Schools Bill [HL]
Baroness Barran ExcerptsTuesday 12th July 2022
(2 years, 4 months ago)
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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.
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.
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.
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.
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.
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.
Baroness Barran
Member's explanatory statement
This amendment is consequential on the removal of clause 1.
Baroness Barran
Member's explanatory statement
This amendment would leave out Schedule 1, which contains amendments relating to the application of education legislation to Academies.
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.
Baroness Barran
Member’s explanatory statement
This amendment, which would leave out Schedule 2 (interim trustees), is consequential on the removal of clause 7.
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.
Baroness Barran
(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.
Baroness Barran
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).
Baroness Barran
“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.)
“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.
Baroness Barran
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.
Baroness Barran
Member’s explanatory statement
This amendment is consequential on the removal of clauses 1, 3 and 5.
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.
Baroness Barran
“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 ExcerptsTuesday 12th July 2022
(2 years, 4 months ago)
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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.
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(2 years, 4 months ago)
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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(2 years, 4 months ago)
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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?
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?
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(2 years, 4 months ago)
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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.
Schools Bill [HL]
Baroness Barran ExcerptsMonday 27th June 2022
(2 years, 4 months ago)
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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.
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.
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.
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.
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.
Disabled Children: Support Services
Baroness Barran Excerpts(2 years, 5 months ago)
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Lord Touhig
To ask Her Majesty’s Government what assessment they have made of the barriers preventing families with disabled children from adequately receiving support services.
The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)
My Lords, we recognise the challenges that families of disabled children face in getting the right support. In the past three months we have published the special educational needs and disabilities and alternative provision Green Paper, and the independent review of children’s social care published its final report. We will publish proposals to improve support for young people with disabilities and their families. Investments in family hubs and local health join-up will all improve support services for families of disabled children.
Lord Touhig (Lab)
My Lords, many of the ambitions in the SEND Green Paper are welcome and offer real hope to those of us who want reform. However, the proposal to allow parents of disabled children to pick a school only from a pre-defined list, rather than allowing them to specify one that meets their child’s needs, is plain wrong. I know many carers who have had to fight tooth and nail to get the right school for their child and this change will make it harder. I will ask the Minister one specific question: have the Government made an assessment of whether this policy, if adopted, could create even more barriers for families with disabled children than exist already?
Baroness Barran (Con)
I understand the spirit in which the noble Lord asked this Question. It is an extremely important one that families with disabled children all around the country are asking. He also hinted at the very confrontational system that we have at the moment. The point of our consultation is to understand and listen to families with disabled children. We have a big hill to climb to build trust and confidence with our families but we are absolutely committed to doing that.
Lord Holmes of Richmond (Con)
My Lords, by key stage 2, at the age of only 11, only 22% of children with special educational needs or disabilities achieve the requisite levels of literacy and numeracy. What is the Government’s plan to address this iniquitous situation and close the SEN and disability attainment gap?
Baroness Barran (Con)
My noble friend rightly points to the gap in outcomes for children with special educational needs and disabilities. He will be aware of the proposals we set out in the schools White Paper, with the aim that 90% of children should leave primary school with the required standard in reading, writing and maths. That can happen only if children with special educational needs see much better outcomes. That is behind the commitment that we set out in the Green Paper, but also the financial commitments we have made in terms of capital and revenue for those children.
Lord Addington (LD)
Does the Minister agree—I think she has—that the current system is overly legally confrontational and has primarily benefited lawyers? Having said that, what is the Minister going to do to make sure that those with low frequency problems or high needs—by definition there are few places that can support them—can travel in the new regime or have their needs met by people coming to them? That is a real problem for a very few and one that the Government must deal with if they are to get this right.
Baroness Barran (Con)
I absolutely agree that the system is overly confrontational. I cannot comment on the benefits to lawyers, being surrounded by so many of them. Parents tell us that it is overly confrontational. The noble Lord makes a good point. It will be important, and I invite the noble Lord to hold us to account on how we address those issues when we report back on the Green Paper.
Baroness Uddin (Non-Afl)
Short and long-term care services are broken according to organisations led by the Disabled Children’s Partnership, which is reporting families suffering a litany of physical and mental health issues as a result of the adversarial system we have talked about. Can the Minister assure the House that parents will not be forced to supplement health authorities and local authorities with funding of the advocacy services during the SEND process?
Baroness Barran (Con)
I am not able to reassure the noble Baroness at the Dispatch Box because her question covers such a multitude of different potential situations, but the spirit of our reforms is that we have heard loud and clear from parents about the stress and pressure that this causes them, sometimes including financial pressure, and we are absolutely committed to addressing it.
Lord Alton of Liverpool (CB)
The Minister will be aware that in April the Down Syndrome Bill, promoted in another place by the right honourable Dr Liam Fox MP and promoted here by my noble friend Lady Hollins, completed all its stages. What progress is being made on implementing the terms of that legislation, and will there be an opportunity for the House to be properly advised about that progress?
Baroness Barran (Con)
I will have to write to the noble Lord setting that out, together with my colleagues in the Department of Health and Social Care.
Lord Lucas (Con)
My Lords, I congratulate my noble friend on the respite innovation fund, which is an excellent example of the right way of tackling the challenges faced by families with disabilities. Can she reassure me that it will be evaluated to high standards, that families will not be allowed on to the scheme unless they understand that evaluation is an important part of it, and that a comprehensive survey will be conducted by a reputable organisation at the beginning, at the end of the intervention and six months later, so that we can learn from this and build on it?
Baroness Barran (Con)
As my noble friend knows, my right honourable friend is a great fan of data and transparency. We have commissioned an independent process and an early outcome evaluation of the first year of delivery to assess the impact of the scheme. It will obviously seek the views of parents and children who are in receipt of the support, as well as those of local authorities and other delivery partners. The evaluation will assess the feasibility of conducting a robust impact assessment of the type my noble friend outlined, for years two and three of delivery.
Lord Watson of Invergowrie (Lab)
My Lords, I must press the Minister in respect of the answer she gave to my noble friend Lady Uddin a few moments ago. Surveys by the Disabled Children’s Partnership found that three-quarters of parent carers had suffered a deterioration in mental health due to the fight they were required to undertake to get the right services for their children. In the light of that, can the Minister say how the Government intend to use the SEND Green Paper to reduce the burden of admin and advocacy that currently rests on the shoulders of parents with disabled children?
Baroness Barran (Con)
I think I mentioned our starting point in response to the original Question asked by the noble Lord, Lord Touhig, which is that part of our challenge is building up trust with parents who have children with a disability. We believe that by having much clearer bandings around provision, so that we reduce some of the regional inconsistencies in the system, and by requiring mediation as part of this, we will reduce confrontation. That is absolutely our intention, but we do not have a closed mind on this. We have held more than 153 consultation events and they are growing all the time. We are very keen to hear from parents on what they think will work.
Baroness Bull (CB)
My Lords, the Disabled Children’s Partnership, to which many noble Lords have referred, points out that the Green Paper does not answer what may be the biggest question for many families: how will councils, schools, the health service and others be held to account if they do not meet their legal duties to provide appropriate support for disabled children and their families?
Baroness Barran (Con)
The noble Baroness is right, and she will be aware that just over 50% of councils inspected by Ofsted got written statements of action, which means they have significant weaknesses in their arrangements for children with special educational needs and disabilities. Obviously, we are planning to improve the system, but we are also planning to improve accountability through new inclusion dashboards for 0 to 25 year-old provision. We hope that that will give us a timely picture of performance that can be used to create a self-improving system.
Baroness Chapman of Darlington (Lab)
My Lords, the Government’s national strategy for disabled people was described by them as a strategy to remove barriers and increase participation, but it was judged to be unlawful by the High Court earlier this year because of the dire state of the consultation. Does the Minister agree that overcoming barriers to access is best achieved alongside disabled people, with their full involvement? What is she going to do to make sure we never get into that situation again?
