clause 1, I hope that your Lordships will understand if I do not repeat those arguments. I want to underline that I have noted the very strongly held concerns, particularly from the Delegated Powers and Regulatory Reform Committee, as expressed by the noble Baroness, Lady Meacher, and the noble and learned Lord, Lord Judge, and underlined by the noble Lord, Lord Hunt. We are considering closely the reports from that committee and from the Constitution Committee, which came out on Monday, and we will look forward to working with all your Lordships to address these issues.

Turning to Amendment 2 from the noble Lord, Lord Addington, I remind the House that our intention is for the initial regulations largely to consolidate and reflect existing requirements on academies. The Government recognise the importance of consulting representatives from the sector on the regulations and I am willing to make a commitment on the Floor of the House to your Lordships that this Government will always undertake a consultation on the regulations, prior to them being laid. I hope that reassures your Lordships, including my noble friend Lord Baker, who suggested otherwise.

I also remind your Lordships that under the current regulatory regime for academies, the Secretary of State can add any new requirements into the model funding agreements or Academy Trust Handbook without any parliamentary oversight. Moving to a statutory set of regulations will provide Parliament with the opportunity to scrutinise, debate and vote upon the exercise of power in Clause 1.

Moving on to Clause 3, we are at the beginning of the process of consolidating existing requirements on academy trusts into a single set of academy standards regulations. Over time, we envisage amending or repealing primary legislation which applies directly to academy trusts and, where necessary or appropriate, moving such provision into a single set of regulations. This clause provides the Secretary of State with the necessary power, subject to the affirmative procedure, to amend primary legislation by regulations, leading to a simpler and more transparent regulatory framework suitable for a system that is fully trust-led.

As the academy system evolves, it also allows the Secretary of State to make necessary changes that will strengthen the regulatory framework in future. The power in this clause is restricted and cannot make provision about the designation of selective academy grammar schools or alter their selective admission arrangements. The noble Baroness, Lady Morris, asked for clarification in relation to Clause 1(6). Although the clause as drafted prevents the Secretary of State removing admission arrangements from grammar schools via secondary legislation, it would of course be open to a future Government to change the law on selection via primary legislation; nor can it amend the provisions of this Bill which relate to governance, collective worship and religious education in those academies that have a religious character. I thank the right reverend Prelate the Bishop of Durham for his very kind remarks about working with the department and the Secretary of State.

Clause 3 also introduces Schedule 1, which sets out the primary legislation that is being extended or disapplied in relation to academies through the Bill. This reflects the fact that we wish these requirements to be statutory, rather than in individual funding agreements.

I turn to Amendment 32 from the noble Lord, Lord Hunt, and the noble Baroness, Lady Meacher. I have heard the concerns expressed about the power conferred on the Secretary of State in Clause 3 and am carefully reflecting on what your Lordships have said on this matter. The noble Lord asked for the basis on which we took the powers as drafted in the Bill. My officials studied the reports in great detail and took great care with the delegated powers in the Bill. The noble Lord may be aware that 47 of the 49 powers taken received no comment from the committee.

It is our view that establishing academy trust standards creates improved scrutiny for Parliament, not less, and that was the rationale behind the way in which the measure was drawn together. But that in no way diminishes my earlier comments regarding listening carefully to the House on this point, and I underline that we take the recommendations of the committee seriously. I will be reading the 30-year review, as recommended by the noble Baroness, Lady Meacher. I also understand and will take away the points that she made regarding our need to bring clarity about the principles which underpin any delegated powers and how they would be used in future. I look forward to working with her and other noble Lords on that.

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[Baroness Chapman of Darlington (Lab)]

This set of amendments is quite close to my heart. I think most of us here will have served as parent or community governors or on governing bodies in some form or another. I do not think any of us has rose-tinted glasses about the experience; it is not always a fulcrum of democratic engagement enabling parents to make change. That is not quite my experience, anyway. However, it is a formalised way of enshrining the power of parents in decision-making. Echoing what my noble friend Lord Hunt said about Parentkind and the initiatives it proposes, which I absolutely support, we need both: a way of having the formalised power of parents alongside the broader engagement initiatives. I agree with what the noble Baroness, Lady Bennett, just said about her Amendment 21A being entirely complementary to these amendments. This is worthy of the Government giving it some thought and coming back with their own suggestions of how it ought to be done. I have a lot of time for what my noble friend Lord Knight said about avoiding being too prescriptive, but perhaps there ought to be some mechanism whereby schools can decide how they want to go about this task of ensuring that parents are properly represented, empowered, engaged and involved in their children’s education.

There is much evidence that parental engagement is better for all children, not just the children of the parents taking part. It is vital for community confidence in schools. When a school has been through a difficult time—perhaps it has been forced to academise or change its name—community confidence is often the first thing to go. That affects admissions and many different things. The more we can encourage schools, and in some cases compel them, to take steps to improve relationships with the wider community, specifically through parents, the better.

We support the idea of parent councils. We are very warm to that idea. Reflecting on what my noble friend Lord Hunt said about trusts in the NHS, I remember an old friend of mine, Alan Milburn, talking to me about this at the time. I thought it sounded fantastic, but now I question just how effective those mechanisms are on a day-to-day basis. They are important to have, but they work well only alongside a raft of other measures around patient involvement, effective complaints procedures and networks in the local community around specific conditions. The two need to go hand in hand.

