GCSE and A-level Results: Attainment Gap

Baroness Barran Excerpts

Thursday 8th September 2022 Lords Chamber

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

My Lords, I start by echoing the sentiments expressed by the noble Baroness, Lady Armstrong of Hill Top. I send my thoughts and prayers to Her Majesty the Queen and the Royal Family.

I thank all noble Lords for their thoughtful contributions today and the noble Baroness, Lady Armstrong, in particular for her deep experience and understanding of the multiplicity of factors that impact on outcomes, especially in the north-east.

Like the right reverend Prelate, I congratulate students up and down the country, who should be incredibly proud of what they have achieved this year. Our plans were to ensure students could sit their formal summer exams safely and fairly for the first time since 2019. My thanks go to students, teachers and, as the noble Lord, Lord Addington, pointed out, parents for the picture we are now seeing. Results this year are higher overall than in 2019 and lower than in 2021, when there was a different method of assessment.

The noble Lord, Lord Shipley, referred to the attainment gap in England between disadvantaged pupils and their peers. As your Lordships know, this had narrowed at primary and secondary levels between 2011 and 2019 before the disruption to our nation’s children and young people caused by the pandemic led to a widening of the gap. He asked for confirmation that the Government are still committed to the levelling-up programme and the different missions set out in the levelling-up White Paper. That is indeed the case. I hope that also addresses the point raised by the right reverend Prelate about the importance of addressing the kinds of issues that children in the north-east covered by today’s debate face by thinking about health, housing and wider infrastructure. In response to the question of the noble Lord, Lord Addington, departments are working together to make that happen.

The noble Baroness, Lady Blower, asked about wider questions and challenges on wider change that, if I may, goes a little beyond the scope of this debate. However, I encourage her perhaps to try to secure a debate on those issues, as they warrant genuine discussion and understanding.

The Government are taking action to address the issues your Lordships have raised, both with specific support in place and broader interventions focused on disadvantage to give every child the education that allows them to achieve their potential. That aspiration is shared by all noble Lords in every part of this House.

When we look at schools in the north-east, it is clear that the quality of primary education is excellent, with 93% of schools rated as good or outstanding by Ofsted. This is reflected in the recent key stage 2 grades, which put the north-east as the second-placed region after London. I hope the noble Baroness, Lady Wilcox, will note this and share it with the shadow Secretary of State for Education; the Government absolutely agree on the importance of early years and a solid primary education. We have very much focused on starting with primary schools in the north-east, and I hope she will recognise the achievement of those schools in the region.

The picture at secondary is different. There have been significant improvements since 2018, in large part thanks to the work of the Opportunity North East programme, but in some local authorities too many schools are still rated by Ofsted as “Requiring improvement” or “Inadequate”. That is why we have plans to address this through the education investment areas programme and why we took powers to be able to intervene in schools which have been judged by Ofsted to be below “Good”—so “Inadequate” or “Requires improvement”—on multiple occasions. It is also why we are supporting the stronger multi-academy trusts to grow in the area.

The Government are investing in 55 education investment areas where we will implement a package of measures to drive school improvement and improve pupil outcomes. We are also investing to support our strongest trusts to expand, committing up to £86 million in trust capacity funding over the next three years, with a particular focus on these areas. Six of the 12 local authorities in the north-east are in education improvement areas: Darlington, Durham, South Tyneside and Sunderland, and Middlesborough and Hartlepool are also priority education investment areas. The priority areas will receive a share of around £40 million of additional funding for bespoke interventions to address local needs. Although I am not sure that Hull yet qualifies as being part of the north-east—it might be edging north as we speak—I would like to acknowledge my noble friend’s comments about the partnership between the University of Hull and local schools, and commend universities and businesses in the north-east for doing similar work.

My noble friend asked about our plans in relation to attendance. In the levelling-up White Paper, we announced that the department is planning a new attendance pilot in a group of education improvement areas. In the north-east, in the first year this will support pupils in Middlesborough in particular. We are also incentivising new teachers to work in disadvantaged areas through our levelling-up premium and establishing an institute for teaching which will deliver cutting-edge training and will target disadvantaged areas.

I turn now to broader support. We are committed to helping pupils recover and close the attainment gap. We have already announced nearly £5 billion for education recovery, with many programmes, including the 16 to 19 tuition fund and the recovery premium especially focused on helping the most disadvantaged. Schools will continue to receive recovery funding and the additional funding received by secondary schools will nearly double from September, reflecting evidence that shows greater learning loss for older pupils who have less time left in education. In broad terms, this means a typical secondary school receives over £60,000 this year, up from £30,000.

A number of your Lordships referred to the National Tutoring Programme and, if I may, I did not recognise the numbers, but it may be a timing issue that the noble Baroness and the right reverend Prelate cited. Since 2020, 2 million starts have already been made by pupils on the National Tutoring Programme courses, with the latest data suggesting that over 80% of schools in the north-east—I think the noble Baroness, Lady Armstrong, referred to 56% but the most recent data shows 80%—participated in the programme, which was higher than in London and the south-east and the south-west. In response to the right reverend Prelate’s question, from academic year 2022-23, all funding for the National Tutoring Programme will go through the school-led approach.

We will also be targeting a greater proportion of the schools national funding formula towards deprived pupils. In 2022-23, 9.8% of the schools NFF will be allocated through deprivation factors.

This Government remain committed to improving outcomes for disadvantaged pupils of all abilities and across all regions. In partnership with schools in the region we have created a strong platform in primary to move the dial in secondary schools. Along with our focus on education investment areas, this will help to address the number of schools in the region which have been rated as requiring improvement more than once and will drive up outcomes. We know that there is more to do to build on our collective successes so far, and we will continue to ensure that our programmes and funding are delivering the help that is needed, now and in the future, including learning from what is working best and where we need to do more to support children to fulfil their potential and have the lives they aspire to.

Schools Bill [HL]

Baroness Barran Excerpts

Report stage & Lords Hansard - Part 1
Monday 18th July 2022 Lords Chamber

Moved by

[Baroness Barran]

That the Bill be now further considered on Report.

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

My Lords, with the leave of the House, I will begin with a brief note on scheduling. I know that there were concerns about progressing with Third Reading before the Summer Recess. The Government have listened to the concerns expressed, including on the first day on Report, and have agreed through the usual channels that a quick Third Reading is no longer desirable. As announced in the new version of Forthcoming Business, Third Reading has moved to Wednesday 14 September. The short delay does not affect the wider passage of the Bill. I hope this provides reassurance to your Lordships.

[Lord Baker of Dorking (Con)]

My Lords, Report may be the last occasion on which this House will be able to consider the Bill because, as the Minister said, the suggestion is that it should get a Third Reading on 14 September. I do not know any example of a Government who do not yet exist determining whether a Bill should get a Third Reading. On 14 September there will be a new Government, who may have different views on the Bill. There will be different Ministers. I hope very much that the Minister will remain in her post because, quite frankly, she is the only Minister in the department who understands anything about education. She is surrounded by five Boris cronies who know absolutely nothing about education. They are there for a pay rise for five weeks and compensation for loss of office—a loss of office which will be richly deserved. I hope that she will survive, because she understands this Bill better than most.

The point I would like to make is that if we agree that the Bill should be voted upon on 14 September, there will be a different set of usual channels that may decide this, thank God—I should not have said that. There will be a different team. I am not insulting any of them individually; I would never do that. You do not insult the usual channels because you have to live with them, although you may never forgive them. To continue my point, I think the vote should be later than that.

I have had a most helpful letter from the Minister today setting out her intentions for the time that she is in office, saying that she will preside over a committee set up to begin the long process of determining what should be the relationship between the Government and MATs—multi-academy trusts. This is a very important measure because it is the creation of an administrative body that stands between the Department for Education and the rest of the schools. In the past, when we have set up administrative bodies of this importance, it has usually taken weeks, months, decades or, in some cases, centuries to determine the right relationship. In effect, many of these bodies will be local authorities and therefore the issues involved are of immense importance. What power do they have over the schools? Do the individual school boards count for anything? On what occasions can they cut or increase the money to the schools? On what occasions can specialist schools protect their specialisms? In the Bill as it stands, a grammar school or a religious school is protected in a multi-academy trust, but, as the amendment from the noble Duke, the Duke of Wellington, showed the other day, there are many other schools with specialisms in maths, science and dance, all of which are not really protected at the moment when they go into academy trusts.

The Minister set out in her letter that she hopes to have, or her successor might hope to have, findings by the end of September, then a consultation period and determinations by Christmas. In that case, if the Bill came to the Lords on 14 September, there is no way that amendments would appear in the Commons until early spring next year. The Bill will therefore not come back to us until summer next year, and it will involve issues that we know nothing about; we do not really know what the recommendations will be.

This is a unique situation in the constitutional history of the House of Lords. We have never been asked to pass a Bill to the Commons where half of the Bill is not known. In all fairness, the Minister does not know it either, because she has to consult on it with the committee. This has never happened before and I think it is highly disrespectful to ask this House to pass a Bill on the undertakings. As far as I understand, in this sort of situation, in spring or summer next year we will get a Bill with maybe 10 or 20 new clauses and we will be given a day. How lucky we are that we will get a day to discuss them all. I do not think that we should put up with this.

The House of Lords started this Bill, not the Commons, and the importance of starting a Bill in the Lords is that we can make radical changes to it without knowing whether or not the House of Commons has been whipped to support it. That is what we have done in this Bill. I hope that we might set an example for other Bills that start in the House of Lords to be much firmer in making amendments and changes. That is our power as a second Chamber. We do not have many powers, but we have that power.

I very much hope that we will not agree to a Third Reading on 14 September. The constitutional arrangements should be that it should remain pending for the new Government. They may well want to accept all the recommendations that my noble friend is working on, but she will not even know what they are because they are not going to agree the recommendations until the end of September, and she will either be in or out of office on 7 or 8 September. This great uncertainty leads me to believe that it would be imprudent for us to consider a Third Reading on 14 September.

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[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, it is quite clear that the Bill has been badly received across the whole House. Whole chunks of it have been taken out and it is in a very poor state, and it is clear that it should not have come here at all because it had not been put together properly. I am sure the Minister has heard that; it is not the first time that these views have been expressed. We will have a new Government in September, and then it will be up to the Prime Minister. This Bill may disappear completely—we do not know.

I have been part of the usual channels now for 13 months, and I hope still to be here in September—in one or other part of the usual channels. I will spend my summer working with colleagues in other parts of the House to ensure that the points raised by colleagues are fully understood by the Government, so that we can work together, bring things back and have a system that everyone is happy with. The Minister has heard how dissatisfied the House is. I am sorry, but I think that is important.

One thing I have learned as Opposition Chief Whip is that the forthcoming business can change from day to day, never mind what is going to happen in September. Particularly in March and April, the forthcoming business was changing literally every day. The fact that it is listed for September does not necessarily mean that it will happen then. We do not know. We will have those discussions then.

As the noble and learned Lord, Lord Judge, has mentioned, we have the other protection of his Motion. I am sure that if Third Reading is tabled and he is unhappy with it, his Motion will be tabled for the House to consider. There are many barriers in place to make sure that the House can make its views known if it is unhappy. I am sure the Minister has heard how unhappy the House is.

[Baroness Barran (Con)]

The Minister has heard loud and clear. I suppose I would say a couple of things—but very briefly, because it is important that we get on and hear your Lordships’ thoughts on the rest of the Bill.

I say to the noble Lord, Lord, Grocott that the Bill is not beyond repair. There are significant parts of it—relating to the children not in school register and illegal schools—that are definitely not beyond repair. I also point the noble Lord to the large section of the Bill where there have been no amendments at all.

My request to your Lordships is that when we come to look at the new clauses, noble Lords leave these debates behind and look at them objectively, fairly and with all the experience and critical judgment that they can bring to them. I hope very much that, when that happens, the Bill can see a speedy passage.

Motion agreed.

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[Baroness Chapman of Darlington (Lab)]

My Lords, on the amendments tabled by the noble Lord, Lord Wei, we disagree in principle on this. Of course we respect the ability of parents to educate their own children, but nothing in this Bill prevents parents from educating their children at home. The sad truth is that home education is being used, sometimes, as a front for neglect, or even abuse. This is happening, and many of us here have seen too many examples of this, but there are multiple examples of great practice too—of course there are—and examples, as the noble Lord, Lord Storey, quite rightly said, of local authorities playing a supportive role. Clearly, there are situations where this relationship has not been successful, and I would be interested in what the Minister has to say about what she is planning to do to make sure that that is prevented wherever possible.

But registration does not mean that children will be forced to attend school. The reference of the noble Lord, Lord Wei, to the sex offender register was unfortunate and inflammatory, and the noble Lord’s Amendment 72A, on the obligation to provide information, raises great concern for me, where it says that

“A local authority may only require parents to provide the information under this section if the local authority suspects that the parents are educating the child in such a way that it may lead to the child conducting violence or sexual or physical abuse against others.”


There is nothing about the protection of that child. I could never vote for that, and if the noble Lord chooses to divide the House on his amendments, we will be voting to make sure that they are not included in the Bill.

My noble friend Lord Soley has told us previously that he has been waiting for these measures to be brought into law for some time. He has done sensitive and sterling work for very many years on this issue, and I pay tribute to him for the kind way that he handled responding to the noble Lord opposite, and for the work that he has done over some time.

The noble Baroness, Lady Jones, made important points about the capacity of local authorities, but I note that many local authorities, when asked, have welcomed the approach being taken. Obviously, the proof is going to be in the implementation, and we do not dismiss the concerns about how this Bill will work in practice. But, as the noble Lord, Lord Storey, said, the balance here between the freedom of home educators, which we recognise, and the safeguarding of children, has not been where it needs to be previously.

We welcome the Government’s amendments in this clause. We agree very much regarding our obligations to support and protect children, and with the reassuring words of the noble Lord, Lord Storey, on this issue. We should be celebrating home education; too often, it has been viewed—and I think home educators themselves have picked up on this—with some suspicion, or even ridicule, not just by local authorities but in society generally. There is no need for that, and having this clearer framework may actually support the recognition of home education as a valid way of educating children.

It would, though, having said all that, be very helpful to alleviate some of the fears of home educators if the Minister could explain to the House what she intends to do ahead of, and after, implementation, to take home educators with her, so that the threat and fear can be reduced, and home educators can be properly reassured.

[Baroness Barran (Con)]

My Lords, I rise to speak to the first group of amendments which relate to the proposals for children not in school registers. If I may, I would like to start by thanking the noble Baroness, Lady Chapman, and the noble Lord, Lord Storey, for their very constructive remarks in setting the context in which these measures are being introduced. I would also like to echo the noble Baroness opposite’s remarks regarding the noble Lord, Lord Storey, and his, as she said, very sensitive and kind work on this. Obviously, sensitivity and kindness are really important, because we are talking about parents who care desperately that their children get the right education, and all of us as parents can recognise how important that is.

Amendments 64B and 72A, from my noble friend Lord Wei, seek to narrow the eligibility criteria for the registers. Local authorities would still need to make inquiries and hold certain information to ascertain a child’s eligibility to be on the register, and indeed to check whether a child is at risk of harm. This is not materially different to local authorities recording this information in a register, except that the effect of these amendments would hinder local authorities from discharging their existing duties. The House has already heard reflections from the noble Baronesses, Lady Jones and Lady Chapman, about the pressures that local authorities are under.

It is vital that the registers contain information on all children not in school. The registers are there not just for safeguarding reasons but also to aid local authorities to undertake existing responsibilities to ensure education being provided is suitable, to help them identify children who are truly missing education, which will become easier once we know where all children not in school are, and, critically, to help them to discharge their new duty to provide support to home-educating families. As other noble Lords have said, this in no way diminishes the rights of any parent to decide to educate their child at home.

My noble friend talked about the lack of opportunities for appeal and complaints. There are a number of routes for complaints available for parents in relation to school attendance orders. First, they can ask the local authority to revoke the order, and the local authority must act reasonably in deciding whether or not to agree to this. If the local authority refuses, the parents can appeal to the Secretary of State to give direction; the Secretary of State will consider each case individually and will make a balanced judgment on the information available, and has the power to direct the local authority to revoke a school attendance order. The Education Act 1996 also gives the Secretary of State powers to intervene when a local authority exercises its functions unreasonably or fails to comply with duties under that Act. We are also looking at how we can strengthen independent oversight of local authorities and considering alternative routes of complaint for home-educating parents.

I will also write to my noble friend, and to the House, to clarify once again the fact that the failure to provide information to a local authority is not criminal. Rather it starts the whole process for a school attendance order, but in the interests of time I will set that out in a letter.