Baroness Barran (Con)
Many disabled people’s groups welcomed the strategy at the time, and we are deeply disappointed and strongly disagree with the finding of the court. The Secretary of State concerned has sought permission to appeal the High Court’s decision. In relation to the Department for Education, the actions that we had in the national strategy are not impacted by the High Court’s decision and we are continuing at pace with all of them.
Social Care: Children
Baroness Barran Excerpts(2 years, 5 months ago)
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The Lord Bishop of Derby
To ask Her Majesty’s Government what assessment they have made of the Independent Review of Children’s Social Care, published on 23 May; and what plans they have to make experience of being in care a protected characteristic under the Equality Act 2010.
The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)
My Lords, we are grateful to Josh MacAlister for his important work, which matches our ambition for vulnerable children and their families. We will consider the recommendations in the Independent Review of Children’s Social Care, including the recommendation to make experience of being in care a protected characteristic. The Government will publish the detailed and ambitious implementation strategy later this year.
The Lord Bishop of Derby
I thank the noble Baroness for her Answer. Today, 100 young people in the care system met Members of your Lordships’ House and the other place to express their views on how the care system can be improved, and I know that, like me, she had the privilege of meeting and talking with some of them. Can she say more about how young people will be directly included in the national implementation board of this care review?
Baroness Barran (Con)
I did indeed by chance meet a group of young people wearing badges reading “Our care”, so the opportunity was irresistible in view of the right reverend Prelate’s Question. We are building on the work that Josh MacAlister did. He had an advisory board made up of people with experience of the care system, and we are continuing with that approach for our implementation board.
Baroness Walmsley (LD)
The report recommends technology to achieve frictionless sharing of information, and a national data and technology task force. Is this the body that would decide on the unique identifying number for which the children’s workforce has been calling, to avoid children disappearing through the cracks between services?
Baroness Barran (Con)
The noble Baroness will be aware that the Government committed in the Health and Social Care Act to develop a unique identifier, and that work is continuing. I believe it is separate to her reference.
Lord Touhig (Lab)
My Lords, the SEND Green Paper said very little about social care, and the independent review the right reverend Prelate spoke about defers responsibility back to the same Green Paper. This has caused groups such as the Disabled Children’s Partnership to raise concern that reform of funding for disabled children’s social care will not be addressed. Will the Government ensure that this does not happen and that problems in disabled children’s social care will be resolved?
Baroness Barran (Con)
I am very concerned if the perception is as the noble Lord describes. I encourage those involved with particular expertise in that area to contribute to the consultation on the Green Paper, which is open until 22 July. Our ambition is clear: that we address the problems in the system comprehensively.
Baroness Butler-Sloss (CB)
My Lords, I wonder if the Minister has taken on board—I am sure she has—a recommendation from the report that more senior social workers should carry on having case loads. My experience as a family judge was that senior social workers were completely divorced from the sorts of cases that were actually coming before the courts. I would be grateful to know if the Government will take that forward.
Baroness Barran (Con)
The Government are considering all 80 recommendations in the report, of which this is an important one. We have identified the five priority recommendations, but the implementation board will report back on all our actions by the end of the year.
Lord McColl of Dulwich (Con)
My Lords, I welcome the focus that the review has placed on supported lodgings. However, work still needs to be done to enable supported lodgings to become a fully recognised provision. Will the Government commit to meeting Home for Good, a charity that has recently set up a supported lodgings network, to provide a definition and guidance on this provision?
Baroness Barran (Con)
My noble friend raises an important issue. Indeed, one of the young women to whom I was speaking just before this Question talked about exactly the point that he raises. I would be delighted to meet the organisation that he mentioned.
Baroness Tyler of Enfield (LD)
My Lords, I too had the privilege of meeting some of those young people a little earlier, which included hearing a rather harrowing story of two brothers who had been brought up in foster care. The review recommends more support, both practical and financial, for kinship carers, which include grandparents, aunts, uncles and others who care for family members. Is the Minister able to say what is going to happen to that recommendation and whether the Government are planning to take it forward?
Baroness Barran (Con)
The Government recognise the incredible role that kinship carers play in the system. It would be premature for me to judge what the Government will decide, but obviously it is being considered carefully along with the other recommendations.
Lord Patel (CB)
My Lords, in the question from the noble Baroness, Lady Walmsley, the Minister suggested that there would be two national children’s identification numbers. Is that correct? Can that be right?
Baroness Barran (Con)
I apologise to the House if that is the impression that I gave. I am happy to write to set out the Government’s position in detail.
Baroness Chapman of Darlington (Lab)
My Lords, the report recommends that schools are made a statutory safeguarding partner in the care system, to represent the voice of education in partnership arrangements. Will the Government take advantage of the opportunity that the Schools Bill presents? I recommend the amendment tabled in my name to that end. which would formalise the role that our schools already play, to give them the recognition and voice that they need to do that job effectively.
Baroness Barran (Con)
I look forward to debating the noble Baroness’s amendment in detail. We know that schools already play an incredibly important part in safeguarding children and represent an important source of information about whether or not a child is safe. However, I cannot prejudge the final decisions.
Baroness Walmsley (LD)
My Lords, since there is time, I will ask another question. The review calls for a reformed children’s social care system to be based on children’s rights, putting children’s voices at the centre of decisions. What framework will the Government use for this approach? Will they consider using the existing UN Convention on the Rights of the Child?
Baroness Barran (Con)
A decision has not been taken on that, but the noble Baroness exposes an important issue. For a long time, the voice of the child and the welfare of the child being paramount has been a concept that we are all extremely familiar with, but we must ensure that it happens in practice as well as in legislation.
Schools Bill [HL]
Baroness Barran ExcerptsWednesday 22nd June 2022
(2 years, 5 months ago)
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The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)
My Lords, I thank you all for your thoughtful contributions. I start by saying that I could not agree more with my noble friend Lord Lucas. I had the pleasure of talking to a number of home educators from Gloucestershire yesterday and to the local authority, thanks to an introduction from my honourable friend Siobhan Baillie. Clearly, the relationships between the two were extremely strong and good, as my noble friend pointed out.
I will start my remarks with Amendments 112A and 137C, tabled by my noble friend Lord Lucas, and Amendment 171X from my noble friend Lord Wei. The issues of appeal are extremely important. I will summarise the current routes for your Lordships, but also make some commitments to the Committee about how we can make sure that the concerns that have been aired this afternoon, and by home educators I have spoken to, can be addressed.
Lord Addington (LD)
Before the noble Baroness finishes that point, if somebody has special educational needs—we had an example from my noble friend Lord Storey—and they are still interacting with the education system to an extent, would they still get that support despite the fact they are home educated? I appreciate that it is a difficult interchange—I probably did not declare my interests properly before—but could we get an example? The primary problem with this is the fact that home educators are a very broad church.
Baroness Barran (Con)
So, as the noble Lord knows extremely well, is the spectrum of educational needs. I know that one is not allowed to have props in the Chamber, but I commend to the noble Lord the flowchart at the back of the policy notes on this part of the Bill. It sets out the process, including where a child has special educational needs. I think it is easier to follow than me trying to explain at the Dispatch Box.
Turning to Amendment 130A from my noble friend Lord Lucas, individuals already have the right to ask local authorities for copies of their personal information and inquire how they are using it by submitting a subject access request. A parent can demand that inaccurate information is corrected, and if the local authority fails to do so, the parent can complain to the Information Commissioner, who has significant enforcement powers.
Turning to Amendment 134A, I repeat that it is not possible for fines or penalty notices to be given to parents for failing to provide information for the registers and the Bill does not provide for that, but if parents fail to demonstrate that their child is receiving a suitable education, it is right that the local authority begin the process of issuing a school attendance order. If the parent is unable to evidence that the education they are providing is suitable, the process will lead to an order being issued. If the parent then breaches the order, they may be fined by the magistrates’ court. On collecting and publishing data on this, the Bill already provides flexibility to require this through regulations.