So we do not look at this with a backward-facing “Let’s recreate something that’s existed in every school historically”. It is about taking the best of what we have perhaps lost in some situations and adding different ways of engaging parents—there are now quite forward-looking, innovative and creative ways, using technology —to make sure that you do not just get the parents who would probably be most engaged anyway but get parental engagement that is representative of the wider community. I think we all want to make sure that we get that right.

I do not think the Minister is about to stand up and say, “Yes, we accept these amendments”; she is probably going to say that she does not think they are necessary or that there are other ways of going about it. But it would be good if she could come back at some point and explain how the Government are going to encourage or compel—however they want to do it—to make sure that all schools, whatever their governance status, can benefit from the value that can be gained from the really effective involvement of parents.

[Baroness Barran (Con)]

I thank all noble Lords for their amendments relating to trust governance structures, parental representation and engagement, and the definition of “parent” in the Bill.

Amendments 23, 24 and 25, in the names of the noble Lord, Lord Hunt of Kings Heath, and the noble Baroness, Lady Blower, seek to secure the position of parental representation in the trust governance structures at both trust board and local level, and to have a strategic plan for parental and stakeholder engagement. Amendment 25, in the name of the noble Lord, Lord Hunt, also seeks to mandate local governing bodies in all trusts. I would like to cover this point first by saying that the schools White Paper sets out the department’s view that all trusts should have local governance arrangements for their schools. To respond to the query from the noble Baroness, Lady Chapman, about how I was going to deal with this point, we have committed in the White Paper to working with the sector over the summer as the best way to implement this.

Moving on to the amendments pertaining to parental involvement, I reassure the House that it is already our position that all trusts should have a minimum of two parents in their governance structure, as the noble Lord, Lord Knight, pointed out. Amendment 26 continues with a focus on parental engagement in the form of mandating all trusts and academies to have a parent council and specifying the composition, role and support required. Parental and community engagement serves an extremely important role and can have a large and positive impact on children’s learning, as we heard from the noble Baroness, Lady Chapman. An effective scheme of delegation should explain the trust’s parental and community engagement arrangements and how these feed into and inform governance at both trust and local level. The department’s Governance Handbook contains guidance for academy trusts on parental and community engagement.

However, as I said earlier, we believe that trusts are best placed to decide what engagement methods work best in the local context and—to pick up on the point made by the noble Lord, Lord Knight—at different points in the evolution of an individual trust. In addition, the place of parents in the governance of trusts will fall within scope of the planned discussions with the sector about the local tier of governance announced in the schools White Paper, and I am sure that the House would not want to pre-empt the outcome of that discussion at this point.

Amendment 27, in the names of the noble Lord, Lord Hunt, and the noble Baroness, Lady Blower, seeks to ensure that all trusts clearly set out the delegation of powers to their local governing bodies, and that delegation should include ensuring clarity of vision, ethos and strategic direction of the school, holding executive leaders to account, financial performance and ensuring that local voices are heard.

Some of the responsibilities set out in the noble Lord’s amendment are core functions of the trust board as the accountable body of the trust, which the board may already choose to delegate to local governing bodies or choose to retain at board level. As such, there is a risk of duplication and some confusion.

Amendment 38, in the names of the noble Lords, Lord Shipley and Lord Storey, introduces a clause similar, as the noble Lord, Lord Shipley, pointed out, to that of the noble Lord, Lord Hunt, and the noble Baroness, Lady Blower, to mandate local governing bodies, while also including membership and specific powers of the local governing body.

I would like to address both amendments by referring to my previous comments that we will be holding discussions with the sector on local governance arrangements and that we do not want to pre-empt those discussions by introducing requirements concerning local governance arrangements at this point.

The noble Lord, Lord Hunt, and the noble Baroness, Lady Blower, have introduced Amendment 39 to mandate the establishment of an independent scheme of arbitration to resolve disputes between a multi-academy trust and the local governing bodies of individual academies within the trust. It is far from clear that it would be a proportionate and good use of public funds to set up a formal scheme, and we would want to discuss with the sector how local governance arrangements could be effective.

I thank the noble Baronesses, Lady Chapman and Lady Wilcox, for their Amendment 52, which seeks to ensure that references to “parents” in the Bill also include different kinds of legal guardian. We agree that this is an important point, and I am pleased to say that this is already captured within the Bill. The majority of references to “parent” in the Bill are in Parts 1 and 2. Clauses 31 and 46 state:

“Other words and expressions used in this Part have the same meanings as in the Education Act 1996, unless the context otherwise requires.”


I am therefore pleased to say that all references to “parent” in the Bill already include different kinds of legal guardian.

For the reasons set out above, I ask the noble Lord to withdraw his amendment.

[Lord Hunt of Kings Heath (Lab)]

My Lords, this has been a very useful debate. Clearly, I agree with my noble friend that, with parental involvement in school governing bodies, there has perhaps not been a nirvana or golden age where it has always worked perfectly. School governance can be quirky; sometimes heads have far too much control and basically appoint their own governing body, and we have seen the problems that arise from that. However, I think there is a general consensus that getting parents involved in schools is a good thing per se. There are various mechanisms under which you can do that. Parent councils is a very good idea, and I would like to see that further encouraged. However, it is important to have statutory representation, if you like, of elected parent governors on the board of a maintained school or of an academy trust.