I also thank my noble friend Lord Lucas and the right reverend Prelate the Bishop of St Albans, and, on his behalf, the right reverend Prelate the Bishop of Carlisle, for their Amendments 65 to 66A. The measures in the Bill do not give local authorities any new powers to monitor, assess or dictate the content of education. The right reverend Prelate talked about a “cloud of suspicion”, and I think it would be unfortunate if he was right about that. We have striven to be clear about the scope of the powers and when any new powers are required. We are of the view that local authorities’ existing powers are already sufficient to assess the suitability of the education being provided. Therefore, I would like to be clear that the phrase in the Bill

“the means by which the child is being educated”

does not include the content of the education itself. I am happy to put that on the record. It is limited to matters such as whether the child is taught entirely at home or also attends education settings, which settings they are, and how much of their time the child spends there.

It is important to keep this existing drafting to ensure that local authority registers not only include information on where a child is being educated other than at school, such as entirely at home or at out-of-school education providers, but what proportion of their education they are receiving at those settings. Capturing this information will help local authorities identify those children who may be receiving most, if not all, of their education in unsuitable settings, such as illegal schools. Regulations will set out the details of the child’s education provision to be included in registers, as well as whether or not a child is assessed to be receiving a suitable education. I have tabled Amendment 86 to enable these, and other regulations concerning the collection and sharing of data, to be subject to increased parliamentary scrutiny.

Turning to Amendment 67, I reassure the noble Baroness, Lady Brinton, that it is already the Government’s intention, through regulations, to require local authorities to record the reasons why a child is eligible for registration, and Amendments 68, 69 and 73 in my name make provision for this. We believe that this information will be invaluable for understanding why parents may be home educating, including identifying systemic issues such as insufficient SEN support or off-rolling—all concerns that your Lordships have raised, rightly, during the passage of the Bill.

It was always our intention that the power in new Section 436C(1)(d) should be used to prescribe the inclusion of information, such as this, aimed at promoting the education, welfare and safety of children, but we recognise the concerns raised about its breadth. We have therefore proposed its removal and replacement with a targeted list of matters, which would allow for the inclusion of information such as reasons for eligibility, the child’s protected characteristics, or whether they are a looked-after child, on a child protection plan or a child in need.

Amendments 85A, 94 and 118C concern the important issue of safeguarding data. It is our intention that data protection be a key area of focus during implementation, but to provide more reassurance we have sought to introduce additional protections for families. Amendment 70, in my name, will place in the Bill our existing commitment that no data that could identify a child or parent be published or made publicly available.

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Moved by

[Baroness Barran]

86: Clause 49, page 46, line 8, leave out subsection (3) and insert—(3)“(3) In section 569(2A) (regulations subject to affirmative procedure), for “regulations under section 550ZA(3)(f) or 550ZC(7) may” substitute “—(a)(a) the first regulations under(a), (a) or (a), 436C(1)(c)(1A)(3)(b)(b) the first regulations under(b), section 436F(1)(c)(c) regulations under section(c), 436F(2)(d)(d) regulations under section 550ZA(3)(f), or(e)(e) regulations under section 550ZC(7), may.
“(3) In section 569(2A) (regulations subject to affirmative procedure), for “regulations under section 550ZA(3)(f) or 550ZC(7) may” substitute “—(a) the first regulations under 436C(1)(c), (1A) or (3),(b) the first regulations under section 436F(1),(c) regulations under section 436F(2),(d) regulations under section 550ZA(3)(f), or(e) regulations under section 550ZC(7),may”.”Member's explanatory statement
This amendment would make the first regulations made under section 436C(1)(c), (1A) (as inserted by the amendment in Baroness Barran’s name at clause 49, page 42, line 30) and (3), the first regulations made under section 436F(1) and any regulations under section 436F(2) subject to the affirmative rather than the negative procedure.

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[Baroness Wilcox of Newport (Lab)]

The amendments in this group have attendance at their core, and nothing is more important. In addition to being directly related to physical health, the attendance of learners in school is affected by well-being and mental health, and by attitudes towards learning and schooling. My noble friend Lord Hunt and the noble Lord, Lord Storey, made some important points regarding children with medical conditions. The interrelationship between attendance and general well-being is considered so strong that attendance has often been taken as a measure for well-being in previous data collection. We know that attendance has a strong impact on learner outcomes, standards and progression. I can tell you from first-hand experience that examination outcomes strongly correlate to attendance rates.

Amendments 118J and 118K, proposed by my noble friend Lord Mendelsohn, seek to deal with the current gaps in legislation, addressing important issues surrounding attendance and its promotion by educational institutions, and would require a review of any avoidance of the legislation as it develops, which we support.

[Baroness Barran (Con)]

My Lords, the fourth group of amendments relates to school attendance orders and independent educational institutions. I thank my noble friend Lord Lucas and the noble Baroness, Lady Brinton, for Amendments 87 and 89. However, we are concerned that these could work directly against the child’s best interests by increasing the time that a child could spend in potentially unsuitable education. We do not regard the issuing of a preliminary notice as an extreme penalty that warrants such justifications for issuance. We believe that a local authority should be able and required to take steps to determine the suitability of education being provided where there has been insufficient or inaccurate information given.

The local authority is already legally required to consider all relevant factors in determining whether it is expedient for a child to attend school, including whether it is in the child’s best interests. I hope that reassures the noble Lord, Lord Shipley, who tabled Amendment 91. To reiterate, “expedient” in this context means that it must be

“advantageous; fit, proper, or suitable to the circumstances of the case”

for the child to attend school. Of course, as the noble Baroness, Lady Wilcox, said, it will almost always be in the child’s best interests to attend school if they are not receiving suitable education, but there may be cases in which it could be argued that another solution would be better for the child—for example, if the child is physically or mentally too unwell to attend school.

On Amendment 96, tabled by the noble Baroness, Lady Brinton, we have been clear through our recently published school attendance guidance that local authorities are expected to work closely with other services and partners, such as health services. Paragraph 79 of the guidance—I am worried that the noble Baroness is at home saying to her screen, “But who gets to paragraph 79?”, but I know that she will get to it—says that local authorities are expected to

“Build strong relationships with a range of services and partners that can help with specific barriers to attendance and how to access them.”


It then lists services that local authorities are expected to work with, which include health, children’s social care and youth justice services, to which the noble Baroness referred. I know she is concerned about what happens in cases where the guidance is not followed, and I am happy to write to her to set out our response to those situations in more detail.

As already mentioned, government Amendments 71 and 72 would prevent the school attendance order process being triggered where parents simply do not know the information required.

With regard to Amendment 88, tabled by my noble friend Lord Lucas, I must reiterate the importance of local authorities remedying the situation for any child who is not receiving a suitable education, in the shortest time possible. The introduction and reduction of timeframes in the school attendance order process will help achieve this. However, I remind the House that, as my noble friend mentioned in earlier debates, even with the timeframes set out in the Bill, a child could still potentially be without suitable education for a period of at least 51 days, without extending this any further.

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[Lord Storey (LD)]

That is the statutory guidance, but what is the Minister’s department doing in relation to those many local authorities which take no notice?

[Baroness Barran (Con)]

That was in relation to illegal settings, and we hope that is straightforward. Alternative provision education is delivered in other settings—as the noble Lord has rightly drawn attention to—which do not receive state funding, are not required to register as an independent school, and do not meet, currently, the requirements for registration. The noble Lord is aware, I think, that in the special educational needs and disabilities and alternative provision Green Paper, we made a commitment to strengthening protections for children and young people in unregistered alternative provision settings, so that every placement is safe, offers good-quality education and has clear oversight. If I understand correctly, that is exactly what the noble Lord also aspires to.

I am pleased to report that on 11 July the department issued a call for evidence on the use of unregistered alternative provision settings. Again, I place on record my thanks to the noble Lord for his insistence and persistence on this very important issue, which is important, as he pointed out, for children whose parents may not have the confidence to challenge the system. The information collected will help us find the right solution that addresses these concerns effectively and proportionately.

I thank the noble Lord, Lord Mendelsohn, for his Amendments 97A, 118J and 118K, and for the very constructive way that we have been able to work together. I hope we can continue to work together to address the points that he has raised. We have worked with Ofsted to develop the package of measures to investigate illegal schools, to ensure that we can take effective action against unlawful behaviour. Since Ofsted started investigating unregistered schools in 2016, we have gained a much better understanding of how to tackle this sector. There have been six successful prosecutions. The number of cases investigated reflects an increase in efforts to investigate. The actual number of unregistered schools, as the noble Lord knows, is unknown, sadly, but the measures in this Bill have been developed—working together with Ofsted—to address the key issues in the sector, which the noble Lord has rightly drawn attention to.

We believe that Amendment 97A is not necessary as we can already prosecute companies and charities which are operating schools unlawfully. We already inform the Charity Commission when charities are prosecuted. Education and childcare behaviour orders will allow courts to prevent individuals from continuing to operate from buildings that have been used for illegal schools. When we were developing the measures, we also looked at whether it would be appropriate to create measures which would allow action against landlords, in the way that the noble Lord’s amendment has set out. This is a very complex area, and we concluded that education and childcare behaviour orders, which could prevent those convicted of an offence from continuing to operate from a given site, were the more appropriate mechanism.

Amendment 118J replicates powers that Ofsted already has. Genuine part-time settings are not under a statutory obligation to register, so would not be caught by the proposed amendment. There is ongoing engagement between the department, Ofsted and other stakeholders on the effectiveness of measures to tackle unregistered schools. The effectiveness of the legislation will be kept under review. The need for accountability suggested by Amendment 118K is, we believe, best secured through the annual report that Ofsted presents to Parliament.

Finally, I turn to Amendment 110, in the name of my noble friend Lord Lucas. We believe that this amendment is unnecessary as existing provisions—specifically in Section 136 of the Education and Inspections Act 2006 and in Clause 65 of the Bill—already ensure that new local authority education functions under the Bill will be within scope of Ofsted’s inspection powers. I therefore ask my noble friend Lord Lucas to withdraw Amendment 87 and hope that other noble Lords will not move theirs.

[Lord Lucas (Con)]

My Lords, I am grateful to my noble friend for that extensive explanation and her many good answers. I am delighted, too, that she is being so supportive of the campaign of the noble Lord, Lord Storey.

With regard to her last answer in relation to Amendment 110, I look forward to sharing with her the correspondence I have had with the chief inspector, who takes a different view, but this can be remedied later in the passage of the Bill if the chief inspector is right. I beg leave to withdraw my amendment.

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Moved by

[Baroness Barran]

93: Clause 50, page 52, line 22, leave out “, Academy standard”
Member's explanatory statement
This amendment is consequential on the removal of clause 1.

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Moved by

[Baroness Barran]

98: Clause 60, page 64, line 17, leave out “enactment” and insert “provision”
Member's explanatory statement
This is a technical drafting amendment to match the terminology used in clause 60 with that used elsewhere in the Bill and in the Education and Skills Act 2008.

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[Lord Lucas (Con)]

My Lords, I am grateful to the noble Baroness, Lady Wilcox, for explaining her amendment to us. I am liberal rather than post-modern; I believe in the objective being one united society where we are all equal, rather than in the fractured values which her amendment proposes. It is really important that what we teach in schools covers all our experiences and all the threads that make up the UK. The English ought to learn a great deal more about the Welsh and Scots, for a start.

One of the fundamental problems, illustrated in the dispute with OCR over its poetry curriculum, is that we have allowed our examination system to become far too narrow. Yes, a thread of the undisputed greats in literature ought to run through things, as well as the thread of our history that used to consist of learning the names and dates of kings but is actually rather more interesting. Within them are the stories of us all—and that really ought to be us all.

To manage that within a school curriculum, you need a lot more freedom than we allow people at the moment, not less. We should not have a national curriculum that says, “These are the five things that you must teach”, but one with the ability to stretch broadly, bring things in and illustrate them and, as the noble Lord, Lord Storey, said, enrich people’s local experience with things that mean something to them. I support the noble and right reverend Lord, Lord Harries, in his endeavours.

My noble friend Lord Sandhurst will know that I am very much with him on his amendments, and I am delighted to find myself with the noble Lord, Lord Woolley, in what he is asking for. The noble Lord says that he is surprised to discover that the Lords is cool. For those of us who come from the west, we walk in every day past a notice that says, “Peers entrance”. Indeed they do. The problems he outlines remind me a lot of what goes on with sexual abuse in schools. The answer is to face it, look at it and really be interested in, not afraid of, what is going on. We should be confident that we do not want it to be that way. We should not expect quick solutions so that we can forget about it, but know that this will take us a good long while to sort out and that it has some deep roots. I would really like to see the Government take some steps in the sort of direction the noble Lord proposes.

[Baroness Barran (Con)]

I thank the noble and right reverend Lord, Lord Harries, for Amendment 101. As he knows, we support the principles at the heart of this amendment and agree that teaching staff and leadership in schools need to understand the important role that fundamental British values play in our society and beyond.

I think he is making two points: one about curriculum content and one about the quality of the delivery of that curriculum. The Government believe our current arrangements provide a sound basis for this. As your Lordships know, schools have a duty, as part of providing a broad and balanced curriculum, to promote pupils’ spiritual, moral, cultural, mental and physical development. Those principles are embedded in the Independent School Standards, teacher standards and Ofsted inspections.

As to the comments on the environment, our ambitious sustainability and climate change strategy publicly addresses the importance of teaching about the environment. This includes teaching topics related to climate change, covered within the citizenship, science and geography national curriculum.

We have prioritised helping schools to remain focused on recovery from the pandemic. This is why we undertook in the schools White Paper not to make any curriculum changes during this Parliament. The noble and right reverend Lord referred to the comments of the Chief Inspector of Schools about what she and her colleagues had seen in schools on the teaching of these subjects. We expect schools to take those comments very seriously and respond to them.

Schools Bill [HL]

Baroness Barran Excerpts

Report stage & Lords Hansard - Part 2
Monday 18th July 2022 Lords Chamber

[Baroness Chapman of Darlington (Lab)]

Our Amendment 118F would require the Government to publish a report detailing the condition of school buildings by category of fault, whether it is boilers and pipe work, electrical services, lighting or IT. We would like to know their assessment of risk to children and staff, the geographical breakdown and the cost. We have not been able to glean all the information that we have been looking for from the Condition of School Buildings Survey from May 2021, and we think the problem is getting worse following years of neglect. We know that the total condition need is estimated to be £11.4 billion.

We have been alarmed, as have many others, at being made aware of leaked emails at the department describing school buildings as posing a “risk to life”. Schools have been fined for failing to tackle issues from disturbed asbestos to heavy lockers not attached to walls falling on to children. We have not been able to find a record of the number of school days lost due to building failure, whether that is snow days or, as we are seeing today, closures due to excessive heat.

Bad school buildings risk lost education and physical harm to children. Will the condition data collection 2 programme enable local MPs, for example, or councillors and parents to know the condition of school buildings in their area, the estimated costs and the assessment of risk? Will the number of days of education lost due to problems with buildings be published?

This is an important amendment to try to get some additional information. We may not divide the House tonight, but it will be returned to as the Bill progresses. It really should not take an amendment to do this; perhaps one of the noble Lords opposite could ask the candidates for Prime Minister where they stand on this issue, because I predict it will become of greater and greater political interest in the coming months.

I also place on record our thanks to the noble Lord, Lord Moynihan, the noble Baroness, Lady Grey-Thompson, and others, especially the Oliver King Foundation, for their incredible work on defibrillators over many years. Let us hope the Minister can confirm what we think we know. This is such an important step and we all hope it will save lives.

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

I thank my noble friend Lady Berridge for her Amendment 109 and for raising the important issue of building safety. I valued the opportunity to speak to her about her concerns last week. We absolutely agree with her about the importance of minimising disruption to education from closed buildings.

Our priority is the safety of pupils and staff. The most effective way of ensuring this is for those with day-to-day control of sites to be responsible. Only they have direct knowledge of the buildings, changes in their condition and how they are being used. As I set out in detail in Committee, the department provides significant capital funding, rebuilding programmes and guidance and support to help the sector deliver its responsibilities. I will say more shortly about how we provide more targeted programmes for specific risks across an estate of approximately 22,000 schools, with buildings of different ages and construction types.

We have carefully considered the scenario my noble friend set out. Our view remains that there are sufficient mechanisms in place to support the sector to keep buildings safe and open. Even if the department took on this role, a power as suggested in the amendment would not in practice speed up the decision-making process for buildings that closed on a precautionary basis. Decisions about whether it is appropriate to close school buildings on safety grounds should, as my noble friend stressed when we met, be based on advice from qualified surveyors. That would remain the case whether the department or a body responsible for school buildings was taking the decisions. We think it is very unlikely that schools would ignore professional advice that they have commissioned which says their buildings are safe; we think they would not want to disrupt education unnecessarily. Where surveys demonstrated issues, appropriate support would of course be available.