I now turn to Amendments 136ZA, 136B, 136C, 137B, 138ZA, 138A, 139 and 140, from my noble friend Lord Lucas, the noble Baroness, Lady Garden, and the noble Lord, Lord Shipley. My department’s guidance for local authorities highlights that the authority should initially attempt to resolve doubts through informal inquiries.
The noble Lord raised the point of expediency, and I am grateful, because I absolutely understand why, and why it sounds anything other than what one might expect. The current test for issuing a school attendance order is that the child is not receiving a suitable education, in the opinion of the local authority and, as the noble Lord said, that it would be expedient for the child to attend school. That is the test contained in the existing Section 437 of the Education Act 1996, and new Section 436J mirrors that test, so this will keep the test for issuing a school attendance order the same in both England and Wales. I again point the noble Lord to my favourite flowchart, from which he will see that, prior to issuing a school attendance order, there needs to be a preliminary notice, which is covered at new Section 436I(3)(c), where it says that one of the conditions for issuing a preliminary notice is:
“the child is not receiving suitable education, either by regular attendance at school or otherwise”.
I absolutely understand his question, but I hope I have reassured him and the House that, while it may appear to be one thing, it is covered absolutely properly in the legislation dating from the 1996 Act. The current law, supported by guidance, requires that local authorities take all relevant factors into account when considering whether it is expedient for a child to attend school, and that includes where the child has expressed an opinion about attending school—the voice of the child was something that a number of your Lordships raised.
Local authorities should have the in-house expertise to make these decisions, but if they do not, they can and should consult a suitably qualified external expert. We will make this clear in our guidance. It is crucial that the time a child is in receipt of unsuitable education is minimised, and therefore it is right that local authorities move to initiate formal school attendance order procedures as soon as possible where home education appears unsuitable. The noble Lord, Lord Storey, rightly mentioned the work of many charities; we may be thinking about the same ones. If he goes back to the schools White Paper, he will see that our approach on attendance is: support first, support second, support third, with enforcement very much down the line. We are working with a number of charities which are leaders in this field.
Amendment 143B from my noble friend Lord Lucas is unnecessary, because if local authorities were to refuse to revoke a school attendance order on an unreasonable basis, that refusal would in itself be unlawful.
My noble friend’s Amendment 143F would mean that if a parent was found guilty of breaching a school attendance order and continued to breach it, the local authority could take no further action to enforce it: it would have to restart the process and make a new order. That would obviously be a waste of public resources, but, more significantly, would add to an already lengthy timeframe in which a child may be in receipt of an unsuitable education. I should be very happy to follow up with my noble friend on the specific example he gave, where that home education may have changed, to check that we have that very reasonable point covered.
Finally, I speak to Amendment 143I, also tabled by my noble friend and the noble Baroness, Lady Whitaker. A breach of a school attendance order is currently punishable by a fine of up to £1,000, compared to a maximum fine of £2,500, or up to three months’ imprisonment, for the offence of knowingly failing to cause a child to attend the school at which they are registered. This means that there is currently an incentive for some parents to remove their child from school under the guise of home education rather than incur the greater penalty associated with non-attendance. By aligning the penalties, we can increase the deterrent and help ensure that as many children as possible are in receipt of a suitable education.
The noble Baronesses, Lady Whitaker and Lady Brinton, asked about the change in custodial sentence. Wider criminal justice legislation, which has not yet come into force, will raise sentences in magistrates’ courts from three months to 51 weeks. New Section 436Q is simply in line with that wider change, and until it comes into force, the maximum sentence under new Section 436Q will remain at three months, as set out in subsection (9). The noble Baroness, Lady Brinton, also raised the issue of publication of individual data, and I am happy to repeat that we are taking that away to consider it.
I hope that I have answered the bulk of the points raised in this group and I ask my noble friend to withdraw his Amendment 112A—
Lord Wei (Con)
I think that my amendment might have been missed out. I would be grateful if my noble friend the Minister had any thoughts on Amendment 171X and the idea of an ombudsman with the expertise to adjudicate and mediate to prevent any expensive court cases that might otherwise occur.
Baroness Barran (Con)
I apologise. I referred to my noble friend’s amendment right at the beginning of my remarks and reflected that we will consider what options there are to make sure that there is a system that feels fair to parents and in which parents have trust and confidence. With that, I ask my noble friend Lord Lucas to withdraw his Amendment 112A and hope that other noble Lords will not move theirs.
Lord Lucas (Con)
My Lords, I am very grateful to my noble friend for those replies. I shall read them in Hansard and return to her if I have any points of detail to make. I very much agree with my noble friend Lord Wei that we need an appeal system that feels fair and builds trust. There are different ways of doing it. It clearly should not be by internal local authority appeals, the Local Government Ombudsmen have not proved helpful in elective home education cases to date and the Secretary of State system is a bit on the impenetrable side, so I very much hope this is an area where we will make improvements.
My noble friend’s remarks put a lot of weight on the forthcoming guidance. If at any stage a draft of that can be shared, I would be most grateful to have a look at it. It would shortcut a lot of debate if we had a clear feeling of where the Government are heading.
Baroness Barran (Con)
I hope my noble friend picked up the point, but if not, I will repeat it: we plan to develop the guidance in co-operation with home-educating parents and local authorities. I am sure that, when a draft is ready, we would be happy to share it with other Members of the House.
Baroness Chapman of Darlington (Lab)
I do not want to repeat much of the good stuff that has been said, but I shall just mention our Amendment 128, which amends Clause 48 on sharing data between local authorities when a child moves. We are just pointing out that we must have regard to child protection and the safety of their parents when this is done. We are concerned that, where there are circumstances in which a parent is moving as a consequence of domestic violence or is a victim of or witness to crime, that they are protected. To be absolutely clear, we want to make sure that information can be shared, and that it can be shared safely and quickly.
On Amendment 129, about the support provided by local authorities to children with special needs or disabilities, we are very interested in supporting this. We take the points raised on time limits and school days and would be sympathetic to any reasonable amendments along these lines at Report.
Baroness Barran (Con)
My Lords, I turn to the second group of amendments, starting with Amendment 128A, in the name of my noble friend Lord Lucas. I would remind the House that the law is already clear that parents have a right to educate their children at home. The Government continue to support this where it is done in the best interests of the child. Our guidance on home education for local authorities is clear that elective home education, of itself, is not an inherent safeguarding risk, and local authorities should not treat it as such. We are also aware that there are a number of reasons why parents may choose elective home education. Sometimes, as your Lordships have already raised this afternoon, this may not be their choice, for example due to off-rolling, which is why we believe it would be valuable to require the recording of reasons for home education, so we can identify some of the wider system issues which my noble friend rightly points to in his amendment.
On Amendment 128, from the noble Baroness, Lady Chapman, the information held in registers will of course be protected under UK GDPR, like any other data, and the Bill only enables data to be shared with prescribed partners where the local authority feels that it is appropriate and proportionate to promote the education, safety and welfare of children. I am very familiar with the issues that she raises in relation to domestic abuse and just how devious some people can be in trying to track down a former partner, which is why that proportionality of risk is so important.