When it comes to multi-academy trusts, I still fail to see why it should be optional, in that if you have two parent governors on the multi-academy trust board, you do not then have to have the same representation on local governing bodies, and vice versa. That should be changed. Where you have a multi-academy trust, both the multi-academy trust board and the local governing body ought to have parent governors. However, I am sure that we will find a consensus on that on Report.

When it comes to the relationship between multi-academy trusts and local governing bodies where they are the individual trusts within a MAT, that is obviously a much more difficult issue where we do not have complete consensus. Here, the absence of a way forward for MATs is a big problem for us in trying to decide what is the best way through. In her response the noble Baroness said that obviously this is work that is taking place and that we must not pre-empt the outcome of discussions. I could not help thinking that, unfortunately, the Bill pre-empts the outcome of the discussions, which is why we are having this difficulty at the moment.

However, in principle, it is right that every local school has some kind of governance body. My noble friend Lady Blower is absolutely right: the local school needs ownership of the core decisions. I accept what she says about the need for interventions but, harking back to my health experience, I would say that we have boards until the cows come home but quick interventions can be made. It is really important that, when a parent goes to the school, they know that the people in charge are there, and that includes governance, as much as possible.

Also, we have to sort out this problem of what an academy trust does if it wants to leave a MAT. I heard the noble Lord, Lord Nash, arguing that an outstanding academy trust can go into a MAT and gain great advantage from it, but what happens if it is not going well? Can that outstanding trust leave? At the moment the answer is no, because it has no legal entity of its own to make that decision.

[Baroness Barran (Con)]

My Lords, I know that it is unusual to intervene this way round, but just to clarify for the noble Lord, in the schools White Paper we said that we will consult on the exceptional circumstances in which a good school could request that the regulator agrees that it moves to a stronger trust.

[Lord Hunt of Kings Heath (Lab)]

My Lords, I know, but I worry about the “exceptional circumstances” because I do not see why an individual school could not simply opt out if it wanted to, giving due notice. Perhaps we will come back to that on one of our later amendments.

Having said that, this has been a really good debate. I welcome the Minister’s constructive response and look forward to further discussions. I beg leave to withdraw my amendment.

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[Baroness Blower (Lab)]

My Lords, given the lateness of the hour, I will comment but briefly. Notwithstanding that some of us on these Benches have found this a difficult Bill to amend in the way we might have wanted, I hope the Minister can see that, by proposing the super-affirmative procedure, we are seeking a way through so that we can improve the Bill, at least from our perspective, although I hope that, on reflection, the Government might also consider that the Bill will have been improved.

[Baroness Barran (Con)]

My Lords, this group of amendments seeks to apply additional procedural requirements to the use of the powers in Clause 1. I have heard again your Lordships’ concerns about the centralisation of power over academies with the Secretary of State but, again, we want to do this so that we have a regulatory system which is more transparent and accountable to Parliament than the one which we currently have.

The noble Lord, Lord Hunt, invites me to consider carefully the super-affirmative procedure. The spirit of the regulations is that they will be subject to the affirmative procedure each time they are laid, allowing Parliament the opportunity to scrutinise, debate, and vote on them. We recognise the importance of consulting representatives from the sector on regulations and, as I have said before, the Government will always undertake a consultation on the regulations prior to them being laid.

The noble Baroness, Lady Bennett, referred to the report and impact assessment on the exercise of the powers. The Secretary of State will of course consider very carefully the likely and actual impact on academy trusts of any standards set out in the regulations.

Turning to Amendment 83, I say that Clause 1 is not designed to increase burdens on academy trusts, and that includes burdens associated with regulatory compliance. Clause 1(7) allows the conferral of the Secretary of State’s regulatory functions to another person. It is important that we ensure that the right accountability arrangements are in place. In some cases that will be ensured by Ofsted and Ofqual. It is already the case that the Secretary of State can delegate responsibility for some elements of regulatory compliance, such as in relation to the monitoring of exams and other assessments. The provisions in Clause 1(7) ensure that this can continue to happen under the academy standards framework. I therefore invite the noble Baroness to withdraw her amendment.

[Baroness Wilcox of Newport (Lab)]

The Minister noted that the Government want a more transparent and accountable way forward, but this whole debate has seen strong arguments from all sides of the House, from former Secretaries of State, in direct opposition to this view. I hope that the Minister has been listening, as I am sure that she has, but the story continues, as do the probing amendments and the demystifying of what on earth is going on here, while wanting the central purpose to remain the raising of standards for young people. With that in mind, I beg leave to withdraw my amendment.

Schools: Biometric Technologies

Baroness Barran Excerpts

Monday 6th June 2022 Lords Chamber

[Lord Scriven]

To ask Her Majesty’s Government what assessment they have made of the adherence of schools to Chapter 2 of the Protection of Freedoms Act 2012 when implementing biometric technologies.

[The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)]

My Lords, the decision to use biometric technology rests entirely with individual schools, which must ensure that the use of biometric data complies with all relevant legislation. We provide guidance, making clear that schools must comply with the law when implementing biometric technologies, including the Data Protection Act, the UK GDPR and the Protection of Freedoms Act.

[Lord Scriven (LD)]

Facial recognition technology is now used in classrooms to monitor children’s mood and engagement, despite some parents objecting. The biometric regulator has no powers to enforce compliance with the law in schools and the department does not even monitor the use of this technology. Why are the Government taking this approach, allowing private companies’ marketing departments to determine the parameters of our children’s civil liberties and privacy in the classroom?