A power for the department to make directions about the safety of buildings could undermine incentives to maintain buildings effectively and to carry out appropriate checks, which could reduce safety for pupils and staff. Such a power could also risk some responsible bodies abdicating the decision on whether to keep schools open or reopen them, insisting that the department issue such directions. This could lead to an increased and avoidable loss in education, which I know all noble Lords are keen to prevent.

My noble friend has highlighted the issue of reinforced autoclaved aerated concrete, or RAAC, in some buildings. We published guidance on identifying and managing RAAC last year and continue to work across government to understand the issues relating to it better. We recently contacted responsible bodies to ask about their knowledge of RAAC, its presence in their buildings and how they are managing it. I reassure the House that we will follow up rigorously to ensure as complete a response as possible to help inform next steps.

--- Later in debate ---

[Baroness Barran (Con)]

I begin by responding to Amendment 108, tabled by the noble Baroness, Lady Brinton, regarding mandatory reporting. As we set out in the March 2018 government response to the reporting and acting on child abuse consultation, and as the noble Baroness quoted me as saying—though perhaps I should have been clearer—there was no clear evidence from those who responded to the consultation to show that introducing a mandatory reporting duty would help keep children safe, and therefore the case was not made for its introduction. We are keeping this under review, and we await the final report of the Independent Inquiry into Child Sexual Abuse, which is expected in the autumn.

Schools and colleges are already under legal duties to exercise their functions to safeguard and promote the welfare of children. This includes having regard to the Keeping Children Safe in Education 2022 statutory guidance, which makes it clear that if staff have any concerns about a child’s welfare, they should act on them immediately, and that any concerns should be referred to local authority children’s social care. Many other settings, such as extracurricular activities or clubs, are already required to register with Ofsted and must ensure that they have the processes and policies in place to safeguard the children they look after. That includes reporting any incident or allegation of serious harm or abuse to Ofsted, or any significant event that might affect someone’s suitability to look after or be in regular contact with children.

In all such cases Ofsted will pass the information to the relevant police or local authority and take appropriate action to ensure the safety of children cared for at the registered provider. Where settings are not registered with Ofsted, our guidance is clear that these settings should have clear escalation routes to manage concerns and allegations against staff and volunteers that might pose a risk of harm to children.

I am grateful to the noble Baronesses, Lady Chapman and Lady Wilcox, for Amendments 118D, 118I and 118E regarding qualified teacher status, education recovery and breakfast clubs. Amendment 118D would restrict the flexibility that school leaders in academies currently have to recruit unqualified teachers and goes further than the restrictions currently imposed on maintained schools via the Education Act 2002. The current scheme allows maintained schools to employ teachers without qualified teacher status in several circumstances beyond those where a teacher is working towards qualified teacher status. This amendment would also remove those limited freedoms for maintained schools.

On Amendment 118I, we know that the impacts of the pandemic have been significant for all children, especially those who are disadvantaged, which is why we are targeting our support at those most in need. The latest evidence suggests that recovery is under way following the Government’s almost £5 billion investment for a comprehensive recovery package. Since spring 2021, primary pupils had recovered around two-thirds of progress lost in reading and around half of progress lost in maths. By May 2022, 1.5 million courses had already been started by children across England through the National Tutoring Programme. I can confirm that the latest data is due to be published imminently, and we expect to see a further significant increase.

Through the catch-up and recovery premium, we have provided £950 million of direct funding to schools, to help them deliver evidence-based approaches for those pupils most in need. The Government are providing an additional £1 billion to extend the recovery premium over the next two academic years. Additionally, this year, through the national funding formula, we are allocating £6.7 billion towards additional needs, including deprivation. The Government are also increasing pupil premium funding to £2.6 billion this year, and allocating £200 million a year to support disadvantaged pupils as part of the holiday activities and food programme over the next three years. Altogether, we are allocating £9.7 billion this year for pupils with additional needs, including deprivation.

On Amendment 118E, the Government recognise that a healthy breakfast can play an important role in ensuring that children from all backgrounds have a healthy start to their day, so that they enhance their learning potential. We are committed to supporting school breakfasts, and our approach has always been to support pupils from disadvantaged backgrounds who are most in need of that provision. We are investing up to £24 million in the national school breakfast programme for 2021-23, and will support up to 2,500 schools in disadvantaged areas, which will be targeted by the programme. Alongside our national programme, schools can also consider using their pupil premium funding to support their financial contribution to breakfast club provision, as endorsed by the Education Endowment Foundation’s pupil premium guide. Overall, the Government are investing significantly to support children from low-income families, and it is right that we are targeting investment towards those who are most in need.

Finally, I am grateful to the noble Baronesses, Lady Boycott and Lady Bennett, for Amendment 118L regarding free school meals. We want to make sure that as many eligible pupils as possible are claiming their free school meals, and to make it as simple as possible for schools and local authorities to determine eligibility. We provide an eligibility checking system to make the checking process as quick and straightforward as possible, and we continue to use and refine a model registration form to help schools encourage parents to sign up for free school meals.

We are also continuing to explore the options and delivery feasibility of introducing auto-enrolment functionality. However, there are complex data, systems and legal implications of such a change, which require careful consideration. Therefore, we think it is premature to change this through primary legislation at the moment, but I would be happy to meet both noble Baronesses to discuss how we can move this forward. For the reasons outlined, I hope the noble Baroness, Lady Brinton, will withdraw her amendment.

[Baroness Brinton (LD) [V]]

My Lords, Amendment 118D in the names of the noble Baronesses, Lady Wilcox and Lady Chapman, talks about the importance of ensuring that all trainee teachers are working towards qualified teacher status. Amendment 118E outlines the important way that breakfast club arrangements work well in Wales, and Amendment 118I focuses on a recovery plan of pupil premiums. We are so delighted that Labour is as keen as the Lib Dems on the pupil premium, which we brought in during the coalition, and which we have pushed the Conservatives to expand since those days. I hope the Government will now consider it.

Amendment 188L from the noble Baroness, Lady Boycott, on free school meals is simple—ensuring an auto opt-in and a voluntary opt-out, so that no child will slip through the net—and probably virtually without cost.

I am grateful to the Minister for her response to my Amendment 108. I am relieved that she clarified things by saying that there was no evidence of mandatory reporting working from a survey, which is rather different from the strong body of academic research from around the world that now shows that mandatory reporting makes a big difference. I hope the Government will look at that research—IICSA certainly has. I am very much looking forward to seeing the IICSA report in the autumn. I hope that it will make clear recommendations on mandatory reporting. I will not press this to a vote this evening so, with that, I beg leave to withdraw Amendment 108.

Schools: Financial Education

Baroness Barran Excerpts

Tuesday 12th July 2022 Lords Chamber

[Baroness Sater]

To ask Her Majesty’s Government what progress they have made with improving the delivery of financial education to 11 to 16 year-olds since it became a statutory part of the citizenship national curriculum.

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

My Lords, financial education is covered in citizenship and mathematics curricula. Our school snapshot survey in 2021 showed that 86% of secondary schools teach pupils how to make good decisions about money, including on spending and saving. We have been working together with the Money and Pensions Service and Her Majesty’s Treasury, and will be launching webinars in the autumn to support the effective teaching of financial education.

[Baroness Sater (Con)]

My Lords, I thank my noble friend the Minister for her response. A report last month by the Centre for Social Justice found that only 8% of students cite schools as their main source of financial education, while a Bank of England commission survey back in March found that almost two-thirds of teachers cited a lack of dedicated time in the timetable for delivery. Does the Minister agree that more needs to be done to address these worrying statistics to help our children learn how to manage their money and give them the best start in life?

[Baroness Barran (Con)]

My noble friend is right in that we can do more to embed financial education in the curriculum. The webinars that I referred to will build on the financial education guidance for schools published by the Money and Pensions Service last year. It highlights the links between financial education and the curriculum, and how primary and secondary schools can improve the financial education that they deliver.

[Lord Watson of Invergowrie (Lab)]

The Money and Pensions Service, to which the Minister just referred, states that money habits are formed from the age of seven, well before young people arrive at secondary school, yet only about 25% of primary schoolchildren in England receive any form of financial education. Last year, a report from the All-Party Parliamentary Group on Financial Education for Young People called on the Department for Education to introduce financial education to the national curriculum in primary schools, and to set a target of ensuring that every primary school pupil has access to it by 2030. What progress has the Minister’s department made towards that target?

[Baroness Barran (Con)]

The noble Lord will be aware that the Government made a commitment to make no changes to the national curriculum during the life of this Parliament, and that remains the case. Although citizenship is not compulsory in primary schools, as we know, many schools choose to teach it as part of their commitment to delivering a broad and balanced curriculum. The Money and Pensions Service has clear goals to ensure that 2 million more children and young people get meaningful financial education by 2030 and we are very supportive of its work in that.

[Lord Lee of Trafford (LD)]

How is the financial education of young people helped by prohibiting grand- parents taking out junior ISAs for their grandchildren?

[Baroness Barran (Con)]

I was not aware of the point the noble Lord raises. More broadly, when you talk to young people, they say that a lot of their financial education comes from their parents and family, including their grandparents, so I agree with the sentiment that grandparents have an important role to play.

[Lord Sandhurst (Con)]

My Lords, the fraud Select Committee has heard that far too many scams succeed because of ignorance on the part of the recipient. The Centre for Social Justice report, to which we have already heard reference, has found that two-thirds of primary school children receive no financial education and, notwithstanding what we have heard from my noble friend, that too many school leavers have no adequate financial education. What is going to be done going forward?

[Baroness Barran (Con)]

The Government share my noble friend’s concern. To be clear, in the primary citizenship curriculum pupils learn about where money comes from, how it can be used for different purposes and how to save for the future. In secondary school pupils learn about the importance and practice of budgeting, income and expenditure, insurance, savings, pensions and financial products. I think these are many of the things to which my noble friend referred.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, could the Minister sign up the Tory leadership candidates for one of these courses?

[Baroness Barran (Con)]

I think the House will appreciate that that is way above my pay grade.

[Lord Brownlow of Shurlock Row (Con)]

My Lords, when the Financial Services Authority—the precursor to the Financial Conduct Authority—was established, one of its key objectives was to provide education to children in this country. Would my noble friend agree that it is more than just for government policy to provide widespread financial education to children?

--- Later in debate ---

[Baroness Barran (Con)]

If I have understood my noble friend’s question correctly, there is a broader responsibility. When one looks at the advice given by the Money and Pensions Service, it talks very much about how schools should work with parents and carers and how to embed learning about financial issues by putting learning into practice and building on everyday events—perhaps including the current leadership campaign —to understand how money works.

[Baroness Hussein-Ece (LD)]

My Lords, what is being done to assist care leavers, who often cannot manage their financial affairs, have missed out on the education that might have been available in schools, find themselves in desperate trouble trying to pay bills and manage and often end up homeless? Is it not time for a more comprehensive policy towards young care leavers?

[Baroness Barran (Con)]

The Government have introduced a number of very specific measures to support care leavers in exactly the areas the noble Baroness refers to. If I may, I will set those out in detail in a letter.

[Lord Young of Norwood Green (Lab)]

I want to return to the point made by the noble Lord, Lord Sandhurst, about children, even in primary schools, being subjected to scams and fraud, including money laundering. The list that the Minister read out made no reference to that. I think there is a gap and I ask the Minister to take this away and think about the risks and the value of advising young people of these risks.

[Baroness Barran (Con)]

On the specific issue of money laundering, it might be helpful if the noble Lord could give me an example of what he is thinking about. Some of the risks that we know young people face—and which I know your Lordships’ House is very concerned about—relate to gaming and gambling. I hope your Lordships will be pleased to know that a new subject in the health education curriculum on the risks associated with gambling and the accumulation of debt will be compulsory in all state-funded schools, primary and secondary.

[Lord Vaizey of Didcot (Con)]

My Lords, I refer to my entry in the register on my work for Common Sense Media. I congratulate my noble friend on her excellent work at the Department for Education; for a brief period last week, she was entirely in charge of it, I think, and that was a glorious moment. One thing that our children need to be aware of is the terrible proliferation of financial scams on the internet. Has my noble friend had discussions with the Department for Digital, Culture, Media and Sport to join up financial education with general digital citizen education to give our children the tools that they need to navigate the internet?

[Baroness Barran (Con)]

My noble friend makes a good point. My colleague the Minister for Schools Standards has been working with DCMS on exactly that.

[Baroness Chapman of Darlington (Lab)]

My Lords, young people themselves say that they want more financial education: 81% say that they worry about money, 67% say that they have become more anxious about money as a result of Covid and 72% say that they want to learn more about money at school. What more can the Government do? At the moment, it seems that a commitment not to change the national curriculum is actually denying young people the education that they say they want.

[Baroness Barran (Con)]

Making sure that we deliver the mathematics and citizenship curricula in a way that equips children and young people with the skills they need is a clear priority, particularly given the challenges that our schools and young people have faced over the last two years of Covid.

[Lord Cormack (Con)]

My Lords, is it not important that young people are proud of their country and citizenship? I raise again with my noble friend a point I have made many times: would it not be a good idea, particularly bearing in mind recent events, if young people were able to graduate as citizens, as it were, and go through the sort of ceremony that newly naturalised British subjects go through? Would my noble friend please take that on board?

[Baroness Barran (Con)]

I commend my noble friend for his continued focus on this issue. The Government have supported many young people to take part in the National Citizen Service, the Duke of Edinburgh’s Award and other schemes, all of which really recognise their achievements. The Government are also introducing the national climate leaders award so that young people can be recognised for their contributions to sustainability and the future of the planet.

Schools Bill [HL]

Baroness Barran Excerpts

Report stage & Lords Hansard - Part 1
Tuesday 12th July 2022 Lords Chamber

Moved by

[Baroness Barran]

That the Report be now received.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I propose to your Lordships’ House that Report not be received and that consideration of the Bill not proceed at this time. This reflects the fact that, of the many people I have spoken to, few believe that the Government are truly ready to proceed with the Bill.

I posit three reasons for this. First, we have been through three Education Secretaries in three days. We now have a caretaker Prime Minister and Government. Perhaps the less said about the behaviour of the new Education Minister, the better; the National Education Union has said all that needs to be said on that matter. In our unwritten, dysfunctional constitution, accreted over centuries of historical accident, “caretaker Education Secretary” may not have a technical meaning, but it has a practical one. With a new Prime Minister due in a couple of months, there is a very good chance that we will have a fourth Education Secretary.

The second reason is that, were this reform to be carefully thought through, long planned and developed over a long period of consultation and reflection with clear goals in mind, a temporary—if long-running—perturbation in the Government might not be a significant impediment to progress. However, it is nothing like that. We have the Government agreeing to pull one major element of the Bill—the first part, which was presumably their primary reason for bringing the Bill forward—and promising both to introduce an alternative approach in the other place and that they will allow future extended debate in your Lordships’ House. This promise will have to be followed by a new Government, most likely with a new team of people; I intend no insult to anyone still in post.

The third reason why we should not proceed today is that the remaining parts of the Bill are a controversial hotchpotch that has produced in my mailbag—and those of many other noble Lords, I have no doubt—cries of fear and horror. As usual, your Lordships’ House is trying modestly to improve the Bill, with a series of votes planned for this afternoon. However, a bad law is surely worse than no law at all, particularly in the current circumstances. Our schools would be better off without the extra confusion and disruption created by a half-cooked Bill proceeding to the other place, allowing them and the department to concentrate on the triple epidemic that they face: the continuing Covid epidemic; the crisis of mental ill-health and stress affecting pupils, teachers and other staff; and the cost of living crisis that is hitting school and family budgets hard.

If we proceed now, we will be trying to put a few patches on a sow’s ear. That is not progress and not the right direction for your Lordships’ House. Instead, let us leave our education system and department to settle down and seek stability and certainty where they can find them, rather than contribute to their problems.

--- Later in debate ---

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, as my noble friend Lord Knight said, we should proceed with Report. I am happy to have discussions with the Government Chief Whip, through the usual channels, between the end of Report and Third Reading, and we will see how we can move forward from there.

I am not sure whether this is the worst Bill; from our point of view, there is quite a long list. Some of the comments from the Government Benches were interesting. Some of the views expressed have been our views for many months or even years, but they seem to have all turned up in the last week. I am not going to get involved in some spat between people on the Government Benches, but I am happy to have that discussion with the Government Chief Whip between the end of Report and Third Reading on how we should proceed.