I would like to thank again my noble friend Lord Lucas, the right reverend Prelate the Bishop of St. Albans and the noble Baroness, Lady Garden of Frognal, for Amendments 114A through to 119. We believe that the timeframe of 15 days in which parents or out-of-school providers must provide information for a local authority register strikes the right balance between minimising the amount of time a child would spend in potentially unsuitable education and allowing sufficient time to send the required information. In addition, defining the period in terms of “school days” would, we believe, be an inappropriate and impractical measurement for home-educated children who, as we heard in the debate, by definition do not necessarily follow a school calendar. But I think the issue with the timings and those proposed by my noble friend in later amendments on the school attendance order process is that, if you take them all together, it would more than double the length of time that a child would be without suitable education. It would take the total number of days to 120, instead of 51 on the Government’s proposed process. I think that is the way I would ask your Lordships to think about it. Each individual step may look tight to some of your Lordships, and to some home educators and proprietors of education institutions, but when we look at it in the round, the fact that a child could be in unsuitable education for 120 days, versus 51, is the point I would ask your Lordships to reflect on.
The noble Baroness, Lady Garden of Frognal, proposed Amendment 126. The monetary penalty for failing to provide information, contained in the new Section 436E, only applies to persons who provide out-of-school education to children without their parents being present. Parents who fail in their duty to provide information, or who provide false information, for the register would not be subject to any financial penalty. Rather, as I mentioned earlier, the local authority will be required then to initiate the process of finding out whether a child is receiving suitable education. That is obviously the central point of their inquiry. If they find that a child is not receiving this, then it could lead to a school attendance order. And if that attendance order is not complied with, it could eventually result in a fine being imposed, but only if the parent convinces neither the local authority nor the magistrates’ court that their child is being suitably educated.
Lord Addington (LD)
That was fairly helpful, but we are now overly dependent on the plans; I do not think there is any doubt about that. The Government are effectively saying that an identified need which is either not severe or has not yet gone through the process would still give some form of obligation, recognition and an entitlement to support in certain circumstances.
Baroness Barran (Con)
Under the changes proposed in the Bill—if I understood the noble Lord correctly.
I turn to Amendment 173 from my noble friend Lord Lucas. We would like the system of registration to be implemented as soon as possible to—I hope—reassure those parents who are doing a great job supporting their children at home. It will offer support to those parents who are struggling to provide education to their children at home, help safeguard those children who may be more vulnerable and not in school, and allow local authorities to better target their resources to those families who want or need support. We will take sufficient time prior to the registration system coming into force to ensure the registers work for everyone and that local authorities are clear on their support duty. Therefore, we do not feel it is helpful to set a strict implementation plan for the new support duty in the Bill.
The noble Lord, Lord Storey, raised Amendment 123. I hope he will be reassured that it is already a criminal offence knowingly to recruit someone to work in a regulated activity with children who has been barred from working with children.
The noble Baroness, Lady Garden, and my noble friend Lord Lucas brought forward Amendments 122C, 125 and 126A. A threshold set out in regulations will ensure that the duty to provide information targets only those providers that are used for a substantial proportion of a child’s education. I was not altogether surprised that the noble Lord, Lord Storey, raised the issue of unregulated alternative provision. I know we are going to be debating it in more detail in a subsequent group, so I hope I can save my remarks on that for later.
There is also a power in new Section 436E(6) to make regulations creating specific exemptions to the requirement for providers to provide information, which could be used to exclude certain settings from scope. We will continue to engage with stakeholders on this. However, where providers are eligible, the duty will be vital in aiding identification of eligible children and ensuring the registration system is effective in safeguarding them from harm and promoting their education.
My noble friend—I mean my noble friend Lord Lucas; I have so many noble friends—referred to the importance of adequate funding. We are still in the process of determining what the minimum expectation on local authorities should be in terms of their new support duty. To ensure that it is as effective as possible, it is right that we undertake the necessary consideration and assessment of need, including how this can be achieved and the costs involved. We will engage closely with stakeholders on this prior to the statutory guidance being issued and we have also committed to undertake a new burdens assessment to identify the level of funding that may be required to support local authorities so that they can discharge their duty effectively and well. Therefore, I ask my noble friend Lord Lucas—
Baroness Morris of Yardley (Lab)
I have a very quick question before the Minister sits down. She talked about making sure that people have the relevant safeguarding qualifications and going through the process. Whose responsibility is that? Does the parent of a home-educated child have a legal duty to do the checking or does that power and responsibility lie with someone else? If it was a school, it would be the school’s responsibility. I am not sure whose responsibility this is.
Baroness Barran (Con)
I do not know the answer to the noble Baroness’s specific question, but I will get an answer and respond to her.
In closing, I ask my noble friend Lord Lucas to withdraw Amendment 114A and other noble Lords not to move the amendments in their names.
Lord Lucas (Con)
My Lords, yet again, I am very grateful to my noble friend for her replies. I assume that the Government have all the powers they need to create this guidance that we are all placing so much reliance on. I hope my noble friend will tell me if that is not the case, but I assume that it is. I look forward to reading her replies in more detail in Hansard and picking up any issues I have with them in correspondence. For now, I beg leave to withdraw my amendment.
Baroness Wilcox of Newport (Lab)
My Lords, this is a technical question and compassion for parents who are often struggling to deal with vulnerable children must be factored in. These amendments are intended to simplify the immediate duty to one of registration, leaving it to the local authority then to inform the parents of the other requirements and increase the timescale to accommodate additional responsibilities on parents. School days are used to exempt parents from having to disrupt holidays to provide the required information. These all seem sensible alternatives to what is currently proposed by the Government. I conclude by asking the Minister what analysis lies behind the Government’s choice of a 15-day period in these proposals.
Baroness Barran (Con)
My Lords, again, I thank my noble friend Lord Lucas, the noble Baroness, Lady Garden of Frognal, and the right reverend Prelate the Bishop of St Albans, represented tonight by the right reverend Prelate the Bishop of Blackburn, for Amendments 120, 120A, 121, 122 and 122A. As debated with your Lordships earlier this evening, the relevant period has been set at 15 days to minimise the amount of time that children are potentially not in receipt of a suitable education and to allow local authorities to use their powers effectively. Therefore, extending this timeframe could reduce local authority visibility where, for example, a child might be missing education, and prevent them quickly redirecting their resource, where a child ceases to be eligible for registration, to those children and families still eligible. As I said in the earlier group, our approach to this has been to look at the total length of the process and consider the balance between the requirements placed on parents and providers with the rights of the child to access a suitable education as quickly as possible. As I said, the amendments would increase that from 51 days to 120 days, and I am sure all the former teachers in the Committee will be able to convert that into a term or more in a nanosecond. That is the reason we would resist these amendments.
Turning to Amendment 124 from the noble Baroness, Lady Garden, the response time for providers has been set to 15 days for similar reasons—so that local authorities can be sure that their registers are accurate and they are discharging their duties effectively to ensure that children are in receipt of a suitable education. By extending the timeframe, local authorities would not be able to identify where certain children are receiving their education or, at worst, if they are attending unsuitable settings such as illegal schools.
Finally, turning to Amendment 134: we consider extending the 14-day period unnecessary, as a person served with a warning notice is already able to extend their period to respond to 28 days if they provide notice that they will be making representations. Therefore, I would ask the noble Baroness, Lady Garden, to withdraw her Amendment 120 and other noble Lords not to move theirs.
Baroness Wilcox of Newport (Lab)
My Lords, the general thrust of these amendments is to make school attendance order conditions easier for parents by, for example, increasing the information handover period, compelling consideration of the child’s relevant medical conditions—looking at the child holistically.
An important factor that has not had enough mention is that of the impact of poverty on attendance. Poverty affects school attendance for a variety of reasons, and in the third decade of the 21st century some children are unable to attend school because their parents cannot afford fuel or travel costs, or they are more likely to be absent with sickness as their families cannot afford heating or hot water, or to provide a healthy diet.
For some children, not having the right uniform and missing breakfast are barriers to them setting foot in school. Children are having to take days off school due to unwashed, ill fitting or shabby clothes. This often leads to bullying, which is a huge concern when children are unable to dress like their peers and have poorer-quality clothing, shoes and school bags. I have seen and experienced these issues first-hand as a barrier to attendance, and teachers themselves often provide for children in these desperate circumstances. It cannot be right that in a society as wealthy as Britain, we still have children living like this. Poor attendance adds to the inequalities that they face.