[Baroness Barran (Con)]

The Government have extensive legislation in relation to the individual’s rights for their own data, particularly highly sensitive data such as biometric data. The Government have been clear that live facial recognition technology is not appropriate in schools and colleges.

[Baroness Chapman of Darlington (Lab)]

Some 65% of transactions are now cashless in schools, using biometrics, so the idea that we can turn the clock back is unrealistic. However, it is clear that schools must have confidence that these systems work, and there is a complex legal framework around the use of these technologies. Does the Minister think that it would be helpful to schools to have some crisp, clear guidance, so that these systems can be used safely and with parental confidence?

[Baroness Barran (Con)]

The noble Baroness is right. The department is working on the guidance and is aware that it needs updating. I am expecting it to be updated very soon. There will be some important changes within it, particularly in relation to the use of live facial recognition technology.

[Baroness Chakrabarti (Lab)]

My Lords, the Minister quite rightly spoke about data protection. Do the Government agree that this is not just about the individual’s data but about their dignity as well? Is this the way we should be softening up our young people for treatment by corporates coming out of China or anywhere else in the future?

[Baroness Barran (Con)]

The Government are not softening up our children. The use of biometric data in schools requires explicit consent from both parents of a child, and the child themselves can overrule that, should they wish.

[Lord Clement-Jones (LD)]

My Lords, from what the Minister has said today, it is clear that, despite promises, no new guidance has been produced since 2018, the Government have no means of ensuring compliance with that guidance and they have very little information about the use of this technology in schools. From that, can we conclude that this Government are washing their hands of virtually any responsibility for the deployment of this technology?

[Baroness Barran (Con)]

The Government are clearly not washing their hands; there are very clear procedures which schools must follow if they want to introduce this technology and very clear procedures which must be followed if a breach takes place.

[Lord Flight (Con)]

My Lords, for what purposes are biometric technologies used in schools?

[Baroness Barran (Con)]

There are a range of purposes. One, as the noble Baroness, Lady Chapman, mentioned, is in relation to payment; another is access to libraries, where fingerprinting is often used. They are also used in order that children accessing free school meals do not have a separate payment system and are not stigmatised and their dignity is not affected.

[Lord Scriven (LD)]

Why will the Government not allow the Biometrics Commissioner to be the regulator of schools? The commissioner has asked for that, and the Government have so far refused. Why are the Government refusing a regulator to ensure that the rules and regulations that the Minister keeps referring to are being adhered to by every school in this country?

[Baroness Barran (Con)]

There is already a regulator. The Information Commissioner’s Office regulates this area and, if the noble Lord would let me respond, the key statutory functions of the Biometrics Commissioner are explicitly to keep under review the retention and use of DNA and fingerprints by the police.

Safeguarding of Young Children

Baroness Barran Excerpts

Tuesday 24th May 2022 Lords Chamber

[Lord Laming]

To ask Her Majesty’s Government what steps they are taking to improve the safeguarding of young children against abuse and death caused by adult members of their household.

[The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)]

My Lords, every child should grow up in a stable, loving home but, in rare circumstances, children are harmed by those who should protect them. We have commissioned the Child Safeguarding Practice Review Panel to make recommendations about how local and national safeguarding practice should change to protect children in future, and the panel reports on Thursday this week. We will carefully consider its recommendations, alongside the reforms in the care review, with an ambitious and detailed implementation strategy later this year.

[Lord Laming (CB)]

My Lords, I am very grateful to the noble Baroness, who has vast experience in these matters, but does she agree that, in these absolutely awful cases, there are three consistent features? The first is that the child was not hidden away but was known to the services; the second is that the dysfunctional nature of the family was known; and, thirdly, opportunities to protect the child had been missed in each case? In these circumstances, will the Government send a letter to each of the key frontline services, reminding them of their duties in law to safeguard children at risk and to work together, sharing information which is vital to the child’s needs?

[Baroness Barran (Con)]

The noble Lord is absolutely right. I remember in a former role publishing research on this entitled In Plain Sight, about abuse of children, so I entirely recognise the issues he raises. He will remember that Ministers from the DfE, the Home Office, and the Department of Health and Social Care wrote to all chief constables, local authority chief executives and clinical commissioning groups’ accountable officers at the end of last year, reminding them of their duties in this regard. We are absolutely clear on the importance of this, both locally and in central government.

[Baroness Chisholm of Owlpen (Con)]

Does my noble friend agree that one way that safeguarding can be helped is through the family hubs? I seem to keep mentioning family hubs in this Chamber, but I should be interested to know where we are with them. If there are still only the pilot schemes, can we roll them out further throughout the country? They will be a one-stop place where people can go to get help.

[Baroness Barran (Con)]

My noble friend is right, and we absolutely intend, through the almost £302 million we are investing in Start4Life and family health services across 75 local authorities in England, to achieve what my noble friend describes. Yesterday, we announced seven local authorities that will be receiving transitional funding. We will also be carrying out a thorough evaluation and have a national centre for sharing best practice.

[Lord Cunningham of Felling (Lab)]

My Lords, there was a very similar case during my time as the Member of Parliament for Copeland, in which a child, a small boy, was murdered by his stepfather. I know that that is not always the case, but it frequently is. I regret to say that successive Governments—Labour, Conservative and even, I may say, coalition Governments—have not grasped this problem. It may be that from the report to which the noble Baroness just referred, we will have some further recommendations about action but, until this problem is resolved, we might as well say that social services are not doing their duty. They are not protecting children in anything like the necessary way to prevent these terrible events. I hope the Minister will report to the House in due course about the report, and then perhaps we can see some progress.