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

My Lords, I shall try to address very briefly the points raised by the noble Baroness and other Members of the House, but I do not want to pre-empt the wider debate that the House is about to have on the Bill.

As I said in my letter to your Lordships, the Government will accept the amendments to remove the first 18 clauses of the Bill and will engage extensively with your Lordships and the sector about what replaces them. I feel very concerned at the tone of some of your Lordships’ remarks about the rest of the Bill, which brings in very important measures in relation to children not in school and illegal schools. I remind your Lordships that those parts of the Bill have been extensively consulted on. I do not think it is appropriate to describe them in the terms that they were referred to in today.

My noble friend the Chief Whip has had constructive discussions with the usual channels—I thank the Opposition Chief Whip for his remarks—about how such replacement clauses will receive proper scrutiny in the House and has agreed to relax the rules of debate on ping-pong for these clauses and to allow sufficient time for the first round of ping-pong. I am sure my noble friend the Chief Whip would be happy to speak to any of your Lordships about that in more detail. I thank the noble Lord, Lord Addington, for the tone of his remarks.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I thank all noble Lords who have contributed to this unplanned and, I think, quite fruitful debate. I particularly thank Members opposite, including the noble Lords, Lord Cormack and Lord Wei, who expressed support for my direction. I note the suggestion from the noble Lord, Lord Baker of Dorking, who brings vastly more experience to your Lordships’ House than I do on the way forward here. I also take on board the comments from the noble Lords, Lord Knight, Lord Kennedy and Lord Addington, in particular, about the amount of work that has gone into Report. I fully acknowledge that. I shall not push my suggestion to a vote at this point. I think the suggestion from the noble Lord, Lord Baker of Dorking, is something we can talk about and consider as a way forward on whether we proceed with Third Reading. For the moment, I am not quite sure what the form is, but I withdraw my proposal.

--- Later in debate ---

[Lord Hunt of Kings Heath (Lab)]

My Lords, I wonder whether the Minister would like to speak.

[Baroness Barran (Con)]

I thank the noble Lord. With the leave of the House, I hope it will be helpful to your Lordships if I briefly explain the context for the Government’s position, as set out in my letter of 30 June. I have taken on board the concerns raised by your Lordships and the Delegated Powers and Regulatory Reform and Constitution Committees about Clauses 1 to 18, which is why the Government will be supporting amendments at this stage to remove them from the Bill. We will use the regulation and commissioning review to work closely with the sector to develop revised clauses to address the concerns raised and will bring them back in the other place. I confirm that we will not be bringing back the delegated power in Clause 3.

On the clauses relating to the academy standards, we will develop an approach that is more tightly defined so that we can provide Parliament and the sector with clarity on the scope of our plans to set standards for academy trusts. The Government believe that our approach to the intervention provisions is broadly right, but we intend to address the issues of proportionality and the right to representation raised in this House. Our policy intention behind these clauses is to move to a statutory framework fit for a fully trust-led system, which clearly defines the scope of the academy standards and enables a ladder of proportionate intervention at trust level.

I know your Lordships will rightly expect the opportunity to scrutinise the revised clauses thoroughly. First, a full day will be allowed for the first round of ping-pong when the Bill returns from the Commons. Secondly, the Companion to the Standing Orders has a process in place to allow the House to use Committee-stage rules of debate during ping-pong on the replacements to Clauses 1 to 18, allowing greater freedom of debate and more conversation about the amendments. Following that, the House will revert to normal ping-pong rules for the rest of the Bill.

[Lord Knight of Weymouth (Lab)]

My Lords, would the Minister also consider coming to this House to make a Statement when the proposals are published in the other place, so that we have the opportunity at that point to feed into the proposals that she is making as they go to the other place?

[Baroness Barran (Con)]

I am more than happy to take that suggestion back to the department and consider it.

[Lord Grocott (Lab)]

My Lords, I should like more clarity from the Minister about the procedure that will be adopted as and when the Bill comes back from the Commons. That is according to the current timetable and assumes that the Bill gets a Third Reading, although that may be a false assumption. What we will then have back from the Commons is a substantially different Bill, with heaven knows how many clauses and amendments coming back, which, as I understand it, is to be catered for procedurally just by having a rather extended period for ping-pong. That is really no substitute for what should happen to a Bill—in this case, of course, rather a large section of a Bill—which is that it would have a Committee stage where these ideas could be explored and then a Report stage where the Government could respond, in many cases, to the ideas raised in Committee.

I would like clarity on this matter because we are almost in uncharted waters at the moment. I do not think that an offer to the House of a day for consideration and ping-pong should be a substitute for the proper procedure of a Bill via Committee and Report.

[Baroness Barran (Con)]

When I come to speak at the end of this group, I will set out a bit more about our plans for engagement over the summer, but the proposal that I just ran through has been agreed with the usual channels.

[Lord Baker of Dorking (Con)]

Following what the noble Lord, Lord Grocott, said, as I understand it, the Minister has said that if the Bill goes forward under the new Government, it will come back to us for one day of ping-pong. Is it just one day for ping-pong? It might have 10, 20 or 30 clauses, and that cannot be done in one day. Will we have longer than that to have a look at the clauses? Clearly the clauses are going to be very important.

She has set up a committee composed of basically the managers of multi-academy trusts, which has only one school head on it, which apparently is going to try to establish the relationship that should exist between the Department for Education and multi-academy trusts. I do not object to that because they are very important bodies, but there are lots of other issues affecting multi-academy trusts. For example, how is the voice of the individual school in a multi-academy trust to be heard? What is the role of the independent governing body of individual schools in a multi-academy trust? How will they be listened to? What rights do they have and what position can they hold against the authority of a multi-academy trust? Will these issues be covered by her committee, which will now be working in the remnants of this Government?

Secondly, the Minister has issued a document about regulating schools. Do I take it that some of the amendments likely to be tabled will cover that as well? If the Government are going to change the rules and regulations between schools and the department, that requires a long period of consultation in which schools, local authorities and educational experts must be listened to. Are we going to get that period of consultation on any of these fundamental changes? They must not be smuggled into this Bill on the understanding that “These are just a few clauses that we want”.

[Baroness Barran (Con)]

I will respond briefly to my noble friend. On his first point, it will be agreed through the usual channels that sufficient time is given to debate the new clauses.

[Lord Addington (LD)]

When the Minister said “one day”, did she mean that, when we are dealing with the replacement clauses, we will have this process for all those replacement clauses? It may have been a slip of the tongue, or a hopeful Government Whip’s answer about how long we will take, but if it is for all those clauses then that slightly changes the tone of what is being said. Will the replacements we are getting be under these new arrangements?

[Baroness Barran (Con)]

My understanding is that we will have one day for the new clauses, which will be handled under what has been described to me as Committee-stage rules, and then the rest of the Bill will follow the normal ping-pong timings and time allocation.

[Lord Hunt of Kings Heath (Lab)]

My Lords—

[Baroness Barran (Con)]

If I may, I would like to respond to my noble friend’s other points. It is extremely important, given that our debate is a matter of public record in Hansard, that assertions that are made in the House are accurate. With the greatest respect to my noble friend, I am very happy to share with him—and it is on GOV. UK—the list of people who are on the expert panel. I am very happy to talk about—and will be in a few moments, I hope—the extremely extensive engagement that we plan for over the summer. I do not think it is helpful to assert things that are not accurate about how the Government are approaching this Bill in continuing to get it to a good place. I will take any time with any Member of the House to make sure that there is no confusion about how we are approaching this.

On the regulation of schools, these standards are about the regulation of trusts; they are trust standards, not school standards.

[Lord Judge (CB)]

I want us to pocket the clauses that the Government are going to give way on. Let us get rid of clauses that are unacceptable.

We are all rushing around trying to find a solution. I draw the Minister’s attention to paragraph 8.132 in the Companion, which I would like everyone sitting here today to consider. The noble Lord, Lord Grocott, is right: the present arrangement means that there would be no Report stage on the new clauses, and there would be no Committee stage on the new clauses. There will be a Committee process, which is quite different, and which will culminate in the ping-pong arrangements. The Companion states:

“Other bills may, on motion (which is debatable and of which notice is required) moved at any time between committee and third reading, be recommitted to a Committee of the whole House or Grand Committee in their entirety, or in respect of certain clauses or schedules. This course is adopted when it is desirable to give further detailed consideration to the bill or certain parts of it without the constraints on speaking which apply on report and third reading; for instance: when substantial amendments are tabled too late in the committee stage to enable them to be properly considered; where there is extensive redrafting; or where amendments are tabled at a later stage on subjects which have not been considered in committee.”


That seems to me to cover all the new clauses that may be put into the Bill as and when it gets to the Commons—if it gets to the Commons. We must not get to Third Reading; we must make any application, or move any Motion, before Third Reading. I would love to be an expert in procedure but I am not, but I think that may be an answer to the problem that is obviously vexing a number of Members of the House. There could be a recommitment of the amendments and we would then go to Committee stage.

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[Lord Baker of Dorking (Con)]

I very much support what the noble and learned Lord, Lord Judge, said. As the Convenor of the Cross Benches and one of the most distinguished former Lord Chief Justices in this House, he has had a great impact on its feelings in our debates, and I hope that the usual channels will take notice of what he said. This is such an unusual procedure; it has not happened constitutionally in the history of this House. It is remarkable that we have been given the opportunity to make such a fundamental change to any Bill. It was a bad, bad Bill to begin with, and we managed to show that. Frankly, had it come from the Commons, we would not have got anywhere near as far; we would have just been told, “That is the wish of the Commons, with the Conservative majority of 80”.

I seriously hope that the usual channels will consider my noble friend Lord Cormack’s proposal about Third Reading. It would be very unusual to pass a Bill of this sort to a Third Reading. But the Minister rightly said that some other parts of the Bill are very good—I certainly agree some of them, such as those on home learning—but these could be taken out, put into a separate Bill very quickly and passed in both Houses with no trouble in a few months.

The other issues are much more important, because the Government are struggling now that local authorities no longer have any real control over education. In fact, they are debarred from the committee that the Minister has set up. Am I right in saying that, as far as I can see, there is no representative from local authorities on the committee?

[Baroness Barran (Con)]

I apologise to my noble friend but the president of the Association of Directors of Children’s Services is on the committee.

[Lord Baker of Dorking (Con)]

When I looked through the list of committee members, I could not see anyone representing local authorities. The Minister might well discuss this with them, but it would be helpful if she could send us all the terms of what they are expected to cover. If it is just about multi-academy trusts and the controls that the Government have held to regulate them, I would go along with her. If it goes further than that, I have reservations. The involvement of local communities and local views has inspired English education since the great Act of 1870. Quite frankly, however, there is none of that in this Bill; nowhere are the views of local people to be found. A school is not just an education institution; it is part of a local and social community. This has always been the tradition, and these views must somehow be reflected in any proposal that the Minister brings to us.

I am very grateful for the support of various Peers, particularly the noble and learned Lord, Lord Judge, on the question of the Government’s power. This Bill increases the powers of both the Secretary of State and the department in a way that has never been known since 1870. I do not believe that the Minister had any hand in drafting the Bill. When I was Secretary of State, I always found that there was an element in the department which wanted these controls from the word go. Although these people have never run a school, some of them always want to run all the schools—thank heavens we managed to stop that. I do not think this will come back in any of the amendments we get after the new Government take over.

This is really strange procedure but it is utterly unsatisfactory to be offered only one day for debate. The clauses will be important and a way must be found—and a guarantee given by the Government before we pass Third Reading—for us to have plenty more time to discuss it in this House, should we pass Third Reading. This Bill started in this House and can be improved again in this House.

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[Lord Harris of Peckham (Con)]

My Lords, I thank the Minister. She has been to one of our conferences with 200 people, and I am proud to say that she is coming to our conference in October, where we will have 4,500 teachers, and seeing some of our children. I am really passionate about academies. My noble friend Lord Baker got me involved in the first one at Crystal Palace 30 years ago. That was a very bad school, where 60 children a year were expelled. Over the last 30 years, it has been one of the best schools in the country. Last year, it had 5,000 applicants for 180 places. It is a world-class school for the second time, and 35% of its children are on free school meals.

The Harris Federation runs 51 schools, 52 this year. We have only taken over free schools from start-ups or failing schools. Some 90% of our schools are now outstanding, and we have five world-class secondary schools and one world-class primary school. I have to thank Michael Gove, Secretary of State at the time, for giving us that school seven years ago under a lot of opposition. It was in the worst 2% of schools in the country but now, seven years later, it is not just outstanding: it is world class. From the start, with my noble friend Lord Baker, and through to the noble Lord, Lord Adonis, Tony Blair and Michael Gove, academies have made a great difference to many children in this country, as we have given them a better education. One of my ambitions is to see every child in this country getting a great education, because they only ever get one chance at it. They might have five or six jobs throughout their lives, but only one education.

Five years ago, everyone was against Michael Gove getting the school over the road to be a sixth form—Harris Westminster. I am so proud of that school. It was the eighth best in the country last year, with more than 50% of the children there on free meals. The seven that beat us cost anything from £50,000 to £100,000 a year to go to. It is all down to having great teachers, giving good service, making sure that children enjoy going to school, motivating them and making sure they do the best they can. That is what we should try to do with every child in this country. If we could do that, we would have a much better country.

[Baroness Barran) (Con)]

My Lords, I start with an apology. Many of your Lordships started by saying that your remarks would be brief, but I apologise that mine may be rather longer. I know your Lordships will understand why, and I also say how much I appreciate the kind and generous comments that so many of your Lordships have made about my work on the Bill.

Starting with whether Clauses 1 to 18 and Schedules 1 and 2 should stand part of the Bill, I said in my letter of 30 June how seriously the Government take the views of the House and its Committees, and that is why we support the removal of Clauses 1 to 18 and have tabled the removal of Clause 2 and Schedules 1 and 2.

Before I speak about the policy behind the clauses, I confirm and shall elaborate on, as a number of your Lordships have asked me to do, our plan to develop new clauses. We will work closely with the sector and parliamentarians over the summer with the intention of developing a revised approach to the academy trust standards. I have had a brief conversation with the noble Baroness opposite about how the Opposition Front Benches want to be involved in this, but I extend my earlier invitation. We will take whatever time is needed to engage with your Lordships and those whom you believe it is important for us to talk to, but I ask your Lordships first to look at the information we have already posted on GOV.UK, and I shall set out in a letter a little more about our intended engagement plans, so that we use everyone’s time as intelligently as possible.

I am pleased to inform the House that we held the first meeting of the external advisory group, which I chair, last week and we began discussing these important matters. On my noble friend’s question about the terms of reference for the group, they are on GOV.UK, as is its membership. Its purpose is set out and the inbox for anyone wishing to contribute to the review is also there. I shall make sure that all those details and the links are included in my letter to your Lordships following this debate. We are planning an intensive programme of engagement with the unions and leaders of schools of all types, both multi-academy trusts and maintained schools. We have already started talking to a number of key system thinkers in the field and, importantly, a number of representative bodies, including, of course, the Churches. The interim findings of the review will inform a revised legislative approach to the academy standards.

I turn specifically to the amendments tabled by the noble and learned Lord, Lord Judge, my noble friend Lord Baker, the noble Lord, Lord Addington, and the noble Baroness, Lady Chapman, which seek to remove Clauses 1, 3 and 4; and to the amendments in my name, which remove Clause 2 and Schedule 1 and make consequential changes to the Bill. I acknowledge that they are the correct response to concerns about both the drafting of the clauses on academy standards provisions as they stood on the introduction of this Bill and the breadth of the delegated powers that were proposed. The Government are supporting these amendments at this stage to secure time to engage with the sector and relevant stakeholders, and to reconsider how best to implement the policy intent behind these measures in legislation ahead of Committee in the other place.

Furthermore, in response to the Delegated Powers and Regulatory Reform Committee’s recommendation, we are determined to use this summer’s review to find a way that meets our policy objectives without the need for the Henry VIII power originally sought through Clause 3. The Government remain firmly committed to a fully trust-led school system; to enable this, we are still clear that changes are needed to the way the school system is managed. My noble friend Lord Lexden referred to the Government’s manifesto, but I would also refer him to the schools White Paper, where we set out clearly our plans in relation to this.

We need to establish a statutory framework that enables effective, risk-based regulation and ensures that the same minimum standards are applied consistently across all trusts. By defining the scope within which the Government can set standards, we will be able to protect the core academy freedoms from being amended by the regulations. We want to provide clarity for the academy sector about the limits of the Secretary of State’s powers to make decisions on its behalf, as well as sending a strong signal to the wider school sector about the Government’s commitment to moving to a fully trust-led school system in which all schools can benefit from being part of strong multi-academy trusts. The examples given by my noble friend Lord Harris were wonderful; I look forward to the next conference.