We know that schools are often the first point of contact when dealing with such inequalities, so it is important that we have the correct resources and tools to deal with them. Our Amendment 144 ensures that schools’ attendance policies consider how to support staff who have been given new responsibilities for implementing the policies. This whole Bill will give hard-pressed teachers even more responsibilities, so we require recognition of that and to get them the support that they deserve in those areas.
Naturally, none of these measures will increase the resources for education, financial or physical. In the debate on Monday, I noted to your Lordships the paper-thin state of local government finances, and schools are finely balanced within that equation. Such an increase in monitoring and evaluation of attendance policies will be yet another job for an already hard-pressed member of the senior management team in a school. I have served in that capacity for decades; it is an extremely stressful occupation. This is one reason it is increasingly difficult to recruit heads and deputies in the secondary sector.
Our Amendment 146 will mandate the Secretary of State to produce a breakdown of those fined to allow assessment of disparities and compel them to consider the measures to address this. If we examine the data, attendance fines and fixed penalty notices are vastly skewed towards women, who are more often caregivers, and less affluent people, who are more often dealing with truant children. The Secretary of State should be forced to recognise this injustice and tackle it. I pose the question: where is the levelling-up agenda here?
I must stress that we do not disagree with this clause in principle. I set out earlier that we must ensure that the children at greatest risk attend school regularly, but I must press the Minister on what her department’s hard evidence is—whether behavioural science or otherwise—that fines will increase the information given or get more absent children into school. Children with poor attendance need support and staff need the resources to help them deal with it.
Baroness Barran (Con)
I thank my noble friend Lord Lucas, the noble Baronesses, Lady Wilcox, Lady Chapman, Lady Brinton, Lady Bennett and Lady Garden, and the noble Lord, Lord Knight, for their amendments in this group. I shall speak to Amendments 136 to 143, from the noble Baroness, Lady Garden, and Amendments 136A and 137A, tabled by my noble friend Lord Lucas. We have worked closely with a group of local authorities in developing the timeframes set out in the Bill. As we discussed in previous groups on school attendance order timeframes, we want to ensure that the school attendance order process is as efficient as possible, so that any child not receiving a suitable education is placed in adequate provision swiftly and can benefit from the full-time education to which they are entitled.
Amendment 143D, tabled by my noble friend Lord Lucas, would bypass the existing procedures under the Children and Families Act 2014 and associated secondary legislation for amending an education, health and care plan. Clause 49, as drafted, does not prevent a parent seeking to have the name of a school changed or removed from their child’s education, health and care plan, in line with the existing process and timescales set out in the Act. Following that process, a parent may apply for the school attendance order to be revoked as normal.
I thank my noble friend Lord Lucas and the noble Lord, Lord Knight of Weymouth, for their Amendments 140A, 143A and 143C. If local authorities were required to revoke orders simply on the grounds that a child has moved to a new area, the continuity of the child’s education and the local authority’s duties to safeguard children—and to satisfy itself that every child is receiving a suitable education—would be impeded.
When a child leaves the local authority area, including, as in the example given in Amendment 140A, to move to Wales, we expect both local authorities to work together to co-ordinate and facilitate the movement of children and parents subject to school attendance orders. We expect local authorities to facilitate this swiftly and efficiently, given the importance of ensuring that all children have access to suitable full-time education, in line with their common-law obligation to act within a reasonable timeframe. We will set out further details on this issue in future guidance.
On Amendment 143E, tabled by my noble friend Lord Lucas, I assure him that school attendance orders already apply only to children of compulsory school age. This is included under new Section 436J(4), introduced through this Bill.
On Amendments 143G and 143H, tabled by the noble Baroness, Lady Whitaker, and my noble friend Lord Lucas, Clause 50 as drafted already allows the court to use its discretion to rule that a school attendance order ceases to be in force in the event of an acquittal for breaching the order. This discretion is valuable, as there may be circumstances where there are clear reasons for the order to remain in force.
If the court finds that a parent has had their child registered at the school named in the order, they would find the parent not guilty of the offence, but there may be individual factors making it important for the child to continue attending that school and, therefore, for the order to remain in force; for example, if there had been a previous pattern of school attendance orders being required in respect of that child.
Amendment 143IA, tabled by my noble friend Lord Lucas and the noble Lord, Lord Knight, would create duties on Ofsted to oversee local authorities’ exercise of their functions in relation to electively home-educated children and school attendance in a way that encourages a positive relationship between the two. As your Lordships have heard me and my noble friend say several times this evening, that is absolutely our goal. Ofsted already covers both elective home education and children missing education as part of its children’s social care remit; local authorities are held to account in relation to those functions.
On school attendance, through recently published attendance guidance, which we intend to put on a statutory footing through the Bill, local authorities are expected to provide attendance support to pupils who face barriers to attendance prior to considering any legal intervention. As I said earlier, in response to the question asked by the noble Baroness, Lady Wilcox, it is “support, support and support” before there is any kind of enforcement. We understand that the reasons children may not be attending school are often very complex and support is almost always the right answer.
On Amendment 137D, tabled by the noble Baroness, Lady Brinton, local authorities are already required by law to take account of relevant factors when making decisions, including on preliminary notices. They should have the necessary in-house expertise to make these decisions but, as we have heard from the noble Baroness, that is not always the case. If local authorities do not have the expertise, they are able to consult an external expert. Parents are able to ask local authorities to take account of expert advice when making decisions, and the local authority must consider this external evidence and any other relevant considerations in line with public law.
Baroness Chapman of Darlington (Lab)
I do not want to detain the Committee either, but my ears also pricked up at the question of six months or 12 months. I was part of the Bill Committee when we agreed that magistrates should have the power to hand down sentences of up to a year. This is a slightly odd one; I do not think I have ever seen an offence drafted quite like this, especially given the journey that people would go on to be subject to these orders. I absolutely accept that, for a situation to get this point, the circumstances would be extremely unusual. If you need to send a parent to prison for a year for failing to get their child to school, there is a lot more going on. There will probably have been multiple interventions from social services and elsewhere before we ever got to that point. Whether the child would still be in the care of a parent who needed to go to prison for failing to get them to school is an interesting question.
It is usual, I should think, with an offence such as this, for a Minister to explain why a penalty of a year will have any more of a deterrent effect then a penalty of six months, eight months or three months. I know they would be available to a magistrate, but it is unusual to see it done in this way. I do not know whether that is because it is a Bill of the Department for Education, rather than the MoJ, which is perhaps more used to dealing with such clauses. It would be helpful if the Minister said a bit more about this.
I am content that these clauses should stand part of the Bill, but I am sensitive to the concerns of home educators, particularly those who are doing a good job. We do not want them to feel undermined or threatened in any way by this. We can stand here and say “Well, they shouldn’t; there’s no need for them to”, but the fact is that that is how they already feel, so we have a job of work to do to meet them where they are on this. At this point, it would be helpful if the Minister said what she can on that, but we do not want the clauses removed from the Bill.
The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)
I shall speak to Clauses 49, 50 and 51 and Schedule 4, which the noble Baroness, Lady Jones, opposes. She asked me to summarise the purpose of this part of the Bill. The overarching purpose is that we should feel confident that every child in this country is getting a suitable education, that we should offer support to those home-educating parents who feel they need it, and that we should address the very small number of children who are not in school or being suitably educated at home, and who are exposed to a range of risks which we have discussed tonight.
The other point behind the noble Baroness’s very fair question was to ask us about the spirit in which we approach this and how we are doing it. As the noble Baroness, Lady Chapman, said, it does not matter whether we tell parents to think a certain thing: if we feel it, we feel it. I hope that the Committee senses that we acknowledge that. I feel it is our responsibility to try to address those anxieties and put ourselves in the shoes of parents who are worried about the proposals. It is material, in our commitment to develop guidance for local authorities, that we will do that in partnership with local authorities and home-educating parents, so both voices are there. I hope very much that we will reach a good place with them, and that that recap responds to the noble Baroness’s question.