[Baroness Barran (Con)]

We will be debating the report in your Lordships’ Chamber later this afternoon, but I would say that social workers have some of the hardest jobs in this country and we thank them for everything they do. We continue to invest in those services to address the terrible cases such as that to which the noble Lord refers.

[Lord Singh of Wimbledon (CB)]

My Lords, the safeguarding of young children is yet another important social concern alongside violence against women, racism in the police and youth crime. They are simply surface sores of an underlying social malady. Does the Minister agree that the long-term solution to such problems is a much greater emphasis in schools on the other three Rs; namely, right, wrong and responsibility?

[Baroness Barran (Con)]

I am sure that the noble Lord’s suggestion may be part of the solution, but to expect any single thing to resolve these difficult and complex problems will not be sufficient, hence the more comprehensive approach that we are taking.

[Lord McNally (LD)]

My Lords, when I became a Minister with some of these responsibilities more than a decade ago, my noble friend Lady Walmsley gave me two pieces of advice. First, she said, “Always remember that social workers do not murder children, although they sometimes get the opprobrium when something wrong happens.” The other piece of advice was that the interest of the child comes first.

With that as a background, last year, Emily Dugan, the social affairs correspondent at the Sunday Times, ran a series of articles about mistakes being made through either misdiagnosis or misinformation where children were taken away from families with traumatic results. Will the report that we are expecting on Thursday cover this element, because it causes problems for the families affected and puts additional burdens on social workers instead of concentrating on the children in real danger?

--- Later in debate ---

[Baroness Barran (Con)]

The report on Thursday will focus on the tragic deaths of Arthur Labinjo-Hughes and Star Hobson and the lessons to be learned from them.

[Baroness Armstrong of Hill Top (Lab)]

I know that this Minister knows of the importance of voluntary organisations in working with the most disadvantaged, and sometimes the most vulnerable, families. Is she aware, and has she made the review aware, that there are too many examples of the voluntary sector being excluded and not involved in plans for the future of the family and the child once the issue has been referred to safeguarding? This cannot continue. It increases danger for the most vulnerable children.

[Baroness Barran (Con)]

Obviously I cannot comment on what will be in the review on Thursday, but in the care review led by Josh MacAlister there is a particular focus on independent domestic violence services.

[Baroness Watkins of Tavistock (CB)]

My Lords, can the Minister comment on the shortage of health visitors in many parts of the country and the reduction in investment in them? In the past, they have been absolutely key in identifying at-risk families early and preventing long-term abuse.

[Baroness Barran (Con)]

The noble Baroness is right: health visitors play an incredibly important role in identifying families that need support and children at risk. I know that my colleagues in the Department of Health and Social Care are looking at this as part of the wider workforce strategy.

[Baroness Chapman of Darlington (Lab)]

My Lords, the Minister is absolutely right to say what she just said, so does she regret the closure of 1,300 Sure Start centres?

[Baroness Barran (Con)]

Our focus is on getting effective multiagency support for children, hence our investment in family hubs and all the support that goes with them.

[Baroness Walmsley (LD)]

My Lords, is the Minister aware that both Scotland and Wales have banned parents and carers from hitting their children? Is she interested to know that, when I had a meeting with the Minister responsible for this area in another place to ask why England is not considering doing the same, she told me that she was working incredibly hard and that this was not at the top of her to-do list? In the light of some of the most recent dreadful reports, does the Minister think it might have gone up her list of priorities?

[Baroness Barran (Con)]

I cannot comment on another Minister’s priorities. What I can say is that this Government are prioritising the safety and well-being of children so that they should all thrive throughout their childhood.

Independent Review of Children’s Social Care

Baroness Barran Excerpts

Tuesday 24th May 2022 Lords Chamber

[Lord Storey (LD)]

My Lords, we too very much welcome this review and thank all those involved in presenting it to us. I associate my remarks with all those people involved in working with children and families at all sorts of levels; they do an amazing and fantastic job.

The Independent Review of Children’s Social Care provides an opportunity to unlock potential for recognising that loving relationships and supporting kinship networks lead the way to sustainable and ideal solutions for children in social care. Her Majesty’s Government’s response focuses on providing foster carers and social workers with more support but does not address the supporting of children themselves. This review is a wake-up call to Ministers who, after a series of reviews, must finally address the scale and severity of the challenge to provide adequate support to those who rely on us. The report recommends injecting a minimum of £2.6 billion into the care system over the next four years. Will the Minister reassure us that the Government will commit to this kind of important investment?

The Government’s response so far does not address the discrepancy between care-leavers and the continuing success of the individual throughout their life. Every child, no matter where they live or what their circumstances, deserves a great start in life so that they can have the support, relationships, skills and knowledge needed to succeed. We on these Benches believe in young people being allowed to stay in care until the age of 25, as well as increased financial resources through expanding the bursary for those leaving care from £1,000 to £2,000, access to mentors and support networks. We champion bridging the gap between care and a fulfilling adult life in a way that current government policy does not meaningfully address.