The intention behind the drafting of these clauses was to take an important step towards securing the permanence of that system and to bring clarity to the limits of the Secretary of State’s powers. Although Clause 1 was intended to reduce the complexity of the regulatory landscape by bringing existing requirements into one set of standards, I recognise the concern that, as drafted, the clause would allow a Government to go beyond these intentions. The Government’s aim is not and has never been to centralise power over academies or undermine their freedoms.

As my noble friend Lord Agnew elaborated on, we know that the best academy trusts use their freedoms to transform outcomes for pupils, particularly the most disadvantaged, and deliver improvement in schools and areas where poor performance has become entrenched. We do not believe that great trusts are made through lists of standards and regulations, and we do not intend to micro-manage or further centralise power over them. Rather, we want to simplify the regulatory framework for academy trusts, seeking opportunities for deregulation where it is appropriate to do so. Our intention is to bring back a revised power that makes the limits on the Government’s powers crystal clear. I wish to provide certainty that we will protect the fundamental freedoms to which my noble friend Lord Agnew referred.

Through our work to develop revised clauses, we will seek to establish the principles on which the academy standards will be based and ensure that any delegated powers sought provide a more clearly defined and constrained regulatory approach. Through these reforms, we are committed to creating a regulatory environment that enables the best academy trusts to drive system-wide improvement through innovation and best practice while ensuring that all academy trusts meet the same minimum standards, providing fairness and consistency for all. I will now turn to the remaining amendments relating to Clause 1.

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Moved by

[Baroness Barran]

6: Leave out Clause 2
Member's explanatory statement
This amendment is consequential on the removal of clause 1.

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Moved by

[Baroness Barran]

8: Leave out Schedule 1
Member's explanatory statement
This amendment would leave out Schedule 1, which contains amendments relating to the application of education legislation to Academies.

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[Baroness Hooper (Con)]

My Lords, I support the noble Duke, the Duke of Wellington, in his Amendment 42. I declare an interest as a co-chairman of the All-Party Group on Dance, as well as having been a pupil of the Royal Ballet School so long ago that it was still then called the Sadler’s Wells Ballet School and it was not then a boarding school. I can vouch for the fact that the academic needs of the children were so well catered for—alongside our specialist ballet lessons, of course—that after I returned to my previous school after an experimental year in London, in digs at the tender age of 10, I actually skipped a year. So, these specialist schools have a very good and fine academic reputation, but they also have an important international reputation and attract international pupils and funding to this country. I hope my noble friend will consider this amendment very sympathetically.

[Baroness Barran (Con)]

My Lords, these amendments reflect the House’s interest in ensuring that the regulatory framework underpinning a fully trust-led system is fit for purpose. I will take Amendments 10 and 43 together, both of which have been tabled by the noble Lord, Lord Storey. As I have already explained, the Government intend to withdraw Clause 4, to which Amendment 10 relates. This will enable discussion with the sector as to how to implement local governance arrangements for schools in all trusts, as we set out in the schools White Paper. In addition, we have already committed to consulting on the exceptional circumstances in which a good school could request that the regulator agrees to the school moving to a stronger trust. It would be inappropriate, however, to pre-empt the outcome of those discussions and the planned engagement with the sector.

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Moved by

[Baroness Barran]

14: Leave out Schedule 2
Member’s explanatory statement
This amendment, which would leave out Schedule 2 (interim trustees), is consequential on the removal of clause 7.

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[Baroness Chapman of Darlington (Lab)]

My Lords, I congratulate my noble friend Lord Hunt on his Amendments 31 and 32. He explained them very well, so I will not delay the House by repeating what he said. He made some sensible suggestions, born out of experience, and it would be good if we could explore these ideas further. I hope that, when the Bill comes back in the autumn or early next year, the amendments we may see on grammar schools are more in line with those tabled by my noble friend Lord Hunt than those that Sir Graham Brady seems to support in the other place.

We have tabled amendments concerning the handling of complaints too. They could be considered part of the process over the summer. Our Amendment 47 would give local authorities power over aspects of admissions, which is very important in a wholly academised system. The world is changing and the Government want all schools to be in MATs before too long. With that in mind, we need to rethink admissions and, as my noble friend Lord Hunt said, parents’ right to make complaints.

This sits alongside our Amendment 116, which seeks to prevent some of the sharp practices that disadvantage some children under current arrangements. I note what the Minister said earlier in response to the first group on this issue, but we are firm in our belief that this is the best way to manage admissions fairly—through local authorities. She said she would be engaged in a conversation about that with local government and we look forward to hearing the outcome of that discussion. We feel that, if local authorities take that honest broker role on behalf of parents, they will not have a vested interest in the decisions. They will be fair and in some way separate from the schools. That is quite an important change. My understanding is that local authorities will be willing and enthusiastic to undertake that role.

Our Amendment 117 again refers to partnerships. We had a good discussion on this in Committee and the Minister accepted the case we were making in good spirit. I hope she continues to develop this approach through her deliberations over the summer, because I was quite encouraged by her response in Committee.

[Baroness Barran (Con)]

I thank noble Lords for their contributions to the debate. I will start with Amendments 31 and 32 in the name of the noble Lord, Lord Hunt, which seek to require electronic communications and voting to be permitted during petitions and ballots to remove selection and to make it easier to initiate a ballot. As he explained, these amendments aim to make it easier for those who are opposed to grammar schools to ballot for the removal of selection.

We want to strike a balance between protecting the selective status of grammar schools on the one hand, and the right of parents to vote to remove selection on the other. We will review the grammar school ballot regulations once the Bill comes into force to ensure that they properly cover ballots for academies that are designated as grammar schools. I assure the noble Lord that we will consider his suggestion in respect of electronic communications in this context. However, we do not think that the level of procedural detail set out in Amendment 31 would be suitable in the Bill.

I do not agree that the threshold for calling a ballot should be lowered from 20% to 10% of eligible parents in favour, as Amendment 32 proposes. As we discussed earlier, conducting a ballot can have a significant financial cost, so it is important for those who petition for one to show that they have sufficient support. I hope the noble Lord joins me in being pleased that tutoring is no longer the preserve of middle-class parents and their children. With our national tutoring programme, we are rightly targeting children in areas of deprivation to make sure they also have access to that support.

I am grateful to the noble Lord, Lord Shipley, and the noble Baronesses, Lady Chapman and Lady Wilcox, for Amendments 47 and 116. Local authorities have a key role in our education system. Existing legislation places a duty on local authorities to ensure that every child has a school place. Freedom to set school admission arrangements is therefore limited and rightly constrained by the statutory framework set by the School Admissions Code and admissions law, which applies to all admissions authorities, including academy trusts. This requires that admission arrangements are fair, clear and objective.

Removing this freedom from academy trusts and making local authorities the admission authorities is a step too far, as it would prevent school leaders from making the decisions most appropriate for their school community. Instead, the schools White Paper committed to tackle the concerns directly. As I said in response to the first group of amendments, and repeat given its relevance to these amendments, in the schools White Paper we committed to consult on powers for local authorities to address the exact issues that noble Lords raised—namely, to direct an academy to admit a child or to object to the schools adjudicator where a trust could admit more pupils but will not add places and there is no other suitable option.

We also committed to consult on local authorities co-ordinating all applications for admissions, including in-year, and to work with the sector to develop options to reform how oversubscription criteria are set, in order to ensure greater fairness. I reiterate those commitments today. We think it right that the Secretary of State continues to support local authorities to deliver these duties and that we encourage collaboration. Our commitments in the schools White Paper will deliver that. It is important that we wait to hear sector views through our consultation.

I will speak next to Amendment 46 in the name of the noble Baroness, Lady Chapman, alongside Amendments 102 and 103 tabled by the noble Lord, Lord Hunt. Unsurprisingly, our reasons for resisting the amendments have not changed significantly. First, we believe that there is a route for anyone to complain about the admission arrangements of a school—not about specific cases, as the noble Lord pointed out—whether it is an academy or a maintained school. That complaint route is to the independent Schools Adjudicator. That includes concerns that the oversubscription criteria to be used by the school to allocate places are unfair. The adjudicator’s decisions are binding and enforceable.

Secondly, where parents want to complain about the decision not to offer their child a place, they have the right to bring an admissions appeal to an independent appeal panel, regardless of whether the school is an academy or a maintained school. Thirdly, parents have a right to raise a maladministration complaint where they are concerned that their independent appeal was not properly conducted. These complaints are considered by different bodies—by the Local Government and Social Care Ombudsman in the case of maintained schools and by the department in the case of academies—but both the department and the LGSCO would ask the appeal panel to re-run the appeal if they found it was maladministered. On that basis, the Government are satisfied that there are clear, fast, effective and independent routes in place to deal with admissions complaints. However, the regulatory and commissioning review creates an opportunity to consider the routes of challenge and appeal available in relation to academies, including for parents, which I think is the point that the noble Baroness was referring to.

Amendment 103, tabled by the noble Lord, Lord Hunt, has a similar purpose in mind. The provision of independent scrutiny for academy complaints is an integral element of the requirements already in place for academy trusts. Where a parent has exhausted an academy’s complaints process and has concerns about whether the academy followed the correct process, they can raise their concern with the Department for Education. Where the case falls within the department’s remit, the department will assess whether the academy has handled the complaint correctly. If the complaint is upheld, the department may ask the academy to reconsider the complaint.

I now turn to Amendment 106, tabled by the noble Lords, Lord Shipley and Lord Storey. We considered in Committee a version of this amendment seeking to codify the role of the local authority for all state schools in its area. I have already set out the Government’s position on the matter of local authorities being given the admission authority role. There is existing legislation making local authorities responsible for a number of duties covered in this amendment and so further legislation is unnecessary to achieve those particular aims. They include duties: to provide suitable education for children who would not otherwise receive one, including as a result of exclusion; to identify children and young people in their area who have special educational needs or disabilities; and to work with other agencies to ensure that support is available to meet their needs.

It is important to consider local authorities’ duties for children, particularly those who are vulnerable, in the wider reform context, including as part of our responses to the consultation on the SEND and alternative provision Green Paper and our children’s social care implementation strategy. It is important that we wait to hear sector views through consultation. Ofsted already considers the rate and patterns of exclusion and takes action. Where it finds evidence of off-rolling, it is always included in the inspection report and can lead to the school’s leadership being judged inadequate.

We are also considering recommendations set out in the Independent Review of Children’s Social Care and the national child safeguarding panel’s report into the terrible deaths of Arthur Labinjo-Hughes and Star Hobson on the role of education in issues such as child protection and providing family help. We intend to respond to those later this year in our detailed implementation strategy.

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Moved by

[Baroness Barran]

35: Clause 29, page 23, line 36, at end insert “, and
(c) in the case of a school which has a religious character, the appropriate religious body.”Member's explanatory statement
This amendment would require a local authority to obtain the consent of the appropriate religious body before applying for an Academy order in respect of a maintained school in its area with a religious character.

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Moved by

[Baroness Barran]

36: Clause 29, page 24, line 1, leave out subsections (4) to (8)
Member's explanatory statement
This amendment would remove from clause 29 the amendments to the Academies Act 2010 that are consequential on the new s.3A. The new clause contained in the amendment in Baroness Barran’s name inserted after clause 29 gives rise to very similar consequential amendments, so these are consolidated into a Schedule (see the amendment in Baroness Barran’s name inserting the new Schedule 2A).

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Moved by

[Baroness Barran]

39: After Clause 29, insert the following new Clause—
“Schools with a religious character: power of certain bodies to apply for an Academy orderIn the Academies Act 2010, after section 3A (as inserted by section 29) insert—3BApplication for Academy order by certain bodies for schools with a religious character(1)(1) Any of the following may apply to the Secretary of State for an Academy order to be made in respect of a voluntary or foundation school with a religious character—(a)(a) the trustees of the school;(b)(b) the person or persons by whom the foundation governors are appointed;(c)(c) the appropriate religious body.(2)(2) Before making an application in respect of a school under this section, the applicant must consult—(a)(a) the governing body, and(b)(b) the local authority.(3)(3) A person may make an application under this section only with the consent of all of the other persons mentioned in paragraphs (a) to (c) of subsection (1) that exist in relation to the school.(4)(4) Expressions used in subsection (1) and SSFA 1998 have the same meaning as in that Act.“3BApplication for Academy order by certain bodies for schools with a religious character(1) Any of the following may apply to the Secretary of State for an Academy order to be made in respect of a voluntary or foundation school with a religious character—(a) the trustees of the school;(b) the person or persons by whom the foundation governors are appointed;(c) the appropriate religious body.(2) Before making an application in respect of a school under this section, the applicant must consult—(a) the governing body, and(b) the local authority.(3) A person may make an application under this section only with the consent of all of the other persons mentioned in paragraphs (a) to (c) of subsection (1) that exist in relation to the school.(4) Expressions used in subsection (1) and SSFA 1998 have the same meaning as in that Act.””Member's explanatory statement
This amendment would provide certain bodies involved in the governance of a school with a religious character with the power to apply for an Academy order for the school. (In practice, the body may make a single application covering more than one school, provided that the consultation and consent requirements are met for each school named in the application.)

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42: After Clause 29, insert the following new Clause—
“Specialist schools: power to retain status quoNo specialist school with or without Academy status may be required to become an Academy or to join a Multi Academy Trust without the agreement of the governing body and, where appropriate, the sponsoring institution.”Member’s explanatory statement
This amendment would preserve the present status of such specialist schools as maths schools or music and dance schools, in recognition of their distinctive and national role.

[Baroness Barran (Con)]

My Lords, with the leave of the House, I would like to add a clarification to the remarks I made earlier about this amendment.

There is nothing in the Bill or any existing legislation that would enable the Government to force a single-academy trust that is not subject to intervention to join a MAT. To be clear, when I talk about “subject to intervention”, that could mean, for example, that a school had been judged inadequate by Ofsted, where the normal existing powers would apply. Furthermore, there are no regulation-making powers in the Bill, or in any other legislation that I am aware of, that would enable us to set regulations to change that. So there is nothing in this or any other Bill, either in regulation or in any other aspect, that would allow us to force a single-academy trust to join a MAT, either specialist or mainstream. I know the noble Duke, the Duke of Wellington, spoke about the maths schools as specialist schools, but in our language a “specialist school” relates to children with special educational needs. We see them as mainstream single-academy trusts.

Earlier there was debate, and questions were asked, about whether the Government would take a power to compel schools. The decision was taken not to assume such a power. I wanted to take this opportunity to underline more clearly the legal position in relation to single-academy trusts.

[The Duke of Wellington (CB)]

My Lords, I am grateful to the Minister for yet another conversation that we have had on this subject; I am afraid she has had to listen to me quite often. I am grateful to her for her clarification, and I hope it goes far enough to reassure the King’s Maths School and other maths schools that there is no danger of that happening. I am grateful for this assurance. I may come back to it in some other format in the future, but in the meantime I shall not move my amendment.

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Moved by

[Baroness Barran]

48: Clause 32, page 27, leave out lines 30 and 31
Member’s explanatory statement
This amendment, which removes the definition of “Academy financial year” from clause 32, is consequential on the removal of clauses 8 and 10.

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Moved by

[Baroness Barran]

55: Clause 33, page 29, line 18, leave out subsection (3)
Member’s explanatory statement
This amendment is consequential on the removal of clauses 1, 3 and 5.

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[Baroness Chapman of Darlington (Lab)]

First, I congratulate my noble friend Lord Hunt on his amendment in this group. I see it as a safeguard, if you like, against the system not delivering as the Government anticipate. The Secretary of State could deal with the situation without having to come back to this House and, I suggest, it would be in the Government’s interest to consider this amendment positively.

Should the Government choose to adopt the amendments of the noble Lord, Lord Storey, especially Amendments 58 and 59, they would have our wholehearted support. Noble Lords should not be surprised, of course, that the Labour Party takes this view. We lifted 1 million children out of poverty when we were last in government; we introduced the minimum wage and Sure Start; we introduced the first universal free childcare offer and oversaw significant increases in education and spending. This is at the heart of who we are.

This is an urgent and widespread problem. In the north-east, as the right reverend Prelate the Bishop of Durham said, a third of children are already on free school meals, so I know all too well how valuable a free meal is to families. Alternative proposals have been made; for example, providing a free school meal for children in families earning less than £20,000. In Labour-run Wales, reception-age children will get a free school meal from September, with all primary schoolchildren receiving them by 2024.

We are concerned, too, about hunger during the school holidays. Currently, the holiday activity fund benefits only around a third of children on free school meals. I had hoped to discuss this with the relevant Minister last week, but he resigned instead. However, we are concerned about this and while some good evaluation has been done of the holiday activity fund, the fact that we are missing two-thirds of children on free school meals indicates that there is more work to do on why more children are not accessing it. While it is an attempt to improve the situation, it is just not working widely enough.