I am afraid that I will have to write to the noble Baronesses, Lady Brinton and Lady Chapman, regarding their questions. My understanding is that we are bringing the offence in this Bill in line with other similar offences, but both noble Baronesses have asked extremely good and detailed questions and I will respond to them in writing.
Clause 49 amends the school attendance order process in England to make an order a more effective measure for parents who are not providing their child with a suitable education, or who fail to demonstrate that they are doing so to local authorities. If a local authority knows that a suitable education is not being provided, or cannot deduce whether it is, it is important that this be acted on quickly to make sure that children get a suitable education as quickly as possible. For this reason, additional timeframes have been introduced and in some existing cases, as the Committee has debated tonight, shortened. We are trying to bring more consistency by aligning the process for and effect of orders for academy schools more closely with that for maintained schools.
Clause 50 similarly seeks to increase the efficiency of the process where a parent fails to comply with a school attendance order in England, and to support the child’s right to education and minimise the amount of time that a child misses education. Today, if a child is registered at a school but their parent keeps them at home without a valid reason, the parent commits an offence and can potentially receive a heavier penalty than if they simply withdraw the child from school completely without providing any education at all and ignore a school attendance order. Equalising the maximum penalties for those two situations removes this perverse incentive to take children out of school without providing suitable home education. These changes are only being made to the school attendance order process in England. Therefore, Clause 51 and Schedule 4 make consequential amendments to help separate the two processes in England and Wales and to ensure they are reflected in relevant legislation such as the Children Act 1989 and the Education Act 1996.
With that explanation, I ask the noble Baroness not to oppose Clause 49, the other clauses and Schedule 4.
Baroness Whitaker (Lab)
My Lords, although this amendment was scheduled to be in the last group, amendments have been moved around a bit. I am sorry I missed it.
The rationale of Amendment 143J is that attendance policies should respect protected characteristics—that is, those that are cardinal to a child’s identity and enjoin small, short absences such as for religious or other festivals or necessary travel by parents. I beg to move.
Baroness Barran (Con)
My Lords, the Government understand the importance of schools developing their attendance policies in a way that considers the characteristics of individual pupils, including those with protected characteristics that may mean they face greater barriers to attendance. The Equality Act 2010 protects pupils with certain characteristics, such as race, disability and religion, from discrimination in their educational setting. Schools have clear duties under the Act, and we expect them to develop all policies, including attendance policies, in line with those duties.
The department recently published attendance guidance, Working Together To Improve School Attendance, which we intend to put on a statutory footing through the Bill. In addition, through this guidance and their own Equality Act obligations, academy trust boards and governing bodies of maintained schools are expected to ensure that their schools have an attendance policy that considers their obligations under the Act.
As I believe the amendment to be unnecessary, I ask the noble Baroness to withdraw it.
Baroness Whitaker (Lab)
I am grateful for the Minister’s reassurance and beg leave to withdraw the amendment.
Lord Lexden
I want to give some background, if I may. At the general election of February 1974 the Labour manifesto declared:
“All forms of tax-relief and charitable status for public schools will be withdrawn.”
With some redrafting, “private schools” being substituted for “public schools” for example, this remained the Labour Party’s position during the rest of the 1970s and throughout the 1980s. At the 1992 election, the threat to charitable status disappeared, 30 years later to suddenly come back now, a weary ghost from the past.
What has happened during the last 30 years? Something significant has occurred: schools in the two sectors of education have moved ever closer together. The credit for this, of course, belongs to the schools themselves. They were drawn together by a recognition of the mutual benefits of partnership in so many different areas—in teaching, particularly in specialist subjects, music, drama and sport. Today this large programme of joint work is underpinned by a memorandum of understanding between the Independent Schools Council and the Government. Details are available on the council’s Schools Together website. Extensive though the programme is, there is more to be done. The best thing that everyone who has the interests of education at heart can do is to press independent and state schools to do more together. Noble Lords opposite should perhaps visit some independent schools to see what partnership work they are carrying out with state sector colleagues—that is the word they use, “colleagues”.
When I was at the Independent Schools Council, years ago, I found it quite difficult to interest the Conservative Party in any of this; Tony Blair’s Government was a different matter. Education Ministers, including Charles Clarke and David Miliband, came to the council’s offices for discussions. An official independent/state schools partnership scheme was set up to encourage progress, backed by modest funding from the Department for Education. In 2000, the then Schools Minister wrote that there had been “a huge cultural change”. In January 2001, she wrote: “There are no plans to legislate to remove charitable status from independent schools.” The same Minister got independent schools seats in the General Teaching Council and introduced special fast-track arrangements to help teachers in independent schools get QTS. She referred to them earlier in these debates. Always listen carefully to everything the noble Baroness, Lady Morris of Yardley, says in this House. I am sorry she is not in her place at the moment.
For years, independent schools have used the benefits of their charitable status, and more besides, to give help with fees. Back in 2001, I used to say that for every pound of benefit received, they provided £2.30 in help with fees. What would be the effect of overturning a law that has stood for over 400 years by confiscating the schools’ charitable status? Fees would rise, bursaries would fall, and schools would become more socially exclusive. I think the policy embodied in this amendment should go back to the Labour Party’s archives.
Baroness Barran (Con)
My Lords, that was a very interesting and wide-ranging debate on a number of important issues, which I will try and cover in my remarks. I turn first to Amendment 146A from my noble friend Lord Lucas, which would exempt settings that are classified as being a family from regulation under the Education and Skills Act 2008. I can assure my noble friend that the Government already, and will continue to, consider private arrangements where parents home educate their own children only as exempt.
Turning to Amendment 146B from the noble Lord, Lord Knight: we consulted in 2020 on defining full-time provision as being 18 or more hours per week. However, we concluded that this approach would encourage gaming of the system, allowing settings to opt out of regulation by operating just short of the threshold. We heard powerfully from the noble Lord, Lord Mendelsohn, and the noble Baroness, Lady Meacher, about how there are settings determined to do just that. So, guidance will be produced to help settings to understand where the registration requirements apply.
Amendments 147 and 149 from the noble Baroness, Lady Meacher, and the noble Lord, Lord Storey, seek to register part-time provision and other unregistered provision where local authorities place children. The noble Lord, Lord Berkeley, also highlighted some of the cultural sensitivities that arise in addressing some of these settings. Unregistered alternative provision, as the noble Lord knows, can provide a valuable hook back into learning for children who have complex needs or require bespoke packages. Its use, though, as the noble Lord knows extremely well, requires extremely careful planning and oversight. We absolutely agree on the need to act to address poor commissioning practice, and I know my officials would be very keen to meet with the noble Lord if he would be agreeable to discuss this further. As we set out in the recent special educational needs and alternative provision Green Paper, we are absolutely committed to strengthening protections for children in unregistered alternative provision, and we will be issuing a call for evidence before the summer on its use. I know the noble Lord will contribute to that.
I turn to the points raised by the noble Baroness, Lady Meacher. Regulating part-time settings would address the risk that currently unregistered full-time provision is split into separate settings. I know this is also a concern of the noble Lord, Lord Mendelsohn. However, most part-time provision does serve a legitimate purpose, and this risks interrupting the support and education that those settings provide, where it is provided legitimately. We believe that automatically applying the regulatory regime for independent schools to therapeutic and part-time settings would be inappropriate and likely to introduce unnecessary burdens. However, we will look at this again in the light of the call for evidence.