Furthermore, Her Majesty’s Government’s proposed policy places the onus of finding care providers for vulnerable young children on the relevant local authority while underfunding those very same councils. The providers in the private sector are charging exorbitant rates—£4,000 a week—for inadequate care, knowing full well that there is a shortage of care providers. The predictable outcome is that the authority finds care from the lowest bidders, often unregistered providers with no quality assurance of care.

Young people are the future of our nation. How can we be content to allow such a situation to continue? Can the Minister give an assurance that the Government will stop these vulnerable children and young people going into inadequate, unregistered care provision? We welcome many of the review’s recommendations, including a renewed emphasis on supporting families, financial allowance to parental and kinship carers at the same rate as foster carers, and providing parental leave to kinship carers. This will support our nation’s most vulnerable young people while allocating funds towards those who are best able to support them.

Without the resources and proper structures of support, children will continue to be placed in unregistered care situations, which can of course be incredibly harmful. It is of paramount importance to use this report as a springboard for sustainable and meaningful change for those who deserve a safe and purposeful upbringing.

We talk about levelling up but, if we are actually to make any meaningful changes, we need to deal with the root causes of what these children and families often find themselves in. It is about making sure that we tackle poverty and provide the best educational opportunities. It is about making sure that families in the most disadvantaged communities are supported.

Finally, I remind the House that we have a Select Committee looking at the Children and Families Act, chaired by my noble friend Lady Tyler. Many of these issues are being discussed in that Select Committee, so I welcome that opportunity as well to highlight these important matters.

[The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)]

My Lords, I thank the noble Baroness and the noble Lord for their remarks. As a Government, we absolutely acknowledge that the children’s social care system needed a fundamental report. That is why we commissioned this independent, broad and bold review. We will be publishing an ambitious and detailed implementation strategy later this year that will deliver for our most vulnerable children. The noble Baroness asked for a timeline on that; we can be clear that the implementation plan will be published before the end of the year.

Obviously, a lot of work is already ongoing within government but, in response to the review, we have been clear about three key priorities that we want to focus on initially: first, to improve the child protection system so that children are safe; secondly, to support families to raise their children so that they thrive; and finally, for those children who need to be placed in local authority or foster care, to have the right placements in the right places and in a timely way. On Monday we announced plans to establish a national implementation board, which will challenge us to achieve the best for our children. One of the strengths of this review, as I am sure all noble Lords will agree, was the incredible contribution from people with lived experience of the care system. We commit to ensuring that their voices are also represented on that national implementation board.

We are prioritising work with local authorities to recruit more foster carers, which we think can make a real difference in the short term, and to support social workers, particularly early in their career, and give them additional focus on child protection given its key role in their work. We are developing a national children’s social care framework, which will set out a clear direction for the system and provide an evidence base for all those working in the sector. Finally, we are introducing a new digital and data solutions fund, which will help local authorities to improve delivery for children and families through technology.

The noble Baroness, Lady Chapman, commented on the pressures that the social workforce faces. I do not question for a second that those are very real, but I remind the House that the number of social workers has increased by 14% since 2017 to 32,500. One of the points noted in the report was that the average caseload has come down slightly. We are not arguing that every case is the same, but the figures are going in the right direction.

The noble Baroness asked whether we were planning legislation. In response to her question and that of the noble Lord, Lord Storey, about our commitment to funding additional services, I say that we need to wait and see what the implementation panel recommends. We will respond to its recommendations but taking real care with implementation is crucial, because your Lordships will all know very well of examples where implementation has not delivered on the aspirations within such reports.

Both the noble Baroness and the noble Lord referred to the situation with children’s homes. This Government are absolutely not against companies making a profit, but we are absolutely against profiteering, which I think was the phrase the noble Baroness used. We are putting funding into local authorities now so that they can expand their provision as quickly as possible while we look at some of the longer-term structural issues raised in the Competition and Markets Authority review as well as the care review.

In relation to unregulated provision for children in care, we are investing over £140 million to introduce new standards and Ofsted-led registration inspections for supported education to ensure that young people are safe and have the high-quality living arrangements that they deserve.

The noble Lord also referred to support for care leavers. We are providing £172 million over the next three years to support care leavers as they transition to independence, with better move-on accommodation and practical and emotional support from a personal adviser.

Both the noble Baroness and the noble Lord rightly challenged the Government on how we will implement this. There is real commitment and ambition to try to address some of the tragedies which we have heard about all too often in this House, and the systemic issues that we face in the child protection and care system. We look forward to working with all noble Lords across the House in our attempts to do this.

[Lord Laming (CB)]

My Lords, this is a most important report, and we are grateful for the points the Minister has already made. I commend the Government on commissioning this review. and congratulate Josh MacAlister and his team on producing what I regard as an inspiring report because it focuses so much on the needs of children and families.

By any standards, this is a substantial document, and it will repay very careful study by all of us. The strength of the report is the way in which it focuses unrelentingly on children and families who could and should have been helped through difficult periods in their lives. Too often in recent years, these children and families have had to fit in with the needs of the services—not their needs, yet these very services were created to meet the needs of the children at risk. This is despite the legislation making it clear that the well-being of the child is of paramount importance, and we must hold on to that.

During the last decade, as has already been mentioned, we have witnessed a remarkable reduction in family support and preventive services. I am told that even when a child and family have been identified as being in difficulty and have been referred to the appropriate services, it has sometimes been decided that the crisis is not yet sufficiently serious and therefore they have been denied the opportunity for support and help at that critical time.