I say this to the Government: whoever emerges as Prime Minister in a few weeks’ time, he or she will have to bring forward urgent measures to support hard-pressed families. Labour has argued for increases in the early years pupil premium and a recovery action plan, but it is important that we go much further. It is important, too, that we do not make spending commitments without having identified the source of the funding tonight. We are working on how best to do this, so that stigma and holiday provision are tackled as well, because we need to act.

Families are struggling to afford the basics and with inflation, energy costs and food prices all increasing, the situation is just getting worse and worse. I put on record my sincere thanks—thank goodness they are there—to all those schools, teachers, charities and voluntary organisations that are saving lives by doing such amazing work in communities up and down the country. They are trying the best they can to fill this gap.

From our position, the Opposition can only hope that the Government bring forward measures quickly, as the Labour Party has done in Wales. If they do, we will support them.

[Baroness Barran (Con)]

My Lords, I start by responding to Amendment 57 in the name of the noble Lord, Lord Hunt, on the importance of local flexibility within the direct national funding formula. The legislative framework in Part 2 of the Bill already allows for local authorities to determine and administer certain aspects of school funding. Clause 37 will require local authorities to determine supplementary allocations for each of their local schools if the Secretary of State provides for this in regulations. In practice, this means that schools will be able to receive top-ups to their budget, calculated by the local authority, in addition to the department’s national funding formula. This provides flexibility for local authorities to retain a role in the allocation of funding.

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Moved by

[Baroness Barran]

61: Before Schedule 3, insert the following new Schedule—
“Schedule 2ASections 29 and (Schools with a religious character: power of certain bodies to apply for an Academy order): consequential amendments to the Academies Act 20101 The Academies Act 2010 is amended as follows.2 (1) Section 4 (Academy orders) is amended as follows.(2) In subsection (1)(a), after “3” insert “, 3A or 3B”.(3) In subsection (4)(c), for “that has a foundation” substitute “, all of the following that exist in relation to the school”.(4) In subsection (5)—(a) in the words before paragraph (a), after “3” insert “, 3A or 3B”;(b) in paragraph (c), for “that has a foundation” substitute “, all of the following that exist in relation to the school”.(5) Omit subsections (8) to (10).3 In section 5 (consultation about conversion: schools not eligible for intervention), in subsection (1), for “, the school’s governing body” substitute “as a result of an application under section 3, 3A or 3B, the applicant”.4 In section 5A (consultation about identity of Academy sponsor in certain cases), omit subsections (3) to (5).5 In section 5B (duty to facilitate conversion), for subsection (1) substitute—“(1) Where—(a) an application under section 3A or 3B has been made for an Academy order in respect of a school, or(b) an Academy order under section 4(A1) or (1)(b) has effect in respect of a school,the governing body of the school and the local authority must take all reasonable steps to facilitate the conversion of the school into an Academy.”6 In section 5C (power to give directions to do with conversion), for subsection (1) substitute—“(1) Where—(a) an application under section 3A or 3B has been made for an Academy order in respect of a school, or (b) an Academy order under section 4(A1) or (1)(b) has effect in respect of a school,the Secretary of State may direct the governing body of the school or the local authority to take specified steps for the purpose of facilitating the conversion of the school into an Academy.”7 In section 7 (transfer of school surpluses), in subsection (1)(b), after “3” insert “, 3A or 3B”.8 In section 17 (interpretation), after subsection (2) insert—“(2A) In this Act, “the appropriate religious body”, in relation to a school, means—(a) in the case of a Church of England or a Roman Catholic school, the appropriate diocesan authority;(b) in any other case, such body or person representing the specified religion or religious denomination as is prescribed under section 88F(3)(e) of SSFA 1998.(2B) In the case of a school in relation to which there is more than one religion or religious denomination specified, references to “the appropriate religious body” are to be read as references to both or all of the bodies concerned.(2C) In subsections (2A) and (2B), “specified” means specified in the order under section 69(3) of SSFA 1998 relating to the school.(2D) Expressions used in subsection (2A) and SSFA 1998 have the same meaning as in that Act.””Member’s explanatory statement
This amendment would insert a Schedule into the Bill containing amendments to the Academies Act 2010 which are consequential on the new sections 3A and 3B inserted into that Act by clause 29 and the new clause inserted by the amendment in Baroness Barran’s name after clause 29.

Schools Bill [HL]

Baroness Barran Excerpts

Report stage & Lords Hansard - Part 2
Tuesday 12th July 2022 Lords Chamber

[Lord Lucas (Con)]

My Lords, that is a really good suggestion, and I sense that the House is at one on what we are doing here.

I did my work experience down a coal mine—I think that broadened my experience a good deal, as a boy from Eton. One of my work shadows from Yorkshire was, until recently, a government Minister, so respect to him for getting there and also for not being there.

Work experience is a real mind-opener for people. When, under the guidance of the noble Lord, Lord Bassam, we did the report on seaside towns, one of the things we noticed all the way round the country was not a poverty of ambition in young people in seaside towns but a poverty of belief. All they saw was what was around them, and they did not believe that anything else was possible. To give them work experience outside that, and to bring in at primary level people who represent careers that are not obviously open to them, would be wonderful.

It is wonderful to do work experience with primary school children; they are so open. They are interested, chatty and fascinated. There is none of the, “Oh, whatever” that you get at secondary schools. Children’s minds are so open at primary school. I am delighted that we are moving in this direction, and I encourage my noble friend to carry this forward to whoever is in charge of things in a month’s time.

[Baroness Barran (Con)]

I thank the noble Lord, Lord Shipley, and the noble Baronesses, Lady Garden, Lady Chapman and Lady Wilcox, for Amendments 64, 112 and 113, which raise the important topic of careers education in both primary and secondary schools.

I turn first to Amendments 64 and 112 regarding careers education in primary schools. The Government believe that careers education is essential to ensure that young people can make informed choices about their future learning and careers. To reassure the noble Baroness, Lady Fox, she will be aware that the Government have long stressed the need for a broad and balanced curriculum, so I hope that some of the breadth she described is recognised in the curriculum, as set out today.

I thank the noble Lord, Lord Shipley, for his warm welcome of the new grant funding that is now open for applications to deliver a programme of careers provision in disadvantaged primary schools. Having attempted to win round the noble Baroness, Lady Fox, I now know that I am going to lose her, because the programme will focus on three of the eight Gatsby benchmarks. I think one is exactly what the noble Baroness, Lady Chapman, was talking about, in linking curriculum learning to careers. But here is where I think it might go downhill: we are facilitating meaningful age-appropriate employer encounters—I feel the ground giving way beneath my feet—and providing opportunities to experience a variety of workplaces. It will be a chance to encourage children to raise their hope and belief, as my noble friend Lord Lucas described, and, we hope, help them overcome any lack of confidence that might hold them back. The programme will target support for schools in the 55 education investment areas announced in the levelling-up White Paper, where educational outcomes are currently weakest.

In addition, Amendment 112 requires every secondary school to provide professional, in-person careers advice. From September this year we will commence the Education (Careers Guidance in Schools) Act 2022, which extends the duty to provide independent careers guidance to all pupils in all types of state-funded secondary schools throughout their secondary education.

It is also the case that our statutory guidance makes clear that schools should deliver their careers programmes in line with the Gatsby benchmarks. Benchmark 8 is focused on the delivery of personal guidance and makes it clear that every pupil should have opportunities for guidance interviews with a careers adviser. In addition, we are funding the Careers & Enterprise Company with £29 million during 2022-23 to help support schools and colleges to drive continuous improvement in the delivery of careers services for young people and to support it to deliver the Gatsby benchmarks.

Turning to Amendment 113, again I thank the noble Baronesses, Lady Chapman and Lady Wilcox. Our careers statutory guidance for secondary schools has a clear framework, based on meeting the expectations in the Gatsby benchmarks. It requires that schools offer work placement, work experience and other employer-based activities as part of their career strategy, and it makes clear that secondary schools should also offer every young person at least seven encounters with employers during their secondary education. Through the Careers & Enterprise Company, more than 300 cornerstone employers are working with career hubs to bring businesses together with local schools and colleges. In addition, the enterprise adviser network of about 3,750 business professionals is working with schools and colleges to help ensure young people are offered quality interactions with employers throughout their secondary education.

For looked-after children specifically, to which the noble Baroness, Lady Chapman, referred, each school and local authority’s virtual school head has an important role to play in raising the aspirations of this group of young people, supporting them to think about their careers and prepare for adulthood. As the noble Baroness knows, each looked-after child should have a personal education plan, and local authorities have clear guidance that this should set out how a child’s aspirations and self-confidence are being nurtured, especially considering long-term goals, such as work experience and career plans. I should be delighted to discuss that further with the noble Baroness; I very much share her aspiration, and I hope we can work together to support and create the best opportunities for looked-after children, in particular. With that, I ask the noble Lord, Lord Shipley, to withdraw his amendment.

[Lord Shipley (LD)]

Before the Minister sits down, could she write to me—

[Baroness Barran (Con)]

Yes, if I may, I shall write to the noble Lord about the shared prosperity fund in England.

[Lord Shipley (LD)]

My Lords, I am very grateful for the Minister’s reply and the further explanation that she has given of what the Government are planning. I place on record that that is most welcome and will be well received by those who will be directly involved in delivering it.

I just assure the noble Baroness, Lady Fox, that this is not about social engineering. It is not about just getting employment; it is about awakening young people’s imagination; it is about social mobility; it is about raising aspirations. There is the evidence of the North East Ambition pilot, which has been part funded by Ernst & Young’s EY Foundation. I see the right reverend Prelate the Bishop of Durham nodding his head, because much of that has occurred in County Durham. It has an impressive record. The engagement of the teaching staff in the primary schools there has been particularly marked. It has now produced a two-year review, and it is well worth reading if Members would like to do so. It explains what it is trying to do and how it is being done with parents and carers engaged. With that, I beg leave to withdraw the amendment.

Child Vulnerability (Public Services Committee Report)

Baroness Barran Excerpts

Monday 11th July 2022 Lords Chamber

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

My Lords, I thank all noble Lords for their thoughtful contributions today, and I echo other speakers in thanking the noble Baroness, Lady Armstrong of Hill Top, for her leadership of the committee. As your Lordships have reflected, the real test of any society is how it treats those who are most vulnerable within it, and I welcome the committee’s report for shining a light on some of the challenges that we face. On a personal note, I am extremely grateful for the generosity of the noble Baroness opposite, and for her kind words.

Before I turn to many of the individual points made, I want to start by saying that, as our response showed, the Government do not agree with every recommendation on how we should take things forward, but our direction of travel on what we should be trying to achieve is, we believe, strongly aligned. One of the elements of “how” has come up a lot in the House tonight; namely, co-production with vulnerable children and their families. That is something which perhaps we need to talk a bit more about because it is present in a number of the policies that the Government are pursuing. I thank the Children’s Commissioner for the work that she is leading in this area, and the example that she is setting.

I turn to the committee’s recommendation on having a single, cross-government strategy for vulnerable children. As the noble Lord, Lord Hogan-Howe, described, we have concerns about whether this would be a manageable approach and whether it would have sufficient focus to deliver. We also prefer to delegate authority in these matters to local areas, as the noble Baroness, Lady Armstrong, pointed out. Since the inquiry reported, the special educational needs and disabilities and alternative provision Green Paper, the schools White Paper and the independent care review have all set out an enormous agenda that touches on these areas, one which seeks to deliver a coherent education, health and care system that works in the interests of all children, but in particular for those who are especially vulnerable. We are working at pace to take those reviews forward and we have committed to setting up an implementation panel in relation to the care review which will report at the end of this year.

Whatever language we want to use to describe it, we are thinking strategically about a range of policies in this area. We are introducing as much independent scrutiny and challenge as possible, with the care review but also with the consultation on the Green Paper. That will build on strong governance across all departments and plans for particular aspects of vulnerability that affect children. To share a few examples of this, we have announced a new child protection ministerial group to make sure that safeguarding is championed at the very highest levels; we have cross-government strategies or plans in relation to serious violence, mental health and domestic abuse; and programmes such as Supporting Families and the family hubs show how we join up services locally, which I hope responds a little to the challenge from the noble Baroness, Lady Chapman. We also have departmental outcome delivery plans. Our plan in the Department for Education includes a priority to:

“Support the most … vulnerable children … through high-quality local services so that no one is left behind”,


so we are working very closely to deliver on that.

I turn to the calls in the report for ring-fenced funding for early interventions to return to 2010 levels. We absolutely accept that local government funding has faced pressure in recent years, as the noble Baronesses, Lady Chapman and Lady Pinnock, pointed out. This year, local authorities have access to £54 billion of core spending to deliver their services, which is an increase of £3.7 billion from 2021-22. I can say in response to the noble Baroness’s points that the most deprived areas of England will receive 14% more per dwelling than the least deprived, so we remain cautious about the concept of ring-fencing and prefer to leave discretion to local areas.

We have been encouraging more focus on vulnerable children and early intervention via a step change in funding levels at the spending review, with over £1 billion for government programmes to improve support, advice and early help services from birth through to adulthood, including, as your Lordships have referred to, family hubs and Start for Life services, but also the Supporting Families programme and the holiday activities and food programme. This funding will help to improve access, and we aim to put relationships at the heart of family support for all the reasons that your Lordships described so eloquently. Those who gave evidence to the committee articulated the anxiety that I think any of us might feel when seeking help.

On the issues about working with the voluntary sector, I absolutely support the points made by the noble Baroness, Lady Pitkeathley, and the right reverend Prelate the Bishop of Chichester about the important role that the sector plays. The Government work very actively with the voluntary sector across many areas, including addressing some of the causes of vulnerabilities, such as alcohol misuse and domestic abuse, and working with the sector to prevent children being drawn into crime. We have also renewed a £560 million commitment for youth services, and many of our partners in the holiday activities and food programme are also from the voluntary sector.

I thank the right reverend Prelate for his reference to loneliness among young people. It was genuinely an incredible honour to be the Minister for Loneliness—a post that was set up in memory of the late Jo Cox—particularly during the pandemic, when loneliness was so prevalent and terrible. I talked to many young people about that in that role.

While talking about some of the underlying issues, my noble friend Lady Wyld asked for an update on our commitment to improving capacity in mental health services, particularly for young people. She will be aware that we have committed to increasing the investment in mental health services by £2.3 billion by 2023-24, and we believe that this will allow access to services for an additional 345,000 young people. We are also increasing the number of mental health support teams in schools and colleges to around 400, which will support approximately 3 million students in England by 2023.

Moving beyond the role of the voluntary sector to the points raised by the noble Baroness, Lady Chapman, on local and central government collaboration, I say that obviously the committee was keen to see a new duty on local authorities to collaborate to improve long-term outcomes. Local partners already have a duty to work together to safeguard and promote the welfare of children, and local authorities to promote co-operation to improve the well-being of children. Of course, as we have heard tonight, the challenge is to make these work in practice.

The reforms from the independent care review and the SEND Green Paper have an important role to play in driving collaboration. The care review has a real focus on improving multi-agency working, and the Green Paper proposes requiring local areas to develop a co-produced inclusion plan; I hope that is a helpful example of co-production in practice. This will build on existing mechanisms to evaluate the effectiveness of joint working; for example, the joint targeted area inspections of multi-agency safeguarding arrangements. We are strengthening these including via thematic deep dives, such as “The effectiveness of early intervention”.

On effective data-sharing, as your Lordships reflected, the sharing of information for safeguarding purposes is already supported by legislation, but the data reform Bill will change the law to make it even clearer that there is no barrier to sharing data where child safety is concerned. We will also report to Parliament on our plans for information sharing, including the feasibility of a common child identifier, which the noble Baroness, Lady Tyler, mentioned. I can reassure her that work has started on that; there was a launch event last week.

We also have an ambitious digital transformation agenda for health, with the rollout of electronic patient records and the development of digital red books, which my noble friend Lord Davies of Gower referred to. As regards the scale-up and development of this, we are keen to start with infants and early years—very young children—and will make sure that this works well before going any further.

The noble Lord, Lord Hogan-Howe, asked about why we still need MASHs. I lost many years of my life trying to set up multi-agency information-sharing arrangements around the country, so perhaps he and I need a cup of tea to discuss this in more detail. However, the serious point is that information sharing itself does not make children any safer; what makes them safer is people taking actions, having shared the information and understood the situation fully. Genuinely, that is why people still need to meet.