On Amendment 152 from the noble Baroness, Lady Meacher, Clause 63 introduces, as she described, new search powers. The powers as drafted aim to balance the need to enable Ofsted to search effectively with the safeguarding of civil liberties. This amendment would risk disrupting that balance. I know that the noble Baroness’s concern is that one would lose the element of surprise if inspectors went to an address and then had to go away and get a warrant, but requiring warrants before people’s homes are searched, particularly where consent is not given to enter the property, is a proportionate safeguard.
Baroness Meacher (CB)
This is not quite the right moment to do this, but I thank the Minister for allowing me to say a word. Has she been in touch with Ofsted and is she satisfied that it is reassured that it will be able to inspect these illegal schools—these, in my view, very high-risk schools? Is Ofsted content?
Baroness Barran (Con)
I am obviously cautious about speaking on behalf of Ofsted, but we have worked closely with it in developing this legislation. My understanding is that it is content, but I would not want to speak on its behalf, as it is an independent body.
Lord Storey (LD)
That is a very fair answer but between Committee and Report, will the Minister just make sure that Ofsted is completely content and there are no further loopholes?
Baroness Barran (Con)
I would be delighted to do that.
I was talking about how institutions might be operating separately but effectively as one institution. The evidence Ofsted might use to establish that could relate to individuals acting in concert or other evidence of links between the activities, such as the same pupils being educated on different premises. Clause 63 is intended to enhance Ofsted’s powers of inspection in these circumstances. This could include the investigation of so-called “tapestry schools”, with which the noble Lord is rightly concerned. In brief, we believe that those loopholes are closed.
As I explained, we do not believe it appropriate to regulate part-time settings until we have considered the response to the call for evidence on unregistered alternative provision. However, as we have discussed at length, parents have a duty to ensure that their children who are of compulsory school age receive a suitable full-time education. As we know from our earlier debates, local authorities can check this, and where a parent cannot demonstrate that the settings a child attends provide a suitable education, a school attendance order could of course be issued. A parent who sends their child to a different setting that provides only a narrow religious education with no secular education each weekday is very unlikely to be ensuring that their child receives a suitable full-time education, which I think is the point the noble Lord is rightly concerned about. I would be delighted to meet with the noble Baroness and the noble Lord to work through some of these examples in detail to assure them that we are meeting the spirit of their amendments.
Amendment 154 from the noble Baronesses, Lady Chapman, would remove the charitable status of independent educational institutions. When the noble Baroness talked about a change of tone, I thought for a minute that we were going to go to a certain place, but I thank her for the very measured way in which she made her case.
Independent schools that are charities are already obliged to show public benefit, as the noble Baroness acknowledged. She questioned the strength of that, but we are concerned that we should avoid piecemeal reform of charity law, aimed at only one group of charities. The amendment risks creating pressure to extend the removal of charitable status to other sectors. All charities must exist for public benefit, but they are not required to serve the whole public. It is not clear why this principle should change for one group, namely independent schools, and not for other charities.
As my noble friend Lord Lexden explained better than I can and with much greater experience, 85% of independent school council members are already involved in cross-sector working. I have met with a number of schools that are in different partnerships. I think there is a real sense of mutual benefit for the private schools and state-funded schools working together. I know that the noble Baroness and the Government will not agree on this point, but we see independent schools as an asset in our school system. Our responsibility is to make sure they fulfil their charitable purpose and that we use that asset to maximum benefit.
Finally, on Amendment 171G, also from the noble Baroness, Lady Chapman, schools are already under a statutory duty to act in accordance with the arrangements set out by local safeguarding partners. The noble Baroness will remember the recommendations made in Sir Alan Wood’s report following the review of multi-agency safeguarding arrangements. The Government legislated in the Children and Social Work Act 2017 to remove the requirement for local authorities to establish local safeguarding children’s boards. The 2004 Children Act was then amended by the 2017 Act to include provisions relating to those three safeguarding partners—the local authority, police and health—including a duty to make arrangements for them and any appropriate relevant agencies to work together to deliver their safeguarding functions. So there is some history here that we need to remember and take into consideration. The noble Baroness is absolutely right to point out that the independent review included a recommendation to make schools a statutory safeguarding partner. It is something that needs proper consideration and to which we will respond in our implementation strategy later this year.
I therefore ask my noble friend Lord Lucas to withdraw his Amendment 146A and I ask other noble Lords not to move the amendments in their names.
Baroness Barran
“Education and childcare behaviour orders(1) The Education and Skills Act 2008 is amended as set out in subsections (2) and (3).(2) In section 96 (unregistered independent educational institutions: offence), at the end insert—“(5) Schedule A1 makes provision enabling a court to make an education and childcare behaviour order where a person is convicted of an offence under this section.”(3) Before Schedule 1 insert—“Schedule A1Education and childcare behaviour ordersMaking an education and childcare behaviour order
1 (1) Where a person (the “defendant”) is convicted of an offence under section 96 (conducting an unregistered independent educational institution) after the coming into force of this Schedule, the prosecution may apply for an education and childcare behaviour order.(2) On an application under sub-paragraph (1), the court may make an education and childcare behaviour order if it thinks it is appropriate to do so for the purpose of protecting children from the risk of harm arising from the defendant conducting an unregistered independent educational institution or otherwise providing children with education, childcare, instruction or supervision. (3) An education and childcare behaviour order is an order which, for the purpose mentioned in sub-paragraph (2)—(a) requires the defendant to do anything specified in the order, or(b) prohibits the defendant from doing anything specified in the order.(4) The court may make an education and childcare behaviour order in respect of the defendant only if it is made in addition to—(a) a sentence imposed in respect of the offence under section 96, or(b) an order discharging the offender conditionally.(5) If, following an application by the prosecution for an education and childcare behaviour order, the court decides not to make such an order, it must state in open court its reasons for that decision.Duration of education and childcare behaviour order
2 (1) An education and childcare behaviour order takes effect on the day on which it is made.(2) An education and childcare behaviour order must specify the period for which it has effect, which must be a fixed period of at least six months and not more than three years.(3) Where a court makes an education and childcare behaviour order in respect of a defendant who is already subject to such an order, the earlier order ceases to have effect.Application for variation or discharge of education and childcare behaviour order
3 (1) The defendant may apply to the appropriate court for an order varying or discharging an education and childcare behaviour order.(2) On an application under this paragraph, the court may by order vary or discharge the education and childcare behaviour order.(3) A defendant may not make an application under this paragraph—(a) before the end of the period of three months beginning with the day on which the order was made, or(b) before the end of the period of three months beginning with the day on which any previous application under this paragraph was refused.(4) In this paragraph, the “appropriate court” means—(a) the court that made the order, or(b) a magistrates’ court for the area in which the defendant lives.Offence of breaching education and childcare behaviour order
4 (1) A person who breaches an education and childcare behaviour order is guilty of an offence.(2) A person guilty of an offence under this paragraph is liable on summary conviction to imprisonment for a term not exceeding 51 weeks or to a fine (or to both).(3) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003, for “51 weeks” in sub-paragraph (2), substitute “six months”.(4) Where a person is convicted of an offence under this paragraph, it is not open to the court by or before which the person is convicted to make, in respect of the offence, an order for conditional discharge.”(4) In section 379 of the Sentencing Act 2020, in the table in subsection (1), after the entry for the Serious Crime Act 2007 insert—
“Education and Skills Act 2008 | ||
Schedule A1 | education and childcare behaviour order | offence of conducting an unregistered independent education institution”.” |
This amendment would enable a court, after having convicted a person of the offence of operating an unregistered independent educational institution, to make an order requiring or prohibiting certain behaviour by that person, if the court considers it appropriate in order to protect children from a risk of harm. Breach of an order would constitute a further criminal offence.
Baroness Barran
Member’s explanatory statement
This amendment corrects a missed consequential amendment.