Today, we have a crisis-driven set of services. In other words, they wait for the crisis to be apparent before they react. That is contrary to what the legislation and all the practice guidance says. No wonder, therefore, that there has been a large increase in the number of children coming into state care. This report gives us the opportunity to reverse that process. I am very pleased that the decision has been taken to establish a national implementation board and I wish it great success.

I will end with a quote from the report, which I hope will stay with us:

“This moment is a once in a generation opportunity to reset children’s social care”.


I hope the Minister will show the House that she and other Ministers will do everything possible to ensure that this report is fully implemented. I commend the report.

[Baroness Barran (Con)]

I am sure that I am not the only person in this House who has been inspired by the noble Lord’s work over decades, and I thank him deeply for that and for the leadership and hope he brings in this area. I will pass on his remarks to my colleagues in the department.

I would say two things in response to his reflections. First, investment in preventive services is absolutely critical and we will be reviewing that in detail. Secondly, we also need to push ourselves to understand the local authorities prioritising those services, how they are making that work and how we can replicate that across the country. The noble Lord will be familiar with the Hertfordshire family safeguarding model; there are other early intervention models in Leeds and other places around the country. We want to understand those too so that we can act on evidence of what actually works in practice. On the commitment from the Secretary of State and the ministerial team, I cannot underline strongly enough how passionately we aim to address this.

[Baroness Armstrong of Hill Top (Lab)]

My Lords, I too thank Josh MacAlister, his team and all the people from within the system he worked with. Josh came to the Public Services Committee, which I chair, as part of giving evidence in our review of vulnerable children.

There are so many things I want to put to the Minister today. Maybe she can help me get a debate on the Floor of the House on our report, and then I will not feel as if I am short-changing the vulnerable children I want to argue for. I will concentrate on one issue only: how do we prevent children having to go into the system? However good it normally is, children suffer when they go into the care system. Our committee uncovered that, since 2010, £1.7 billion a year has been cut from early intervention and prevention services. That was largely for two reasons. First, the overall money going in, particularly to local authorities—whether for children’s centres, youth work or other prevention programmes—was under pressure. Secondly, because they were not statutory responsibilities, authorities shifted the money to the statutory responsibility for looked-after children. Therefore, children have become older as they enter the system. I can tell noble Lords that difficult adolescents are much more difficult to deal with than very young children. Will the Government introduce a system which will ensure that money can go to early intervention and prevention services for the long term and will not be allowed to be switched into crisis work?

[Baroness Barran (Con)]

The noble Baroness is absolutely right to focus on how we prevent children needing to go into the care system or, indeed, needing a social worker at an earlier stage. I highlighted the Secretary of State’s three priorities in response to this report, the second being supporting families to raise their children effectively, happily and in a way that enables them to thrive. One of the strengths of the report is its emphasis on relationships and whether the immediate family—or the wider family—can provide those stable relationships, and how we can create them. As the report uses the term “relentlessly focused”, we must ask: how do we have a relentless focus on those relationships?

We will follow up on all those issues, but in the meantime—we were pleased that Josh MacAlister acknowledged the value of the programme—as we announced in April, we will back the supporting families programme with an additional £695 million over the next three years, which will support 300,000 families to provide the safe and loving homes their children need, as well as other investments in family hubs and other early intervention.

[The Lord Bishop of Carlisle]

My Lords, as we have already heard, much is to be welcomed in this review, which clearly has the needs of vulnerable children and young people right at its core. The emphasis on boosting early help to prevent children reaching a crisis point is crucial. I am most grateful for the confirmation we have been given that a detailed implementation plan will soon be forthcoming, with the views and voices of children and young people firmly at its centre. I am also grateful for the comments already made by the Minister about investment in the action plan and implementation. Does she agree with me that, should any further encouragement be needed on investing properly in implementation of early intervention, proper investment should also lead to significant savings in the longer term?

[Baroness Barran (Con)]

The right reverend Prelate’s final point is right; Josh MacAlister’s review has set out very clearly the scale of the challenge we face and has worked through the financial impact of getting this right. However, none of us is in any doubt that our primary focus is getting it right for children.

[Baroness Sanderson of Welton (Con)]

My Lords, I also welcome this review and its focus on supporting families earlier in the process. To echo an observation made by the author and journalist Polly Curtis, the word “love” was used 42 times in this review and “loving” 50 times. As she says, this is pretty radical for a set of formal proposals. It is most welcome, because is that not what the system is for—making sure that children are loved and cared for when their parents cannot take on that role? As has been mentioned, kinship carers play a fundamental part in this, so will my noble friend reassure us that, as the review proposes, there will be increased legal, practical and financial support for kinship carers to match the scale of what is offered to foster carers and adoptive parents?

[Baroness Barran (Con)]

My noble friend is right to pick up on all the “love” and “loving” in the report. Kinship carers are an incredibly important part of providing that to children, and I send them my thanks for everything they do. The department already works with the charity Kinship and supports it in creating more support groups for kinship carers. There are some very important recommendations in the report and I can absolutely say to my noble friend that we will consider each of them and they will be part of our report at the end of the year.

[Baroness Finlay of Llandaff (CB)]

My Lords, following on from the question just asked, do the Government recognise the need for a legal definition of kinship care? It should be in legislation, because that will improve the rights of these very important family members who take on the care, often in extremely difficult circumstances, of very traumatised children. Will the Government also consider the recommendation from the Royal College of Paediatrics and Child Health that there is a need for a single unique identifier so that, as the noble Lord, Lord Laming, said, rather than responding to crises, there is an ability to respond to early warning signs? Several yellow flags will add up to a really screaming red flag if they are left to develop.