On family hubs, we absolutely share the committee’s interest in earlier intervention which is better joined up. As part of the £1 billion of government programmes which I have already referred to, we are investing £300 million to transform Start4Life and family support services in 75 local authorities across England. The noble Baroness, Lady Chapman, asked when we would get to the 20%; our commitment in the first stage is half of all local authorities in England. We are making good progress too on delivery; we have announced the areas that will benefit, and obviously the focus there has been on areas with the greatest deprivation levels. We are expecting the programme guide to be finalised soon, and local authorities will sign up for the programme later this year, paving the way for family hubs to be up and running from next year.

My noble friend Lady Wyld asked about the evaluation of the programme. We have committed £2.5 million to the family hubs evaluation innovation fund, which is a three-year commitment, and that will also cover funding for the National Centre for Family Hubs. Our aim is to capture and learn iteratively through this process. The evaluations will focus on three areas: first, process, service implementation and performance; secondly, outcomes and impact; and, finally, an economic evaluation, which will look at value for money.

In closing, as I set out at the start of my speech, there is a lot of common ground in our aspiration for vulnerable children. We are ambitious in the reforms we want to implement, and making sure that our delivery is effective is a vital prerequisite to any future scaling. We thank all those who served on the committee and those who gave evidence. I know that those of your Lordships who were on the committee felt strongly that you wanted to make sure that the voices of those who gave evidence were heard in the House, and we can all reassure you that that was the case. I am deeply grateful to the committee for its contribution.

Schools: Citizenship Education

Baroness Barran Excerpts

Wednesday 29th June 2022 Lords Chamber

[Lord Harries of Pentregarth]

To ask Her Majesty’s Government what assessment they have made of the teaching of citizenship education in schools.

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

My Lords, citizenship education is considered as part of Ofsted school inspections. In addition, Ofsted plans to undertake a review of personal development in schools in England. The review, which will include consideration of citizenship education, will involve analysis of inspection evidence, and culminate in the publication of a national report on personal development later this year. This will be similar to reviews that Ofsted has published for other subjects.

[Lord Harries of Pentregarth (CB)]

I thank the Minister for that reply. The report The Ties that Bind, from the Select Committee chaired by the noble Lord, Lord Hodgson of Astley Abbotts, made a number of recommendations on citizens’ education. Recommendation 16 said:

“The Government has allowed citizenship education in England to degrade to a parlous state. The decline of the subject must be addressed in its totality as a matter of urgency.”


In their response to that recommendation, the Government simply indicated what is in the subject and what schools may do, but said absolutely nothing about what the Government would do, so I very much hope there will be not only a report but some action after that report.

[Baroness Barran (Con)]

The Government share the noble and right reverend Lord’s aspiration, and the aspiration of the committee to which he refers. We want our children to leave school with the knowledge, skills and values that prepare them to be active citizens, and good citizenship education obviously can help to achieve that. We look forward to the report and acting on it when we receive it.

[Baroness Warwick of Undercliffe (Lab)]

My Lords, will the Minister accept one of the specific recommendations of The Ties that Bind and reinstate bursaries for citizenship teachers for the 2023-24 academic year? Will she further consider keeping these bursaries in place until there are sufficient numbers to ensure that there is at least one trained specialist in every secondary school?

--- Later in debate ---

[Baroness Barran (Con)]

The noble Baroness will be aware that we are continuing to focus our bursaries on English baccalaureate subjects, particularly those experiencing teacher shortages, to secure as many applicants as possible in areas where schools will devote most of the teaching time. Citizenship trainee teachers are eligible for a tuition fee loan and a maintenance loan to support them.

[Baroness Garden of Frognal (LD)]

My Lords, if we wish our young people to emerge from school with skills for life, citizenship education is surely essential. Following on from the previous question, what progress are the Government making in recruiting citizenship teachers, who are in very short supply?

[Baroness Barran (Con)]

The noble Baroness will know that, currently, the data does not allow us to identify that specifically in relation to initial teacher training. We have got the data on the number of citizenship teachers, which has been broadly stable over the last five years. I point out to the House that the number of children doing citizenship as a GCSE last summer was up by 10%.

[Baroness Manzoor (Con)]

My Lords, the Government’s schools White Paper does not address citizenship directly. Can my noble friend the Minister say exactly how the Government are intending to address this?

[Baroness Barran (Con)]

I thank my noble friend for her question. She is right that the schools White Paper focused very much on our literacy and numeracy ambitions: that by 2030 90% of primary school children will reach the required standard in reading, writing and maths, and the average GCSE grade will rise from 4.5 to 5 in English and maths. Those subjects are absolutely critical for children being able to engage in citizenship in all its different forms. Our focus on a broad and balanced curriculum will also support that.

[Lord Blunkett (Lab)]

I wonder whether the Minister, who, with the Minister of State, has a sympathetic ear on this subject, can tell me why the department is supporting Ofsted in its belief that personal development and active citizenship and citizen education are one and the same, when they clearly are not?

[Baroness Barran (Con)]

The understanding is that citizenship education is an important part of schools’ accountability for their pupils’ spiritual, moral, social and cultural education. I do not think there is a suggestion that it is equivalent to personal development, but it is a critical part of personal development.

[Baroness Butler-Sloss (CB)]

Slavery has become one of the really important issues which is discussed generally. I am hoping that the Government might encourage schools to cover slavery. If they do, would they please include modern slavery, which is rife, and not just the slavery of the past?

[Baroness Barran (Con)]

The noble and learned Baroness makes a really important point. I think she will also recognise that schools will have different ways of teaching their pupils and getting them to understand important issues such as slavery and, sadly, modern slavery.

[Lord Cormack (Con)]

My Lords, there was a suggestion a few years ago in your Lordships’ House that all young people, as they left school, should go through a citizenship ceremony similar to that which those who take up British citizenship go through. This idea had a very favourable reception but seems to have disappeared. Is it something that my noble friend can put back on the agenda?

[Baroness Barran (Con)]

I am not aware that that is being considered. However, the Government’s commitment to the National Citizen Service, which works with tens of thousands of children and hundreds of educational settings across the country to provide not just opportunities for children and young people but a recognition of their contribution to society, remains unstinting.

[Baroness Meacher (CB)]

PSHE is not currently a compulsory subject in education. As the Minister rightly said, PSHE is a part of citizenship. Does the Minister agree that it would be extremely helpful to have citizenship, including PSHE, as a compulsory subject in schools? Surely that is as important as any other compulsory subject in education so that all children are prepared for adult life in this country.

[Baroness Barran (Con)]

My Lords, I am not sure that I completely followed the noble Baroness’s question. RSHE is already a requirement in secondary school. If I may, I will come back to the noble Baroness and clarify.

[Baroness Chapman of Darlington (Lab)]

The schools White Paper mentions citizenship once, there is no bursary, the Government do not collect the data on initial teacher training in citizenship, and Ofsted does not consider it in the same way as other curriculum subjects. Can the Minister understand why noble Lords are concerned that the Government are not giving citizenship the focus that it needs?

[Baroness Barran (Con)]

I understand that the context of the society in which we currently live, and of some of the issues around the world, make citizenship and that really strong grounding in our values as a nation incredibly important. On the noble Baroness’s specific points, evidence of citizenship education is considered at every inspection; whereas, if it were part of a national curriculum subject inspection, it would not be inspected in quite the same way. I point the House to the reforms that we have made to professional qualifications for teachers, particularly in relation to leadership, where there is a renewed emphasis on building a strong school ethos, leading in terms of behaviour and culture, and building character.

[Lord Suri (Con)]

My Lords, citizenship education is vital to the development of skills and understanding to nurture pupils to play a responsible role in society, and for their own betterment in real situations. Citizenship became a statutory national curriculum subject in England in 2002; 20 years on, how have the Government improved the national curriculum to deal with an evolving society?

--- Later in debate ---

[Baroness Barran (Con)]

I thank my noble friend for his question. The curriculum content in relation to citizenship covers democracy, politics, Parliament and voting, as well as human rights, justice, media literacy, the law and the economy. Increasingly, the curriculum has a wider focus on environmental issues and the responsibility of all of us, as citizens, to care for the environment.

Schools Bill [HL]

Baroness Barran Excerpts

Wednesday 29th June 2022 Lords Chamber

Moved by

[Baroness Barran]

That the amendments for the Report stage be marshalled and considered in the following order:

Clauses 1 to 3, Schedule 1, Clauses 4 to 7, Schedule 2, Clauses 8 to 45, Schedule 3, Clauses 46 to 52, Schedule 4, Clause 53 to 64, Schedule 5, Clauses 65 to 71, Title.

Motion agreed.

Schools Bill [HL]

Baroness Barran Excerpts

Committee stage
Monday 27th June 2022 Lords Chamber

[Lord Storey (LD)]

My Lords, we support all three amendments in this group. I declare my interest as vice-president of the Local Government Association.

I start by telling the Committee that every single school on Merseyside has a defibrillator. Why? As we have heard, at the school that my daughter attended at the time, a young boy called Oliver King had a tragic sudden cardiac arrest in the swimming pool and died. As noble Lords can imagine, the school was grief-stricken; the pupils and the staff needed counselling. However, from that awful tragedy something wonderful happened, in that Mark King established a charity in his son’s name, the Oliver King Foundation, with the simple aim of putting a defibrillator in every school on Merseyside. As noble Lords can imagine, the community rallied round—the local press, benefactors, et cetera—and it happened. As we have heard from other noble Lords, Mark has continued his mission, not just for Merseyside but for schools throughout the UK. He was a frequent visitor to Parliament, trying to encourage MPs and Peers to get behind his campaign. I have to single out former Education Minister, the noble Lord, Lord Nash, for whom I managed to arrange meetings with Mark King. The noble Lord had planned to celebrate, so that when we reached the target of, say, 1,000 defibrillators in schools, we would have a party. Unfortunately, the noble Lord, Lord Nash, was reshuffled, or decided to leave, and that never happened, but he was very helpful and supportive in that campaign.

I mention that it is not going to be expensive, as the noble Lord, Lord Aberdare, rightly said. We are not allowed to use props or visual aids in the Chamber, but an Australian and a Canadian—noble Lords have probably met them as well—have come up with something, because most cardiac arrests actually happen in the home. They do not happen in public places, at schools or sporting events; most happen in the home and it is too expensive to spend several thousand pounds to have a defibrillator in your house unless you are very wealthy. These two people—one is an inventor and the other a salesperson—have invented a defibrillator which is about the size of a notebook. They are very simple to use and they cost, I think, just under £200. If you cannot afford that, there is a monthly subscription of a few pounds, and there is no reason why everybody should not have one in their home. For those who cannot afford one, there should be some mechanism of support. I gave mine to my noble friend Lady Walmsley and she promised me she would show it to the Health Minister. Maybe she will show it to the noble Baroness, Lady Barran, as well, or I will get it back off my noble friend. It is a real way forward.

I agree with the noble Lord, Lord Aberdare, when he rightly says that this is about protecting young lives. There are various other things we can do. Defibrillators should be available in every school, but so too, for example, should an EpiPen—it should be mandatory for every school to have one. Again, the noble Lord, Lord Aberdare, puts his finger on it when he says that every school should include first aid training as part of its curriculum. It does not take long. There is a gap when year 6 pupils have finished their SATs and are kicking their heels before they go to secondary school. That is an ideal time to do first aid training. It could be four or five sessions, and St John Ambulance or the Red Cross are only too willing to help out. There are wonderful schemes whereby they can provide lesson notes and all the rest.

Similarly, another area that should be mandated—by the way, I have a Private Member’s Bill on this—is water safety. We could prevent young people drowning if people knew proper water safety. This is about preserving lives, so it is hugely important. I am sorry that I have repeated the points that others have made.

The amendments on school buildings are absolutely right. At Second Reading I mentioned the internal memos, which the Minister will know about, outlining real concerns about the safety of our school buildings. This has gone on for a while—the coalition time was mentioned; I am not sure if that is true but perhaps it is. Of course, the Building Schools for the Future programme was excellent, but many of the buildings were very shoddily built and had a life expectancy of 20 or 25 years. Never mind the whole business of PFIs and whether they were good value for money—we will not go there—but I know from personal experience that many of the buildings, certainly the ones I have seen, are quite shoddy in my opinion; they are well past their proper use. These two amendments are hugely important and I hope that, between now and Report, we can look at them carefully and see what support we can give.

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

I thank the noble Baroness, Lady Chapman, for Amendment 156. Well-maintained and safe buildings and facilities are essential to support high-quality education, and they remain a priority for this Government. Perhaps the noble Baroness will be very kind and pass on my thanks to the noble Baroness, Lady Wilcox, for her update on the Welsh strategy.

As my noble friend Lady Berridge pointed out, responsibility for school buildings lies with the relevant local authority, academy trust or voluntary-aided school body. Those organisations are best placed to prioritise available resources to keep schools safe and in good working order, based on their local knowledge. We provide significant annual capital funding, major rebuilding programmes, and extensive guidance and support to the sector. We have allocated more than £13 billion to improve the condition of schools since 2015, including £1.8 billion committed this year.

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[Baroness Berridge (Con)]

The amendment is not saying that we should compel schools, for that reason. My noble friend may need to come back to this, but what happens in a scenario where there is no agreement between the department and the responsible body about what should happen to a building? That is the key issue in the amendment: transferring the responsibility to the department. Although I appreciate the detailed case-by-case examples, it is a very different scenario if you have a building material fail across thousands of schools and risk going across the system. Can my noble friend say what happens if there is disagreement in that kind of scenario?

[Baroness Barran (Con)]

It might be most helpful to the Committee if I come back to my noble friend. She is right to insist to have this point discussed on public record but it would be more useful to take a real example that we can quantify in some way.

On Amendment 167 in the names of my noble friend Lord Moynihan, the noble Lord, Lord Aberdare, and the noble Baroness, Lady Grey-Thompson, we absolutely recognise the importance of defibrillators. That is why our guidance for building new schools has included the provision of defibrillators since 2019. As noble Lords referred to, we have also worked with NHS England to establish a framework for schools to purchase defibrillators at a reduced rate. I thank the noble Lord, Lord Aberdare, for his update on the latest in defibrillator technology, and I would of course be delighted to meet with the noble Baroness, Lady Grey-Thompson, and colleagues.

I was touched by the reference of the noble Lord, Lord Storey, to the tragic death of Oliver King; a friend of my children died in a school local to us, so I am all too aware of the tragedy involved in such cases. I am pleased that the Secretary of State has committed to working with the Oliver King Foundation to ensure that all schools have access to defibrillators. We are currently working on options to deliver these life-saving devices, and I look forward to being able to update noble Lords on that before too long.

I am told, for your Lordships’ benefit, that there is a defibrillator in Black Rod’s box, so we are all now informed.

I therefore ask the noble Baroness, Lady Chapman, to withdraw her Amendment 156 and ask other noble Lords not to move the amendments in their names.

[Baroness Chapman of Darlington (Lab)]

I am very pleased to hear what the Minister has just said about defibrillators. I was waiting to hear what noble Lords said on that amendment before responding, and I have to say that the case is overwhelming, given the tragic cases of Oliver King and a young person who was a friend of the Minister’s family, as she said. It is very strange that whether these devices are accessible to you largely depends on when your school was built. That does not seem to make any sense. They are not expensive and the benefits are incredible. I am encouraged by the Minister’s last sentence about wanting to come back to us, I hope on Report, with something more on that.

On the amendments on school land and buildings, I think I followed what the noble Baroness, Lady Berridge, was arguing. Had she not tabled her amendment, that issue probably would not have come to the attention of noble Lords. Again, we need to hear what the Minister has to say on that. If she is intending to write to the noble Baroness, could that letter be shared so that we can all appreciate and understand how the Government intend to answer that question?

On the amendment I tabled alongside my noble friend Lady Wilcox, we remain concerned about the condition of school buildings. I understand the points made from the Liberal Democrat Front Bench about BSF, but I gently point out that if you were a governor at a school who had put a lot of time and effort into their BSF bid—as I did at the time—and then had that cancelled, you would much rather have what the noble Lord describes as a less than gold-plated building to learn in than what we were presented with: a leaky, cold, not particularly safe building that dated back to the 1970s. I would have bitten Michael Gove’s hand off at the time to get that bid agreed. It was not as if BSF was replaced with something less bureaucratic, which I can accept may have been needed. That did not happen and the investment was not forthcoming. I understand that the Minister does not want to comment on leaked documents, but we find ourselves now in a situation where, as a parent, you read that there is great concern that buildings are deemed a risk to life. That is something we need to continue to press Ministers on and may well return to on Report. I beg leave to withdraw.