Baroness Barran
“(g) paragraph 4 of Schedule A1 (breach of education and childcare behaviour order).”Member’s explanatory statement
This amendment adds the offence of breaching an education and childcare behaviour order to the list of offences in clause 63, meaning that the new powers of entry and investigation in the Bill would be exercisable in respect of a suspected offence under this Schedule.
Baroness Barran
Member’s explanatory statement
This is a drafting clarification to make it clear that the reference to independent educational institutions inserted into s.141A(1) (teachers to whom the misconduct provisions apply) only catches such institutions that are not schools. Schools are already covered by s.141A(1)(a), so this amendment avoids an overlap between existing paragraph (a) and new paragraph (bb).
British Baccalaureate
Baroness Barran Excerpts(2 years, 5 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Lexden
To ask Her Majesty’s Government what assessment they have made of the main recommendation of The Times Education Commission, published on 15 June, which calls for the introduction of a British Baccalaureate.
The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)
My Lords, I thank the Times Education Commission and the Members of this House who have contributed to it for their insight and ideas. Over the last 10 years, the Government have transformed the quality of academic and technical qualifications, ensuring that they support all young people to achieve their full potential. That is why, with the further reforms currently in train, we have no plans to introduce a new British baccalaureate at age 18.
Lord Lexden (Con)
My Lords, have the Government noted the chorus of praise that greeted this report and, in particular, its recommendation for a British baccalaureate uniting academic and vocational study? Do the Government agree with the president of the Royal Society, who has said that:
“Given the breadth of support for the commission’s report, it is surely time for a cross-party approach to implementing a genuine reset of education”?
Will the Government now rise to this challenge, surely one of the most urgent of our time, which the current Schools Bill, to which my noble friend referred, seems to rather evade?
Baroness Barran (Con)
We think we have led, since 2010, a major reset of education in this country, with relentless focus on quality, clarity of purpose and good progression outcomes, and I commend to my noble friend the schools White Paper, which covers both our legislative and non-legislative actions.
Baroness Blackstone (Ind Lab)
My Lords, the Minister’s reply was extraordinarily complacent and very disappointing. I cannot understand how the Government can have such a closed mind to a sensible suggestion of the kind that the Times Education Commission has made. Is she not aware that no other OECD country has such a specialised curriculum for their able 16 to 18 year-olds? Surely it is now high time to look at this again and try to come up with a more sensible solution where young people have the opportunity to study a wider range of subjects, rather than being confined to just three as is the case with A-levels at the moment.
Baroness Barran (Con)
I thoroughly hope that I did not give the noble Baroness the sense that the Government are complacent. We are not complacent. She need only look at the measures we are taking in relation to technical education, I hope, to demonstrate that. Obviously, every country has a different education system. We have worked to build the best system for our children. We believe that it plays to our strengths and recognises the structure of the school system we have, rather than one that other countries have.
Baroness Coussins (CB)
My Lords, will the Government accept the Times education commission’s recommendation that bursaries for trainee language teachers be restored to the same level as for science and maths, given the current shortfall of well in excess of 50% for the recruitment of language teachers?
Baroness Barran (Con)
The noble Baroness has highlighted the issue of the shortage of modern languages teachers. She will be aware that we have taken a number of actions in this regard, including putting them on the shortage occupation list.
Baroness Garden of Frognal (LD)
Another great point in the education commission’s recommendations—forgive me if I read it out—is this:
“An ‘electives premium’ for all schools to be spent on activities including drama, music, dance and sport”,
which are so sadly missing in state schools these days,
“and a National Citizen Service experience for every pupil, with volunteering and outdoor pursuits expeditions to ensure that the co-curricular activities enjoyed by the most advantaged become available to all.”
What a brilliant idea. How will the Government take this forward?
Baroness Barran (Con)
The Government are already taking it forward. The department is investing around £115 million a year in cultural education over three years, on top of schools funding. We are also publishing a national plan for music education, thanks to the great leadership of my noble friend Lady Fleet, and will publish a cultural education plan in 2023. We are supporting the national youth guarantee in relation to citizenship opportunities.
Lord Cormack (Con)
My Lords, does my noble friend not accept those famous words that, without vision, the people perish? We have vision in this report from the Times. Will my noble friend at the very least —because many do think that the Government are complacent—talk to the Leader of the House about having a full day’s debate on that commission?
Baroness Barran (Con)
I would be happy to talk to the Leader of the House about my noble friend’s idea.
Lord Flight (Con)
My Lords, does the Minister agree that the main problem is that people have to specialise too early in this country? When many of us were doing O-levels, the standards were closer to today’s A-levels, so we have the problem that you cannot specialise when the quality of the teaching you are relying on is not high enough.
Baroness Barran (Con)
I can say to my noble friend that we have worked incredibly hard to reform both academic and, more recently, technical qualifications. I proudly wear my T-level badge, although it is slightly upside down. More importantly, there is a perception that one can do either academic or technical qualifications. In our response to the consultation on level 3 qualifications, published in July last year, we set out the groups of technical and academic qualifications that we will fund and how they can be combined.
Baroness Blower (Lab)
My Lords, although the Times education commission’s report is an extremely good piece of work with very good recommendations, other bodies were looking at the shape of our education system, particularly assessment, at the same time. So, although I wholeheartedly endorse the notion of having a day to look at this commission, it would pay dividends if the Government met all the commissions that have reported on the shape of our curriculum and assessment, and we thereafter debated all of them. I hope that the Minister agrees.
Baroness Barran (Con)
The Government engage with all the key stakeholder groups in this sector. We value enormously the expertise that they hold. However, I remind the House that attempts were made to deliver a broader 14-to-19 diploma but were not successful.
Baroness Neville-Rolfe (Con)
My Lords, the commission’s report comments on the importance of bringing out the best in teaching. Teach First has transformed the quality of teaching in some areas by attracting top-quality graduates into our schools. Would the Government consider a programme of Teach Last, to use the skills of those who retire early or want to give back to their communities after another career?
Baroness Barran (Con)
My noble friend will be pleased to know that there is such a programme, Now Teach, and that the Government have been active in supporting it.
Baroness Chapman of Darlington (Lab)
Last week, the Minister said at the Dispatch Box that it is not government policy to open further grammar schools, yet we read in the papers that new selective schools are on the cards as a way of soothing Tory Back-Benchers. Can the Minister confirm whether what she said last week was correct or whether the department is looking into new grammar schools?
Baroness Barran (Con)
I think the noble Baroness has seen from the Schools Bill and from the schools White Paper what our policy is in this matter.
Baroness Whitaker (Lab)
I make a plea to all those also asking the Government to take the baccalaureate more seriously. I declare an interest in that my eldest son took the baccalaureate because he was really distressed by the narrowness of A-levels. One advantage which has not been mentioned is that it can be internationally reciprocally recognised, so that children who emigrate or whose parents move for a job will not have to retake extremely alien examinations. Does the Minister not think that this is an advantage worth having for our children?
Baroness Barran (Con)
On the international recognition of our qualifications, the noble Baroness is right. We want an outward-looking and confident group of young people who seize opportunities all around the world, but certainly A-levels are extremely well regarded internationally, and we believe that T-levels will follow.
Baroness Bennett of Manor Castle (GP)
My Lords, the last Intergovernmental Panel on Climate Change report drew heavily on the work of anthropologists and sociologists. One aspect of the IB is that there is a theory of knowledge course, which looks not just at individual subjects but at how they intersect and divide between each other, and the challenge of acquiring reliable knowledge in an information age—referring to the media literacy question that we had yesterday. Therefore, is this cross-sectional, cross-disciplinary, systems-thinking approach not something that we urgently need across our education system?
Baroness Barran (Con)
The noble Baroness makes an interesting point. We agree that there is very much of value in the panel’s report, but one of its points is that there is an artificial dichotomy between knowledge and skills. All the evidence supports this. A knowledge-based curriculum stimulates critical thinking and inquiry skills, and those can be taught only in the context of solid subject content.