[Baroness Barran (Con)]

In relation to the noble Baroness’s first point, I can only say that all those issues, including whether the definition should be covered in legislation, will be in our implementation report. In relation to the single unique identifier, we have committed to coming to a decision on the best way forward by next summer.

[Baroness Butler-Sloss (CB)]

My Lords, may I say how much I am comforted by the response of the Government to the excellent report and hope that all that the Minister is saying in good faith will actually take effect? As a family judge over very many years, and as the writer of the Cleveland report, there are two points I would like to raise with her. The first relates to children. My experience is of many children asked to see me. From the age of about six upwards, those children gave me extremely valuable advice as to what should happen to them. I do not think that social workers listen enough to what the children have to say. You cannot necessarily do what the child wants, but at least the child has a right to be heard, however young, if they are sensible enough to give a good example.

The other thing, which I found extremely sad when listening to the evidence of social workers, was that the social worker on the ground knew the family very well, but she or he did not make the decision; the decision was made higher up the ladder by a social worker who no longer had any individual cases to look at. I cannot imagine why they do not still keep a caseload to keep their hand in. They make decisions totally contrary to what the girl on the ground who knows the situation is saying. Can the Minister do anything by way of guidance to deal with that issue?

[Baroness Barran (Con)]

The noble and learned Baroness makes very important points, first in terms of a child’s right to be listened to and have their views respected. On the point about caseload, one of the 80 recommendations in the report is that, just as in the medical profession senior doctors will keep a caseload, so in social work senior social workers should keep a caseload and there will be teams with senior and less experienced social workers working together on cases.

[Baroness Uddin (Non-Afl)]

My Lords, Josh MacAlister’s report demands good practice, which actually exists in many parts of our country—I declare my interest as a social worker who worked with child protection and disability services for many decades. I acknowledge all that good practice; nevertheless, there were 206 serious safeguarding incidents involving child deaths in just one year, 2020, and we have known other very serious cases, so something is going very wrong. Those of us on the front line have always known what Josh MacAlister has argued, which is about early intervention and the serious impact and ramifications of closing Sure Start and other services, so will the Minister ensure that the national implementation board takes on board not just the voices of young people but those of parents, who have had a terrible time at the hands of inexperienced social workers?

[Baroness Barran (Con)]

It is not for me to tell the national implementation board what it should or should not look at: it will have the 80 recommendations from the report. We will bring together a group of real experts with a very wide perspective, including experts by experience, and we look forward to their reflections and advice.

[Baroness Hussein-Ece (LD)]

My Lords, I also welcome the report and endorse many of the comments we have heard about early intervention and children being listened to, and families as well. I think we are all agreed on that. I was a cabinet member for social services and care in Islington Council for some years and dealt with child protection. Islington, like many other boroughs, had a bit of a chequered history but improved dramatically. One thing I found very valuable as a corporate parent was listening to children in care and their experiences.

One thing that struck me was a young man who said, “My corporate parent is one of the wealthiest in the borough and the biggest employer in the borough, yet I’m having difficulty in getting training, education and a job. Why is that?” If we think about it, local authorities are in a very good position to give young people leaving care the adequate support that they need—that is, to set aside training and education opportunities. One thing that worked well for us in setting up a corporate parenting board was requiring all departments in the council to set aside opportunities for apprenticeships that led to jobs. Other local authorities also did it. I do not know whether that still happens, as I have not been part of a council for more than 10 years; I just want to put it to the Minister and say that it could be very positive.

Let us not forget the stigmatisation of young people in care. I heard a girl on the radio speaking about the way they are treated and the experiences they have. The discrimination they face must be recognised. I see that one of the recommendations was that such discrimination should be recognised in equality legislation so that these young people are protected.

[Baroness Barran (Con)]

One element focused on in the review is the ambition that we should have for children in the care system in relation to setting up their own businesses and having successful careers. All those things will be considered.

[Lord Walney (CB)]

My Lords, 13 month-old Poppi Worthington died 10 years ago in Barrow, probably at the hands of her father after being sexually abused. Of the myriad ways in which she was failed, one was that there was clearly not enough information sharing to allow professionals to see before she was born that she was being born into a very troubled family. That is one of the weaknesses that has been identified. Is it one of the areas that the Government will now push forward with as they improve data sharing across the system?

[Baroness Barran (Con)]

The noble Lord is absolutely right and, yes, that is absolutely an area of focus.

[Lord Sandhurst (Con)]

My Lords, I want to ask a practical but important nuts-and-bolts question. Can my noble friend the Minister assure the House that it will be a cross-government and multiagency effort and not just for the Department for Education to put the review’s findings into effect?

[Baroness Barran (Con)]

My noble friend is right to press on this point. This needs to be multiagency at both the local level—it must include the voluntary sector, as the noble Baroness, Lady Armstrong, highlighted, and statutory partners; we were clear in our guidance on the importance of this—and the central government level. We need to do that across the Department for Education, the Department of Health and Social Care and the Home Office.

[The Deputy Speaker (Lord Duncan of Springbank) (Con)]

My Lords, the time allowed for this Statement has now elapsed. I suggest that we take a moment to shuffle the Benches before we continue.