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[Baroness Barran (Con)]

My Lords, I thank the noble Baroness, Lady Chapman, for Amendment 171H and the noble Baroness, Lady Morris, for Amendment 171U, both on local education partnerships. I very much enjoyed my meeting with the noble Baroness, Lady Morris, a few months ago to discuss her important work chairing the Area-Based Education Partnerships Association. I absolutely agree with both noble Baronesses and other noble Lords about the importance of local coherence and collaboration between different parts of our schools system.

The noble Baroness, Lady Morris, talked about the importance of school improvement in part underpinning her amendment. She will be aware that, in the schools White Paper, we set out a specific plank of the strong trust framework focused on school improvement. We absolutely support the spirit of her amendment but, as she knows, we believe that this is best done through strong multi-academy trusts.

However, as all of your Lordships have said, it is vital that trusts, local authorities and other actors in the school system work together effectively. The schools White Paper sets out our commitment to ensure that this is the case, and the special educational needs and disability and alternative provision Green Paper outlines proposals to enable statutory local SEND partnerships. We are also establishing local partnership boards in the 24 priority education investment areas that bring together local authorities and strong trusts to help identify local priorities and drive improvement at key stage 2 and key stage 4.

However, we do not believe that either of these amendments is necessary. We have already committed to developing a collaborative standard, which will facilitate effective partnerships between trusts, local authorities and third sector organisations to impact their communities positively in the way your Lordships have described. We will work with the sector to develop the detail of this standard as part of the regulatory review.

The noble Baroness, Lady Morris, talked about the importance of place. Again, we agree with her. She will be well aware of our work previously on the opportunity areas and, more recently, on the education investment areas.

[Baroness Morris of Yardley (Lab)]

What the Minister just said is very interesting. I was going to intervene to ask what mechanism the Government will use to bring them together. Am I right in interpreting what she said as that the mechanism might be something the Government will look at in the regulatory review? If so, at that point, would she consider partnerships as one of the mechanisms that might bring it about?

[Baroness Barran (Con)]

I am sure that the noble Baroness would not allow me to get away with prejudging the findings of the regulatory review. In all seriousness, the point of the review is to engage intensively with the sector and partners. I was going to invite her to meet to talk about some of these points in more detail as the review progresses. The review will also develop not just the collaborative standard that both noble Baronesses pointed towards but the area-based approach to commissioning, which we articulated in the guidance we released in May on implementing school system reform.

I also point to the work done by the Confederation of School Trusts, which represents many in the sector. It has done a lot of work on public benefit and civic duty, which speaks to the spirit of what is behind both noble Baronesses’ amendments and which we support very strongly. Although we continue to emphasise the importance of local partnerships, we do not believe it is for government to mandate a particular form in every area, and we believe that local partners are best placed to determine the arrangements that are right for their areas.

I now turn to Amendments 171T and 171W, both tabled in the name of the noble Lord, Lord Hunt, which seek to extend the role of the Local Government and Social Care Ombudsman to include complaints about academy admissions. There is already a strong and effective route for complaints by anyone, including parents, about academy admission arrangements, including oversubscription criteria, through the independent Office of the Schools Adjudicator, whose decisions are binding and enforceable. Forgive me: I am not sure I heard the noble Lord refer to that, but we believe that system works very well.

Where an individual child is refused a place at a school they have applied to, the parent always has the right to an independent appeal. We made changes to the School Admissions Code last year to improve the process for managing in-year admissions and to improve the effectiveness of the fair access protocols, the mechanism to find places for vulnerable and unplaced children in-year. The local authority can direct a maintained school to admit a child and the Secretary of State has the power to direct an academy to admit a child. Looking forward, the schools White Paper confirmed that the Government will consult on a new statutory framework for pupil movements between schools and a back-up power to enable local authorities to direct an academy trust to admit a child. More broadly, there is a requirement that every academy trust has a published complaints procedure and, in turn, that this must include an opportunity for the complaint to be heard by a panel containing members not involved in the subject of the complaint and one person not involved in the management or running of the school.

As noble Lords have rightly said, it is important that parents have access to a strong and effective appeals process. The department currently provides a route for independent consideration of complaints about maladministration of appeals in relation to academy schools. To put this in perspective, we received 374 complaints about maladministration by independent appeal panels between 1 April and 31 December 2020. Of these, 123 complaints were in scope and were considered further. However, that is a tiny number compared to the total number of appeals that year, which was 41,000 for academies and maintained schools. We are aware that the Local Government and Social Care Ombudsman has made proposal in its triennial review, similar to the one supported by the noble Lord, Lord Davies of Brixton, that it should include maladministration of academy appeals. We are considering its proposals and will publish a response in due course. Therefore, we believe that there are sufficient measures in place for academy complaints and that these amendments are not necessary. I ask the noble Baroness, Lady Chapman, to withdraw Amendment 171H and other noble Lords not to move theirs.

[Baroness Chapman of Darlington (Lab)]

I am very grateful to the Minister for her response. The amendments that my noble friend Lady Morris and I tabled are different, but they come from the same place, if I may put it like that. My experience is more about getting anyone who has any interest whatever in the life of young people in a particular place together, and I found that useful, but I completely understand and support the idea of getting a focus on school improvement. There is a lot to be said for that and it is pleasing that the Government are, I think, starting to recognise the value that brings and the need to allow for a place-based approach. Children live in a particular area and a particular community, and it is a problem when schools do not work together.

As an example, we had a problem with transition between primary and secondary school. We were able to get all the schools to work together and to agree that they would have one week that primary schoolchildren spent in their secondary school and the secondary schoolkids spent at work experience or in their sixth form or FE college nearby. Everyone did it together, it made life a lot easier and it made the experience far more beneficial for the children involved. There are practical things but it needs somebody to hold the ring and to organise and broker that agreement. If you do not have that, these things just do not get done. That is all we are trying to get at.

The other thing it does is to make head teachers and subject leaders, and perhaps a PHSE group in primary schools, accountable to one another. That is so valuable. My noble friend Lady Morris said that she felt she was a teacher in Coventry and had a responsibility to that place in which she had an identity. Mutual accountability brings out the best in school leaders. We are very pleased to hear that the Government are looking at it. I will go away and have a look at the things the Minister referred to, but I wonder whether the approach she outlined is strong or energetic enough to inspire that collaboration at a local level everywhere that needs it. It is interesting that EIAs will be asked to work on that. I would have thought that if it is beneficial to areas with that kind of problem, it would be beneficial to areas that fall just outside the criteria for them. I cannot think of a place that would not benefit from having school leaders and others working together.

On the Local Government and Social Care Ombudsman, we need to look at the Office of the Schools Adjudicator, but having said what I said initially and having listened to my noble friend make an incredibly good case, perhaps I have to look again at my experience of the Local Government and Social Care Ombudsman, at how user-friendly or not it might be and at whether there is something that could be done quite straightforwardly along the lines outlined by my noble friend that would improve the situation. I beg leave to withdraw the amendment.

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[Baroness Barran (Con)]

My Lords, I thank the noble Lord, Lord Watson, for highlighting the importance of spoken language and communication in his Amendments 171J and 171K. I pay tribute to him for his work in advocating for the importance of oracy, and I thank the APPG for its work. I mentioned to the noble Lord the other day that, certainly in the schools I visit, oracy is often mentioned as an absolutely key skill and tool in a child’s development and the way in which they approach and understand the world. However, I take the point of the noble Lord, Lord Storey, that it is about not anecdotes but a systematic approach.

Children’s spoken language levels are assessed during their time at school, including as part of the early years foundation stage profile, which happens as children leave reception year and again in GCSE English language. Last year, the Government published non-statutory guidance aimed at improving the teaching of the foundations of reading in primary schools, including guidance on developing spoken language. As the noble Lord mentioned, Ofsted recently published its English research review, which contains guidance on the importance of high-quality spoken language. However, it is hard to envisage how the Government would report on the overall level of pupils’ spoken language and communication without a new statutory national assessment. After a period of disruption in education due to the pandemic, new assessments monitored by the Government would place pressure on teachers and school leaders.

On the specific matter of Ofsted inspection, raised in Amendment 171K, Ofsted’s methodology is designed to ensure a holistic assessment of the quality of education provided. Inspectors undertake deep-dive explorations of a sample of curriculum subjects in each inspection to help build an understanding of the school’s curriculum. When English language is included, inspectors will expect to see pupils developing effective spoken language and communication skills as part of a strong English curriculum. All inspectors are trained in how to evaluate children’s language development, which includes their spoken English skills. The Government do not wish to limit a school’s inspection outcome based on one specific factor—although we absolutely understand the spirit of the noble Lord’s amendment—but, of course, the job of an inspector is to weigh up a range of evidence to reach a balanced assessment.

Finally, Ofsted is planning a subject report on English, which will include specific consideration of the quality of spoken language education in English schools. I hope that that addresses some of the concerns behind the noble Lord’s amendments. This will report next year.

I move to Amendment 171L, in the name of the noble Baroness, Lady Chapman. Getting students back in face-to-face education has obviously been one of the Government’s top priorities. Since June 2020, we have committed nearly £5 billion to fund a recovery package prioritising the most disadvantaged and those with the least time left in education. I note the noble Baroness’s emphasis on early years but I know that she will also acknowledge the pressures on children who have little time left at school and have missed a big chunk of their education. Our investment will provide 500,000 training opportunities for early years practitioners and teachers and up to 100 million tutoring hours for five to 19 year-olds by 2024.

We are great believers in the added value that undergraduates and graduates can offer to schools. We have spoken to universities about how their undergraduates may become National Tutoring Programme tutors, and we welcome other programmes that enable undergraduates and graduates to work in schools. The Government are providing an additional £1 billion to extend the recovery premium over the next two academic years to support the most disadvantaged pupils. If I followed her correctly, the noble Baroness focused particularly on the importance of the recovery premium and the pupil premium more broadly.

Primary schools will continue to benefit from an additional £145 per eligible pupil, and secondary schools will receive £276 per eligible pupil. For special schools and alternative provision, there will be an additional £290 at primary level and £552 at secondary. The noble Baroness makes very sound points regarding the importance of early years; the Government understand those points and have focused, particularly through our family hubs, to ensure that support is there for the youngest children and their families. We also stress the point that older children have little time left, hence the choices we have made, as we have almost doubled the secondary rate—also to reflect the greater learning loss that has been seen in secondary pupils. We are always reviewing and assessing our approach to targeting funding towards deprivation. That includes not only the pupil premium funding but the national funding formula. We are allocating £6.7 billion this financial year through the national funding formula towards additional needs, which includes deprivation. This is one-sixth of all our available funding.

Many of our recovery programmes can be used to tackle problems with attendance and behaviour, deliver social and emotional support and provide enrichment elements, in relation to both physical and mental health and well-being. The Committee will be aware that we published the national plan for music education on 25 June, together with the Department for Department for Digital, Culture, Media and Sport, which sets out our vision to enable all children and young people to learn to sing, play an instrument, create music together and have the opportunity to progress their musical interests and talents.

We are also supporting free breakfast provision by investing up to £24 million for 2021 to 2023, supporting up to 2,500 schools in the most disadvantaged areas. We are also considering ways to collect further data on the provision of breakfasts in schools; we are aware of a number of organisations that do great work in this area.

I now turn to Amendments 171N, 171O, 171P and 171Q in the name of the noble Baroness, Lady Whitaker. Of course, all types of bullying are unacceptable and schools play a vital role in preventing and tackling bullying. We believe that the basis for addressing bullying starts with a strong culture regarding behaviour in schools to support pupils, prevent all forms of bullying and ensure that there is a calm environment in each school to do well. All schools are required by law to have a behaviour policy that aims not only to encourage good behaviour but to prevent bullying among pupils. Schools are also required to have regard to the Keeping Children Safe in Education guidance, which will be relevant where there is a safeguarding risk to a child.

The Government are providing over £2 million of funding between 2021 and 2023 to anti-bullying organisations targeting the bullying of children and young people with protected characteristics. Part of our funding has gone to resources specifically on the bullying of Gypsy, Roma and Traveller children, such as an e-learning course on that subject that is now available to all schools in England.

Our Preventing and Tackling Bullying guidance sets out that schools should develop a consistent approach to monitoring bullying and evaluating their approaches. Schools are accountable to Ofsted, which will look at how effectively they prevent or deal with bullying incidents, including whether they have recorded incidents of bullying. We know, anecdotally, that formal reporting of incidents can act as a disincentive to record, which is why we worked with Ofsted to make its position on recording bullying very clear in guidance. The Government will continue to support the current school-level approach to recording, supporting schools to meet their duties to take action to tackle bullying.

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[Lord Watson of Invergowrie (Lab)]

My Lords, I thank all noble Lords who have spoken in this group. Before I come specifically to the two amendments in my name and that of my noble friend Lady Blower I would just like to say, on the amendments in the names of my noble friend Lady Whitaker and the noble Baroness, Lady Brinton, that bullying is one of those issues that if you do not measure it, you cannot improve it. The Minister has just said that Ofsted has issued guidance on schools recording bullying. That is all right for those schools which are doing that, but the point is that it is guidance. What about those instances where it is not recorded, for whatever reason—the school may wish to protect its reputation or whatever?

The noble Baroness talked about local authorities having a register. I think it is important to go beyond the individual school. We are moving away from a situation in this Bill where we thought academies were a law unto themselves; we are now finding that perhaps that is not the case after all. I think it is important to broaden that.

I will give some examples of bullying. Noble Lords have highlighted issues, and I would like to mention some more. One is that it is not just those you might think are obvious targets for bullying. Children who are adopted often suffer very badly from being bullied, if the fact that they are adopted becomes known. Noble Lords may remember that, following the MacAlister report on the children’s social care review, a day of action was organised here on Wednesday last week by a number of children’s charities. They brought along a lot of children in care and, in speaking to them, I was very disappointed to hear some of them say that they are stigmatised in school because they are in care. They said that some teachers will ask, “What do your mum and dad think of this?” Of course, a child in care can find that most distressing. That is not bullying—I am not suggesting that teachers bully—but it allows it to emerge, and children can then be subject to bullying by their peers. It takes so many forms and it has to be more carefully recorded, and schools held to account if they are not acting appropriately.

On Amendments 171J and 171K, I acknowledge the point made by the noble Lord, Lord Addington, about young people with dyslexia and dyspraxia. I should at least have referred to the fact that the amendment was as broad as possible and covered all children who, for whatever reason, need assistance with developing their speech and communication skills.

I hear what the Minister said about the guidance that is available. Again, the point is the same as with bullying: it is guidance. For those schools that abide by it, fine; but those that do not are the problem, and these are the areas where it has to be strengthened. That is why I think that a statutory position is necessary.

The Minister contradicted herself, because she said at one point, “We cannot really have statutory assessment at this stage”, in relation to the need to check on spoken and communication skills because, post-pandemic, that would put undue stress on teachers and school staff. That is basically saying, “It is a good idea, but this is not the time to do it”. If we say that, that means that the older children—the ones who will have moved on in three or four years, or however long it takes for us to be in a proper post-pandemic situation—have not benefited. Then the Minister said, in relation to my noble friend Lady Chapman’s amendment, that we need to concentrate funding now because the older pupils will have moved on by the time the funding reaches them. I understand her point about needing to make sure that older pupils get that consideration, but you cannot on the one hand say, “We cannot do it now” for one reason, but then say that older pupils have to get that consideration now in terms of the funding. I do not think it is an either/or situation.

[Baroness Barran (Con)]

I apologise if I was not clear. What I was saying was that to introduce an additional assessment early on would put greater resource strain on the system. What I was saying in relation to investment in older children was not about assessment; it was just making sure that we prioritise them for greater funding because they have less time left in school, so we want to give them as much support as possible.

[Lord Watson of Invergowrie (Lab)]

I thank the Minister for that clarification. I accept what she says about the differences as well, but I was drawing attention to the fact that older children, by definition, do not have much longer in school, so we need to ensure that they get every support that we can give them, either financial or through encouragement to improve their speaking skills. I also note what the Minister says about the current situation, so I invite her to bring forward an amendment on Report which might have a time-limited introduction of the sort of resources necessary for the suggestion I made in Amendment 171J.

I hope I have covered the points. I am not suggesting that the Minister is not taking these issues seriously—I know her well enough to know that she is and does—but there has to be some kind of step change, because the views and surveys I referred to earlier have pointed out that, however well meant things are, there are too many children who are not getting the assistance they need to make sure they have the skills that we discussed for many hours on the skills Bill not so long ago. To bring young people on to the jobs market, they need these skills—that is the key. There is no point in having a bit of paper that says “So-and-so has passed this qualification” if he or she is not really able to make the most of it by articulating in a way that helps them to do that job effectively. With those remarks, I beg leave to withdraw the amendment.